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                    <text>A regularly scheduled meeting of the Zoning Board of Appeals of the Village of
Sleepy Hollow was held on January 20, 1999.
/^
Present:

Robert Anello, Chairman
LindaMoiron
George Tanner
Elliot Martone
Miguel Jiminez

Absent:

John Morabito
James Timmings III

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Also present: Janet Gandolfo, Village Attorney
Cras II Real Estate, 36 Beekman Avenue, variance from 12 additional parking spaces.
Legal notice was read. The applicant submitted proof of mailing. John Hughes,
Esq. appeared on behalf of the applicant which he stated was a joint application between
the landlord and a prospective tenant. The applicant explained that the landlord would
like to rent the basement portion of the premises to Deboralynn Press, who would like to
establish a dance studio. Mr. Hughes explained that the access to the studio would be
from the rear of the premises.
Ms. Press explained her business to the Board. She stated that she usually has
classes (with approximately 4 students) on Saturday between the hours of 9:30 and 12
noon and on weekdays after 3:30 p.m. Her classes presently consist of ballet and jazz.
Ms. Press stated that most of her students either walk to the studio or are dropped off by
their parents, therefore requiring very little parking on or off the location.
The landlord, Rob Solari, addressed the Board and stated that on Saturdays one of
his other tenants, Phelps Threshold is closed on Saturdays so the dance studio will have
access to their 5 spaces. Also, the dentist only sees emergencies on Saturdays and is
usually not in the office after 2 p.m. Therefore, the dentists spaces would also be available
to the dance studio.
A motion was made and seconded to open the public hearing.
James Laird, 115 Harwood Avenue, spoke in favor of the application stating that
his kids take the dance lessons and it would be an excellent resource for Sleepy Hollow.
Mr. Laird stated that "it is time Sleepy Hollow had its own dance studio.11
Other speakers including Emily Scarpalleti, 101 Rice Avenue, Rudy Munreo, 63
New Broadway, Pat Munroe, 63 New Broadway, Susan Lewis, 176 Hunter Avenue, and
Sonya Munroe, 63 New Broadway also spoke in favor of the application. The speakers

�noted that Ms. Press would be a great asset to the community as she donates much time to
the schools and also teaches her students the value of going out into the community. They
also stated that the students are mostly local so most of them would walk to the studio.
Mrs. Munroe made the point that every Saturday night BINGO is held at the Central
Firehouse which is attended by over 100 people and those people seem to find parking.
The public hearing was closed.
Chairman Anello queried whether this use would present problems which would
make it unwise to give the variance. A discussion ensued.
The Chairman also pointed out that a variance was granted in 1985 and the owner
of the property stated at that time there were no plans for any future expansion.
Mr. Tanner stated that the owner should not be held to that representation as much
time has elapsed and things change. The other Board members agreed with him.
Ms. Press stated that she has searched all over the communities of Tarrytown and
Sleepy Hollow for space which would be affordable for her and was unsuccessful in
finding anything but this location.
The Board made the following findings: 1) the variance sought cannot be achieved
by other means; 2) the problem was not self-created by the tenant; 3) it is impossible to
say whether the use would be a detriment or not to the neighbor but certainly the lack of
parking would be detrimental; and 4) the use of a dance studio was a unique use.
A motion was made by Mr. Tanner, seconded by Mr. Martone, that the variance
be granted subject to the following conditions:
1) Parking spaces at the premises shall be allocated to the dance studio in the
following manner: Monday-Friday after 6 p.m. (9 spaces) and all day Saturday (5 spaces).
2) The variance is granted to this tenant and this tenant's use of a dance studio
only and cannot be transferred. In the event either this tenant moves out of the location or
she ceases to do the business as outlined in the application before the Board, the variance
shall lapse.
3) Appropriate signage shall be installed at the premises indicating the condition
as outlined in paragraph (1) above.
Motion carried unanimously.
Hollywood Pizza, request for renewal of variance approval.
After a very brief discussion with the applicant motion was made by Mr. Tanner,
seconded by Mr, Martone to approve the renewal. Motion carried unanimously.

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�Miguel Jiminez. Continuation of variance application for 85-87 Cortlandt Street.
Mr. Jiminez recused himself from participating in the determination of this
application.
After a brief discussion (public hearing was opened and closed as there was no one
appearing to address the application) in which the applicant stated to the Board that he
was rented three (3) parking spaces from the Village in a parking lot it leases adjacent to
the premises, a motion was made by Mr. Martone, seconded by Ms. Moiron to grant the
variance subject to the following conditions:
1) The applicant shall maintain three (3) spaces in the adjacent parking lot for as
long as the parking lot is leased by the Village.
2) The applicant shall install the appropriate signage at the parking lot for the
three (3) spaces indicating that the parking is reserved for the meat market.
3) Applicant agrees to pay for materials up to the amount of $2,000 if the Village
decides to pave the parking lot.
4) If any of the above conditions cease to be met, the variance shall lapse and the
applicant shall be required to reappear before the Board. "
Motion carried unanimously.
There being no further business, the meeting was adjourned at 9:30 p.m.
Respectfully submitted,

Janet Gandolfo

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                    <text>5 March 1999
;

To: Zoning Board of Appeals
From:/ James Margotta

There will be no Zoning Board meeting for the
month of March, 1999.

