1 25 8 https://sleepyhollow.localarchives.org/files/original/5375b3f0be88579bc101744d46ac1534.pdf afc932a04c2dd75e864c68cfec9f6265 PDF Text Text A public hearing of the Zoning Board of Appeals was heid on Thursday, February 26,1998 at 8:00 PM in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York Present: Robert Anello, Chairman Eliot Martone Linda Moiron James Timmings, i n John Morabito Also Present: James Margotta, Building Inspector Janet Gandolfo, Village Attorney Absent: Angelo LaMascola Miguel Jimenez V and E Direitinnho-82 Howard Street Sleepy Hollow, New York Chairman Anello motions to begin meeting, motion carried. Janet Gandolfo, Village Attorney, read the legal notice dated February 5,1998. Ron Turnquist, Architect, handed out a new set of plans for the property and explained that the property is a two family house with a Howard Street exit. To the rear of the property is a very steep slope followed by a set of trees and on the other side of that the General Motors parking lot. He wants to remove tandem parking off of the side of the building and have a two car garage in the rear. The only nonconformity of the garage is the rear yard. It would be tight for the cars to turn around in the rear. The garage is not encroaching on anyone's property and it would not be obstructing any views due to its height. The Chairman questioned the role of the Architectural Review Board on this project. James Margotta, Building Inspector, commented that they did not have to go before the Architectural Review Board. The Chairman questioned if the public had any questions. There being no comments given by the public, Chairman Anello motioned to close the public hearing, seconded by John Morabito, motion carried. The Chairman asked Mr. Turnquist what was on the exterior of the garage at this time. He was informed that aluminum siding was on the exterior. The Chairman commented that the project should go before the Architectural Review Board for rear facade review. i �John Morabito commented that the Chairman is holding the owners back and that this project is not required to go before the Architectural Review Board. John Morabito then motioned that the project be accepted and submitted, seconded by Eliot Martone. Chairman Anello questioned if any of the Board members had questions for Mr. Turnquist. John Morabito brought forth a point of order and commented that there was a motion on the floor. The Chairman again commented that in his opinion this project should be referred to the Architectural Review Board and then requested that the Board members vote again. John Morabito motioned that the variance be granted for this project, seconded by Eliot Martone and carried 4-1 with Mr. Anello voting no. Laurentino Rodrigues-106 Depevster Street Sleepy Hollow, New York Janet Gandolfo, Village Attorney, read the legal notice dated February 5,1998. Ron Turnquist, Architect, explained that he wants to develop the basement of this property off Cortlandt Street into a sales communication retail space and office. There was a young man interested in leasing the space to sell computers and communication equipment. The building was not zoned for retail. He discussed how building owners were improving the appearance of the area and then stated that the front facade of this building is an eyesore. He then commented that the County has a Facade Program, and if the Zoning Board of Appeal granted a variance to allow the basement to be turned into retail space, Mr. Rodrigues would be able to get a fifty percent grant from the County to improve the appearance of the building front. The Chairman questioned if this project had gone before the Architectural Review Board. He was informed by Mr. Turnquist that it did go before the ARB but they did not deal with that side of the building. Mr. Anello questioned if there were any comments from the public. There being no comments, Mr. Anello moved to close the public hearing, seconded by John Morabito, motion carried. John Morabito commented that the building is an eyesore and he does not fed that the housing units and retail space would cause a parking problem. Mr. Anello commented that he does not understand why the building can not be fixed up without adding retail space. He discussed that the area has the worst - --^^i^^ci^lS*^, �parking problem in Sleepy Hollow and that the Fire Department has complained to the Zoning Board of Appeals about it. Linda Moiron questioned what has changed between now and when Mr. Rodrigues originally brought his plans before the Zoning Board of Appeals. Mr. Turnquist discussed that his plans for seven units was reduced to six because of the parking issue and the Board refused to allow him to put the handicapped unit in the basement of the building. Mr. Anello commented that Mr. Turnquist went before the Architectural Review Board and did not do anything to improve that side of the building. Now he has returned before this Board for additional parking. Mr. Turnquist has not offered any reason to receive an area variance. Mr. Turnquist commented that if not for the Facade Improvement Program, no one would be building. Mr. Anello commented that Mr. Rodrigues was given a huge variance over a lot of public objection. He explained that the Zoning Board of Appeals can give variances but it would be illegal for them to change the zones. Linda Moiron questioned what the basis of the variances were according to the law. Mr. Turnquist did not give a response. The Chairman moved that the variance be denied, seconded by Eliot Martone and Linda Moiron, motion carried 4-1, John Morabito voting no. Other Business Janet Gandolfo, Village Attorney, commented about a letter sent to the Zoning Board of Appeals by some homeowners on Webber Avenue regarding property that was being built on Angler Street. James Margotta commented that the homeowners on Webber Avenue are at the bottom of a hill and were concerned about the drainage and a steep driveway of the builders on top of the hill on Angler Street. He informed them to speak to the contractors on these issues, in which they did, and seem to be satisfied. The builders did not need any variances. Their lot is the right size and they are doing the best they can on the property. The builders will probably come to the Zoning Board of Appeals for a variance because they want to build a deck on their property. Mr. Anello commented that the letter will be read when the builder appear before the Zoning Board of Appeal*. �# Approval of Minutes The minutes for the January meeting will be approved at the neit meeting due to them not being available for this meeting. There being no further business, Chairman Anello mov£d to close the meeting, seconded by John Morabito, and carried. Respectfully submitted, Sheila Davis Recording Clerk «^-ite5^-;v*.-{S^Ar*^i*^^^ � 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-1998 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_1998-02-26 Subject The topic of the resource Zoning Board Minutes & Resolutions-1998 Date A point or period of time associated with an event in the lifecycle of the resource 1998 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/1764321173cfb15af722cea5669c3717.pdf a33c56f1baeefd8a7c4b9fe9b23c0fba PDF Text Text f /f r » A regular meeting of the Zoning Board of Appeals was held on April 15, 1998 at 8:00 p.m. in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591. 