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                    <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD MEETING
November 15,2000

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The meeting was called to order by Robert Anello, Chairman at 8:03 p.m.
Present:

Absent:

' • / 2001
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Robert Anello, Chairman
James Galgano
Eliot Martone
Linda Moiron
JohnMoribito
Peter Koffler
Miguel Jiminez

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Also Present: James Margotta (Building Inspector)
Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Anthony DelVecchio (Recording Secretary)

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Agenda:
a) Hamilton Designs
b) Diana Abboud

6-8 Cedar Street
249 N. Broadway

Announcements:
None.
a) Hamilton Designs The Chair asked if the returns were received for this application.
Jim Margotta responded yes.
The public notice was read aloud.
The Chair explained the Zoning Board's procedures on public comments and applicants
comments.
The Chair acknowledged that the Board had received the following:
1) Site plan
2) Application
3) Building Inspector letter
Robert Barstow described the proposed property and application. The Chair stated that the drawing only shows a topographical layout.
Robert Barstow further described the property footprint.

t

�The Chair asked the applicant why was the structure to be built for 6500 SF.
Robert Barstow responded that Dave Smith (Village Planner) provided the size to him.
The Chair asked where did the 6500 SF came from.
Robert Barstow responded that it is in the Village Zoning Code, Part 1. He explained that
the Code section involved mixed use in a C-2 district. He also referred to the R5 section
which stated that the 1st three units were to be 5000 SF and each additional unit was to be
1500 SF.
The Chair asked why was an area variance needed.
/
Robert Barstow responded that this is a custom built project. The project is modular
housing on top of retail space arid parking spaces. He also stated that the modular units
are restrictive as to what is available.
Robert Barstow stated that he needs a certain number of units to make financial sense.
The Chair asked if the applicant has any financial data to show to the Board.
Robert Barstow responded no.
The Chair stated that if the applicant built a 3-family dwelling instead of a 4-family, a
variance would not be required.
Robert Barstow responded yes.
The Chair asked the applicant to address the loading space.
Robert Barstow responded that there is no access behind the building. He also stated that
the stores would be small so that deliveries would be made by small trucks.
The Chair asked that applicant to address the lot width.
Robert Barstow responded that the Zoning requirement is 100 feet for a commercial lot
and this lot is actually only 80 feet.
The Chair asked where was it in the Code.
Robert Barstow responded Part 1 C2-29.
As per the Village Code, a further review by the Board showed that no variance for lot
width was required.
The Chair asked the applicant to address the front yard setback.
Robert Barstow responded that the variance needed should be dropped to 10 feet as per
adjacent properties.
The Chair asked for an explanation.
Robert Barstow responded that the adjoining properties are up to the lot lines.
The Chair asked the applicant to address the side yard setback.
Robert Barstow responded that there is no commercial requirement. The residential
requirement 3' side yard and 12' total. Robert Barstow stated that the proposed layout
indicates 4' side yard and 12' total.

Zoning Board Meeting, November 15,2000

2

�There was an open discussion on R4 zoning and the side yard setback. The result was
that no variance was needed for the side yard setback.
The Chair stated that only three variances were needed.
1) Square footage of property.
2) Loading space.
3) Front yard.
Eliot Martone asked the applicant about the number of bedrooms.
Robert Barstow responded that each unit was a 2-bedroom unit.
The Chair asked about the parking requirements.
Robert Barstow responded that the requirement was met based on the number of spaces
required and the actual number of parking spaces proposed.
The Chair asked if the Board had any questions.
Linda Moiron asked if parking spaces 8-11 were for compact cars.
Robert Barstow responded yes.
Since there were no other questions from the Board, the Chair opened the public hearing.
Ms. Prolicki from Cedar Street spoke. She stated that this address (6 Cedar Street)
already has a 3-family on it. She also stated that multi-family dwellings were not
common on Cedar Street.
Jim Margotta responded that the lot has no address. It will eventually be given a
Cortlandt Street address.
Ms. Prolicki stated that she was also concerned about the loading space.
Robert Barstow responded that the loading space is on Cortlandt Street not Cedar Street.
Don Catano spoke about the parking for Augustine Triana's restaurant.
Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It
was unanimous.
The Chair stated that there are a total of three variances needed.
John Moribito stated that a contingency plan should be put into place that no building can
start until Triana's parking relocation project was complete.
Robert Barstow responded that there was no deed restriction on the lot when it was
purchased.
Zoning Board Meeting, November 15,2000

3

�Eliot Martone stated that the Board could not restrict this application based on Triana's
parking. John Moribito agreed.
Jim Galgano stated that he had no problems with the application. He explained that
parking is adequate.
Linda Moiron asked why was a four family needed.
Robert Barstow responded to cover his costs.
Linda Moiron asked the applicant if he had any numbers to show the Board.
Robert Barstow responded no.
The Chair stated that no financial data was provided.
Eliot Martone stated that he had no real objection since the parking plan is adequate.
John Moribito stated that he had no problem with the variances. The parking plan was
adequate.
John Moribito made a motion to approve all variances with the four family residence.
Jim Galgano seconded. It was unanimous.
b) Diana Abboud This is a continuation of a previous application.
Charles Bissen is an attorney representing Diana Abboud. He summarized the
application to date. He stated that a letter was sent to the current tenant to inform them
that their lease is up and to evict the tenant. He also stated that the non-conforming use
variance will expire in February 2001 but the eviction will take time. The applicant is
requesting an extension of the non-conforming use variance.
Eliot Martone asked if the Zoning Board of Appeals could perform this.
Ed Lammers recommended not making a decision until next month.
Charles Bissen agreed.
The Chair opened the public hearing.
Don Catano stated that the tenant would lose his business if he were evicted.
Charles Bissen stated that a lease term notice was sent to the tenant to provide a full
months notice.
Eliot Martone made a motion to adjourn this item to the next meeting. James Galgano
seconded. It was unanimous.

