Zoning Board of Appeals

Board of Appeals Septe mber 1, 20 21 255 BOARD OF APPEALS RUTHERFORD HALL 10· OS ~ VILLAGE HALL ZOZI OCT 14 A SCARSDALE, NY ; • : , . • .::. 1.' .. • • September 1, 2021 •l ._,.,,r ·.l!r- W1 ·,.vf'\I\ -..1:.;,-.~ L OFf iCE S OF CLERK/TREAS\.fROUlar meeting of the Board of Appeals of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Wednesday, September 1, 2021 at 7:00p.m. Those members present were Chair, Jeffrey Watiker, Barry Meiselman and Meredith Millen. Amy Cooper and Jeremy Gans were absent. Also present were Building Inspector, Frank Diodati, Village Planner, Greg Cutler, and Assistant to the Village Planner, Rosy Doud. Village Attorney, Dan Pozin, was absent, and Allegra Beals sat in for him. * ** * * * The Chair said please allow me 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 wishing to speak. After all of the evening's hearings, the Board will deliberate. Deliberations are open to the public. You are free to leave at the conclusion of your hearing or to stay for the deliberations. Some applicants choose to leave once their hearings have been concluded, while others choose to remain here. Should you decide to leave before the Board's deliberations you may obtain the Board's decision by calling Rosy Doud at Village Hall tomorrow at 722-113 7. Also, tomorrow the decisions will be posted on the web at www.scarsdale.com in the Agenda Center. Whether you stay or go has no bearing on the Board's deliberations or decision. 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. ****** 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 VILLAGE OF SCARSDALE NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Board of Appeals of the Village of Scarsdale in Rutherford Hall in Village Hall, 1001 Post Road, Scarsdale NY Board of Appeals September 1, 2021 256 10583 on Wednesday, September 1, 2021 at 7:00p.m. at which time the Board of Appeals will consider the following: 1. The application ofTianying Xu for a Variance from Chapter 310-43 of the Village Code to construct a new deck at 3 8 Aspen Road, identified on the Village tax map as Sec. 19 Blk. 2 Lot 408. 2. The application of Martine Jajan for 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. 3. The application of 171 West LLC for a Variance from Chapter 310-22 to construct a garage, and a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 11 Murray Hill Road (formerly 2A Cooper Road), identified on the Village tax map as Sec. 9 Blk. 10 Lot 2. -The applicant has requested adjournment to the October 13, 2021 meeting. 4. The application of Bradley Rogoff for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, and setback Variance requests, to construct a swimming pool at 40 Bradford Road, identified on the Village tax map as Sec. 24, Blk. 1, Lot 47. 5. The application of Cristiano Lima for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 9 Old Lyme Road, identified on the Village tax map as Sec. 23, Blk. 1, Lot 145. 6. The application of Zhe Zhou for a Variance from Section 310-22 of the Village Code to construct a roof enclosure over an existing pool at 54 Morris Lane, identified on the Village tax map as Sec. 18, Blk. 1, Lot 40. 7. The application of Lee and Dawn Handler for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 17 Morris Lane, identified on the Village tax map as Sec. 13, Blk. 3, Lot 12. 8. The application of Brian and Lauren Jacobson for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 4 Oak Lane, identified on the Village tax map as Sec. 4, Blk. 1, Lot 144. 9. The application of Mike Yao and Pamela Nguyen for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 81 Spier Road, identified on the Village tax map as Sec. 19, Blk. 2, Lot 415. 10. The application of Andrew and Debbie Horn for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 3 Hillview Drive, identified on the Village tax map as Sec. 22, Blk. 11, Lot 25. Board of Appeals September 1 , 2021 257 11. The application of Maul in Silpa for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 17 Oxford Road, identified on the Village tax map as Sec. 15, Blk. 4, Lot 1A. The application has been held over to the October 13, 2021 meeting for improper notice. 12. The application of Lynn and Christopher Marvin for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to install a swimming pool (hot tub) at 14 Park Road, identified on the Village tax map as Sec. 16, Blk. 2, Lot 15. 13. The application of Jerry and Barbara Weinberg for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 9 Harvest Drive, identified on the Village tax map as Sec. 22, Blk. 20, Lot 16. 