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VILLAGE OF SLEEPY HOLLOW
ZONING BOARD OF APPEALS MEETING
December 19,2001

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The meeting was called to order by Robert Anello, Chairman at 8:00 p.m. The Chair noted that a
quorum was present.

RECEIVED
Present:

Absent:

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

JAM " 2 2QB2
*^
VI
*AA01 CLERK

Bruno Volpaccio

Also Present: Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Anthony DelVecchio (Recording Secretary)
Agenda:
a) Kevin Sullivan
b) Christina Rodriguez
c) Giovanni Volpaccio
d) Minutes of October 2001
Announcements:
None.
a) Kevin Sullivan This is a continuation from the previous meetings.
The Chair read a memo from Police Chief Warren and Bob Stiloski.
Kevin Sullivan submitted photos to the Board. The photos showed one 6' x 8' panel installed.
He also showed photos of other houses with 6' fences on Route 9 to show that this is in character
with the community.
Eliot Martone stated that the photos of the other houses are not on a corner.
The Chair stated that he does not agree with Police Chief Warren. He also stated that he does
not feel comfortable approving this fence. He stated that the turn is very dangerous. He also
stated that this hardship is self-created and the yard could be protected with a conforming 3'-high
fence.

�. *

*

Peter Koffler stated that he has driven by numerous times. He stated that the location of the stop
sign makes a significant difference. He stated that the applicant could angle the fence towards
Route 9 to enhance the view of traffic or he could move the fence in a few feet.
The Chair stated that angling the fence would give the applicant an awkward yard.
Kevin Sullivan stated that the Phillipse Manor sign is also blocking the view of traffic onto
Route 9.
The Chair explained the zoning guidelines for granting a variance for a hardship. He stated that
he could install a 3' fence in the front with a 6' fence in the rear.
Miguel Jimenez stated that the applicant should return with a revised plan.
The Chair responded that the ZBA should render a decision on this application.
There was an open discussion on the safety issues involved in the Zoning Code.
Kevin Sullivan requested to install a 6' fence in the rear of the house.
Peter Koffler made a motion to deny the original request and approve a 6' fence flush with the
northern most rear plane heading east to meet the fence line on Route 9. Eliot Martone
seconded. It was unanimous (6-0).

b) Christina Rodriguez This was adjourned to next meeting at the request of the applicant.
c) Giovanni Volpaccio This is an application for an area variance.
The public notice was read aloud.
The Chair asked if the mailings were received.
Giovanni Volpaccio was unable to produce the returned signed mailings.
This was adjourned to the next meeting.

d) Minutes of October 2001 The minutes for October 2001 were reviewed. The following correction was noted:
1) Before item d) add:
Zoning Board of Appeals Meeting, December 19, 2001

2

�"Chairman, Robert Anello arrived and took over the meeting.*'
Peter Koffler made a motion to approve the minutes as amended. Eliot Martone seconded. It
was unanimous (6-0).
Peter Koffler made a motion to adjourn. Linda Moiron seconded. It was unanimous (6-0).
Adjourned at 8:46 p.m. to next meeting.

Respectfully Submitted,

Anthony DelVecchio

Zoning Board of Appeals Meeting, December 19,2001

3

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                    <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD OF APPEALS MEETING
October 17,2001

RECEIVED
OCT 1 9 ?nM

The meeting was called to order by Peter Koffler, Acting Chairman at 8:02 p.n4!f«'ftft&amp;sifctf?%£ft K
Chair noted that a quorum was present.
A
&lt;&gt;
Present:

Robert Anello, Chairman
James Galgano
Peter Koffler
Eliot Martone
Miguel Jiminez

Absent:

Linda Moiron
Bruno Volpaccio

l
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Also Present: Ed Lammers (Murphy, Stecich &amp; Powel 1/Village Attorney)
Anthony DelVecchio (Recording Secretary)
Bob Stiloski (Department of Fire and Life Safety)
Agenda:

a) Kevin Sullivan
b) Chris Ghari
c) George Rodriguez
d) Anthony Del Vecchio
e) Minutes of September 2001

Announcements:
Peter Koffler stated that the Chairman would be late.
a) Kevin Sullivan Eliot Martone made a motion to postponed this item to the next meeting. Miguel Jiminez
seconded. It was unanimous (4-0).
fr) Chris Ghari The public notice was read aloud.
Peter Koffler stated that the Board had received the following items:
1) application dated 9/13/01
2) letter from Jim Margotta dated 9/12/01 denying the permit

�3) site plan
4) mailings
Chris Ghari is representing this application. He described the existing conditions of the house
and the proposed project in detail.
Eliot Martone stated that the lot is non-conforming.
Ed Lammers responded that the applicant is not building on the non-conforming side.
Miguel Jiminez made a motion to open the public hearing. Jim Galgano seconded. It was
unanimous (4-0).
Since there were no public comments, Miguel Jiminez made a motion to close the public
hearing. Peter Koffler seconded. It was unanimous (4-0).
Peter Koffler asked if the applicant had ARB approval.
Chris Ghari responded no.
Miguel Jiminez made a motion to approve the application subject to ARB approval. Jim
Galgano seconded. It was unanimous (4-0).
c) George Rodriguez The public notice was read aloud.
George Rodriguez is representing this application.
Eliot Martone asked if this was a request for an area variance.
Ed Lammers responded yes.
Miguel Jiminez stated that he owns property within 200 feet of this address and he did not
receive a public notice.
This was verified by Bob Stiloski.
George Rodriguez responded that they sent out the public notices to all addresses given to them
from Jim Margotta.
Eliot Martone stated that the applicant should check with the Building Department to verify the
accuracy of the mailings.
This was adjourned to next meeting.

Zoning Board of Appeals Meeting, October 17,2001

2

�d) Anthony DelVecchio This is a continuation of the previous two meetings.
Howard Dean is representing this application with Anthony DelVecchio. He stated that an
agreement had been reached between Anthony DelVecchio and Ed Mahoney. The agreement is
as follows:
1) Anthony DelVecchio agrees to plant 4' arborvitaes (around 6 in total) on Ed
Mahoney's property to enhance the existing landscaping buffer.
2) Anthony DelVecchio will install any lighting on the walkway away from Ed
Mahoney's property.
3) Anthony DelVecchio would trim two trees (evergreens) on his property to restore Ed
Mahoney's view of the Hudson River. One tree would be trimmed +/- 2 feet and the
other would be trimmed +/- 6 feet.
4) Railing on the walkway will be 5'-0" along the side of the property where a variance
is required.
5) An easement would be granted by both parties allowing both to use existing property
that is divided by the existing 8'-0" fence.
Ed Mahoney agreed to these items.
Miguel Jiminez made a motion to approve the variance subject to the agreement between the
neighbors. Jim Galgano seconded. It was unanimous (5-0).
f) Minutes of September 2001 The minutes for September 2001 were reviewed. The following corrections were noted:
1) On page #2, change:
"He stated that the fence would be moved to extend his property."
To read:
"He stated that the fence would be moved from the rear plane of the house to the front of the
house."
2) On page #2, change:
"Peter Koffler stated that a 3' fence would not create a hazard."
To read:
"Peter Koffler stated that even a 3' fence would create a hazard."

3) On page #2, change:
Zoning Board of Appeals Meeting, October 17,2001

3

�4i

"The Chair stated that by increasing the yard space, it would create a potential hazard with
traffic."
To read:
"The Chair stated that by moving the rear plane to the front of the house, it would create a
potential hazard with traffic."
4) On page #3, change:
"The Chair responded that the property issue is beyond this Board."
To read:
"The Chair responded that the property ownership issue is beyond this Board."
5) On page #6, move:
b) Anthony Del Vecchio (continued) Howard Dean requested that this application be adjourned to the next meeting.
The Board agreed.
To page #4.
Miguel Jiminez made a motion to approve the minutes as amended. Jim Galgano seconded. It
was unanimous (5-0).
Eliot Martone made a motion to adjourn. Peter Koffler seconded. It was unanimous.
Adjourned at 8:42 p.m. to next meeting.
Respectfully Submitted,

w
Anthony DelVecchio

Zoning Board of Appeals Meeting, October 17,2001

�17illage of Sleepy Jiollow
Robert S. Stiloski

..

