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                    <text>Village of Sleepy Hollow
Zoning Board Meeting - APPROVED
January 15, 2 0 1 4
Peter Koffler, Chairman, called the meeting to order at 8:00pm. The Chair noted that a
quorum was present.
Present:

Peter Koffler, Chairman
Timothy Judge
Timothy Church
Sherry Bishko
Michael Wernick

Absent:

Vishal Brown
Maria Gorete-Crowe
Janet Gandolfo (Village Attorney)

Also Present:

Sean McCarthy (Village of Sleepy Hollow/Building Department)
Mary Gerlanc (Recording Secretary)

Agenda:
1) The Salvation Army
of Greater New York
2) Approval of Minutes
Announcements -

8 6 - 9 6 Valley Street

Requested extension
December 18, 2 0 1 3

There were no announcements

2) The Salvation Army
of Greater New York

8 6 - 9 6 Valley Street

Requested extension

The Chair read the public notice into the record. He stated the Board had received the
following documents:
• A copy of the application
• A letter from the Westchester County Planning Board
Sean McCarthy confirmed that the returns had been received.
William Null, attorney from Cuddy and Feder represented this application. Mr. Null stated
the Salvation Army had received site plan approval in April 2013 and have spent the
ensuing time developing plans for bids. They hope to start the project in the fall. Mr. Null
stated there were no new projects of any significance or new changes to the original
application. He requested an extension of the approval for this project for another year.

�Discussion ensued about the procedure for granting the extension.
The Chair asked if the delays in the project were in the ordinary course of development.
Mr. Null agreed and stated they also had to get site plan approval from Tarrytown's
Planning Board since the property is in two jurisdictions. They could not get full
construction drawings until all approvals had been received. He stated nothing had
changed on the project.
Timothy Judge asked if all the construction packages had been sent out for bid.
Mr. Null said yes. Mr. Judge asked when the clock had started on this project. Sean
McCarthy stated the Board had not signed the resolution until June 2013.
Motion to open the public hearing:
Moved: Koffler
Seconded: Judge
Absent: Brown, Gorete-Crowe

Vote: 5-0

There were no comments from the public.
Motion to close the public hearing:
Moved: Koffler
Seconded: Wernick
Absent: Brown, Gorete-Crowe

Vote: 5-0

The Chair stated there was no change in fact or circumstance to affect the decision on this
application.
Motion to approve the application as submitted for the extension:
Moved: Koffler
Seconded: Church
Absent: Brown, Gorete-Crowe
2) Approval ofMinutes

Vote: 5-0

December 18, 2 0 1 3

Sherry Bishko asked Sean McCarthy to review the conditions for the variance at 135
Beekman Avenue. Mr. McCarthy stated the condition described in the minutes was
accurate.
Motion to approve the minutes of December 18, 2013:
Moved: Judge
Seconded: Bishko
Abstain: Koffler
Absent: Brown, Gorete-Crowe

Vote: 4-1-0

Motion to adjourn the meeting:
Moved: Koffler
Absent: Brown, Gorete-Crowe

Vote: 5-0

Seconded: Church

The meeting was adjourned at 8:14pm
Planning Board Meeting, January 16, 2 0 1 4 - APPROVED

2

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                    <text>Village of Sleepy Hollow
Zoning Board Meeting - APPROVED
February 19, 2 0 1 4
Peter Koffler, Chairman, called the meeting to order at 8:05pm. The Chair noted that a
quorum was present.
Present:

Peter Koffler, Chairman
Timothy Judge
Timothy Church
Vishal Brown
Maria Gorete-Crowe

Absent:

Michael Wernick
Sherry Bishko

Also Present:

Sean McCarthy (Village of Sleepy Hollow/Building Department)
Janet Gandolfo (Village Attorney)
Mary Gerlanc (Recording Secretary)

Agenda:
1) Mario M. Hernandez
2) Approval of Minutes

19 Barnhart Avenue

New application
January 15, 2 0 1 4

19 Barnhart Avenue

New application

Announcements 1) Mario M. Hernandez

The Chair read the public notice into the record.
The Chair stated the Board had received the following documents:
• Zoning Board application and site plan
• Survey of property
The chair confirmed with Mr. McCarthy that the returns were received.
Sam Vieira, architect and Mario Hernandez, owner, represented this application.
Mr. Vieira stated the proposed project is an addition to an existing two-story house and a
rear deck. Mr. Vieira distributed photographs to the Board of the rear of the current house
and property.

�The applicant would like to extend the second floor over the rear of the existing first floor,
flat roof section. The house is in a non-conforming location on a non-conforming lot, which
requires the variance. Also, part of the proposal is to build an open, wood deck at the rear
of the property, accessed off the first floor, which is approximately 8 feet above the ground.
Mr. Vieira stated this is the second house in a group of eight or nine homes that were
developed and have this close proximity to each other. The homes used to be rentals on
one lot and at one point; there was a subdivision process that created lot lines between the
homes. Mr. Vieira stated that in many cases, the lots were not split equally. Mr. Hernandez
lot has more property on the south side than on the north side.
Mr. Vieira stated this is a small house and with the addition, they are trying to achieve a
home that has three reasonably sized bedrooms and two full bathrooms. They also would
like to open up and modernize the first floor and then eventually finish the basement
because it is a walk out.
Maria Gorete-Crowe asked if this was a single-family home. Mr. Vieira replied it was and
would remain a single-family home.
The Chair asked about the increase in the square footage of the home. Mr. Vieira stated the
square footage was 2,028 at present with the basement and the addition would make it
2,300 square feet.
Timothy Judge asked if the basement was considered livable space. Mr. Vieira stated it was.
Mr. Vieira stated the house would have a full sprinkler system installed during the
renovation because of its' close proximity to the other houses.
The Chair asked if the rear of the other homes extends as far as the new addition to this
home. Mr. Vieira stated other homes in this area have had similar renovations.
Timothy Judge asked about parking for this home. Mr. Vieira stated there was an easement
for a shared parking lot in the rear.
Mr. Judge asked if the deck extension would affect either the parking or the
maneuverability of the cars in the lot. Mr. Vieira stated they would still have 76 feet
available to maneuver and park cars in the rear lot.
The Chair asked the dimensions of the deck. Mr. Vieira stated it was 12 feet wide by 10 feet
deep off the house. Since the walls are fire rated, they can't build closer than five feet to the
property line with a wood structure. That determined how far they could build the deck to
the north and the stairs to the south have to be built out of steel so they are noncombustible.
The Chair asked about the width of the sliding doors. Mr. Vieira stated it was a six-foot
door.
Planning Board Meeting, January 16, 2 0 1 4 - APPROVED