Zoning Board Meeting, November 15,2000

4

�Other Topics:
The minutes from the October 2000 were reviewed and unanimously approved as
submitted.
Eliot Martone made a motion to adjourn. Jim Galgano seconded. It was unanimous.
Adjourn to next meeting.
Respectfully Submitted,

Anthony DelVecchio

Zoning Board Meeting, November 15,2000

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VILLAGE OF SLEEPY HOLLOW
ZONING BOARD MEETING
October 18, 2000
The meeting was called to order by Robert Anello, Chairman at 8:03 p.m.
Present:

Absent:

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

RECEIVED
NOV 1 * 2000
VILLAGE CLERK

Also Present: James Margotta (Building Inspector)
Ken Powell (Village Attorney)
Anthony DelVecchio (Recording Secretary)
Agenda:
a) Diana Abboud
249 N. Broadway
b) Elizabeth Mascia Child Care Center 174 Valley Street
c) Karl Dibble
315 North Broadway
Announcements:
None.
a) Diana Abboud Jim Margotta stated that as per the owner, the tenant will not move out unless evicted.
The owner will seek an eviction.
Ken Powell stated that there is a one-year continuance on a non-conforming use.
Jim Margotta asked the applicant's brother about the specific date when the Body and
Fender shop moved out. Jim Margotta requested this in writing.
The Chair read Section 62.27 in the Village Code for non-conforming use.
The 10/18/00 letter from the applicant was read aloud concerning evicting the current
iron works tenant.
The applicant's brother indicated that the owner would like to keep the tenant.
Jim Galgano informed the applicant's brother about proof of hardship documents that are
needed to justify the applicant's claim for a hardship claim.
The applicant's brother will provide the necessary information to Jim Margotta.

�Don Catano spoke on behalf of the tenant. He stated that the current tenant makes less
noise than the previous tenant.
Jim Galgano made a motion to continue this item on next month's agenda. Miguel
Jiminez seconded. It was unanimous.

b) Elizabeth Mascia Child Care Center The Chair stated that the owner must provide documentation satisfactory to the Village
Attorney for the parking issues.
Miguel Jiminez stated for the record that he is opposed to the childcare center at this
location because it lacks an adequate means of egress in case of a fire. He believes the
center is needed but not in this location.
Jim Margotta responded that the Fire Inspector will review the plans for egress,
sprinklers, etc.
c) Karl Dibbie The Chair stated that the returns were not received.
Karl Dibble submitted the returns to Jim Margotta.
The Chair read the public notice aloud.
Richard Marcado represented the application along with Karl Dibble.
The Chair stated that the following items were received:
1) Application
2) Plot plans
3) Letter from Richard Marcado on Village Ordinance.
4) Letter from Jim Margotta denying a CO.
Jim Galgano asked the question, why the proposed use of this property is not consistent
with the Village Code, to Jim Margotta.
Jim Margotta responded that the proposed mixed-use did not conform with the Village'
mixed-use codeJim Margotta gave a summary of the application to date. He stated that the first
application was for a 2-family permit. The mixed-use permit came afterwards.

Zoning Board Meeting, October 18,2000

�Richard Marcado stated that the applicant only attended a preliminary Planning Board
meeting on site plan approval.
Richard Marcado addressed the permitted use issue. He stated that according to the
proposed plans and the Village Code, the building is considered mixed-use industrial.
The first floor offices are permitted under the Village Code.
The Chair responded that offices were covered under C-l.
Richard Marcado stated that the garage is an accessory building. It is permitted under C1 and is a proposed 1.5 story garage. He also stated that the drawings do not indicate a
garage location. It is only placed on the plans. The applicant is not requesting a variance
for the garage in this application.
Richard Marcado stated that storage is an accessory use. He referred to Code section 6220.3 (e).
Richard Marcado stated that storage containers would be fully screened and not visible
from the street.
Jim Margotta requested that Karl Dibble show the original plans for the 2-family
dwelling. Karl Dibble complied and presented the plans to Jim Margotta.
The Chair asked if there was any reason why the use of an office below a 2-family
residence would not be permitted.
Jim Margotta responded that there was no reason. He also added that it must meet the
Fire Inspectors approval as well as the building code.
Jim Galgano made a motion to agree that the Zoning Board interprets that an office with
a 2-family residence on top is within the C-l zoning code. Miguel Jiminez seconded. It
was unanimous.
The Chair stated that a garage was not on the public notice or the application so the
Board will not address it.
Eliot Martone made a motion that the storage bins are not conforming. Miguel Jiminez
seconded. It was unanimous.
Miguel Jiminez suggested that the applicant go to the Waterfront Advisory Committee
for the variance for the storage containers.
The Chair stated that the public comments will address the storage sheds only. Eliot
Martone made a motion to open the public hearing. Miguel Jiminez seconded. It was
unanimous.

Zoning Board Meeting, October 18,2000

3

�Don Catano spoke about the storage sheds. He stated that the property was raised over 5
feet in height. He also stated that any storage container over 100 SF needs a foundation.
Additionally he stated that pesticides could not be placed in a container without providing
additional sewage for the pesticides. Photographs were presented to the Zoning Board by
Don Catano to indicate his concerns.
Mrs. Catano spoke about Village Code section 62-22 and the 5-foot buffer needed
between properties. She also stated that the applicant constructed a retaining wall 22
inches from her window without a building permit.
Richard Marcado stated that the architect would revise the plans in preparation of the
Planing Board, Waterfront Advisory Committee and Architectural Review Board's
review.
Frank Occhipinti asked what is being done right now to alleviate this problem.
Jim Margotta responded that he refused to have the applicant remove the work.
Don Catano asked Jim Margotta to have the applicant remove the work.
Jim Margotta responded no.
Miguel Jiminez asked Karl Dibble about the wall prior to the new work.
There was an open discussion between the applicant and Don Catano about the wall prior
to the new work.
Lenny Rutigliano asked if they are stopping all work on this property.
The Chair responded that the office is permitted.
Jim Margotta responded that the Fire Inspector stopped all work.
Linda Moiron made a motion to close the public hearing. Miguel Jiminez seconded. It
was unanimous.
Miguel Jiminez made a motion to request an extension on the storage issue. Jim Galgano
seconded. It was unanimous.

Other Topics:
The minutes for September 2000 were reviewed. The following corrections were noted:
On page 3, change " The Chair made a motion to grant the variance under the condition
that seven (7) spaces be allocated for the building. The building owner also must prepare
signage to properly indicate that the parking spaces are dedicated for the building
occupants. Additionally, the tenants are to be notified."

Zoning Board Meeting, October 18,2000

4

�To read," The Chair made a motion to grant the variance under the condition that for as
long as the requested uses are in operation, seven (7) spaces in the adjacent building
be allocated and maintained for the granted uses and that the building owner file
with the Village, documentation satisfactory to the Village Attorney securing the use
of seven (7) required parking spaces. The building owner also must prepare signage to
properly indicate that the parking spaces are dedicated for the building occupants.
Additionally, the tenants are to be notified."
Eliot Martone made a motion to approve the minutes as noted. Jim Galgano seconded. It
was unanimous (4-0-1 Miguel Jiminez abstained).
Eliot Martone made a motion to adjourn. Jim Galgano seconded. It was unanimous.

