Zoning Board of Appeals

Board of Appeals February 10 , 2021 61 BOARD OF APPEALS RUTHERFORD HALL VILLAGE HALL SCARSDALE, NY February 10, 2021 A regular meeting of the Board of Appeals of the Village of Scarsdale was held in via Zoom videoconference, on Wednesday, February 10, 2021 at 7:00p.m. Those members present were Chair, Jeffrey Watiker, Amy Cooper, Jeremy Gans, Barry Meiselman and Meredith Millen. Also present were Village Attorney, Daniel Pozin, Building Inspector, Frank Diodati, Village Planner, Greg Cutler, and Assistant to the Village Planner, Shelby Miller. * ** * * * The Chair said good evening. Welcome to the February 10, 2021 Zoning Board of p, eals meeting which is being conducted by Zoom Videoconference, pursuant to the ~ vernor's Executive Order 202. Instructions for joining the meeting and accessing the ~p, lication materials are available at www.scarsdale.com on the Calendar page under the ~ ning Board of Appeals Meeting. Members of the public can view this meeting live and $?p ovide comments as directed. As we begin this evening's meeting I'd like to take a few moments of your time to ~ xplain the Board's procedures. We hear each application in the order in which it is noticed - we hear first from the applicant and then from any persons speaking in favor of or in pposition to the application. When I ask for public comment, please click "Raise Hand" or dial *9 to participate by phone. After all of the evening's hearings, the Board will deliberate. Deliberations are open to the public. At the conclusion of deliberations on each application, the Board attempts to reach a consensus. For an application to be granted, at least three of the Board's five members must vote in favor of that application. The Board's decision is memorialized in a written resolution. The resolutions are filed at Village Hall and are available to the public. Should you decide to leave the meeting before the vote, you may obtain the Board's decision by calling Shelby Miller at Village Hall tomorrow at 722-1131. Also, tomorrow the decisions will be posted on the web at www.scarsdale.com in the Agenda Center under Zoning Board of Appeals. ****** The reading of the following legal notice was waived pursuant to a continuing resolution adopted by unanimous vote of the Board: LEGAL NOTICE PUBLIC HEARING Board of Appeals February 10 , 2021 62 BOARD OF APPEALS VILLAGE OF SCARSDALE NOTICE IS HEREBY GIVEN that a Public Hearing will be held by remotely by the Board of Appeals ofthe Village of Scarsdale via Zoom videoconference, pursuant to Executive Order 202, on Wednesday, February 10,2021 at 7:00p.m. at which time the Board of Appeals will consider the following: 1. The application of Cloudstone Consulting LLC for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 28 Garden Road, identified on the Village tax map as Sec. 16, Blk. 1, Lot 21A2. 2. The application of Matthew Miller and Kimberley Harris for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 19 Drake Road, identified on the Village tax map as Sec. 13 Blk. 1 Lot 17. 3. The application of Brian Bandsma and Moira Crouch for a Special Use Permit, pursuant to Chapter 310-88 ofthe Village Code, to construct a swimming pool at 12 South Woods Road, identified on the Village tax map as Sec. 12 Blk. 8 Lot 64. 4. The application of Peter and Atara Stahl for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool (spa) at 46 Meadow Road, identified on the Village tax map as Sec. 23 Blk. 1 Lot 229. 5. The application of Laura and Jack Kattan for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 18 Innes Road, identified on the Village tax map as Sec. 18 Blk. 2 Lot 54. 6. The application of Beth Zadek and Joph Steckel for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 3 Torrence Place, identified on the Village tax map as Sec. 14 Blk. 1 Lot 7B. Members of the public wishing to present comments may do so online by accessing the meeting at https://scarsdale.zoom.us/j/95127974146 or by calling 1-929-436-2866 and entering the meeting ID: 951 2797 4146. Copies of the above applications may be viewed by interested parties at this Drop box link: https://www.dropbox.com/sh/iwkdh1e69xn6jsp/AAASF4hrZKB8XRGzqOyylorMa?dl=O Please email planning@scarsdale.com or call 914-722-1131 with any comments or questions. To receive meeting agendas by e-mail, visit www.scarsdale.com and click on "Notify Me" to subscribe. By Order of the Board of Appeals, Scarsdale, New York, dated January 26,2021. Gregory Cutler, AICP, Village Planner. Board of Appeals February 10 , 2021 63 **** ** CASE #32 OF 2020 1. The Chair declared the hearing open on the application of Cloudstone Consulting LLC for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 