"

"

Department of Fire &amp; Life Safety

Director

Phone:914-366-5101

Fax: 914-631-0607

JS/ervYork
1874
Move than a Legend

^

MEMORANDUM
TO:

Terry

FROM:

Sonja

DATE:

October 26,2001

RE:

Meetings

Please add the following to the scroll:
The Zoning Board of Appeals for November 21,2001 has been cancelled.
The Architectural Review Board meeting for the month of December has
been cancelled.
Thank you.
Cc:

Architectural Review Board Members
Board of Trustees
Parking Authority Members
Planning Board Members
Waterfront Authority Members
Zoning Board of Appeals Members

28 Beekman Avenue* Sleepy Holiow, New York 10591

/

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                    <text>ZONING BOARD OF APPEALS MEETING
September 19,2001
The meeting was called to order by Robert Aiielio, Chairman at 8:01 p.m. The Chair noted that a
quorum was present.
•***&amp;f*

Present:

Robert Anelio, Chairman
james Galgano
Linda Moiron
Peter KofYler
Eliot Martone
Miguel Jiminez

Absent:

John Moribito

Also Present: Maryanh Stecich (Murphy, Stecich &amp; Powell/Village Attorney)
Anthony DelVecc-hio (Recording Secretary)
Jirn Margotta (Building Inspector)
Bob Stiloski (Department of Fire and Life Safety)
Agenda:
a) Kevin Sullivan
b) Anthony Del Vecchio
c) John Ofiva
d) Antonio Rocha
e) Tim and Alandra Murphy
f) Minutes of June 2001 and July 2001

Announcements:
None.
a) Kevin Sullivan Kevin Sullivan is the applicant and is representing this application.
The public notice was read aloud.
The Chair asked if the returns were received for the new public noticeJim Margotta responded yes.
The Chair summarized the items received
1) survey
2) application

t^-ex^

�Kevin Sullivan summarized the application. He stated that he wants to install a 6* high fence
where a 5' high fence currently exists. He stated that the fence would provide additional safety
for his children and should reduce the noise and debris generated from Route 9.
The Chair asked if the existing posts would be coming down.
Kevin Sullivan responded when the new fence is erected, the existing posts would be removed.
The Chair responded that at the last meeting, the applicant stated that the posts would be
removed. The Chair asked if the fence would be installed in the same location as the existing
fence.
Kevin Sullivan responded no. He stated that the fence would be moved to extend his property.
He also stated that the posts will be taken down by the fence contractor.
The Chair opened the public hearing.
Since there were no public comments, Miguel Jiminez made a motion to close the public
hearing. Linda Moiron seconded. It was unanimous.
The Chair stated that by increasing the yard space, it would create a potential hazard with traffic.
Kevin Sullivan stated that he could not put a fence or bushes on front yard due to Route 9.
The Chair stated that if privacy is a concern, why increase the fenced-in area.
Kevin Sullivan responded that there are similar houses on Route 9 with similar fences.
Peter KofTler stated that a 3' fence would not create a hazard.
The Chair stated that he has a problem approving a fence that could create a hazard.
The Chair asked if this application had been before the ARB.
Kevin Sullivan responded no.
Bob Stiloski stated that the application could be postponed to next meeting to allow the Police
Chief to perform a traffic survey.
The Chair asked if the Board had any other comments.
Linda Moiron stated that she has safety eoncerns.
Kevin Sullivan requested that the application be adjourned to next month so that the safety
survey could be performed.
Eliot Martone made a motion to adjourn the application to next meeting. Peter Koffler seconded.
It was unanimous.

Zoning Board of Appeals Meeting, September 19,2001

2

�b) Anthony Del Vecchio The Chair stated that the following items were received since last month:
Letter from Anthony DelVecchio inviting the Board to view proposed walkway from his
property.
Howard Dean is the applicant's attorney. He is representing this application along with Anthony
DelVecchio. Howard Dean submitted the following to the Board.
Several photos of the property to show the location of the proposed walkway.
He submitted a letter from John Scarf!.
He submitted a letter from the applicant's Engineer, Tom Liu
Howard Dean summarized the application to date. Lie stated that the applicant applied and
received a variance from the NYS Uniform Fire Code. He stated that the meeting was adjourned
last month to come up with possible alternatives. He submitted a proposal to mitigate the
concerns of the neighbors. It involved altering the original railing to become a more private
fence/railing. He stated that other locations for the stairway would be impractical.
Howard Dean stated that several neighbors have similar structures.
The Chair stated that the Engineers letter show other methods. He asked why they are not
feasible.
Anthony DelVecchio responded that the two-story structure was too steep and the second
method would resuit in loss of the existing walkway. He stated that the walkway is currently
used to access the patio area.
Howard Dean stated that the neighbors concerns included having gatherings on the walkway.
Jim Margotta stated that the walkway is not wide enough for chairs to be used.
Miguel Jiminez asked about the possession of property issue that was raised at the last meeting.
The Chair responded that the property issue is beyond this Board.
Howard Dean responded that the applicant owns the property under the laws of adverse
possession.
The Chair opened the public hearing.
Ed Mahoney (45 Hudson Terrace) spoke. He stated that he has invested money into separating
the two properties and he wants to maintain the 3-foot buffer.
The Chair asked if Ed Mahoney had seen the proposal for the reduced stairway.
Ed Mahoney responded no.
The Chair asked if there were any other public comments.
Zoning Board of Appeals Meeting, September 19,200 i

3

�Since there were no other public comments, Jim Galgano made a motion to close the public
hearing. Miguel Jiminez seconded. It was unanimous.
The Chair asked for the Boards comments.
Jim Galgano stated that he had no objections to the application.
Peter Koffler asked why the entrance could not be placed in the rear.
Anthony Del Vecchio responded that a rear variance would be required.
Linda Moiron stated that with the proposed fence, the neighbors privacy should not be an issue.
The Chair stated that he would like to see alternatives.
Eliot Martonc stated that he is not convinced that other alternatives could not have been
developed.
This was adjourned for 5 minutes to try and resolve between the applicant and his neighbor.

c) John Oliva The public notice was read aloud.
The Chair stated that the following information had been received:
1) application
2) survey
John Oliva is the applicant and is representing this application. He stated his reasons for needing
the shed.
The Chair asked if his neighbor was at 7 Katrina Avenue (the next applicant).
John Oliva responded yes.
The Chair asked if the sheds are back to back
John Oliva responded no.
The Chair asked if the shed was free standing.
John Oliva responded yes.
Miguel Jiminez asked if a variance was needed since there is no foundation.
Jim Margotta responded yes.
John Oliva stated that the shed is 8' high.
Zoning Board of Appeals Meeting, September 19,2001

4

�The Chair asked if the shed could be placed on the other side of the property.
John Oliva responded that it was not possible.
The Chair opened the public hearing.
A man residing at 44 Gordon Ave spoke. He stated that he has no objections to the proposed
shed.
Since there were no other public comments, Miguel Jiminez made a motion'to close the public
hearing. Peter Koffler seconded. It was unanimous.
Miguel Jiminez made a motion to grant the variance with a limit of 8' tali shed. Eliot Martone
seconded. It was unanimous.

d) Antonio Rocha The public notice was read aloud.
The Chair stated that the following information had been received:
1) application
2) survey
Antonio Rocha is the applicant and is representing this application. He stated his reasons for
needing the shed.
The Chair asked if the shed was free standing.
Antonio Rocha responded yes.
The Chair asked if the shed could be placed on the other side of the property.
Antonio Rocha responded that it was not possible. He described the property and the reasons for
the proposed shed location.
The Chair opened the public hearing.
A man residing at 44 Gordon Ave spoke. He stated that he has no objections to the proposed
shed.
Since there were no other public comments, Miguel Jiminez made a motion to close the public
hearing. Peter Koffler seconded. It was unanimous.
Miguel Jiminez made a motion to grant the variance as submitted. Jim Galgano seconded. It
was unanimous.
Zoning Board of Appeals Meeting, September 19,2001

