1 25 9 https://sleepyhollow.localarchives.org/files/original/a2fefed36e1dc0a667c86d30dea8c389.pdf c4eee582d7565d50b1731827caa959da PDF Text Text I Approved/with respec£^€o substance and form: Village Attorney Datj Approved by the Dated: Filed with Village Clerk Clork or Deputy Clerk Dated: ifj,-* I<J~J •'JisM 1 Date/of 4leeting �A regular Zoning Board Meeting was held on January 15,1997 at 8:00 PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591 Members Present: Robert Anello, Chairman Linda Moiron Gary McLean James Timmings, in John Morabito Absent: Nicholas Cicchetti Miguel Jiminez Also Present: James Margotta, Building Inspector Janet Gandolfo, Esq. IN THE MATTER OF ANTONIO AND LUCIA RENTA. 76 NEW BROADWAY. SLEEPY HOLLOW. NEW YORK 10591 Proof of return receipts were submitted to the Building Inspector. Mr. Sam Viera, the architect for the applicant stated that the location of the detached accessory shed is 5 V4 ft. closer to Spruce Street. The proposed plans are to make the shed in line with the existing house. A variance requires 3 ft. east of the retaining wall. There is a concrete walk used now which is not good access to the shed. The applicant is requesting a 2ft. variance. This is not a permanent structure. If it were two feet from the property line a variance would not be needed. The hardship is that the land is sloped, it is difficult to take mowers and equipment in and out. This structure would be moved not rebuilt. The hardship consists of the physical confinement. The structure has been up for 12 to 14 months. It was put up without a Building Permit. A letter was submitted to the Building Inspector by Mr. Al Williams of 11 Spruce St. (Official Minutes) stating that steel beams have been put up. Mr. Margotta stated that the applicant intended to use them as grape bars and there is no violation if they are sunk into concrete. Mr. Viera stated that there is ability to access the wall. The shed could easily be taken away in case of an emergency. Mr. William is fully aware that he can have permission to go on the property if he had to. Mr. Anello asked if this was an adverse impact or self-created. The shed was put up without a Building Permit and it would be a matter of convenience which would inconvenience the neighbors. �PUBLIC HEARING Mr. Williams of 11 Spruce Street submitted pictures to the Zoning Board, pictures of the current shed. (Official minutes). Discussion ensued regarding the height of accessory use. The wall is 2- 20ft. high. Mr. Morabito made a motion to close the Public Hearing, seconded by Mr. McLean. Motion carried unanimously. DISCUSSION Mr. Anello stated that the structure was installed without a Building Permit and also has not heard anything that satisfies the criteria. This is self- created difficulty. Mr. Morabito agreed with Mr. Anello, the shed could be turned around. It was erected without a building permit. Mr. Morabito feels that the grade is not that bad. There is no loss of square footage and it has the access of Spruce Street. Mr. Timmings agreed and stated that the applicant could turn it 90 degrees and still conform with the setback. Mr. McLean stated that Mr. Williams does have a point. There is no room between the shed and the wall to work. Mr. Williams will only be hurt. The applicant could take it down and seek a permit. Ms. Moiron stated that she feels it is self-created. Mr. Anello made a motion to deny the variance, seconded by Mr. Morabito. Motion carried unanimously. IN THE MATTER OF ELLA SCHEINWALD. 469 MUNROE AVENUE. SLEEPY HOLLOW. NEW YORK 10591. Mr. Sean McCarthy is the architect for the applicant and submitted photos of the property to the Board. The property was purchase approximately 12 years ago. The applicant would like to put an extension on the south side. This would be a extended 5 feet for additional space. Now it is being used as a playroom. To continue the existing structure the applicant would have to add 5 feet in the front. If it was proposed from the rear it would not be feasible; Adding the extension to the front would add aesthetic value. This direction seems to be the most practical space. Mr. Morabito made a motion to close the Public Hearing seconded by Mr. Timmings. Motion carried. Mr. Anello abstained. Mr. Morabito stated that he has no problem with the structure and that it will look presentable. �Mr. Morabito made a motion to grant the variance, seconded by Mr. McLean. Motion carried unanimously. IN THE MATTER OF CHRIS SKELLY. 130 NEW BROADWAY. SLEEPY HOLLOW. NEW YORK 10591 Mr. Bob Shilmay is the architect for the applicant. Mr. Shilmay stated that the applicant has a small home and would like to add a two story addition. Photos of the home were submitted to the Board. The addition is conforming. Drawings show elevations, some height and roof lines. The garage is basically in the ground. It is the existing structure that does not conform, not the addition. Mr. Ceconi of 120 New Broadway stated that the garage is one of the oldest in Webber Park. The extension would involve adding a family den, and the rear entry laundry area needs additional space. The upstairs would involve replenishing the bedroom. Mr. Mario DiFelice of 35 Gory Brook Road and Mr. Ceconi of 120 New Broadway are both in favor of the addition. Mr. Morabito made a motion to close the Public Hearing, seconded by Mr. McLean. Motion carried unanimously. Mr. Morabito made a motion to grant the variance, seconded by Mr. McLean. Motion carried unanimously. MINUTES Mr. Anello made a motion to approve the minutes of September 1996 as written, seconded by Ms. Moiron. Motion carried unanimously. Mr. Anello made a motion to approve the minutes of October 1996 as written with one correction, page two should read leeway, seconded by Mr. Morabito. Motion carried unanimously. Being no further business, Mr. Morabito made a motion to adjourn the meeting, seconded by Mr. Timmings. Motion carried unanimously. Respectfully submitted, Christine A. Zambrano Recording Secretary � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1997 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1997-01-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-1997 Date A point or period of time associated with an event in the lifecycle of the resource 1997 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/32bcb45f3fa00cd720886254888cb4b6.pdf ce82ef856c3e59feadab881baa5a6df8 PDF Text Text DUE TO LACK OF AGENDA, THERE IS NO ZONING BOARD MEETING ON WEDNESDAY, FEBRUARY 19,1997. ames Margotta/Building Inspector � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1997 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1997-02-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-1997 Date A point or period of time associated with an event in the lifecycle of the resource 1997 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/fad62298c24f7117a1cf49375d7f19f8.pdf 1fc9a0771848ebd939bc11801db15c27 PDF Text Text Approved with respect to substance and form: Attorney Approved by t h e ^onin/g Boa Chairitfan^or A c t i n g Cfra> DatedT: F i l e d with V i l l a g e Clerk -€lej.k o r Deputy C l e r k Dated: ^fi^rj f ? Dat^e of/ M e e t i n g �A regular meeting was held by the Zoning Board of Appeals on March 19,1997 at 8:00 PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Members Present: Robert Anello, Chairman Linda Moiron John Morabito Gary McLean Absent: James Timmings, III Angelo LoMoscola Miguel Jiminez Also Present: James Margotta, Building Inspector Emanuel Lobato, Esq. IN THE MATTER OF 160 CORTLANDT STREET. SLEEPY HOLLOW. NEW YORK Mr. John Sillings, Esq stated that he was standing in for Mr. Hughes who is representing Mr. Luis Muniz. Mr. Anello asked if there was a scale on the site plan in regards to parking. Mr. Sillings stated yes. The property is a non-conforming mixed-use that has two storefronts and one dwelling unit. It is also in a C-2 zone. The applicant would like to see the store stay as is and divide the space into two dwelling units. One in the basement, which is above grade and one on the second floor. Mr. Sillings stated that the lot size needs 4,000 sq.ft. and there is 37 sq.ft. The C-2 zone is referred to R-5 which is referred to R-4. The property is short 250 sq.ft. A 25ft. rear yard is needed and a 21 !4 ft. is provided. There are three parking spaces two are for the residence, one space each. The property is under two different uses and zones. The stores are small and the property is sloped. There is no curb cut. The rear area is fairly large. Mr. Anello stated that one parking space is approximately 10x18. Space one will block the second space. Discussion ensued. �*N The buildings are very close together. The neighborhood has mixed uses which predates the code. The applicant would be updating and making the building more modern. Right now the stores are vacant. The applicant's family would also be living in the building. The property is currently under contract pending the Zoning Board's approval for a two family unit. Mr. Sillings stated that the building is vacant and needs some renovating which the applicant is willing to do. This would improve the neighborhood. Mr. Anello stated that the did not understand the need for a two-family commercial residence. The issue is about increasing the density of the building. The area is very dense already. The firemen have also complained about the density and the parking in the area. Mr. Sillings stated that the two stories are very small. Customers would not be waiting. It would not be retail. The property has been on and off the market for a long time and the applicant would like to do something positive that will improve the area. The area is not maintained due to unavailable cash flow. Mr. Anello made a motion to close the Public Hearing, seconded by Mr. Morabito. Motion carried unanimously. Mr. Anello stated that as for a basis of standing he would like to see a copy of the contract. Mr. Anello also stated that there is an obligation to the Fire Department in regards to the parking in the area. The parking area would also have to be maintained. The side yards might have to be explored further. The applicant may have to lose the greenery. Mr. Anello would like to see a couple of options and would also like an enlargement of the site plan. Ms. Moiron stated that the application should be deferred. Mr. McLean stated that is the applicant has to have two units to make it work he may be paying too much. It may not be feasible. Mr. McLean is concerned about the parking in the area. -2- �* • -e Mr. Anello made a motion to defer the application until the next scheduled meeting. (April 16,1997), seconded by Mr. McLean. Motion carried unanimously. MINUTES Ms. Moiron made a motion to accept the minutes of January 15,1997 as amended, seconded by Mr. Morabito. Motion carries unanimously. (Amendment should read motion carried, with one abstention by Mr. Anello). Being no further business the meeting was adjourned. Respectfully submitted, Christine A. Zambrano Recording Secretary • -3- ^ji- r . - * ^ . . . i - * - ->,A,:,t-.ij&5,,-.-Av^^ t . - , ^ « i 4 i ^ « : ^ v ^ i ^ ^ �The following papers are submitted in support of owners' position that owners should be allowed to continue the warehouse/office use of the premises maintained by the prior owner. O'Neill, DiManno & Kelly 15 Beekman Street New York, New York 10038 Tel. (212) 267-5556 Fax (212) 227-3235 **s-*C_ ?