Zoning Board of Appeals

Board of Appeals March 10, 2021 83 BOARD OF APPEALS RUTHERFORD HALL VILLAGE HALL SCARSDALE, NY March 10, 2021 A regular meeting ofthe Board of Appeals of the Village of Scarsdale was held in via Zoom videoconference, on Wednesday, March 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, and Village Planner, Greg Cutler. * ** * * * The Chair said good evening. Welcome to the March 10,2021 Zoning Board of Appeals meeting, which is being conducted by Zoom Videoconference, pursuant to the Governor's Executive Order 202. Instructions for joining the meeting and accessing the application materials are available at www.scarsdale.com on the Calendar page under the Zoning Board of Appeals Meeting. Members of the public can view this meeting live and provide comments as directed. As we begin this evening's meeting I'd like to take a few moments of your time to explain 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 11--~\--W-O f"'l-:i:IDPOSition to the application. When I ask for public comment, please click "Raise Hand" or ... ~ 2 d'fal *9 to participate by phone. ~ &~ Q -~~ c ; After all ofthe evening's hearings, the Board will deliberate. Deliberations are open ....~ _. s ~ ' ~ ~ t the public. At the conclusion of deliberations on each application, the Board attempts to ~ S ; r~ach a consensus. For an application to be granted, at least three of the Board's five members LU ~ pust vote in favor of that application. The Board's decision is memorialized in a written u g: ~ esolution. The resolutions are filed at Village Hall and are available to the public. "' ~ <( <{ a :QShould you decide to leave the meeting before the vote, you may obtain the Board's l5 ! decision by calling the Planning Department at Village Hall tommTow at 722-1131. Also, Ul t tomonow the decisions will be posted on the web at www.scarsdale.com in the Agenda ------~l 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 Board of Appeals March 10 , 20 21 84 VILLAGE OF SCARSDALE I. 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 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 Tonence Place, identified on the Village tax map as Sec. 14 Blk. 1 Lot 7B. 3. The application ofEJK 4 Kingston LLC for a Special Use Permit, pursuant to Chapter 310-88 ofthe Village Code, to construct a swimming pool at 4 Kingston Road, identified on the Village tax map as Sec. 5, Blk. 8, Lot 17. 4. The application of Eric Coburn for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 33 Murray Hill Road, identified on the Village tax map as Sec. 14 Blk. 04 Lot 05. 5. The application ofRaj Mirchandani for a Variance from Chapter 310-22 of the Village Code, to construct a roof structme for a patio at 7 Shaw Road, identified on the Village tax map as Sec. 13 Blk. 1 Lot 9. 6. The application of Neil and Melissa Roth for a Variance from Chapter 310-47 and a Special Use Permit, pmsuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 45 Ogden Road, identified on the Village tax map as Sec. 4 Blk. 4 Lot 582. 7. The application of Jay Peltz for a Special Use Permit, pmsuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 23 Park Road, identified on the Village tax map as Sec. 15 Blk. 4 Lot 13. 8. The application ofRichbell Close LLC for a Special Use Permit, pursuant to Chapter 310- 88 of the Village Code, to construct a swimming pool at 4 Richbell Close, identified on the Village tax map as Sec. 14 Blk. 5 Lot 19b. 9. The application of Leonard and Zoya Lipsky for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 2A Normandy Lane, identified on the Village tax map as Sec. 24 Blk. 1 Lot 11 . 10. The application of 35 Brookby Holding LLC for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 33 Brookby Road, identified on the Village tax map as Sec. 18 Blk. 1 Lot 46e. 11. The application of Adam Smith and Adam Solomon for a Special Use Permit, pmsuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 4 Seneca Road, identified on the Village tax map as Sec. 17 Blk. 1 Lot 337. Board of Appeals March 10, 2021 85 12. The application of Matthew Miller for a Variance from Chapter 310-47 and a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 8 Roosevelt Place, identified on the Village tax map as Sec. 11 Blk. 4 Lot 24Bl. Members of the public wishing to present comments may do so online by accessing the meeting at https://scarsdale.zoom.us/s/92090704423 or by calling 1-929-436-2866 and entering the meeting ID: 920 9070 4423. Copies of the above applications may be viewed by interested pmiies at this Dropbox link: https://www.dropbox.com/sh/8s9atrol4lpl 07f/AADg3Ln 1-JhT 1Rmv IJm2XJj ua?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 February 23, 2021. Gregory Cutler, AICP, Village Planner. ****** 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. Tiangying Xu, listing agent, was present. Ms. Yang said they would add a swimming pool on site of the property. She said the existing patio will be redone to meet zoning requirements. They have revised plans for the fence to enclosing the pool to be chain-link with a gate. The Chair explained guidelines stipulating that there be 5 ft. tall screening so that the property cannot be seen from neighboring propetiies. The plan shows screening on the property line and screening nearer to the pool. He asked which will provide screening. Ms. Yang explained the trees on the property line are over 20 ft. tall and completely block the view from the neighbor. She said the pool is also in the backyard and not visible from the front, and there are big trees in the backyard of the property. The Chair explained that there are spaces between large trees in the plan. He asked if there will be gaps between the trees or if it will provide a continuous screen. Ms. Yang said the trees are close together and will provide a continuous screen. Board of Appeals March 1 0 , 2021 86 Mr. Gans said that on the plan detail page, there is an indication for 5 ft. high emerald green arborvitae surrounding most of the pool. Ms. Yang said they are planning to plant 12 ft. trees. Mr. Cutler said that in his discussions with the Landscape Architect, he understands they are meeting the screening requirement with the trees closer to the pool. He said he believes the plan