Adjourn to next meeting.

Respectfully Submitted,

Anthony Del Vecchio

Zoning Board Meeting, October 18,2000

5

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                    <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD MEETING
September 20,2000
The meeting was called to order by Robert Anello, Chairman at 8:15 p.m.
Present:

Absent:

James Galgano
Eliot Martone
Linda Moiron
Peter Koffler
John Moribito

RECEIVED
OCT 18 ?nofi
VILLAGE CLERK

Miguel Jiminez

Also Present: Jim Margotta (Building Inspector)
Ed Lammers (Village Attorney)
Anthony DelVecchio (Stenographer)
Agenda:
a) Alessandro Carissimo
256 Farrington Ave.
b) Mitch Weitzner/J. Tygard
491 Bellwood Ave.
c) Elizabeth Mascia Child Care Center 174 Valley Street
Announcements:
None.
a) Alessandro Carissimo The Public Notice was read aloud.
Alessandro Carissimo stated that the fence was needed for his children's safety. He
described how basketballs and other toys go over a regular fence. The additional height
is needed to keep things from going over a regular height fence.
The Chair stated that the applicant had submitted the following:
1) Drawing
2) Application
The Chair asked if the Board had any comments.
Jim Galgano asked if the applicant had asked his neighbors about the fence.
Alessandro Carissimo stated that none of his neighbors had a problem with the fence.
Linda Moiron asked what was there before.
Alessandro Carissimo responded that nothing except for some bushes.

�*- The Chair opened the public hearing.
Jim Moribito made a motion to close the public hearing. Eliot Martone seconded. It was
unanimous.
John Moribito made a motion to approve the application. Jim Galgano seconded. Eliot
Martone amended the motion to add that the motion also includes ARB approval. Peter
Koffler seconded. It was unanimous.
b) Mitch Weitzner/J. Tygard
The Public Notice was read aloud.
Mitch Weitzner gave a description of the fence. He also stated that the fence was already
installed.
Mitch Weitzner stated that the fence was installed for the safety of his children.
The Chair asked what the height of the fence is. ,
Mitch Weitzner responded that the maximum height is 4 foot high. The posts are also 4
foot high.
The Chair asked if the Board had any questions.
Since there were no questions, the Chair opened the public hearing.
John Moribito made a motion to close the public hearing. Linda Moiron seconded. It
was unanimous.
Eliot Martone made a motion to approve the application based on the approval of the
ARB. Peter Koffler seconded. It was unanimous.
c) Elizabeth Mascia Child Care Center The Chair stated that this was a new application.
The Public Notice was read aloud.
Sam Vieira summarized the previous application. He also stated that there is no solution
to provide parking for the building. Additionally, there was never any off-street parking
available for the building. The building owner can secure two (2) spaces by leasing from
the adjacent property.
The Chair asked who owns the adjacent property.
Sam Vieira responded that the applicant's brother is the property owner.
Zoning Board Meeting, September 20,2000

2

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�The Chair asked how the two- (2) spaces would be tied into the Elizabeth Mascia Child
Care Center.
Sam Vieira responded that whatever legal documents are needed to tie-in two spaces with
the lease could be used.
The Chair asked about the other required 10 spaces that are needed for the building.
Sam Vieira responded that other spaces are available at the adjacent property.
The Chair asked how many spaces would be allocated for the apartments.
Sam Vieira responded that he did not know. He also added that the applicant is asking
for a variance for two (2) spaces, which is the required spaces that are required by the
applicants occupancy in this space.
The Chair stated that the building owner needs a parking plan for the other spaces.
Jim Galgano asked why did the applicant pick this location.
Maureen Barbalette responded that she had been looking for five years for a good
location. The day care center needed to be on the ground flood and close to the high
school.
Ed Lammers stated that spaces would be allocated to the building. He also stated that
something should be placed in the file.
Jim Margotta stated that something needs to be placed within the building records.
Maureen Barbalette stated that no more than two (2) spaces would be used for the child
care center.
The Chair asked if the building owner will approve of the number of spaces.
Sam Vieira responded that he did not know.
The Chair stated that the variance could be approved with the condition that the building
owner secure seven (7) spaces.
The Chair opened the public hearing.
Since there were no comments from the public, John Moribito made a motion to close the
public hearing. Eliot Martone seconded. It was unanimous.
The Chair made a motion to grant the variance under the condition that seven (7) spaces
be allocated for the building. The building owner also must prepare signage to properly
indicate that the parking spaces are dedicated for the building occupants. Additionally,
the tenants are to be notified.
Jim Galgano seconded. It was unanimous.

Zoning Board Meeting, September 20, 2000

3

�Other Topics:
The minutes for July 2000 were reviewed. The following corrections were noted:
On page 3, change " Diana Abboud responded that it was advertised in the penny saver
for 3 months."
To read, " Diana Abboud responded that it was advertised in the penny saver for 3
weeks."
Eliot Martone made a motion to approve the minutes as noted. John Moribito seconded.
It was unanimous.
There was an open discussion on the use of Robert's Rules.

Adjourn to next meeting.
Respectfully Submitted,

Anthony DelVecchio
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Zoning Board Meeting, September 20,2000
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                    <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD MEETING
July 19,2000
The meeting was called to order by Peter Koffler, Acting Chair at 8:02 p.m.
Present:

James Galgano
Eliot Martone
Linda Moiron
Peter Koffler
John Moribito
Miguel Jiminez

Absent

Robert Anello, Chairman

Also Present: James Margotta (Building Inspector)
Ed Lammers (Village Attorney)
Anthony DelVecchio (Stenographer)
Agenda:
a) Frank Camilliere
b) Diana Abboud

106 Depeyster St.
249 N. Broadway

Announcements:
A temporary Chairman needed to be appointed. Eliot Martone nominated Peter Koffler.
Linda Moiron seconded. It was unanimous.
a) Diana Abboud This is an application for a use variance.
The Public Notice was read aloud.
The Chair stated that the following items have been received:
1) Returns
2) petition
3) letter dated 5/24/00 from Jim Margotta
4) letter dated 6/14/00 from WestchesterGov.com
Diana Abboud described how she acquired this property. She stated that she financially
depends on the garage rental to support the expenses on the property.
James Galgano asked how long has the tenant been there.
Jim Margotta responded that the current tenant has been there for 6 months.
Jim Margotta stated that the body shop was a non-conforming use.

