Zoning Board of Appeals

~oara o f Appeals May 12 , 2021 158 RECEIVED BOARD OF APPEALS JUN 1 0 2021 RUTHERFORD HALL S ARSDALE VILLAGE CLERK VILLAGE HALL SC RSDALE, NEW YORK 10583 SCARSDALE, NY May 12,2021 A regular meeting ofthe Board of Appeals ofthe Village of Scarsdale was held in via Zoom videoconference, on Wednesday, May 12, 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, Rosy Doud. * ** * * * The Chair called the May 12, 2021 Board of Appeals meeting to order at 7:05. He said welcome to the May 12, 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 opposition 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 the Planning Department 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 ofthe Board: LEGAL NOTICE PUBLIC HEARING Bo a r d of Appeals May 12, 2021 159 BOARD OF APPEALS VILLAGE OF SCARSDALE NOTICE IS HEREBY GIVEN that a Public Hearing will be held by remotely by the Board of Appeals of the Village of Scarsdale via Zoom videoconference, pursuant to Executive Order 202, on Wednesday, May 12, 2021 at 7:00p.m. at which time the Board of Appeals will consider the following: 1. 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. 2. The application ofNathan Eisler for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, and setback Variance requests to construct a swimming pool at 16 Gate House Road, identified on the Village tax map as Sec. 23 Blk. 1 Lot 324. 3. The application of Harry and Kelly Mamaysky for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 6 Mohican Trail, identified on the Village tax map as Sec. 17 Blk. 1 Lot 5g. 4. The application of Christoph Kollatz for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 9 Seneca Road, identified on the Village tax map as Sec. 17 Blk. 1 Lot 328. 5. The application of Tianying Xu for a Variance from Chapter 310-43 to construct a new deck at 38 Aspen Road, identified on the Village tax map as Sec. 19 Blk. 2 Lot 408. 6. The application of24 Meadow Road Realty LLC for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, setback Variance requests, and a building coverage Variance request to construct a swimming pool at 24 Meadow Road, identified on the Village tax map as Sec. 23 Blk. 1 Lot 110. 7. The application ofMartine Jajan 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 19 Berwick Road, identified on the Village tax map as Sec. 4 Blk. 3 Lot 470. 8. The application of Arielle and David Kauvar for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 61 Franklin Road, identified on the Village tax map as Sec. 22 Blk. 21 Lot 2. 9. The application of One Hickory Lane LLC for a Special Use Permit, pursuant to Chapter 31 0-8 8 of the Village Code, to relocate pool equipment to the front yard of 1 Hickory Lane, identified on the Village tax map as Sec. 4 Blk. 8 Lot 610A.l. Board of Appeals May 12 , 2021 160 Members of the public wishing to present comments may do so online by accessing the meeting at https://scarsdale.zoom.us/j/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 parties at this Dropbox link: https://www.dropbox.com/sh/gv9nsbdokwgkad4/ AABQneic8bzd 1mGTyy Yg6AK2a?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 ofthe Board of Appeals, Scarsdale, New York, dated April27, 2021. Gregory Cutler, AICP, Village Planner. ****** CASE #42 of 2020 1. 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 June meeting at the request of the applicant. ****** CASE #25 of 2021 2. The Chair declared the hearing open on the application of Nathan Eisler for a Special Use Permit, pursuant to Chapter 310-88 ofthe Village Code, and setback Variance requests to construct a swimming pool at 16 Gate House Road, identified on the Village tax map as Sec. 23 Blk. 1 Lot 324. Dan Sherman, Landscape Architect, was present. Mr. Sherman said they are returning with a modified application for the pool. They are still requesting rear and side yard variances, but they have reduced the pool size to 12 ft. by 24 ft. They tested different locations for the pool, including the rear yard, but it was only sunny from 11 a.m. to 1:30 p.m. in the rear yard, and the pool had to be located tightly against house to get sun. Mr. Sherman said they are requesting a side yard variance of 5 ft. and a rear yard variance of9.62 ft. Both requests have been reduced from the initial application. He said the filter meets all requirements. The proposed screening is located closer to the pool than it had been in the previous application. Mr. Sherman showed the plan and photos of the backyard demonstrating the amount of sun in the front versus side yards. The Chair thanked Mr. Sherman for being responsive to the Board's requests. Mr. Gans said he agreed with the Chair's comment. Bo ard of Appeals May 1 2 , 2021 161 The Chair asked ifthere 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 #27 of 2021 3. The Chair declared the hearing open on the application of Harry and Kelly Mamaysky for a Special Use Permit, pursuant to Chapter 310-88 ofthe Village Code, to construct a swimming pool at 6 Mohican Trail, identified on the Village tax map as Sec. 17 Blk. 1 Lot 5g. Dan Sherman, Landscape Architect, was present. Mr. Sherman said that the initial application had issues with screening and planting in the easement. They are now proposing screening further from the pool, around the property line, and screening of the wall. They are no longer proposing plantings in the easement. The screening will be a mix of evergreens. The only place they cannot plant is in the easement. The Chair asked Mr. Sherman to explain the proposed fencing to the Board. Mr. Sherman indicated the location of the fencing on the plan. He said there is a 3 ft. retaining wall that wraps around the side of the deck with a 2 ft. seat wall to create a 5 ft. barrier. As the grade slopes up, they are adding a 5 ft. chain link that goes to the South property line and has a gate. There is a 5 ft. chain-link and aluminum picket fence that wraps around the driveway The Chair asked if the fencing would be either aluminum picket or chain-link. Mr. Sherman said yes. The Chair said thank you for being responsive to the questions we asked last months. Mr. Sherman said they included a note that says they will meet the screening requirement. 