1 . Members Present: Absent: Robert Anello, Chairman Miguel Jiminez Eliot Martone Linda Moiron George Tanner James Timmings, III .Also Present: James Margotta, Building Inspector Janet Gandolfo, Village Attorney It was noted that the Recording Secretary did not have access to a tape recorder for said meeting. In the matter of Martin Murphy, 219 North Broadway, Sleepy Hollow, New York 10591. Chairman Anello called the meeting to order. Janet Gandolfo, Village Attorney, read the legal notice. I I i: * The Applicant was represented by John Hughes, Esq. "-.1 Mr. Hughes stated that Mr. Murphy is the owner of the property 219 North Broadway, and said property is immediately norm of the Mobil Station called Vieira's, and Mr. Murphy has resided there since December of 1959. When Mr. Murphy purchased the property in 1959, it was a two-family, and he has done nothing whatsoever to change its use. It has been continuously used during that entire period. Mr. Hughes would like to Board to consider this a pre-existing two-family house. Mr. Hughes stated that the house was built in 1923.. that it existed in the business district called the C2 district which allowed one and two-family homes, and it existed under the . old code, the ancient code, which was passed on January 21st, 1946. Mr. Hughes submitted copies of the "Old Code" to the Board for their review. Mr. Hughes discussed certain provisions in "Old Code" with the Board, then went on to explain that September 8, 1964 was when the modem code, which is the book-bound volume came out. The Chairman stated that the book says it was a two-family prior, and asked Mr. Hughes if it would be grandfathered. Mr. Hughes agreed that it would be grandfathered. » The chairman enquired as to what precipitated the application. Mr. Hughes pointed out mat Mr. Murphy was present and sitting in the audience, and that he wanted to sell his home and mat he had a buyer. i . I .. J . _ - £ - * * f --4JU*"..1 - - - i i i r J V s r ^ i a : ^ J ^ M J 1 - * £ . * • ; ? £»£« ^^j|^^s^^&^M5^fe^k^^^l^>f^4fc# �The Chariman asked if he wanted to be able to say it's two-family, and Mr. Hughes replied that all he needs is a CO. The Chairman pointed out that Mr. Margotta cannot give them a CO due to the fact that it is listed as a one-family. Mr. Margotta confirmed that it is listed as a one-family. The Chairman asked Mr. Margotta whether he inspected the building. Mr. Margotta replied yes. and stated that he agreed with Mr. Hughes, that it appeared to be the original two-family and it's used only as a two-family. The trim, the interior, is the same. Mr. Margotta also stated that usually when something is built in 1923 and converted in 1950, that the trim is different, the doors are different and so on, but this is basically the same. The Chairman asked Mr. Murphy to come up and give them the Board the information that he thinks they would need. Mr. Murphy stated that he needed to get it cleared up, because he bought it as a two-family house and has been paying taxes on it all along. The Chairman asked Mr. Murphy if he has always lived with another family in the building. Mr. Murphy replied yes. The Chairman asked if it was that way when Mr. Murphy bought the house. Mr. Murphy replied yes. The Chairman asked if Mr. Murphy changed it in any way or added another apartment Mr. Murphy replied nothing has been changed. The Chairman asked if there were two families living in it now. Mr. Murphy replied yes. The Chairman asked if anyone had any questions for Mr. Murphy or anything else they wanted to add. The matter was now open for the public. A motion was made by Mr. Martone to close the Public Hearing. Motion carried. A discussion ensued regarding granting the Applicant's request. A motion was made by Mr. Martone to grant the applicant's request to declare 219 North Broadway a two-family home and to correct the property records to reflect so, seconded bv Mr. Jiminez. Motion carried unanimouslv. In the matter of Sean McCarthy. Architect for Gordon Hechfc owner of 8 Kendall Ave. Janet Gandolfo, Village Attorney, read the legal notice. Mr. McCarthy informed the Board that this project was denied in the past. �The Chairman asked if it was denied evervthing it is seeking . Mr. McCarthy stated no. The Chairman asked if it was granted some area variances. Mr. McCarthy explained that it was denied the continuing use, however it has been stated in the legal notice that those areas of requirements are again being asked for. The Chairman asked what date it was denied. Mr. McCarthy replied he didn't know. Ms. Gandolfo explained that the Board was about to deny it and the applicant said he would withdraw it. so procedurally, technically, it wasn't a denial, so he is allowed to come back. Mr. McCarthy stated that not only did they wait over six months, but they are hear with a new application. Mr. McCarthy proceeded to describe the differences in the application to the Board. >J§ ^ •m /J^^ '% 1 • t J »\ -. i .3 The Chairman asked if Mr. Hecht would have any employees there at all. Mr. McCarthy said he would have no employees at all at mis site, and that no more than once a week there would be a delivery. Mr. McCarthy explained that the delivery trucks are no larger than a six-wheel box truck and the items are typically unloaded by hand. The Chairman asked What time of day the deliveries would be made. Mr. McCarthy explained that they would be made during work hours, 9:00 a.m. to 5:00 p.m. and they would take no more man roughly an hour to do. They are small vans. They are unloaded inventoried and left to be picked up. The Chairman asked Ms. Gandolfo if there is a parking variance needed. Ms. Gandolfo stated he needed one parking space. Mr. Margotta stated there were three or four spaces across the street. Ms. Gandolfo asked what happened to the office and residential. Mr. McCarthy replied that the residential was still there, mat's above, on the second floor. i I * Ms. Gandolfo asked about the office mat was in the previous application. Mr. McCarthy stated the office is not being used. \ i ; Ms. Gandolfo asked if it will be a warehouse/residential. Mr. McCarthy stated yes. Mr. Margotta stated he only needs three spaces. Mr. McCarthy stated mere is at least four spaces across the street, as well as parking for the warehouse would be in the warehouse. % Further discussion ensued regarding the uses of the building, loading and unloading. | ^^ The matter was now open for Public Hearing. i Ellen McDonough, 23 Kendall Avenue, stated that they were present at the last Public Hearing on this matter, and numerous things were promised that were never lived up to. Ms. McDonough stated that when they say "storage", she has a feeling that he is asking VjJ^A-L-.v^-v.^k^^fe^Ui^^i^oiW | f | �:•:"•} ' '2 t •4 * n § L|. % | • for this so that he can have an option to sell the property then he has storage for whomever. This is going to be grandfathered on to soriiebody else. Maybe someone will come in with bigger trucks and bigger storage. It is still a very- narrow street with children and residents, and we have to fight this everytime it comes up. -A The Chairman explains that thev have a rieht to do this every six months. i| Ms. McDonough stated they have lost a lot of spaces and they can't park there because if they park there, the police come and give them a ticket 3& The chairman stated mat in reply to the question raised about parking and tickets., it's p£fj something they can't deal with, but the suggestion might be for you to write a letter to the trustees and suggest to them some kind of compromise, for example, no standing or no parking during certain hours and just change the signs, then you will have parking in the evening. It's sort of reverse of what the issues are here. T i l **•*- John Silva stated that if they come in with vans, it wouldn't be so bad, but if they come in with trailers, this is a problem. He doesn't believe they will start with vans and continue with vans. Mr. Jiminez stated that mere can be a condition put in the variance to cover that concern. ! *- Jose Dorta, 19 Kendall Avenue stated in the beginning they were a loading zone from 9:00 to 5:00. After that they extended to 2:00 in the morning. Mr. Dorta asked why a small company needs so many hours for a loading zone. The Chairman asked if he didn't believe they should be able to have it late in the evening, those activities. Mr, Dorta stated that big companies don't have it that late, why should they. '•~l m©| Ff} mi Maria Perrone, 11 Kendall Avenue, stated that Mr. McCarthy said that they have a place in New Jersey and a place in New York and that once a week or once a month they would be having a delivery from South America with product. They said it would be a problem going down Kendall Avenue, so they would back up from Beekman Avenue. Ms. Perrone wants to know if that has changed. The Chairman stated that he believed it had changed. He remembers the supplies, but doesn't remember them coming from South America. The Chairman goes on to explain mat what Mr. McCarthy is saying is that they can live with the condition that they can't use trailers, they can't use semi's. And backing up the street is against the traffic regulation, so they can't do mat. A motion was made by Ms. Moiron to close the Public Hearing. Motion carried. vu ?M A discussion ensued A motion was proposed by The Chairman that the variance and the area variance be granted with the following conditions: 1) That the property be operated by only one business. 