shows a fill rather than individual trees, but he asks that the applicant confirm this. Ms. Yang explained that the architect is not pati of the meeting but that she believes Mr. Cutler is correct. The Chair asked if there is a reason why the architect is not able to join the meetings. Ms. Yang said that she is working in Queens and never joins any meeting after 7. Mr. Meisel man said that it is difficult to make a judgement without knowing the real intent of the plan. It is unclear if he is looking at staggered trees, and in the back, there are gaps. Ms. Yang said that there are no gaps, which can be seen upon visiting the property. Ms. Yang asked if she should call the architect. The Chair proposed pausing the meeting and moving on with the idea that if the architect calls soon, they can reconvene the meeting and hear from her. Ms. Su, the landscape architect, joined the call. The Chair asked which level of screening will meet the requirement. Ms. Su answered that the plants near the pool will provide total screening. Ms. Cooper asked approximately how many trees will be planted around the pool. Ms. Yang said they would use however many trees are needed to screen the pool. No members of the Board desired to speak, and with no comment from the audience, the Chair ended the discussion on the application. ****** CASE # 13 OF 2021 2. 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. Chuck Willette, architect, was present. Bo ard of Appe als Mar c h 10, 2 02 1 87 Mr. Willette presented the plan. He said it includes the addition of fencing and increased screening where board had previously noted gaps. He said the number of trees has increased significantly. The Chair asked Mr. Willette to clarify where the pool enclosure is and what materials are used. Mr. Willette indicated where the fencing was on the map and explained what materials were used. No members of the Board desired to speak, and with no comment from the audience, the Chair ended the discussion on the application. ****** CASE #42 OF 2020 3. The application ofEJK 4 Kingston LLC for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 4 Kingston Road, identified on the Village tax map as Sec. 5, Blk. 8, Lot 17 will be held over to the April meeting at the request of the applicant. ****** CASE # 14 OF 2021 4. The application of Eric Coburn for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 33 Murray Hill Road, identified on the Village tax map as Sec. 14 Blk. 04 Lot 05. Mr. Robert Sherwood, landscape architect, was present. Mr. Sherwood presented a proposal for a 20x40 ft. swimming pool in the rear yard and an associated tenace. He said they meet all the setback, lot, and fencing requirements. While there are existing trees, they will add in more trees to meet the requirement. He said there was a comment on existing drainage, which they will likely augment. The Chair asked if all screening is on the client's property. Mr. Sherwood said yes. The Chair asked if there is anything in the plan to ensure that the trees have to be placed to provide complete screening. Mr. Sherwood said there are more than enough plants in the list to satisfy the requirement, and he would be happy to add a note that it will meet the screening requirement. The Chair asked what the plans are with respect to the pool equipment. Mr. Sherwood said that the pool equipment is behind the garage and he is proposing a 5 ft. high fence to screen it until it meets with the elevated deck. Mr. Meisel man asked if the architect would feel uncomfortable with additions that would make it appear more definitively that the screening was continuous all around. Mr. Sherwood said no, he would not be uncomfortable. Board of Appeals March 10 , 2021 88 The Chair asked if there would be hardship to being held over to the next meeting. Mr. Sherwood said that only the clients wanting to have the pool constructed for this year, and he assures that the project will meet the screening requirements. Mr. Cutler noted that the Board did not receive the plan shown in the presentation, and that the one they got was cut off. He requested that this plan be submitted. Mr. Sherwood said that he will submit it. No members of the Board desired to speak, and with no comment from the audience, the Chair ended the discussion on the application. ****** CASE #15 OF 2021 5. The application of Raj Mirchandani for a Variance from Chapter 310-22 of the Village Code, to construct a roof structure for a patio at 7 Shaw Road, identified on the Village tax map as Sec. 13 Blk. 1 Lot 9. Mr. Sid Schlomann, Landscape Architect, was present. Mr. Schlomann presented the application to complete two roof structures over the existing patio. He said both structures are fully within the setback. The rectangular structure is full y on the existing patio, and the hexagon structure will add some additional stone patio with it. The lot coverage is zoning compliant, the setbacks are zoning compliant, and the FAR is zoning compliant. He said we are over the limit on building coverage, which is anything with a roof on it, so the total additional roof square footage is 43 3 square feet resulting in a 429 square foot variance, or 7% variance. Both structures are shielded from neighbors, so they are not impacting anybody's views, and the property is already screened. He said he spoke to neighbors who are OK with the variance. The Chair asked when the last time they added building coverage was. Mr. Schlomann answered that the house was renovated in 2013. Mr. Meiselman asked about work being done now. Mr. Schlomann answered that there is a second story addition, so it does not add any building coverage or lot coverage. Mr. Gans asked if a pergola counts as building coverage. Mr. Schlomann answers that it does not, as it does not have a solid roof Mr. Gans asked if slats that can open and close would count as building coverage. The Chair answered that in his time, they have never considered this question. Ms. Cooper asked if they have considered a retractable awning to minimize the request. Mr. Schlomann said no because the intent is to have rain, sun, and snow coverage, a ceiling fan, and heaters, and to make the space functional for the family on the existing patio. The Chair asked if they