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 #28 of 2021 4. The Chair declared the hearing open on the application of Christoph Kollatz for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 9 Seneca Road, identified on the Village tax map as Sec. 17 Blk. 1 Lot 328. Cindy True, buyer and contract vendee of 9 Seneca Rd, and Stephen Anderson, engineer, were present. Board of Appeals May 12 , 20 2 1 162 Ms. True said their application was held over at the last meeting. There were questions about landscaping and the positioning of the pool. She said they have redesigned the plan. There is already significant screening, and additional screening is being added at the back of the property and to fill in other gaps. The pool has been rotated 90 degrees to avoid the watercourse buffer. The design meets all setback requirements, and there are no issues with lot coverage. The pool equipment is screened with 5 ft. evergreens. There is a 6ft. privacy fence in the front of the house for safety reasons. There are chain link fences in the side yards. The Chair said he had a few concerns about the fencing. He said one of the materials provided lists a 4ft. x 6ft. fence. He asked if this refers to the spacing between the rails. Ms. True said the panel is 6 ft. and the height is 4 ft. Mr. Diodati said this would not meet the height requirement, as pool fencing must be 5 ft. high. Ms. True says this fence is intended to add protection against the brook, but there is an existing 6 ft. fence at the back of the property. Mr. Diodati asked ifthe 6ft. fence is on the applicant's property. Mr. Anderson said they are proposing a 6 ft. fence. Mr. Diodati asked if the 6 ft. fence is being used as a pool enclosure and the 4 ft. fence is decorative. Mr. Anderson said yes, and there is going to be a new 5 ft. fence along the sides of the property. The Chair asked if there is anywhere that the pool enclosure fence will be 4 ft. high. Mr. Anderson said no. The Chair asked if all the fences they are relying on to meet requirements are located on the applicant's property. Mr. Anderson said yes. The Chair said the 6 ft. solid privacy fence in the side yard is not permitted without a variance. They would be permitted to build a 4 ft. solid fence with an additional 1 ft. lattice without a variance. Ms. True asked if it would be possible to amend the plan to make the privacy fence a compliant 4 ft. solid fence with 1 ft. of lattice. The Chair said this would be acceptable to him, but the Board would have to deliberate. He asked Ms. True if she wanted to amend the plan. Ms. True said yes. The Chair asked the applicant to explain the fencing on the side of the front yard adjacent to Oneida Road. Ms. True said it would match the fencing on the other side of the house. Mr. Diodati asked if the privacy fence in the front of the house will connect to the chain-link pool fence. Ms. True said yes. The Chair asked Mr. Diodati if the proposed fencing would meet the requirements. Mr. Diodati said it would if the gate is 5 ft. tall. It would also have to be self-closing and self- latching. Ms. True said that would not be a problem. Board o f Appeals May 12 , 2021 163 The Chair asked if fences like this would need to go before the Board of Architectural Review (BAR). Mr. Diodati said no because it is technically a side yard fence since it is in line with the home. The Chair asked if there would be a particular hardship if they were to hold the application over a month. Ms. Cooper asked if they intend to open the pool this season. Ms. True said it remains to be seen. Ms. Cooper asked if they are intending to start work upon receiving the approval. Ms. True said she hopes so. 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 #29 of 2021 5. The application ofTianying Xu for a Variance from Chapter 310-43 to construct a new deck at 38 Aspen Road, identified on the Village tax map as Sec. 19 Blk. 2 Lot 408 will be held over to the next meeting for improper neighbor notification. ** ** ** CASE #30 of 2021 6. The application of24 Meadow Road Realty LLC for a Special Use Permit, pursuant to Chapter 3 10-88 of the Village Code, setback Variance requests, and a building coverage Variance request to construct a swimming pool at 24 Meadow Road, identified on the Village tax map as Sec. 23 Blk. 1 Lot 11 0 will be held over to the June meeting for improper neighbor notification. ** ** ** CASE #31 of 202 1 7. The Chair declared the hearing open on the application of Martine Jajan 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 19 Berwick Road, identified on the Village tax map as Sec. 4 Blk. 3 Lot 470. Miguel