2) That the storage use is for shampoo products and shampoo component products. --? •-5 .- ,'i _', i w i ^ i : . -;«53t:^^:-^r.«Vits*-;^*^^ �3) That the pick up and deliveries occur only by car, small truck or van no larger than a box van, which is a six-wheel vehicle, that no trailers or semis be used for the pick up or deliveries. 4) That The hours of operation be limited to Monday through Friday, excluding holidays from 9:00 am to 5:00 pm. 5) That unloading and loading occur inside the warehouse. 6) That no permanent employees, including office employees, be located in the warehouse. 7) That there be no more than two deliveries a day. 8) That the parking lot across the street, which is owned by applicant be maintained for five parking spaces under the rules for parking lots that is contained in our Zoning Code. 9) That no parking of commercial vehicles occur overnight in either the building or the parking lot. Motion seconded by Mr. Jiminez. Motion carried unanimously. In the matter of Frank O'Brien, 111 Beekman Avenue. Janet Gandolfo, Village Attorney, read the legal notice. A discussion ensued regarding why applicant is making this application. The matter was open to the public. A motion was made by Mr. Jiminez to close the Public Hearing. Motion carried. A motion was made by Mr. Jiminez to grant the application with the caveat that it has to be used in conjunction with the bar that is there now. Seconded by The Chairman. Motion carried unanimously. In the matter of Henry and Sonva Chung, 12 Webb Road. Janet Gandolfo, Village Attorney, read the legal notice. A discussion ensued regarding adding an addition the the first and second floor of the premises. Sam Vieira, the project architect, handed a set of plans and explained them to the Board. The Chairman asked if this will go before the Architectural Review Board. Mr. Vieira Answered yes, if it is approved tonight. The chairman asked what they would need from the Sleepy Hollowr Manor Association in addition, and inquired as to if they have to approve t as well. Ms. Gandolfo explained that there is no restricted covenant, that it just went before mem and asked for their opinion. ; Ms. Gandolfo also explained that the covenants to towards other uses and fences and things of that nature. If there was a restrictive covenant they would have legal control over it, but the letter they sent is just expressing their opinion. �T> The Chariman asked if they have control over this, that he believes they took the position that they did have a right to approve or not approve. Mr. Margotta explains that covenants and restrictions means nothing to the Building Department. That is between them and the property owner. The property owner comes in and wants an application for a building permit. If it meets the requirements of the code, he can issue it. Mr. Margotta asked Janet Gandolfo if he is correct, and Ms. Gandolfo agreed. The matter was open to the public. Motion made by Mr. Jiminez to close the Public Hearing. Motion carried. A discussion ensued regarding granting the variance. A motion was made by The Chairman to grant the variance subject to the requirement that the proposed extension, including the rear extension, be approved by the Artichectural Review Board. Seconded by Ms. Moiron. Motion carried unanimously. There being no further^business, Mr. Jiminez made a motion to adjourn the meeting. Seconded by Mr. Tanner. Respectfully Submitted, Lydia Irizarry Recording Secretary �/ 2 March 1998 Zoning Board of Appeals ° James Margotta Due to the fact that there are no applicants appearing before the Zoning Board of Appeals for the month of March, there will be no agenda. 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-1998 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_1998-04-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-1998 Date A point or period of time associated with an event in the lifecycle of the resource 1998 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/06f3d53b8fe3d296ee4b727a099a57a9.pdf 24c15636dbc5f226915830b474dc7ae6 PDF Text Text A regular meeting of the Zoning Board of Appeals was held on May 20, 1998 at 8:00 p.m. in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591. Members Present: Robert Anello, Chairman Linda Moiron Eliot Martone George Tanner John Morabito Absent: Miguel Jiminez James Timmings, III Also Present: James Margotta, Building Inspector Janet Gandolfo, Village Attorney It was noted that the Recording Secretary did not have access to the tape recorder for said meeting. Chairman motions to begin meeting. Motion carried. Chairman stated the fifth item on the agenda, Maria Graca, was canceled for the Planning board and hasn't been switched from tonight. In the matter of Wayne Jeflers, 410 North Broadway Janet Gandolfo, Village Attorney, read the legal notice. Chairman asked if there were any variances for parking. Ms. Gandolfo suggested we should refer to Planning Board for review. It has parking, but it is not designated. CI zone permits restaurants, delicatessens, etc. Section 62.21 is a 200 foot requirement. Ms. Gandolfo asks the Board to consider it regarding use is already there. Mr. Margotta explained that it doesn'tfitinto the parameters of 62.21. The land is within 100 feet of another property, but the building itself is several hundred feet away from another establishment. Maybe 1,000 feet away is the restoration. Mr. Margotta also stated this law can be flawed. The reason is bodegas, etc., where you have odors of cooked food throughout the Village. Not having the wide variety of business, cooked food is a common business within the Village. Food and gas stations are common. • Chairman stated there is a letter dated 3/16/98 and the application says "see memo." There is no memo. - ..-i-JsSf^b-'i-.-r*?'* * " ' : --^i^fc^O^P^feTitTJSS^aiEiAUa J j t - . - ^ a j j j l i J J i^; :. ^ j , *3*ai �Representative stated he was going to submit it, but didn't see it necessary. Chairman asked if that was in totality. Representative stated he can get site plan done, if desired. Maybe this should be looked at by the architect. Chairman asked why has this grocery store been operating so long. Representative stated he didn't know. Chairman stated first the gas station. The convenience store has never come before the Board. Representative stated they were served with Notice of Violation by the Building inspector, that he doesn't believe they were aware they were doing anything wrong. Restaurants and delis are a permitted use. Chairman asked about the analysis on parking. Representative stated that presently there were no analysis on parking, they would need an adjournment to do it, and that there is presently adequate space for parking. Chairman asked if there were any questions. Mr. Tanner stated that since there is a gas station, there is also propane storage. We must be careful due to propane and diesel storage, and they may in fact not have sufficient parking. Ms. Gandolfo stated that the on-site plan will show curb cuts. The Chairman opened the Public Hearing. Jerry Garofolo stated that everything done there is illegal, it's less than 200 feet from Antonio Rodriguez's property. Everything that they have done shouldn't be approved. Chairman asked if there were any other questions. Chariman asked if there were any motions. Mr. Martone made a motion to close the Public Hearing. Mr. Morabito seconded the motion. Motion carried. .--L^i.^vi-i.iE<-ii&ck-i;&tei.