5

�e) Ttm £ Aiandia Murphy Tim Murphy is the applicant and is representing this application. He described the proposed
application to the Board. He stated that the deck would be used for recreation. The garage
would be used to alleviate parking. He described the current parking set-up.
The Chair asked if the applicant had been before the ARB.
Jim Margotta responded no.
The Chair asked if this property was non-conforming.
Tim Murphy responded yes.
The Chair asked if the structure would be closer to the side yard than it is currently.
Tim Murphy responded no. He stated that he does not want to change the structure of his home.
He stated that currently he is 6" from the side yard.
Since there were no questions from the Board, the Chair opened the public hearing.
Chris Cummings of Beliwood Ave spoke. He stated that he has no objections with the proposed
work. He stated that it is positive for the area especially the parking issues.
Since there were no other public comments, Miguel Jiminez made a motion to close the public
hearing. Peter Koffler seconded. It was unanimous.
The Chair stated that this is not a substantial variance and is in-line with the community.
Miguel Jiminez made a motion to approve the variance as submitted. Peter Koffler seconded. It
was unanimous.

fa) Anthony Dei Vecchio (continued) Howard Dean requested that this application be adjourned to the next meeting.
The Board agreed.
0 Minutes of June and July 2001 The minutes for June 2001 were reviewed.
Linda Moiron made a motion to approve the minutes as submitted. Jim Galgano seconded. It
was unanimous.
The minutes for July 2001 were reviewed. The following corrections were noted:
Zoning Board of Appeals Meeting, September 19,2001

6

�Agenda item d) Claire Lane should read Ciaire Lang.
Miguel Jiminez made a motion to approve the minutes as amended. Jim Galgano seconded,
was unanimous.
Eliot Martone made a motion to adjourn. Peter Koftler seconded. It was unanimous.
Adjourned at 9:54 p.m. to next meeting.
Respectfully Submitted,

wuf
Anthony DeiVecchio

Zoning Board of Appeals Meeting, September 19,2001

7

�Village of Sleepy Jiollow
%

Robert S. Stiloski
Director

Department of Fire &amp; Life Safety

Phone: 914-366Fax: 914-631-

ys/ew York
1874
More than a Legend

MEMORANDUM
TO:

Members of the Zoning Board of Appeals

FROM:

James T. Margotta

DATE:

July 19,2001

RE:

Cancellation of August Meeting

QfT&lt;)^

This shall confirm the cancellation of the August 2001 Zoning Board of Appeals meeting.
The next meeting will be held on Wednesday, September 19,2001.

Cc:

Angela Everett
Dwight Douglas

sgs

28 Beckman Avenue • Sleepy Hollow, New Yoik 10591

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                    <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD OF APPEALS MEETING
July 18,2001
The meeting was called to order by Robert Anello, Chairman at 8:01 p.m. The Chair noted that a
quorum was present.

Present:

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

Absent:

John Moribito

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Also Present: Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Anthony DelVecchio (Recording Secretary)
Jim Margotta (Building Inspector)
Bob Stiloski (Department of Fire and Life Safety)
Agenda:
a)
b)
c)
d)
e)
f)
g)
h)
i)

Monique Goldman
Kevin Sullivan
John Oliva
Claire Lane
Stephan Murphy
Charles Pateman
Glen &amp; Janice Rosenbloom
Anthony DelVecchio
Minutes of June 2001

Announcements:
None.
a) Monique Goldman This is a continuation from a previous meeting.
Mr. Goldman summarized the previous meeting. She submitted notarized letters from 7 individuals
that indicated that the property contained 5 dwelling units and a store. These documents were
submitted to the Board.
Jim Margotta stated that he visually verified that the property has 5 dwelling units and a store,

«,•». :

irf-i-h^rSMjeASSUSi^^^fe^S^WA^

0

�The Chair asked about the date of the newspaper article.
Mr. Goldman responded that the date of the article is around the date of sale indicated in the article
(1963).
The Chair stated that the Board had received the following documents:
1) Photos
2) Application
3) Letter from Monique Goldman to the ZBA.
4) Newspaper article.
5) Landlord registration for Housing Accommodation dated 1974.
6) Underwriters Certification.
7) Gross estate schedule dated 1975 that refers to the property as a 6 family
dwelling.
8) Legal services receipt indicating 6 family dwelling
9) Mortgage satisfaction letter dated 1973.
10) Affidavits. The Chair summarized all of the letters in detail.
The Chair asked if there was any other information for the Board.
Monique Goldman responded no.
The Chair asked if the store is currently used.
Mr. Goldman responded that it is currently vacant.
The Chair asked when was it last occupied.
Mr. Goldman responded 8 years ago but it is a commercial property.
The Chair stated that the only variance required is a variance for square footage. The Chair stated
that based on the Code for R5, 8000 square feet is clear. The Chair referred to Counsel concerning
the square footage for the store.
Ed Lammers responded that there is no requirement.
Miguel Jiminez asked about parking.
Jim Margotta responded that parking is adequate.
Mr. Goldman stated that since the property was purchased in 1963, it pre-dated the zoning code.
The Chair opened the public hearing.
Since there were no public comments, Miguel Jiminez made a motion to close the public hearing.
Eliot Martone seconded. It was unanimous.
The Chair stated that the non-conforming use for the store has elapsed since the store has not been
used for more than one year.
Ed Lammers stated that the only variance is needed is for the additional square footage.
Zoning Board of Appeals Meeting, July 18,2001

2

�The Chair stated that the store does not require a variance.
Peter Koffler questioned the addition of the store after the article was published.
Monique Goldman responded that when the building was purchased, the previous owners had a
grocery store on the first floor. She stated that her father converted it into a studio apartment.
Linda Moiron asked when was it converted.
Monique Goldman responded in 1963. She stated that in 1975, it was converted back to a store. It
remained a store until the early 1990's
There was an open discussion on the number of units.
The Chair explained the denial process to the applicant.
The Chair stated that it is a non-conforming use but it has not been used for one year.
Linda Moiron made a motion to approve the Certificate of Occupancy for 5 families. Eliot Martone
seconded. It was unanimous.
The Chair stated that the new owner could come before the Board and apply for a variance for the
store.

b) Kevin Sullivan The public notice was read aloud.
The Chair asked why the restriction was not 3-foot.
Jim Margotta responded that the applicant has two front yards. He stated that the fence is to be
installed in the rear yard.
Kevin Sullivan is the applicant and is representing the application. He explained the property and
the location of the proposed fence.
The Chair stated that this is a side yard and the fence should be 3-foot. The fence is to be installed
along Route 9.
Kevin Sullivan responded that many other houses have a 6-foot fence installed.
The Chair responded that he wants to make sure that the public notice is correct as per Village Code
section 62-12 for corner lots.
There was an open discussion on the accuracy of the public notice and the fence height with regards
to front yards.
The Board agreed to proceed.
Kevin Sullivan stated that he wants to replace the existing 5-foot fence with a 6-foot fence. He
Zoning Board of Appeals Meeting, July 18,2001

3

�detailed the property layout. He stated that the fence is needed for privacy and safety. He also
stated that 75% of the houses in the Manors that border Route 9 have 6-foot high fences.
The Chair asked if the Board had any questions.
Peter Koffler asked if the current post locations indicate where the fence will be installed.
Kevin Sullivan responded no.
The Chair opened the public hearing.
Jim Nazemetz from Harwood Ave spoke. He asked Bob Stiloski about the traffic safety regarding
the location of the fence.
Bob Stiloski responded that there are no problems where the fence is proposed.
Jim Nazemetz asked if the neighbors fence height where the two will meet.
Kevin Sullivan responded that the neighbor's fence is 5-foot.
Since there were no other public comments, the Chair adjourned the application to next meeting with
the applicant re-noticing the public with the correct public notice. The public hearing was left open.
c) John Oliva The public notice was read aloud.
Sam Vieira is the project architect and is representing the application. He detailed the current
configuration of the house.
The Chair asked if the driveway would be lowered.
Sam Vieira responded yes. He stated that retaining walls would be used. He detailed the new
driveway.
The Chair asked if the two off-street parking spaces would still be available in the new driveway.
Sam Vieira responded that the driveway would be the same. He also stated that the setbacks would
remain the same.
The Chair asked if the Board had any questions.
Since there were none, the Chair opened the public hearing.
A neighbor from 8 Katrina Ave spoke. He stated that he would like the neighbor to build in the rear.
He stated that he was concerned about his privacy and property value.
Since there were no other public comments, Linda Moiron made a motion to close the public
hearing. Miguel Jiminez seconded. It was unanimous.
Zoning Board of Appeals Meeting, Jury 18,2001