+

•

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                    <text>ZONING BOARD MINUTES
May 19,1999

Present:

Robert Aneilo, Chair
Eliot Martone
John Morabito
George Tanner
Linda Moiron
Miguel Jimenez

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Absent: James Timmings, HI
James Margotta, Building Ins.

Also Present: Robert Ponzini, Esq.
Village Counsel
The meeting was called to order at 8:06 p.m.
1.

Castle Oil Corporation, 11 River Street, Sleepy Hollow, NY
The notice was read and is incorporated into the minutes by reference.

David Steinmetz, Esq. stated that the return receipt cards from notifying the public were
on file with the Building Inspector, which was confirmed by the secretary.
Discussion ensued as to whether all parties within the 200 foot radius had been notified,
which after measuring the map, it was determined that all those parties within that radius had in
fact been noticed.
Further discussion was held regarding notification of the Fire Department, and it was
stated that the Building Inspector should notify the Fire Department for any further public
hearings on this issue.
Mr. Steinmetz stated that his clients' position is that the Building Inspector wrongfully
denied their application for a building permit, citing Section 62-25(B) of the Village Zoning
Code, stating that this is not an unlawful change or expansion of a pre-existing non-conforming
use, and that if the Zoning Board so determined that the building permit was wrongfully denied,
no variance would be required.
The Chair noted for the record that the ZBA had received notice, the application and
various correspondence between the Building Inspector and Castle Oil Corp.
The Chair requested that the applicant state their reasons why this is not an application
for three additional non-conforming structures. The applicant responded that clearly these are
new structures, however they are within the same dykes as those tanks that are being removed,
and that the applicant is effectively trying to modify their existing site to provide for an increase
in volume on site. The applicant further stated that the case law is clear that an increase in

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�volume does not make it a qualitative change in the use, and that as such non-conforming uses
are protected. The applicant stated that no where in the Code is it defined what constitutes a
change or alteration in the structure.
Mr. Tanner cited Section 62-4 as defining "structure." As defined, these new tanks are
structures.
The applicant reiterated that these are replacements for two tanks which are already
existing.
Discussion ensued as to the first prong of the application, i.e. the appeal of the ruling of
the Building Inspector to deny the building permit for the erection of the two new tanks. The
applicant requested that the Board address the issue of interpretation.
Eliot Martone moved that the meeting be opened to public comments, seconded by Mr.
Tanner. The Chair opened the meeting to public comments.
Discussion ensued as to non-conforming use. Mr. Tanner read into the record Section
62-5.1(B) as follows:
B.

Purposes of district.
(1)

The land and water area of the Village of Sleepy Hollow's Hudson
River waterfront represent a unique mix of natural and man-made
resources. These resources have historically played an important
role in the development, economy and cultural heritage of the
village and the region. The general quality of the waterbodies
within and adjacent to the village, the visual, scenic, natural
resources, cultural character, historic resources and structures, and
the Tappan Zee East Scenic District (Article 49 of the N YS
Environmental Conservation Law) are some of the primary
elements comprising and documenting these important natural and
man-made resources.

The Chair stated that under Section 62-48 the ZBA is obligated to bring in the Planning
Board. He further stated that there should be full input from the Building Department, the
Planning Board and a public hearing held on this issue.
Further discussion ensued regarding mis as a non-conforming use.
Mr. Tanner moved that mis is a non-conforming use, seconded by Ms. Moiron. The
Board voted unanimously in favor of the motion. The application to overrule the Building
Inspection was denied.

Zoning Board of Appeals
May 19,1999

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Discussion ensued as to the second prong of the application, i.e., the request for a
variance from Section 62-25(B). The ZBA requested that a more complete application be filed.
The applicant requested that they be allowed to withdraw, without prejudice, the application for
a variance, and asked that the ZBA not vote on this issue, pending a resubmission of a new, more
complete application. A motion was made by Mr. Jimenez to grant applicants request, seconded
by John Morabito, which unanimously passed.
Mr. Tanner made a motion that the incumbent Chairman, Robert Anello, retain his seat
for the upcoming year, seconded by Ms. Moiron, which unanimously passed.
Ms. Moiron made a motion to adopt the January minutes of the ZBA meeting, seconded
by Mr. Tanner, which unanimously passed.
Mr. Jimenez made a motion to adjourn the May meeting of the ZBA, seconded by Mr.
Martone, which unanimously passed.

Zoning Board of Appeals
May 19,1999

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�•

attorney, often works from home and needs the extra space for conferences. The slope of the
property did not allow for the addition to go in on area and a marsh is on the other side. It is a
two foot variance, which will also incorporate a deck over the study.
John Morabito moved to open the public hearing, seconded by Miguel Jimenez. The
motion carried.
There were no public comments.
George Tanner moved to close the public hearing, seconded by Eliot Martone. The
motion carried.
i

George Tanner moved to approve the plans as submitted, as it conforms to the
neighborhood, there is no opposition from the public, and the property is adjacent to the hospital.
Miguel Jimenez seconded the motion. The motion carried unanimously.