28 Garden Road, identified on the Village tax map as Sec. 16, Blk. 1, Lot 21A2. No representatives were present, and as such, the Chair ended the discussion on the application. ** **** CASE #3 OF 2021 2. The Chair declared the hearing open on the application of Matthew Miller and Kimberley Harris for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 19 Drake Road, identified on the Village tax map as Sec. 13 Blk. 1 Lot 17. Adamo Maiorano, Engineer, was present. Mr. Maiorano said they are addressing concerns in last month's meetings. They have updated their plan to include complete screening from new plantings and not rely on existing trees or trees that are not on their property. They have also more clearly indicated which plants are going where. The Chair asked if there was anyone else who wished to be heard with respect to this application, either in favor or in opposition. No persons desiring to be heard, the Chair ended the discussion on the application. ***** * CASE #5 OF 2021 3. The Chair declared the hearing open on the application of Brian Bandsma and Moira Crouch for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 12 South Woods Lane, identified on the Village tax map as Sec. 12 Blk. 8 Lot 64. Mark Behr, Architect, was present. Mr. Behr said that it is their second time coming before the board. They have resubmitted the landscape plan that more clearly shows side yard screening. There are some existing evergreens and they have infilled the gaps. Board o f Appeals Feb r uary 10 , 202 1 64 The Chair asked if all the screening is on the applicant' s property. Mr. Behr said yes. The Chair asked if there was anyone else who wished to be heard with respect to this application, either in favor or in opposition. No persons desiring to be heard, the Chair ended the discussion on the application. ****** CASE #9 OF 2021 4. The Chair declared the hearing open on the application of Peter and Atara Stahl for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool (spa) at 46 Meadow Road, identified on the Village tax map as Sec. 23 Blk. 1 Lot 229. Elizabeth Hendrickson, Landscape Architect, was present. Ms. Henderson said she has submitted revisions to the plan per the Board' s comments. She has added additional trees for screening and has more clearly indicated the fence surrounding the pool equipment. The Chair asked if there was anyone else who wished to be heard with respect to this application, either in favor or in opposition. No persons desiring to be heard, the Chair ended the discussion on the application. * ** *** CASE #12 OF 2021 5. The Chair declared the hearing open on the application of Laura and Jack Kattan for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 18 Innes Road, identified on the Village tax map as Sec. 18 Blk. 2 Lot 54. Walter Nestler, Landscape Architect, was present. Mr. Nestler said the plan meets all setback requirements. There is a very dense evergreen hedge on the north side of the property. On the rear of the property, there is an existing 6 ft. high combination cedar and trellis fence, and the south of the property has large existing evergreen trees and shrubs to which they will be adding additional screening to close any existing gaps. The current patio will be removed and replaced with a new patio. The fencing consists of chain-link fencing along the north and south borders. The existing fencing along the rear of the property currently meets code. The front of the house will have 5 ft. an aluminum picket fence. The equipment is placed next to the house to meet the 20 ft setback requirement. It is also enclosed with the 6 ft. high cedar and trellis fence and is screened with evergreens. The Chair said that on the original plan there had been 4.5-5 ft. evergreens. Mr. Nestler said that note had been amended to be 5 ft minimum. Mt. Cutler said to submit the amendment to the plan. Mr. Nestler agreed. Board of Appeals February 1 0 , 2021 65 Michael Leeberg at 313 Heathcote Road, audience member, said that he is a backyard neighbor. From his bedroom window he can clearly see into the backyard over the existing fence. It does not seem to him that the plan will provide the screening that the guidelines require. The Chair said that Mr. Nessler may respond to the comment. Mr. Nessler said that he believes that the plan shows the required screening. He said Mr. Leeberg can meet with him and the owner if he likes. The Chair said that while they require 5 ft. high screening, they do not have requirements for sightlines for individual houses. Mr. Leeberg said they never received notice of the meeting, so he has not had the opportunity to inspect the plan as thoroughly as if he had received advanced notice. The