*ii£6w*0 --^1£^^3a#%£k^ rsU-^si^^k'^ �1 O ' N E I L L , D I M A N N O 6C KELLY ATTORNEYS AT LAW 15 B E E K M A N S T R E E T N E W YORK, N E W YORK 10038-1509 G E R A L D T . DlMANNO JAMES A. KELLY, JR. CHARLES V. O'NEILL URBAN S. MULVEHILL* SAMUEL W. SANSONE JAMES P . S A U T E R " TELEPHONE (212) 267-5556 FACSIMILE (212) 227-3235 EUGENE T. M c Q U A D E (1898-1965) * A D M I T T E D IN N E W YORK A N D C O N N . April 1, 1997 • • A D M I T T E D IN N E W YORK, N E W JERSEY AND CONN. Via Facsimile (914) 631-5880 and First Class Mail Ms. Linda E. David Village Administrator Village of Sleepy Hollow 28 Beekman Street Sleepy Hollow, NY 10591 Re: 8 & 9 Kendall Avenue Sleepy Hollow, New York Dear Ms. David: Further to our conversation earlier this week, we hereby present our revised proposal for the use and occupancy of the commercial space located at 8 Kendall Avenue. After consulting with two local architects, the Hechts (owner) and North Eastern Tree Care Inc. (tenant) have determined that neither one can finance the cost of renovating the premises in a manner envisioned by the tenant and in compliance with current building code and regulations. However, the tenant and owner agree that they could continue their relationship if there is an understanding as to the use of the premises as it exists by the owner and the tenant. The commercial premises consists of a large warehouse space that is divided more or less into two sections (one-third, two-thirds split) and a small office area carved out of the larger warehouse section (diagram attached). This use of the premises is a continuation of the previous owner's (KALL Development Inc.) use of the premises until shortly before the transfer of the premises to the Hechts, as evidenced by its letter to Mr. Hecht dated March 24, 1997. The owner intends to use the small section of the warehouse space as a storage and drop-off/pick-up facility for finished beauty care products he distributes to salons and other beauty care professionals. The owner currently manufactures the beauty products in Bergen County, New Jersey and Queens County, New York, maintains an office in his home in Greenburgh, New York, and intends to continue the business operations in this fashion for the foreseeable future. �O'NEILL, DIMANNO & KELLY % The tenant intends to use the large section of the warehouse and the adjoining office space as a home base for its residential tree care business. The warehouse will be used to store the company's two vehicles as well as tools of the trade (hoses, nozzles, and liquid injecting tools for treating tree root systems). The other tools and equipment used in the operation of the business are permanently affixed to the vehicles and not stored separately. In addition, the vehicles are 1996 and 1997 models that are currently under extending repair warranties. The mechanical servicing of the vehicles will be accomplished at the Chevrolet dealership from which they were purchased, and not at the premises. The adjoining office area will be used by the tenant's six employees (one being a full time secretary) primarily for housing the office computer and telephone systems. The company requires a home base for a meeting place and a location to place on their business cards and literature. Generally, everyone convenes at the office around 8:30 A.M. for a morning preparatory meeting. By 9:00 A.M. everyone but the secretary is dispatched to the homes of customers in order to complete the company's on site location work. The company's policy is to complete all on-site work prior to dusk, then return to the office for an end of the day meeting. The company then places business calls to return message and to promote new business. Generally, this aspect of the business is completed between 7:00 P. M. and 8:00 P.M. However, we have been informed that the latest night for the tenant last year was 10:00 P.M.(and that occurred only once). The intended use of the premises will not create a burden upon the neighborhood in terms of parking or traffic flow. The tenant's three employees live together, and consequently will car pool together. Moveover, the company does not intend to invite customers to visit the office. The owner will be using the existing loading zone for pick-up and delivery of their beauty products, and since the owner has its office off premises, will not overburden the current parking situation. The owner has specifically provided that the tenant may use the parking area located across the street from the warehouse at 9 Kendall Avenue for off street parking, further minimizing the impact of additional vehicles on existing residential parking in the area. In light of the foregoing, we respectfully request that the continued use of the premises be allowed to the owner and tenant Your kind consideration with respect to this letter is greatly appreciated. Very truly yours, JPS:jc enc. ,»:, --^•---V-irs.iiii-.SJr^l^ifei.^^ �t KALL DEVELOPMENT. INC. 322 River Road Scarborough. New York 10510 March 24, 1997 Mr. Gordon Hccht 30 Durham Road White Plain, New York 10607 Re: 8 Kendall Avenue Sleepy Hollow, New York Dear Mr. Hecht: • This letter will serve as confirmation that Kail Development. Inc. utilized the premises known as 8 Kendall Avenue as a warehouse continuously until a few days prior to the transfer of title to you on September 26, 1996. Very truly yours, Kail Development, Inc. ^>^^>^-^L^L.-5*~ Lynn Luberger President I - ..--iiv.- - . - ^ ^ . ^ j ^ - ^ - i s i ^ �13:10 S1494167E2 I t 1 • - — f- t -»•*> » . • - i-ior. LUBERGER DISTRIBUTORS, INC. 322 RIVER ROAD SCARBOROUGH, NEW YORK 10510 March 24, 1997 Mr. Gordon Hccht 30 Durham Road White Plains, N.Y. 10607 • Re: 9 Kendall Avenue Sleepy Hollow, New York Dear Mr. Hecht: This letter will seve as confirmation that Luberger Distributors, Inc. utilized the parcel known as 9 Kendall Avenue as a parking area for trucks and other vehicles from time-to-time until a few days prior to the transfer of title to you on September 26, 1996. Very truly yours, Luberger Distributors, Inc. ** t Lynn Luberger President .-.lAA-J^^l F^jE^feVweVw*3fef4*if **&AL-V i^jg^if£^<^^&!^'ti^i^sa^a^t^^JS^sesiik^!^nMS^^ i >-b.:^-w«eiB-fi-£ "i^^feSsasS �P. 01 IM 'N * U., ««...tly /vy &> ^ i 4/ I T � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1997 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1997-03-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-1997 Date A point or period of time associated with an event in the lifecycle of the resource 1997 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/9085485580fd6fda496d557f266a179d.pdf 631522ba3b7492ee1cd69d7c6ad88270 PDF Text Text A regular meeting of the Zoning Board of Appeals was held on April 16, 1997 at 8:00 PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591 MEMBERS PRESENT: Robert Anello, Chairman Linda Moiron John Morabito Miguel Jiminez Angelo LoMoscolo ALSO PRESENT: James Margotta, Building Inspector Janet Gandolfo, Esq. ABSENT: James Timmings, III Elliot Martone IN THE MATTER OF 160 CORTLANDT STREET, SLEEPY HOLLOW, NEW YORK 10591 (Continued) Mr. Hughes who represents the applicant submitted new parking plans and a contract of sale to the Board. Mr. Hughes said that the proposed curb cut does not result in a loss of metered parking. The meter has to be moved to the north. No curb cut exists on the Cortlandt Street side. Mr. Jiminez stated that anything would be better than what is on the property now. The parking on one side is larger, the space is 19 x 9. On the Depeyster Street side the space is smaller. Ms. Gandolfo stated that the parking space only needs to be 9 xl8. Mr. Anello stated that the back area needs to be re-constructed. A lot of grading would have to be done. Mr. Anello asked whether because the back needs to be reconstructed, a 5-6 foot grade cut would be necessary. Mr. Hughes stated yes. Mr. Margotta stated that the parking spaces could be difficult but they meet the requirements. The driveway is 10 feet wide. Mr. Anello stated that parking is a major issue in that neighborhood. Mr. Jiminez stated that if they use every square inch of the property, the parking on the street should be all right. �Mr. Anello stated that the traffic flow is the way it is because the driveway is very narrow. There should be an easy traffic flow going one way. If the reconstructed wall was smaller the applicant might be able to make the parking spots on the Depeyster Street side larger. Mr. Hughes stated that when the escavation is done the grade may be steep. Mr. Margotta stated that if the planting areas were smaller two parking spots could possibly be larger. The sizes of spaces one and two do not qualify under the code. Four spots could be built but the applicant would like to provide five. Under the current Zoning Code variances would be conforming needed to put four different units into a small piece of property. Mr. Jiminez stated that the applicant wants to do something positive. Mr. Morabito stated that if the planter were to be cut down there would be 36 ft. for parking. If it were cut to five feet you would be able to fit two more cars. The question was raised "does anyone have a concern with four units in building?" Mr. Jiminez stated that this is a tiny store. Most storefront rents are high because they're large. Mr. Morabito stated that he was in the property. The applicant has to put more money in and needs the three rentals to re-coup his money. Mr. Anello has not seen the reason the applicant should be doing it. In the past the fire department has wanted a limit on the increase in traffic. Discussion ensued. The only hardship to the owner is the desire to get more money for his property and for the applicant the desire is to get more rent. Mr. Hughes stated that this is a classic case of non conforming use. Economic hardship is irrelevant under area variance requirements. Discussion ensued on the impact of the community and having and not having benefits. Mr. Anello asked the reason the applicant wants to improve the property in this fashion. To expand a nonconforming use requires a reason, it would be hi violation of area variance rules. �Mr. Hughes stated that the benefit is the use of the property. The property has been on the market for a long period of time. There wouldn't be a hardship because the buyer would back out. Mr. Jiminez stated that he feels everything is okay. Mr. Hughes stated that he can presentfinancialdata. Mr. Hughes said a request for an area variance does not get into economic analysis. Mr. Anello stated that he would like to see the economic reasons why an increase in units is necessary including the need for additional rent. Mr. Hughes questions this value of such an exercise. Mr. Anello feels this is valuable. Mr. Lomoscolo stated that there is a benefit to the applicant and/or a detriment to the community. The parking situation may be beneficial. Mr. Lomoscolo does not see too much detriment to the Village. Mr. Jiminez stated that the house has been a two family, illegal or not, there was one upstairs and downstairs. Mr. Anello stated that it doesn't meet four of the setback issues but is happy with the parking spaces. Mr. Hughes can compute the income. Mr. Anello stated that if this was granted, it would be without reason therefore he believes it could not be justified. Mr. Lomoscolo stated the Board has the right to require a justification. The necessity of economic justification and a need for a variance usually includes economic reasons. The need usually translates into some economics. Mr. Morabito stated that this application stands on it's own feet and thinks it should be a go 100%. The applicant can remove the planter and put two parking spaces . Mr. Lomoscolo feels it would not be fair if he voted, because he wasn't at the earlier meeting, he would have to abstain. Mr. Anello feels that a variance cannot be given without a basis. Mr. Hughes stated that he would like to have this application adjourned and continued at the next meeting which will allow time to gather the numbers. —3- -.:VtiA-• ~~z-'"':>:«-; :>> .•*^-^^:&±x&*&&tt^^jC-iiJ&cii<2r&i*.^3,~^~ r ±*^>Aj^^iSsjA%%&±jitsi£i �Mr. Anello made a motion to adjourn this application until next months meeting, seconded by Mr. Lomoscolo. Motion carried unanimously. MINUTES Mr. Anello made a motion to accept the minutes of March 19,1997 as written, except for changing one typographical error, seconded by Mi .Morabito. Motion carried unanimously. Being no further business, the meeting was adjourned. Respectfully submitted, Christine Zambrano Recording Secretary -4- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1997 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1997-04-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-1997 Date A point or period of time associated with an event in the lifecycle of the resource 1997 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/469f3bd8ffc2509d84f2dfaaa318b5bb.pdf a9621f4701377a826ac63a678e48bd3e PDF Text Text A regular meeting of the Zoning Board of Appeals was held on May 21, 1997 at 8:00 PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591 Members Present: Also Present: Robert Anello, Chairman Linda Moiron John Morabito Eliot Martone Miguel Jiminez Angelo LoMoscolo James Timmings, HI James Margotta, Building Inspector Janet Gandolfo, Esq. IN THE MATTER OF 160 CORTLANDT STREET. SLEEPY HOLLOW. NEW YORK 10591 Mr. Hughes, Esq. asked for a one month adjournment. With respect to the parking plan, there are doubts for feasibility. The Zoning Board had no objections and agreed to Mr. Hughes request. IN THE MATTER OF 358 NORTH BROADWAY. SLEEPY HOLLOW. NEW YORK 10591 Mr. Anello stated that a number of letters were received by the public concerning the above matter. Mr. Hughes stated that his presentation was brief because his client is withdrawing the application for variances. Mr. Hughes also stated that the application should be submitted to the Planning Boardfirst,to apply for variances at this time is premature. Mr. Anello stated that there was concern about whether or not the building was or is 50% destroyed. Mr. Hughes stated that the intention is not to proceed and that his client has been stopped. At this point during the meeting Mr. Anello read a letter by Jim Carlin and the Sleepy Hollow Society (in official minutes). The Zoning Board at this time allowed informal comments. Mr. Carlin asked if this monstrosity (frame) should be taken down. Mr. Anello stated