The minutes of the May meeting were discussed and approved with the following
corrections:
Second page, second line, "nowhere" should be one word.
Second page, second paragraph should read Section 62-51 (E) as follows:
Special permit uses for properties that have direct frontage on the Hudson River
waterfront. A building may be erected, reconstructed, altered, arranged,
designed or used and a lot or premises may be used for any of the following
purposes and for no other purpose in the RF - Riverfront Development District
subject to the issuance of a special permit by the Village Planning Board, in
accordance with provisions of Section 62-16.1 of the Village Zoning Code. In
addition, the following uses will be subject to site plan review and the
requirements of other applicable portions of the RF Zoning District:
The ZBA elected as their Vice Chairman, George Tanner, nominated by Robert Anello,
seconded by Eliot Martone. The motion carried unanimously.
John Morabito moved to adjourn the meeting.
-—

raw

Dated: June 24, 1999
Sleepy Hollow, NY

By:

/

da L. Bigfordyftecording Secretary
Zoning Board of Appeals
June 16,1999

i

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                    <text>V

ZONING BOARD MINUTES
June 16, 1999

Present:

Robert Anello, Chair
Eliot Martone
John Morabito
George Tanner
Linda Moiron
Miguel Jimenez

Absent: James Timmings, III

Also Present: Robert Ponzini, Esq., Village Counsel
James Margotta, Building Inspector
The meeting was called to order at 8:12 p.m.
1.

Al and Jane Gunnison, 12 Millard Ave. - Addition, porch
The notice was read and is incorporated into the minutes by reference.

It was noted that the application contained a letter of May 12, 1999 from Bradley Olson,
a letter of May 14,1999 to Albert Gunnison, survey; application for building permit, and plans.
Presentation was made by Bradley Olson, designer for Gunnisons. Mr. Olson stated that
this is really three small additions. The most significant is the wrap around porch, which is what
actually extends the lot coverage. The proposal is to expand the existing porch, creating a gable
and wrap the porch around the side along the driveway. Since this house is somewhat plainer
than most of the rest of the houses in the area, this design is in keeping with the neighborhood.
The existing terrace will be resurfaced and since the current terrace was built without any
building department approvals this will require a variance. Photos were presented to show the
houses in the area.
Eliot Martone moved to open the public hearing, seconded by George Tanner. The
motion carried.
No public comments were made.
John Morabito moved to close the public hearing, seconded by Miguel Jimenez. The
motion carried.
"*
Discussion ensued regarding the terrace and the terrace will continue to be used as a
terrace, but not screened in. It is to remain open and not covered.
Miguel Jimenez moved to approve the plans as submitted, seconded by George Tanner.
The motion carried unanimously.

^ - ^ « i ^ i * i « ^ j v ^ &gt; i f . s : ^ t t . ;.=^^^^

�2

2.

Mr. and Mrs. William Hammer, 10 Highland Avenue - Addition.
Robert Ponzini, Village Attorney, recused himself from any discussion.
The notice was read and is incorporated into the minutes by reference.

Mrs. Hammer presented their application. This is an addition to the rear and second story
which will encroach 22" onto the 10' side yard setback. There is a non-buildable lot next door.
This will add 3 lA feet to the master bedroom and master bathroom, adding a 4th bedroom. The
home is colonial in design and the addition is in keeping with the rest of the neighborhood.
There is a wooded lot abutting their property as a buffer from Route 9.
Miguel Jimenez moved to open the public hearing, seconded by Robert Anello. The
motion carried.
There were no public comments made.
John Morabito moved to close the public hearing, seconded by George Tanner. The
motion carried.
Eliot Martone commented that the plans look to be in keeping with the neighborhood,
noting that the lot abuts a "paper street" and this is a non-buildable lot.
Robert Anello noted that the buffer makes the variance de minimus.
Mr. Martone moved to approve the plans as submitted, seconded by George Tanner. The
motion carried unanimously.
3.

Shawn and Martha Dugan, 9 Birch Close - Addition.
The notice was read and is incorporated into the minutes by reference.
The building inspector noted that the return receipts have been received by his office.

The application consisted of the legal notice, plans, application for building permit,
petition for variance, short-form EAF, and site plans. A letter of May 19, 1999, had been
received to postpone this application until June.
Sylvia Lee, architect, presented the plans for an area variance for a non-conforming side
yard setback.
The addition is to be located on the northwest side where there is access to the basement
directly to the proposed study. A previous renovation added french doors from the kitchen to the
deck as proposed. The plans are stepped to conform to the site, however, Mr. Dugan, an
Zoning Board of Appeals
June 16, 1999

�. s*

attorney, often works from home and needs the extra space for conferences. The slope of the
property did not allow for the addition to go in on area and a marsh is on the other side. It is a
two foot variance, which will also incorporate a deck over the study.
John Morabito moved to open the public hearing, seconded by Miguel Jimenez. The
motion carried.
There were no public comments.
George Tanner moved to close the public hearing, seconded by Eliot Martone. The
motion carried.
George Tanner moved to approve the plans as submitted, as it conforms to the
neighborhood, there is no opposition from the public, and the property is adjacent to the hospital.
Miguel Jimenez seconded the motion. The motion carried unanimously.