4

�The Chair stated that this is not an undesirable change to the neighborhood. He also stated that other
houses have shorter setbacks and will increase the value of the neighborhood.
Jim Galgano made a motion to approve the variance as submitted.
Miguel Jiminez asked about the maximum height allowed.
Jim Margotta responded that the maximum height is 35 foot and the property is 24 foot.
Peter Koffler asked about the setbacks of the neighboring properties.
John Oliva described his setbacks and the setbacks of neighboring properties.
Miguel Jiminez seconded. It was unanimous.
d) Claire Lane The public notice was read aloud.
David Eddy is representing this application with Claire Lane. He gave a description of the property.
He stated that it is listed as a 3-family with the Village building department.
He submitted several affidavits that indicated that his property was continuously used as a 5-family
residence. He also stated that the tax records vary.
The Chair read the affidavits for the record.
There was an open discussion as to the accuracy of the building records and the tax records.
Jim Margotta stated that many times the assessor would make changes and not tell the building
department.
The Chair asked if the Board had any questions.
Peter Koffler asked who lives in the basement.
David Eddy responded that Claire Lane lives there. He also stated that there are two apartments on
the 1st floor, one apartment on the 2nd floor and one apartment on the 3 rd floor.
There was an open discussion on the number of families on the property cards.
Jim Galgano produced the property card from the town of Mt. Pleasant that indicated that the
property was listed as a 5-family residence.
The Chair asked how far back did the town records go.
Jim Galgano responded 1964.
The Chair opened the public hearing.
Zoning Board of Appeals Meeting, July 18,2001

5

�Judith Washburn from 180 Washington Street spoke. She stated that she used to live at
49 Depeyster St. from 1983-1986. She stated that the property was a 5-family residence.
Since there were no other public comments, Jim Galgano made a motion to close the public hearing.
Miguel Jiminez seconded. It was unanimous.
Miguel Jiminez made a motion to approve the Certificate of Occupancy for 5 families. Jim Galgano
seconded. It was unanimous.
e) Stephan Murphy The public notice was read aloud.
Stephan Murphy is the applicant and is representing this application. He gave a brief overview of
the project. He stated that the variance required is for 2 lA feet.
The Chair asked if the side yard was the only area that was non-conforming.
Stephan Murphy responded yes.
The Chair opened the public hearing.
Since there were no public comments, Eliot Martone made a motion to close the public hearing. Jim
Galgano seconded. It was unanimous.
The Chair asked if the returns were received.
Jim Margotta responded yes.
Eliot Martone made a motion to approve the variance. Jim Galgano seconded. It was unanimous.
f) Charles Pateman The public notice was read aloud.
Charles Pateman is the applicant and is representing this application. He summarized a June 13,
2001 memo to the Board.
The Chair asked if the applicant had building plans for the Board to review.
Charles Pateman responded yes. He submitted them to the Board. He described the plans in detail.
The Chair asked if the zoning was C-2
Charles Pateman responded yes.
Zoning Board of Appeals Meeting, July 18,2001

6

�The Chair asked if the Board had any questions.
Since there were none, the Chair opened the public hearing.
Fred Hopie from Depeyster Street spoke. He stated that he owns the property next to this property.
He stated that the area is already densely populated and that parking would be a problem.
The Chair explained to the public about parking requirements.
Mrs. Hopie asked about the additional parking in addition to the underground spots.
Charles Pateman explained how 4 cars could park on the property.
The Chair stated that the applicant could build stores on this property if he wants. The Chair stated
that the applicant does not need a variance to build a commercial property since this property is in a
commercial zone. The Chair stated that the applicant is only before the Board because he wants to
make it a residential property.
The Chair asked if there were any other public comments. Since there were none, Jim Galgano
made a motion to close the public hearing. Miguel Jiminez seconded. It was unanimous.
Jim Galgano made a motion to approve the variance with the building footprint and parking as
submitted plus parking for 2 additional cars in driveway. Eliot Martone seconded. It was
unanimous.

g) Glen &amp; Janice Rosenbloom The public notice was read aloud.
Bill Klineman is representing this application. He stated that the applicant is proposing a 2-story
addition to the property. He detailed the proposed plans.
The Chair asked if the square footage of the deck adds to the coverage calculations.
Jim Margotta responded no because it is an open deck.
The Chair asked if the Board had any questions.
Since there were no comments, the Chair opened the public hearing.
There was no public comment. Jim Galgano made a motion to close the public hearing. Eliot
Martone seconded. It was unanimous.
Miguel Jiminez made a motion to approve the variance. Jim Galgano seconded. It was unanimous.
h) Anthony PelVecchio The public notice was read aloud.
Zoning Board of Appeals Meeting, July 18,2001

7

�The Chair read three letters from neighbors stating that they have no objections with the proposed
work.
Anthony DelVecchio is representing this application. He stated that the current configuration of his
house is awkward. The new walkway would properly separate the two apartments.
Anthony DelVecchio produced photos to further illustrate the location of the structure in relation to
his neighbors and the property.
The Chair asked why the entrance could not be built on the other side of the house.
Anthony DelVecchio responded that the structure would be very large and would add an additional
story to the entranceway. He produced drawings illustrating this.
The Chair opened the public hearing.
Ed Mahoney (45 Hudson Terrace) spoke. He stated that the proposed walkway is partially on his
property. He produced a survey to illustrate. He also stated that the walkway would infringe on his
privacy. He stated that he is against its construction. He also stated that there are two alternative
methods that are available to the applicant.
Anthony Cellante (40 Hudson Terrace) spoke. He stated that he is concerned about the safety of rerouting the entrance.
Since there were no other public comments, Jim Galgano made a motion to close the public hearing.
Miguel Jiminez seconded. It was unanimous.
The applicant requested that the application be adjourned to the next meeting so that alternatives
could be looked at.
This was adjourned to the next meeting.

i) Minutes of June 2001 The minutes will be reviewed at the next meeting.
Adjourned at 11:09 p.m. to next meeting.
Respectfully Submitted,
/

Cw-toiitf
Anthony Del Vecchio
Zoning Board of Appeals Meeting, July 18,2001

8

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                    <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD MEETING
June 20,2001
The meeting was called to order by Robert Anello, Chairman at 8:05 p.m.
Present:

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

Absent:

John Moribito

Also Present: Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Anthony DelVecchio (Recording Secretary)
Jim Margotta (Building Inspector)
Bob Stilotski (Fire Inspector)
Agenda:
a)
b)
c)
d)

DFG Clinton Realty, Inc.
Michael Flynn
Frank Occhipinti
Minutes of January and May 2001

16 Clinton Street
127 Harwood Ave.
16 Hudson Street

Announcements:
The Chair stated that Bob Stilotski would be representing the Department of Fire and Life Safety
at the monthly meetings instead of Jim Margotta.
a) DFG Clinton Realty, Inc. This application has been withdrawn.
b) Michael Flynn The public notice was read aloud.
The Chair asked if the returns were received.
Jim Margotta responded yes.
Michael Flynn is the applicant. He is representing this application with his architect, Javier
Alagarcara.
The Chair acknowledged receipt of the following items:
1) application dated 4/23/01