2

�Motion to open the public hearing:
Moved: Koffler
Seconded: Judge
Absent: Wernick, Bishko

Vote: 5-0

There were no comments from the public.
Motion to close the public hearing:
Moved: Koffler
Seconded: Gorete-Crowe
Absent: Wernick, Bishko

Vote: 5-0

The Chair stated this addition does not seem out of character with the neighborhood and is
not a substantial variance application. It is an existing non-conformity and should have no
adverse impact on the character or the environment.
Motion to approve the application as submitted:
Moved: Koffler
Seconded: Judge
Absent: Wernick, Bishko
2) Approval ofMinutes

Vote: 5-0

January 15, 2 0 1 4

The vote on the minutes was adjourned until the March meeting because there were not
enough Board members present from the last meeting for a quorum to vote.
Motion to adjourn the meeting:
Moved: Koffler
Absent: Wernick, Bishko

Seconded: Judge

Vote: 5-0

The meeting was adjourned at 8:21pm.

Planning Board Meeting, January 16, 2 0 1 4 - APPROVED

2

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                    <text>Village of Sleepy Hollow
Zoning Board Meeting
May 21, 2014
Chairman Peter Koffler called the meeting to order at 8:04pm.
Present:

Peter Koffler, Chairman
Timothy Judge
Timothy Church
Vishal Brown
Maria Gorete-Crowe
Sherry Bishko

Absent:

Michael Wernick

Also Present:

Sean McCarthy (Village Architect)
Janet Gandolfo (Village Attorney)
Anthony Giaccio (Recording Secretary)

Agenda :
1)
2)
3)
4)

Rock of Salvation Church, 131 -135 Cortlandt Street - Public Hearing
Maria Quinde, 30 Barnhart Avenue - Public Hearing
Gary &amp; Michelle McClean, 404 Old Broadway - Public Hearing
Open Door Family Medical, 1 New Broadway - Public Hearing

Announcements - None
Chairman Koffler moved the Open Door application to the top of the agenda
1) Open Door Family Medical, 1 New Broadway - Public Hearing on a Temporary
Permit Parking Use.
Chairman Koffler read the public notice into the record and stated that the Board had received
the following documents:
•
•
•
•
•

Minutes of the Zoning Board meeting dated February 27, 2013
Temporary Use Permit dated June 3, 2013
Letter from Adam Wekstein dated April 24, 2014
Letter from Adam Wekstein dated April 30,2014
Zoning Board Application dated April 30, 2014

Chairman Koffler confirmed with Mr. McCarthy that the returns were received.
The applicant's attorney Adam Wekstein made a presentation and explained that Open Door
currently has an existing temporary parking permit at 1 New Broadway for a mobile dental
clinic, which will expire in June. Open Door would like to renew the permit for one year.

�Motion to open the public hearing was made by Chairman Koffler :
Moved: Koffler.
Seconded: Judge
Absent: Wernick

Vote: 6-0

There were no comments from the public.
Motion to close the public hearing:
Moved: Koffler.
Absent: Wernick

Seconded: Judge

Vote: 6-0

Chairman Koffler noted that there have been no issues or complaints related to the current
temporary parking permit.
Motion to approve the application as submitted
Moved: Koffler.
Seconded: Judge
Absent: Wernick

Vote: 6-0
APPROVED

2) Rock of Salvation Church, 131 -135 Cortlandt Street - Public Hearing to Construct a
New Parking Lot.
Chairman Koffler read the public notice into the record and stated that the Board had received
the following documents:
• Planning Board Application dated November 19, 2013
• Zoning Board Application dated February 20, 2014
• Letter from Marisel Struck dated April 15, 2014
Chairman Koffler confirmed with Mr. McCarthy that the returns were received.
The applicant's Architect Jorge Hernandez made a presentation on a proposal to construct a
parking lot at 131 - 135 Cortlandt Street.
Mr. Judge asked if there was an existing retaining wall. Mr. McCarthy responded by saying that
it was insignificant.
Ms. Gorete-Crowe asked if parking spaces were lost. Mr. McCarthy responded by saying no.
Mr. Brown asked what the purpose was for having a buffer. Mr. McCarthy responded by saying
to separate the commercial from residential areas.
Mr. Judge asked how often was the lot was used. Mr. McCarthy responded by saying often
Chairman Koffler asked if the lot on Clinton Street would still be used. Mr. McCarthy
responded by saying yes.
Mr. Church asked about the nature of the buffer. Discussion ensued

�Motion to open the public hearing:
Moved: Koffler.
Absent: Wernick

Seconded: Church

Vote: 6-0

There were no comments from the public.
Motion to close the public hearing:
Moved: Koffler.
Absent: Wernick

Seconded: Church

Vote: 6-0

Chairman Koffler said that additional parking is needed in the Cortlandt Street area and that this
project increases parking without any adverse affect on the neighborhood.
Motion to approve the application as submitted
Moved: Koffler.
Seconded: Judge
Absent: Wernick

Vote: 6-0
APPROVED

3) Maria Quinde, 30 Barnhart Avenue - Public Hearing to Convert a Basement to a
Habitable Space
Chairman Koffler read the public notice into the record and stated that the Board had received
the following documents:
• Zoning Board Application dated March 25, 2014
Chairman Koffler confirmed with Mr. McCarthy that the returns were received.
The applicant's Architect William Simeoforides made a presentation on a plan to convert a
basement to a habitable space at 30 Barnhart Avenue.
Chairman Koffler noted that this project required both an area and use variance. He also
questioned whether or not Mr. Simeoforides has satisfied the variance requirements including
financial hardship, which requires documentation.
Ms. Gorete-Crowe is concerned that the space will be rented.
Chairman Koffler asked if this project was intended to convert a one family house to a two
family house. Mr. Simeoforides responded by saying it will stay a one family house with the
basement used for a bedroom/recreation room.
Mr. Judge asked about the ceiling height. Mr. McCarthy said it must be at least 6ft.8in. high per
the fire code.
Mr. McCarthy said that the space has had a history of violations including an illegal apartment,
which prompted this application.