%i^ �Chairman asked for any comments and stated his concern is the fact it's a grocery store that hasn't gone through the Board. It's been an eyesore for a long time. He took it before the Village could do anything about it. Chairman also stated he doesn't feel bad about the use. Ms. Moiron asked if they could restrict the use. Chairman responded yes, but is not sure if we want to have means of stifling competition. Mr. Martone stated there was propane, gas and diesel right there. Mr. Tanner stated that it should be taken through process. Mr. Morabito stated that the Board is a little confused. Cars park at pump stations, therefore you don't need parking. Mr. Morabito asks if he is wrong in his thinking. Representative responded no, Mr. Morabito is not wrong in his thinking. Mr. Morabito asked if people are going to be going in where they need time and parking spaces. Chairman asked if it was the same aspect similar to 7-11. Representative responded definitely, that you may grab an item or two there. Mr. Martone asked if this would allow them to serve prepared foods. Mr. Morabito asked if that was something approved there years ago, serving food. Representative responded not to his knowledge. Chairman stated that they can approve subject to getting site plan approved and limit it to no cooking on site. Chairman moved the Board grant the requested variance with three conditions: 1) No cooking or food preparation on site. 2) Comply with Village parking requirement in Zoning Code. 3) Attain approvalfromthe Planning Board. Ms. Moiron seconded the motion. Motion was passed by the Board. Mr. Morabito abstained. �4 In the matter of K. Kaufman, 15 Kelbournc Avenue Janet Gandolfo, Village Attorney, read the legal notice. A discussion ensued. Mr. Viera stated he has a full set of drawings. Chairman stated Mr. Viera has to get it approved by the Architectural Review Board. Chairman opened the Public Hearing. Mr. Morabito made a motion to close the Public Hearing. Mr. Martone seconded the motion. Public Hearing was closed. Marcello Poguio, 188 Cortlandt Street (Ice cream parlor) Janet Gandolfo, Village Attorney, read the legal notice. Chairman asked if there was no parking in the application. Ms. Gandolfo responded no, that the parking issue is grandfathered. Mr Marx, attorney for Mr. Pougio, stated Mr. Poguio has rennovated the building and would like to put an ice cream store on the other side of the barber shop. They come within the 200 foot provision. Mr. Marx further stated that there is a need for it. It is a clean establishment, and that the exterior of the building will not change. There will be no adverse effect on the community. Chairman asked if there were any questions from the Board. Chairman opened the Hearing for public comment. Mr. Morabito moved the Public Hearing be closed Mr. Martone seconded the motion. Chariman stated that the last ice cream store folded. Mr. Marx stated they will have candy, in the winter they will have soups. �Ms. Moiron made a motion that the variance be granted. Mr. Morabito seconded the motion. Motion was carried unanimously. In the matter of Joanne M. Becker, 102 Merlin Avenue Chairman stated Ms. Becker submitted an application. Janet Gandolfo, Village Attorney, read the legal notice. Chairman asked if there was any public comment on the fence. Mr. Morabito made a motion to close the Public Hearing Mr. Marton seconded the motion. Public Hearing was closed. Ms. Moiron made a motion to grant the application. Motion was seconded by Mr. Morabito. Motion passed unanimously. In the matter of Maria Graca, 143 New Broadway Chairman read the legal notice. Ms. Graca stated the front yard is 16 feet, the side yard encroached with the porch, the driveway only has one side 8.5 feet, the other side is 7.6 feet, not the 10 feet that are required. Chairman asked if there was anything else. Ms. Graca stated she submitted a survey with numbers and parking spots in back and the site plan, that she has that for the Planning Board. Chairman stated there is no reason to change and explained what the law requires. Ms. Graca stated the Board told her she should come back for another variance, which is a driveway. The house is 1,000 square feet, that the houses on therightand left are two stories, that she should have a second floor put on because it doesn't look nice. Ms. Graca also stated she does not want a one-family. -:J, ^ * - . ^ ^ ^ j ^ ^ X ^ s - s i ^ ^ �Chairman asked why she wanted a two-family. • Ms. Graca responded it was because it's what she wants. It's hard to have a one-family house. It's zoned for two-family. Ms. Graca also stated that she lives by herself and she can't rent Chairman opened the Public Hearing. Mr. Capacella stated he has lived in Weber Park for 25 years. Ms. Graca has 40 dump trucks of rubble in her yard. It's in the side yard. It's a dump Mr. Capacella also stated Ms. Graca turned her lot into a dump, that it bothers all these people. Mr. Capacella requested the Board to make her clean up her lot. Ms. Clark stated that she came to the first meeting and that her property abuts Ms. Graca's. Ms. Crane stated that she has photos that she took, that she has lived with this situation and can't do anything about it. Ms. Graca has excavation for house number two. Chairman asked Ms. Graca if she was building two new houses. Ms. Graca replied it's one new house and that she has to put a retaining wall up. Ms. Graca also stated that she came to the Building Inspector for a permit and was told that she couldn't do it. Chairman asked if Ms. Graca submitted building plans and if she had an engineer design the retaining wall. Ms. Graca responded no. Chairman asked if Ms. Graca had a topographical survey. Ms. Graca Responded yes. Chairman asked what happened on the site that made her know she needed a retaining wall. Ms. Graca replied when excavating it was discovered it was so deep they needed a retaining wall. Ms. Gandolfo asked if the excavation required her to submit calculations. �7 Ms. Graca stated they changed from one wall to another, that they thought this was not soft. They wanted some criteria from a factory, that's what is holding it up Ms. Gandolfo stated it's not that Building Department that's holding them up. Chairman opens the Hearing to public comment. Speaker stated he wasfrom148 New Broadway, that this was not a job for the Zoning Board of Appeals to rescue someonefroman il-considered investment. Proposed variances are not trivial and will alter the character of the existing area.. *-" Mr. Zeichell stated he has three children living with him, 5 cars. There is no parking there. Mr. Zeichell also stated he spoke with the Building inspector and asked if there will be a drywall to catch water. If not, it will go into their yards. They will have to pipe the water into Tappan Avenue Chairman stated that that issue is not before this Board, it's before the Planning Board, which is postponed. Ms. Doken, 149 New Broadway, stated she was concerned about parking. If the house is a mess now,can there be a guarantee it will look nice? People viewing this mess indicates the future of this residence. Ms. Roney stated this property is a total desaster, that they should enforce the law for failure to maintain the property. Ms. Moiron made a motion to close the Public Hearing. Mr. Martone seconded the motion. Public Hearing was closed. Chairman stated there was no basis to grant the variance. It is zoned for two-family, but is also zoned for a wider driveway. To suggest it will look awkward next to a house that isn't even built is awkward Ms. Moiron stated she agreed, it's a substantial variance. It's self-created. Mr. Morabito stated he didn't agree with the public comment about appearance, that pictures given are of no consequence. Mr. Morabito further stated that you have to look to the future and that the Board should not be influenced by those pictures. Chairman agreed. �8 Mr. Morabito reiterates that the pictures should not influence the vote. Chairman made a motion to deny the variance. Mr. Tanner seconded the motion. Motion carried. Ms. Graca stated she will take the side porch off and it will have four feet. Chairman stated if she didn't need the variance, she doesn't need it, but is not sure it would satisfy the Building Department. Chairman stated there are five elements to getting a variance and that none of the issues were addressed to grant a variance. The variance issue is resolved. Ms. Graca stated