The minutes of the May meeting were discussed and approved with the following
corrections:
Second page, second line, "nowhere" should be one word.
Second page, second paragraph should read Section 62-51 (E) as follows:
Special permit uses for properties that have direct frontage on the Hudson River
waterfront. A building may be erected, reconstructed, altered, arranged,
designed or used and a lot or premises may be used for any of the following
purposes and for no other purpose in the RF - Riverfront Development District
subject to the issuance of a special permit by the Village Planning Board, in
accordance with provisions of Section 62-16.1 of the Village Zoning Code. In
addition, the following uses will be subject to site plan review and the
requirements of other applicable portions of the RF Zoning District:
The ZBA elected as their Vice Chairman, George Tanner, nominated by Robert Anello,
seconded by Eliot Martone. The motion carried unanimously.
John Morabito moved to adjourn the meeting.
Dated: June 24, 1999
Sleepy Hollow, NY

By: I
ida L. BigfordyKecording Secretary
Zoning Board of Appeals
June 16,1999

&lt; - * ^ : ^ - j ^ t ; % ^ V # i ,-..-••*&gt;

^•^^s^j^z^^^^i^^^^^^^,^^^^^^^^^

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To: Zoning Board of Appeals
From: James Margotta

There will be no meeting of the Zoning Board of
Appeals for the month of July, 1999.

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i^Cyf~^l4JU'

ZONING BOARD
Meeting of August 18, 1999

Present:

George Tanner, Acting Chairperson
Eliott Martone
John Morabito
Linda Moiron
Miguel Jimenez

Also Present: James Margotta, Building Inspector
Edward Lammers, Esq., Village Counsel
Not Present: James Timmings, III
Robert Anello

The meeting was called to order.
There are only four members of the Zoning Board of Appeals present at this time, and any
decision must be made unanimously. There are two applications pending. Do either of the
applicants have a problem with this? (No)
Going ahead, we have a quorum. (Arriving late, Miguel Jimenez)
1.

Application of Maria Beltran, 230 N. Washington Street. Restaurant/take out.

Roger Beltran, Architect made a presentation. There are three stores at this location with
two apartments over the first floor. In regard to the parking variance, the property is completely
covered by the existing building. There is meter parking along thefrontof the building. The
majority of the businesses in the area are within walking distance. Any other use of this property
would also require a parking variance.
.
The second variance is for the 200 foot set back. The closest establishment is a diner on
the corner. There is a large demand for this type of food establishment. This would be as similar
establishments in the area. The applicant is willing toriska significant investment in this
establishment and they are ready to build.
~
This type of variance will not negatively impaact the neighborhood and the opening of the
now vacant storefrontwill only improve the neighborhood.
Acting Chair George Tanner asked about what sort of activity did the owner's anticipate.
The response was mostly walk-in, for spanish/american take out. They expected to employ a
cook, waitress, but no drive-up window.

�\

•

Miguel Jimenez moved to open the public hearing, seconded by John Morabito, and
unanimously carried.
A letterfromHugh Casey was read into the record and made a part hereof by reference.
Miguel Jimenez moved to close the public hearing, seconded by Eliott Martone, and
unanimously carried.
Mr. Tanner expressed that he had no problem with the 200 foot rule, but a large problem
with the parking situation. He inquired as to whether any arrangements had been made by the
applicant for parking elsewhere. They only need two parking spaces. Mr. Beltran responded that
they mostly anticipate their clientele to be within walking distance.
Mr. Jimenez stated that since this is going to be a walk-in establishment, he recommends
that the application be granted.
Mr. Martone statated that the apartments pre-date the zoning code. They did a
renovation, new sheet rock, etc. but not such an extensive renovation that they lose their rights.
If we grant this application, any business is going to require parking. Right now, t his space
cannot be used without a variance.
Discussion ensued concerning the 200 foot rule.
Mr. Jimenez moved to grant the application.
Mr. Morabito moved to amend the motion to allow not more than ten seats inside the
establishment, with no extra counter seating.
Mr. Martone seconded the amendment to the motion. The amendment carried limiting the
seating in the establishment to 10; Mr. Jimenez dissented to the amendment, favoring the motion
to grant the application.
The Board states that the circumstances involving the parking variance on this matter is
not precedent setting - the circumstances outlined by the applicant and the building inspector
necessitated this variance.
2.

Paul Kyriakidis, 17 Barnhart Avenue

Addition and conversion to 2*family house

The application was amended that no parking variance would be required.
William Simeoforides presented. This will be an addition to the back of the house. This
property has been vacant for a while and the owner wishes to convert it to a two family house.
The addition will be to the back of the house - the existing property is not in conformity with the
front yard set back requirements. All the houses on Barnhart Avenue are the same distance from
the street in thefront,and almost all the houses are two family structures. This house was

-:-*"---"--- r«^'-^.-i'-&lt;-~^sS^i^X&lt;i^kK^*"^"- r f *^ i ^^^A»5^^^^ai3i^

�probably built 90 years ago before any setback requirements. This is an investment property and
the owner lives in the house next door in a two-family. Much discussion ensued.
Mr. Tanner requested that § 62-7 (B) be read into the record as follows:
No building shall hereafter be erected and no existing building shall be moved, altered,
added to or enlarged, nor shall any land or building or portion of a building be used,
designed or arranged to be used for any purpose unless in conformity with all of the
regulations herein specified for the district in which it is located.
Mr. Tanner: There are five tests for granting of the area variance. Whether it would
benefit the applicant and benefit could be achieved by any other method; Whether the variance
substantial; Whether the variance will have a negative impact on the neighborhood; Whether the
requirement was self-created.
Response by Mr. Simeoforides: Whether it was self-created. Anything we do to this
house will require the variance, this will be a greaat improvement to the neighborhood.
It was asked whether this house could be improved and still keep it as a single family. Mr.
Simeoforides responded that ihis house is not in conformity and has not been updated since it was
built. Within 200 feet of this house, there are many two family houses. The reason for a two
family is it is an investment property. Mr. Kyriakidis lives next door.
Mr. Martone responded that because you bought a one-family home does not mean the
Zoning Board has to grant a variance.
Mr. Jimenez moved to open the public hearing, seconded by Mr. Morabito, and
unanimously carried.
There were no public comments.
Mr. Morabito moved to close the public hearing, seconded by Linda Moiron, and
unanimously carried.
Mr. Jimenez: Tax problems, water, so on, he won't be able to make it without converting
to a two family. A lot of houses are two family and there will be no change in the character of the
neighborhood, and the house will be improved.
~
Mr. Martone: Is this based on economic need to make this project viable? Would your
investment be viable as a one-family?
Mr. Simeoforides: No.
Mr. Martone: In that case, there is nothing in support of this being an economic necessity.
Did this not have to appear before the Planning Board.

�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 thefiverequirements 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, ApprovalafromPlanning
Board and ARB [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

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                    <text>1 October 1999
To:

Zoning Board of Appeals

*

Fran: James Margotta

Please be advised that there will be no meeting
of the Zoning Board of Appeals during the month of
October.

•

•~";^'

_

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iM^^'^£^^f^is&gt;£i^s^^^4^.^^l^^^^^rk^^^^^

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                    <text>ZONING BOARD MEETING
November 17,1999
The meeting was called to order by Robert Anello, Chair at 8:07 p.m.
Present:

Absent

Robert Anello, Chairman
James Galgano
John Moribito
Eliot Martone
Linda Moiron
Miguel Jiminez

Q-+r-*-~~r *
j
JT^^JG—» !LpO *
h
S
£L- P f L f c u ^

None
James Margotta
Ed Lammers (Village Attorney)

Announcements:
None
Agenda:
a)
b)
c)
d)
e)

Leonard Rutigliano
David Jacobsen
Peter Jewell
George Samaras
Frank Occhipinti

23 Elm Street
534 Bellwood Ave.
62 Clinton Street
175 Valley Street
20 Hudson Street

The Chair commented that there were 5 items on the agenda and that those items
would be taken in order.
a) Leonard RutiglianoThis is a request to convert from a 2 family to a three family residence. The public
notice was read aloud for the record. The Chair noted that the Board had received the
following documents
»
1) The Public Notice
2) The application
3) The letter denying the 3 family Certificate of Occupancy.
4) Three affidavits (not notarized)
Mr. Rutligiano stated that he has lived at the above address for 44 years. Mr.
Rutigliano's grandparents previously owned the house. The affidavits were passed
around for the Board to review.

�The Chair commented that the tax records indicate a two-family residence. Mr.
Rutigliano responded that in Sleepy Hollow, the house is listed as a two-family home
but in Mt. Pleasant, it is listed as a three-family home.
The Chair asked if there were three separate meters. Mr. Rutigliano responded yes.
The Chair asked why was a new Certificate of Occupancy needed. Mr. Rutigliano
commented that if he ever wanted to sell the property, there would be questions
regarding whether it was a two or three-family residence. Mr. Rutigliano stated that
he should have done this a long time ago.
The Chair asked if there was any parking available. Mr. Rutigliano responded no.
The Chair asked if there were any questions before the public hearing was opened.
Mr. Jiminez commented that the affidavits were not notarized.
Mr. Jiminez asked Mr. Margotta if there were any violations. Mr. Margotta stated no.
The Chair stated that the zoning code date for pre-existing usage was 1964. The
applicant stated that he has lived there since 1955.
The public hearing was opened up.
Mr. Frank Balantario of Sleepy Hollow spoke on behalf of Mr. Rutigliano. Mr.
Balantario stated that he has known Mr. Rutigliano his whole life and can verify Mr.
Rutigliano's story. One of the affidavits is signed by Mr. Balantario.
The Chair asked Mr. Balantario if he had ever been inside the house. Mr. Balantario
responded that he has been in the house many times. Mr. Balantario stated that there
are three kitchens and three bathrooms. Mr. Balantario stated that it has always been
a three family house.
John Moribito made a motion to close the public hearing. It was unanimously
approved.
John Moribito stated that he knew Mr. Rutigliano's mother. Mr. Moribito stated that
it has been a three-family house as long as he can remember. It is a modern, wellkept house and has no code violations as far as he knows.
The Chair stated that there are two-applications in front of the Board. The first one
involves the pre-existing use issues. If the Board determines that it pre-dates the
zoning codes, then the Board does not have to get involved with the second
application.