�Mr. Church asked how many kitchens were in the entire house. Mr. Simeoforides responded by
saying one.
There was a discussion about the difference between a basement and a cellar.
Motion to open the public hearing:
Moved: Koffler.
Absent: Wernick

Seconded: Bishko

Vote: 6-0

There were no comments from the public.
Motion to close the public hearing:
Moved: Koffler.
Absent: Wernick

Seconded: Brown

Vote: 6-0

Chairman Koffler said that the applicant has not provided sufficient evidence to address whether
the variance criteria were satisfied.
Mr. Simeoforides requested an adjournment.
Motion to adjourn
Moved: Koffler.
Absent: Wernick

Seconded: Church

Vote: 6-0
ADJOURNED

4) Gary &amp; Michelle McClean, 404 Old Broadway - Public Hearing to Convert a Retail
Space to a Delicatessen
Chairman Koffler read the public notice into the record and stated that the Board had received
the following documents:
• Planning Board Application dated March 19, 2014
• Zoning Board Application dated March 28, 2014
Chairman Koffler confirmed with Mr. McCarthy that the returns were received.
The applicant's architect Jorge Hernandez made a presentation and explained that in order to
convert the retail space and to a delicatessen, a variance for 6 parking spaces is required.
There was a discussion about whether or not any business at this location could comply with the
zoning code with regards to parking.
The applicant Gary McClean spoke and said that he has explored several other businesses, but
for various reasons they did not work out. Mr. McClean said that he was willing to donate a
picnic area to the Village. Ms. Gandolfo replied by saying this request would have to be
approved by the Village Board.

�Motion to open the public hearing:
Moved: Koffler.
Absent: Wernick

Seconded: Gorete-Crowe

Vote: 6-0

Anthony Landi spoke and said that parking for residents and businesses in that area is
inadequate. He said that the parking situation needs to be addressed by the Village Board
possibly by putting in parking meters. Ms. Gandolfo suggested that this be discussed at a Village
Board work session.
Wayne Jeffers said that parking is always a problem and that the parking variance required for a
delicatessen is too large.
Motion to close the public hearing:
Moved: Koffler.
Absent: Wernick

Seconded: Judge

Vote: 6-0

Mr. Judge said that the entire area should be examined.
Chairman Koffler requested that the applicant provide parking data of the area.
Village Attorney, Janet Gandolfo said that the notice was deficient because it did not mention
that the size of the proposed parking spaces are reduced and that there is no loading zone.
The applicant requested an adjournment.
Motion to adjourn
Moved: Koffler.
Absent: Wernick

Seconded: Judge

Vote: 6-0
ADJOURNED

Seconded: Bishko

Vote: 6-0

Motion to adjourn the meeting
Moved: Koffler.
Absent: Wernick

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                    <text>Village of Sleepy Hollow
Zoning Board Meeting
June 18,2014
Acting Chairman Timothy Judge called the meeting to order at 8:00pm.
Present:

Timothy Judge
Timothy Church
Sherry Bishko
Michael Wernick

Absent:

Peter Koffler
Vishal Brown
Maria Gorete-Crowe

Also Present:

Sean McCarthy (Village Architect)
Janet Gandolfo (Village Attorney)
Anthony Giaccio (Recording Secretary)

Agenda:
1) Oscar Ortiz/Jose &amp; Hilario Rodriguez, 6 Francis Street - Public Hearing
2) Maria Quinde, 30 Barnhart Avenue - Public Hearing
3) 139 Cortlandt Street LLC, 139 Cortlandt Street - Public Hearing
4) Darren and Rachelle Gebler, 25 Merlin Avenue - Public Hearing
5) Approval of Minutes, April 16,2014 and May 21, 2014
Announcements - None
1) Oscar Ortiz/.Tose &amp; Hilario Rodriguez, 6 Francis Street - Public Hearing to convert a
basement to a habitable space.
Acting Chairman Judge read the public notice into the record and stated that the Board had
received the following documents:
•
•
•
•
•
•
•

Variance Appeal Letter Dated February 26, 2014
Zoning Board Application
Completed EAF Form
Westchester County Deed
Letter from New York State regarding a fire code variance
Letter from John DeMillia dated May 17,2014
Set of Drawings

Acting Chairman Judge confirmed with Mr. McCarthy that the returns were received.

�Oscar Ortiz made a presentation to the Board. The project is to convert a basement into a
recreation room.
Acting Chairman Judge pointed out that the applicant required both a use variance and an area
variance.
There was a discussion about the number of bedrooms and bathrooms that are in the house and
how many are being proposed.
Mr. Wernick asked if the space could be used as an illegal apartment and if there were any prior
violations. Mr. McCarthy responded and said that there was one violation and that the space
could potentially be used as an illegal apartment.
Motion to open the public hearing.
Moved: Judge
Seconded: Wernick
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

There were no comments from the public.
Motion to close the public hearing:
Moved: Judge
Seconded: Wernick
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

Acting Chairman Judge said that he does not believe the applicant has satisfied the hardship
criteria.
Mr. Wernick is concerned that the space will become an illegal apartment and has a concern
about parking.
Acting Chairman Judge informed the applicant that the vote to approve the application will have
to be unanimous because there are only four Board members present.
The applicant requested an adjournment.
Motion to adjourn
Moved: Judge
Seconded: Wernick
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0
ADJOURNED

2) Maria Ouinde. 30 Barnhart Avenue - Public Hearing to convert a basement to a
habitable space
Acting Chairman Judge read the public notice into the record and stated that the Board had
received the following documents:
• Zoning Board Application