�2) Letter from Jim Margotta denying a building permit dated 4/27/01.
3) Plans dated 6/17/00.
Michael Flynn submitted photos of other garages in the area. He stated that there was a previous
garage on the property but it was destroyed before he purchased the house. He stated that he was
applying for a variance for aesthetics. All other properties in the Manors have garages in the rear
of the property. He stated that by requiring the 25' rear setback, it would greatly increase the
visibility of the garage. He also stated that the 25' rear setback would also greatly reduce his
backyard usage.
Michael Flynn referred to a covenant in his deed that calls for a garage to have a 100' front yard
setback. Without this variance, they would be in violation of the covenant.
The Chair asked if there were any financial reasons.
Michael Flynn responded that it would not be cost effective to relocate the garage under the
screened in porch.
The Chair asked why the applicant chose this location.
Michael Flynn responded that there is a 14" dogwood tree that would have to be removed.
Additionally, the oil tank is nearby and if it had to be removed it would be a very large job with
the garage in the way.
The Chair asked if the Board had any questions.
The Chair asked the applicant about the decrease in usable square footage with the proposed
driveway and garage locations.
Michael Flynn responded that the proposed location does not bother them.
Michael Flynn stated that he tried working with the neighbors on the aesthetic and drainage
issues.
Javier Alagarcara stated that there is a proposed dry well at the rear of the property to collect
excess runoff.
The Chair asked if there were any other concerns from the Board.
Jim Margotta responded that the height of the garage is 16' high. He stated that it could only be
15' high as per the Village Code.
Michael Flynn responded that he would comply with the Village Code.
The Chair opened the public hearing.
Paul Yannantuono from 146 Farrington Ave spoke. He is the applicants rear neighbor. He
stated that work would have a negative impact on his property value. He also stated that this
would be a visual nuisance to his family and the neighborhood. He also stated that behind a
garage is the least groomed area of a yard. Lastly, he stated that he was concerned about the
potential water runoff that would be created by this garage. He requested that the variance be
rejected and the zoning code be upheld.
Zoning Board Meeting, June 20,2001

2

�The Chair asked Paul Yannantuono if his garage was non-conforming when he bought his house.
Paul Yannantuono responded yes.
Eliot Martone stated that garages are usually back to back.
The Chair asked Paul Yannantuono if the garage was back to back with his garage, would it be
acceptable.
Paul Yannantuono responded that he was not sure.
Eliot Martone asked Paul Yannantuono if the 1-car garage was originally on Michael Flynn's
property when Paul Yannantuono purchased his house 19 years ago.
Paul Yannantuono responded no.
Mark Greenburg from 115 Farrington Ave spoke. He stated that the applicant is building storage
in addition to a two-car garage. He stated that he is opposed to the garage.
Since there was no further public comment, Linda Moiron made a motion to close the public
hearing. Eliot Martone seconded. It was unanimous.
Eliot Martone stated that it is a large project. He stated that he would like to see the size
reduced.
Jim Margotta stated that the size is within the Code.
The Chair stated that it is quite large. The Chair stated that the applicant could mitigate some of
the Boards concerns by reducing the size and moving the garage over.
Michael Flynn responded that the garage could be reduced from 25'x31' to become 23'x 23'.
This was accomplished by removing the proposed storage section.
The Chair stated that the garage should now have a 15' rear setback.
Michael Flynn stated that the reduction would come from the west sideyard.
The Chair stated that the garage offset is a concern of the Board.
Michael Flynn stated that he would like the Board to vote on the revised proposal now being a
reduced 23' x 23' garage with a 151 rear setback.
The Chair stated that the following restrictions are to be set.
1) 15'rear setback.
2) 15'height
3) 23'x 23'dimension with side setback 15' -4-1/2".
4) East wall not changing
5) 2-1/2' removed from west wall.
Miguel Jiminez made a motion to grant the variance with the mentioned changes. Peter Koffler
asked about the landscaping behind the garage.
The Chair added that the ARB must approve the rear of garage and landscaping with zero runoff.
Zoning Board Meeting, Jane 20,2001

3

�The Chair allowed Paul Yannantuono to speak although the public hearing is closed. He stated
that the gutters on the garage must be maintained to be effective. He also stated that he was
concerned that the landscaping behind the garage would not be maintained if the current owners
move.
Peter Koffler seconded the motion. It was unanimous.

c) Frank Occhipinti The Chair stated that this is a continuation of the 5/16/01 meeting.
The Chair noted that a court reporter is present for this application.
The Chair summarized all materials received by the Zoning Board to date.
Frank Occhipinti requested that his application be transferred to the Planning Board.
The Chair referred to Counsel.
Ed Lammers stated that the applicant is not applying for site plan approval.
Frank Occhipinti requested that his application be withdrawn.
Linda Moiron made a motion to accept Frank Occhipinti's request. Eliot Martone seconded. It
was unanimous.

d) Minutes The minutes from May 2001 were reviewed.
The following corrections were noted:
On page 1, change:
4) Letter from Frank Occhipinti to Jim Margotta dated 12/5/97."
To read:
4) Letter from Jim Margotta to Frank Occhipinti dated 12/5/97."
On page 2, change:
"He stated that the Village sold the property to David Star in lieu of dropping the lawsuit."
To read:
"He stated that the Village sold the property to David Star in connection with dropping the
lawsuit."
On page 3, change:
Zoning Board Meeting, Jane 20,2001

4

�"There was an open conversation on the total length of the curb cuts at 16 Hudson Street. It was
determined that both of the curb cuts exceed 25 feet in total length only.
The Chair referred to exhibit A. It was discussed that the curb cut is within 15 feet of Frank
Occhipinti's property with a commercial/industrial use."
To read:
"A discussion was held concerning the interpretation of the maximum length of the 25'
curb cut at 16 Hudson Street. It was determined that both of the curb cuts exceed 25 feet in
total length only.
The Chair referred to exhibit A. It was discussed whether the curb cut is within 15 feet of Frank
Occhipinti's property with a commercial/industrial use."
On page 3, delete:
" He stated that this does not apply."
On page 4, change:
"The Chair asked Sam Vieira why is the applicant converting down."
To read:
"The Chair asked Sam Vieira why is the applicant reducing the number of apartments."
Change Peter Koeffler to read Peter Koffler, throughout the entire meeting.
The Chair made a motion to approve the minutes with corrections. Peter Koffler seconded. It
was unanimous.
The minutes from January 2001 were reviewed.
Miguel Jiminez made a motion to approve the minutes as submitted. Linda Moiron
seconded. It was unanimous.
Adjourned at 9:20 p.m. to next meeting.

Respectfully Submitted,

Anthony DelVecchio
Zoning Board Meeting, June 20,2001

.;- --^'-J-.: "i »v^r --*.-•:: - - w ^ ^ ^ - ' - ^ f e i . ; ^ . - . - ^ ^ ^

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                    <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD MEETING
May 16, 2001
The meeting was called to order by Robert Anello, Chairman at 8:11 p.m.
Present:

Robert Anello, Chairman
James Galgano
Linda Moiron
Peter Koffler

Absent

Eliot Martone
John Moribito
Miguel Jiminez

* * * ,

Also Present: Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Anthony DelVecchio (Recording Secretary)
Jim Margotta (Building Inspector)
Agenda:
a)
b)
c)
d)
e)

Frank Occhipinti
Rafael Piscopiello
DFG Clinton Realty, Inc.
Monique Goldman
Minutes of January and March 2001

16 Hudson Street
69 College Ave.
16 Clinton Street
158 Beekman Avenue

Announcements:
None.
a) Frank Occhipinti The Chair noted that a court reporter is present for this application.
The public notice was read aloud.
The Chair stated that the public hearing would be held open for tonight.
The Chair stated that the Board had received the following items:
1) Application to ZBA dated 3/6/01.
2) Letter from Frank Occhipinti to Village of Sleepy Hollow dated 11/15/00.
3) Letter from Bob Stilotski to Frank Occhipinti dated 01/23/01.
4) Letter from Frank Occhipinti to Jim Margotta dated 12/5/97.
Frank Occhipinti stated that 16 Hudson Street is in violation of the Village Zoning Code
in the following areas: 62-8,9,10,14, 16,16.1,22, 22.1,27,28,29 and Schedule of
Regulatior&gt;s-Part I.

