LLP 445 Hamilton Avenue, 14th Floor White Plains, New York 10601 T 914 7611300 F 914 761 S372 cuddyfeder,com Taylor M. Palmer tpalmer@cuddyfeder.com November 3, 2016 VIA HAND DELIVERY AND E-MAIL Hon. John Delano, Chairman And Members ofthe Planning Board Town of North Castle 15 Bedford Road Armonk, New York 10504 Re: Special Permit Application - Existing Accessory Apartment Premises: 38 Creemer Road, Armonk. New York 10504 (SBL: 108.04-2-15) Dear Chairman Delano and Members of the Planning Board: This letter is respectfully submitted on behalf of our client, Mr. James Dempsey (the '''Applicant''), the owner of the above-referenced Premises, in connection with a request for the issuance of a Special Permit for an existing "accessory apartment"1 on the Premises in accordance with Zoning Code 355-40(K) & 355-34. The Applicant purchased the Premises in 1996 and the existing accessory apartment was previously approved by the Town of North Castle Planning Board on February 26, 1996 (the "Prior Special Permit Approval"). See Exhibit A - Prior Special Permit Approval. The Premises is situated on the north side of Creemer Road, west of Green Valley Road and is classified in the R-2A Zoning District in the Town of North Castle. The Premises is comprised of approximately 2.00 acres. The Premises is currently improved with an existing single-family residence and a modest two-bedroom accessory apartment that has existed on the Premises for decades and has been inspected every three (3) years by the Building Department in accordance with the Prior Special Permit Approval. The Premises is adjacent to similar single-family residential development. The instant application does not involve any proposed construction or new development, and we understand that the existing accessory apartment has not been changed since the Prior Special Permit Approval was granted. In 1996, the Applicant purchased the Premises from the prior owner, Ms. Ann Watson Walsh, whose attorney, Francis O'Neill, Esq., submitted an Application 1 The Zoning Code Defines an "accessory apartment" as: "[al dwelling unit which is incidental and subordinate to a permitted principal Single-family dwelling and located on tbe same lot therewith." WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT C&F: 3253543.3
~~v "CUDDY +FEDER LLP November 3,2016 Page -2- for special permit for an accessory apartment dated June 29, 1987, and redated January 23, 1996. The Applicant was included as contract vendee on the 1996 Special Pelmit Application. Pursuant to our conversations with Assistant Town Building Inspector Michael Cromwell, we understand that over the last twenty (20) years following the issuance of the Prior Special Permit Approval that both the Building Department and the Fire Department have regularly inspected the existing accessory apartment every three (3) years, with the most recent inspection conducted by Fire Inspector William Richardson on October 18, 2016. See Exhibit B - Inspection Report. Further, we understand that following the Prior Special Permit Approval that no violations have been issued to date regarding the existing accessory apartment. The Applicant lives in the principal dwelling on the Premises. When the Applicant purchased the Premises twenty years ago, there was a prior holdover tenant in the existing accessory apartment. The Applicant now has a prospective tenant (a local professional) for the existing accessory apartment. Following the most recent tri-annual inspection, the Applicant met with Mr. Cromwell, as well as Director of Planning Adam K. Kaufman, AICP, in order to discuss this matter. In accordance with his discussions with Town Staff, the Applicant is now applying for a Special Use Permit for the existing accessory apartment as a result of the change of ownership that took place more than 20 years ago. 2 As noted above, the Applicant was contract vendee at the time of the Prior Special Permit Approval, and so the instant application is sought to include the current owner's name on the Special Permit. While there are no changes proposed to the existing accessory apartment, it is respectfully submitted that the accessory apartment satisfies the Special Use Permit standards set forth in Zoning Code Sections 355-34 and 355-40(K). The existing accessory apartment serves to implement the purpose of the individual standards and regulations provided in the Zoning Code for accessory apartments. Zoning Code 355-40(K)(1), provides in relevant part that:... allowing accessory apartments in single-family residence districts... providers] opportunity and encouragement for the development of small rental housing units designed to meet the special housing needs of persons of low-and moderate-income, especially the young and the old, and of relatives of families living in North Castle. It is also the purpose and intent of this subsection to allow the more efficient use of the Town's existing stock of dwellings and accessory buildings, to provide economic support for present families of limited income and thereby promote the protection and preservation of property values. Further, it is the purpose and intent of these regulations to assure the maintenance of the singlefamily character and property values of neighborhoods through residentowner occupancy of lots and dwellings where an accessoly apartment might be located. "It is respectfully submitted that a Special Permit should travel with the property, and not the owner, notwithstanding Zoning Code 355-40(16), which provides that: "[sjpecial permit uses for accessory apartments shall terminate upon change of ownership... " WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT C&F: 3253543.3