�• Variance Appeal Form
• Survey
• Set of Drawings
Acting Chairman Judge confirmed with Mr. McCarthy that the returns were received.
The applicant's Architect William Simeoforides made a presentation on a plan to convert a
basement to a habitable space at 30 Barnhart Avenue. Mr. Simeoforides said that his contractor
was unable to attend the meeting.
Acting Chairman Judge pointed out that four variances are required including an area and use
variance.
Mr. Wernick asked if there were prior violations. Mr. McCarthy said that the space has had a
history of violations including an illegal apartment.
Mr. Simeoforides submitted articles related to converting basements into habitable spaces
(attached).
Motion to re-open the public hearing.
Moved: Judge
Seconded: Wernick
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

There were no comments from the public.
Motion to close the public hearing:
Moved: Judge
Seconded: Wernick
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

Acting Chairman Judge is concerned that the space could be rented as an illegal apartment and
had questions about the means of egress.
Mr. Church would like the contractor to attend the meeting to answer questions.
Acting Chairman Judge and Ms. Bishko said that the applicant has not satisfied the hardship
criteria.
Acting Chairman Judge informed the applicant that the vote to approve the application will have
to be unanimous because there are only four Board members present.
Mr. Simeoforides requested an adjournment.
Motion to adjourn
Moved: Judge
Seconded: Church
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0
ADJOURNED

�3) 139 Cortlandt Street LLC -139 Cortlandt Street - Public Hearing to convert a
commercial space to residential
Acting Chairman Judge read the public notice into the record and stated that the Board had
received the following documents:
•
•
•
•
•

Zoning Board Application
Variance Appeal Form
Completed EAF Form
Survey
Set of Drawings

Acting Chairman Judge confirmed with Mr. McCarthy that the returns were received.
Daniel Panessi, Samual Etre and Jonathon Villani represented the applicant. Mr. Panessi gave a
history of the property and explained that a previous site plan was approved, but due to a change
of ownership, it was no longer applicable. Mr. Panessi said that an easement agreement with the
Rock of Salvation Church has been reviewed by the Village Attorney.
Ms. Gandolfo confirmed that she has reviewed the easement agreement.
The project is to convert two commercial spaces into one residential space. Mr. Panessi said that
a residential space requires less parking than the two commercial spaces.
Motion to open the public hearing.
Moved: Judge
Seconded: Bishko
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

Gary McClean spoke and said that parking is a problem, otherwise he likes the project.
Motion to close the public hearing:
Moved: Judge
Seconded: Wernick
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

Acting Chairman Judge said that converting this space to residential is in-keeping with the
neighborhood.
Acting Chairman Judge informed the applicant that the vote to approve the application will have
to be unanimous because there are only four Board members present.
The applicant requested a vote.
Motion to approve the application as submitted
Moved: Judge
Seconded: Bishko
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0
APPROVED

�4) Darren and Rachelle Gebler, 25 Merlin Avenue - Public Hearing for a new front porch
addition
Acting Chairman Judge read the public notice into the record and stated that the Board had
received the following documents:
•
•
•
•
•
•
•

Zoning Board Application
Completed EAF Form
Deed
Set of Drawings
Title Policy
Survey
Set of Drawings

Acting Chairman Judge confirmed with Mr. McCarthy that the returns were received.
Acting Chairman Judge informed the applicant that the vote to approve the application will have
to be unanimous because there are only four Board members present.
Gregory McWilliams represented the applicant and made a presentation. The project is to
replace the front stoop at 25 Merlin Avenue with a porch. An area variance is required for this
project. Mr. McWilliams said that the new porch would blend in with the stucco house. Mr.
McWilliams said that the current porch is in very porch condition and provided a photograph of
the house (attached).
Motion to open the public hearing.
Moved: Judge
Seconded: Bishko
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

There were no comments from the public.
Motion to close the public hearing:
Moved: Judge
Seconded: Wernick
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

Acting Chairman Judge said that the applicant was asking for a very small variance and that the
improvements are in-keeping with the neighborhood.
Motion to approve the application as submitted
Moved: Judge
Seconded: Church
Absent: Koffler, Brown, Gorete-Crowe

5) Approval of Minutes. April 16.2014 and May 21.2014 - Tabled

Vote: 4-0
APPROVED

�Gary McClean asked the Board why he wasn't on the agenda. Acting Chairman Judge said that
Mr. McClean needs to submit the requested documents in order to be on the next Zoning Board
meeting agenda.
Motion to adjourn the meeting
Moved: Judge
Seconded: Bishko
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

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                    <text>Village of Sleepy Hollow
Zoning Board Meeting
July 16, 2014
Chairman Peter Koffler called the meeting to order at 8:00pm.
Present:

Peter Koffler
Timothy Judge
Sherry Bishko
Michael Wernick
Vishal Brown

Absent:

Timothy Church
Maria Gorete-Crowe

Also Present:

Sean McCarthy (Village Architect)
Janet Gandolfo (Village Attorney)
Anthony Giaccio (Recording Secretary)

Agenda:
1)
2)
3)
4)
5)
6)
7)

Oscar Ortiz/Jose &amp; Hilario Rodriguez, 6 Francis Street - Public Hearing
Open Door Family Medical Center, Inc., 310 North Broadway - Public Hearing
Gary and Michelle McLean, 404 Old Broadway - Public Hearing
Dean and Laura Barger, 139 Highland Avenue - Public Hearing
Sumantha and Jeffery Sedor, 170 Hunter Avenue - Public Hearing
Amanda Linhart, R.A., 7 Webb Road - Public Hearing
Approval of Minutes, April 16,2014, May 21,2014, June 18,2014

Announcements: Chairman Koffler announced that the agenda items will be placed in a
different order.
1) Dean and Laura Barger, 139 Highland Avenue - Public Hearing for an addition and
alteration
Chairman Koffler read the public notice, acknowledged that the returns were received and
stated that the Board had received the following documents:
• Zoning Board Application
• Survey
• Set of Drawings dated June 13,2014
The applicant's architect made a presentation regarding a proposed addition at 139 Highland
Avenue. The design will be consistent with the neighborhood and the addition will not be visible
from the front of the house. The purpose of the addition is to increase the living space.