have considered screening it with wire screens. Mr. Schlomann answered no. Bo a r d of Appea ls March 10 , 2 02 1 89 Ms. Cooper asked if the rectangular or pool bar is more important. Mr. Schlomann said that they are hoping to get both approved because it is not impeding on any neighbors, it is not visible from the front, and it is not affecting drainage or sunlight. Mr. Gans said that there are many other options such as umbrellas and pergolas and asks if they have been considered. Mr. Schlomann answered that the owners are hoping for a petmanent structure. He understands the concern but feels the request is within reason. He said they have talked about other options, but he feels they would detract from the character on the house. The Chair asked if the client would be amenable to a condition that it cannot be closed with screens or walls at a later date. Mr. Schlomann said yes. Ms. Cooper asked about the square footage of the house. Mr. Schlomann said it is 12,000 sq. ft. No members of the Board desired to speak, and with no comment from the audience, the Chair ended the discussion on the application. ****** CASE #16 OF 2021 6. The application of Neil and Melissa Roth for a Variance from Chapter 310-4 7 and a Special Use Petmit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 45 Ogden Road, identified on the Village tax map as Sec. 4 Blk. 4 Lot 582. Mr. Daniel Sherman, Landscape Architect, was present. Mr. Sherman said he is requesting a special use permit for a pool and a side yard variance. It is a small pool in a small space, and they have met the 30' setback, but this corner lot requires a 40' side yard setback. He said we have met the lot coverage. We will meet the screening code. The pool filter meets the requirements. The other side of the property is larger, but the driveway, utilities, and retaining walls make it impossible to build there. Mr. Meiselman asked if they considered the area behind the garage. Mr. Sherman said that it would not comply with the required 30' setback Mr. Gans asked if it could be on the west side with the removal ofthe driveway. Mr. Sherman said that the ground conditions would make that impossible because it is all rock. The Chair asked if they need additional variances for the pool equipment and what the required setback is. Mr. Sherman said there is another location the pool equipment could go, but it would not be preferable. Ms. Cooper asked if they are removing the built-in barbeque. Mr. Sherman said yes. Ms. Cooper asked if the barbeque is far enough from the property line. Mr. Sherman said yes, they measured it carefully in autoCAD. Mr. Cutler confirmed that the setback for the equipment is 20 ft. Board of Appeals March 10 , 2021 90 Ms. Cooper asked for clarification on the screening. Mr. Sherman answered that they are adding screening when it is not on their property line, and there is a continuous screen in other places. Ms. Cooper said that based on her site visit, there are gaps in other locations. Mr. Sherman said that they will add trees if there are gaps. Ms. Cooper asked if the pool is 10 ft. or 12 ft. by 22 ft. Mr. Sherman said the pool 10 by 22. No members of the Board desired to speak, and with no comment from the audience, the Chair ended the discussion on the application. *** ** CASE #17 OF 2021 7. The application of Jay Peltz for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 23 Park Road, identified on the Village tax map as Sec. 15 Blk. 4 Lot 13. Mr. Greg Caccioppoli and Mr. Eliot Senor, engineers, were present. Mr. Caccioppoli presented an application for a SUP for a swimming pool. He said side yard setback have been moved from 40-50 ft. The board had concerns about rock in the area of the poo l, but there is minimal to no rock excavation (12" at most, which can be removed with hand tools). He said we changed the fence enclosing the property to a black chain-link fence . We have green arborvitae enclosing the pool. Pool equipment is accessible. The setback for the stormwater erosion control is 10 ft. off the structures. The Chair asked where they are placing the walls and how high they will be. Mr. Caccioppoli showed the location of the walls on the plan. The Chair asked if the pool is above grade. Mr. Caccioppoli answered that the pool is about 5 ft. above grade. Mr. Senor explained that there is no flat area in the yard. He said the pool is at grade at parts and above grade at others. The walls are being built so that they will not impact the rock with the pool construction. The Chair asked if the walls need to be reviewed by the Board of Architecture Review and if they have been before it yet. Mr. Diodati answered that the walls do if they exceed 24 inches of height, and they have not been before the BAR yet. The Chair asked how the pool equipment screening will work. Mr. Caccioppoli said it will be fenced in, and they can put in additional planting. The Chair asked if they want to amend their plan to add green screening around the pool equipment except for the gate. Mr. Senor said yes. The Chair asked if the pool screening will be added or if they are relying on screening around the road. Mr. Senor said that they will add pool screening. Board of Appeal s March 10 , 202 1 91 Audience member Alon Amidor, the builder on 17 Oxford, said he does not think 20 arborvitaes will be sufficient to screen such a big area. The arborvitaes are planted on the second tier of the retaining wall, which are 6 ft. down from the elevation of the pooL He said he would like them to consider bringing the trees on top of the retaining wall to provide more screening and beef up the screening in the back toward Oxford. Mr. Senor responded that the trees will screen the pool. They will move some of the trees to the upper level. He said the number of trees depicted are not necessarily the size and scale. The Chair said moving the arborvitaes to the top would require a new landscape plan. He asked if they want to amend their plan to move the trees. Mr. Senor said ifthey can get an approval tonight, they will add another row of trees to the top of the wall. No members of the Board desired to speak, and with no comment from the audience, the Chair ended the discussion on the application. ** *** CASE # 18 OF 2021 8. The