14. The application of Jared and Barrie Mellin for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 21 Sherbrooke Road, identified on the Village tax map as Sec. 13, Blk. 1, Lot 13A. 15. The application of Fernanda and Rodrigo Couto for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 27 Butler Road, identified on the Village tax map as Sec. 4, Blk. 1, Lot 195. Copies ofthe above applications may be viewed by interested parties at this Dropbox link: https://www.dropbox.com/sh/kxuvugwdslcsv3i/AAD8-oCvQ5vNgngx701-d7Vga?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 August 20,202 1. Gregory Cutler, AICP, Village Planner. ****** CASE #29 of 2021 1. The Chair declared the hearing open on 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. Tianying Xu and Arwen Dong, applicants, were present. Mr. Dong said they have reduced the size of the deck and have staked it at the request of the Board. Board of Appeals September 1, 2021 258 The Chair asked if it the variance request has changed since the previous meeting. Mr. Dong said no, the depth of the deck is stilll2'. The Chair said thank you for staking the site. Mr. Meiselman asked if this is the absolute final configuration or if they would consider reducing the variance request further. Mr. Dong said 12' is the minimum depth of the deck to make it functional. The Chair asked if screening the area under the deck is part of the request. Mr. Dong said no, but if that they are willing to add it if the Board requires it for approval. The Chair asked if there was anyone else who wished to be heard with respect to this application. No persons desiring to be heard, the Chair ended the discussion on the application. ****** CASE #31 of2021 2. Chair declared the hearing open on the application of Martine Jajan for 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 removed the variance request and rotated the pool. He has been in contact with the neighbors, and none of them have any objections to the proposal. The Chair said thank you for being responsive to the Board's comments. The Chair asked ifthere was anyone else who wished to be heard with respect to this application. No persons desiring to be heard, the Chair ended the discussion on the application. ****** CASE #36 of2021 3. The application of 171 West LLC for a Variance from Chapter 310-22 to construct a garage, and a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 11 Murray Hill Road (formerly 2A Cooper Road), identified on the Village tax map as Sec. 9 Blk. 10 Lot 2, will be held over to the October 13, 2021 meeting at the request of the applicant. ****** CASE #45 of2021 Board of Appeals September l, 2021 259 4. The Chair declared the hearing open on the application of Bradley Rogoff for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, and setback Variance requests, to construct a swimming pool at 40 Bradford Road, identified on the Village tax map as Sec. 24, Blk. I, Lot 47. Dan Sherman, Landscape Architect, was present. Mr. Sherman said they have removed 1 ft. from the length and I ft. from the width of the pool and moved it 5 feet away from the rear year, increasing the rear-yard setback from 20 ft. to 25 ft. They are still requesting a 20 ft. side yard setback where 30 ft. is required. They have also changed the location of the fence, but it still meets the code's requirements. The Chair said thank you for being responsive to the Board's comments. He asked what the proposed fence material is. Mr. Sherman said the fence will be aluminum at the end of the driveway, and the remainder of the fence will be chain-link. The Chair asked if there was anyone else who wished to be heard with respect to this application. No persons desiring to be heard, the Chair ended the discussion on the application. ****** CASE #49 of 2021 5. The Chair declared the hearing open on the application of Cristiano Lima for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 9 Old Lyme Road, identified on the Village tax map as Sec. 23, Blk. 1, Lot 145. Peter Gregory, Engineer, was present. Mr. Gregory said they have updated their plan to include more screening around the pool and to include screening around the pool equipment. The Chair asked if the existing wood fence will act as the rear fence. Mr. Gregory said yes, but they are replacing the existing chain-link fence with a new 5 ft. fence aluminum picket fence in the front. The Chair asked if the rear fence is cedar. Mr. Gregory said yes. The Chair asked if there was anyone else who wished to be heard with respect to this application, either in favor or in opposition. No persons desiring to be heard, the Chair ended the discussion on the application. ****** CASE #52 of2021 Board of Appeals September 1, 2021 260 6. The Chair declared the hearing open on the application of Zhe Zhou for a Variance from Section 310-22 of the Village Code to construct a roof enclosure over an existing pool at 54 Morris Lane, identified on the Village tax map as Sec. 18, Blk. I, Lot 40. Sid Schlomann, Architect, was present. Mr. Schlomarm said they are requesting a building coverage