�Motion to open the public hearing.
Moved: Koffler
Absent: Church, Gorete-Crowe

Seconded: Bishko

Vote: 5-0

There were no comments from the public.
Motion to close the public hearing:
Moved: Koffler
Absent: Church, Gorete-Crowe

Seconded: Bishko

Vote: 5-0

Chairman Koffler said that the project will have no adverse impact on the neighborhood and that
the variance is minimal.
Motion to approve the application as submitted
Moved: Koffler
Seconded: Wernick
Absent: Church, Gorete-Crowe

Vote: 5-0
APPROVED

2) Sumantha and Jefferv Sedor, 170 Hunter Avenue - Public Hearing for an addition and
alteration
Chairman Koffler read the public notice, acknowledged that the returns were received and
stated that the Board had received the following documents:
• Zoning Board Application
• Survey
• Set of Drawings
Architect, Frank Tancredi made a presentation regarding a proposed addition and alteration at
170 Hunter Avenue. The owner would like to add a master bedroom and bathroom. The style is
in keeping with the neighborhood and there will be no change to the building footprint. The
design is intended to blend in with the rest of the house.
Motion to open the public hearing.
Moved: Koffler
Absent: Church, Gorete-Crowe

Seconded: Judge

Vote: 5-0

There were no comments from the public.
Motion to close the public hearing:
Moved: Koffler
Absent: Church, Gorete-Crowe

Seconded: Judge

Vote: 5-0

Chairman Koffler said that the project will have no adverse impact on the neighborhood and that
the variance is minimal.
Motion to approve the application as submitted
Moved: Judge
Seconded: Koffler
Absent: Church, Gorete-Crowe

Vote: 5-0
APPROVED

�3) Amanda Linhart, R.A.» 7 Webb Road- Public Hearing for a covered porch addition
Chairman Koffler read the public notice, acknowledged that the returns were received and
stated that the Board had received the following documents:
• Zoning Board Application
• Site Map
• Set of Drawings Dated June 6, 2014
Architect, Amanda Linhart made a presentation regarding a proposed covered porch at 7 Webb
Road. The project is to construct a roof to cover an existing porch. The owner would like to
better utilize the front yard area and to improve its appearance.
Motion to open the public hearing.
Moved: Koffler
Absent: Church, Gorete-Crowe

Seconded: Bishko

Vote: 5-0

There were no comments from the public.
Motion to close the public hearing:
Moved: Koffler
Absent: Church, Gorete-Crowe

Seconded: Bishko

Vote: 5-0

Chairman Koffler said that the house has an existing non-conforming use. The project will
improve the aesthetics and will have no adverse impact on the neighborhood. The variance is
minimal.
Motion to approve the application as submitted
Moved: Koffler
Seconded: Judge
Absent: Church, Gorete-Crowe

Vote: 5-0
APPROVED

4) Oscar Ortiz/Jose &amp; Hilario Rodriguez, 6 Francis Street - Contunued Public Hearing to
convert a basement to a habitable space.
Chairman Koffler re-opened the public hearing.
Oscar Ortiz made a presentation to the Board. The project is to convert a basement into a
habitable space. The applicant provided no new material from the previous meeting.
Chairman Koffler pointed out that the applicant requires both a use variance and an area
variance.
There were concerns about prior violations and if the basement will be used as an illegal
apartment. There is a concern that the house is currently being used as a children's daycare.
The applicant was asked to provide evidence to prove hardship, but was unable to.

�There was a question as to why the applicant requested an adjournment at the last meeting. He
replied by saying that there were only four Board members present at the last meeting.
Motion to accept comments:
Moved: Koffler
Absent: Church, Gorete-Crowe

Seconded: Judge

Vote: 5-0

There were no comments from the public.
Motion to close the public hearing:
Moved: Koffler
Absent: Church, Gorete-Crowe

Seconded: Judge

Vote: 5-0

Chairman Koffler said that the applicant has not satisfied the hardship criteria and that he needs
to prove hardship in order for the application to be approved.
The applicant requested an adjournment.
Motion to adjourn
Moved: Koffler
Absent: Church, Gorete-Crowe

Seconded: Bishko

Vote: 5-0
ADJOURNED

5) Gary and Michelle McLean, 404 Old Broadway - Public Hearing to convert first floor
to a delicatessen.
Chairman Koffler read the public notice, acknowledged that the returns were received and
stated that the Board had received the following documents:
•
•
•
•
•

Zoning Appeals Application
Letter from JBH Construction and Design dated June 24,2014
Map
Set of Drawings dated March 20.2014
Parking Study (Submitted at the meeting)

Gary McClean represented himself. Mr. McClean submitted a parking study. Mr. McClean
is proposing a delicatessen. He acknowledged that he does not have enough parking, but says
that many other businesses in the Village do not have parking or a loading zone. Mr. McClean
said that he has spent $8,000 on this application and is losing $6,000 a month in taxes.
Chairman Koffler said that the Board did not have enough time to review the parking study
because it was just received that evening.
Motion to open the public hearing.
Moved: Koffler
Absent: Church, Gorete-Crowe

Seconded: Judge

Vote: 5-0

�Danny Caixeiro is not a resident, but has worked in the Village for many years. Mr. Caixeiro
said that there is ample on-street parking on Old Broadway.
Lenny Ratigiiano feels that a delicatessen would be a great thing and that the project should be
approved.
Anthony Landi said that parking is inadequate. Mr. Landi submitted photos to the Board
(attached). Mr. Landi said that employees from Frank's Home Improvement park on Old
Broadway from 6:30am to 5:00pm. Alternate side of the street parking also reduces the number
of on-street parking available during the day.
Mr. McClean said that Frank's Home Improvement parking all day on the street should be
addressed.
Motion to close the public hearing:
Moved: Koffler
Absent: Church, Gorete-Crowe

Seconded: Bishko

Vote: 5-0

Chairman Koffler noted that the primary issue with this application is parking and not whether or
not the business will be good for the community. The Board will need time to review the
parking study.
Mr. McClean requested an adjournment.
Motion to adjourn
Moved: Koffler
Absent: Church, Gorete-Crowe