that it is up to the building inspector not the Zoning Board. �Mr. Caetano stated that two other good structures were built on Route 9 and that we are not here to satisfy certain groups of people, but the community as a whole. Mr. Shibetti stated that the building will look good and it will bring taxes into the Village. The Rodrigues family puts up good buildings. Mr. Piano, president of the Philipse Manor Improvement Association read a letter concerning this project, (in official minutes). Mr. Weiss of 2 Terrace Close stated that procedure is very important. The building is excessive for the site. Mr. Shere of 63 Fremont Road stated that when looking at future plans for someone who is using the site, the parking lot abuts the property which is already being used. Mr. Anello stated that due process and procedure will be followed before everything is done. Mr. LoMoscolo stated that this is a lengthy process. Philipse Plaza was a benefit, the redevelopment of the whole area is a good step. Mr. Rodriques should be commended. There may be a way to improve parking, Mr. Rodrique has made significant efforts in the past. JN THE MATTER OF 90 HOWARD STREET. SLEEPY HOLLOW, NEW YORK 10591 The residents of 90 Howard Street would like to put an addition onto the house. It was once a single family home and changed into a two family. It is too small. The home has been given two family designation, they would just like the addition for extra space. A setback is what is needed for the front yard. Other homes in the neighborhood have the same front yard. Mr. Morabito made a motion to close the public hearing, seconded by Mr. Martone. Motion carried unanimously. DISCUSSION Mr. Timmings stated that it would legalize the front yard and it does not raise any parking issues. Mr. Jiminez made a motion to grant the variance, seconded by Mr. Morabito. Motion carried unanimously. -2- �IN THE MATTER 17 CONTINENTAL STREET. SLEEPY HOLLOW. NEW YORK 10591 Mr. Hughes stated that Mr. Peter Galocky has passed away. He owned the property since the 1930's. It is under contract. This property is pre existing -non-conforming use. In reviewing the tax assessment card, it shows a two family use and no building permit showing any type of change. The property does not meet the first zoning code dated 1946. This 1920 style property fits within the use. Some letters have been providedfrompeople who are familiar with the property. They know that the property has been used as a three family in the past. Mr. Morabito stated that he used to live 50 feet near the property and it has always been a three family. Mr. Pat Guzzano of 3 Pleasant Street stated that since it is a three family there will be more cars. This area has a lot of multi dwelling units. Mr. Morabito made a motion to close the public hearing, seconded by Mr. Timmings. Motion carried unanimously. Mr. Morabito stated that is has been a three familyfromthe 1940's on, he feels there is no reason to deny this application. Mr. Morabito made a motion that this application be granted, seconded by Mr. Timmings. Motion carried unanimously. 10591 IN THE MATTER OF 106 DEPEYSTER STREET. SLEEPY HOLLOW. NEW YORK Mr. Turnquist the architect for the applicant showed plans to the Board. The building on the corner of Depeyster and Cortlandt Street is gutted. The walls andfloorsare in good shape. The applicant would like to rehabilitate the buildingfroma rooming house to a legal seven family residence which requires variancesfromthe Zoning Board. Originally it was a six family house converted illegally to a rooming house. Mr. Anello asked when did this happen. Mr. Margotta stated at least ten years. Mr. Turnquist explained the working plan with existing partisans. Density and width are lacked. Parking on the side is not feasible because the dumpsters are there. The brick will be redone, it will have an awning and a new window dress and there is all stone masonry. -3- �Mr. Martone asked if there was a handicap parking spot. There is one near the church. The apartment would be handicap accessible. The garbage dumpster could not be put on the back because thefireescape that's there actually over hangs someone else's property. Mr. Burns of Depeyster Street stated that he commends Mr. Rodriques re building the property, but there is no parking in the area. Also McCarthy taxi have more cars and take up a lot of spaces. If the taxi service was revamped it would make it a little easier. Ms.Gandolfo asked if state code requires handicap parking. Mr. Margotta said no, applicants would have to come to the village board. Mr. Morabito made a motion to close the public hearing, seconded by Mr. Timmings. Motion carried unanimously. DISCUSSION Mr. Lomoscolo stated that if the building was used for retail, there would be a greater parking requirement. Some of the Village areas are like Manhattan instead of suburban Westchester. Mr. Anello stated that he is in favor of the rehabilitation, but every time an applicant has a parking problem it is let go. The neighborhood is in need of more parking. The Fire Department has complained that the street is over conjested. Mr. Morabito asked what was done before thefirewhen there were 29 rooming houses? There is no reason to ask this man for parking. Mr. Jiminez believes that he should come up with some parking. Mr. Timmings agrees that he is an accomplished developer and should be able to come up with some parking. Mr. Anello stated that if this is afinancialneed he needs to see the numbers he does not see what the hardship is. He would have liked to see the cost of the construction, rentals, etc. It has been asked for in the passed. Discussion ensued. Mr. Morabito stated that he did not understand asking for economical need. It should only matter if it meets the Zoning Code requirement. This building has been in existence for 75 years, and there was no parking before. Right now the building is an eye sore. Mr. Rodriques asked if the board would consider six apartments instead of seven. The application can be reduced. -4. �Mr. Jiminez stated that six families are fine. Ms. Moiron asked if the handicap apartment was deleted will any of the six apartments be handicap accessible? No. Thefirstfloorwould be used for storage and laundry. Mr. Timmings feels that it does not make sense to change itfrom7 to six families. Discussion Ensued. Mr. Martone stated that he would like to see afinancialand parking plan. Mr. Morabito stated that he doesn't know why all this economic information is needed. He would still have problems with parking no matter what. Mr. Martone stated that the board represents the laws on the books in regard to zoning. Economics is brought up by the applicant, which the applicant made a condition for the variance. We would like to see the requirement for the hardship. Discussion ensued. Mr. Morabito made a motion to grant the variance for six units, making the seventh unit as a storage and laundry room and meet the approvals by the Architectural Review Board., seconded by Mr. Jiminez. Motion carried 5-2. with Mr. Timmings and Ms.Moiron opposing. IN THE MATTER OF 139 CORTLANPT STREET. SLEEPY HOLLOW, NEW YORK 10591 ( Mr. Jiminez who is a member of the Zoning Board abstains from all zoning board discussions and votes.) Mr. Ron Turnquist the architect for the applicant presented the Board with very schematic documents. The intent is to put parking behind the building so it will be the setback requirement. It does meeting the parking setback for residential multi dwelling. Mr. Turnquist explained the schematic plants of the dwelling units. Some of the parking spaces are compact spaces. There is vacant property to create additional parking by escavating anew retaining wall and taking down a garage. The applicant would use this property if there were no other choices. The problem may arise when merging two lot together. Additional variances will be needed. The lot coverage would be different. Thefrontyard is still 5ft. Nothing else has changed. To sell the property the applicant would have had to file a deed restriction with the land records office. �Mr. Jiminez would like to stay with the original drawing. Mr. Anello stated that he would not grant a variance for a new structure, it would increase the parking problem. The new plans have more justification but it may hurt the applicant future and who was not aware of the consequences. The Board now referred to the original plan. Mr. Hyland of Depeyster Street asked if there has been an intent to make a traffic impact study? The area is congested. Mr. Anello stated that the Planning Board would do the traffic study and the Environmental Impact Statement. Mr. Morabito made a motion to close the public hearing, seconded by Mr.Timmings. Motion carried unanimously. DISCUSSION Mr. Anello stated that there is no basis to let a new building go up given what everyone has said in the past. Mr. Jiminez stated that so many variances in the past have been granted. He is thefirstto offer additional parking. He was not aware of the consequences. At this point during the meeting Mr. Lomoscolo, Mr. Jiminez and Mr. Turnquist were discussing new plans to meet more of the parking requirement. Suggesting that the lines be redrawn. Discussion ensued. The applicant requested for an adjournment at this time. Mr. Morabito made a motion to accept the applicants decision for an adjournment, seconded by Ms.Moiron. Motion carried unanimously. MINUTES A motion was made by Ms. Gaylin to approve the April 16,1997 minutes as amended, seconded by Mr. Cicchetti. Motion carried unanimously. A motion was made by Ms. Gaylin to approve the minutes of March 19, 1997, seconded by Mr. Caetano. Motion carried unanimously. Being no further business, the meeting was adjourned. Respectfully submitted, Christine Zambrancr Recording Secretary � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1997 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1997-05-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-1997 Date A point or period of time associated with an event in the lifecycle of the resource 1997 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/8beb95bb463580f582baea237c68762b.pdf d0abd29683dd136bc659a07726bd3786 PDF Text Text A regular meetingprihe Zoning Board of Appeals was held on June*! 8, 1997 at 8:00 PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591 Merrjbers Present: Robert Anello, Chairman ^~— Linda Moiron Eliot Martone James Timmings, III Miguel Jiminez Also Present: James Margotta, Building Inspector Janet Gandolfo, Esq. IN THE MATTER OF 160 CORTLANDT STREET. SLEEPY HOLLOW, NEW YORK 10591 Mr. Anello stated the attorney for Mr. Muniz, the applicant, could not attend the meeting. Therefore, if there were no objections, he asked for an adjournment. The Zoning Board had no objections and agreed to the request. IN THE MATTER OF 8 AND 9 KENDALL AVENUE. SLEEPY HOLLOW. NEW YORK 10591 Mr. Anello stated it is his understanding that the applicant is seeking a decision stating that this property does not need a variance or variances due to the grandfather clause. Mr. Barstow, the architect for the applicants stated his clients should ndfneeci variances because they are requesting the building be granted the grandfather clause for continued use under the former owners, the Lubergers. Mr. Barstow presented letters from the Lubergers regarding the former use on the premises. Mr. Margotta stated that when the Lubergers had the property, it was a retail/wholesale establishment and now the applicants want to use it as a warehouse facility. Mr. Margotta also stated it is a totally different use and you need variances and the grandfather clause is irrelevant. Mr. Barstow stated that they are proposing a continued status of occupancy for the storage, front office and 2nd floor apartment. Mr. Margotta reiterated that the Lubergers was non-conforming use and this is a different type of non-conforming use. �Mr. Anello stated the public notice addresses several areas of issues, one being the parking area being used as a storage facility and the building plans shows the current permitted use is a C-2 and the request is M. Ms. Gandolfo stated that the applicants must show proof of the continued use at the premises and if the board is not convinced of this continued use then they must consider these variances. Mr. Anello stated that another issue of changing the use for the C-2 zone should be considered. Ms. Gandolfo stated it was previously discussed with Mr. Barstow the three areas of use are the office area, residential area and the storage area. Discussion ensued. Mr. Sauder, the attorney for the applicants, stated that his clients will be warehousing beauty care products which is similar to the use of Lubergers warehousing beer products. Mr. Sauder also stated the front of the building was used as a small office space and the 2nd floor was a residential apartment. And that for the past four years it has been the