https://sleepyhollow.localarchives.org/files/original/1c3d18c5bf2251e64a66405f2fe99f67.pdf 0878628c88bc29e797af64cbfaf3f410 PDF Text Text RESOLUTION Adopted February 19, 2025 Village of Sleepy Hollow Zoning Board of Appeals RESOLUTION: Area Variances PROPOSED: Medical office building with attached parking structure LOCATION: 1 Legend Drive, 3 Legend Drive, and 5 Legend Drive DESIGNATION: Section 115.10, Block 1, Lots 1.6/1, 1.6/2, 1.6/3 ZONING DISTRICT: RF WHEREAS, on October 9, 2024, the Planning Board received a Planning Board application requesting Site Plan and Architectural Review approval to construct a 42,674 square foot three (3) story medical office building and attached five (5) story parking structure; and WHEREAS, on October 17, 2024, the Planning Board referred the applicant to the Zoning Board of Appeals to request variances for the proposed height of the building and the proposed number of required parking spaces in lieu of requesting approval from the Board of Trustees for approval of a shared parking agreement associated with the proposed Site Plan & Architectural Review Approval; and WHEREAS, on October 18, 2024, Lighthouse Landing Communities, LLC (the “Owner”) authorized the submission of an application by DelBello Donnellan Weingarten Wise & Wiederkehr, LLP ( the “Agent”) on behalf of SDC Lighthouse Landing Realty LLC, Simone Development Companies (the “Applicant”) to the Zoning Board of Appeals of the Village of Sleepy Hollow (the “ZBA”) requesting area variances to construct a (3) story 42,674 square foot medical office with an attached (5) five-story parking structure (the “Application”) pursuant to the Article XII Procedure of Appeals, of the Zoning Code of the Village of Sleepy Hollow; and WHEREAS, the Applicant is requesting a variance from Article VI, Section 450-20.B(5) of the Zoning Code, Riverfront Development District, height and setback restrictions, where the maximum permitted building height is 42.00 feet and the proposed building height is 52.00 feet; and WHEREAS, the Applicant is requesting a variance from Article VII, Section 450-41.E of the Zoning Code, Supplementary Regulations, off-street parking and loading space, where 513 parking spaces are required and 425 parking spaces are proposed; and WHEREAS, the ZBA held a duly noticed public hearing on November 20, 2024 to hear and consider the application in which all members of the public were invited to attend and comment on the Application; and Page 1 of 6 �WHEREAS, the ZBA reviewed the following documents: 1. Submission summary letter by Janet J. Giris, Partner of DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, as the Agent, dated 10/18/24 2. Zoning Board Application signed by Anne E. Kline, Esq. of DelBello Donnellan Weingarten Wise & Wiederkehr, LLP as the Agent, dated 10/24/24 3. Statement of Principle Points 4. Proxy statement by Peter Chavkin, Lighthouse Landing Communities, LLC, dated 10/17/24 5. Disclosure statement by Joseph Simone, Manager of SDC Lighthouse Landing Realty, LLC, dated 10/17/24 6. Zoning Board of Appeals Escrow Agreement signed by Anne E. Kline, Esq. of DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, as the Agent, dated 10/18/24 7. Zoning Compliance Form prepared by Mark Gratz, P.E., DTS Provident Design Engineering, LLP, dated 10/17/24 8. Short Environmental Assessment Form Part 1-Project information, dated 10/18/24 9. Block A- Shared Parking Analysis Memorandum by DTS Provident Design Engineering, LLP, dated 2/7/24 10. Figure No. 1, RF District –Building Height Zones, Figure No. 1, dated 10/9/24 11. SP-1.0- Block A Site Layout Plan prepared by Gerhard Martin Schwalbe, last revised 10/3/24 12. Westchester County Recording Page and deed dated 1/11/16 13. Design update illustrations for Medical Office Building prepared by G3 Architecture Interiors Planning, dated 10/17/24 as follows: a) View 1- view from DeCicco’ s Parking lot b) View 2- view from DeCicco’s Parking lot c) View 3- view from Beekman Avenue d) View 4- view from Legend Drive e) View 5- view from corner of Maxwell & Legend Drive f) View 6- view from southeast g) View 7- view from northeast h) View 8- campus vernacular & adjacent buildings i) Height Analysis- Barnhart Park Overlook- existing and proposed view from Barnhart Park j) Height Analysis-Zoning Height, Building Elevation and Building Section k) Height Analysis-Contextual Analysis, Site Section and Rendered View Legend Drive l) Site Plan-Proposed Site Plan m) Site Plan/Circulation Studies- Proposed Site Plan 14. Submission letter by Anne E. Kline of DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, dated 11/1/24 15. Westchester County Recording & Endorsement Page for Declaration dated 6/23/22 and Declaration for Establishing a Plan Condominium Ownership for Tax lots, dated 5/11/22 WHEREAS, the ZBA considered testimony from the Applicants’ Agents, the Board, and the public comments received in person and in writing regarding the proposed Application; and WHEREAS, on 11/14/24, the Building Department determined that public notices were defective; and Page 2 of 6 �WHEREAS, at the 11/21/24 meeting, the ZBA adjourned the public hearing to the December 18, 2024 meeting and requested the Agent re notice the public hearing for the December 18, 2024 meeting; , WHEREAS, on December 13, 2024, the Agent submitted