Chair asked if they are relying only on existing screening or adding screening. Mr. Nessler said they are using existing trees in addition to adding to close any gaps. They are adding 5 ft. high plantings in front ofthe existing fence. Mr. Gans said that the screening requirement is 5 ft. The Chair asked if there was anyone else who wished to be heard with respect to this application, either in favor or in opposition. No persons desiring to be heard, the Chair ended the discussion on the application. ** *** * CASE # 13 OF 2021 6. The Chair declared the hearing open on the application of Beth Zadek and Joph Steckel for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 3 To1Tence Place, identified on the Village tax map as Sec. 14 Blk. 1 Lot 7B. Chuck Willette, Architect, and Elaine Yellen, Landscape Architect, were present. Mr. Willette said that the pool application had previously been approved, but they have changed their plans for the fence and are requesting approval for that change. The fence had previously gone to the edge of the property on Post Road, but they are requesting bringing it in. The area no longer fenced in is heavily wooded. He said they want to continue an existing wood fence for a portion to provide more privacy from the neighbor. Most of the fence would be green-chain link, and they are asking the Board's permission to install a wrought iron fence in the front of the property. The Chair asked if the existing wood fence was part of the plan. Mr. Willette says that it was on the plan, but they did not specify a request to keep it in the earlier plan. The Chair asked if all the landscaping showr1 on the plan has been installed because he noticed a lot of gaps when he visited the site. Mr. Willette said it has not all been installed yet, and they must complete the fencing before they can finish installing the landscape. The Chair asked if the plan is relying on what is already there because when he visited a week ago, there were a lot of gaps. Ms. Yellen said many areas have not been landscaped yet because they needed to wait for the fencing. On the left side, there has been no planting. Board o f Appea ls Febru ary 1 0 , 2021 66 The Chair asked if the proposed landscape plan is different from the approved one. Ms. Yellen said that the evergreen screening has been moved in closer, away from Post Road, as well as the fence. She has also changed the plan towards the rear of the property to make it more of a line, and it should provide a total evergreen screen. The Chair asked if the area in the top of the plan was finished, and Ms. Yellen said she believes it is pretty much done and thinks it is a solid screen. The Chair said that there appeared to be more gaps than they would normally allow. Ms. Yellen said that they can add trees. She asked for clarification of where they believed they had gaps. The Chair said that there should be a complete screen even in the winter. Ms. Yellen said she would guess the gap was in front of the large deciduous tree in the center, and they could plant evergreens in front of it. She asked if it would be possible for someone to meet her there and show her where the problem is. The Chair said they normally would not do that. Ms. Yellen asked if it would be possible for the board to tell her which area is not quite full enough. Mr. Meiselman said that he thinks it is obvious that it is not completely screened. Mr. Meiselman asked where the screening is supposed to be in relation to the stone retaining wall. Ms. Yellen said that the screening is further up. Mr. Gans said that the test is fully screened prior to issuance of the CO without reliance on growth. Mr. Willette said they will meet to accommodate the wish that the screening is solid. Mr. Watiker said that in circumstances like this, they would typically hold over. Ms. Yellen asked if he would like her to add trees to the plan and then resubmit. Mr. Watiker said yes, but they have not yet deliberated. Mr. Willette said that he thinks the plan does show a solid screen but that they did not execute it properly. He requested that they approve it and then come and see it before the C.O. The Chair asked what the fencing material is for the wood fence. Mr. Willette said that it looks like a pine. The Chair said that the board typically disfavors wood fences , and where they have allowed them, they have typically been cedar or some kind of robust wood. The reason for this is that the fence serves to prevent animals and children from coming onto the property and getting into the pool, and plastic or metal have a longer life than wood. Mr. Willette showed a photo of the existing fence and said that they would be matching it. The Chair said that he does