same tenants occupying the apartment. Mr. Anello asked what proof can be in support for these claims. Mr. Hecht, the applicant, presented copies of letters from the Lubergers. Mr. Anello asked if that was all the proof they had to offer for what the previous use of the premises. Mr. Barstow requested to continue to gather more information and affidavits to pursue the non-conforming use issue. Discussion ensued. Mr. Anello asked what they wanted to continue for use. Mr. Barstow stated the areas of use on the premises was for the storage, a small front office and the 2nd floor apartment. No customers or retail activity will occur. Mr. Hecht stated the storage/warehouse area is partially used by a tree care company. Trucks will be stored there as well as 1 weeks supply of organic chemicals. Mr. Hecht also stated from the end of October to the end of March, no chemicals will be stored at all. Ms. Gandolfo asked it they have checked the state for any provisions for storing these materials. Mr. Hecht responded that they are organic and biodegradable products and thus not considered hazardous. Ms. Gandolfo asked how many trucks did Luberger store. Mr. Hecht said some vans and trucks and the tree company will have 2 trucks only. Mr. Hecht stated the premises will be used to store shampoos and conditioners, the premises was a transitional point for the finished beauty �products. These products would then be shipped out from there to distributors. Mr. Margotta asked what size trucks would be used. Mr. Hecht said trailer trucks. Ms. Moiron asked how the trucks manage to come down the narrow Kendalll Avenue with parking on both sides. Mr Hecht stated they have a loading zone and the trucks have room to move down the street. The matter was now opened for the public. Ms. McDonough of 23 Kendall Avenue stated that when the Lubergers had the property everything was done behind the residents backs and that there was always a problems with the trucks. She cited an incident that occurred that afternoon, the truck was driving very rapidly down the street as children were playing nearby. She voiced her concerns for the water being used while the trucks were being washed down. Mr. Silba of 13 Kendall Avenue claims he never received a notice. Mr. Margotta would check the return receipts. Mr. Silba is also concerned about the chemicals in the water. Can the applicants prove the chemicals are not dangerous. Ms. Legro of 11 Kendall Avenue stated that no one lives in the upstairs apartment and the parking and noise at night are becoming more of a problem. DISCUSSION Mr Margotta asked Ms. Gandolfo if something could be worked out with providing designated loading zone hours with specific days and times. Ms. Gandolfo said yes. Mr. Anello stated that his matter should continue for next month. To show proof of continious use for certificate of occupancy to prevail under the nonconforming use issue. If they cannot satisfy the board then will have to seek variances. Mr. Jiminez asked what would be the hours of operation. Mr. Hecht said Monday-Friday, 9-5 PM. but under certain emergency situations a offhours delivery could occur. Mr. Anello reiterated that the applicant needed to provide more information and to address the 2 businesses in one building as oppose to the Lubergers one , at the next meeting. �IN THE MATTER OF 139 CORTLANPT STREET. SLEEPY HOLLOW. NEW YORK 10591 (Mr. Jiminez whi is a member of the Zoning Board abstains from all zoning board discussions and votes) An informal discussion took place since the plans have changed so much and the validity of the legal notice was in question. Ms. Gandolfo stated that the building of 2 retail stores have changed and a new legal notice must be done to inform the public on the new revisions. If Mr. Jiminez would like to present this to the Zoning Board now and next month the legal notice would be issued for a public hearing. Mr. Jiminez was not aware a new legal notice was necessary and stated that is is the same property just scaled down but it is still moving in the same direction. It is now two retail stores and 2 residential apartments. Mr. Tumquist, the architect for the applicant presented the board with a revised schematic documents. The documents reflected 2 principle buildings on 1 property. Ms. Gandolfo expressed concern on what the regulations are applying to Planned Development. Ms. Gandolfo also stated the only thing in our code is the definition for Planned Development. Discussion ensued. Mr. Margotta stated the applicant should go back to the Planning Board for another preliminary hearing review then would go before the Zoning Board for the variances. Minutes A motion was made by Mr. Timmings to approve the May 21,1997 minutes, second by Ms. Moiron. Motion carried unanimously. Being no further business, the meeting was adjourned. Respectfully submitted, Madona Mariano Recording Secretary � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1997 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1997-06-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-1997 Date A point or period of time associated with an event in the lifecycle of the resource 1997 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/b8d41374a0d7b5b3f36b66718a98f553.pdf d86b8b302d27e87c664826010a48e8a3 PDF Text Text X t ApproveeO with resffect to substance and form: Village Attorney Date&: • Approved by £he/Zon, Filed with Village Clerk "Crerk—or Deputy Clerk Dated: t Xfafrf- M in, Hkl Date of Meeting r.ii--,t.-, JW*W_4*JS«*if A"- «* 1111 .V#,K>«t»3^^.iaiiM^^ �A regular meeting of the Zoning Board of Appeals was held on July 17, 1997 at 8:00 PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591 Members Present: Robert Anello, Chairman Linda Moiron Eliot Martone John Morabito Miguel Jiminez Angelo Lomoscolo Absent: James Timmings, III Also Present: James Margotta, Building Inspector Janet Gandolfo, Esq. IN THE MATTER OF 9 FREMONT ROAD, SLEEPY HOLLOW, NY Ms. Judy Hefferon explains the proposed front porch doesn't affect the required front yard setback. Mr. Anello read a letter from the Sleepy Hollow Manor Association stating their approval of the proposed porch. There were no public comments. A motion was made by Mr. Morabito to close the public comments, seconded by Ms. Moiron, motion carried. Mr. Jiminez made a motion to grant the variance for the proposed front porch, Mr. Morabito seconded the motion, motion carried unanimously. IN THE MATTER OF 10 CEDAR STREET, SLEEPY HOLLOW, NY Mr. Ralph Bettman, the attorney representing Mr. and Mrs. Amador Fragoso, presented a timeline of the homeowners for the premises. Since 1937 the property has been used as a two family house. This is according to Margaret Sciancalepore, whose parents, Angelo and Felicetta DeNatale, in that year so converted the house. Mr. Bettman submitted Mrs. Sciancalepore's Affidavit. Therefore, according to Mr. Bettman, the premises as a two family dwelling should be declared "grandfathered" as a legal non-^nforrning use. Mr. Anello asked how many meters were located outside the house. Mr. Fragoso responded that there are 3 meters, 1 for each apartment and 1 for the basement. The matter was open for public comments. Mr. Armando Verspacho, 11 Cedar Street, remarked the premises is really used as a three or four family dwelling not only a two family. �Ms. Katherine Roland, 16 Cedar Street, expressed concern that the garage is being used as a private club house and loud noises can be heard at times. She also said the police have been called to investigate these occurences. Mr. Margotta said the house will be inspected and about 3-4 years ago a tenant used to live in the basement. Mr. Fragoso stated the basement is used as a recreation room now not as a living quarters. Mr. Lomoscolo commented that the documention presented support the grandfathering issue. However, after hearing the public comments, the board should defer the applicants request until after the building has been inspected. Mr. Bettman stated the adjournment would be flnacially detrimental to his clients. A discussion ensued regarding whether the proper notification procedures may have occurred. Mr. Jiminez made a motion to close the public comments, seconded by Mr. Martone, motion carried. Discussion Ms. Gandolfo said that since the premise possibly are not being used legally. The board could adjourn the proceedings to permit the Building Inspector to investigate the matter. Ms. Gandolfo also suggested that the affidavits should be reviewed to determine if they are up to date. Mr. Bettman responded that the affidavits are up to date. Mr. Lomoscolo commented that since the public have made claims to contradict the applicant, the board should defer until next month. Since 11 Cedar Street residents were not properly notified of the hearing, maybe other residents were neglected as well. Mr. Anello made a motion to adjourn the applicants request for next months meeting, seconded by Mr. Jiminez, motion carried. JN THE MATTER OF 358 NORTH BROADWAY, SLEEPY HOLLOW, NY Mr. Hughes, representing Mr. Antonio Rodrigues, gave a brief description of the project. He referred to the LWRP describing the surrounding area dominated by automobile storefronts. This reflects the Village's desire to encourage these parcels to be developed as storefronts. Mr. Hughes commented that the intended use of the said premises will only enhance the area. �Mr. Hughes explained the plans reflect a 7' setback for thefirstfloor,and the second floors setback will be close to the property linje. Mr. Anello commented that the rear yard setback requires a 20' setback in addition to the 5' landscape buffer area required. The plans only show a rear yard setback of 10', making the difference 15'. The matter was open for public comments. Mr. Jack, a local resident, stated that this opportunity will only enhance the look of the neighborhood. Mr. Edwards, a local resident, commented that the project is located in the heart of the historic area and it's out of context. The "monstrosity" is not within the framework of the type of tourism we want to encourage. Mr. Corriea, 28 Chestnut Street, said Mr. Rodrigues is a "one man army" raising our economy and the Village is just hindering him. Ms. Carlin, 38 Palmer Avenue, stated the building is too large. Mr. Castro, 335 No. Broadway (Amoco Station), commented the Village is hindering Mr. Rodriguesfrombringing in more tourism. Mr. Weiss, President of the Sleepy Hollow Manor Association, 2 Terrace Close, opposed the variances and said the Village should not make the same mistake again by permitting non-conforming structures on Route 9, and should move forward towards the future. Mr. Caetano, 43 Lawrence Avenue, remarked that the plans submitted have been approved by the Building department already. Mr. Ferrer, 47 Palmer Avenue, stated that there are other problems on Beekman Avenue the Village should be addressing. Ms. McDonough, a Kendall Avenue resident, compared this situation to the former Lubergers property. The property was granted variances in the beginning and the neighborhood is still being affected. Mr. Grotto, 23 No. Washington Street, stated Mr. Rodrigues is just trying to improve the Village. Mr. Morabito made a motion to close the public comments, seconded by Mr. Martone, motion carried. Discussion �Mr. Lomoscolo commented that this building is not the first place to start for the redevelopment of Route 9. We need to talk about what will happen to the whole street. Mr. Anello stated the Planning Board needs to look at how the building is layed out. Mr. Morabito commented that the building is not a monstrosity and the Village has no vision. He also stated that Mr. Rodrigues is paying taxes on land that is not generating any income and Mr. Rodrigues has been before the board too many times. Mr. Margotta stated that the property north of Mr. Rodrigues is shallow and has retaining walls but in practicality it can't meet the setback requirements. Mr. Anello remarked that Mr. Rodrigues needs a reaon to substantiate the front setback variance of T. This front setback is a big issue. He also commented that Mr. Rodrigues1 other buildings did comply with the variances and is not being "mistreated" by the Village. Discussion ensued. Mr. Martone stated that the applicant should come back with a new front setback and change the configuration of the building. Mr. Jiminez remarked that the applicant should return with a new proposal and the intent for the premises is a good project. Mr. Jiminez made a motion to adjourn the matter until next month with an economic analysis, seconded by Mr. Lomoscolo. Motion carried. IN THE MATTER OF 143 NEW BROADWAY, SLEEPY HOLLOW, NY Ms. Graca presented a photo of the premises and requested the ability to convert it into a two family dwelling in compliance with the R-4 zoning codes. The drawings indicate that there is a front yard setback of 13' and on the north, there is no side yard. R-4 