"~'[iii7 ~Ltt.i~ CUDDY +FEDER LLP November 3, 2016 Page -3- Zoning Code 355-40(K)(1). All indicated above, the principal structure on the premises is occupied by the Applicant, and the existing accessory apartment is proposed to be rented to a local professional, with family living in the Town of North Castle. Accordingly, it is respectfully submitted that the rental ofthe existing accessory apartment by the Applicant allows efficient use of the Town's existing stock of dwellings and preserves the neighborhood character and property values, consistent with the intent of the foregoing provision. The Prior Special Permit Application included a Site Plan drawing prepared by Fred Rucker, Architect, entitled "Accessory Apartment Walsh Residence," dated 2/4/96 and last revised 2/23/96. A copy of this drawing could not be located in the Town's files or the Applicant's files. Thus, the Applicant arranged for the preparation of a new drawing of the interior floor plans by his architect Lanny Lerner, RA, AIA, of LR Lerner Architecture P.C., in support of the instant application. See enclosed Interior Floor Plans. All identified in the Interior Floor Plans, the existing accessory apartment consists of a two-bedroom accessory structure, with a small kitchen and living area. While the footprint of the existing accessory apartment is approximately 670 + / square feet, the accessory structure has a total gross floor area of 1,157 +/- square feet. The first floor is comprised of approximately 670 +/- sq. ft., and the second floor comprised of approximately 487 sq. ft. There is an existing 274+/- sq. ft. one-story porch. Based on the available information from the Prior Special Permit, the enclosed Interior Floor Plans confirm that the existing accessory apartment has not been altered in twenty years. 3 The existing accessory apartment is located to the northwest portion of the Premises, and is screened by existing plantings between the Premises and the adjacent property.4 This Application is consistent with existing lots in the area both with respect to size and layout, and fits within the character of the neighborhood. See Exhibit E - Tax Map Aerial/Google Maps. Thus, this application will simply maintain the Premises' conformity with the neighborhood and preserve what everyone has thought and understood for years. All described above, neighboring properties will not be adversely impacted by the continued existence of the accessory apartment. Further, we understand that no violations or renter issues have existed to date for the current owners. This existing accessory apartment is the only accessory apartment on the Premises, and has ample off-street parking, Additionally, the septic was recently cleaned out by Vogler Brothers Septic Tank Services, receipt dated October 31, 2016. See Exhibit F - Septic Receipt. 3 See Exhibit C - January 22,1996, Building Inspector Memorandum (providing in relevant part that "[t]he present accessory structure conforms to the building standards at the time of consttuction... "). 4 Indeed, it is our understand that the existing accessory apartment structure itself existing long before October 11, 1984. See Exhibit D - Certificate of Occupancy (#1925), dated November 20, 1964, wbich was issued for a "studio & guest house" pursuant to Building Permit # 2493. WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT C&F: 3253543.3
~17 '!f7, CUDDY +FEDER LLP November 3,2016 Page -4- SEQRA REVIEW - TYPE II ACTION: The requested Special Use Permit for the existing accessory apartment will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No land disturbance will occur from this application. The requested Special Use Permit will not adversely impact the environment. The request for issuance of a Special Use Permit before this Board constitutes an action exempt from the State Environmental Quality Review Act ("SEQRA") because this is a Type II Action. See 6 NYCRR 617.5(c)(1O) and (19)(SEQRA Regulations). Notwithstanding, a Short Environmental Assessment Form ("EAF") has been included in this application and is annexed hereto as Exhibit G. CONCLUSION: It is respectfully submitted that the Applicant's existing accessory apartment complies with the applicable criteria, that it will have no adverse impacts on the neighborhood and that it has not had an impact on the neighborhood for more than two (2) decades. Indeed, no changes to the existing accessory apartment are proposed. The Applicant is simply seeking to include his name on the Special Permit for the existing accessory apartment in accordance with the Zoning Code. Moreover, it is respectfully submitted that the Special Permit Application for an existing minor accessory apartment is a Type II action under the SEQRA Regulations Section 617.5(c)(1O), (19) requiring no further