not know if the board understood that the fence was wood when they signed off on it. Mr. Willette said that it was not because it is existing. They are asking to continue the existing fence around the comer to provide more privacy. The Chair said that usually a wood fence would not be needed for screening. He asked what landscaping they are proposing for that comer. Ms. Yellen showed the landscape plan and said that one reason the wood fence would be good is because it will be a difficult area to get plants to grow as it is on a hill and there are a lot oftree roots. If we cannot have a solid fence, it will be a solid row of skip laurels. The Chair said that the rules do now allow for wood fence as an alternative screening. Ms. Yellen said the plan shows a line of skip laurels, but it will be challenging to get them to grow well and vigorously in that area. Mr. Cutler said that in the previous submission, the wood fence was on the plan but not shown as the pool fence. Mr. Willette said that in the previous plan, they were proposing putting something in front of the wood fence. The Chair asked if the idea was that the entire pool fence would be chain link in the previous submission, and Mr. Willette said that it said chain-link or wrought iron. The Chair asked Mr. Willette to clarify that they had not approved a wood fence as a pool fence before, and Mr. Willette said yes, it had been a fence in front of a fence. The Chair asked if there was anyone else who wished to be heard with respect to this Board of Appeals February 10 , 2021 67 application, either in favor or in opposition. No persons desiring to be heard, the Chair ended the discussion on the application. ****** Boa r d o f App eals Feb r ua ry 10 , 202 1 68 CASE #32 OF 2020 1. Cloudstone Consulting LLC 28 Garden Road Sec. 16, Blk. 1, Lot 21A2 Special Use Petmit to construct a swimming pool The Board considered the application of Cloudstone Consulting LLC, Case #32 of 2020, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 28 Garden Road, and, upon motion duly made and seconded, held the matter over to a future date to provide an opportunity for the applicant or their representative to explain the plans. ****** Board of Appeals February 10, 2021 69 CASE #3 OF 2021 2. Matthew Miller and Kimberley Harris 19 Drake Road Sec. 13, Blk. 1, Lot 17 Special Use Permit to construct a swimming pool The Board considered the application of Matthew Miller and Kimberley Harris, Case #3 of202 1, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 19 Drake Road, and, upon motion duly made and seconded, unanimously adopted the following resolution: WHEREAS: The Board has considered the subject application pursuant to the State Environmental Quality Review Act and Chapter 152 ofthe Village Code; now therefore be it RESOLVED: That after careful examination of the site and evaluation of the information submitted with the application, the Board determined that such application, the construction of minor accessory structures (such as driveways, fences or pools) is a Type II action pursuant to 6 NYCRR 617.5(c) (12) and no further environmental review is required pursuant to said regulations; and WHEREAS: The property is in the A-1 (1 acre) zoning district and is shown in the Assessor's records as 1 acre and 43,560 sq. ft. on the lot coverage form; and WHEREAS: The property is improved with a home built in 2004; and WHEREAS: Chapter 31 0-88(A) of the Village Code authorizes the Board of Appeals to consider Special Use Permits for the construction of swimming pools; and WHEREAS: The plans show the proposed construction of a swimming pool and associated equipment, landscaping and fencing; and WHEREAS: The pool and pool equipment appear to meet the required setbacks and the project appears to meet the lot coverage; and WHEREAS: The pool will be screened at the perimeter of the property with evergreen trees; and WHEREAS: The Board members have visited the site and are familiar with the materials in the application; now therefore be it RESOLVED: That the application ofMatthew Miller and Kimberley Harris, Case #3 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 ofthe Village Code, to construct a swimming pool at 19 Drake Road, as shown on the Proposed Pool Plan dated revised January 20, 202 1, be approved based on the Board of Appea l s February 10 , 2021 70 following findings and conditions: 1. The proposed swimming pool is consistent with the public health, safety, morals and general welfare of the community. 