�V

Miguel Jiminez asked how long was the body shop there.
Jim Margotta responded over 20 years.
The Chair opened the public hearing.
Dan Gavin (Scarborough, NY) stated that it is difficult to conduct his audiology business
with all of the noise that this business generates. He also stated that the occupants
perform painting outside of the garage and the fumes are strong. The noise was the main
complaint.
Diana Abboud stated that the Department of Health said to install a fan inside the garage
to help with the fumes.
Eliot Martone asked if vehicles could make it down the driveway to make deliveries.
Diana Abboud responded that a van could fit down the driveway.
Frank Ammenta (245 North Broadway) stated that the auto body shop was there before.
He also stated that it is far worse now then before. He also stated that he receives lots of
complaints from his tenants.
Antonio Teckshara (iron works owner) had his son translate for him. He stated that the
body shop would have to grind and paint also so there is really no difference between the
two businesses.
Frank Ammenta also stated that a lot of work is performed outside.
The Chair asked if the business operates during normal business hours.
Frank Ammenta responded yes.
Miguel Jiminez made a motion to close the public hearing. James Galgano seconded. It
was unanimous.
Ed Lammers stated that a use variance requires hard financial data. The applicant has not
presented this information.
James Galgano asked what is the proposed use.
Jim Margotta responded that the use would be light manufacturing.
James Galgano stated that financial information is needed. He stated that there was no
hardship presented to the Board.
The Chair agreed. The Chair also stated that the Board should see if this is the only
conforming use for this property.
Linda Moiron asked how long was the area vacant since the auto body shop moved out
and the current business moved in.
Diana Abboud responded 3 months.
Linda Moiron asked the applicant how was the vacancy advertised.
Zoning Board Meeting, July 19, 2000

2

�Diana Abboud responded that it was advertised in the Pennysaver for 3 months.
The Chair informed the applicant that there were two options:
1) The Board could vote tonight. If the request was denied, another application
could not be submitted for 6 months.
2) Ask for an adjournment and come back next month with financial data to
support the hardship request.
The applicant requested an adjournment.
Eliot Martone stated that an adjournment is not a motion to approve.
The Chair stated that the applicant needs to:
1) Present hard financial data.
2) Explain why this is the only use that would work.
Miguel Jiminez stated that the applicant should also address the ventilation issue. He
stated that the applicant come to the Board with plans and hard data for the ventilation
corrections.
The Chair stated that the current iron business could operate until then but only on the
inside.
Adjourn until 09/20/00 meeting.
b) Frank Camilliere This is a continuation of a prior application.
Ron Tumquist (Architect) gave an overview of the building history. He also gave an
overview of the proposed use.
Ron Turnquist stated that the business is not open to the public. It is just for his personal
samples. It would not be used as a warehouse or for storage. The hours of operation
would be flexible. There are two (2)-parking spaces required.
Eliot Martone asked if there are any other employees.
Frank Camilliere responded no.
Eliot Martone asked if there would be a sign limiting for trade use only.
Frank Camilliere responded that it would be by appointment only.
Linda Moiron asked if the applicant performs residential work.
Frank Camilliere responded yes.
Zoning Board Meeting, July 19, 2000

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�James Galgano asked if there would be a show room at this location.
Frank Camilliere responded no.
Miguel Jiminez stated that Cortlandt Street has ho parking problems until 4pm.
Linda Moirbh asked if the applicant would be working after hours.
Frank Camilliere responded yes.
Frank Camilliere stated that he rents a parking space nearby.
The Chair opened the public hearing.
John Moribito made a motion to close the public hearing. Miguel Jiminez seconded. It
was unanimous.
Ed Lammers stated that this is a limited use application. If the use changes, the variance
no longer exists.
Eliot Martone made a motion to approve with the following conditions:
1) no more than one employee at any one time
2) by appointment only
3) for this business only
4) if size increases, the applicant must return for a new variance.
John Moribito seconded. It was unanimous.
Other Topics:
There was an open discussion on the Elizabeth Mascia childcare center application from
last meeting. After the open discussion, John Moribito made a motion to re-consider the
application. Eliot Martone seconded. It was unanimous.
The minutes for May 2000 were reviewed and unanimously approved as submitted.
The minutes for June 2000 were reviewed and approved 5-0 (Miguel Jiminez abstained).
Eliot Martone made a motion to adjourn. James Galgano seconded. It was unanimous.
Adjourn to next meeting.
Respectfully Submitted,

Anthony DelVecchio
Zoning Board Meeting, July 19,2000

4

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                    <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD MEETING
June 21,2000

°^L;

The meeting was called to order by Robert Anello, Chair at 8:04 p.m.
Present:

Robert Anello, Chairman
James Galgano
Eliot Martone
Linda Moiron
Peter Koffler
John Moribito

Absent

Miguel Jiminez

Also Present: James Margotta (Building Inspector)
Ed Lammers (Village Attorney)
Anthony DelVecchio (Stenographer)
Agenda:
a)
b)
c)
d)
e)

Frank Camilliere
Sam Vieira
Augustin Triana
Blue Gorilla Studios, Ltd.
Philipse Manor Beach Club

Depeyster St.
174 Valley Street
128 Cortlandt St.
8 Kendall Ave.

Announcements:
None.
a) Frank Camilliere The public notice was read aloud. John Hughes is representing the applicant and is filling
in for Ron Turnquist, project architect.
The Chair noted that the Board had received the following documents:
a) Building Plan for basement dated March 23,2000.
b) Letter from Jim Margotta denying the building permit.
c) The application for the variance.
Frank Camilliere stated that this is a request to install an office in the basement for the
purpose of operating a carpet store/showroom.
John Moribito asked if this was a side business.
Frank Camilliere responded yes.

�The Chair stated that this building already has a parking variance. The Chair asked for
the parking requirements of the building.
Jim Margotta responded that it should be in the legal notice.
The Chair stated that the Board would need to see the file from the last approval.
John Moribito asked about the parking requirements for a 6 family building.
Jim Margotta responded that one (1) parking space/apt. + Vz parking space /bedroom was
required. There are ten (10)-parking spaces required.
The Chair stated that a timing variance might apply for this application.
John Hughes stated that he will get the previous file and will return with all necessary
information at the next meeting.
The Chair opened the public hearing
Eliot Martone made a motion to close the public hearing. John Moribito seconded. It
was unanimous.
The Chair adjourned this application until next month.
b) Sam Vieira The public notice was read aloud. The Chair noted that the Board had received the
following documents:
a)
b)
c)
d)
e)

The application for the variance.
Returns
Public Notice
Letter from Tony Suarez dated 6/12/00.
Letter from Sam Vieira dated 5/10/00.