Seconded: Brown

Vote: 4-0
ADJOURNED

6) Open Door Family Medical Center, Inc., 1 New Broadway/ 310 North Broadway Public Hearing to Convert existing building at One New Broadway to a Medical office,
convert existing building at 310 North Broadway to a parking structure, and construct a
parking lot at 316 North Broadway.
Chairman Koffler read the public notice, acknowledged that the returns were received and
stated that the Board had received the following documents:
• Zoning Board Application
• Traffic Study dated June 13, 2014
• Set of Drawings dated June 13,2014
The applicant's attorney Geraldine Tortorella made opening remarks. Ms. Tortorella introduced
architect Gary Gianfrancesco, traffic engineer Bernard Adler and Lyndsay Farrell of Open Door.
The proposal is to create an Open Door family medical center at 310 North Broadway. A
previous application for this project was withdrawn due to insufficient parking. Open Door is in
contract to purchase Dominick's Limousine, which will enable them to provide adequate parking
for the proposed facility. Mr. Gianfrancesco described the site plan. Mr. Adler gave a brief

�summary of the traffic study that was submitted to the Board. The Board had several questions
related to traffic and hours of operation.
Motion to open the public hearing:
Moved: Koffler
Seconded: Judge
Vote: 5-0
Absent: Church, Gorete-Crowe
Rebecca Collins is an Open Door staff member. Ms. Collins made comments regarding the
hours of operation. She said that the first patient is scheduled at 8:30am and the last patient is
scheduled at 7:15pm, so the staff will not need to arrive early or stay late. The same applies for
Saturday hours.
Lindsay Farrell is the president of Open Door. Ms. Farrell asked the Board to recognize the huge
effort it took to acquire Dominick's Limousine. She noted that the Dominick's Limousine
building will have a much more attractive design. Open Door has made a significant financial
investment into this project.
Gary McClean recommended that Open Door purchase the abutting property on New Broadway
to create a better traffic pattern.
Rose McManus asked what would happen if Open Door no longer owned the Dominick's
Limousine Property. Chairman Koffler said that owning that property would be a condition of
any variance if approved. Ms. McManus asked about the required parking. Ms. Tortorella
responded by saying there is sufficient parking by code. Ms. McManus said that the crosswalks
are inadequate. Mr. Adler responded. Discussion ensued.
Danny Caixeiro said that this new facility will help develop an important residency program for
Phelps Hospital.
Rose McManus is concerned about the possibility of Phelps Hospital being taken over by
Montefiore Hosptial and how this would affect the residency program.
Seth Rebels said that he is a young physician and will greatly benefit from the residency
program.
Motion to close the public hearing:
Moved: Koffler
Absent: Church, Gorete-Crowe

Seconded: Judge

Vote: 5-0

Ms. Bishko asked about the current permit to store a mobile dental clinic at the facility. Ms.
Tortorella said that if the project is approved, the permit would no longer be needed.
Mr. Judge asked about a pedestrian count. Mr. Adler responded.
Chairman Koffler said that the application was thoughtful and thorough and that the applicant
addressed all the concerns of the Zoning Board.

�Mr. Judge asked about the existing variances. Ms. Gandolfo said that the variances and
conditions are specific to the applicant.
There was a question about placing certain conditions on the project.
At 10:10 the Board went into executive session.
The Board returned from executive session.
Chairman Koffler said that parking has been addressed and that there will be no adverse effect on
the environment. The asset outweighs the detriment.
Motion to grant the variances with the following conditions:
1) That Open Door retains a fee simple ownership of all three properties.
2) That only a right turn be permitted onto Route 9 out of the facility
Moved: Koffler
Absent: Church, Gorete-Crowe

Seconded: Wernick
Vote: 5-0
APPROVED WITH CONDITIONS

7) Approval of Minutes. April 16.2014, May 21,2014 and June 18.2014 - Tabled

Motion to adjourn the meeting at 10:20
Moved: Koffler
Absent: Church, Gorete-Crowe

Seconded: Bishko

Vote: 5-0

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                    <text>Village of Sleepy Hollow
Zoning Board Meeting
September 17,2014
Acting Chairman Timothy Judge called the meeting to order at 8:00pm.
Present:

Timothy Judge
Sherry Bishko
Michael Wernick
Timothy Church
Maria Gorete-Crowe

Absent:

Peter Koffler
Vishal Brown

Also Present:

Sean McCarthy (Village Architect)
Janet Gandolfo (Village Attorney)
Anthony Giaccio (Recording Secretary)

Agenda:
1)
2)
3)
4)
5)
6)

Open Door Family Medical Center, Inc., 300 North Broadway - Resolution
Oscar Ortiz/Jose &amp; Hilario Rodriguez, 6 Francis Street - Continued Public Hearing
Maria Quinde, 30 Barnhart Avenue - Continued Public Hearing
Gary and Michelle McLean, 404 Old Broadway - Continued Public Hearing
David &amp; Sandra Hodgson - 287 North Washington Avenue - Public Hearing
Approval of Minutes, April 16,2014, May 21,2014, June 18,2014, July 16,2014

Announcements: None
1) Open Door Family Medical Center. Inc., 1 New Broadway/ 300 North Broadway Public Hearing to Convert existing building at One New Broadway to a Medical office,
convert existing building at 310 North Broadway to a parking structure, and construct a
parking lot at 316 North Broadway.
Acting Chairman Judge summarized the conditions being placed on Open Door that will be
contained in the approving resolution.
The three properties, 300, 310 and 316 North Broadway, must always be owned by Open Door.
The off-site parking will be permitted. There will be no left turn out of 300 North Broadway and
there will be no pedestrian entrance or exit on New Broadway, other than for an emergency exit.
A resolution will be drafted for the next meeting. Attorney Adam Wekstein represented the
applicant and agreed with the conditions.
APPROVED PENDING RESOLUTION

�2) Oscar Ortiz/Jose &amp; Hilario Rodriguez. 6 Francis Street - Contunued Public Hearing to
convert a basement to a habitable space*
Oscar Ortiz addressed the Board.
Acting Chairman Judge said that the applicant has not satisfied the hardship criteria.
The applicant has provided no new information for the Board to review.
Mr. Ortiz stated that the height was changed and that it now complies with the code.
Motion to accept comments:
Moved: Judge
Absent: Koffler, Brown

