https://sleepyhollow.localarchives.org/files/original/72473524aed7da7ec323887229b90e89.pdf aed4be4227eeb21a0a8f7c893cc5aa54 PDF Text Text Village of Sleepy Hollow Zoning Board of Appeals Meeting November 20, 2024 Chairman Timothy Church called the meeting to order at 7:00 pm. Present: Timothy Church, Chairman Sandra Tripp Gorete Crowe Craig Lis Thomas Chang Dennis Xenos Also Present: Sean E. McCarthy, Village Architect Absent: Pamela Kroll, Secretary to the Zoning Board of Appeals Carol Lyden Agenda: 1) SDC Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 1,3,5 Legend Drive, Proposed medical office building with attached parking structure- Public hearing 2) Joseph and Devin Bandelli, 274 Kelbourne Avenue, Proposed entry porch roof- Public hearing 3) Approval of minutes, July 17, 2024, September 18, 2024, October 16, 2024 1. SDC Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development, 1, 3, 5 Legend Drive, Proposed medical office building with attached parking structurePublic hearing Chairman Church read the public notice and listed the documents submitted with the application. Chairman Church stated that the Building Department determined that 23 public notice mailings were defective. The public hearing will be re-noticed for the December 18, 2024 meeting. The Board will hear the presentation and allow public comments but not act on the application. Mark Weingarten stated that he is a partner with the law firm DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, which is representing the applicant. Mr. Weingarten stated that the application proposes constructing a three-story 42,674 square-foot medical office building and a five-story parking structure containing 234 parking spaces. The applicant is seeking approval for two area variances related to height and parking requirements. Mr. Weingarten stated that the applicant has been working with the Planning Board for a year and a half and has made numerous changes to the proposed site plan. Although a shared parking analysis indicates that 378 parking spaces are adequate for the planned uses of Block A, the Planning Board expressed concerns that there would not be enough parking. Alternatives to provide more parking are 1 (ZBA 11/20/2024) �restricted by the irregular shape of the parcel, MTA easement, Westchester County Sewer Easement, and the DeCicco’s Supermarket need for short-term front entrance parking spaces and loading requirements. The additional level to the parking structure would add 48 parking spaces and increase the total number of spaces to 425. The expected tenant for the medical office building and the DeCicco’s market have signed off on the proposed number of shared parking spaces. The lower height zone restriction was originally designed to protect views from the east parcel, where residential development is no longer planned. Mr. Weingarten stated that the applicant is seeking a height variance of 10 feet and a parking variance for 88 spaces. The statement of principle points states that the benefit to the applicant outweighs any detriment to the community's health, safety and welfare. Brooks Slocum is an architect from G3 Architecture Interiors Planning. He presented the design renderings and described the proposed medical office building and parking structure layout. Chairman Church asked Mr. Slocum to describe the parking structure's profile differences and explain why the applicant is constrained from pushing the building out to add more parking. Mr. Slocum stated that the parking garage continually ramps from the surface parking lot side. The easement restrictions limit the building's size. Dennis Xenos asked Mr. Slocum to describe the slab height between the parking decks, how fire suppression would be managed on five levels, how entering and exiting the garage are proposed, and how many EV charging stations are proposed. Meagan Guy is the Senior Vice President of Development for Simon Development Companies. Ms. Guy stated that the Planning Board does not want EV charging stations provided in the garage structure. Mr. Slocum stated that the garage would have open-air ventilation and 10 feet is proposed between the slabs. Sandra Tripp asked Mr. Weingarten if the applicant considered reducing the size of the building to comply with the required parking spaces. Mr. Weingarten stated that the Village of Sleepy Hollow's code includes a higher parking requirement ratio for medical office buildings than other Westchester County municipalities. The tentative tenant desires a building of a certain size to be economically feasible. The parking studies showed adequate parking without the additional garage level. Ms. Tripp stated that other medical office buildings in Sleepy Hollow do not meet the parking capacity requirements and utilize parking around the surrounding neighborhoods. Mr. Weingarten stated that the applicant seeks to maximize the space's use and the building's size. An office building was part of the master plan, and commercial uses on the development 2 (ZBA 11/20/2024) �site are reduced from what was originally proposed. The on-street parking spaces created within the