Sam Vieira, Project Architect, spoke on behalf of the applicant. He gave a general
overview of the application to date. He stated that this is a new application but the
applicant is the same as the April 27, 2000 meeting. He also stated that no previous
variance was granted.
Sam Vieira gave a brief history of all work associated with the building and changes in
the building use. He also gave a history of parking associated with this building.
Sam Vieira stated that based on all previous parking needs, 19 spaces are needed plus the
loading spaces. He also stated that based on the proposed use, only 10 spaces are
required. The proposed usage has decreased the parking requirements.
Zoning Board Meeting, June 21,2000

2

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Sam Vieira stated that the building has no property beyond the boundaries and the
building has never had off-street parking.
The Chair stated that off-street parking was promised. The Chair then read a letter from
Tony Suarez. The letter indicated that Tony Suarez was against the variance request.
The Chair opened the public hearing.
Don Guatano (43 Lawrence Ave, Sleepy Hollow) spoke. He stated that Tony Suarez
does not live in the Village and the letter should not be considered.
The Chair asked if there was anyone from the public that wished to speak. Since there
was none, John Moribito made a motion to close the public hearing. Eliot Martone
seconded. It was unanimous.
John Moribito stated that there is no deed restriction for parking.
The Chair responded that no variance was needed back then. The Chair also stated that
after the business was sold, a business was added where parking was to be provided.
The Chair asked the Board if there were any other comments.

4fc

Jim Galgano asked if the apartments were being used.
Jim Margotta responded yes.
Jim Galgano asked how long have these apartments been used.
Sam Vieira stated that the four- (4) apartments have been in use since 1984.
Jim Galgano stated that they have been operating without parking since 1984 also.

i

Sam Vieira discussed the removal of the curb cut to add additional street parking at night.
He also discussed the methods to be used to drop-off children and pick them up during
the day.

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Jim Galgano stated that parking is a problem at night not in the day. He also stated that
this building has been operating for the last 15 years in this manner and he would vote to
grant the variance.

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The Chair stated that if the Board forces him to comply with the Zoning laws, five (5)
cars can park in this space.

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John Moribito stated that he would not want to live there if cars were parked under his
bedroom.
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Zoning Board Meeting, June 21, 2000

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�Eliot Martone stated that the Board couldn't forgive 16 years of violations and give a
variance.
The Chair stated that the owner should correct the problem and conform the building for
parking.
Sam Vieira stated that the proposed parking impact is less than what is currently there
now. It is only an impact of two spaces.
The Chair stated that this is a self created hardship not a financial hardship. The Chair
opened the discussion to the Board.
Jim Galgano stated that the day care center is needed in the Village. This problem should
have been corrected 15 years ago.
John Moribito stated that he agrees with Jim Galgano. He stated that since children are
only going to be dropped off, he feels that the two- (2) parking spaces are not required.
Peter Koffler stated that he agrees with the Chair.
Jim Galgano stated that this problem is the fault of the Village for allowing this to occur
for the last 15 years.
Jim Galgano made a motion to approve the application and grant the variance. John
Moribito seconded. The application was declined 4-2.
c) Augustin Triana The public notice was read aloud. The Chair noted that the Board had received the
following documents:
a)
b)
c)
d)
e)
f)

One page zoning requirement.
Letter from John Hughes dated 05/16/00.
The application for the variance.
The previous Zoning Board minutes for the previous approval.
Deed.
Two (2) drawings.

John Hughes is representing Augustin Triana. Augustin Triana was also present.
John Hughes gave a history of previous parking variances. He stated that the new
parking lot is accessible from 2-way street as opposed to the current parking lot, which is
on a one-way street.

Zoning Board Meeting, June 21, 2000

4

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John Hughes stated that the applicant would try to put a residential housing unit in the
location of the current parking lot. John Hughes also stated that the application has been
delayed due to the applicant's family illness. Due to this illness, the applicant is no longer
financially strong.
John Hughes stated that the restaurant has not been a problem as far as parking goes. He
also stated that the applicant only seeks to change the location of the restaurant parking
and it is only a net change of one space.
The Chair asked if the previously approved plan was available.
John Hughes responded yes. It was included in the package.
The Chair asked if there were any parking requirements for the tenants.
John Hughes responded no. He stated that since the building was previously a boarding
house, parking was not required. The only parking demand was for the restaurant.
Jim Margotta stated that there is less parking required for 4 apartments than for 20
tenants.
The Chair inquired about valet parking.
John Hughes responded that the applicant has considered valet parking as an option.
John Moribito stated that in the lot across the street, valet and tandem parking was
supposed to be used but they do not exist.

•

The Chair asked Ed Lammers if the Board could impose anything to make parking
available to the tenants.
Ed Lammers responded that a sign could be installed to indicate spots to be designated
for tenant parking.

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The Chair opened the public hearing.
Linda Moiron made a motion to close the public hearing. Eliot Martone seconded. It
was unanimous.

- -

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Peter Koffler asked if this lot was large enough for 18 cars.
John Hughes responded that based on the plans, spaces are 16' - 8" by 7 ' - 0" and can
accommodate 18 cars.

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Linda Moiron stated that she recently visited the restaurant and had no problems with
parking.

m

John Moribito stated that the revised parking plan only loses one parking spot.
The Chair read the previous approval from the Zoning Board of Appeals meeting dated
April 17, 1996. The conditions for approval were read aloud.
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Zoning Board Meeting, June 21, 2000

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�1) Property across the street, 8 Cedar Street, which is owned by Mr. Triana, be
designated for parking according to the plans submitted to the Zoning Board of
Appeals and pursuant to the requirements for the development and maintenance set
forth in 62-14, that parking spaces 19, 20 and 21 be designated as employee's parking
spaces. A legal instrument satisfactory to the Village Attorney will be filed with the
County Clerk restricting the use of that property for as long as any parking is required
for any use at 128 Cortlandt Street, North Tarrytown, New York.
2) It is required that the loading zone and parking space located on College Avenue side
be surfaced and maintained as required by Sec. 62-14 D(4) and be designated as a
loading zone and parking space used for the restaurant/bar.
3) The applicant should also be required to obtain approval from the ARB for the signs
for the parking lot at 8 Cedar Street and at 128 Cortlandt Street.
4) That the applicant does not obtain a Cabaret license without obtaining additional
variances from the Zoning Board of Appeals.
5) That the restaurant/bar not have more than 84 seats.
Additional requirements were added. They were as follows:
1) Additional spaces designated for tenants (Spots 13 through 18).
2) Site plan approval should go through the Planning Board.
Jim Margotta stated that a portable valet parking sign could be used. Any changes to the
facade should go through the ARB.
There was an open discussion on the merging of the two properties versus applying a
deed restriction. The tax map designation on the tax map needs to be changed. The tax
maps are changed through the Planning Board.
The Chair made a motion to approve the variance with the following restriction:
1. Property across the street, 8 Cedar Street, which is owned by Mr. Triana be
designated for parking according to the plans submitted to the Zoning Board of
Appeals and pursuant to the requirements for the development and maintenance set
forth in 62-14, that parking spaces 1,2 and 3 be designated as tandem spaces for
employee's parking and parking spaces 15, 16, 17 and 18 be designated as tenant
parking spaces. A legal instrument satisfactory to the Village Attorney will be filed
with the County Clerk restricting the use of that property for as long as any parking is
required for any use at 97 College Avenue, Sleepy Hollow, New York. All current
tenants shall be given a letter informing them of the parking spaces. All future tenants
are informed through their leases.