environmental review. For the reasons set forth above and in our prior correspondence submitted to this Board, and as will be further discussed at the public hearing on this matter, the Applicant respectfully requests that the aforementioned Special Use Permit be granted for the existing accessory apartment on the Premises. Additionally, in consideration of the anticipated new rental tenant for the existing accessory apartment, we respectfully request that this Board consider setting a Public Hearing on this matter for November 21, 2016. In support of this application, please find enclosed eight (8) sets (1 original and 7 copies) of the instant letter with the following documents: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Prior Special Use Permit Approval Resolution, dated February 26, 1996; Building Department Accessory Apartment Inspection Report; Memorandum from Acting Building Inspector Leo Gustafson to Planning Board Chairman Curry, dated January 22,1996; Building Permit #2493, and Certificate of Occupancy #1925 from the Town of North Castle, dated November 20, 1964; Google Map & Tax Map Aerials of the Premises and Existing Screening; Septic Receipt from Vogler Brothers Septic Tank Service, dated October 31, 2016; Completed Short Environmental Assessment Form; WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT C&F: 3253543.3
LLP November 3,2016 Page -5- Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Town of North Castle Application for Special Use Permit and Special Use Permit Checklist; Prior Special Permit Approval Plan Sets, Including the Following Sheets: Prior First Floor Plan - Walsh Residence - A-I, dated 3/4/96, prepared by Fred Rucker; Prior Second Floor Plan - "Accessory building - first floor" A-2, dated 3/4/96, prepared by Fred Rucker; and A copy of Filed Subdivision Map #21360, prepared by Ralph MacDonald Company, filed 10/24/83. Letter of No Objection from Barry D. Malvin & Nan Miller, 4 Green Valley Road, Armonk, New York 10504; Letter in Support and Approval Recommendation from David Grossman, 49 Creemer Road, Armonk, New York 10504; and A copy of the Cuddy + Feder LLP Letter to the North Castle Planning Board, dated November 2, 2016. In further support ofthis Application, we respectfully submit an interior floor plan entitled "Floor Plan Site Plan", prepared by LR Lerner Architecture PC, last dated November 3,2016. In addition, this submission includes a check made payable to the Town of North Castle in the amount of $250, representing the Special Use Permit Application Fee, and the SEQRA Short EAF Application Fee. We also enclose a check made payable to the Town of North Castle in the amount of $1,000 for an initial Planning Board escrow. Should the Planning Board or Town Staff have any questions or comments with regard to the foregoing, please do not hesitate to contact me. We look forward to the opportunity to appear before this Board on November 21,2016, to respond to any comments at that time. Thank you for your attention to and consideration of this matter. Very truly yours, UE7'- - Taylor M. Palmer Enclosures cc: Adam R. Kaufman, AICP, Director of Planning Michael Cromwell, Assistant Building Inspector Valerie Desimone, Planning Board Secretary Roland A. Baroni, Esq., Town Counsel Jim Dempsey Lucia Chiocchio, Esq. WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT C&F: 3253543.3
Exhibit A
.. " " " TOWN OF NORTH CASTLE WESTCHESTER COUNTY 17 Bedford Road AnnOok. New York 10S04 i PLANNING BOARD Piers L. Curry. ~hairmq RES 0 L UTI 0 N Telephone ('14) %73-3S4l Fax (114) m<>3ss4 Action: owner/applicant: Designation: Location: Acreage: Zoning: Approval Date,: Expiration Date: Accessory Apartment Approval Ann Walsh Section 1, Block 9, Lot 20-1 38 Creamer Road, Armonk 2.0 R-2A February 26, 1996 Inspection Every Three Years by Building Inspector WHEREAS, a formal application dated June 29, 1987 and resigned and redated on January 23, 1996 for an accessory apartment prepared by Francis OtNeill, Esq., Attorney for the applicant, was submitted to the Planning Board and an application fee was paid; and WHEREAS, the subject property is approximately 2.0 acres in area and is designated on the Tax Maps of the Town of North Castle as Section 1, Block 9, Lot'20-land is zoned R-2A (Minimum Lot Size Two Acres ReSidential); and WHEREAS, the subject property is located on the northeast cqrner of Creemer Road and with ingress/egress from Creemer Road; and WHEREAS, a site plan prepared by Fred Rucker, Architect, entitled "Accessory Apartment Walsh Residence," dated 214/96 and last revised 2/23/96 was submitted to the Town Board and the Planning Board; and WHEREAS, the Planning Board and their professional consultants have received and reviewed the following additional information and drawings: A First Floor Plan entitled "Walsh Residence" A-I, dated 3/4/96; Second Floor plan, entitled ftaccessory Building - First Floor", A- 1,---.,.. ~,