she will get an easement to the driveway. Chairman stated that if Ms. Graca wanted to do that, to talk to the Building Department and that she has to wait six months to come back. Ms. Graca stated that that was a disgrace. APPROVAL OF MINUTES Chairman has a correction on the February mintues at the second page, third paragraph. The word "again" should be "amid" at the end of the third paragraph. Chairman stated with that exception, the minutes could be approved. Mr. Morabito moved to accept February minutes with that correction. Mr. Tanner seconded motion. Motion carried. There being no further business, Mr. Morabito made a motion to close the meeting. Mr. Tanner seconded the motion. Respectfully submitted, Lydia Irizarry Recording Secretary •""-.ir*w --VJ" -- — •"" •-•' -,«--=<_'-J- :--±a:.c»«-.ti*i-E» - Oy;-.i«j?Aii!i:#^*fe»>&>i»*.fc^ �Mr. Margotta: No, this is an existing house. Mr. Morabito: This is going to be an improvement to the neighborhood. Mr. Martone: Wouldn't it be an improvement if he did it as a one-family? Ms. Moiron: But he doesn't meet thefiverequirements. Mr. Tanner: All five requirements must be met. This is a balancing act. Mr. Jimenez: Motion to grant. Mr. Morabito: Seconded. Mr. Tanner: Amend the application that hte parking conditions must be met, the sprinklers must be installed, and that prior to the working being started the Architectural Review Board pass on the plans. Discussion of the five requirements ensued as related to the motion. Mr. Morabito called for a vote on the motion. Motion carried 4 to 1, Mr. Martone opposing. Minutes of meeting of May 30, 1998 - page 3, bottom of the page, Approvala from Planning Board and ARE [regarding the BP station] Mr. Morabito moved that the minutes be accepted, seconded by Ms. Moiron, motion carried with Mr. Jimenez abstaining. Mr. Morabito moved that the meeting be adjourned. Dated: August 27, 1999 Sleepy Hollow, NY By: J*. ^ V ^ f ^ nda L. Bigford, 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-1998 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_1998-05-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-1998 Date A point or period of time associated with an event in the lifecycle of the resource 1998 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/83617f2fd2102b87343655ea06c5982e.pdf 62c586eaa39cdad902d2eb3c864bc858 PDF Text Text Ufa n A regular meeting of the Zoning Board of Appeals was held on June 17, 1998 at 8:00 p.m. in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591. Members Present: Robert Anello, Chairman Eliot Martone Linda Moiron James Timmings George Tanner Absent: John Morabito Miguel Jiminez Also Present: James Margotta, Building Inspector Janet Gandolfo, Village Attorney Chairman Anello called the meeting to order. In the matter of Joanne Becker, 102 Merlin Avenue, Sleepy Hollow. New York Janet Gandolfo, Village Attorney, read the legal notice. A discussion ensued. The matter was open for Public Hearing. A motion was made by Mr. Martone to close the Public Hearing. Motion carried. A motion was made by Mr. Martone to allow the application. Motion seconded by Mr. Tanner, with the addition that it must be subject to the approval of the A.R.B. Motion carried unanimously. In the matter of Marion Ragotti. 50 College Avenue. Sleepy Hollow, New York Janet Gandolfo, Village Attorney, read the legal notice. The Applicant was represented by Lee Hoffman, Esq., 399 Knollwood Road, White Plains, New York 10603. A discussion ensued. The matter was open for Public Hearing. Mr. Bellish stated that he lives right around the corner from said property, and has lived there since 1964 and has known that Marion lived upstairs and her mother-in-law and father-in-law have lived downstairs. The Chairman asked if Mr. Bellish had always known this premises to be a two-family house. Mr. Bellish stated yes and that he never knew it was a problem. Mr. Bellish stated he had no objection to it being a two-family house. Hugo Checci, 51 College Avenue, stated that he has lived right across the street ever since he returned from the war and has always known this to be a two-family house. \ �Mr. Checci stated that he use to be in the plumbing business and has done work on that house and would be able to verify more than anyone else that it has always been a twofamily house. A motion was made by Mr. Tanner to close the Public Hearing. Motion carried. A motion was made by Mr. Timmings to grant the application of the petitioner. Motion was seconded by Mr. Tanner. Motion carried unanimously. Other Matters: Ms. Gandolfo stated that the August meeting of the Zoning Board of Appeals has been canceled. Approval of Minutes A motion was made by Mr. Timmings to approve the 4/15/98 minutes. Motion was seconded by Mr. Martone. Motion carried unanimously. There being no further business, Mr. Timmings made a motion to adjourn the meeting. Motion seconded by Mr. Martone. Respectfully Submitted, Lydia Irizarry Recording Secretary fe^-'^'^sSe-t-.Jj-krS* ^i'^-.'i^.ft^zs.'-^^ ^_ ^^^*AZi#,«*^u^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-1998 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_1998-06-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-1998 Date A point or period of time associated with an event in the lifecycle of the resource 1998 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/fc1de1b34defa8144e212c59c406000e.pdf d1088453be910dc40bbcca6cdb6cb689 PDF Text Text 18 June 1998 * I To: Zoning Board of Appeals From: James Margotta be no Zoning Board meeting in i \ ^k*l^^i^t^idi>»tMiMM^*t^t^ i-i«&Ssdir^:^M^f^<i^£H ^S^si^&^^^^^S^Asai^isz i^afe^'ijte^eSsifti^ajaaiSiSasrt � 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-1998 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_1998-06-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-1998 Date A point or period of time associated with an event in the lifecycle of the resource 1998 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/2c5ae4cfb4939b6f3aafe069afd393e2.pdf d19c1c7719ca1d6b60287ddf7ceee3fb PDF Text Text 1 A regular meeting of the Zoning Board of Appeals was held on July 15, 1998 at 8:00 p.m. in the Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591. Members Present: Robert Anello, Chairman Linda Moiron Eliot Martone Miguel Jiminez John Morabito Absent: George Tanner James Timmings, III Also Present: James Margotta, Building Inspector Janet Gandolfo, Village Attorney Chairman made a motion to begin meeting. Motion carried. In the matter of Diane & Gert Bruning, 50 Devries Ave Janet Gandolfo, Village Attorney, read the legal notice. Ms. Bruning handed the Board a supporting letter from the primary neighbor involved, explaining that he couldn't be here tonight, and photocopies of the current fence and the fence down the line. Ms. Bruning states they are proposing to replace the fence that exists and extend it. Chairman asked if they received the mailings. Mr. Margotta responded yes. Chairman stated the letter Ms. Bruning just handed us is from William James to the Sleepy Hollow Zoning Board dated 7/14/98. Along with it are pictures of her broken fence. Ms. Bruning explains it's actually have been in discussion about this when I brought up the idea he said down my fence, so we propose"to do with his cooperation. his broken fence, but we for.several months, and by all means let's take it all our expense, but Chairman asked if this is the property behind Ms* Bruning. Ms. Bruning responded yes, and explained he is on Pierson, we're on Devries. �Chairman asked if the existing fence is the line on the diagram. Ms. Bruning responded yes, below. If you open it up, the top two is the current fence, as best as you can photocopy it, and stated she has the originals with her. The bottom one is trying to show how the fence continues down the same cedar stockade, continues down about three more adjoining yards and also on the side yard of Mr. James and his neighbor. A discussion ensued. The Chairman asked if there was anything else that Ms. Bruning wished to tell the Board. Ms. Brunning responded no and stated that she thinks it's in keeping with what already exists and is improving what already exists. We have nothing but wonderful relations with all our neighbors and so I don't think there is anything mean spirited about it. It's at a fair expense that we'll do this. Chairman asked if there was any Architectural Review Board. Ms. Bruning inquired if that's where she should go next. Chairman responded yes. Ms. Gandolfo explained that you don't see it from the street. Mr. Margotta explained if you don't see it, no. A discussion ensued. Chairman asked if there was anything else Ms. Bruning wanted to tell the Board. Ms.. Bruning responded no. Chairman opened the Public Hearing. Chairman asked if there was anyone from the public that wanted ?to comment. Victor Albanese, 62 Devries Avenue, stated I am the neighbor adjacent to her property. We ,have no objection to you giving iher the approval to do so. That's all I have to say. s*r. /---.