variance. They reduced the square footage of the request to a 3.4% variance request. They also prepared renderings and elevations as requested. The addition will be in the same style as the pool house. The Chair asked what determined the height of the building. Mr. Schlomann said the 12ft. height was a good fit aesthetically and functionally. They enclosed the perimeter of the pool as tightly as they could to reduce square footage. The Chair asked if there would be any second floor activity. Mr. Schlomann said no. Ms. Meiselman asked if they reduced the square footage of the walkway. Mr. Schlomarm said yes. Mr. Meiselman asked what Board opines on the design of the proposal. Mr. Diodati said the BAR. The Chair asked if there was anyone else who wished to be heard with respect to this application. No persons desiring to be heard, the Chair ended the discussion on the application. ****** CASE #53 of2021 7. The Chair declared the hearing open on the application of Lee and Dawn Handler for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 17 Morris Lane, identified on the Village tax map as Sec. 13, Blk. 3, Lot 12. Frank Giuliano, Landscape Architect, was present. Mr. Giuliano said the pool meets all coverage and setback requirements. They did a pool plan when the property was purchased. They had originally done a landscape plan, but some of the screening needed to be beefed up. They are adding infill plantings where the screening is sparce. No trees are being removed. The Chair asked if the pool enclosure fence runs around the perimeter of the property. Mr. Giuliano said yes, but it lines up with the front of the house on one side and the filter pad on the other. The Chair said he understands that there is an above ground pool on the site. Mr. Giuliano said he was not aware of this until today, but the pool will be dismantled tomorrow. Board of Appeals September 1, 2021 261 Ms. Millen said she noticed gaps in the screening in the rear on the right side. She asked if they will be adding screening that area. Mr. Giuliano said this area appears to have gaps because you can see the structure on the other property, but the screening is 5 ft. The Chair asked if there was anyone else who wished to be heard with respect to this application. No persons desiring to be heard, the Chair ended the discussion on the application. ****** CASE #55 of2021 8. The Chair declared the hearing open on the application of Brian and Lauren Jacobson for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 4 Oak Lane, identified on the Village tax map as Sec. 4, Blk. I, Lot 144. Frank Giuliano, Landscape Architect, was present. Mr. Giuliano said they are proposing a unique pool with a vanishing edge. The existing rear screening is very heavy, but there are areas on the right property line and the left that they will add screening to. All existing screening being relied on is on the property. They meet all setback and coverage requirements, and no trees are being removed. The Chair asked ifthere was anyone else who wished to be heard with respect to this application. No persons desiring to be heard, the Chair ended the discussion on the application. * * **** CASE #56 of2021 9. The Chair declared the hearing open on the application of Mike Yao and Pamela Nguyen for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 81 Spier Road, identified on the Village tax map as Sec. 19, Blk. 2, Lot 415. Frank Giuliano, Landscape Architect, was present. Mr. Giuliano said they are proposing a small pool. It meets all setback requirements. There are very large evergreens in the rear, but the survey showed that very few were on the applicants' property. They will be adding screening on all sides. The filter will be tucked into the comer of the rear right side of the house. No trees are being removed, and the fencing meets code. The pool will be located on the existing patio and will have a swim jet. The Chair asked where swim jet will be located. Mr. Giuliano said it will be in the back of the pool wall. Board of Appeals September 1, 2021 262 The Chair asked if there was anyone else who wished to be heard with respect to this application. No persons desiring to be heard, the Chair ended the discussion on the application. *** *** CASE #57 of2021 10. The Chair declared the hearing open on the application of Andrew and Debbie Hom for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 3 Hillview Drive, identified on the Village tax map as Sec. 22, Blk. 11, Lot 25. Bill Einhorn, Landscape Architect, and Andrew Hom, applicant, were present. Mr. Einhorn said they are not asking for any variances. The pool sits within the required setbacks and includes a modest patio. They are aware of their neighbors' concerns about flooding. The previous owner had responded to concerns about flooding by creating a berm. The berm will not