,, Accessory Apartment Resolution of Approval for Ann Walsh February 26, 1996. 2, dateq3/4/96 both prepared by Fred Rucker; thefiledsubcuvision map prepared by Ralph MacDonald Company, dated 9128183; and WHEREAS, the appllcationis for a two (2) bedroom accessory apa~tment which also consists of two baths, kitchen, living room, and a screened in porch; and WHEREAS, according to the plans prepared by Fred Rucker, entitled Walsh. ReSidence, Sheets A-l and A-2, the proposed apartment contains a total of approximately 1184 square feet of living space.and the main res.idence contains a total of approximately 2810 square feet of living space; and. WHEREAS, in accordance with S 213-33 of the Zoning Ordinance the proposed accessory apartment was inspected by the Building Inspector and found to be in full compliance wlthcurrent New York State Building Codes and with the intent of the accessory apartment requirements of the Zoning Ordinance; and WHEREAS, no variance i$required with respect to the size of the accessory building and the main dwelling, as required underseetlon 213-33 of the Zoning Ordinance; and WHEREAS~ the Planning Board has inspected the site and are familiar with the nature of the site, the surrounding area; and ; I WHEREAS, the Planning Board held a PubliC Hearing on this application on February 5, 1996 when all persons attending the Pub11c Hearing were 9i ven the opportunity to be heard and the Public Hearing was adjourned on that date; and The PubliC Hearing was reopened on February 26, 1996 when all persons attending were again given the opportunity to be heard and the Public Hearing was closed on the same date; and WHEREAS, in accordance with Article 8 of the state Environmental Quality Review Law and 6 NYCRR Part 617 and the North Castle Town 2
Accessory Apartment Resolution of Approval for Ann Walsh February 26, 1996 Environmental Quality Review Law, the Planning Board has made a determination that the proposed action is an Unlisted Action; and WHEREAS, the Planning Board has requested, received and considered comments from the Town Attorney, the Town Engineer, the Building Inspector and the Planriing Director regarding the proposed action; and WHEREAS, the requirements of the Land Subdivision Regulations, Zoning Ordinances and the Town Development Plan of the. Town of North Castle have been met by said application and plan except as noted bel6w;and NOW, THEREFORE BE IT RESOLVED that in accordance with Article 8 of the State Environmental Quality Review Law and. 6 IfYCRR and the North Castle Town Environmental Quality Review Law,. the Planning Board hereby makes a determination that the proposed development will not have a si,gnificant impact on the environment and any such impacts will be minimized or avoided through the design of the project as proposed and at.the incorporation as conditions attached to the project approval those mitigating measures that have been identlfled~ and NOW, THEREFORE BE IT FURTHER RESOLVED that approval of an accessory apartment is hereby granted, subject.t9 the following conditions: The Planning Board Secretary's initials and date shall be placed in the space below to indicate that the conditions have been met: Prior to a Certificate of Occupancy: 1. The application shall be submitted to the Westchester County Departmentaf Health for review and approval. 2. The submission to the Town Building Inspector of. an "as built" site plan, if required 3
..,. Accessory Apartment Resolution of Approval for Ann Walsh February 26, 1996 Other Conditions: 3. Payment of all applicable fees, including any consulting fees. 4. The applicant shall furnish the necessary documentation that all taxes assessed against the property have been paid. 1. The applicant must re.ove the screened in porch. 2. The wood burning stove must be removed and the chimney sealed. 3.. No commercial vehicles can be parked or garaged overnight on the premises 4. Compliance' with all applicable local laws and ordinances of the Town North castle and any conditions attached to permits issued thereunder. ${RJ~ Dated A-/s.I/7~ ~ s L. Curry, Chairman ~.'iaw.. I 4
:..' Accessory Apartment Resolution of Approval for Ann Walsh February 26, 1996 f/tt/r' Dated K LLARD AIID FEDERICO Kellard, Town Enqineer fied as Approved by the North Castle lanning Board as to Drainage and Engineering Details STEPHElfS BARONI REILLY & LEWIS - f: \p\resqlut \acce apt >.wal RO anda. Baroni~ Town Counsel I- I I I. 5
Exhibit L
#J... w;r- 'CUDDY +FEDER LLP 445 Hamilton Avenue,14th Floor White Plains. New York 10601 T 914 7611300 F 914 761 5372 cuddyfeder.com Taylor M. Palmer tpalmer@cuddyfeder.com November 2,2016 VIA FEDERAL EXPRESS AND E-MAIL Hon. Johri Delano, Chairman And Members of the Planning Board Town of North Castle 15 Bedford Road Armonk, New York 10504 Re: Special Permit Application - Existing Accessory Apartment Premises: 38 Creemer Road, Armonk. New York 10,504 Dear Chairman Delano and Members of the Planning Board: This letter and attachments are respectfully submitted on behalf of our client, Mr. Jim Dempsey (the "Applicant"), the owner ofthe above-referenced Premises in connection with his forthcoming Special Permit Application for an existing accessory apartment on the Premises/ which was previously approved by the Town of North Castle Planning Board on February 26, 1996 (the "Prior Special Permit Approval"). The Premises is currently improved by an existing single-family house, and a modest two-bedroom accessory apartment that has existed on the Premises for decades and which has been