Sostre, Architect, was present. Mr. Sostre said they are proposing a pool in the back right side of the property. It is a comer lot. They have positioned the pool to most effectively utilize the existing property, which is not that big, and to receive sunlight. They are asking for a 10 ft. variance at the back Board of Appe als May 12 , 2021 164 of the property. They have letters of support from the rear neighbor and left side neighbor. There is significant screening on the back and side of the property. Mr. Gans asked how large a pool they could build with no variance. Mr. Sostre said he does not know. Mr. Gans said it looks like the pool could be moved closer to the house by reducing the size of the patio. He asked if they examined other variations. Mr. Sostre said yes, but the house loomed over the pool. There is house on one side and the neighbor' s tall pine trees on the other, so there is a limited amount of sunlight. Mr. Gans said a 45' pool is quite large. He asked what makes this property unique such that the Board should approve a variance for a larger than typical pool. Mr. Sostre said the property is unique because it is a comer lot, and there is a large driveway. Mr. Gans asked how changes to the driveway and garage location affect would affect the plan. Mr. Sostre said they considered changes to the driveway and garage, but they may not make them. Mr. Gans asked why they cannot build a zoning compliant pool. He said they could build a 20 x 35ft. pool without a variance. Mr. Sostre said the applicant wanted a 50 ft. lap pool. The Chair said Mr. Gans was asking the questions the Board asks when considering a variance request. It seems like a big ask to want an oversized pool on a lot that requires a variance. Ms. Cooper said neighbors move, so the neighbors writing a letter of support does not hold much weight. Ms. Cooper asked if a 20 by 35 ft. pool would be zoning compliant. Mr. Sostre said that his clients want the pool as a lap pool, so making the pool smaller would defeat the purpose. Ms. Cooper asked why they cannot move the pool closer to the house. Mr. Sostre said the house would loom over the pool. The pool is placed where it is comfortable. Ms. Millen said she visited the site yesterday, and the pool location was painted rather than staked. She said it appeared close to the end of the property and felt very large. She said she agrees the pool is in the right spot, but the length of the pool feels very long. She also agreed with Ms. Cooper' s point that neighbors move. Mr. Sostre said he could make it a 40 ft. pool and request a 5 ft. variance, but anything smaller would not be worth the cost of building the pool. Ms. Cooper said she visited the site on Monday, and the pool was not staked. Mr. Sostre said landscapers had some issues accessing the site due to the rain, and nobody could come out sooner. Bo a r d o f Appea l s May 1 2 , 2 0 2 1 165 Ms. Cooper asked when the homeowners moved into the house. Mr. Sostre said they moved in about a year ago Ms. Cooper asked if the applicant would be willing to move the pool 5 ft. closer to the house and reduce the length by 5 ft. She added that had the lap pool been important to the applicant, they could have bought a property more conducive to building one. Mr. Sostre said the market in Scarsdale is tough. Mr. Meiselman says the Board cannot grant variances left and right. The Board is asking the applicant to decrease the requested variance to the point that they see other people making compromises. Mr. Sostre said he understands. He can move the pool closer to the house, but he does not want to reduce the size. He added that the neighbor received a 5 ft. variance for a hot tub. Mr. Sostre said they would like to get a plan approved with a 5 ft. variance. Mr. Watiker said normally the Board would not grant such a request without first seeing a new plan. Mr. Watiker asked if there would be a particular hardship to the applicant were the Board to hold over the application and request a design with a reduced variance request. The Board could either hold the application over or vote to either approve or deny the application, but if they denied it, the applicant would have to re-notice and return with a new plan. Mmtine Jajan, Applicant, was present. He said the pool was positioned perpendicular to the house to avoid encroaching on the driveway. Along the property line to the left, there are four enormous pine trees on the neighbor' s property. Moving the pool closer to the house would prevent morning sun because of the house and the pine trees. The pool is positioned between two front and rear pine trees to allow for the most sun. He is a former competitive swimmer, so he wants to have a lap pool. A 20 by 35ft. pool would frustrate the purpose of building the pool. He said they searched for a house in Scarsdale for 10 months. They are not willing to go smaller on the pool, and if they were to move it, they would have a pool blocked of sunlight for most of the day. Ms. Cooper asked if they are saying they would not build the pool if it were 40 ft. long instead of 45 ft. Mr. Jajan said he would have second thoughts about it. Mr. Gans said there are a lot of former athletes who would like to do things like build tennis courts that would need a variance. Pools are open for maybe 5 months of the year. If exercise is one of the reason for the requested variance, there must be alternatives. Mr. Sostre said