�The Chair stated that the Board had a survey of the property that was provided by the
Village. The Chair also stated that the Board was in receipt of a letter dated 05/15/01
from Jane Gould who is the attorney for David Star (the current owner of 16 Hudson
Street).
Frank Occhipinti summarized the application. He submitted the returns to the Village
Attorney at that time. He stated that he questioned the sale of 16 Hudson Street by the
Village to Mr. David Star.
The court stenographer swore in Frank Occhipinti.
The Chair asked Frank Occhipinti what were the violations in his opinion.
Frank Occhipinti described the properties involved. They are 20 Hudson Street, 16
Hudson Street and a vacant lot between the two properties. He also stated that the
properties are located in an R-4A district.
Frank Occhipinti read Section 62~9c aloud. He also read the ZBA minutes dated
02/20/75, which described the ZBA variances for 20 Hudson Street. They referred to
62-8b-7 and 62-8b-2, 3,and 4.
The Chair asked Frank Occhipinti if his property borders this property.
Frank Occhipinti responded yes.
Frank Occhipinti read a 07/16/99 letter from Jim Margotta to Caroline Minter (his
attorney).
The Chair asked Frank Occhipinti about his property.
Frank Occhipinti stated that he purchased it in 1988. He also stated that he applied for a
use-variance. He stated that the building on 20 Hudson Street was already there when he
purchased the property. He stated that there was a small piece of property between the
two properties that he thought was his. Later on, he discovered that the property was not
his. He also stated that the area has since been re-zoned from Manufacturing to
Residential.
Frank Occhipinti stated that he tried to buy the property. David Star sued him and the
Village. He stated that the Village sold the property to David Star in lieu of dropping the
lawsuit.
The Chair asked about the curb cuts on his property.
Frank Occhipinti stated that the previous owner installed the curb cut.
Frank Occhipinti referred to 62-22 of the Village Code. He went into detail on how
David Star currently violates both parts of this code section. He submitted photos to
substantiate his statements. They were marked as exhibits A and B.
Zoning Board Meeting, May 16,2001

2

�There was an open conversation on the total length of the curb cuts at 16 Hudson Street.
It was determined that both of the curb cuts exceed 25 feet in total length only.
The Chair referred to exhibit A. It was discussed that the curb cut is within 15 feet of
Frank Occhipinti's property with a commercial/industrial use.
Frank Occhipinti referred to 62-14c. He again stated that the sum exceeds 25 feet in total
only.
Frank Occhipinti stated that in an R-4A district a 3-foot sideyard setback and 12-foot
total setback are required. He stated that there is no side yard setback on one side.
The Chair responded that the vacant lot has no structure on it. He stated that this does not
apply.
Frank Occhipinti submitted a Sleepy Hollow Police Department blotter entry from
01/15/01. This was labeled exhibit C.
Frank Occhipinti submitted the 02/20/75 ZBA minutes. This was labeled exhibit D.
Frank Occhipinti submitted a 3-page letter dated 07/16/99 to Caroline Minter from Jim
Margotta. This was labeled exhibit E.
The Chair asked Frank Occhipinti if he used the vacant lot for parking.
Frank Occhipinti responded that his tenants used it.
The Chair opened the public hearing.
David Star (16 Hudson Street) spoke. He stated that his attorney would not be able to
attend tonight's meeting. He stated that he purchased the property when it was under a
Manufacturing zoning. He also stated that the property in question is in front of his
property not between 16 and 20 Hudson Street.
The survey of 20 Hudson Street was labeled Exhibit F. It was presented to David Star to
illustrate the property in question. David Star drew on the survey to show where the
property is located.
David Star stated that the ZBA should review the settlement from the lawsuit and that all
of these items were previously settled.
Jim Galgano made a motion to continue this item to next meeting. Peter Koeffler
seconded. It was unanimous.
b) Rafael Piscopiello The Public Notice was read aloud.
Zoning Board Meeting, May 16,2001

�Sam Vieira is the project architect and is representing this application. He stated that the
mailings were submitted to the Village.
The Chair acknowledged receipt of the following items:
1) Application dated 03/15/01
2) Plot Plan
The Chair asked Sam Vieira why is the applicant converting down.
Sam Vieira responded that this is being done as per the building department.
The Chair asked what was physically done.
Sam Vieira responded that the basement apartment was removed.
Jim Galgano asked what was the net change in bedrooms.
Sam Vieira responded that it is reduced from 7 to 6.
The Chair asked about the Certificate of Occupancy.
Sam Vieira responded that it is a 2-family.
The Chair asked if there are other variances for this property.
Sam Vieira responded no.
The Chair asked why couldn't 6 spaces be provided.
Sam Vieira responded that there is no maneuverability.
The Chair asked if the Board had any further questions.
Since there were none, the Chair opened the public hearing.
Since there was no public comments, Jim Galgano made a motion to close the public
hearing. Linda Moiron seconded. It was unanimous.
Jim Galgano made a motion to grant the variance. Linda Moiron seconded. It was
unanimous.

c) DFG Clinton Realty. Inc. The public notice was read aloud.
The Chair asked if the returns were received.
Jim Margotta responded yes.
The Chair acknowledged receipt of the following items:
1) Letter from Frank Moribito requesting a used car license.
Zoning Board Meeting, May 16,2001

4

�2) Letter from Jim Margotta denying the request.
3) Survey
4) Application
Richard Blancardo is the attorney representing the applicant. He stated that there is a
garage on the side of the building. The used car sales will be next to the garage. He
stated that cars would be sold by appointment only. He also stated that this property is
not typical of a used car dealership.
Frank Moribito stated that the garage is currently registered with NYS DMV. The used
car business requires a NYS license. NYS DMV would issue the license if the Village
approves.
Richard Blancardo stated that code section 62-20 has been met by the applicant (sale of
cars).
The Chair asked who is currently renting the space.
Frank Moribito responded that Empire Ambulance is the current tenant but they are
moving out. They are paying $2500/month. The new applicant will pay $!300/month.
The Chair asked where the hardship request comes in.
Richard Blancardo responded that the applicant purchased the property for $350,000
about 5 years ago. He provided detailed expenses along with some capital improvements
to the Board.
The Chair asked if this property has any other variances.
Richard Blancardo responded no.
Jim Margotta asked if there will be any body or fender work or if any spray painting will
be performed.
Frank Moribito responded no.
Since the Board had no further questions, the Chair opened the public hearing.
Elsie Moter from 10 Clinton Street spoke. She read a petition objecting to the approval
of this variance. Members of the neighborhood signed it.
Irene Alves spoke. Her mother lives across the street from the property. She objects to
the application. She stated that parking was her major concern.
Since there was no further public comments, Peter Koeffler made a motion to close the
public hearing. Jim Galgano seconded. It was unanimous.

Zoning Board Meeting, May 16, 2001

5

�Richard Blancardo stated that the garage would only have two ears at any time.
Additionally, the used car lot will only have 6 cars maximum. Based on the current
situation with the ambulance tenant, parking will be improved.
Frank Moribito stated that the garage would be used to repair trucks for his electrical
contractor business.
Peter Koeffler asked where will prospective buyers park.
Frank Moribito responded inside the garage.
Linda Moiron asked if the gate is closed.
Frank Moribito responded that it is open in the day and closed at night.
Peter Koeffler stated that there is no supporting documentation for financial hardship.
The Chair stated that the hardship is self-created.
Richard Blancardo stated that it could revert back to an auto-repair shop without any
variances. He also stated that the Board could place conditions on the variance.
The Chair responded that the variance was not submitted with limits.
Richard Blancardo responded that the applicant would submit supporting financial
documents. He also stated that provisions would be distributed to neighbors through Jim
Margotta.
Linda Moiron made a motion to continue this item next month. Peter Koeffler seconded.
It was unanimous.