application ofRichbell Close LLC for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 4 Richbell Close, identified on the Village tax map as Sec. 14 Blk. 5 Lot 19b. Daniel Sherman, Landscape Architect, was present. Mr. Sherman presented a request for a special use permit for a pool. He said it meets the 30ft. setback and lot coverage requirements. The pool equipment is fenced and hedged. On the side, they already planted arborvitaes, but half are on the property, and the other half are not. He said they have added additional arborvitaes to fill in the gaps. There is also fencing included across the front with a holly hedge. No members of the Board desired to speak, and with no comment from the audience, the Chair ended the discussion on the application. ** ** * CASE #19 OF 2021 9. The application of Leonard and Zoya Lipsky for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 2A Normandy Lane, identified on the Village tax map as Sec. 24 Blk. 1 Lot 11. Bana Choura, Architect, was present. Ms. Choura presented an application for a pool. She said the minimum setback is met. She is proposing screening only around the house and 31 6-8 ft . tall green giants and hollies around the pool equipment and comer of the house. Board of Appeals March 10 , 2021 92 The Chair asked if the plants showed are new additions. Ms. Choura said yes. The Chair asked if there will be gaps in the screening. Ms. Choura said the plantings will be very dense, and there are currently a lot of other trees on the property. The Chair asked ifthe Not1hwest comer with existing h·ees will provide sufficient screening. Ms. Choura answered that the gaps will be filled. No members of the Board desired to speak, and with no comment from the audience, the Chair ended the discussion on the application. ***** CASE #20 OF 2021 9 The application of 35 Brookby Holding LLC for a Special Use Permit, pursuant to Chapter 310-88 ofthe Village Code, to construct a swimming pool at 33 Brookby Road, identified on the Village tax map as Sec. 18 Blk. 1 Lot 46e. Bana Choura, Architect, was present. Ms. Choura presented a pool application that has previously been seen with a changed orientation of the pool to be perpendicular rather than parallel to the house. She said nothing else has changed. The Chair asked if this is a new application. Ms. Choura confirmed that although it is the same plan apart from the orientation, it is a new application. Ms. Cooper asked about the addition of patio. Ms. Choura said that she changed the driveway to gravel to compensate for the impervious patio. She confirmed that they are at the maximum coverage of7,707. Ms. Cooper asked why the pool is being re-oriented. Ms. Choura said that it is because the purchaser of the house prefers it that way. No members of the Board desired to speak, and with no comment from the audience, the Chair ended the discussion on the application. ***** CASE #2 1 OF 2021 9. The application of Adam Smith and Adam Solomon for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 4 Seneca Road, identified on the Village tax map as Sec. 17 Bile 1 Lot 337. Kristen Motel, Attorney, Adam Solomon, applicant, Jeremy Renata, project engineer, and Frank Giuliano, Landscape Architect, were present. Board of Appeals March 10 , 2021 93 Ms. Motel presented the application for a Special Use Permit for in-ground pool. She said they believe the requirements are met, it is consistent with neighborhood character, there is existing vegetation to screen the pool, and they are proposing to add new plantings to further screen the pool. The pool will be screened in by a fence and will meet all the safety requirements. The applicants are proposing to remove the driveway and replace it with a pervious material. Mr. Giuliano showed plans for a 25x40 ft. pool with a 1Oxl 0 ft. patio. He said there is also an existing wood deck by the pool. The site is level and almost completely screened because the previous owner and builder planned to build a pool. He said there is a variance because of the floodplain. The pool will be screened by a mix of arborvitaes and spruces. He said they are proposing additional arborvitaes because some of the existing trees are off the property line. The pool meets all setback requirements. The drainage plan was submitted to engineering depat1ment. The fencing is in place. The Chair asked if the lot coverage will be less than it is now and if that means that there is no variance request needed. Mr. Giuliano answered that there will be less coverage, and Mr. Cutler confirmed that there is no variance needed since the lot coverage is decreased. Ms. Cooper noted that on her site visit, the ground was vety wet. She asked if there is an existing SWEC. Mr. Giuliano answered that there is, but the ground has settled since the construction, so there is a new SWEC system being installed to make up the difference. He said that part of the mud issue is that the ground is frozen, so the water cannot permeate. Ms. Cooper asked if the drainage will be improved, and Mr. Giuliano said yes. Ms. Cooper asked if any portion of the project is in the floodplain. Mr. Giuliano answered that there is a floodplain line that goes through the rear of the property, but a pool is allowed in a floodplain does not change the grade of the property. Ms. Cooper asked if there are wetlands. Ms. Motel answered that they submitted an evaluation from Beth Evans, a wetlands consultant, that determined that there were no wetlands in the rear of the lot. A letter from her is included in the application materials. Ms. Cooper noted that the letter is from 2013, and Ms. Motel said that there has not been a change in that time to warrant a new study. Ms. Cooper asked how long the applicant has owned the home. Mr. Giuliano answered that they have owned it 3 years. Ms. Cooper asked if they are relying on a prior variance, and Ms. Motel answered that there is one from 2003, and in 2014 there was a resolution recognizing the variance in 2003 for an addition to the house that was not constructed. Ms. Millen asked if the variance had been because of the floodplain, and Ms. Motel said yes. Ms. Miller said that the area flooded in 2007 and asked if they are using information from 2003. Mr. Giuliano said