Zoning Board Meeting, November 17,1999

�OF
REVIOUS
DOCUMENT
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�The Chair commented that the tax records indicate a two-family residence. Mr.
Rutigliano responded that in Sleepy Hollow, the house is listed as a two-family home
but in Mt. Pleasant, it is listed as a three-family home.
The Chair asked if there were three separate meters. Mr. Rutigliano responded yes.
The Chair asked why was a new Certificate of Occupancy needed. Mr. Rutigliano
commented that if he ever wanted to sell the property, there would be questions
regarding whether it was a two or three-family residence. Mr. Rutigliano stated that
he should have done this a long time ago.
The Chair asked if there was any parking available. Mr. Rutigliano responded no.
The Chair asked if there were any questions before the public hearing was opened.
Mr. Jiminez commented that the affidavits were not notarized.
Mr. Jiminez asked Mr. Margotta if there were any violations. Mr. Margotta stated no.
The Chair stated that the zoning code date for pre-existing usage was 1964. The
applicant stated that he has lived there since 1955.
The public hearing was opened up.
Mr. Frank Balantario of Sleepy Hollow spoke on behalf of Mr. Rutigliano. Mr.
Balantario stated that he has known Mr. Rutigliano his whole life and can verify Mr.
Rutigliano's story. One of the affidavits is signed by Mr. Balantario.
The Chair asked Mr. Balantario if he had ever been inside the house. Mr. Balantario
responded that he has been in the house many times. Mr. Balantario stated that there
are three kitchens and three bathrooms. Mr. Balantario stated that it has always been
a three family house.
John Moribito made a motion to close the public hearing. It was unanimously
approved.
John Moribito stated that he knew Mr. Rutigliano's mother. Mr. Moribito stated that
it has been a three-family house as long as he can remember. It is a modern, wellkept house and has no code violations as far as he knows.
The Chair stated that there are two-applications in front of the Board. The first one
involves the pre-existing use issues. If the Board determines that it pre-dates the
zoning codes, then the Board does not have to get involved with the second
application.

Zoning Board Meeting, November 17,1999

�r'

Miguel Jiminez asked if the Board declares this a three-family residence, will
sprinklers be required. Mr. Margotta responded no.
John Moribito made a motion to grant the request to convert to a three-family. Linda
Moiron seconded. It was passed unanimously.
b) David JacobsenThis is a request for a variance from the Village Zoning Code for the addition of a
portico. The public notice was read aloud for the record. The Chair noted that the
Board had received the following documents
1) Building plans
2) The Application
Mr. Jacobsen stated that a variance is requested for two reasons. First it would dress
up the property and be more aesthetically pleasing. Secondly, it is more practical.
The portico would help shed water. It would help to prevent the existing water
erosion around the base of the steps.
The Chair asked the Board if there were any questions.
The Chair made a motion to open the public hearing.
Jim Nasbeth from Sleepy Hollow (Chairman of Architectural Review Board) spoke
on behalf on the applicant. He also stated that as an adjacent property owner, he had
no problems with the Mr. Jacobsen's requests.
John Moribito made a motion to close the public hearing. Miguel Jiminez seconded.
It was unanimously approved.
The Chair stated that this was an area variance request. The Board must look at
certain factors including whether it will adversely effect the neighborhood, whether it
is inconsistent with the character of the neighborhood, etc.
The Chair stated that the lot is very narrow. The Chair stated that the proposed
portico would probably be more in-character with the neighborhood.
Miguel Jiminez made a motion to grant the applicants request for a variance. John
Moribito seconded. It was unanimously approved.
c) Peter JewellThis is a request to convert from a 2-family to a 3-family residence. The public
notice was read aloud for the record. The Chair noted that the Board had received the
following documents

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1) The application

Zoning Board Meeting, November 17,1999
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3)
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5)

The brief memorandum
Title report (including deed &amp; survey)
Five affidavits
Property record

Pictures of the property were submitted.
The Chair asked what was the need for the three-family Certificate of Occupancy.
Mr. John Hughes (attorney for Mr. Jewel) stated that the property was inherited from
Peter Jewell's father. The question of whether or not this property was a three-family
residence came up during the administering of the estate. This property is currently
owned by Mr. Peter Jewell and his brother. They plan to keep it.
Mr. Hughes summarized the affidavits submitted. The property was owned by Peter
Jewell's father Elmer Jewell. Elmer Jewell purchased this property in 1966 from
Peter Jewell's grandmother who owned this property for many years prior to the sale
in 1966.
Mr. Hughes submitted photographs to indicate that each floor has its own entrance.
Each floor is a separate apartment. Mr. Hughes stated that there was no way that this
could be one house due to the set-up of the house. Mr. Hughes also stated that there
is parking on the property.
Mr. Peter Jewell stated that this property is listed as a three-family home in the tax
role.
The Chair inquired how this could happen.
James Margotta responded that the assessor goes around and evaluates each property
based on what he sees. The tax role might change but the tax role is different from
the Building records. The current building record indicated a one family residence. .
The public hearing was opened.
Darlene Baird from Courtland Manor, NY stated that she used to live in that house
since 1943. She stated that the house was expanded in the 1920's. She also stated
that it was always a three-family residence.
Peter Jewell stated that he was bom in 1961 and has lived there ever since. He stated
that it was always a three family house. Mr. Jewell referenced one of the affidavits
submitted from Mr. LeClerc who lived in the house from the early" 1960's to the~
1980's. Mr. Jewell also stated that each tenant has parking on the property.
Ed Olivares from Sleepy Hollow stated that some of these discrepancies are a result
from the last blanket re-assessment that was performed in the village. This resulted in