district residences are required to have a 20' front yard and one side yard required to be a minimum of 3ft. Ms. Graca remarked the distances between the two houses are not unexceptable. Mr. Margotta explained that the house is on two lots, lot 21 and lot 22, each being 20ft wide and 100ft deep. Ms. Graca also owns the two adjacent lots to be used for another purpose. Mr. Anello stated the applicant is required to show on the plans the designated parking area. Ms. Graca responded that she has 45ft in the backyard and a garage. The area in front of the garage is the only area that is currently paved. Mr. Anello asked what the reasons were for the conversion. Ms. Graca stated that due to economic factors, it is notfinanciallyfeasible to keep the house under the current �conditions. Mr. Anello asked what the purchase price of the house and lot. Ms. Graca disclosed the purchase price as $210,000.00. Ms. Gandolfo commented that part of the application is to prove hardship as a the reason for the variance requested. Discussion ensued. The matter was open for public comments. Mr. Mark Nisbinis, 148 New Broadway, asked if the public could have time to look at the plans proposed. After reveiwing the plans, Mr. Nisbinis expressed concern if the property is converted to a two family and then next door another two family dwelling is constructed, the area will be very dense. Ms. Karen Kuleem, 149 New Broadway, is a single family homeowner and is concerned about the street parking situation now and in the future. Mr. Jiminez made a motion to close the public comments, seconded by Mr. Morabito, motion carried. Discussion Mr. Anello pointed out that parking is not indicated on the plans. Ms. Graca remarked that the 45ft in the backyard will be adequate for parking. Ms. Gandolfo commented that the parking must be on the site plans before approval of the variances. Mr. Margotta stated that under the code there is no need to pave the area, just putting gravel down will suffice. Mr. Jiminez suggested that a variance be granted under the conditions that proof be presented to the building inpector that a paved gravel for parking requirements will exist. Mr. Anello remarked that the applicant did not provide a real reason for the variance since it is not a real loss to keep the house under the current conditions. Mr. Martone if it remained as a one family house, what would the rent be. Ms. Graca responded that the rent would not even pay for the taxes on the house. Mr. Anello commented that the applicant needs to prove the economic hardship as a reason by submitting a financial analysis to substantiate the why it is not economically feasible to keep the house as a one family dwelling. Mr. Martone made a motion to adjourn the matter until next month with a financial breakdown to prove hardship and plans reflecting adequate parking., Mr. Jiminez seconded the motion. Motion carried. IN THE MATTER OF 160 CORTLANDT STREET, SLEEPY HOLLOW, NY �1 *ss?i « IP Mr. Jiminez made a motion to grant the adjournment, seconded by Mr. Martone, motion carried. 'it*.- ^ IN THE MATTER OF 8 KENDALL AVENUE. SLEEPY HOLLOW. mm- NY ^|||; SplK;.* #p-f «Bu Mr. Barstow, the architect for the applicant Mr. Hecht, explained his clients request to withdraw their previous application seeking continuing use variance under the grandfather clause. His clients are seeking approval for the area and parking variances listed 1-6 on the legal notice. |||t||J^ ^ijffe fc ^ Mr. Barstow commented that the parking plan reflects apaved lot across the street which should be ample to meet the parking requirements. The plans also show a loading zone which is required. Ifll^ti Mr. Anello stated that from the last meeting one of the major concerns were the hours of operation. Since the property will house two businesses, a beauty supply facility and a tree care business, the need for some type of restrictions needed to be addressed. Mr. Hecht responded that if he could, the business would run 79PM, six days a week. Discussion ensued. g||^|: JP ._. IpfSB IS 1 : sSi?/SS> H« «S?<.-> t:M fi rtVc- Mr. Barstow described how he and Ms. Gandolfo, arrived at the number of parking spaces required for the premises. Ms. Gandolfo gave the breakdowniand arrived that possibly 7-8 parking may be needed. Mr. Anello questioned the labeling of the premises as a warehouse facility versus a commercial facility. Mr. Barstow responded that under NYS, the storage of vehicles is considered a warehouse facility. He also stated that regardless of whether the property is considered industrial or commercial; the parking requirements do not change. Discussion ensued. Ms. Moiron asked about the request from last meeting of a material analysis for the tree companies chemicals being stored. Mr. Hecht submitted the material safety data sheets (see attached). Mr. Hecht explained the procedure used by the tree company trucks on the site. The powder chemicals are mixed with water inside the trucks themselves. Mr. Jiminez asked how often the trucks are inspected the NYS. Mr. Hecht responded that the trucks are inspected yearly and the drivers are properly licensed. Ms. Gandolfo asked if a permit from the state is needed for the storage of pesticides and who the regulatory agency that oversees the tree company. Mr. Hecht answered that only one weeks supply are stored in the facility and the DEC fel«feaAteJisesi*Sii& �is the lead agency. However, according to Mr. Hecht, no permit is needed for the storage since the health hazard is zero. Mr. Hecht also stated that any unused portions of the mixed chemicals remain in the truck for further use. Mr. Jiminez questioned one of the concerns brought up from the last meeting regarding the night time truck washing occurrences. Mr. Hecht clarified that this was an incidental occurrence and has instructed these individuals to not wash after 9 PM. Ms. Gandolfo explained that the tree company had to be categorized in some district, and since they are servicing and soliciting customers, it can be considered. a retail/commercial service.^^Howevel^tte storage aspect (the warehousingof trie chemical supplies), is a problem since the code does not specifically state anywhere that storage is allowed in the Village. This would have been allowed under the manufacturing district, which no longer exists. Ms. Gandolfo remarked that the storage is thus incidental to the retail/commercial use since they are storing it not as their principal use but just as a incident to how the business operates. But the storage of the beauty supplies is a different situation since warehousing is no longer permitted in the Village and the storage of the beauty supplies is a separate business, thus it not considered an incidental to the business operations on the premises. Discussion ensued. The matter was open for public comments. Ellen McDonough, 23 Kendall Avenue, voiced concerns that the tree business was open for business on Sunday and trucks were coming up onto the streets honking their horns awaiting an employee to open the garage. She also stated that why is a loading dock necessary if the trucks are just backing up into the garage. Pat M., 11 Kendall Avenue, remarked on the parking issue difficulties. Maria Silba, 11 Kendall Avenue, also commented on the parking issue and the fumes in the basement. Annebella Silba, 11 Kendall Avenue, reported that some men and the tenants of the second floor apartment are "making loud noises at night". Mr. Anello commented that since the storage is considered an accessory aspect to the business service then the parking requirements must be for a business service not for the storage use. Discussion ensued. Mr. Anello asked the applicants to have a representative from the tree company business to explain to the board the chemical mixing process. �Mr. Jiminez made a motion to close the public comments, seconded by Mr. Martone, motion carried. Jg|V£ jlgr^ Mr. Jiminez stated that the matter should be adjourned until a clearer definition of what the actual use is and under what category each falls within. lis. ^p^u Mr. Anello commented that the parking is a big issue. §pft£- Mr. Morabito remarked that we should wait on the matter. iftSI^ Mr. Martone asked that a clear definition of use under the code be established ,.i^^:f.'. before addressing the parking variances. l^:f^> H>(:; Mr. Anello asked for any suggestions for the parking issue. Mr. Margotta asked if can park cars inside the warehouse where the beauty supplies are stored. Mr. Hecht responded that the space is minimum. However, can park 2-3 cars in the spaces where the tree company trucks parked as they are out servicing customers. IIIISH'v Mr. Barstow stated that the loading zone area is not used on a frequent basis fP^?---- possibly could be used as parking. litelilfe 'Mr. Martone asked if the loading zone could have certain hours posted allowing the space to be for parking and specific times to be used as a loading zone. jSpfe' Mr. Anello asked that the applicants submit proposals for the next meeting that Bllfi?' address the following issues: parking - accessible use of the loading zone fflglf seeking out other off site parking f&M: establish specific hours and days of operation ^&m*•clearer definition of the use as non-conforming bri ng a representative from the tree company to explain process zim?- -R? Mr. Barstow asked that his clients might need another public notice if a use variance is needed. Mr. Anello responded yes. Mr. Jiminez made a motion to adjourn the matter, seconded by Ms. Moirori, motion carried. IN THE MATTER OF 84 BEEKMAN AVENUE. SLEEPY HOLLOW. NY m fei' •fey-i-«i»i~«3»ia i*tfa s '* ,i * i *- i --» >5 --'-"^' S^fejg-Aii^sSaSfcsfa&aafi*! �*sr «»/. *:?•: Mr. Hughes, representing the applicant Evancio Capellon, requested the property to operate as a bakery. There were no public comments made for the matter. Mr. Morabito made a motion to approve the request, seconded by Mr. Jiminez, motion carried. *i.,-j«;i-r IN THE MATTER OF 139 CORTLANDT STREET, SLEEPY HOLLOW. NY (Mr. Jiminez who is a member of the Zoning Board abstains from all zoning board discussions and votes) Mr. Hughes, the attorney representing MrJiminez could not attend the meeting due to illness. Mr. Jiminez presented new schematic documents reflecting a scaled down project. He is no longer seeking the parking variances and has the required parking spaces. The plans shows the proposal to construct two retail stores and four residential apartments on one lot. Mr. Margotta clarified that the matter should be considered as 2 - two family houses with retail stores built on one lot. Mr. Jiminez commented there are several buildings in the Village that contain two buildings on one lot. This project will enhance the Village. m 1 Lr.*. *- r *• - The matter was open for public comments. Armando Verspacho, 11 Cedar Street, commented that there is more garbage^ from the existing house on 139 Cortlandt Street on his property which is 5-6 ft away from the rear of the applicant. Mr. Checcki, 51 College Avenue, questioned the lot size and the dimensions of the project. He stated he opposes the construction of two buildings on one lot since Cortlandt Street is too dense now. » Mr. Jiminez commented that Mr. Verspacho has three buildings on one lot. Ms. Moiron made a motion to close the public comments, seconded by Mr. Martone, motion carried. Discussion Mr. Martone remarked that Cortlandt Street is currently overcrowded and there are no more open spaces. • �*» » » * Mr. Lomoscolo suggested the applicant tear down the existing building and build one building that would house the same amount of people. Mr. Anello stated that then the project would be a multi-family dwelling and more parking spaces are needed. Mr. Morabito commented he disagreed with the building of two houses on one lot. Need to set precedent since other homeowners have the room to do the same. Mr. Anello agreed and stated the property has already, been granted a variance to change the premises into a two family dwelling. Mr.Anello also remarked this project should really be considered a multi-family development not 2- two family dwellings. Discussion ensued. Mr. Martone made a motion to grant the request of the applicant, seconded by Ms. Moiron, motion denied with Mr. Morabito as opposed. Minutes Since Ms. Gandolfo was not able to review the minutes from June 18, 1997, a motion was made by Mr. Anello to defer the approval of these minutes until the next meeting, seconded by Mr. Martone,. motion carried. Due to vacation plans, Mr. Anello requested another date for the next ZBA meeting. The board agreed to August 28, 1997. Being no further business, the meeting was adjourned. Respectfully submitted, Madona Mariano Recording Secretary � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1997 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1997-07-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-1997 Date A point or period of