the side garage makes this property unique. Mr. Jajan asked what the best course of action would be to avoid the application being out-right rejected. The Chair said he thinks it is unlikely the application will get approved this Board of Appeal s May 12 , 2 021 166 evening. The applicant could ask for an adjournment and bring a different proposal before the Board. Mr. Jajan asked if the Board would be amenable to approving the application if they moved the pool 5 ft. closer to the house. The Chair said that would have to be decided during deliberation. Mr. Sostre said he would like to amend the plan to move the location of the pool 5 ft. closer to the house, reducing the deck size to 15 ft and the variance request to 5 ft. The Chair said the Board will want to see a plan, and he cannot promise that they will hold it over. Mr. Cutler said the applicant could request an adjournment, but if they asked for that, they would not get notes outlining what the Board wants. 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 #32 of 2021 8. The Chair declared the hearing open on the application of Arielle and David Kauvar for a Special Use Petmit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 61 Franklin Road, identified on the Village tax map as Sec. 22 Blk. 21 Lot 2. Frank Giuliano, Landscape Architect, was present. He said the application meets all the setback requirements. The property is almost perfectly level, and the addition of a pool was factored into the SWEC plan when house was designed. The pool will be screened from all four sides. It meets all setback and coverage requirements. The screening is taller than 5 ft. No grading will be done, and no trees will be removed. No one from the Board wished to speak. 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 #33 of2021 9. The application of One Hickory Lane LLC for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to relocate pool equipment to the front yard of 1 Hickory Lane, identified on the Village tax map as Sec. 4 Blk. 8 Lot 61 OA.1 will be held over at the request of the Applicant. Board of Appeals May 12 , 2021 167 **** ** CASE #42 OF 2020 1. EJK 4 Kingston LLC 4 Kingston Road Sec. 5, Blk. 8, Lot 17 Special Use Permit to construct a swimming pool The Board considered the application of EJK 4 Kingston LLC, Case #42 of 2020, for a Special Use Permit, pursuant to Chapter 310-88 of the 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 June 9, 2021 meeting for the following reason: 1. The applicant has requested adjournment in order to provide revised plans and lot coverage form in advance ofthe June 9, 2021 meeting. ****** Board o f Appeals May 12 , 202 1 168 CASE #25 OF 2021 2. Nathan Eisler 16 Gate House Road Sec. 14 Blk. 5, Lot 19b Special Use Permit and setback variances to construct a swimming pool The Board considered the application of Nathan Eisler, Case #25 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 ofthe Village Code and setback variances from Chapter 310-47, to construct a swimming pool at 16 Gate House 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 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 0.47 acres; and WHEREAS : The property is improved with a home built in 1989; and WHEREAS: The property abuts the Hutchinson River Parkway; 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 current location of the swimming pool and associated equipment, landscaping and fencing; and WHEREAS: The project appears to meet the lot coverage; and WHEREAS: The applicant appeared before the Board of Appeals on April14, 2021 where the item was held over for the applicant to explore reducing the size of the requested variance; and WHEREAS: The applicant subsequently reduced the side yard variance request from an 8.28 foot variance, or 27%, to a 5 foot variance or 16%, and the rear yard variance request from a 13 .23 foot variance, or 56%, to a 9.62 foot variance, or 32%; and WHEREAS: The Board members have visited the site and are familiar with the materials in Board of Appeals May 12, 2021 169 the application; now therefore be it RESOLVED: That the application Nathan Eisler, Case #25 of2021, for setback variances from Chapter 310-47, to construct a swimming pool at 16 Gate House Road, as shown on the Site Plan dated revised April29, 2021, be approved based on the following findings and conditions: 1. The proposed pool will be in character with the neighborhood and will not create an undesirable change to the neighborhood as it will be screened appropriately. 2. After a review of the alternatives the Board of Appeals determined 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. 