d) Monique Goldman The public notice was read aloud.
The Chair acknowledged the receipt of the following items:
1) application
2) Letter indicating an article from 1963.
3) Returns
4) Letter from Jim Margotta denying the Certificate of
Occupancy.
Monique Goldman is the applicant. She stated that her father purchased the house in
1963. She stated that her parents have recently passed on and this is delaying the sale of
the property to close her mother's estate.
The Chair asked about on-site parking.
Monique Goldman responded that the property could accommodate 12 cars.
Mr. Goldman stated that the property has 7 electric meters ands 6 gas meters.
Zoning Board Meeting, May 16,2001

6

�Since the Board had no further questions, the Chair opened the public hearing.
Caesar Ovagia from 159 Beekman Ave spoke. He was concerned about the parking
situation.
Jim Galgano responded that the application does not include or require a parking
variance.
The Chair asked if the building was rent stabilized.
Mr. Goldman responded no.
The Chair stated that it should fail under rent stabilization.
Charles Zieger from 151 Depeyster Street spoke. He spoke against approving the
variance. He stated that he is familiar with the property and 6 families do not live there.
The Chair read the 1963 article for the record.
The Chair asked if the parking requirements would be met.
Jim Margotta responded yes.
Charles Zieger stated that they have 6000 square feet and they need 8000 square feet to
accommodate 6 families.
Peter Koeffler responded that it pre-dates the Zoning code.
Sue McCarthy from 2 Andrews Lane spoke. She inquired about, the additional 200
square feet needed to make this a legitimate apartment. She also stated that the tenants
do not park on the property, they park on the street.
The Chair asked the public about any knowledge on the number of units.
Charles Zieger stated that as long as he could remember, there were 5 apartments and the
store was a converted apartment.
Since there was no other public comment, Peter Koeffler made a motion to close the
public hearing. Jim Galgano seconded. It was unanimous.
The Chair stated that the article indicates 5 apartments only.
Jim Galgano made a motion to approve the 6-family Certificate of Occupancy.
Peter Koeffler asked about the start of the Zoning Code.
Ed Lammers responded 1964.
The Chair told the applicant to provide proof (affidavits, etc) of a 6-family residence
prior to 1964.

Zoning Board Meeting, May 16,2001

7

�Linda Moiron made a motion to adjourn to next month. Peter Koeffler seconded. It was
unanimous.

e) Minutes The minutesfromJanuary 2001 were reviewed. They will be reviewed at the next
meeting.
The minutes from March 2001 were reviewed.
The following corrections were noted:
On page 1 change 'The meeting was called to order by Peter Koffler, Acting Chairman at
8:10 p.m."
To read" The meeting was called to order by Robert Anello, Chairman at 8:10 p.m."
Linda Moiron made a motion to approve the minutes with corrections. Jim Galgano
seconded. It was unanimous (4-0).
Adjourned at 11:04 p.m. to next meeting.
Respectfully Submitted,

Anthony DelVecchio

Zoning Board Meeting, May 16,2001

8

�APR 18 '01 1?:34 FR 0

8569494 TO 19146315880

P.01

Morvillo, Abramowitz, Grand,
lason &amp; Silberberg, P.C.
565 Fifth Avenue
New York, New York 10017
Tel. No: (212) 856-9600
Fax No: (212) 856-9494

C

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Date:
To:
Company:
Fax#:
Voice Number:
From:
Client*;
Pages;

R

FAX

T
April 18, 2001
Mr. Jim Margotta
Village of Sleepy Hollow
914-631-5880
212-880-9520
Robert J. Anello, Esq.
1000
1, including this cover sheet

COMMENTS:
Mr. Margotta:
I am out of town today. I would appreciate if you could cancel the Zoning Board
meeting this evening. Please schedule another meeting for next month.
Thank you.

(DICTATED BUT NOT READ]

The Information contained in this facsimSa message b attorney privileged and confidential inhumation intended only for the use of the
individual or entity named above. K the reader of this message is not the intended recipient, or the employee or agent responsible to deliver
it to the intended recipient, you are hereby notified that any dosemirtation, distribution or copying of this eooimuraearjon is strictly
prohibited. If you have received this communication in error, please JntmedoKety notify us by telephone, and return the originel message to
us at the above address via the U.S. Postal Service. Receipt by anyone other than the individual recipient is not a waiver of any attorney'
diem privilege. Thank You.

.'^^&amp;;l»:fe.Cfc»-.f-t.i^ , «l:*,,

* * TOTAL PAGE. 01 * *
-^5SfeaSSs«»iKSSjK£afei!^^SsJ4^^^^

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                    <text>RECEIVED

VILLAGE OF SLEEPY HOLLOW
ZONING BOARD MEETING
March 21, 2001

APP 1 9 ?nni
VILLAGE CLERK

The meeting was called to order by Peter Koffler, Acting Chairman at 8:10 p.m
Present:

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

Absent:

John Moribito
Miguel Jiminez

Also Present: Ed Lamrhers (Murphy, Stecich &amp; Powell/Village Attorney)
Anthony DelVecchio (Recording Secretary)
Jim Margotta (Building Inspector)
Agenda:
a)
b)
c)
d)
e)

Mr. &amp; Mrs. David Warren
Loren Fox &amp; John Baran
Paul O'Donohue
Minutes of January and February 2001
Election

217 Highland Ave.
260 Millard Ave.
151 Palmer Ave.

Announcements:
None.
a) Mr. &amp; Mrs. David Warren This is a request for an area variance.
The Chairman asked if the returns were received.
Jim Margotta responded yes.
The Chairman read the public notice aloud.
The Chair acknowledged that the Board had received the following:
1) Proposed site plan
2) Application
3) Building Inspector letter denying the building permit.
David Warren gave an overview of the proposed project. He stated that their cars are
constantly damagedfromneighboring trees.

V ^ l ' --&amp;E- =- - ^s

1- *' &gt;

"^E^*^Us«S^fieJ^4ffi^^S^fes^^l5s«

�Mrs. Warren stated that the proposed car port location is the same spot where their cars
are currently parked. She also stated that it is the only place on the property where they
can park their cars.
Mrs. Warren spoke in detail about the easement and how the carport will not impact it.
The Chair asked if any neighbors objected to this work.
Mrs. Warren stated that they spoke to the three immediate neighbors and they had no
problem with the proposed work.
The Chair opened the public hearing.
Since there was no response, Eliot Martone made a motion to close the public hearing.
Peter Koeffler seconded. It was unanimous.
The Chair stated that the screen porch is an extension of the non-conforming use.
Jim Galgano made a motion to approve. Eliot Martone seconded. It was unanimous.
b) Loren Fox &amp; John Baran The Chairman asked if the returns were received.
Jim Margotta responded yes.
The Chairman read the public notice aloud.
Sean McCarthy is the project architect. He is representing this application.
The Chair asked if Architectural Review Board approval is required.
Sean McCarthy responded yes.
Sean McCarthy summarized the proposed application.
He stated that:
1) The rear yard setbacks variance was needed due to the existing non-conformity of the
property. The 2nd floor extension will extend over the garage and that is the reason
why the variance is needed.
2) The 2nd variance for the coverage. This is currently a non-conforming property. The
net increase is only 165 square feet since the greenhouses in the rear of the property
will be removed.
3) The combined setbacks require a variance also. It is really needed on one side due to
the non-conformity of the property.
Sean McCarthy spoke about the current garage set-up and its non-practical use.

Zoning Board Meeting, March 21,2001

2

�The Chair asked what was the front yard setback.
Sean McCarthy responded 41 feet with the additional work.
The Chair asked about the rear yard setback to the garage.
Sean McCarthy responded that is it 20.3 feet and it will remain unchanged.
Sean McCarthy stated that the current roof configuration prevents any the owner from
building upwards.
The Chair acknowledged
1)
2)
3)
4)

that the Board had received the following:
Building Plans
Application
Short EAF submitted by the applicant.
Letter from the applicant on 3/8/01 stating that they will not be
able to attend the ZBA meeting.