*W;.i»t^;<isi>^Srj.«.?'-'""*''i»M^ �3 Chairman asked Ms. Bruning if the existing fence is exactly six feet or under six feet. Ms. Bruning replied that it's a curious thing because they thought it was five feetf because you go up to it in five places and it's like this. It wasn't really until we had a professional fence man come out and he said it's a six foot fence, but at any given place it seems less than six foot, but he said it is. A discussion ensued. Chairman made a motion to close the Public Hearing. Ms. Moiron seconds the motion. Public Hearing was closed. A discussion ensued. Chairman asked if anyone else on the Board wanted to comment. Ms. Moiron asked how tall the fence where it's going to meet is right there at that point. Ms. Bruning responded measureably six foot, but we know it's covered. Some of the bottom is covered. It's maybe 35 years old, so some of it's covered, some of it is rotted. Chairman inquired as to whether the fencer can make sure it's even with that. Ms. Bruning explained that when the fencer came they had a discussion and explained, she would like to emphasize, this is all totally friendly and we're trying to do it together and it's at our expense. The fencer had the choices of trying to keep it eye level, not like that, and that's what Bill would like, too. Chairman stated that it seems to him that it could be no higher than the existing fence, no higher than six feet. Seems to me that would solve the question of the Applicant. Chairman asked if anyone had anything else they wanted to add, any other discussion. Mr. Jiminez moved it should be granted for a six-foot fence. �4 Chairman expressed his request would be the Board grant it for a fence that is the same height, no higher than six feet and no higher than the existing fence, that would keep it within under six feet. Ms. Moiron stated that would mean six feet or less. Chairman agreed to six feet or less than the existing fence. Chairman asked if anyone wanted to support that motion. Ms. Moiron stated she would support that motion. Motion was passed unanimously. New York SMSA Limited Partnership, 701 North Broadway Janet Gandolfo, Village Attorney, read the legal notice. Chairman asked Mr. Margotta if they had the mailing returns. Mr. Margotta responded yes, they have them. Chairman inquired as to what extent has the mailing been done for this. Mr. Margotta replied 200 feet plus the DOT. Chairman inquired if it was 200 feet measured from the edge of the property. Mr. Margotta responded and one side of Sleepy Hollow Manor. Chairman inquired if Mr. Margotta knew approximately how many mailings they have. Ms. Schneider responded 33 were sent. I think 29 came back. Chairman directed Ms. Schneider to come up and give her name. Ms. Schneider addressed the Board as follows: Good evening. My name is Leslie Schneider. I am a partner in the law firm Schneider & Schneider. I am here tonight on behalf of two applicants, New York SMSA Limited Partnership and Sprint Spectrum. This is for area variances, wireless communication facility on the Phelps property at 701 North Broadway. �5 This application is unique in the sense this will be the first time two carriers have come together to join to build a facility that will accommodate the goals of two wireless carriers. The facility is located in the hospital district, which does not permit public utility installation, and that's why we're requesting a variance. In case law, acase called Cellular One versus Rosenberg, the New York Court of Appeals, which is the highest court in the State of New York, ruled that cellular and wireless carriers are public utilities by the State of New York and have a difference in zoning matters. This wireless service is deemed to be a public service, one that is needed in the community. We're here before you tonight because both of these have gaps in service in the Village of Sleepy Hollow. In order to fill that gap that will cover the entire Village, they have found the site t Phelps Hospital. A gap of coverage, what the term means is basically that people can't transmit or receive calls or their calls are staticky, or the calls get disconnected and dropped, or there is interference between calls that makes the call inaudible. You can't carry the call. In connection with this application, what I have with me tonight are various members, the frequency engineer arid real estate manager, and I will introduce them in a few moments to give you some of the details if you have any questions. But one of the things we did do is we did perform a visual analysis to see whether the site at Phelps Hospital would be visible from any of the residences. If you would oblige me for a moment, I would like to bring Mike Johnson, our real estate manager. Chairman asked Ms. Schneider to let him interrupt her for a second, that he wants to make sure we have in the record a listing of everything that has been given to the Board. Chairman stated to Ms. Schneider that she said she did a visual analysis and asked if that was a document that has been supplied to the Boardwe �Ms. Schneider replied that they have it and she can give it to the Board. Chairman asked if it is something they haven't given to the Board yet. Ms. Schneider replied no. Chairman suggested that the Board at least make sure they have agreement on what they have, because he has a letter dated June 8 from Ms. Schneider which states that in it are completed application form and support of the application, and he assumes that is the document, the memorandum Ms. Schneider responded that the Chairman was correct. Chairman listed the checks, which got cut off before they got to him, the site plan and the completed full environmental assessment form, and continued to list that he also has a letter dated July 1 from same, he assumes it's from Ms. Schneider, which repeats some of the materials, the same form, the revised site plan. Ms. Schneider stated that it basically supersedes their previous package. Chairman goes on to state that it says visual analysis and that he is not sure what the visual analysis was on that. A discussion ensued. Chairman stated that the analysis was based on topography and asked what is attached to that analysis. Ms. Schneider stated if you were standing, you would see this cross section they asked for. If you were standing each direction, basically it shows the vegetation would totally block your view. Chairman stated this was an analysis done for summer and spring. Ms. Schneider stated there is two parts to the analysis, one is just based on topography, looking at elevations, and then the other one is looking at if you were standing in the picture, a six foot person looking out. A discussion ensued. V..-:.i-*S - =JW^Hh=e*=3F*T: ^—"£.4^ !t7&^£^~££*£%^' 'i&^r&.4*^^J2^h££^&&&&^k^&^G&yfr .