inspected every three (3) years by the Building Department in accordance with the Prior Special Permit Approval. Pursuant to our communications with Assistant Town Building Inspector Michael Cromwell and Director of Planning Adam K. Kaufman, AICP, we respectfully submit this letter to request that the Planning Board consider setting a Public Hearing for the above-referenced forthcoming Special Permit Application for this Board's meeting on November 21, 2016. The above-referenced application does not involve any proposed construction or new development, and we understand that the existing accessory apartment has not been changed since the Prior Special Permit Approval was granted. The Applicant originally purchased the Premises from the prior owner, Ms. Ann Watson Walsh, whose attorney, Francis O'Neill, Esq., submitted an Application for special permit for an accessory apartment dated June 29, 1987, and redated January 23, 1996. We understand that over the last twenty (20) years following the I Please note that a complete Special Permit Application and supporting documentation will be provided to the Planning Board on of before the November 7, 2016, Planning Board submission deadline, in accordance with Town Code 335-34 (Application for Special Permits) and Town Code 335-40(K)(2) (Application for Accessory Apartments). WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT C&F: 3252029.2
November 2,2016 Page -2- issuance of the Prior Special Permit Approval that the Building Department has regularly inspected the existing accessory apartment every three (3) years, with the most recent inspection conducted by Fire Inspector William Richardson on October 18, 2016. See Exhibit A - Inspection Report. Further, we understand that following the Prior Special Permit Approval that no violations have been issued to date regarding the existing accessory apartment. The Applicant is the owner of the Premises, and lives in the principal dwelling on the Premises. When the Applicant originally purchased the Premises, there was a prior holdover tenant in the existing accessory apartment. The Applicant now has a prospective tenant ea local professional) for the existing accessory apartment, and accordingly seeks this Board's approval for a Special Permit for the previously approved accessory apartment use. Here the Applicantis applying for a Special Permit for the existing accessory apartment as a result of the change of ownership that took place more than 20 years ago. 2 While the Applicant was contract vendee at the time of the Prior Special Permit Approval, the instant application is sought to include the current owner's name on the Special Permit. While there are no changes proposed to the existing accessory apartment, it is respectfully submitted that the accessory apartment satisfies the purpose of Zoning Code 355-40(K)(1), which provides in relevant part that:... allowi ng accessory apartments in single-family residence districts... providers] opportunity and encouragement for the development of small rental housing units designed to meet the special housing needs of persons of low-and moderate-income, especially the young and the old, and of relatives of families living in North Castle. It is also the purpose and intent of this subsection to allow the more efficient use of the Town 1 s existing stock of dwellings and accessory buildings, to provide economic suppoli for present families of limited income and thereby promote the protection and preservation of property values. Zoning Code 35S-40(K)(1). For the reasons set forth herein, in addition to the reasons that will be set forth more particularly in our forthcoming submission, we respectfully submit that the forthcoming Special Permit Application will demonstrate the Applicant's continued compliance with all applicable Special Permit criteria for the existing accessory apartment. It is respectfully submitted that the Applicant's existing accessory apartment complies with the Town's legislat.ively imposed criteria, that it will have no adverse impacts on the neighborho.od and that it has not had an impact on the neighborhood for more than two (2) decades. 'rhus, in consideration of the anticipated new 2 It is respectfully submitted that a Special Permit should travel with the property, and not the owner, notwithstanding Zoning Code 355-40(16), which provides that: "[s]pecial permit uses for accessory apartments shall terminate upon change of ownership... " WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT C&F: 3252029.2
_ Jt.'WY 2~ CUDDY +FEDER LLP November 2, 2016 Page -3- rental tenant for the existing accessory apartment, we request that this Board consider setting a Public Hearing on this matter for November 21, 2016,. Thank you for your consideration in this matter, We look forward to the opportunity to appear before this Board on November 21, 2016, to respond to any comments at that time, Very truly yours, 2~- /'Paylor'il.Palmer,/. Enclosure cc: Adam R, Kaufman, AICP, Director of Planning Michael Cromwell, Assistant Building Inspector Valerie Desimone, Planning Board Secretary Roland A. Baroni, Esq., Town Counsel Jim Dempsey Lucia Chiocchio, Esq, WESTCHESTER I NEW YORK CITY I HUDSON VALLEY I CONNECTICUT C&l': 3252029.2