Seconded: Church

Vote: 5-0

There were no comments from the public.
Motion to close the public hearing:
Moved: Judge
Seconded: Gorete-Crowe
Absent: Koffler, Brown

Vote: 5-0

The applicant was asked if he wanted to adjourn or put the matter to a vote.
The applicant requested a vote.
Motion to deny the application on the basis that the hardship criteria has not been met.
Moved: Judge
Seconded: Church
Vote: 5-0
Absent: Koffler, Brown
DENIED
3) Maria Quinde, 30 Barnhart Avenue - Continued Public Hearing to convert a basement
to a habitable space
Ms. Quinde spoke through a translator. She said that she was unclear on what she needed to do
to get an approval.
Acting Chairman Judge asked if any new information was received. Mr. McCarthy said no.
Mr. Judge said that the project needed both an area variance and a use variance. He
recommended that Ms. Quinde meet with the building department with a translator to find out
exactly what she needs to submit to the Board.
The applicant requested an adjournment.
Motion to adjourn
Moved: Judge
Absent: Koffler, Brown

Seconded: Warnick

Vote: 4-0
ADJOURNED

�4) Gary and Michelle McLean, 404 Old Broadway - Continued Public Hearing to convert
first floor to a delicatessen.
Attorney, Jeffery Shumejda represented the applicant. Mr. Shumejda said that Gary and
Michelle McClean have owned the property since 2007. The property has always been used for
commercial purposes. The only business currently interested in renting the space is a
delicatessen. The variance needed is for 6 spaces and a loading zone. Mr. Shumejda mentioned
that the Village Board is expected to vote on creating a one way on Old Broadway and restricting
parking to two hours only. This should improve the parking conditions on Old Broadway. He
said that the project is in-keeping with the neighborhood and that it has been zoned for
commercial use since the 1940's. He said that this was not a self created condition.
Acting Chairman Judge acknowledged that the Village Board's actions could improve parking
conditions, and would like to wait until after the Village Board meeting.
Mr. Wernick asked for the vote to be taken. Ms. Bishko and Mr. Church both also agreed that it
should go to a vote.
The applicant's architect Javier Taborgo spoke and said that the project will improve the site.
Acting Chairman Judge opened the public hearing.
David Hodgson spoke and asked if there were any way that the applicant could rent the space
without needing variances.
Mr. Judge said that a parking variance would be required regardless.
Motion to close the public hearing
Moved: Judge
Absent: Koffler, Brown

Seconded: Wernick

Vote: 5-0

Acting Chairman Judge said that the project will not have an adverse effect on the neighborhood
and that it will be an improvement.
Motion to declare the project a type II action under SEQRA and to approve.
Moved: Judge
Seconded: Warnick
Vote: 5-0
Absent: Koffler, Brown
APPROVED PENDING RESOLUTION
5) David and Sandra Hodgson, 287 North Washington Avenue - Public Hearing for a one
story rear addition
Acting Chairman Judge read the public notice into the record and stated that the Board had
received the following documents:
•
•
•
•

Zoning Board Application
Set of Drawings
Photos
Completed EAF Form

Acting Chairman Judge confirmed with Mr. McCarthy that the returns were received.

�Sandra Hodgson described the project and explained that the addition is to create a mud room
and to expand the kitchen. Ms. Hodgson said that the project will increase the value of the
home.
Mr. McCarthy said that a variance is only required because the property is non-conforming.
Motion to open the public hearing:
Moved: Judge
Absent: Koffler, Brown

Seconded: Bishko

Vote: 5-0

There were no comments from the public.
Motion to close the public hearing:
Moved: Judge
Seconded: Gorete-Crowe
Absent: Koffler, Brown

Vote: 5-0

Acting Chairman Judge said that this was a Type II action under SEQRA, that it is not self
created and that it will be an improvement to the neighborhood.
Motion to approve the application.
Moved: Judge
Absent: Koffler, Brown

Seconded: Bishko

Vote: 5-0
APPROVED

6) Approval of Minutes, April 16.2014. May 21.2014. June 18,2014 and July 16.2014 Tabled

Motion to adjourn the meeting at 9:05
Moved: Judge
Seconded: Church
Absent: Koffler, Brown

Vote: 5-0

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                    <text>Village of Sleepy Hollow
Zoning Board Meeting
October 15,2014
Chairman Peter Koffler called the meeting to order at 8:00pm.
Present:

Peter Koffler
Timothy Judge
Vishal Brown
Maria Gorete-Crowe

Absent:

Sherry Bishko
Michael Wernick
Timothy Church

Also Present:

Sean McCarthy (Village Architect)
Janet Gandolfo (Village Attorney)
Anthony Giaccio (Recording Secretary)

Agenda:
1) Open Door Family Medical Center, Inc., 310 North Broadway - Resolution
2) Maria Quinde, 30 Barnhart Avenue - Continued Public Hearing
3) Deven Sharma and Om Dhiman, 178 Beekman Avenue - Public Hearing
4) Thomas Stone, 118 Van Tassel Avenue - Public Hearing
5) Approval of Minutes, April 16,2014, May 21,2014, June 18,2014, July 16, 2014,
September 17,2014
Announcements: None
1) Open Door Family Medical Center, Inc., 1 New Broadway/ 300 North Broadway Public Hearing to Convert existing building at One New Broadway to a Medical office,
convert existing building at 310 North Broadway to a parking structure, and construct a
parking lot at 316 North Broadway.
Attorney Adam Wekstein represented the applicant.
A resolution to approve the project was provided to the Board (attached)
Motion to approve the resolution:
Moved: Koffler
Absent: Bishko, Warnick, Church

Seconded: Judge

Vote: 4-0
APPROVED

�Note - 30 Barnhart was moved to the end of the agenda because the applicant was not present.
2) Deven Sharma and Om Dhiman, 178 Beekman Avenue - Public Hearing to Permit a
House of Worship.
Chairman Koffler read the public notice, acknowledged that the returns were received and
stated that the Board had received the following documents:
•
•
•
•