that they have included a survey using the cwTent FEMA standards. He said it was approved by David Gossel. Ms. Cooper asked staff if Scarsdale allows pools to be built in floodplains, and Mr. Diodatti explained that if the grading does not make the flooding worse, a pool can be put in. He also added that Scarsdale has done major improvements in the area in response to the flooding in 2007. When you take that into account and the fact that it has been run by the village engineer, it is a permitted use. Bo a r d of Ap peals Ma rch 1 0 , 2021 94 Mr. Gans said he does not think that SWEC is in the ZBA's jurisdiction and that they must rely on their village engineer's determination. Daniel Pozin agreed and stated that he does not think there is a difference of opinion among professionals. Mr. Cutler said that he understands that the 2014 decision does not rely on the 2003 variance. In the time, they reduced the lot coverage, and with this application, they are reducing the coverage even further. Mr. Douglas Ulene, audience member, said that he disagrees with the 2014 approval and is concerned about flooding. He supports the project but asks that, when the pool is closed dming the off season and winter, it be pumped down, and if a major storm is expected, that the homeowner be required to pump out some water in advance of the storm. The Chair said that to his recollection the Board has never put a pumping down requirement into its approval resolutions before. Mr. Solomon responded that the photo shown of flooding is from 2007, and there have been many changes made since then. He said he is happy to make accommodations if they are within reason. Mr. Ulene said that many years ago, Fenway Golf Club had a condition that they had to pump down a pond as a condition for approval. Mr. Renate added that they have shown there is no reduction in the capacity of the floodplain, and they are increasing the capacity by about 2,000 gallons. Ms. Motel asked that there not be pump down requirements. No members of the Board desired to speak, and with no comment from the audience, the Chair ended the discussion on the application. ***** CASE #22 OF 2021 9. The application of Matthew Miller for a Variance from Chapter 310-47 and a Special Use Permit, pmsuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 8 Roosevelt Place, identified on the Village tax map as Sec. 11 Blk. 4 Lot 24B 1. Matthew Miller, applicant, and Eliot Senior, engineer, were present. Mr. Miller said that he subdivided the property in 2002 into 2.5 building lots each. There were no additional curb cuts on Post Road. They are asking for a variance because on paper, the frontage is on Route 22, but it is functionally the back yard . He said the buyers do not want the property without a pool, and he originally subdivided the property with the intent to install a pool. The Chair asked Mr. Miller if he is applying both for the variance and the special use permit today. Mr. Miller confirmed that he is applying for both, and he has sold the house with the condition that he will add a pool. Board of Appeals March 10 , 2 021 95 The Chair asked Mr. Senor to explain the pool fence. Mr. Senor explained that is a black viny 1 fence and showed where it is on the plan. He said there is some existing fence, but they are also proposing new fencing. The Chair asked if the landscaping are new plantings. Mr. Senor said that they are new plantings. Mr. Miller said that he has existing trees, but new plantings will be added if needed. The Chair said that the existing trees look aged and thin. The Chair asked if there are any retaining walls. Mr. Senor said no. Ms. Cooper asked if they are replacing the existing wood fence on the rear of the property. Mr. Miller said that it is being repaired, and there will be an additional fence on the side of it. Mr. Gans asked why the frontage is on Post Road. Mr. Miller said that he did not want to add more curb cuts when he subdivided the property. Mr. Gans asked if the plan could have been approved if the front was on Roosevelt. Mr. Senor said that this house owns the frontage on Roosevelt, but it is only 13 ft. wide. Subdivisions need 25 ft. of frontage, so they counted the frontage on Post Road as the legal frontage. No members of the Board desired to speak, and with no comment from the audience, the Chair ended the discussion on the application. ***** Board of Appeals March 10, 2021 96 CASE #32 OF 2020 1. Cloudstone Consulting LLC 28 Garden Road Sec. 16, Blk. 1, Lot 21A2 Special Use Permit 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, unanimously adopted the following resolution: WHEREAS: The Board has considered the subject application pursuant to the State Enviromnental Quality Review Act and Chapter 152 of the 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 listed in the Assessor's records as 1.52 acres; and WHEREAS: The property is improved with a home built in 1926 and further improved with an addition completed in 2018; and WHEREAS: Chapter 310-88(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 application appeared before the Board of Appeals on October 14, 2020, November 4, 2020, December 9, 2020, January 13,2021 , February 10,202 1, and March 10, 2021; 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 ofCloudstone Consulting LLC, Case #32 of2020, for a Board of Appeals March 1 0 , 2021 97 Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 28 Garden Road, as shown on the Site Plan dated revised February 9, 2021, be approved based on the following findings and conditions: 1. The proposed swimming pool is consistent with the public healt~ safety, morals and general welfare ofthe 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 fi·om 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 Pe1mit. 10. The applicant shall submit an "as built" survey and certified lot coverage Board of Appeals March 10, 202 1 98 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 Cettificate 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 of 24 months from the date of this resolution shall cause the Special Use Permit to become null and void. ****** Board of Appeals March 10, 2021 99 CASE #13 OF 2021 2. Beth Zadek and Joph Steckel 3 TmTence 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 of the Village Code, to construct a swimming pool at 3 Torrence Place 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 of the 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-2a (15,000 sq. ft.) zoning district and is listed in the Assessor's records as 1.05 acres or 45,863 sq. ft.; and WHEREAS: The property is improved with a home built in 1927; 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 ofBeth Zadek and Joph Steckel, Case # 13 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 3 Torrence Place, as shown on the Site Plan dated revised February 18, 2021 , be approved based on the following findings and conditions: Board of Appeals March 10 , 2021 100 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 fi lter 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 ensure 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, fencing and the as-built lot coverage. 