time associated with an event in the lifecycle of the resource 1997 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/be9deee8311084a24cc2fc1610b3554a.pdf 03047ae65ef558217b56e7a21a134ec7 PDF Text Text t Approved/^ith respect to substance and form; Villa^efe^ Attorney Dat< Approved by the Zoning Board Chaff Dat/ed£ g Chairman Filed with Village Clerk -Cierk> or Deputy Clerk Dated: -W9.P Meetina Date off Meeting �A regular meeting of the Zoning Board of Appeals was held on Thursday, August 28,1997 at 8:00 PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York Present: Also Present: Robert Anello, Chairman Eliot Martone Linda Moiron James Timmings, HI Miguel Jimenez John Morabito Angelo LoMascolo James Margotta, Building Inspector Janet Gandolfo, Village Attorney Gordon Hecht-8 Kendall Avenue, Sleepy Hollow, New York Chairman Anello stated that the applicant has asked for an adjournment. There were no objections, adjournment was granted. Miguel Jimenez-139 Cortlandt Street, Sleepy Hollow, New York Chairman Anello stated that the applicant has asked for an adjournment. There were no objections, adjournment was granted. Antonio Rodrigues, 358 N. Broadway, Sleepy Hollow, New York(continued) The Recording Secretary read the attached public notice. Chairman Anello gave a brief explanation on why Mr. Rodrigues was back before the board. A1 John Hughes, Attorney representing Mr. Rodrigues, explained that they are seeking four variances. The architect for the building explained the new proposals for the building and showed diagrams and a miniature setup of how it would look once it was completed. Discussion ensued on the front and rear setback, the size of the building and parking spaces. John Hughes stated that a smaller building would make it more difficult to recoup money invested and would be more difficult to rent to larger tenants. Chairman Anello read several letters into the record. The hearing was opened for public comments. Jim Carlin commented that no variances should be issued unless they conform to our zoning laws. Richard Weiss also commented that our new zoning laws should be conformed to. 1 �John Edwards asked if this building is the same design as the one on Valley Street because it would be out of character; the building should be modified. The Chairman stated that this board is not here to discuss the design of the building; the Architectural Review Board will handle that. Mrs. Rodrigues stated that all they want to do is put back building the way it was before the fire. Stuart Lawrence commented that the front yard setback of only 10 feet is not enough. There being no further comments, Miguel Jimenez moved, second by Angelo LoMoscola to close the hearing, carried. More discussion ensued among the board members regarding the front and rear setback. John Hughes asked if he could have a little time to discuss the board's proposal with his client. The board agreed and moved on to the next application. Antonio Fragoso- 10 Cedar Street, Sleepy Hollow, New York (continued) Ralph Bettman, Attorney representing Mr. Fragoso commented that no violations were found after inspection by the Code Enforcement Officer and requests that the certificate of occupancy be issued for this property. James Margotta, Building Inspector, stated that this is a two family dwelling. The hearing was opened to the public. Armando Valpacchio of 11 Cedar Street commented that there are many people living in this building and there are many cars parked on the street. The Chairman commented that this is not the issue before the board. Discussion ensued on what constitutes a family with respect to how many apartments are in the house. Mr. Margotta commented that we cannot say what constitutes a family any more. Mr. Jimenez moved, second by Mr. Morabito to close the hearing, carried. Mr. Morabito moved that we approve this variance and direct the Building Inspector to issue a certificate of occupancy for a two-family house, carried 6-0. Rodney Rodrigues, 23 Hudson Street, Sleepy Hollow. New Yorkfrcar porches) Robert Barstow, architect representing Mr. Rodrigues, commented that his client would like to erect these porches so that the tenants would have another way to get out their apartments in case of fire and also to give them a place to sit outside. �The hearing was opened to the public. Frank Occhipinti asked what kind of materials would be used to build the porches but had no objections to them being built. # The Building Inspector stated that the porches are to be made of steel. The Chairman read a letter from Candida Ortiz into the record which stated she had no objections to these porches being built. There being no further comments, Mr. Jimenez moved, second by Mr. Morabito to close the hearing, carried. Mrs. Moiron moved, second by Mr. Jimenez to declare a type II action and grant the variance, carried 6-0. In the matter of Maria Graca, 143 New Broadway. Sleepy Hollow, New York (continued) Mrs. Graca submitted new plans for the proposed two family home. She explained why she needed to covert the present one family home into a two family dwelling was because of a hardship. I) Discussion ensued on the validity of this hardship. The Chairman stated that she not have bought the house if a one family home was a hardship. He stated that he could not see any valid reason for making this a two family dwelling. She would have to come back with more valid reasons for her request for this variance and it might be beneficial if she had legal advice on this matter. Mrs. Graca asked that this hearing be adjourned to the next meeting. Mr. Jimenez moved, second by Mrs. Moiron to adjourn this hearing to the next meeting, carried. Antonio Rodrigues- continuation after recess John Hughes stated that his client would like the board to take a vote on the variances requested in the notice. Discussion ensued. Mr. Anello moved to grant the rear yard variance with the condition that the five foot buffer be maintained. He stated that there was only a total of a ten foot setback if you include the five foot buffer as defined in the Zoning Code. The applicant must also meet the safety requirements as set forth by the Building Department and the Planning Board for any fencing or whatever may be necessary for the top of the cliff; Mr. LoMoscolo seconded the motion and motion carried 5-1. �Mr. Anello commented that the next request for a variance is for the 10 foot front yard variance together with the variance for parking spaces. He proposed that the parking variance be granted and the 10 foot front yard variance be denied and that the applicant should come back for further parking if he wanted to change the building in some other way. He did not want to grant the 10 foot set back unless there was good reason to do it. Mr. Morabito commented that it is not right to keep asking the applicant to return to the Planning Board and it is costing the applicant money every time he has to come back. Mr. Morabito then moved that the 10 foot variance be granted together with the variance for parking spaces, seconded by Mr. Jimenez and motion carried 4-3 with Mr. Morabito, Mr. Jimenez, Mr. Timmings and Mrs. Moiron voting yes and Mr. Anello and Mr. Martone voting no, Mr. LoMoscolo abstained. Luiz Muniz, 160 Cortiandt Street, Sleepy Hollow, New York ( continued) John Hughes, attorney representing Mr. Muniz, commented that his client would like to convert this building to a two family dwelling. The board had asked that he come back with new plans showing five parking spaces in the rear of the building. This would cost his client too much money and he is requesting that the variance be granted with only three parking spaces; if this is not granted then the seller will put the property back on the market and return Mr. Muniz's deposit of $19,000.00. The hearing was opened to the public. Mr. Martello, who is trying to sell this property for his elderly father hopes that the board grants this variance to the prospective buyer. Mr. Jimenez moved, second by Mr. Timmings to close the hearing, carried. Mr. Jimenez and Mr. Morabito felt the variance should be granted without any further hardship on the buyer. Mr. Anello felt parking was a problem in that area. Mr. Jimenez moved to approve the variance as noticed, second by Ms. Moiron and carried 4-3 with Mr. Anello and Mr. LoMoscola voting no. Approval of Minutes Mr. Morabito moved, second by Ms. Moiron to approve the minutes of June 18th as written, motion carried 6-0. Mr. Jimenez moved, second by Ms. Moiron to approve the minutes of July 17th as amended, motion carried 6-0. There being no further business, the meeting was adjourned. Respectfully submitted, Angela Everett -Deputy Village Clerk �XT I LEGAL NOTICE VILLAGE OF SLEEPY HOLLOW PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of Sleepy Hollow will hold a public hearing on Thursday, August 28, 1997 at 8:00 p.m. in the Municipal Building, 28 Beekman Avenue, Sleepy Hollow to hear and consider an appeal by Mr. Antonio Rodrigues from a decision of the Building Inspector which denied a building permit to build a two-story building at 358 North Broadway, Sleepy Hollow. The building permit was denied for the following reasons: Schedule of Regulations Part II requires the following for a building in the C-l District: (1) Front Yard Requires a 20'-0 setback. Plans show a front yard of lO'-O. (2) Rear yard requires a 20'-0 setback. Plans show a rear yard of lO'-O. (3) Section 62-9 (c) requires a buffer area of 5 feet for any lot in a C-l District that abuts a residential district. There is no buffer area shown on the plans. (4) The building, containing 16.200 square feet of retail and office space, requires 67 parking spaces and a loading space, pursuant to Section 62-14. The plans show 59 parking spaces and no loading space. The premises are known as Section 17, Block 21, Lot 3 to 51 on the tax assessment map of the Village of Sleepy Hollow. All taxpayers, residents and interested parties are entitled to attend and be heard at the aforesaid hearing. By Order of the Zoning Board of Appeals Linda David, Village Clerk D a t e d : A u g u s t 6, 1997 �+z /H2gl %^— \ ^-^£ Lrf f e» [ iSS^* -»..*"., �a-' & • w 9 Code Enforcement Officer Gary E McLean 28 Beekman Avenue Sleepy Hollow NY 10691 Telephone 914332-0628 Fax 914-631-5321 fb'-- August 2, 1997 James Margotta: Re: 10 Cedar Street • Upon inspection of 10 Cedar Street, Sleepy Hollow, NY, I witnessed a two family house in good order with no violations present. The garage in rear yard is being used as a garage with a car parked in it upon inspection. No violations present in Garage. Respectfully yours, Gary E. McLean Code Enforcement Officer a:- t "S^vT-C ;\:-s:-^-v^.:^v-:-jv:^ �Ill ANDREW P. O'ROURKE County Executive COUNTY PLANNING BOARD UJestchester County July 22,1997 Jim Margotta Building Inspector Village of Sleepy Hollow Village Hall Sleepy Hollow, NY 10591 REF. FILE NO. SLH97-002: Antonio Cabinetry- Lead Agency Determination Dear Mr. Margotta: Thank you for the Notice of Lead Agency Designation pursuant to the requirements of Article 8 of the New York State Environmental Conservation Law. The action is an application for site plan approval proposing the renovation and expansion of a two-story office/retail building. We have no objection to the Sleepy Hollow Planning Board assuming lead agency status for the SEQR review. We have made a preliminary review of the submitted materials which include a four-sheet set of site plans, dated June 12, 1997, and a short environmental assessment form. Based on the County Planning Department's work with the Historic River Towns of Westchester, it is encouraging to see projects such as this which have an objective of improving the economy and the visual appearance of a riverfront village. The appearance of this site is especially important due to its prominent location on Route 9 and its close proximity to Philipsburg Manor. So as to insure the redevelopment objective is achieved, we suggest that the following topics be addressed as the review of this project proceeds: • The prominent location of the project at one of the gateways to the village warrants careful scrutiny by the village and consideration of the relationship to redevelopment opportunities of nearby properties and potential linkages to Phillipsburg Manor and downtown (Beekman Avenue). • The site plan does not identify existing or proposed sidewalks. The provision of safe pedestrian circulation should be demonstrated, both on and around the site. 432 MJchealian Office Building • 148 Martine Avenue, White Plains, N.Y. 10601 • (914) 285-4400 �k I § • Mr. Jim Margotta, Building Inspector July 21,1997 Page 2 • The review and comment of the NYS Department of Transportation is critical as the site plan proposes changes to the site's access as well as the installation of landscaping in the right-of-way. The State could suggest other changes or limit work in the right-of-way; if the State does, changes in the site's layout and landscaping may be needed. • The site plan has notes about landscaping and trees but provides no details as to species, quantity and caliper. Such data are needed to assess the sufficiency of the proposal. Thank you for calling this matter to our attention. The County Planning Board would like to be advised as to the ongoing status of the proposed action. Respectfully, WESTCHESTER COUNTY PLANNING BOARD • By: ^L/J~.