be removed. They have also retained a stormwater engineer and are aware that they will have to address any water issues. Mr. Hom said there had been flooding in 2005 when the house was built. Mr. Meiselman asked if the previous owner had just added the berm or if they had used CUL TECs or other strategies to address the flooding. Mr. Horn said he did not know. Mr. Cutler said if there were other systems, those would be in the Village Engineer's records and would be addressed by him. The Chair asked if there was anyone else who wished to be heard with respect to this application. No persons desiring to be heard, the Chair ended the discussion on the application. ****** CASE #58 of2021 11. The application ofMaulin Silpa for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 17 Oxford Road, identified on the Village tax map as Sec. 15, Blk. 4, Lot 1A, will be held over to the October 13, 2021 meeting for improper notice. *** *** CASE #59 of2021 12. The Chair declared the hearing open on the application of Lynn and Christopher Marvin for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to install a Board of Appeals September 1, 2021 263 swimming pool (hot tub) at 14 Park Road, identified on the Village tax map as Sec. 16, Blk. 2, Lot 15. Bana Choura, Architect, was present. Ms. Choura said the application is for a hot tub, and there is an existing pool with the proper enclosure and screening. They are adding 4 green giants to the existing screening where there are gaps. They are also adding screening around the pool equipment. The Chair asked if there was anyone else who wished to be heard with respect to this application. No persons desiring to be heard, the Chair ended the discussion on the application. ****** CASE #60 of 2021 13. The Chair declared the hearing open on the application of Jerry and Barbara Weinberg for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 9 Harvest Drive, identified on the Village tax map as Sec. 22, Blk. 20, Lot 16. Walter Nestler, Landscape Architect, was present. Mr. Nestler said they are requesting a special use permit for 20 by 40 ft. pool with a spa. It meets all setback requirements. The property will be surrounded by the required fencing and screening. There will be infill where the existing screening is not sufficient with evergreen shrubs. They will also be removing a small section of driveway. The Chair asked if there was anyone else who wished to be heard with respect to this application. No persons desiring to be heard, the Chair ended the discussion on the application. ****** CASE #61 of2021 14. The Chair declared the hearing open on the application of Jared and Barrie Mellin for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 21 Sherbrooke Road, identified on the Village tax map as Sec. 13, Blk. 1, Lot 13A. Juliana Alzate, Landscape Architect, was present. She said today they received notice that there are wetlands adjacent to the property and would like to request adjourrunent to respond to these comments. Board of Appeals September 1, 2021 264 Mr. Cutler said they can present tonight and then to the Planning Board, but if they think the plan will change because of the wetlands issue, they may want to wait. The Chair said even if they are not presenting tonight, he has some feedback that may be helpful in making a revised plan. He noticed there are gaps in the existing screening. Ms. Alzate said she thinks they should regroup before presenting a plan. Ms. Millen said she agrees that the screening needs to be bulked up in areas. The Chair asked if there was anyone else who wished to be heard with respect to this application. No persons desiring to be heard, the Chair ended the discussion on the application. ** **** CASE #62 of 2021 15. The Chair declared the hearing open on the application of Fernanda and Rodrigo Couto for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 27 Butler Road, identified on the Village tax map as Sec. 4, Blk. 1, Lot 195. Bana Choura, Architect, and Frank Giuliano, Landscape Architect, were present. Ms. Choura said the house on the property is currently being constructed. Mr. Giuliano said the landscaping was done with the idea that a pool added when the house application went before the BAR. The Chair said it appears one would be able to see the pool from Butler Road because the pool extends to the left of the house, and he does not think there is any screening in the front. Mr. Giuliano said the Chair is correct with the pool in the proposed location. There would have to be additional screening. Ms. Millen asked where the fence is. Mr. Giuliano said it is not plotted. The Chair asked if there would be any hardship in holding the application over. Ms. Choura said pool company will not commit without a permit. The Chair asked if they know the proposed location of the fence. Ms. Choura indicated