11. The swimming pool shall be completed within 24 months and shall not be Boar d of App e a ls March 10 , 20 2 1 101 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. ****** Bo ard of Appeals Ma r c h 10 , 2 0 2 1 102 CASE #42 OF 2020 3. EJK 4 Kingston LLC 4 Kingston Road Sec. 5, Bile 8, Lot 17 Special Use Permit to construct a swimming pool The Board considered the application ofEJK 4 Kingston LLC, Case #42 of2020, for a Special Use Permit, pursuant to Chapter 310-88 ofthe Village Code, to construct a swimming pool at 4 Kingston Road, and, upon motion duly made and seconded, unanimously held the matter over to the April 14, 2021 meeting for the following reason: 1. The applicant has requested adjournment in order to provide revised plans in advance of the meeting. ****** CASE # 14 OF 2021 4. Eric Coburn 33 Murray Hill Road Sec.S, Blk. 8, Lot 17 Special Use Petmit to construct a swimming pool The Board considered the application of Eric Coburn, Case # 14 of 2021 , for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 33 Murray Hill Road, and, upon motion duly made and seconded, unanimously held the matter over to the April 14, 2021 meeting for the following reasons: 1. To provide the applicant an opportunity to explain why screening around the pool equipment pad is not needed. 2. Provide the Board of Appeals the time necessary to review the final plan. Board of Appeals March 1 0 , 2021 103 CASE #15 OF 2021 5. Raj Mirchandani 7 Shaw Road Sec. 13, Blk. 1, Lot 9 Special Use Pe1mit to construct a swimming pool The Board considered the application of Raj Mirchandani, Case #15 of2021 , for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 7 Shaw Road, and, upon motion duly made and seconded, unanimously held the matter over to the April 14, 2021 meeting for the following reason: 1. Provide the applicant an opportunity to reduce the variance request and to research alternatives. ****** Board of Appeals March 10 , 202 1 104 CASE #16 OF 2021 6. Neil and Melissa Roth 45 Ogden Road Sec. 4, Blk. 4, Lot 582 Special Use Permit and Side Yard Setback Variance to construct a swimming pool The Board considered the application ofNeil and Melissa Roth, Case # 16 of202 1, for a Variance and Special Use Permit, pursuant to Chapter 310-88 ofthe Village Code, to construct a swimming pool at 45 Ogden 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 ofthe site and evaluation of the information submitted with the application, the Board determined that such application, the construction of minor accessory sh·uctures (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, located in the A-2 (20,000 sq. ft.) zoning district, is shown in the Assessor's records as .64 acres and 28,343 sq. ft. on the lot coverage form ; and WHEREAS: The property is improved with a home built in 1936 with a second stmy addition built in 2013; and WHEREAS: Chapter 310-88(A) of the Village Code authorizes the Board of Appeals to consider Special Use Permits for the construction of swimming pools; and WHEREAS: Chapter 310-47 of the Village Code regulates setbacks for 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 prope1iy 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 WHEREAS: The Board members considered the criteria for granting area variances pursuant to New York State Village Law Section 7-7 12 (b) and conducted the Board of Appeals March 10 , 2 021 105 appropriate balancing test as required therein, weighing the benefit to the applicant against the detriment to the neighborhood or the community; now therefore be it RESOLVED: That the application ofNei1 and Melissa Roth, Case # 16 of202 1, for a variance from Chapter 310-4 7 of the Village code to encroach on the 40 foot corner lot setback by 10 feet, located at 45 Ogden Road, as shown on the Site Plan dated February 9, 2021, be approved based on the following findings and conditions: Variance Findings: 1. The proposed pool will be in character with the neighborhood and will not create an undesirable change to the neighborhood. 2. The benefit sought by the applicant cannot be achieved by another feasible method. 3. While the numerical size of the variance is substantial the applicant has made a material effort to reduce the size of the variance. 4. The requested variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood and may improve environmental conditions. 5. The applicant is seeking to construct a pool which is self-created but the restrictive conditions on the site are not self-created. RESOLVED: That the application of Neil and Melissa Roth, Case # 16 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 45 Ogden Road, as shown on the Site Plan dated February 9, 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 Board of Appeals March 10, 2 0 21 106 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 ftlter 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 ensure 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 faci lities. 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 Pennit. I 0. 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. 