2. There shall be installed and maintained on the lot upon which the pool is located, and completely enclosing the pool, a fence or wall not less than 5 feet in height, with all gates and doors equipped with self-closing and self-latching devices designed to keep and capable of keeping such gates and doors securely closed at all times when not in actual use. The fence shall be constructed as represented to the Board at the meeting and on the approved plans. 3. Evergreen screening shall be planted as represented on the plans but in any event, at a minimum of 5 feet in height, and spaced so as to completely screen the pool from the view of all persons occupying adjoining properties and from the street, subject to the approval of the Building Inspector, shall assure that these features be installed and maintained on the applicant's property as long as said pool is in existence. 4. A 24-hour filter circulating system shall be installed and maintained as represented on the plans. 5. Lighting of the pool and adjacent premises shall be limited to underwater lighting. 6. Drainage and sanitary facilities, conforming to the requirements of the Scarsdale Village Code, shall be installed and maintained. Measures must be taken to insure that water containing chemicals, such as acids or detergents resulting from lowering the water level of the pool or from pool cleaning, will be pumped directly into the sanitary sewer system, and not drained onto any land or into any stream or storm drain. 7. The use of the swimming pool shall be limited to the occupants of the principal building and their guests. 8. No excavation or removal of additional soil or rock shall be permitted except to construct the pool and any related stormwater management facilities. 9. A Stormwater Management and Erosion Control Permit is required. The soil erosion control measures shall be in place prior to the issuance of a Building Permit. 10. The applicant shall submit an "as built" survey and certified lot coverage form to the Building Inspector prior to the issuance of a Certificate of Occupancy, showing the final location of the pool, associated improvements, Board of Appeals February 10 , 2021 71 fencing and the as-built lot coverage. 11. The swimming pool shall be completed within 24 months and shall not be used prior to the issuance of a Certificate of Occupancy. 12. The Certificate of Occupancy shall not be issued until the applicant complies with all conditions set down by the Board. 13 . Failure to obtain a Certificate of Occupancy for the swimming pool within a period of24 months from the date of this resolution shall cause the Special Use Petmit to become null and void. ****** Board of Appeals February 10 , 2021 72 CASE #5 OF 2021 3. Brian Bandsma and Moira Crouch 12 South Woods Lane Sec. 12, Blk. 8, Lot 64 Special Use Permit to construct a swimming pool The Board considered the application of Brian Bandsma and Moira Crouch, Case #5 of 2021 , for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 12 South Woods Lane, and, upon motion duly made and seconded, unanimously adopted the following resolution: WHEREAS: The Board has considered the subject application pursuant to the State Environmental Quality Review Act and Chapter 152 ofthe Village Code; now therefore be it RESOLVED: That after careful examination ofthe site and evaluation of the information submitted with the application, the Board determined that such application, the construction of minor accessory structures (such as driveways, fences or pools) is a Type II action pursuant to 6 NYCRR 617.5(c) (12) and no further environmental review is required pursuant to said regulations; and WHEREAS: The property is in the A-3 (10,000 sq. ft.) zoning district, is shown in the Assessor's records as .64 acres and 16,023 sq. ft. on the lot coverage form; and WHEREAS: The property is improved with a home built in 1931 with subsequent additions, alterations, and renovations approved by the BAR on January 7, 2019; and WHEREAS: The portion of the property nearest the Hutchinson River is located within the 1% annual chance special flood hazard area; and WHEREAS: The property received wetland permit and subdivision approval from the Planning Board on November 28, 20 19; and WHEREAS: The property received Special Use Permit approval and a 659 sq. ft. lot coverage variance from the Board of Appeals on October 28, 2018 to construct a swimming pool (spa); and WHEREAS: Chapter 310-88(A) ofthe Village Code authorizes the Board of Appeals to consider Special Use Permits for the construction of swimming pools; and WHEREAS: The plans show the proposed construction of a swimming pool and associated equipment, landscaping and fencing ; and WHEREAS: The pool and pool equipment appear to meet the required setbacks and the project appears to meet the lot coverage; and WHEREAS: The pool will be screened at the perimeter of the property with evergreen trees; Board of Appeals February 10 , 202 1 73 and WHEREAS : The Board members have visited the site and are familiar with the materials in the application; now therefore be it RESOLVED: That the application ofBrian Bandsma and Moira Crouch, Case #5 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 12 South Woods Lane, as shown on the Proposed Site Plan dated revised January 21, 2021, be approved based on the following findings and conditions: 1. The proposed swimming pool is consistent with the public health, safety, morals and general welfare of the community. 