•/• Edward Buroughs Chief Planner EEB/JLM fc• i ' - : * • • t . . . . •.-..' - �Jo Kearns 122 Gordon Avenue Sleepy Hollow, New York 10591 August 25, 1997 Zoning Board Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Re: Antonio's Cabinetry To the Board Members: I understand that certain people are objecting to the construction of a new building on Route 9 to house the business establishment of Antonio's Cabinetry. Before beginning construction of the new building, Antonio Rodriguez obtained the proper permit. In order to obtain that permit, the building must have been within the zoning ordinance for the property. How is it that the rules have suddenly changed? I had the opportunity to see various blue prints for the new building and, frankly, I am puzzled by the objections to the proposed construction. There was one design in particular that I felt would get Sleepy Hollow started on cleaning up the image on its main thoroughfares-it was the design with the arcade to house several small shops. It is easy to imagine a jewelry store, pottery shop and other stores that would enhance the area as a tourist attraction. Insisting on a building that starts as much as 20 feet back from the property line seems designed to either make the building go higher or force Mr. Rodriguez out. A taller building is not desirable, nor is forcing Antonio's Cabinetry out. In addition to paying its own real estate taxes, Antonio's Cabinetry business attracts and trains skilled craftsmen. Several of his employees have bought houses in the area, and now they are contributing real estate taxes to the area. The business is a desirable one for the area for a variety of reasons-it does not even present a pollution problem-so why not try to keep this business in the area, which can only serve to enhance Sleepy Hollow as a place to live and as a place for tourists. Surely, there are other areas of the Village's main thoroughfares that need improvement where the efforts of the people who care so much about Sleepy Hollow might be put to use. I believe everyone in the Village wants ihe area to enjoy the benefits of historic preservation and the resulting tourism. However, financial growth that comes from general business development is equally important to the Village, providing employment and a growing tax base. Permitting Mr. Rodriguez to construct one of the attractive designs I saw will contribute to this. Thank you for your attention. Sincerely, �Historic Hudson Valley 150 White Plains Road Tarrytown, New "fork 10591 914 631-8200 Fax: 914 631-0089 • Historic Hudson Valley August 15,1997 Mr. Robert Anello, Chairman Sleepy Hollow Zoning Board 28 Beekman Avenue Sleepy Hollow, New York 10591 Dear Mr. Anello: t On behalf of Historic Hudson Valley, I am writing to oppose the zoning variance requested by Mr. Antonio Rodrigues for his property located at 358 North Broadway. The stretch of North Broadway on which this property is located serves as the gateway to several of Sleepy Hollow's most significant historic sites — Philipsburg Manor, the Old Dutch Church, and Sleepy Hollow Cemetery. Thousands of visitorsfromall over the world begin their visit to the Hudson Valley at Philipsburg Manor. The Rodrigues property is also a central location for residents and homeowners (such as myself) in the surrounding neighborhoods, including Philipse Manor, Sleepy Hollow Manor, and Weber Park. While this stretch of Rt. 9 is currently less than attractive or welcoming, we strongly feel that an "anything goes" attitude will do little to improve the situation. This is our one opportunity to ensure that any new developments are real improvements ~ adding attractive amenities and enhancing the area's quality of life for both residents and visitors. Philipsburg Manor is already a driving force in Sleepy Hollow's economic development and we are committed to playing an ever greater role in encouraging tourists to patronize local businesses. As we struggle to stretch our own limited budget to maintain quality educational programming, we are also sympathetic to the space and other operating constraints that small business owners on Rt. 9 face. However, since 358 North Broadway is one of the closest structures to Philipsburg Manor, we feel it is vitally important that that the Village protect our shared historical resources and try to enhance their surroundings by ensuring that any new development in this area conforms with village zoning laws. Mr. Rodrigues has already proceeded with construction on this property, increasing both the scale and the perimeter of the former building, in deliberate violation of the village zoning laws. We feel his actions demonstrate a lack of regard for both village zoning provisions and the area's historic surroundings. Historic Hudson Valley thus opposes granting any zoning variance that allows Mr. Rodrigues to construct an inappropriately scaled building. Allowing Mr. Rodrigues to blatantly ignore the zoning laws would undermine the Village's responsibility to uphold some reasonable standards for architectural design and land use. More importantly, it would set a very negative precedent for future development of the adjacent properties, which Mr. Rodrigues also owns. We strongly urge the Village Zoning Board to reject the requested zoning variance. Thank you for your consideration. If you would like to discuss our organization's position on this matter further, you may reach me at (914) 631-3992, ext. 11. (Jj*~iU^»<^-^rson-Lawrence Site Director SUNNYSIDE PHILIPSBURG MANOR VAN CORTLANDT MANOR UNION CHURCH OF POCANTICO HILLS MONTGOMERY PLACE �Historic Hudson Valley 150 White Plains Road Tarrytown, New %rk 10591 914 631-8200 Fax: 914 631-0089 Historic Hudson Valley July 15,1997 Robert Anello, Chairman Sleepy Hollow Planning Board Sleepy Hollow, New York 10591 Dear Mr. Anello: • On behalf of Historic Hudson Valley, I am writing to oppose the zoning variance requested by Mr. Antonio Rodrigues for his property located at 358 North Broadway. The stretch of North Broadway on which this property is located serves as the gateway to several of Sleepy Hollow's most significant historic sites — Philipsburg Manor, the Old Dutch Church, and Sleepy Hollow Cemetery. Thousands of visitorsfromall over the world begin their visit to the Hudson Valley at Philipsburg Manor. The Rodrigues property is also a central location for residents and homeowners (such as myself) in the surrounding neighborhoods, including Philipse Manor, Sleepy Hollow Manor, and Weber Park. While this stretch of Rt. 9 is currently less than attractive or welcoming, we strongly feel that an "anything goes" attitude will do little to improve the situation. This is our one opportunity to ensure that any new developments are real improvements ~ adding attractive amenities and enhancing the area's quality of life for both residents and visitors. Philipsburg Manor is already a driving force in Sleepy Hollow's economic development and we are committed to playing an ever greater role in encouraging tourists to patronize local businesses. As we struggle to stretch our own limited budget to maintain quality educational programming, we are also sympathetic to the space and other operating constraints that small business owners on Rt. 9 face. However, since 358 North Broadway is one of the closest structures to Philipsburg Manor, we feel it is vitally important that that the Village protect our shared historical resources and try to enhance their surroundings by ensuring that any new development in this area conforms with village zoning laws. Mr. Rodrigues has already proceeded with construction on this property, increasing both the scale and the perimeter of the former building, in deliberate violation of the village zoning laws. We feel his actions demonstrate a lack of regard for both village zoning provisions and the area's historic surroundings. Historic Hudson Valley thus opposes granting any zoning variance that allows Mr. Rodrigues to construct an inappropriately scaled building. Allowing Mr. Rodrigues to blatantly ignore the zoning laws would undermine the Village's responsibility to uphold some reasonable standards for architectural design and land use. More importantly, it would set a very negative precedent for future development of the adjacent properties, which Mr. Rodrigues also owns. We strongly urge the Village Planning Board to reject the requested zoning variance. Thank you for your consideration. If you would like to discuss our organization's position on this matter further, you may reach me at (914) 631-3992, ext. 11. /Jennifer Anderson-Lawrence Site Director SUNNYSIDE PHILIPSBURG MANOR VAN CORTLANDT MANOR UNION CHURCH OF POCANTICO HILLS MONTGOMERY PLACE �ANTONIO CABINETRY CORP. 174 VALLEY STREET NO. TARRYTOWN, N.Y. 10591 (914) 631-2353 August 23, 1997 Jennifer Anderson-Lawrence Site Director Historic Hudson Valley 150 White Plains Road Tarrytown, New York 10591 Dear Ms. Anderson-Lawrence: I have received today a copy of your letter dated July 15, 1997 sent to Donald Stever of the Sleepy Hollow Planning Board. The subject of your letter is my property at 358 North Broadway and the redevelopment of that property. In your letter, you have made certain serious allegations regarding this redevelopment. You would have done well to check the facts and records before commencing to accuse me of a "lack of regard for both Village Zoning provisions and the area's historic surroundings". You infer that I could, or more seriously, would "blatantly ignore the zoning laws" as they would apply to this property or the other properties which I own in the immediate vicinity. For your information, and, you should know that it is public record, the Village of Sleepy Hollow on March 4, 1997 issued building permit #3926 which approved building plans for this property. These plans had been filed with and reviewed by the Village's Architectural Review Board. Your accusation that I have a "lack of regard" for the Village's zoning provisions is baseless and an absolute misstatement of the facts. Moreover, I did not, in the construction of the steel framework, increase both the scale and perimeter of the former building other than in the way approved by the Village of Sleepy Hollow. As a respected local businessman, I would not think of doing what you allege. That would make no business sense whatsoever. Your letter indicates a concern for reasonable standards for land use and architectural design in the vicinity of Philipsburg Manor. If you had taken the time (and I doubt that you did) to examine the building plans and architectural renderings of my proposed buildings, you would also see that I more than share your concern for proper architectural design and land use. �I stand accused by you and your organization of serious violations with respect to the Village's zoning ordinance as well as, an inference that I may well have an "anything goes" attitude for the redevelopment of my property. Your serious accusations are unfounded and baseless in fact. More importantly, you should know that my vision for the future development of this area is a proper one. Very truly yours, fonio Rodrigues President Antonio Cabinetry Corporation AR:hn cc: Mayor Sean Treacy Robert Anello, Chairman Zoning Board of Appeals Linda E. David, Village Administrator Janet A. Gandolfo, Village Counsel James Margotta, Building Inspector �HU'G-v.i - 4.99? 08:41 STEUER, D OR M 914 524 7361 P.02 •: - -:m l-iiicon.. Htu.hut! Viilk^j iv:> White Plains.Kcacj]; Txrrvrcnvn. NYw Y)B:*f< 914 631 &iOO FJK: 9)1 fi3I-U0?,0 • -^ >!