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 of 24 months from the date of this resolution shall cause the Special Use Permit to become null and void. ****** Board of Appeals March 10, 2021 107 CASE #17 OF 2021 7. Jay Peltz 23 Park Road Sec. 15, Blk. 4, Lot 13 Special Use Permit to construct a swimming pool The Board considered the application of Jay Peltz, Case #17 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 23 Park 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 of the Village Code; now therefore be it RESOLVED: That after careful examination ofthe site and evaluation ofthe 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, located in the A-1 (1 acre) zoning district, is shown in the Assessor's records as 1 acre and 44,494 sq. ft. on the lot coverage form; and WHEREAS: The property is improved with a home built in 1914 with additions and alterations built in 1997 and 200 I; 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 with evergreen trees on both tiers ofthe proposed retaining walls; 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 of Jay Peltz, Case # 17 of2021 , for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 23 Park Road, as shown on the Pool and Landscape Plan dated January 7, 2021 , be approved based on the following findings and conditions: Board of Appeals Ma rch 10 , 2021 108 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 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. 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 ce1tified 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 Bo a rd of Appeals Ma r c h 10 , 202 1 109 used prior to the issuance of a Certificate of Occupancy. 12. The Ce1iificate 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. 14. The applicant must plant a matching second row of arborvitae on the lower tier of the retaining wall. ****** Board o f Appeals March 10, 2021 110 CASE # 18 OF 2021 8. Richbell Close LLC 4 Richbell Close Sec. 14, Blk. 5, Lot 19b Special Use Permit to construct a swimming pool The Board considered the application ofRichbell Close LLC, Case #18 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 4 Richbell Close, 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, located in the A-1 ( 1 acre) zoning district, is shown in the Assessor's records as .78 acres and 34,049 sq. ft. on the lot coverage form; and WHEREAS: The property is improved with a home built in 1929 with an addition built in 20 17;and WHEREAS: The prope1ty also received Board of Architectural Review approval in 2017 to construct retaining walls in the rear; 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 Board members have visited the site and are familiar with the materials in the application; now therefore be it RESOLVED: That the application ofRichbell Close LLC, Case #18 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 4 Richbell Close, as shown on the Site Plan dated February 9, 2021, be approved based on the following fmdings and conditions: Board of Appeals March 10 , 2021 111 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 assme that these features be installed and maintained on the applicant's property as long as said pool is in existence. 4. A 24-hom 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 ensure 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 measmes 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 Ce1iificate 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 Board of Appeals March 10 , 2021 112 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 Appeals March 10 , 2021 113 CASE #19 OF 2021 9. Leonard and Zoya Lipsky 2A Normandy Lane Sec. 24, Blk. 1, Lot 11 Special Use Permit to construct a swimming pool The Board considered the application of Leonard and Zoya Lipsky, Case # 19 of 2021 , for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 2A Normandy 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, located in the A-2 (20,000 sq. ft.) zoning district, is shown in the Assessor's records as 1.3 acres and 53,634 sq. ft. on the lot coverage form; and WHEREAS: The property is improved with a horne built in 1961; and WHEREAS: The property received approval by the Board of Architectural Review on the October 5, 2020, to construct a second story addition for bedrooms and a one story addition for garages; 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 Board members have visited the site and are familiar with the materials in the application; now therefore be it RESOLVED: That the application of Leonard and Zoya Lipsky, Case #1 9 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 2A Normandy Lane, as shown on the Site Plan dated February 9, 2021 , be approved based on the following findings and conditions: Board of Ap peals Ma r c h 1 0, 2 02 1 114 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 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 faci lities. 9. A Stormwater Management and Erosion Contro l 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. 11. The swimming pool shall be completed within 24 months and shall not be Board o f Appeals Mar c h 10 , 2021 115 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 of 24 months from the date of this resolution shall cause the Special Use Permit to become null and void. ****** Board of Appeals March 10 , 2021 116 CASE #20 OF 2021 10. 33 Brookby LLC 33 Brookby Road Sec. 24, Blk. 1, Lot 11 Special Use Permit to construct a swimming pool The Board considered the application of33 Brookby LLC, Case #20 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 33 Brookby 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 ofthe site and evaluation ofthe 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, located in the A-2 (20,000 sq. ft.) zoning district, is shown in the Assessor's records as .65 acres and 28,332 sq. ft. on the lot coverage form; and WHEREAS: The southern portion of the property is located within the 1% annual chance special flood hazard area; and WHEREAS: The property was created as prut of a subdivision that was approved by the Planning Board on January 27, 2016; and WHEREAS : A new home is presently under construction; and WHEREAS: The property received approval by the Board of Appeals for a swimming pool on January 13, 2021 and is proposing to modify the location of the pool and the size of the patio in this application; 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 Board members have visited the site and are familiar with the materials in the application; now therefore be it Bo ard o f Appeals Marc h 10 , 2021 117 RESOLVED: That the application of of33 Brookby LLC, Case #20 of2021 , for a Special Use Permit, pursuant to Chapter 310-88 ofthe Village Code, to construct a swimming pool at 33 Brookby Road, as shown on the Site Plan & Zoning Analysis dated revised February 9, 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 ofthe 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, confmming to the requirements of the Scarsdale Village Code, shall be installed and maintained. Measures must be taken to ensure 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 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. 