Zoning Board Meeting, November 17,1999

�most of the records being corrected in the tax role but not in the Building departments
records.
Miguel Jiminez made a motion to close the public hearing. John Moribito seconded.
It was unanimously approved.
The Chair asked for the Board for comments. John Moribito stated that he sees no
problem with this request and he made a motion to grant the applicant's request that it
pre-dates the code. Miguel Jiminez seconded. It was unanimously approved.
George SamarasThis is a request to grant a variance from the Village Zoning code to add three
dwelling units in the rear of an existing non-conforming building over an existing
garage with several non-compliances.
The Chair requested that the applicant indicate what changes were made from the last
application.
Ron Tumquist (Architect) presented the proposed site plan. It showed that the front
is a 3- story building.
The first floor plan was shown.
The upper two floors (second drawing) were shown next. It showed four dwelling
units. The proposal included converting the garage to one dwelling unit.
The third level would have 2 bedrooms of the duplex units.
Currently, there is a check cashing store and a deli on the first floor. It also has a
garage in the back that is used for storage.
The proposed dwelling units will be (1) one-bedroom unit and (2) two-bedroom units.
There is no parking on the premises. Total unit parking is 5 lA spaces.
Mr. Samaras indicated that he had previously had approval for adding one dwelling
unit w/o adding additional parking.
Mr. Turnquist explained why Mr. Samaras was adding three units.
The existing building has stairs in the back that is in terrible condition. The stairs,
halls should be upgraded. The dwelling units need proper doors. The roof is in poor
shape.

Zoning Board Meeting, November 17,1999

�Mr. Turnquist's recommendations included cost evaluation with code upgrades, new
roof, etc. The cost was high. Mr. Turnquist stated that Mr. Samaras currently has a
mortgage on this property and he needs to increase to a three-family residence to
counteract the construction costs.
The estimate to upgrade the property, new stairs, new roof, etc. would cost $4045,000.
The Chair stated that the Board has no new info on Mr. Samaras' cash flow of this
property.
The additional income for the three dwelling units would manage the additional
mortgage and taxes.
The Chair asked if there was a parking proposal.
Mr. Turnquist stated that there was another potential proposal on 76 Chestnut Street
that would allow Mr. Samaras to secure parking. Mr. Turnquist is the architect for
that project also. That project is currently not proceeding although it has approval
from the Architectural Review Board.
Mr. Samaras checked with other building owners within 200 feet of the property and
was unable to secure any additional parking.
Eliot Martone stated that if the other project ever goes forward that the question still
would be could parking be obtained.
Mr. Turnquist stated that there is no buyer to negotiate with.
Mr. Turnquist stated that there is no parking available at this location.
Mr. Samaras stated that the property was in terrible condition when it was purchased.
The windows were old. Mr. Samaras stated that he replaced the windows and fixed
the exterior and made many necessary repairs. The cost of this was high.
Mr. Samaras stated that his current costs were $30,000/year with an income of
$25,000. Based on the upgrade costs, he can't afford $40-50,000 to fix this property.
Mr. Samaras stated that he didn't have the money or the loan approval to proceed
with the previous zoning board approval (for a one-bedroom apartment addition).
Mr. Samaras stated that the extra income would help with the additional costs.
The Chair asked the Board if they had any questions.

Zoning Board Meeting, November 17,1999

�Eliot Martone asked if there were any existing NYS code violations. They must be
done whether or not the zoning is approved or not.
Jim Margotta stated that many violations might pre-date NYS code.
The Chair stated that these corrections don't have to be made if they are pursuant to
which this building exists. Mr. Turnquist agreed.
Mr. Turnquist stated that it doesn't meet today's standards.
The Chair inquired about the cost of the stairs.
Mr. Turnquist stated that steel stairs would be needed.
The discussion was opened to the public.
Miguel Jiminez made a motion to close the public hearing. John Moribito seconded.
It was unanimously approved.
John Moribito stated that the parking is not there. The owner wants to upgrade the
property. The owner has expenses of $30,000/year including taxes, water, heat, etc.
John Moribito stated that he should be entitled to fix the property and wants Mr.
Samaras' request to be granted.
Linda Moiron stated that there is a problem with parking and that this was a
substantial area variance. Linda Moiron also stated that this parking problem is selfcreated.
Miguel Jiminez commented that Mr. Samaras is building straight up not outward.
Miguel Jiminez argued about the availability of local people to secure parking.
Miguel Jiminez cited a previously approved zoning board application where
additional parking was waived. The Chair disagreed with Miguel Jiminez.
Linda Moiron stated that it was not a substantial area variance. Linda Moiron stated
that Mr. Samaras wants to fix up the property.
Linda Moiron asked Mr. Samaras when did the original variance get approved.
Mr. Samaras responded that it was approved 6 years ago. It was for a four-bedroom
duplex with 3 parking spaces required.
Eliot Martone stated that it is ^-parking space per bedroom.
Mr. Samaras stated that he was still adding 4 bedrooms.

Zoning Board Meeting, November 17,1999

�Linda Moiron stated that more parking is required for 3 bedrooms than one bedroom.
Mr. Turnquist stated that got approval for one apartment with three spaces.
Eliot Martone stated that parking requirements are different now than they were 6
years ago. Eliot Martone stated that there was a problem with economic hardship.
The Board had no proof. Mr. Samaras should present proof of economic hardship.
James Galgano stated that they should get rid of zoning downtown. He also asked
Mr. Samaras if there was any parking available across the street from the property.
Mr. Samaras responded that there was not.
James Galgano inquired if letters were within 200 feet of the property. Jim Margotta
responded that they were.
James Galgano stated that if there were no complaints and it would not be detrimental
to the village, then he would approve the variance.
The Chair stated that he agreed with Eliot Martone. The Board has no economic
proof. The Chair also stated that the floor plan should go to the Planning Board first.
The Chair stated that parking is the primary issue and that the variance is substantial.
The Chair stated that the variance should be re-considered with a parking plan. The
Chair also stated that this change is undesirable.
John Moribito stated that 22 spaces were not needed that only 5 spaces were needed.
The Chair stated that there is no proposal for 5 spaces. John Moribito agreed.
The Chair stated that the Board of Trustees is the only committee that can change
parking requirements.
Miguel Jiminez stated that the parking feasibility needs to be addressed.
Linda Moiron agrees with the rules.
Miguel Jiminez stated that these rules are for new construction not for existing
dwellings.
John Moribito called for a vote.
Jim Margotta stated that he agreed with the parking requirements on drawing in the
amount of 21.5 spaces.
Mr. Turnquist indicated on drawing that 21.5 parking spaces were required by code.
Miguel Jiminez seconded John Moribito's call for a vote.