-. • Historic Hudson Valley July 15,1997 Donald Stever Sleepy Hollow Planning Board 157 Millard Avenue Sleepy Hollow, New York 10591 Dear Mr. Stever: On behalf of Historic Hudson Valley, 1 am writing to oppose the zoning variance requested by Mr. Antonio Rodrigues for his property located at 358 North Broadway. The stretch of North Broadway on which this property is located serves as the gateway to several of Sleepy Hollow's most significant historic sites ~ Philipsburg Manor, the Old Dutch Church, and Sleepy Hollow Cemetery. Thousands of visitors from all over the world begin their visit to the Hudson Valley at Philipsburg Manor. The Rodrigues property is also a central location for residents and homeowners (such as myself) in the surrounding neighborhoods, including Philipse Manor, Sleepy Hollow Manor, and Weber Park. While this stretch of Rt. 9 is currently less than attractive or welcoming, we strongly feel that an "anything goes" attitude will do little to improve the situation. This is our one opportunity to ensure that any new developments are real improvements — adding attractive amenities and enhancing the area's quality of life for both residents and visitors Philipsburg Manor is already a driving force in Sleepy Hollow's economic development and we are committed to playing an ever greater role in encouraging tourists to patronize local businesses. As we struggle to stretch our own limited budget to maintain quality educational programming, we are also sympathetic to the space and other operating constraints that small business owners on Rt. 9 face. However, since 358 North Broadway is one of the closest structures to Philipsburg Manor, we feel it is vitally important that that the Village protect our shared historical resources and try to enhance their surroundings by ensuring that any new development in this area conforms with village zoning laws. Mr. Rodrigues has already proceeded with construction on this property, increasing both the scale and the perimeter of the former building, in deliberate violation of the village zoning laws. We feel his actions demonstrate a lack of regard for both village zoning provisions and the area's historic surroundings. Historic Hudson Valley thus opposes granting any zoning variance that allows Mr. Rodrigues to construct an inappropriately scaled building. Allowing Mr. Rodrigues to blatantly ignore the zoning laws would undermine the Village's responsibility to uphold some reasonable standards for architectural design and land use. More importantly, it would set a very negative precedent for future development of the adjacent properties, which Mr. Rodrigues also owns. We strongly urge the Village Planning Board to reject the requested zoning variance. Thank you for your consideration. If you would like to discuss our organization's position on this matter further, you may reach me at (914) 631-3992, ext. II. • Sincerely, 1 a Pennifer Anderson-Lawrence Site Director SUNNYSIDE PHILIPSBURG MAKOB "VAN COKTLAMDT MANOR UNION CHURCH OF POCANYK-.O HILLS MONTGOMERY PLACE �MHf ^1 C ' y ' l ' it-:--., rl-l HUM h H b - N i a i -4-U i -», r< I U 3 1 3 . ^ 1 ^ . ^ r.ui PHILIPSE M A N O R I M P R O V E M E N T ASSOCIATION # May 21, 1997 Village of Sleepy Hollow Planning Board/ Village of Sleepy Hollow Zoning Board/ Village of Sleepy Hollow Architectural Review Board The Phiiipse Manor Improvement Association is very concerned about the recent construction along Route 9 on the lot where the business, Antonio's Cabinetry, previously stood, it is our understanding that although this building is being almost completely replaced from the ground up, the guidelines set by the village's planning board, current zoning regulations and architectural review board are not being followed. Needless to say, the PMIA is concerned and we are requesting a review of this matter. Due process must be followed and guidelines applied so that all construction-on the site where Antonio's Cabinetry previously stood—may be brought into compliance with all rules, regulations and guidelines which properly apply to it. The PMIA feels it is impossible to revitalize our community if due process i$ not consistently followed in such matters. This is why the planning and architectural review boards and our zoning laws are important to us. We had expected that all zoning rules and architectural guidelines would be diligently applied, but because this does not seem to be the case, we are now formally requesting that now and in the future all village guidelines, regulations, laws., and procedures regarding variances be carefully applied in all instances and not in a random fashion. We are especially concerned in the present case of Antonio's Cabinetry site because this new construction site lies along the southern border of Phiiipse Manor and is very close to the Phiiipse Manor Restoration. Since we are so close to this site we would appreciate being notified of and included in any meetings or hearings where modifications of this sire are being discussed. Please keep the PMIA Board posted on the progress of this issue. Sincere]}/ e> R i c W A. Piano President Phiiipse Manor Improvement Association RAP:lr cc: Sean Treacy, Mayor/The Board of Trustees, Village of Sleepy Hollow Linda David, Village Administrator James Margotta, Building Inspector *'~W~*^^i»^*^*^-*-.^^ �I'lHl _ 1 r> I !„••_. I [ I-. .-.!_',, | .1-51 . . n PHILIPSE MANOR IMPROVEMENT ASSOCIATION ^ May 21, 1997 Village of Sleepy Hollow Planning Board/ Village of Sleepy Hollow Zoning Board/ Village of Sleepy Hollow Architectural Review Board The Philipse Manor Improvement Association is very concerned about the recent construction along Route 9 on the lot where the business, Antonio's Cabinetry, previously stood, it is our understanding that although this building is being almost completely replaced from the ground up, the guidelines set by the village's planning board, current zoning regulations and architectural review board are not being followed. Needless to say? the PMIA is concerned and we are requesting a review of this matter. Due process must be followed and guidelines applied so that all construction-on the site where Antonio's Cabinetry previously stood--may be brought into compliance with all rules, regulations and guidelines which properly apply to it. The PMIA feels it is impossible to revitalize our community if due process is not consistently followed in such matters. This is why the planning and architectural review boards and our zoning laws are. important to us. We had expected that all zoning rules and architectural guidelines would be diligently applied, but because this does not seem to be the case, we are now formally requesting that now and in the future all village guidelines., regulations, laws, and procedures regarding variances be carefully applied in all instances and not in a random fashion. We are especially concerned in the present case of Antonio's Cabinetry site because this new construction site lies along the southern border of Philipse Manor and is very close to the Philipse Manor Restoration. Since we are so close to this site we would appreciate being notified of and included in any meetings or hearings where modifications of this site are being discussed. Please keep the PMIA Board posted on the progress of this issue. Sincerely), <: ~ b bJA-1^ Richard A. Piano President Philipse Manor Improvement Association RAP:lr cc: Sean Treacy, Mayor/The Board of Trustees, Village of Sleepy Hollow Linda David, Village Administrator James Margotta, Building Inspector ^ ^ f a - i i f c ^ t o i ^ ^^^jza^j^^^ ^-^si^^^^^w^ �r/2/ ^;--.-.^--^U-dSfe-n^« A^A;„;,^.^J^<^.-,J:..»J-i&iii.wiC.-^ij*i ^Ki^«Ki£uilrf£^&itlssS£S££bS^&daBM �SLEEPY HOLLOW MANOR ASSOCIATION April 30, 1997 To the Mayor and the Board of Trustees Village of Sleepy Hollow Village Hall 28 Beekman Avenue Sleepy Hollow, New York 10591 The Board of the Sleepy Hollow Manor Association has asked me to write to express our concern over the construction presently under way at the Antonio Cabinetry property on Route 9. It had been our understanding that, based on a finding by the Village's Building Inspector that the fire at the site a number of months ago had destroyed less than fifty percent of the building, the building would be permitted to be rebuilt substantially as it had existed prior to the fire. Thus, the reconstruction was not required to comply with zoning or other requirements that would have been required of "new construction," such as set-back requirements and provision for off-street parking. We disagree with the conclusion that the former building had been less that fifty percent destroyed. In driving past the site, it seemed apparent that the amount of the building still standing was probably less than even twenty percent. However, reconstruction of the former building was approved. Now, instead, an entirely new two story building is rising at the site. The bulk of this structure is wholly inappropriate for its site and for its location on this stretch of Route 9, which houses one of our Village's most significant historical sites. Village officials have been consistent in promoting tourism as a mainstay of Sleepy Hollow's economic future. We are unaware that any such officials have opposed this goal. But the structure being constructed for Antonio Cabinetry is incompatible with the image of Sleepy Hollow that we believed our officials were trying to foster for the Village. Accordingly, we have asked how the Village's Architectural Review Board, which has the legal responsibility for approval of the external appearance of building construction could have justified approval of this project. We have been informed that, in fact, no such approval was given. Instead, we are told, the Architectural Review Board unenthusiastically �approved a construction plan for a building that was to be a "reconstruction" of the burned building. (The Board apparently felt it was forced to do so by the prior finding that less than fifty percent of the original building was destroyed.) The fact that Village's regulatory procedures for architectural oversight and preservation of the appearance of Sleepy Hollow have been so blatantly ignored is as troubling to the Sleepy Hollow Manor Association Board as the nature of the building that is now rising at this site. If we are to believe that promotion of a tourist-based economy for our Village was not merely a cynical political promise, such disregard for sensible planning and for the laws of the Village cannot be tolerated. The current construction at the Antonio Cabinetry site should never have been permitted to proceed and, in our view, the Village should require that the additional story be demolished. Better still, the entire project should be reviewed, ab initio, under the ordinances- zoning, architecturalre view, etc. - applicable to this totally new construction. We will view any failure by the Village to enforce its own laws and procedures as unacceptable. Very truly yours, Oi. Richard D. Weiss, President Sleepy Hollow Manor Association cc: James Margotta, Building Inspector Robert Anello, Chairman, Zoning Board James Nazametz, Chairman, Architectural Review Board y-R-irt ,Qi^ • U^^jfcsi^Si^iMs^fe^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1997 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1997-08-28 Subject The topic of the resource Zoning Board Minutes & Resolutions-1997 Date A point or period of time associated with an event in the lifecycle of the resource 1997 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/09f4277292d9f09641a8963acce3baa8.pdf fa485f1524a34d41480cd30eb997d883 PDF Text Text d' Approved/with r e s p e c t t o substance and form: Villag^i Attorney Datec Approved hsy t h e Zj/nihg /Epard Chaifrpian p r irman Dated Filed with Village Clerk Q. Clerk o r Deputy Clerk Dated: ^-/^J^j «p Utksts.mi Date of Meeting i i t * V i = - ' V -'. 3 -J-' ?i-=5=iit J •I",-}^.C&&K .-iy?,.<«_ j •J,;^-^.-..^.; . ,,-} _ i ( ; ^;.»>^-r^>feiVg5g^|i^^^i^^g;«i �• • A regular meeting of the Zoning Board of Appeals was held on Thursday, October 15,1997 at 8:00 PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York Present: Robert Anello, Chairman Eliot Martone Linda Moiron James Timinings, HI Miguel Jimenez Also Present: James Margotta, Building Inspector Janet Gandolfo, Village Attorney Absent: Angelo LoMascolo Mr. & Mrs. Frank Benuscak, 17 Lawrence Avenue, Sleepy Hollow, New York The Village Attorney read the public notice. Mr. and Mrs. Benuscak represented themselves in the matter. Mr. Benuscak explained the purpose to construct a new porch and to enclose the existing porch. There were no public comments. Mr. Jimenez moved, second by Mr. Martone to close the public comments, carried. Mr. Jimenez moved to grant the variances, second by Ms. Moiron, motion carried unanimously. Lawrence Lenihan, 457 Bellwood Avenue, Sleepy Hollow, New York The Village Attorney read the public notice. Mr. Lenihan represented himself in this matter. Mr. Lenihan explained the need to erect the addition. There were no public comments. Mr. Jimenez moved to grant the variance, second by Ms. Moiron, motion carried unanimously. Approval of Minutes Mr. Jimenez moved, second by Ms. Moiron to approve the minutes of August 28, 1997 , as amended, motion carried. There being no further business, the meeting was adjourned. Respectfully submitted, Gandolfo- Village Attorney •*-- :.?*±,-~: SA-.nA-^ >-..--.- --_ -. J -. -*~-v»-,i ii~j#-M .i^SviA'AixfiMiV-Si � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1997 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1997-10-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-1997 Date A point or period of time associated with an event in the lifecycle of the resource 1997 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text