development are not credited as part of the parking ratio calculations. Thomas Chang asked if the parking garage is proposed for medical office building use. Mr. Weingarten stated that the parking garage would be part of the shared parking for the entire site. The medical office building employees and staff would be directed to utilize the parking garage. Time limitation restrictions are being considered for the surface parking lot to provide short-term spaces near DeCicco’s supermarket’s main entrance and to require visitors who spend more than an hour on-site to utilize the parking structure spaces. Mr. Chang asked if the spaces in the parking structure have designated spots for doctors, employees, and patients. Mr. Weingarten stated there are no plans for reserved parking spots within the parking structure. Emergency parking will be located at the building's drop-off entrance. Gorette Crowe stated that the medical office building and parking structure would block river views from Barnhart Park. Mr. Weingarten stated that the requested 10-foot height difference would not affect the views of the river. Mark Gratz is an engineer from DTS Provident Design Engineering, LLP. He presented a height zone study and stated that the medical office garage structure would not restrict river views, as it would be lower than the Northlight building. Ms. Tripp asked if another five-story structure would be proposed in the future. Mr. Weingarten stated that although he cannot say what will be proposed, there will be fewer commercial uses than originally planned, and this site originally contained office space. Gorete Crowe asked the applicant to describe the type of medical facilities proposed in the building. Ms. Guy stated that the tentative tenant is still developing the programming. A multi-specialty space with a variety of practices is expected. The medical office building would operate Monday through Friday from 8:00 AM to 5:00 PM and limited hours on Saturday. Mr. Weingarten stated that emergency or overnight care would not be offered in the medical office building. Chairman Church stated that the submitted parking analysis was completed based on industry standards of prospective tenants and office space square footage. Knowing the anticipated numbers of employees and patients who would utilize parking spaces hourly or daily would 3 (ZBA 11/20/2024) �provide a more reliable data source for the Board to consider when granting the requested parking variance. Ms. Guy stated that their engineers have requested it multiple times, but it is unavailable because the potential tenant is still developing the programming. Mr. Weingarten stated that Simone Development has also used projections from other projects, and John DeCicco has stated on the record that the proposed parking is sufficient for retail and supermarket uses. Chairman Church requested that the applicant submit a letter from John DeCicco and a study estimating the expected number of employees and patients who would utilize the medical office building and parking structure so that they can consider granting the parking variance when reducing the size of the building would be a feasible method to achieve the same goal. Mr. Weingarten stated that reducing the building size to satisfy the parking requirements is less expensive than adding a level to the parking structure. The tenant requires a certain amount of space for the building to be economically feasible. Ms. Crowe stated that medical office buildings usually operate longer hours than 9:00 AM to 5:00 PM. Mr. Xenos asked Mr. Weingarten if a parking space occupancy study was completed and if site traffic was evaluated. Mr. Weingarten stated that a traffic study was completed to evaluate the development. Mr. Xenos asked if a percentage of surface parking spots would be guaranteed. Ms. Guy stated that surface parking is a common element managed by the partners of the Condominium Board. Chairman Church suggested that the applicant consider requiring the medical office-building employees to park on the upper level of the garage structure. Mr. Weingarten stated that the applicant needs a tenant in place to agree to the employee-parking requirement and that it would be in their best interest to do so. Mr. Weingarten said that Mr. DeCicco agreed that the 192 surface parking spaces would be enough for their uses most of the time. Chairman Church moved to open the public hearing. Moved: Church Seconded: Lis Vote 6-0 Chairman Church solicited comments from the public. 