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 Perrnit. Board of Appeals March 10, 202 1 118 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. 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 Appeals March 10 , 2021 119 CASE #21 OF 2021 11. Adam Smith and Adam Solomon 4 Seneca Road Sec. 17, Blk. 1,Lot337 Special Use Permit to construct a swimming pool The Board considered the application of Adam Smith and Adam Solomon, Case #21 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 4 Seneca 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 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, located in the A-2 (20,000 sq. ft.) zoning district, is shown in the Assessor' s records as .54 acres and 23,717 sq. ft. on the lot coverage fmm; and WHEREAS: The majority of the propet1y is located within the 1% annual chance special flood hazard area; and WHEREAS: The property received lot coverage and FAR variances in 2003 in association with a proposed addition that was not constructed; and WHEREAS: The property received a side yard setback variance for a 2-story addition in 20 141; and WHEREAS: The existing lot coverage is 4,910 square feet and the post-development lot coverage will be 4,888 square feet due to the applicant converting the existing asphalt driveway to gravel; 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 Board members have visited the site and are familiar with the materials in Board of Appeals March 10, 202 1 120 the application; now therefore be it RESOLVED: That the application of Adam Smith and Adam Solomon, Case #2 1 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 4 Seneca Road, as shown on the Master Pool Plan dated February 9, 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 ofthe 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 fi lter 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 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 Boa rd of Appeals March 10 , 202 1 121 Building Pe1mit. 10. The applicant shall submit an "as built" survey and certified lot coverage form to the Buildjng Inspector prior to the issuance of a Ce1tificate 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 Appeals March 10 , 2021 122 CASE #22 OF 2021 12. Matthew Miller 8 Roosevelt Place Sec. 11, Blk. 4, Lot 24b1 Special Use Permit and Variance to construct a swimming pool in the front yard The Board considered the application of Matthew Miller, Case #22 of2021, for a Variance and Special Use Permit, pursuant to Chapter 3 10-88 of the Village Code, to construct a swimming pool at 8 Roosevelt Place, 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 of the 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, located in the A-4 (7,500 sq. ft.) zoning district, is shown in the Assessor's records as .4 acres and 16,000 sq. ft. on the lot coverage form; and WHEREAS: The property is improved with a home built in 2008; and WHEREAS: Chapter 310-88(A) of the Village Code authorizes the Board of Appeals to consider Special Use Permits for the construction of swimming pools; and WHEREAS: Chapter 310-47 of the Village Code regulates the placement of pools in the front yard; 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 fami liar with the materials in the application; now therefore be it WHEREAS: The Board members considered the criteria for granting area variances pursuant to New York State Village Law Section 7-712 (b) and conducted the appropriate balancing test as required therein, weighing the benefit to the Boa r d o f Appeals Ma r c h 10 , 2021 123 applicant against the detriment to the neighborhood or the community; now therefore be it RESOLVED: That the application of Matthew Miller, Case #22 of 2021, for a variance from Chapter 310-47 of the Village code to place the swimming pool in the front yard, located at 8 Roosevelt Place, as shown on the Plan dated February 16, 2021 , be approved based on the following findings and conditions: Variance Findings: 1. The proposed pool location will be in character with the neighborhood and will not create an undesirable change to the neighborhood. 2. The benefit sought by the applicant cannot be achieved by another feasible method. 3. Although the size of the variance is substantial, this is mitigated because the front yard is functionally the back yard. 4. The requested variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood and may improve environmental conditions. 5. The applicant is seeking to construct a pool which is self-created but on balance does not preclude the granting of the area variance. RESOLVED: That the application of Matthew Miller, Case #22 of2021, for a Variance and Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 8 Roosevelt Place, as shown on the Plan dated February 16, 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 ofthe 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 Board of Appeals March 10 , 2021 124 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 prope1ty 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 ensure 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 Ce1iificate 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 Ce1iificate 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 Appeals March 10 , 2021 125 Upon motion duly made and seconded, the minutes ofthe March 10,202 1 meeting were approved as amended. ****** The Chair announced that the next meeting of the Board of Appeals would be held on Wednesday, April14, 2021, at 7 p.m. ****** The meeting was adjourned at 12 am. *** *** ;osy(f;0: Assistant to the Village Planner