2. There shall be installed and maintained on the lot upon which the pool is located, and completely enclosing the pool, a fence or wall not less than 5 feet in height, with all gates and doors equipped with self-closing and self-latching devices designed to keep and capable of keeping such gates and doors securely closed at all times when not in actual use. The fence shall be constructed as represented to the Board at the meeting and on the approved plans. 3. Evergreen screening shall be planted as represented on the plans but in any event, at a minimum of 5 feet in height, and spaced so as to completely screen the pool from the view of all persons occupying adjoining properties and from the street, subject to the approval of the Building Inspector, shall assure that these features be installed and maintained on the applicant's property as long as said pool is in existence. 4. A 24-hour filter circulating system shall be installed and maintained as represented on the plans. 5. Lighting of the pool and adjacent premises shall be limited to underwater lighting. 6. Drainage and sanitary facilities, conforming to the requirements ofthe Scarsdale Village Code, shall be installed and maintained. Measures must be taken to insure that water containing chemicals, such as acids or detergents resulting from lowering the water level of the pool or from pool cleaning, will be pumped directly into the sanitary sewer system, and not drained onto any land or into any stream or storm drain. 7. The use of the swimming pool shall be limited to the occupants ofthe principal building and their guests. 8. No excavation or removal of additional soil or rock shall be permitted except to construct the pool and any related stormwater management facilities. Boar d of Appeal s Febr ua r y 1 0 , 202 1 74 9. A Stormwater Management and Erosion Control Permit is required. The soil erosion control measures shall be in place prior to the issuance of a Building Permit. 10. The applicant shall submit an 11 as built 11 survey and certified lot coverage form to the Building Inspector prior to the issuance of a Certificate of Occupancy, showing the final location of the pool, associated improvements, fencing and the as-built lot coverage. 11. The swimming pool shall be completed within 24 months and shall not be used prior to the issuance of a Certificate of Occupancy. 12. The Certificate of Occupancy shall not be issued until the applicant complies with all conditions set down by the Board. 13. Failure to obtain a Certificate of Occupancy for the swimming pool within a period of24 months from the date of this resolution shall cause the Special Use Permit to become null and void. ****** Board of Appeal s February 10 , 202 1 75 CASE #9 OF 2021 4. Peter and Atara Stahl 46 Meadow Road Sec. 16, Blk. 4, Lot 6A1 Special Use Permit to construct a swimming pool The Board considered the application of Peter and Atara Stahl, Case #9 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool (spa) at 46 Meadow Road, and, upon motion duly made and seconded, unanimously adopted the following resolution: WHEREAS: The Board has considered the subject application pursuant to the State Environmental Quality Review Act and Chapter 152 ofthe Village Code; now therefore be it RESOLVED: That after careful examination of the site and evaluation of the information submitted with the application, the Board determined that such application, the construction of minor accessory structures (such as driveways, fences or pools) is a Type II action pursuant to 6 NYCRR 617.5(c) (12) and no further environmental review is required pursuant to said regulations; and WHEREAS: The property is in the A-2 (20,000 sq. ft.) zoning district, is shown in the Assessor's records as .6 acres and 26,234 sq. ft. on the lot coverage form; and WHEREAS: The property is improved with a home built in 1961; and WHEREAS: Chapter 31 0-88(A) of the Village Code authorizes the Board of Appeals to consider Special Use Permits for the construction of swimming pools; and WHEREAS: The plans show the proposed construction of a swimming pool and associated equipment, landscaping and fencing; and