Zoning Board Meeting, June 21, 2000

6

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2. A legal instrument satisfactory to the Village Attorney or an applicable deed
restriction will be filed with the County Clerk to merge these properties (128
Cortlandt Street and 8 Cedar Street) so that one property cannot be sold without the
other.
3. The applicant supplies a weekend parking sign stating that parking is available.
4. Parking spots 1-20 cannot be rented out. These spots are only available for the
restaurant and tenants.
5. It is required that the loading zone and parking space located on College Avenue side
be surfaced and maintained as required by Sec. 62-14 D(4) and be designated as a
loading zone and parking space used for the restaurant/bar.
6. That the applicant does not obtain a Cabaret license without obtaining additional
variances from the Zoning Board of Appeals.
7. That the restaurant/bar not have more than 84 seats.
8. The applicant must go to the Planning Board for site plan approval.
9. The applicant must go to the ARB for facade approval.

•

Jim Margotta asked why the Planning Board needed to review the application.
The Chair responded that it is as per the Zoning Code.
Jim Margotta responded that it is interior parking.
Ed Lammers responded that the matter should be referred to the Planning Board.
The Chair made a motion to approve the variance with the previously stated restrictions.
Linda Moiron seconded. It was unanimous.
d) Blue Gorilla StudiosThe public notice was read aloud. The Chair noted that the Board had received the
following documents:
a)
b)
c
)
d)
e)
f)
g)

If:

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m.

The application for the variance.
A memo from Blue Gorilla Studios.
Survey.
Letter from Building Inspector denying the Building Permit.
Zoning Board of Appeals minutes from 4/15/98.
Short EIF.
The Building Plans.
Zoning Board Meeting, June 21, 2000

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�h) Supplemental letter.
Robert Spolzino is the attorney representing the applicant. He stated that no variance
should be needed based on the Village Zoning maps.
Jim Margotta stated that this property is located in a C2 zoning district.
The Chair asked if a variance was needed. There was an open discussion on whether a
variance was needed.
Sean McCarthy is the architect for the applicant. He gave a brief history of the previous
uses of the building.
The Chair stated that the last variance was for five (5)-parking spaces.
Sean McCarthy gave an overview of the proposed building use and parking plan. He
stated that the studio would only accommodate one artist at a time. There would also be
only 1-2 employees at a time present.
Sean McCarthy reviewed the parking requirements. They are one-space/1000 SF or onespace/2 employees whichever is greater. The total office and studio space equals 4100
SF. He also stated that one space would not impact the area.
Jim Galgano asked about the hours of operation.
Sean McCarthy responded mostly in the day but there is no set hours.
Linda Moiron asked about the loading zone.
Sean McCarthy stated that the plans are not complete but since the loading zone will not
be used, this parking space could be added to street parking.
The Board reviewed the minutes that covered the previous application and approval.
Jim Margotta asked if any trucks would be used with this business.
Sean McCarthy responded that no trucks would be used.
The Chair asked if there were any other questions from the Board.
Since there were no other questions, the Chair opened the public hearing.
Ella McDonough, 23 Kendall Ave asked if the facility would be soundproof.
Sean McCarthy responded yes.
Ella McDonough also asked about the hours of operation.
Sean McCarthy responded that they are not posted.
Ella McDonough also asked about the possibility of overflowing the parking of the
business onto the street and interfering with resident parking.
Zoning Board Meeting, June 21, 2000

8

�Sean McCarthy responded that there will only be 1-2 employees there at any one time
and this should not be a problem.
David Stoler (co-owner of Blue Gorilla Studios) spoke. He stated that although there are
6 (six) proposed offices, there will probably never be 6 (six) employees present.
Ella McDonough also asked about the one missing space for tenants. The current tenant
has 2 (two) cars.
Sean McCarthy responded that as per the village code, only one spot is required.
Ella McDonough asked why are the loading spots and parking spots given for the
building.
Sean McCarthy responded that the owner is not there. The Code also requires a 45 '
loading space.
Anabel Silva, 13 Kendall Ave asked about the growth of the business and the ability for
the residents to park.
Mr. Chairtov (co-owner of Blue Gorilla Studios) spoke. He stated that the growth of the
business could not impact parking because the studio can only accommodate a certain
amount of artists at any one time.
John Moribito made a motion to close the public hearing. Jim Galgano seconded. It was
unanimous.
The Chair stated that the applicant is willing to remove the curb cut and add one (1)
additional parking space.
The Chair read the restrictions on the previous approval. He stated that condition #1 is
still applicable. Conditions #2 through #7 are not applicable. He stated that conditions
#8 and #9 are still applicable.
Eliot Martone made a motion to approve the request.
The Chair added the following restrictions on the approval. They are as follows:
1) The first condition remains in effect. Only one business can operate at this facility.
2) Propose the removal of the one of the two existing curb cuts.
3) Parking lot across the street is maintained for six (6)-parking spaces. A legal
instrument satisfactory to the Village Attorney will be filed with the County Clerk
restricting the use of that property for as long as any parking is required for any use at
8 Kendall Ave. Sleepy Hollow, New York.
4) One spot is to be allowed for the tenant.
5) No parking overnight for commercial vehicles.
6) If the use changes, a new variance application must be submitted.