Zoning Board Meeting, November 17,1999

�Miguel Jiminez inquired why would this have to go to the Planning Board.
The Chair stated that all applications for construction must go through the Planning
Board first as per the Village Code.
Ed Lammers asked Jim Margotta if the application had to go to the Planning Board.
Jim Margotta referred to the Village Zoning Code page 6247 (Site Plan Review)
Section 62-29 required submissions.
Jim Margotta asked Mr. Turnquist if this addition would cost more than 50% of the
current fair market value. Mr. Turnquist responded that it would not.
John Hughes (Mr. Samaras' attorney) stated that they would request an adjournment
to provide economic data to further support Mr. Samaras' claim of economic
hardship.
Eliot Martone made a motion to adjourn the application for one month. It was
approved unanimously.

e) Frank Occhipinti •

This is a request for a time extension of a variance granted by the Zoning Board on
June 21,1995 for the conversion of a 2-family to a 3-family residence.
No Mailings present
Ed Lammers stated that we could go forward subject to receipt of mailings.
Mr. Occhipinti stated that the application before the Board is to extend the variance.
The Chair passed to the Board copies of the minutes from 1995 meeting that
approved this application.
Mr. Occhipinti stated that it is originally was an application to convert from a 2family to a 3-family.
The Chair asked Mr. Occhipinti if the floor plan was the same as the original
application. Mr. Occhipinti stated that it was not.
The Chair stated that the Board had the following items:
1) The revised floor plan stamped by Mr. Turnquist.
2) Written application
3) Minutes from the 1995 hearing

•

Zoning Board Meeting, November 17,1999
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�The Chair asked if the footprint was the same.
Mr. Occhipinti responded that it was the same as in 1995.
The Chair asked if any of the Board members had any questions of the applicant.
The public hearing was opened.
Mr. David Storn of Sleepy Hollow (16 Hudson Terrace) owns a business near the
property. Mr. Stern has no opinion on this matter. He is concerned about his
property rights.
Miguel Jiminez made a motion to close the public hearing.
It was unanimously approved.
Miguel Jiminez made a motion to grant the request.
John Moribito asked Mr. Occhipinti if someone could exit in an emergency if there
was a car parked near the door since the property line is so close. Mr. Occhipinti
responded that the matter was under litigation and could not comment on it.
James Galgano asked how long would the extension be requested for.
The Chair responded that it would be for one year.
Eliot Martone seconded Miguel Jiminez's motion to grant the extension.
Jim Margotta stated that the Building Department has requested a plot plan that was
never received. It was needed to determine whether or not it was habitable.
The Board stated that it would not change this requirement for the applicant. Mr.
Occhipinti is still responsible for submitting this to the Building Department.
The motion was unanimous.
Other Topics:
The Chair requested the mmutes froni the last meeting.
Jim Margotta stated that the minutes were supposed to be sent but was not available.
Adjourned at 9:39 p.m. to next meeting.

Zoning Board Meeting, November 17,1999

�j^ p Vnr\M-oeUoojMnsXr

•

Mr. Orose stated that based on the size and shape of the lot, there is no other location to
put this shed on the property.
Jim Galgano asked when the shed was built.
George Orose responded 1985.
The Chair stated that this pre-dates the establishment of the ARB.
Jim Galgano inquired why a Certificate of Occupancy is needed. He also inquired why it
was classified for non-conforrning use.
Jim Margotta stated that it is only to make this a legal structure.
The Chair stated that it was a request for an area variance. Non-conforming use only
applied if it pre-dated the zoning codes, which this does not.
The Chair opened the public hearing.
John Moribito made a motion to close the public hearing. Eliot Martone seconded.
John Moribito made a motion to approve the request for the variance.
Eliot Martone seconded. It was unanimous.
Other Topics:
The minutes from November 1999's meeting were reviewed. The following changes
were made:
1) Pg. 3 reads:
John Moribito made a motion to grant the request to convert to a three-family.
Should read:
John Moribito made a motion to grant the request to have it declared a nonconforming pre-existing 3-family.
2) Pg. 7 reads:
Linda Moiron stated that it was not a substantial area variance.
Should read:
Linda Moiron stated that it was a substantial area variance.

•

Zoning Board Meeting, February 16,2000

�iirf •

»

k

3) Page 10 reads:
The motion was unanimous.

•

Should read:
The motion was unanimously approved.
Eliot Martone made a motion to approve the minutes. Jim Galgano seconded. It was
unanimously approved.
The Chair requested the minutes from October 1999's meeting but Jim Margotta stated
that they were still not available.
Adjourned at 8:19 p.m. to next meeting.

•

Zoning Board Meeting, February 16,2000 .

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