WHEREAS: The pool and pool equipment appear to meet the required setbacks and the project appears to meet the lot coverage; and WHEREAS: The pool will be screened at the perimeter of the property with evergreen trees; and WHEREAS : The Board members have visited the site and are familiar with the materials in the application; now therefore be it RESOLVED: That the application Peter and Atara Stahl, Case #9 of2021 , for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool (spa) at 46 Meadow Road, as shown on the Proposed Site Plan dated revised January 26, 2021 , be approved based on the following findings and conditions: Board of Appeals February 1 0 , 2021 76 1. The proposed swimming pool is consistent with the public health, safety, morals and general welfare of the community. 2. There shall be installed and maintained on the lot upon which the pool is located, and completely enclosing the pool, a fence or wall not less than 5 feet in height, with all gates and doors equipped with self-closing and self-latching devices designed to keep and capable of keeping such gates and doors securely closed at all times when not in actual use. The fence shall be constructed as represented to the Board at the meeting and on the approved plans. 3. Evergreen screening shall be planted as represented on the plans but in any event, at a minimum of 5 feet in height, and spaced so as to completely screen the pool from the view of all persons occupying adjoining properties and from the street, subject to the approval of the Building Inspector, shall assure that these features be installed and maintained on the applicant's property as long as said pool is in existence. 4. A 24-hour filter circulating system shall be installed and maintained as represented on the plans. 5. Lighting of the pool and adjacent premises shall be limited to underwater lighting. 6. Drainage and sanitary facilities, conforming to the requirements of the Scarsdale Village Code, shall be installed and maintained. Measures must be taken to insure that water containing chemicals, such as acids or detergents resulting from lowering the water level of the pool or from pool cleaning, will be pumped directly into the sanitary sewer system, and not drained onto any land or into any stream or storm drain. 7. The use ofthe swimming pool shall be limited to the occupants of the principal building and their guests. 8. No excavation or removal of additional soil or rock shall be permitted except to construct the pool and any related stormwater management facilities. 9. A Stormwater Management and Erosion Control Permit is required. The soil erosion control measures shall be in place prior to the issuance of a Building Permit. 10. The applicant shall submit an "as built" survey and certified lot coverage form to the Building Inspector prior to the issuance of a Certificate of Occupancy, showing the final location of the pool, associated improvements, fencing and the as-built lot coverage. Board of Appeals February 1 0 , 2 021 77 11. The swimming pool shall be completed within 24 months and shall not be used prior to the issuance of a Certificate of Occupancy. 12. The Certificate of Occupancy shall not be issued until the applicant complies with all conditions set down by th~ Board. 13. Failure to obtain a Certificate of Occupancy for the swimming pool within a period of 24 months from the date of this resolution shall cause the Special Use Permit to become null and void. ****** Board of Appeals February 10 , 2021 78 CASE #12 OF 2021 5. Laura and Jack Kattan 18 Innes Road Sec. 18, Blk.2, Lot54 Special Use Permit to construct a swimming pool The Board considered the application of Laura and Jack Kattan, Case #12 of2021 , for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 18 Innes Road and, upon motion duly made and seconded, unanimously adopted the following resolution: WHEREAS: The Board has considered the subject application pursuant to the State Environmental Quality Review Act and Chapter 152 ofthe Village Code; now therefore be it RESOLVED: That after careful examination of the site and evaluation of the information submitted with the application, the Board determined that such application, the construction of minor accessory structures (such as driveways, fences or pools) is a Type II action pursuant to 6 NYCRR 617.5(c) (12) and no further environmental review is required pursuant to said regulations; and WHEREAS: The property is in the A-3 (10,000 sq. ft.) zoning district, is shown in the Assessor's records as .40 acres and 17,231 sq. ft. on the lot coverage form; and WHEREAS: The property is improved with a home built in 1940; and WHEREAS : Chapter 31 0-88(A) of the Village Code authorizes