The Chair opened the public hearing.
Since there was no response, Eliot Martone made a motion to close the public hearing.
Jim Galgano seconded. It was unanimous.
The Chair asked the Board if there were any other comments. There were none.
The Chair stated that building outward would be better than building upwards due to
possible conflicts with neighbors.
The Chair stated that this is subject to Architectural Review Board approval.
Linda Moiron made a motion to approve. Jim Galgano seconded. It was unanimous.
c) Paul O'Donohue This is a request for an area variance.
The Chairman read the public notice aloud.
The Chair acknowledged that the Board had received the following:
1) Building Plans
2) Application
3) Building Inspector letter denying the building permit.
The Chair stated that he wants to add a front porch and the exterior wall will be moved 4
feet. The front yard setback is currently at 30 feet and the project will move it out 4 feet.
The requirement is 30 feet.
Zoning Board Meeting, March 21,2001

3

�Paul O'Donohue submitted letter signed by 4 immediate neighbors giving their approval.
The Chair read them for the record.
The Chair opened the public hearing.
Since there was no response, Linda Moiron made a motion to close the public hearing.
Jim Galgano seconded. It was unanimous.
The Chair asked the applicant if this had gone before the Architectural Review Board.
Paul O'Donohue responded that it had been before the Architectural Review Board and
they approved the application.
The Chair asked the Board if there were any other comments. There were none.
Jim Galgano made a motion to approve. Linda Moiron seconded. It was unanimous.
d) Minutes The minutes from January 2001 were reviewed. They will be reviewed at the next
meeting.
•

The minutes from February 2001 were reviewed. Peter Koeffler made a motion to
approve the minutes as submitted. Jim Galgano seconded. It was unanimous. (4-0
Anello abstained.)
e) Election Jim Galgano nominated Robert Anello as Chairman. Linda Moiron seconded. It was
unanimous (4-0).
Adjourned at 8:53 p.m. to next meeting.
Respectfully Submitted,

Anthony DelVecchio

Zoning Board Meeting, March 21,2001

4

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                    <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD MEETING
February 21, 2001
The meeting was called to order by Peter Kofiler, Acting Chairman at 8:10 p.m.
Present:

James Galgano
Linda Moiron
John Moribito
Peter Koffler
Miguel Jiminez

Absent:

Robert Anello, Chairman
Eliot Martone

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

15 Irving Place

Announcements:
None.
a) Jose Gonzalez The Chairman asked if the returns were received.
Jim Margotta responded yes.
The Chairman read the public notice aloud.
The Chair acknowledged
1)
2)
3)
4)

that the Board had received the following:
Proposed site plan
Application
Building Inspector letter denying the building permit.
Short EAF

John Tumquist is the project architect. He summarized the proposed project. He detailed
the changes to the living room, dining room and kitchen areas.
Jose Gonzalez spoke. He stated that the house is currently not large enough to
accommodate his family.
The Chair opened the public hearing.

�Since there was no response, John Moribito made a motion to close the public hearing.
Jim Galgano seconded. It was unanimous.
The Chair asked if there are any current variances on this property.
John Turnquist responded that the lot is non-conforming.
John Moribito stated that he has no objections with the application.
Linda Moiron asked if any additional parking was required due to the additions.
Jim Margotta responded not for a 2-family dwelling.
John Moribito made a motion to approve. Jim Galgano seconded. It was unanimous.
Other Topics:
The minutes from the November 2000 were reviewed and unanimously approved as
submitted.
The minutes from January 2001 were not available. They will be reviewed at the next
meeting.
John Moribito made a motion to adjourn. Miguel Jiminez seconded. It was unanimous.
Adjourned at 8:20 p.m. to next meeting.
Respectfully Submitted,

Anthony DelVecchio

Zoning Board Meeting, February 21,2001

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                    <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD MEETING
January 17,2001
The meeting was called to order by Robert Anello, Chairman at 8:04 p.m.
Present:

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

RECEIVED
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VILLAGE CLERK

Absent:

None

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

fr

Agenda:
a) William &amp; Elisa Weber
b) George Samaras
c) Rodrigues Enterprises

215 Farrington Avenue
175 Valley Street
183 Valley Street

Announcements:
None.
a) William &amp; Elisa Weber This is an application for an area variance.
The public notice was read aloud.
The Chair asked if the returns were received for this application.
The applicant submitted the returns to the Recording Secretary.
The Chair acknowledged that the Board had received the following:
1) Site plan
2) Application
3) Building Inspector letter denying the building permit.
Bill Klineman is the project architect and is representing this application. He stated that a
variance of 1.1 feet is required. He summarized the dimensions of the new portico.
The Chair opened the public hearing.

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�Jerry Riley stated that he lives next door to the applicant and has no objections in regards
to the variance.
The Chair asked if any other member of the public wanted to speak on this application.
Since there was no response, Eliot Martone made a motion to close the public hearing.
Peter Koffler seconded. It was unanimous.
John Moribito made a motion to approve. Jim Galgano seconded. It was unanimous.

b) George SamarasThis is an application for a parking variance.
The public notice was read aloud.
The Chair asked if the returns were received for this application.
The applicant stated that the returns were submitted to the building inspector.
The Chair acknowledged that the Board had received the following:
1) Application
2) Short EAF.
Ron Turnquist is the project architect and is representing this application. He
summarized the application. He stated that the existing building has 4-2 bedroom units.
They need 2 spaces each for a total of 8 spaces.
The Chair asked if there is existing parking for the building.
Ron Turnquist responded no.
The Chair asked if there are current parking variances
Ron Turnquist responded that there is a current variance for two spaces.
The Chair asked how many spaces were needed before the deli was built.
Ron Turnquist responded that he did not know.
Eliot Martone asked if there were any variances for the deli.
George Samaras responded no.
There was an open discussion on the use of the property as a restaurant or deli.
Ed Lammers stated that there is nothing in the code on the deli/restaurant issue. The only
issue is for parking.
WJ

Zoning Board Meeting, January 17,2001

2

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There was an open discussion on the parking requirement for a restaurant and deli as per
Code section 62-14.
Jim Galgano asked if there were any chairs in the deli now.
George Samaras stated that there are 10 chairs and a counter.
Jim Galgano asked when the restaurant would be closed.
George Samaras responded 8pm.
Jim Galgano asked if there are any waiters and waitresses.
George Samaras responded no.
The Chair opened the public hearing.
Since there was no public comment, John Moribito made a motion to close the public
hearing. Miguel Jiminez seconded. It was unanimous.
Miguel Jiminez made a motion to grant the variance. John Moribito seconded.
Eliot Martone asked if there are any current parking problems.
George Samaras responded no.

^^

The motion was unanimously approved.
3^ Rodrigues Enterprises The Public Notice was read aloud.
Ron Turnquist summarized the application. He discussed a previous project for an
adjacent property (185 Valley Street) that is also owned by the applicant. He further
discussed the parking for 185 Valley Street that would be provided at 183 Valley Street.
Ron Turnquist stated that signs would be posted for each area which would indicate that
parking is for residents only.
The Chair asked about the heights of the adjacent buildings.
Ron Turnquist responded that they are the same.
Ron Turnquist stated that the parking spaces are 16' long and 12' wide. The Code stated
that the spaces must be 180 SF and these spaces provide 192 SF.
Eliot Martone asked if the parking at 185 Valley Street was ever tied into the parking at
183 Valley Street before.
Ron Turnquist responded no.

#

Zoning Board Meeting, January 17,2001

�The Chair opened the public hearing.
George Samaras stated that he agrees with the project and with the proposed parking
plan.
Since there was no further public comments, John Moribito made a motion to close the
public hearing. Miguel Jiminez seconded. It was unanimous.
The Chair stated that 185 Valley Street parking would have to be tied into the deed of
183 Valley Street. The language must be satisfactory to the Village Attorney.
John Moribito made a motion to grant the variance with 12' wide spaces. Also 8 spaces
are to be dedicated to 185 Valley Street. Miguel Jiminez seconded. It was unanimous.

Other Topics:
The minutes from the November 2000 will be reviewed at the next meeting
Eliot Martone made a motion to adjourn. Peter Koffler seconded. It was unanimous.
Adjourned at 9:08 p.m. to next meeting.

Respectfully Submitted,

Anthony DelVecchio

Zoning Board Meeting, January 17,2001

4

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