the proposed location of the fence on the plan. She said it would be chain-link apart from the front, which would be aluminum. Mr. Diodati said if the fence were to extend to Brite Avenue, it would require a fence that would be permitted in the front yard. Board of Appeals September 1, 2021 265 The Chair asked if there was anyone else who wished to be heard with respect to this application. No persons desiring to be heard, the Chair ended the discussion on the application. ****** Board of Appeals September 1, 2021 266 CASE #29 OF 2021 1. Tianying Xu 38 Aspen Road Sec. 19 Blk. 2, Lot 48 Variance to construct a deck The Board considered the application ofTianying Xu, Case #29 of2021, for a setback variance from Chapter 310-43, to construct a deck at 38 Aspen Road, and, upon motion duly made and seconded, unanimously held the matter over to the October 13,2021 meeting for the following reasons: 1. To provide the applicant an opportunity to reduce the extent of the encroachment and/or reduce the percentage encroachment into the setback. Board of Appeals September 1, 2021 267 CASE#31 OF2021 2. 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 of Martin Jajan, Case #31 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code and setback variances from Chapter 310-47, to construct a swimming pool at 19 Berwick 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 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-3 (15,000 sq. ft.) zoning district, is shown in the Assessor's records as .6 acres and 26,136 sq. ft. on the lot coverage form; and WHEREAS: The property is improved with a home built in 1931; and WHEREAS: The applicant first appeared before the Board of Appeals on May 12,2021 requesting both a special use permit for a swimming pool and a setback variance; and WHEREAS: The application was held over at the May 12, 2021 Board of Appeals meeting to provide the applicant the opportunity to revise the plans and eliminate the variance request; and WHEREAS: The applicant made significant revisions to the plans to reorient the driveway and garage to make room for a zoning compliant pool, while maintaining the same size; 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 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 Board of Appeals September 1, 2021 268 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 Martin Jajan, Case #31 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code and setback variances from Chapter 310-47, to construct a swimming pool at 19 Berwick Road, as shown on the Site Plan dated revised July 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 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 Board of Appeals September 1, 2021 269 soil erosion control measures shall be in place prior to the issuance of a Building Permit. 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. II. 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 September 1, 2021 270 CASE #36 OF 2021 3. 171 West LLC 11 Murray Hill Road Sec. 14 B1k. 3, Lot 9.10B Special Use Permit to construct a swimming pool The Board considered the application of 171 West LLC, Case #36 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 11 Murray Hill Road, and, upon motion duly made and seconded, unanimously held the matter over to the October 13,2021 meeting at the request of the applicant. ****** Board of Appeals September 1, 2021 271 CASE #45 OF 2021 4. Bradley Rogoff 40 Bradford Road Sec. 24 Blk. I, Lot 47 Special use permit and rear and side yard setback variances to construct a swimming pool The Board considered the application of Bradley Rogoff, Case #45 of2021, for a special use permit and setback variances from Chapter 310-47, to construct a swimming pool at 40 Bradford 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 !52 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 granting of individual setback variances is a Type II action pursuant to 6 NYCRR 617.5(c) (16) 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 .5 acres and 21,945 sq. ft. on the lot coverage form; and WHEREAS: Chapter 310-47 of the Village Code regulates side yard setbacks for swimming pools located on corner lots; and WHEREAS: The application appeared before the Board of Appeals on July 14,2021 and was held over to provide the applicant an opportunity to consider alternatives and reduce the size of the variance requests; and WHEREAS: The applicant subsequently submitted revised plans that reduce the size of the rear yard setback variance request from 10 feet or 33% to 5 feet or 16%, while maintaining the same setback variance request for the side yard at 20 feet or 50%; and WHEREAS: The Board members have visited the site and are familiar with the materials in the application; and 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 applicant against the detriment to the neighborhood or the community; now therefore be it Board of Appeals September 1, 2021 272 RESOLVED: That the application of Bradley Rogoff, Case #45 of202l, for setback variances from Chapter 31 0-4 7, to construct a swimming pool at 40 Bradford Road, be approved based on the following findings and conditions: l. The requested variances will not create an undesirable change in the character of the neighborhood or a detriment to nearby properties due to the width of the space between the property line and the roadway. 