completed proof of mailings for the December, 18, 2024 meeting; and WHEREAS, on December 17, 2024, an adjournment request was received from the Applicant’s attorney to adjourn the public hearing to the January 15, 2025 meeting; and WHEREAS, on December 18, 2024, the ZBA adjourned the public hearing to the January 15, 2025 meeting; and WHEREAS, the ZBA held a continued public hearing on January 15, 2025, to hear and consider the application in which all members of the public were invited to attend and comment on the Application; and WHEREAS, the ZBA reviewed the following supplemental documents: 1. Submission summary letter by Mark P. Weingarten, Partner, DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, dated 1/9/25 2. Letter by Joseph Simone, President, Simone Development Companies, dated 1/8/25 3. Memorandum by DTS Provident Design Engineering, LLP, dated 1/6/25 4. Letter by John DeCicco, CEO, DeCicco & Sons, dated 6/6/24 5. Correspondence by Henry Dong, dated 12/9/24 6. Correspondence by Joseph and Mary Louise Grotzinger 7. Correspondence by Christopher Peuler 8. Correspondence by Kenneth Chan 9. Correspondence by Xin Dai WHEREAS, the ZBA considered testimony from the Applicant, the project attorney, architect, and engineer, Village Architect, the ZBA, and public comments received in-person and in writing regarding the proposed Application; and WHEREAS, on January 15, 2025, the ZBA adjourned the public hearing to the February 19, 2025 meeting; and WHEREAS, the ZBA held a continued public hearing on February 19, 2025, to hear and consider the application in which all members of the public were invited to attend and comment on the Application; and WHEREAS, the ZBA reviewed the following supplemental documents: 1. Submission summary letter Megan Guy, Senior Vice President of Development, Simone Development Companies, dated 1/28/25. 2. Plans by Unistress dated 8/30/24 as follows: a. F2.2 - level-2 Plan Page 3 of 6 �b. c. d. e. f. PK2.1- Level-1 Parking Plan PK2.2- Level-2 Parking Plan PK2.3-Level-3 Parking Plan PK2.4-Level-4 Parking Plan PK2.5-Level-5 Parking Plan WHEREAS, the ZBA considered testimony from the Applicants, project attorney, architect, engineers, the ZBA, and public comments received in-person and in writing, regarding the proposed Application; and WHEREAS, in making its determination as to whether the applicant should be granted the area variances, the ZBA considered the following factors: 1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; 2) whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance; 3) whether the requested area variance is substantial; 4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and 5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance; and NOW, THEREFORE, BE IT RESOLVED, that ZBA, after review of the materials submitted, public comments, including written correspondence and recommendations, has determined that in accordance with the criteria set forth in the State Environment Quality Review Act (“SEQRA”) 6 NYCRR Part 617, and of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law, and based upon review of the Environmental Assessment Form, and the documents submitted to the ZBA, and all other materials which were prepared and submitted, the ZBA determines the application meets the requirements for a Type II action under SEQRA 617.5 and therefore requires no further processing under SEQRA; and RESOLVED, after due consideration, the ZBA makes the following determination for the requested variances: 1. Granting the variance for the parking structure's 52-foot height will not produce an undesirable change in the neighborhood's character nor a detrimental effect on the neighboring properties as the structure will be 4 feet higher than adjacent residential buildings, which were granted variances for 48 feet within the 42-foot reduced height zone. 2. Granting the variance for the parking structure’s 52-foot height is the feasible method to achieve the benefit sought to add 48 parking spaces on a site that is physically constrained from creating additional on-grade parking. 3. The requested variance for the parking structure’s 52-foot height is unsubstantial compared to the 65-foot height of the DeCicco’s supermarket building tower and North Light Building. 4. The parking structure will not adversely affect the physical or environmental conditions of the neighborhood. Page 4 of 6 �5. The DeCicco & Sons supermarket and the proposed medical facility tenant have endorsed the requested parking variance, proposing 425 shared parking spaces where 513 are required, as adequate for the projected number of staff and patrons during the site's maximum peak demands. 6. The plan satisfies the required number of accessible parking spaces and provides for managing loading areas. 7. Although the requested variances are self-created hardships, it is not the only factor the Board considers when approving area variances. Page 5 of 6 �� 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-2025 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_2025-02-19 _5 Legend Drive Approved Resolution Subject The topic of the resource Zoning Board Minutes & Resolutions-2025 Date A point or period of time associated with an event in the lifecycle of the resource 2025 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