Planning Board Upholds Recommendation on Gravel Surfaces

An appeal to the gravel surfaces moratorium from homeowner's on Cushman Road will not change the Scarsdale Planning Board's recommendation to pass new village code regarding the use of gravel surfaces to meet lot coverage requirements.

The Planning Board has issued their report to the Scarsdale Board of Trustees about an appeal to the newly imposed moratorium on gravel surfaces from the owners of a home under construction at 45 Cushman Road. The BOT asked the Planning Board to consider how the homeowner's case could affect a proposed new law to make the moratorium permanent, and its consistency with Scarsdale's Comprehensive Plan.

The owner's of 45 Cushman were in the process of building a new home on the 1.5 acre lot when the gravel moratorium was imposed in February, 2015. Though they had approval for the house, they had not yet filed plans to build a pool, sports court, terraces and a circular driveway. Once the moratorium was imposed, the size of the circular driveway put the project above the maximum lot coverage requirements, limiting them to the use of a single ribbon driveway rather than a circular gravel drive.

In their recommendation to the Board of Trustees dated August 25, the Planning Board said that due to the unique circumstances, timing and nature of the project, the homeowners should file for a variance for the driveway with the Board of Appeals. However, the Planning Board found that the project does exceed recommended lot coverage and therefore would not change their recommendation to change village zoning code to make the moratorium into permanent law.

The Board found that use of circular gravel driveways is "in keeping with the neighborhood's character," but that "the additional lot coverage and increased residential density is inconsistent with the goals regarding the preservation of open space."

Here is the complete text of their recommendation:

To: Mayor Mark and the Village Board of Trustees From: Dan Hochvert, Chair, and Planning Board Members Date: 8/25/2015
Re: Report regarding the appeal, filed by 45 Cushman LLC for relief from the moratorium involving gravel surfaces
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In accordance with Local Laws # 2 and # 7 of 2015, the Planning Board, at its August 12, 2015 meeting, considered the appeal from 45 Cushman LLC for relief from the moratorium on certain projects involving gravel surfaces in order to construct a circular gravel driveway and made the report, attached.

In sum, the Planning Board found the appeal was inconsistent with the Planning Board's recommended amendment to the zoning code. The Board also found there were unique circumstances with the timing and nature of the application; however the Board agreed a better avenue for the applicant would be to file for a variance from the Board of Appeals should the zoning code be amended.

The Planning Board also reviewed the appeal in the context of the Village Comprehensive Plan and found that the proposed circular gravel driveway would be in keeping with the character of the neighborhood, consistent with the Comprehensive Plan's goal to preserve the existing neighborhood character; however the excess residential development and coverage would be inconsistent with the Comprehensive Plan's goal to preserve open space.
Village of Scarsdale

CASE #14 OF 2015
1. Report to the Village Board regarding the appeal, filed by 45 Cushman Road LLC, for relief from the moratorium on certain applications involving gravel surfaces in order to construct a gravel driveway at 45 Cushman Road; Sec. 16, Blk. 1, Lot 4

The Planning Board, at its regular meeting of August 12, 2015, discussed the appeal, filed by 45 Cushman Road LLC, for relief from the moratorium on certain applications involving gravel surfaces in order to construct a gravel driveway at 45 Cushman Road, and upon motion and duly made and seconded, adopted the following unanimously:

Background
Moratorium
The Village Board adopted a moratorium on certain applications to the land use boards and the buildings and engineering departments that involve gravel surfaces on February 10, 2015 and recently extended it until October 30, 2015. The moratorium was adopted to allow the Village time to study the issue of lot coverage and the treatment of gravel surfaces for zoning purposes. The Planning Board, with the assistance of Frederick P. Clark Associates, completed the study in June 2015 and made a recommendation to the Village Board to amend the Village zoning code to include gravel surfaces as lot coverage. A Public Hearing on the proposed amendment is scheduled for September 21, 2015.

Subject Property
45 Cushman Road, in the A-1 (1 acre) single family zoning district, is shown in the Assessor's records as 1.5 acres and was improved with a house built in 1906. The Committee for Historic Preservation found that the house had no historic significance in May 2013. The building permit for the new house was issued in June 2014 and is currently under construction. The property is located in a Sensitive Drainage Area pursuant to Chapter 254 of the Village Code.

The Board of Appeals approved special use permits for the construction of a swimming pool and sports court at the June 10, 2015 meeting. The approved plans conformed to the lot coverage requirements and show a "ribbon" driveway; namely two parallel strips running from the street to the garage.

The appeal, dated July 29, 2015, states the development plan for the property always included the house, terraces, a swimming pool, pool cabana, sports court and a circular gravel driveway. The applicant was planning to file for the special use permits for the swimming pool and sports court in February 2015 when the moratorium was adopted. The project included a gravel circular driveway which, if it were counted as lot coverage, would have exceeded the maximum permitted lot coverage.

Regulations

Local Law #2 of 2105, and Local Law # 7 of 2015, which extended the moratorium on certain applications with gravel surfaces, include an appeal provision and requires the Planning Board to report on "the effect that the prospective variance or modification would have on any proposed zoning amendment and/or the Village's Comprehensive Plan." The law gives the Planning Board 30 days to make its recommendation.

Findings

Potential effect on the proposed zoning amendment
The Planning Board discussed the application's effect on their recommendation to amend the zoning code to include gravel surfaces as lot coverage. The Board found that the appeal to construct a gravel driveway that would exceed the maximum permitted lot coverage is inconsistent with the Planning Board's recommended amendment to the Village Code. The Planning Board would not alter its recommendation as a result of this appeal.

The Planning Board also recognized that the application is unique given the temporal or timing issues described by the applicant, as well as the forethought and planning that had gone into the site's development. Based on those unique circumstances, the Board felt a more appropriate avenue for the applicant to pursue would be a variance request to the Board of Appeals, should the Village Board amend the zoning code. This is consistent with the Planning Board's recommendation that variance requests could be a likely consequence of any zoning code amendment.

Consistency with the 1994 Comprehensive Plan
The Planning Board also considered the appeal and its impact or consistency with the 1994 Comprehensive Plan. The Board found proposed circular driveway is in keeping with the neighborhood's character where some neighboring properties have gravel circular driveways, swimming pools and tennis and/or sports courts. This is consistent with one of the goals of the Comprehensive Plan, namely to preserve the villages' existing architectural character. However, the additional lot coverage and increased residential density is inconsistent with the goals regarding the preservation of open space on single family residential parcels.

It should be noted in reviewing the 1994 Comprehensive Plan, the issue of lot coverage was one of the concerns raised during the public participation process at that time. The village tightened the lot coverage regulations in 1991; however there was still a concern that "new construction and additions are creating homes too large in proportion to their lots and surrounding context". The Comprehensive Plan specifically recommended further analysis of lot coverage and pervious and impervious surfaces.