2. The benefit sought by the applicant cannot be achieved by another feasible method. 3. The requested variance is substantial but the applicant has mitigated the size of the variance to the maximum extent. 4. The requested variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The alleged difficulty was not self-created and is a result of the unique comer lot circumstances of the application. RESOLVED: That the application of Bradley Rogoff, Case #45 of2021, a special use permit, to construct a swimming pool at 40 Bradford Road, be approved based on the following findings and conditions: l. 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 Board of Appeals September l, 2021 273 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. II. 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 September 1, 2021 274 CASE #49 OF 2021 5. Christiano Lima 9 Old Lyme Road Sec. 23 Blk. 1, Lot 145 Special Use Permit to construct a swimming pool The Board considered the application of Christiano Lima, Case #49 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 9 Old Lyme 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 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-2 (20,000 sq. ft.) zoning district, is shown in the Assessor's records as .46 acres and 20,250 sq. ft. on the lot coverage form; 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 applicant appeared before the Board of Appeals on July 14, 2021 and was held over to provide the applicant an opportunity to revise the plans to include a more robust landscaping plan and details regarding the fence; and WHEREAS: The applicant subsequently submitted revised plans with a more robust landscaping plan and compliant fencing; 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 Christiano Lima, Case #49 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 9 Old Lyme Road, as shown on the Site Plan dated revised Board of Appeals September 1, 2021 275 August 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 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. Board of Appeals September 1, 2021 276 II. 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 ofthis resolution shall cause the Special Use Permit to become null and void. ****** Board of Appeals September 1, 2021 277 CASE #52 OF 2021 6. ZheZhou 54 Morris Lane Sec. 18 Blk. 1, Lot 40 Building coverage variance to enclose a swimming pool The Board considered the application of Zhe Zhou, Case #52 of 2021, a building coverage variance from Chapter 310-22 ofthe Village Code, to enclose an existing swimming pool at 54 Morris 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 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 granting of area variances for a single family home is a Type II action pursuant to 6 NYCRR 617.5(c) (17) 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 1.83 acres and 102,602 sq. ft. on the lot coverage form; and WHEREAS: The property is improved with a home built in 1990; and WHEREAS: Chapter 310-22 regulates the maximum permitted building and lot coverage; and WHEREAS: The application appeared before the Board of Appeals on July 14, 2021 and was held over to provide the applicant the opportunity to explore reducing the variance request and provide a rendering; and WHEREAS: The applicant subsequently revised the submission to reduce the variance request from 301 sq. ft. or 4.2% to 241 sq. ft. or 3.4%; and WHEREAS: The Board members have visited the site and are familiar with the materials in the application; and 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 applicant against the detriment to the neighborhood or the community; now therefore be it RESOLVED: That the application of Zhe Zhou, Case #52 of 2021, a building coverage Board of Appeals September 1, 2021 278 variance from Chapter 310-22 of the Village Code, to enclose an existing swimming pool at 54 Morris Lane, as shown on the Site Plan A-101.00 dated revised July 26, 2021, be approved based on the following findings: 1. The requested variances will not create an undesirable change in the character of the neighborhood or a detriment to nearby properties. 2. The benefit sought by the applicant cannot be achieved by another feasible method as there is no other feasible way to enclose the pool. 3. The size of the building coverage variance is not substantial. 