the Board of Appeals to consider Special Use Permits for the construction of swimming pools; and WHEREAS: The plans show the proposed construction of a swimming pool and associated equipment, landscaping and fencing; and WHEREAS: The pool and pool equipment appear to meet the required setbacks and the project appears to meet the lot coverage; and WHEREAS: The pool will be screened at the perimeter of the property with evergreen trees; and WHEREAS: The Board members have visited the site and are familiar with the materials in the application; now therefore be it RESOLVED: That the application Laura and Jack Kattan, Case #12 of2021, for a Special Use Permit, pursuant to Chapter 310-88 ofthe Village Code, to construct a swimming pool at 18 Innes Road, as shown on the Site Plan and Planting Plan dated January 13, 2021 , be approved based on the following findings and conditions: Board of Appeals February 10, 2021 79 1. The proposed swimming pool is consistent with the public health, safety, morals and general welfare of the community. 2. There shall be installed and maintained on the lot upon which the pool is located, and completely enclosing the pool, a fence or wall not less than 5 feet in height, with all gates and doors equipped with self-closing and self-latching devices designed to keep and capable of keeping such gates and doors securely closed at all times when not in actual use. The fence shall be constructed as represented to the Board at the meeting and on the approved plans. 3. Evergreen screening shall be planted as represented on the plans but in any event, at a minimum of 5 feet in height, and spaced so as to completely screen the pool from the view of all persons occupying adjoining properties and from the street, subject to the approval of the Building Inspector, shall assure that these features be installed and maintained on the applicant's property as long as said pool is in existence. 4. A 24-hour filter circulating system shall be installed and maintained as represented on the plans. 5. Lighting of the pool and adjacent premises shall be limited to underwater lighting. 6. Drainage and sanitary facilities, conforming to the requirements of the Scarsdale Village Code, shall be installed and maintained. Measures must be taken to insure that water containing chemicals, such as acids or detergents resulting from lowering the water level of the pool or from pool cleaning, will be pumped directly into the sanitary sewer system, and not drained onto any land or into any stream or storm drain. 7. The use of the swimming pool shall be limited to the occupants of the principal building and their guests. 8. No excavation or removal of additional soil or rock shall be permitted except to construct the pool and any related stormwater management facilities. 9. A Stormwater Management and Erosion Control Permit is required. The soil erosion control measures shall be in place prior to the issuance of a Building Permit. 10. The applicant shall submit an "as built" survey and certified lot coverage form to the Building Inspector prior to the issuance of a Certificate of Occupancy, showing the fmal location of the pool, associated improvements, fencing and the as-built lot coverage. Board of Appeals February 10 , 2021 80 11. The swimming pool shall be completed within 24 months and shall not be used prior to the issuance of a Certificate of Occupancy . 12. The Certificate of Occupancy shall not be issued until the applicant complies with all conditions set down by the Board. 13. Failure to obtain a Certificate of Occupancy for the swimming pool within a period of24 months from the date of this resolution shall cause the Special Use Permit to become null and void. ****** Board of Appeal s Feb r uary 10 , 2021 81 CASE #13 OF 2021 6. Beth Zadek and Joph Steckel 3 Torrence Place Sec. 14, Blk. 1, Lot 7B Special Use Permit to construct a swimming pool The Board considered the application of Beth Zadek and Joph Steckel, Case #13 of 2021 , for a Special Use Permit, pursuant to Chapter 310-88 ofthe Village Code, to construct a swimming pool at 3 Torrence Place and, upon motion duly made and seconded, held the matter over to a future date pending receipt and review of the following: 1) A more robust and compliant landscape plan. 2) To provide additional information on the existing solid wood fence and proposed solid wood fence related to the longevity of the material and the proposed maintenance. * ***** Board of Appeals February 10, 2021 82 ****** The Chair announced that the next meeting of the Board of Appeals would be held on Wednesday, March 10, 2021 , at 7 p.m. *** *** The meeting was adjourned at 8:45p.m. * ***** Rosy Doud Assistant to the Village Planner