4 (ZBA 11/20/2024) �There were no public comments. Chairman Church moved to adjourn the public hearing to the December 18, 2024 meeting. Moved: Church Seconded: Tripp Vote 6-0 2. Joseph and Devin Bandelli, 274 Kelbourne Avenue, Proposed entry porch- Public hearing Chairman Church read the public notice, listed the documents submitted with the application, and confirmed with Sean McCarthy that the Building Department received proof of the mailing receipts. Emilio Escaladas stated that he represents the applicant as an architect from Escaladas Associates Architects and Engineers. Mr. Escaladas described the existing conditions, interior renovations, and the first-floor addition approved for construction. Mr. Escaladas presented the side elevation drawing and stated that the applicant shifted the main entrance door to Kelbourne Avenue from Riverside Drive. The application proposes constructing a roof over the entry landing to protect the front door and create a decorative architectural element that will protrude 3 feet from the building over the property setback line. Mr. Escaladas presented photographs of views from the neighboring property and stated that the first-floor elevation is approximately 20 feet higher than the roof structure. The view from the river is 15 feet lower than the proposed entrance. The entry roof is minimally designed without columns and would be the only structure added to the side of the house. Craig Lis asked if the proposed entrance location has always been an open landing. Mr. Escaladas stated it was originally a screened-in porch. Ostap Vidov is the project contractor representing the applicant. Mr. Vidov stated that the screened-in porch was removed to push the front door forward and to add a new landing and steps leading to a mudroom. Chairman Church asked if the proposed roof supports are decorative. Mr. Escalades stated that decorative brackets with interior supports from the house structure are proposed. Sean McCarthy stated that the required front yard setback is 30 feet and the existing nonconforming setback is 26 feet. Chairman Church move to open the public hearing. Moved: Church Seconded: Tripp Vote 6-0 Chairman Church solicited comments from the public. 5 (ZBA 11/20/2024) �Robert Welch stated that he lives at 260 Kelbourne Avenue. Mr. Welch stated that the applicant is requesting a variance for 4 feet. The house is non-conforming with the back and front yards. The front of the property used to be a single-floor covered porch. The previous owner used the existing condition to add a second story. The proposed entry roof would directly affect the view from all the windows in his house and impair the river views from his property. The renovation will impair the unobstructed river views from his property. Other options are available for relocating the main entrance. Mr. Welch requested that the Board not grant the requested variance or future requests as they directly affect him. Mr. Welch read a portion of the letter he submitted to the Board. (See Exhibit #1). There were no other public comments. Chairman Church moved to close the public hearing. Moved: Church Seconded: Lis Vote 6-0 Chairman Church invited the applicants to address the public comments. Mr. Escaladas stated that the proposed small roof element would not obstruct 260 Kelbourne Avenue river views. Devin Bandelli stated that the proposed application is to protect the front door. There are no plans to build above it. Chairman Church stated that the proposed application would not interfere with the neighboring property owner’s river view shed. The small roof structure would improve the house's appearance and enhance the neighborhood's character. The roof structure is not substantial as it is minimally designed without columns and includes architectural supports. No other feasible method exists to create a welcoming entrance from Kelbourne Avenue. The proposed application would not result in a detriment to the physical or environmental conditions of the neighborhood. Although the application is a self-created hardship, it is not the only factor the Board considers when granting an area variance. Chairman Church moved to approve the application. Moved: Church Seconded: Tripp Timothy Church, Chairman - yes Craig Lis - yes Gorete Crowe - yes Sandra Tripp - yes Thomas Chang - yes Dennis Xenos- yes Vote 6-0 APPROVED 6 (ZBA 11/20/2024) �3. Approval of minutes, July 17, 2024, and September 18, 2024, October 16, 2024 Chairman Church moved to approve the July 17, 2024 minutes. Moved: Church Seconded: Tripp Timothy Church, Chairman - yes Craig Lis - yes Gorete Crowe - yes Sandra Tripp - yes Thomas Chang - yes Dennis Xenos- abstained Vote 5-0-1 APPROVED Chairman Church moved to approve the September 19, 2024 minutes. Moved: Church Seconded: Tripp Timothy Church, Chairman - yes Craig Lis - yes Gorete Crowe - yes Sandra Tripp - yes Thomas Chang - yes Dennis Xenos- abstained Vote 5-0-1 APPROVED Chairman Church moved to approve the October 16, 2024 minutes. Moved: Church Seconded: Tripp Timothy Church, Chairman - yes Craig Lis - yes Gorete Crowe - yes Sandra Tripp - yes Thomas Chang - yes Dennis Xenos- abstained Vote 5-0-1 APPROVED Chairman Church moved to adjourn the meeting at 8:23 P.M. Moved: Church Seconded: Tripp Vote 6-0 Respectfully Submitted, Pamela Kroll Secretary to the Zoning Board of Appeals 7 (ZBA 11/20/2024) �Exhibit #1 ����� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-2024 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_2024-11-20 Approved ZBA Minutes Subject The topic of the resource Zoning Board Minutes & Resolutions-2024 Date A point or period of time associated with an event in the lifecycle of the resource 2024 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text