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 Nathan Eisler, Case #25 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 16 Gate House Road, as shown on the Site Plan dated revised April29, 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 Board of Appeals May 12 , 2021 170 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 Certificate of Occupancy, showing the final location ofthe 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 May 12, 2021 171 CASE #27 OF 2021 3. Harry and Kelly Mamaysky 6 Mohican Trail Sec. 17 Blk. 1, Lot 5G Special Use Permit to construct a swimming pool The Board considered the application ofHarry and Kelly Mamaysky, Case #27 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 6 Mohican Trail, 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 1.15 acres and 44,154 sq. ft. on the lot coverage form; and WHEREAS: The property is improved with a home built in 1979; 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 current location of the swimming pool and associated equipment, landscaping and fencing; and WHEREAS: The property is a flag lot and as a result lot size is reduced for lot coverage purposes by 5,875 sq. ft. from 50,029 sq. ft. to 44,154 sq. ft.; 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 applicant appeared before the Board of Appeals on April14, 2021 where the item was held over for the applicant to explore removing the proposed screening from the Village easement and provide addition detail regarding screening the retaining wall; and WHEREAS: The applicant submitted revised drawings that remove the screening from the easement and place the screening closer to the rear property lines; and Board of Appeals May 12 , 2 0 21 172 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 Harry and Kelly Mamaysky, Case #27 of 2021 , for a Special Use Permit, pursuant to Chapter 310-88 ofthe Village Code, to construct a swimming pool at 6 Mohican Trail, as shown on the Planting Plan dated revised April30, 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 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 Board of Appeals Ma y 12 , 2021 173 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 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 May 12, 2 021 174 CASE #28 OF 2021 4. Christoph Kollatz 9 Seneca Road Sec.17Blk.1,Lot328 Special Use Permit to construct a swimming pool The Board considered the application of Christoph Kollatz, Case #28 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 9 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 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 is in the A-2 (20,000 sq. ft. ) zoning district and is listed in the Assessor's records as .48 acres; and WHEREAS: The property is improved with a home built in 2013; and WHEREAS : The property is bisected by a stream in the rear yard; 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 current location of the 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 applicant appeared before the Board of Appeals on April14, 2021 where the item was held over for the applicant to explore changing the pool orientation and to confirm the proposed plantings would meet the evergreen screening requirements; and WHEREAS: The applicant submitted revised plans that changed the orientation of the pool and provided additional and more robust evergreen screening; and WHEREAS: The applicant agreed to revise their plans to replace the proposed solid 6-foot Board of Appeals May 12, 2021 175 privacy fence within the side yard to a code compliant fence; 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 Christoph Kollatz, Case #28 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 9 Seneca Road, as shown on the Site Plan dated May 7, 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 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. Board of Appeals May 12 , 2021 176 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 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 o f Appeals May 12 , 2021 177 CASE #31 OF 2021 7. Martin Jajan 19 Berwick Road Sec. 14 Blk. 3, Lot 470 Special Use Permit and setback variances to construct a swimming pool The Board considered the application ofMartin Jajan, Case #3 1 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code and setback variances from Chapter 31 0-47, to construct a swimming pool at 19 Berwick Road, and, upon motion duly made and seconded, unanimously held the matter over to the June 9, 2021 meeting for the following reasons: I. To provide the applicant an opportunity to submit a zoning compliant plan. Board o f Appea ls May 12 , 202 1 178 CASE #32 OF 2021 4. Ariel and David Kauver 61 Franklin Road Sec. 22 Blk. 21 , Lot 2 Special Use Permit to construct a swimming pool The Board considered the application of Ariel and David Kauver, Case #32 of2021, for a Special Use Permit, pursuant to Chapter 310-88 ofthe Village Code, to construct a swimming pool at 61 Franklin 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 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 .46 acres and 20, 117 sq. ft. on the lot coverage form; and WHEREAS: The property received Board of Architectural Review approval in 2017 and 20 19 for the construction of a new home; and WHEREAS: The new home is presently under construction; 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 current location of the 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 Ariel and David Kauver, Case #32 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 61 Franklin Road, as shown on the Master Pool Plan dated March 29, 2021 , be approved based on the following fmdings and conditions: Board of Appe al s Ma y 12 , 2 021 179 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 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 Board o f Appeals Ma y 1 2 , 202 1 180 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. ****** Upon motion duly made and seconded, the minutes of the April meeting were approved as amended. ****** The Chair announced that the next meeting of the Board of Appeals would be held on Wednesday, June 9, 2021 , at 7 p.m. ****** The meeting was adjourned at 9:20p.m. ****** /\A{tj_ Rts)TDOhli • Assistant to the Village Planner