Zoning Board Meeting, June 21, 2000

9

�The approval was unanimous.
e) Philipse Manor Beach Club Eliot Martone requested that he be excused from this topic since it represents a conflict of
interest.
The public notice was read aloud. The Chair noted that the Board had received the
following documents:
a) A letter from PMIA.
Lee Kennedy is representing the applicant. He stated that currently the fence is 6' - 6"
and is in a park and recreation zone. The applicant wants to replace this existing fence
with a 6' - 0" fence but if they need to put a 7' - 0" fence for security reasons, they don't
want to make another submission.
Lee Kennedy gave a summary of the Waterfront Advisory Committee findings and
provisions.
The Chair asked if the applicant had been before the ARB.
Lee Kennedy stated that the applicant had been before the ARB last month and they
approved a 6' - 6" fence.
Lee Kennedy stated that the Boat Club has lots of boats and they have a difficult time
keeping swimmers out.
The Chair opened the public hearing.
John Moribito made a motion to close the public hearing. Linda Moiron seconded.
John Moribito made a motion to grant the variance.
Peter KofBer asked if the fence would be natural wood or painted.
Lee Kennedy responded that it would be galvanized black steel posts with a wood picket
fence (Cedar). He did not know whether it would be gray or white.
Linda Moiron asked how the applicant intended to go from 6' - 6" to T - 0". Would the
applicant add a piece or replace the fence.
Lee Kennedy responded that he did not know.
Linda Moiron seconded John Moribito's request to grant the variance.
It was unanimous.

Zoning Board Meeting, June 21, 2000

10

�The T - 0" variance is limited on condition that if the applicant decides to install the
T - 0" fence, they are required the go before the ARB for their approval.
Other Topics:
The minutes from April 2000 meeting were reviewed.
On page 2, it reads: " The Chair asked where the 2 parking spot requirement came."
It should read: " The Chair asked from where the 2 parking spot requirement came.
On page 2, it reads: " The Chair stated that the requirement for two (2) parking spots can
be determined three different ways (Square footage, Nursery and employees).
It should read: " The Chair stated that the requirement for two (2) parking spots can
be determined three different ways (Square footage, Nursery, and number of
employees).
The Chair made a motion to approve the minutes as noted. It was unanimously approved.
The minutes from the May 2000 meeting were not available. They will be reviewed at
the next meeting.
The Chair made a motion to adjourn. Eliot Martone seconded. It was unanimous.
Adjourned at 10:28 p.m.

Zoning Board Meeting, June 21,2000

11

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v:
VILLAGE OF SLEEPY HOLLOW
ZONING BOARD MEETING
May 17,2000

1

j[ 9/6 O

The meeting was called to order by Robert Anello, Chair at 8:02 p.m.
Present:

Robert Anello, Chairman
James Galgano
Eliot Martone
Linda Moiron
Peter Koffler
JohnMoribito

Absent:

Miguel Jiminez

Also Present: James Margotta (Building Inspector)
Marianne Stecich (Village Attorney)
Anthony DelVecchio (Stenographer)
Agenda:
a) Jon Turnquist

94 Beekman Avenue

Announcements:
None.
a) Jon Turnquist This is a request to grant an area variance for a proposed day care center with no parking
spaces where two (2)-parking spaces are required.
The public notice was read aloud. The Chair noted that the Board had received the
following documents:
a)
b)
c)
d)

The application for the variance.
Returns
Public Notice
Survey

Ron Turnquist is representing the applicant Jon Turnquist.
Ron Turnquist presented a proposed site plan to the Board. He also stated that the
previous business that occupied the first floor was a supermarket (retail space). Since
this closed last July, the existing variance should still apply. It has not been a full year.
The Chair inquired what occupied the second floor.

�&lt;

V

Ron Turnquist stated that it is not currently occupied but it was residential. He also
stated that it would remain residential.
The Chair inquired what would occupy the downstairs space.
Ron Turnquist responded that it would be either retail or office space. He also stated that
They are not changing anything. They would only be remodeling the upstairs
apartments. This was demonstrated by two drawings. He also stated that sprinklers
would be installed.
The Chair inquired that if the building was new, how many spaces would be required.
Ron Turnquist responded that the retail space would require 1 space/200 SF and if it
would be set up for an office, the requirement would be 1 space/300 SF.
The Chair stated that there are two (2) variances on the application. The Chair
questioned the need for a variance with regards to the 60% coverage requirement. The
Chair asked the applicant if he was changing the outside of the building.
Ron Turnquist responded no.
Jim Margotta stated that since the building had been abandoned for over a year, the nonconforming use variance had expired.
The Chair asked if the applicant was changing the use.
Ron Turnquist responded no.
The Chair stated that a variance is not needed for lot coverage.
The Chair asked if the Board had any questions.
Jim Galgano inquired could the first floor be made into an apartment.
Ron Turnquist responded that then it would be a three-family dwelling and there would
be NYS code violations.
Peter Koffler inquired about the parking requirements for the second floor.
The Chair stated that if the use increases the parking need, a variance is needed.
Ron Turnquist stated that it is now retail space. If the first floor were made into offices,
then it would decrease the parking requirements.
John Moribito stated that the applicant's request is non-coriforrning.

Zoning Board Meeting, April 27,2000
. .- '-,- •*•- - ~ •:-- ---„,-

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�V

The Chair stated that the code (for parking) has been amended since.
The Chair stated that a variance is not needed for the area setback since the building will
not be changed. The Chair made a motion to dismiss the denial of the building permit
and the need for a variance. Eliot Martone seconded. It was unanimous.
The Chair stated that the parking variance is needed for two apartments. The code
requirement (pg. 62-31) states that 1 space/family is required. The Chair stated that this
would not negatively impact the neighborhood.
Ron Turnqiiist asked if the space could be occupied by either retail or office space.
The Chair stated that the applicant had until the end of June to preserve the existing use
of the retail/office space. The Chair also stated that if the applicant changed the tenant
that it wouldn't matter.
Jim Margotta asked Ron Turnquist when he would be applying for a building permit.
Ron Turnquist responded that he did not know.
Jim Margotta stated that if a building permit was not requested by the end of June, then
the applicant would have to come back to the Board.
The Chair stated a building permit would be needed by the end of June.
John Moribito made a motion to approve the variance. Jim Galgano seconded. It was
unanimous.
Other Topics:
The minutes from April 27,2000 meeting were not available. They will be reviewed at
the next meeting.
i

Eliot Martone made a motion to adjourn. It was unanimous.
Adjourned at 8:32 p.m. to next meeting.