Zoning Board Application
Survey
Letter dated April 12,2014
Color Photos

Deven Sharma addressed the Board and summarized the project. The plan is to use the first floor
at 178 Beekman Avenue as a house of worship for two years. The space was previously rented
to the French/American Club. A parking variance for 6 spaces is required.
There was a question about the number of people that will attend on a daily basis and where they
will travel from. Mr. Sharma said that there will be between 25-30 people attending daily and
they will be coming from Westchester County. There will also be larger monthly meetings.
Chairman Koffler asked for an update on the permanent facility in White Plains. Mr. Sharma
responded by saying that they are working on plans for $3 to $4 million temple. They need the
Sleepy Hollow location in the interim.
Mr. Brown asked about the number of people that will attend the larger monthly meetings. Om
Dhimana spoke and said that the larger monthly meetings will be held at a restaurant in
Elmsford.
Mr. Judge asked if the variance could be restricted to one or two years. Ms. Gandolfo said that a
temporary variance could be given.
Motion to open the public hearing:
Moved: Koffler
Absent: Bishko, Warnick, Church

Seconded: Judge

Vote: 4-0

Rishie Mamajan said that the location is convenient and that he supports the project.
Harry Singh supports the project and believes that there will be no problems if approved. He
asked that the Board not put any restrictions on the time limit.
Motion to close the public hearing:
Moved: Koffler
Absent: Bishko, Warnick, Church

Seconded: Gorete-Crowe

Vote: 4-0

�Ms. Gorete-Crowe raised the question about the maximum number of people allowed in the
facility. Events with 49 people or more will trigger stricter code requirements.
Chairman Koffler said that this is a needed project with no adverse effect and that it fits into the
neighborhood. However, there are certain unknowns that can't be anticipated at this time. Mr.
Koffler suggests approving an 18 month variance with a right to ask for a renewal.
Motion to declare the project a type II action under SEQRA:
Moved: Koffler
Seconded: Judge
Absent: Bishko, Warnick, Church

Vote: 4-0

Motion to approve an 18 month variance for the project with an option to renew:
Moved: Koffler
Seconded: Judge
Vote: 4-0
Absent: Bishko, Warnick, Church
APPROVED WITH CONDITIONS

3) Thomas Stone. 118 Van Tassel Avenue - Public Hearing to Legalize a Deck
Chairman Koffler read the public notice, acknowledged that the returns were received and
stated that the Board had received the following documents:
• Zoning Board Application
• Survey dated September 18, 2014
Thomas Stone represented himself. Mr. Stone explained that a deck on the property was
constructed a while ago and that a building permit was unintentionally never filed. Mr. Stone
would like to legalize the deck in order to sell the property.
Chairman Koffler noted that no one was in the audience and so opening the public hearing was
unnecessary.
Chairman Koffler said that the applicant did not intend to deceive and that the project requires
only a small variance.
Motion to approve:
Moved: Koffler
Absent: Bishko, Warnick, Church

Seconded: Gorete-Crowe

Vote: 4-0
APPROVED

4) Approval of Minutes. April 16. 2014. May 21.2014. June 18.2014. July 16.2014 and
September 14.2014 - Tabled

�5) Maria Quinde, 30 Barnhart Avenue - Continued Public Hearing to convert a basement
to a habitable space
The applicant was not in attendance.
Chairman Koffler stated that the applicant has not provided any new information or complied
with the Board's requests.
Motion to deny the application:
Moved: Koffler
Absent: Bishko, Warnick, Church

Seconded: Judge

Motion to adjourn the meeting at 9:20:
Moved: Koffler
Seconded: Judge
Absent: Bishko, Warnick, Church

Vote: 4-0
DENIED

Vote: 4-0

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                    <text>Present:

Peter Koffler
Timothy Judge
Vishal Brown
Maria Gorete-Crowe
Michael Wernick
Timothy Church

Absent:

Sherry Bishko

Also Present:

Sean McCarthy (Village Architect)
Anthony Giaccio (Recording Secretary)

Agenda :
1) Amanda Linhart, 55 Fremont Road - Public Hearing
2) Approval of Minutes, April 16, 2014, May 21, 2014, June 18, 2014, July 16, 2014,
September 17, 2014 and October 15, 2014.
Announcements: None
1) Amanda Linhart, 55 Fremont Road - Public Hearing on a covered porch addition.
Architect Amanda Linhart represented herself.
The project is to add a covered porch at 55 Fremont Road. Ms. Linhart said that the project will
add curb appeal and will enhance the heavily used front yard area.
Chairman Koffler asked about the landscaping plan and how the steps will be configured. Ms.
Linhart responded.
Public comments were waived, since no one was in attendance. Ms. Linhart submitted a letter of
support from her neighbor (attached). There were no comments from the Board.
Chairman Koffler said that the project requires only a small variance, is not out of character with
the neighborhood and there have been no public comments against the project.
Motion to approve the project:
Moved: Koffler
Absent: Bishko

Seconded: Judge

Vote: 6-0
APPROVED

�2) Approval of Minutes, April 16, 2014, May 21, 2014, June 18, 2014, July 16, 2014,
September 14, 2014 and October 15, 2014 The Board reviewed the Zoning Board meeting minutes from April to October and made
changes.
Motion to approve the April 16, 2014 minutes as amended:
Moved: Koffler
Seconded: Judge
Absent: Bishko

Vote: 6-0
APPROVED

Motion to approve the May 21, 2014 minutes as amended:
Moved: Koffler
Seconded: Judge
Absent: Bishko

Vote: 6-0
APPROVED

Motion to approve the June 18, 2014 minutes:
Moved: Koffler
Seconded: Judge
Absent: Bishko

Vote: 6-0
APPROVED

Motion to approve the July 16, 2014 minutes as amended:
Moved: Koffler
Seconded: Judge
Absent: Bishko

Vote: 6-0
APPROVED

Motion to approve the September 17, 2014 minutes as amended:
Moved: Koffler
Seconded: Judge
Absent: Bishko

Vote: 6-0
APPROVED

Motion to approve the October 15, 2014 minutes as amended:
Moved: Koffler
Seconded: Judge
Absent: Bishko

Vote: 6-0
APPROVED

Chairman Koffler wished everyone a happy holiday.
Motion to adjourn:
Moved: Koffler
Absent: Bishko

Seconded: Church

Vote: 6-0
APPROVED

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