*feS^ m s^^j^fe^lji^ljssift �7 Chairman asked Ms. Schneider about the balloons. Ms. Schneider stated that they have actually flown the balloons on three separate occasions. Chairman stated he understood, and also stated that Ms. Schneider is before two boards, and one of the things might have been helpful if they notified the Board when the balloons were going up so the members could see it and the Building Department. He gathers it's not difficult to raise a balloon, not being facetious, so if the Board wanted to have a day or two days when a balloon is up and they can see it and members of the public could know it was up, so we have more of an informed perspective on the balloon, he assume it's not a difficult thing to do. Ms. Schneider responded no, it's not a difficult thing to do. As a matter of fact, we went out to Green Rock to take a look from a couple of different viewpoints up there. Mr. Schneider and Mr. Wylark, and they were out on the site and took a look and said, you know, there is some 80-foot trees out there and there is some good elevation with these trees. Their concern is I am 200 feet from the site, I am in the parking lot, it doesn't look that big because it slopes down a little bit as you go into the woods. And they actually had to take the balloon down to measure it because they didn't think it was 110 feet. Chairman stated that his concern is how they are going to see it from Broadway. Ms. Moiron stated she was concerned with Rockwood and she is also concerned the picture Ms. Schneider took. For example, on Fremont and Hemlock is an uphill shot, not looking at the back views of those houses along Hemlock. A discussion ensued. Ms. Moiron asked how wide the antennas would be. Ms. Schneider responded 43 inches long and 6.5 inches wide and that the antennas will be horizontal. Chairman asked if Ms. Schneider had a drawing. Ms. Schneider stated yes and explained this will give the Board an idea of how the antennas are fixed. �8 Ms. Schneider went on to describe the pole itself is designed to look something similar to a large street lamp or lamp post. Generally speaking they are painted sky blue to blend in with the backgrounds. We had a request from Mr. Schneider of Greenrock that we paint it on the green side to blend with the vegetation. I thought that was reasonable. Chairman asked if that's a better color in terms of visibility. Ms. Schneider stated in her opinion, that she has seen many, many poles, it's really a meaningless difference because there is about a four or 500-foot strip on Route 117 heading west where you can actually see the pole and you have to be looking for it, don't look at the road, look for the pole, and it's going to be difficult to see. A discussion ensued. Mr. Johnson from Bell Atlantic Mobil joined the discussion. Chairman asks the public if they have any comments. Chairman stated to Ms. Schneider that he didn't mean to cut her off. Ms. Schneider stated that she just wanted to make sure that this is part of the record. I can give you these maps. Chairman stated he would like the maps as part of the record and asked if Ms. Schneider is giving the Board the photographs of what is seen up there. Ms. Schneider stated these are Sprint maps that are on those boards, and the photo from the James House that they asked for, and also the visual analysis, and stated that this will all be made part of their record. A discussion ensued. Ms. Gandolfo asked if the number they offered was 120,000. Ms. Schneider responded yes, for the structure Chairman stated they would send their assessor. Mr. Jiminez stated it should cost much more than that. �Ms. Gandolfo replied it may be, and that's what our assessors will have to determine. Chairman asked Ms. Schneider if there was anything else she wanted the Board to hear before they open it up for the public. Chairman stated that they are going to have some more comments, but if Ms. Schneider doesn't have anything more right now, he will ask the public for their comments, and maybe as we respond to some of them they may all be answered. Chairman opened the matter for Public Hearing and stated that anyone who would like to speak, raise your hand. When you're asked to speak, give your name and address so the court reporter can take it down. Mr. Weiss stated my name is Richard Weiss. I am the president of Sleepy Hollow Manor Homeowner's Association. The site is going to effect us. We're pleased at the attempts to hide this as best as possible, but we're not convinced by renderings that show views from ground level they will not be adverse on the homes, backyards, as have been noted by some of your Board members. From the upper stories of our homes, we're not convinced this is not going to be seen. It's very unclear also that the other available sites in the Village made it clear they don't want this pole. Once again the hospital seems to be quite equipped and we're not very happy about the way we're doing this. Chairman asked Mr. Weiss if he was able to see the balloon study. Mr. Weiss stated he was not aware it was being done, he works, like the rest of us, and he is not home. Chairman asked Ms. Schneider if the Board wanted the balloon, for how many days would it stay up. Ms. Schneider stated that generally they do it like 6:00 in the morning because that's when the wind is the least. They actually have this measured. Chairman asked again, how long would the balloon stay up. �10 • Ms. Schneider responded usually we keep it up for about two hours. Ms. Moiron asked if they could keep it up for consecutive days. Ms. Schneider responded what they would like to do, if possible, if the Board tells them a day, this day at this time, they can do it late in the morning or early in the day, that the best thing is early in the morning. Mr. Johnson stated the most ideal time to do it is early in the morning simply because that's when the winds are the lowest, that they have done it on Saturday and weekends so people are available to come by and see. Mr. Weiss stated that if you run your business in the south part of town or go to New York City, you're not looking for a balloon flying over Phelps. Mr. Johnson stated that that's the beauty, once the site is built, you won't be looking for that either and won't see it. We're saying we're flying a balloon A discussion ensued. Chairman suggested that if we're going to do a balloon test, we coordinate it with the Planning Board and do it with adequate notice to people. Ms. Moiron agreed that adequate notice is a must. Chairman stated that he thought the Board should let the ARB know also, but he doesn't think they are going to be able to give their opinion. A discussion ensued. Ms. Schneider asked when the balloon test would be good. Chairman stated that the Board's suggestion is they want to coordinate with the Planning Board. Ms. Moiron stated that the Zoning Board does not have a meeting next month, so it won't be until September. Ms. Gandolfo asked if all the property owners in Sleepy Hollow Manor should be apprised. -f-si &a^1s£r*5^i^1^^ ^^j^jcii^iS'h^'^Ls.ft^siuSJr'i �11 Mr. Weiss suggested Hemlock Drive, Terrace Close. He would circulate something for all of Sleepy Hollow Manor. We can get something around August 6th. Ms. Gandolfo agrees, just as long as everyone gets it. Mr. Weiss stated your legal department is another thing, but I will get this out. Ms. Gandolfo states there is really no legal requirement for this type of notice, it could be either at the expense of the Applicant or if he wants to distribute it. Ms. Gandolfo asks Mr. Weiss which method he believes would be the most effective. Mr. Weiss stated whatever Bell Atlantic does with respect to it, he will still send out his own additional notice. Ms. Gandolfo suggests, because of the configuration of Sleepy Hollow Manor, you can see there are streets down by the river hat may have a little bit, there aren't that many houses, to just send a notice to each household. A discussion ensued. Chairman stated we are not asking for notice that you have already done. The balloon is going to rise. They must have notice so they can look at it. Do it whichever way you want. We'll have to evaluate the imput we get. What I would like to do is suggest we coordinate the Planning Board and the Building Department and come up with a day and work with you and tell you when we would all like to have it done. Ms. Schneider stated when they go to the Planning Board tomorrow night, they can suggest whatever dates are convenient, then she can come back to the Zoning Board. Chairman stated that they can coordinate it through the Building Department. We may want to give it some thought. I don't know about tonight. I would say a Saturday. Ms. Moiron suggested maybe also a day during the week. A discussion ensued. Chairman asked if we have a motion, have we voted to adjourn this hearing. -, -+ - . J , �12 Mr. Morabito makes a motion to adjourn. Ms. Moiron seconds the motion. Motion carried unanimously. Approval of minutes Chairman stated that he has read the June minutes and has no questions. Ms. Moiron stated she has no objections. Mr. Morabito made a motion to accept the minutes. Ms. Moiron seconds the motion Motion passed unanimously. Mr. Morabito made a motion to adjourn the meeting. Ms. Moiron seconds the motion. Meeting adjourned. Respectfully ^Submitted, Lydia Irizar-ry / Recording Secretary • ^.