Zoning Board Meeting, April 27,2000
-$j£ « i*&amp; J - ^ i , BSWifeSB A« iixalj-ia

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                    <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD MEETING
April 27,2000

&lt;* [U

The meeting was called to order by Robert Anello, Chair at 8:10 p.m.
Present:

Robert Anello, Chairman
Miguel Jiminez
Eliot Martone
Linda Moiron
Peter Koffler

Absent

James Galgano
John Moribito

Also Present: James Margotta (Building Inspector)
Ed Lammers (Village Attorney)
Anthony DelVecchio (Stenographer)
Agenda:
a) Elizabeth Mascia Chad Care Center 174 Valley Street
Announcements:
A new Chairman needed to be selected. Linda Moiron nominated Robert Anello. Eliot
Martone seconded. It was unanimous.
a) Elizabeth Mascia Child Care Center This is a request to grant an area variance for a proposed day care center with no parking
spaces where two (2)-parking spaces are required.
The public notice was read aloud. The Chair noted that the Board had received the
following documents:
a)
b)
c)
d)
e)
f)

The application for the variance.
Returns
Public Notice
A letterfromthe Elizabeth Mascia Child Care Center dated 3/15/00.
Short form Environmental Impact Statement.
Building Plans.

The Chair asked if this matter had to go to the Sleepy Hollow Planning Board.
Eliot Martone referred to Section 62-48 (b) of the Zoning Code, which details the
required action by the Planning Board.

�The Chair stated that the Zoning Board would listen to the applicant. After the Board
hears the application, they will determine whether or not the Planning Board's input is
required.
Sam Viara (Project Architect) spoke on behalf of the applicant. He gave a general
overview of the day care center. He stated that (by NYS law) there would be a maximum
of 15 children in the center and their ages would range from 6 weeks to 18 months. He
also stated that (by NYS law) there would be one (1) staff member for every four- (4)
children.
Sam Viara stated that the only parking requirements would be when a child is picked up
or dropped off. The day care center would not receive a real rush of cars. He also stated
that in another day care center only 25% of the staff drive to work. The rest take mass
transit.
Sam Viara also stated that there is no off-street parking available.
The Chair asked where the 2 parking spot requirement came.
Jim Margotta referred to Section 62-14 of the Zoning Code. Under the classification of
Nursery, two (2)-parking spots are required.
The Chair stated that the requirement for two (2) parking spots can be determined three
different ways (Square footage, Nursery and employees).
Linda Moiron asked what the hours of operation would be.
The applicant responded that the hours of operation would be 7 a.m. - 6 p.m. with an
occasional evening workshop.
The Chair asked what is above this proposed day care center.
Sam Viara responded that it was residential.
Miguel Jiminez asked about means of egress in case of a fire.
Sam Viara responded that the Fire Inspector had reviewed and approved of the plans.
Miguel Jiminez stated that he would like to see the comments from the Fire Inspector
(Mr. Stilotski).
Miguel Jiminez stated that there was a variance granted several years ago on this
property. The variance involved adding apartments at this property under the condition
that additional parking would be secured for these apartments.
Eliot Martone asked if one variance could supercede another variance.

Zoning Board Meeting, April 27,2000

�The Chair stated that if the variance stated that parking had to be secured to approve the
variance and parking was not secured, the parking for the upstairs becomes an issue.
The Chair asked who owns the property.
Sam Viara responded the Antonio Rodriguez owns the property.
The Chair stated that this variance might have other implications.
The Chair asked if the Board had any other questions for the applicant.
Sam Viara stated that the applicant intends to ask the Board of Trustees to close a curb
cut in front of the building that is not used. This would secure one (1) parking space.
The Chair opened the public hearing.
Miguel Jiminez made a motion to close the public hearing. Eliot Martone seconded.
The Chair stated that with a request of this nature, the entire building needs to be
evaluated.
Eliot Martone stated that the Zoning Board can not vote until the parking issue for the
upstairs apartments are resolved.
Linda Moiron asked what is to be done if the prior variance was not followed.
The Chair stated that this is not just an application by the user. The building owner is
getting the variance. The Chair stated that the building owner should come before the
Board with a parking proposal.
The Chair asked if the lease was dependent on obtaining the variance.
The applicant responded yes.
The Chair responded that the Planning Board should comment on this.
Miguel Jiminez stated that he would like to see the comments from the Fire Inspector and
clarification of the previous variances.
Sam Viara asked if the Zoning Board has ever considered approving leased parking at
another location.
The Chair responded yes.
Eliot Martone responded that you must secure a very long lease. A variance cannot be
granted for a 2 year parking lease.

Zoning Board Meeting, April 27,2000

�Peter Koffler asked about a drop off spot.
The Chair stated that a provision could be made.
Sam Viara stated that the request for closing the curb cut would include a no parking
scenario during the hours of operation of the day care center.
Eliot Martone made a motion to adjourn the application. Miguel Jiminez seconded. It
was unanimous.
Other Topics:
The minutes from February 2000 meeting were reviewed. Miguel Jiminez made a motion
to approve the minutes. Eliot Martone seconded. It was unanimously approved.
Miguel Jiminez made a motion to adjourn. Eliot Martone seconded. It was unanimous.
Adjourned at 9:05 p.m. to next meeting.

Zoning Board Meeting, April 27,2000

�April 7, 2000

Zoning Board of Appeals members

James Margotta

-Due to Religious Holidays, t{ie April 19th meeting has been
cancelled.
Ihe meeting will be held on April 27, 2000.
The agenda is as follows:
Elizabeth Mascia Child Care Ctr.,
174 Valley St.

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v

ZONING BOARD MEETING
February 16,2000
The meeting was called to order by Robert Anello, Chair at 8:01 p.m.
Present:

Robert Anello, Chairman
James Galgano
John Moribito
Eliot Martone
Linda Moiron
Peter Koffler

Absent

Miguel Jiminez

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Also Present: James Margotta (Building Inspector)
Ed Lammers (Village Attorney)
Anthony DelVecchio (Stenographer)
Agenda:
a) George Samaras
b) Adele Luberger

175 Valley Street
44 Harwood Ave.

Announcements:
George Samaras is removed from the meeting agenda. Eliot Martone made a motion to
continue this at the next meeting. Jim Galgano seconded. It was unanimous.
Revised Agenda:
a) Adele Luberger

44 Harwood Ave.

This is a request to grant an area variance for a storage shed that does not meet the
current zoning requirements of the Village of Sleepy Hollow. The public notice was read
aloud. The Chair noted that the Board had received the following documents:
a)
b)
c)
d)
e)

Returns
The application for the variance
Short EAF
survey of the property
Letter from Jim Margotta denying a Certificate of Occupancy (dated
09/30/1990).
f) Letter from neighbors (Jacobsons) that they have no objections. They
reside at 35 Harwood Ave. (dated 01/22/2000)

Mr. George Orose is Adele Lubergex's attorney and is representing her.
He stated that this request is needed to complete the sale of this property.
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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-conforming 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 nonconfonning 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

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�3) Page 10 reads:
The motion was imanimous.
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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