4. The requested variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. The requested variance is self-created. In consideration of the other factors, the fact that the alleged difficulty is self-created does not preclude the granting of the area variance. ** **** Board of Appeals September 1, 2021 279 CASE #53 OF 2021 7. Lee and Dawn Handler 17 Morris Lane Sec. 13 Blk. 3, Lot 12 Special use permit to construct a swimming pool The Board considered the application of Lee and Dawn Handler, Case #53 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code to construct a swimming pool at 17 Morris 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 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 AA-1 (2 acre) zoning district, is shown in the Assessor's records as 1.58 acres and 63,994 sq. ft. on the lot coverage form; 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 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 Lee and Dawn Handler, Case #53 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code to construct a swimming pool at 17 Morris Lane, as shown on the Pool Site Plan dated June 14, 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. Board of Appeals September 1, 2021 280 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 used prior to the issuance of a Certificate of Occupancy. 12. The Certificate of Occupancy shall not be issued until the applicant Board of Appeals September 1, 2021 281 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 September 1, 2021 282 CASE #55 OF 2021 8. Brian and Lauren Jacobson 4 Oak Lane Sec. 4 Blk. I, Lot 144 Special use permit to construct a swimming pool The Board considered the application of Brian and Lauren Jacobson, Case #55 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code to construct a swimming pool at 4 Oak 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 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-2a (15,000 sq. ft.) zoning district, is shown in the Assessor's records as .73 acres and 32,400 sq. ft. on the lot coverage form; 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 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 Brian and Lauren Jacobson, Case #55 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code to construct a swimming pool at 4 Oak Lane, as shown on the Pool Site Plan dated July 29,2021, be approved based on the following findings and conditions: I. The proposed swimming pool is consistent with the public health, safety, morals and general welfare of the community. Board of Appeals September 1, 2021 283 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. II. 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 Board of Appeals September 1, 2021 284 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 Petmit to become null and void. ****** Board of Appeals September 1, 2021 285 CASE #56 OF 2021 9. Mike Yao and Pamela Nguyen 81 Spier Road Sec. 19 Blk. 2, Lot 415 Special use permit to construct a swimming pool The Board considered the application of Mike Yao and Pamela Nguyen, Case #56 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code to construct a swimming pool at 81 Spier 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 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-2a (15,000 sq. ft.) zoning district, is shown in the Assessor's records as .34 acres and 15,085 sq. ft. on the lot coverage form; 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 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 Mike Yao and Pamela Nguyen, Case #56 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code to construct a swimming pool at 81 Spier Road, as shown on the Pool Site Plan dated July 28, 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. Board of Appeals September 1, 2021 286 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 used prior to the issuance of a Certificate of Occupancy. 12. The Certificate of Occupancy shall not be issued until the applicant Board of Appeals September 1, 2021 287 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 September 1, 2021 288 CASE #57 OF 2021 10. Andrew and Debbie Horn 3 Hillview Drive Sec. 22 Blk. 11, Lot 25 Special use permit to construct a swimming pool The Board considered the application of Andrew and Debbie Horn, Case #57 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code to construct a swimming pool at 3 Hillview Drive, 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-2 (20,000 sq. ft.) zoning district, is shown in the Assessor's records as .47 acres and 20,704 sq. ft. on the lot coverage chart; 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 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 Andrew and Debbie Horn, Case #57 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code to construct a swimming pool at 3 Hillview Drive, as shown on the Proposed Pool Landscape Plan and Setback Plan dated revised August 22, 2021, be approved based on the following findings and conditions: I. The proposed swimming pool is consistent with the public health, safety, morals and general welfare of the community. Board of Appeals September 1, 2021 289 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. 