^;v^^a>i»i*i**^ �O ' N E I L L , D I M A N N O 8C K E L L Y 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 T E L E P H O N E (212) 2 6 7 - 5 5 5 6 G E R A L D T . DlMANNO JAMES A. KELLY, JR. CHARLES V. O'NEILL U R B A N S. MULVEHILL* SAMUEL W. SANSONE J A M E S P. SAUTER** FACSIMILE ( 2 1 2 ) 2 2 7 - 3 2 3 5 EUGENE T. McQUADE (1898-1965) * ADMITTED IN NEW YORK AND CONN. •* ADMITTED IN NEW YORK. NEW JERSEY AND CONN. June 22, 1998 Certified Mail Return Receipt Requested Village Clerk Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Re: 8 & 9 Kendall Avenue Sleepy Hollow. New York Dear Sir or Madam: As you know, we are attorneys for the Hechts, the owners of the above-captioned parcels. The Hechts' application for a variance and Certificate of Occupancy was approved by the Village Zoning Board of Appeals on April 15,1998. To date, the Certificate of Occupancy and minutes of that particular Zoning Board meeting have not been made available to the property owners. Their architect, Mr. Sean McCarthy, has made personal inquiries concerning the same matter on three separate occasions and has been given a variety of excuses for the documents unavailability. The week before last, I forwarded a letter to your office (copy enclosed) and have not even been provided with the courtesy of a response. The continuing delay (now approaching seventy (70) days) in the completion of these generally ministerial acts has caused my clients concern. Not only have my clients remitted fees to cover the cost for these services to the Village, it is especially troublesome as the delay has severely impaired their ability to sell the property. The owners have had several interested purchasers for the property. However, every inquiry has been terminated after my clients could not provide the prospective purchasers with a current Certificate of Occupancy. �O ' N E I L L , ' D I M A N N O 8C K E L L Y • We, therefore, respectfully request the immediate issuance of the Certificate of Occupancy for the premises and the minutes of the April 15,1998 meeting of the Village Zoning Board of Appeals. Very truly yours, cc: • • Mr. G. Hecht J. Gandolfo, Esq. �* O ' N E I L L . D I M A N N O 8C KELLY ATTORNEYS AT LAW IS BEEKMAN STREET NEW YORK. NEW YORK 10038-1509 TELEPHONE (212) 267-5556 G E R A L D T . DlMANNO JAMES A. KELLY. JR. CHARLES V. O'NEILL U R B A N S. MULVEHILL* S A M U E L W. S A N S O N E JAMES P. SAUTER** FACSIMILE (212) 227-3235 EUOENE T. MCQUADB (IIM-I9U) • ADMITTED IN NEW YORK AND CONN. • • ADMITTED IN NEW YORK. NEW JERSEY AND CONN. June 9,1998 Village Clerk of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10571 Re: Gordon Hecht 8 & 9 Kendall Avenue Sleepy Hollow. New York Dear Sir or Madam: We are attorneys for Mr. Hecht, and on his behalf, we implore you to arrange for the issuance of the Certificate of Occupancy as approved by the Village Zoning Board of Appeals at their meeting of April 15, 1998. On several occasions+.Mr. Hecht's architect, Mr. Sean McCarthy has made personal appearances to your offices and has requested same, together with a copy of the minutes to the April 15th meeting of the Zoning Board of Appeals, that authorized the issuance of the aforementioned Certificate of Occupancy. Almost two months have past and to date a Certificate of Occupancy has not been issued nor has a copy of the minutes of the meeting been furnished to Mr. Hccht or Mr. McCarthy. Please note that Mr. Hecht is currently engaged in marketing the premises and has received a significant response to his marketing. However, every inquiry has ended in the same fashion-a request for a copy of the certificate of occupancy, an explanation of the current status of the certificate of occupancy, and the swift termination of the conversation by the prospective purchaser. We ask that you kindly attend to the issuance of the Certificate of Occupancy and the minutes of the April 15th meeting of the Zoning Board of Appeals in an expeditious manner. Very truly yours. cc: Mr. G. Hecht Mr. S. McCarthy James P. Sauter �CERTIFIED O ' N E I L L , D I M A N N O 8C K E L L Y 15 BEEKMAN STREET NEW YORK, NEW YORK 10038-1509 z iai 2Ti iia MAIL 23^ 231®* Village Clerk Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 «\%ieoi -^*:iv^JtaaiB3^*s&->to I. I! fiJilfiHiHiiiiiililiulhHuliliiiiiifiiiiliUi •^•^iia �O ' N E I L L , D I M A N N O 6C K E L L Y A T T O R N E Y S AT LAW 15 B E E K M A N S T R E E T N E W Y O R K , N E W YORK 10038-1509 T E L E P H O N E (212) 267-5556 G E R A L D T. DIMANNO JAMES A. KELLY. JR. CHARLES V. O'NEILL URBAN S. MULVEHILL* SAMUEL W. SANSONE JAMES P . SAUTER** FACSIMILE (212) 227-3235 EUGENE T. M c Q U A D E (1898-1965) • ADMITTED IN NEW YORK AND CONN. •• ADMITTED IN NEW YORK. NEW JERSEY AND CONN. June 9,1998 Village Clerk of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10571 Re: Gordon Hecht 8 & 9 Kendall Avenue Sleepy Hollow. New York Dear Sir or Madam: We are attorneys for Mr. Hecht, and on his behalf, we implore you to arrange for the issuance of the Certificate of Occupancy as approved by the Village Zoning Board of Appeals at their meeting of April 15,1998. On several occasions, Mr. Hecht's architect, Mr. Sean McCarthy has made personal appearances to your offices and has requested same, together with a copy of the minutes to the April 15th meeting of the Zoning Board of Appeals, that authorized the issuance of the aforementioned Certificate of Occupancy. Almost two months have past and to date a Certificate of Occupancy has not been issued nor has a copy of the minutes of the meeting been furnished to Mr. Hecht or Mr. McCarthy. Please note that Mr. Hecht is currently engaged in marketing the premises and has received a significant response to his marketing. However, every inquiry has ended in the same fashion—a request for a copy of the certificate of occupancy, an explanation of the current status of the certificate of occupancy, and the swift termination of the conversation by the prospective purchaser. We ask that you kindly attend to the issuance of the Certificate of Occupancy and the minutes of the April 15th meeting of the Zoning Board of Appeals in an expeditious manner. � 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-1998 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_1998-07-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-1998 Date A point or period of time associated with an event in the lifecycle of the resource 1998 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/afec6945adbc955782232dcc914e9619.pdf 2ad444ed1b70e1fa2a7fe7b7492c1bf9 PDF Text Text 2 October 1998 Members of the Zoning Board of Appeals James Margotta There "will be no Zoning Board of Appeals meeting for the month of October, 1998. � 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-1998 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_1998-10-02 Subject The topic of the resource Zoning Board Minutes & Resolutions-1998 Date A point or period of time associated with an event in the lifecycle of the resource 1998 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/409ecc1a4c89a6f0e2fb49ba4fc3d513.pdf 6f62cc38e57c751cbc21757199c1de1c PDF Text Text AGENDA Zoning Board of Appeals December 16, 1998, 8 P.M. 1. Miguel Jimenez, 85-87 Cortlandt St. Continued. 2. A. Triana, 97 College Ave. Parking garage, continued. COKCC ikj (Meat Mkt.) � 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-1998 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_1998-12-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-1998 Date A point or period of time associated with an event in the lifecycle of the resource 1998 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