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 Board of Appeals September 1, 2021 290 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 September 1, 2021 291 CASE #58 OF 2021 11. Maulin Silpa 17 Oxford Road Sec. 15 Blk. 4, Lot 1A Special Use Permit to construct a swimming pool The Board considered the application ofMaulin Silpa, Case #58 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 17 Oxford Road, and, upon motion duly made and seconded, unanimously held the matter over to the October 13, 2021 meeting at the request of the applicant. ****** Board of Appeals September 1, 2021 292 CASE #59 OF 2021 12. Christopher and Lynn Marvin 14 Park Road Sec. 16 Blk. 2, Lot 15 Special use permit to construct a swimming pool (hot tub) The Board considered the application of Christopher and Lynn Marvin, Case #59 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code to construct a swimming pool at 14 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 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 acre and 43,364 sq. ft. on the lot coverage chart; 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 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 Christopher and Lynn Marvin, Case #59 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code to construct a swimming pool at 14 Park Road, as shown on the Site Plan dated revised August 4, 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. Board of Appeals September 1, 2021 293 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. II. 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 Board of Appeals September 1, 2021 294 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 September 1, 2021 295 CASE #60 OF 2021 13. Jerry and Barbara Weinberg 9 Harvest Drive Sec. 22 Blk. 20, Lot 16 Special use permit to construct a swimming pool The Board considered the application of Jerry and Barbara Weinberg, Case #60 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code to construct a swimming pool at 9 Harvest Drive, 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 !52 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-2 (20,000 sq ft.) and A3 (10,000 sq. ft.) zoning districts, is shown in the Assessor's records as .58 acres and the lot is noted as 25,638 sq. ft. on the lot coverage form; 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 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 ofJerry and Barbara Weinberg, Case #60 of2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code to construct a swimming pool at 9 Harvest Drive, as shown on the Site Plan and Planting Plan dated August 8, 2021, be approved based on the following findings and conditions: I. The proposed swimming pool is consistent with the public health, safety, morals and general welfare of the community. Board of Appeals September l, 2021 296 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. 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. II. 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 Board of Appeals September 1, 2021 297 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 September 1, 2021 298 CASE #61 OF 2021 14. Jared and Barrie Mellin 21 Sherbrooke Road Sec. 13 Blk. 1, Lot 13A Special Use Permit to construct a swinnning pool The Board considered the application of Jared and Barrie Mellin, Case #61 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 21 Sherbrooke Road, and, upon motion duly made and seconded, unanimously held the matter over to the October 13,2021 meeting at the request of the applicant. ****** Board of Appeals September 1, 2021 299 CASE #62 OF 2021 15. Rodrigo and Fernanda Couto 27 Butler Road Sec. 4 Blk. 1, Lot 195 Special Use Permit to construct a swimming pool The Board considered the application of Rodrigo and Fernanda Couto, Case #62 of 2021, for a Special Use Permit, pursuant to Chapter 310-88 of the Village Code, to construct a swimming pool at 27 Butler Road, and, upon motion duly made and seconded, unanimously held the matter over to the October 13, 2021 meeting for the following reasons: 1. To provide the applicant an opportunity to prepare revised plans that demonstrate the location of the pool enclosure fence. ****** Upon motion duly made and seconded, the minutes of the July meeting were approved. ****** The Chair announced that the next meeting of the Board of Appeals would be held on Wednesday, October 13, 2021, at 7 p.m. ****** The meeting was adjourned at 8:38p.m. ****** Rosy Do Assistant to the Village Planner