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                    <text>Village of Sleepy Hollow
Zoning Board of Appeals Meeting
December 18, 2024
Chairman Timothy Church called the meeting to order at 7:00 pm.
Chairman Church stated that the applicant requested an adjournment for the Edge-on-Hudson
Development application. The Board will hold a public hearing in January.
Present:

Timothy Church, Chairman
Gorete Crowe
Craig Lis
Thomas Chang
Dennis Xenos

Also Present:

Sean E. McCarthy, Village Architect

Absent:

Pamela Kroll, Secretary to the Zoning Board of Appeals
Carol Lyden
Sandra Tripp

Agenda:
1) SDC Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront
Development, 1,3,5 Legend Drive, Proposed medical office building with attached
parking structure- Public hearing- requested adjournment
2) 131 Beekman LLC, 131 Beekman Avenue, Proposed basement apartment- Public
hearing
3) Approval of minutes, November 20, 2024
1.

SDC Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
1, 3, 5 Legend Drive, Proposed medical office building with attached parking structurePublic hearing
The Board received an adjournment request from the Applicant’s attorney to adjourn the public
hearing to the January 15, 2024 meeting.

1

(ZBA 12/18/2024)

�2.

131 Beekman LLC, 131 Beekman Avenue, Proposed basement apartment- Public hearing
Chairman Church read the public notice and listed the documents submitted with the application.
Maximillian Mahalek stated that he is an attorney with the Cuddy + Feder LLP law firm
representing the applicant. Mr. Mahalek stated that the application packaged the requests for
interpretations or variances to construct a studio dwelling unit at the lower level of the existing
multi-family structure and to add a compact parking space. The existing structure includes two
parking spaces in the garage. Mr. Mahalek summarized the variances listed on the public notice,
as determined by the Building Department. Mr. Mahalek requested an interpretation that the
required lot width variance is not required because the 33.5 foot lot width has existed since 1919.
The adoption of the Zoning Code in 1926 included a grandfathering provision for existing nonconformities. The property deed indicates the 33.5 foot lot width in the description. Mr. Mahalek
requested an interpretation that the requested parking variance should be for two spaces because
the proposed compact space should count towards the parking requirements.
Chairman Church asked Sean McCarthy why the compact parking space does not meet the
Zoning Code requirements.
Sean McCarthy stated that 60% of the five required parking spaces must be full-size to include
the compact space in the proposed parking count. Since there are only two full-size parking
spaces in the existing garage, the property does not satisfy the 60% requirement. The proposed
compact parking space also does not meet the minimum size for maneuverability of a legal
space.
Chairman Church asked Mr. Mahalek to describe why a compact space is proposed instead of a
full-size space.
Mr. Mahalek presented the property survey and stated that the driveway is shared with 129
Beekman Avenue. This restricts the parking space size behind the applicant's building structure
and ensures safe access to the garage. The applicant seeks to demarcate a parking space to make
it safer. Mr. Mahalek presented the architectural drawings and stated that the proposed compact
parking space is 7.5 feet wide and 15 feet deep. Shrubs are proposed along the west lot line for
screening.
Chairman Church asked Mr. Mahalek if eliminating the proposed shrubbery would increase the
size and maneuverability of the proposed parking space.
Mr. Mahalek stated that he is unsure if the shrubbery is proposed to eliminate an existing
structure or if a larger parking space would affect access to the stairwell. He will confirm with
the applicant's design professional.
Mr. McCarthy suggested that reducing the proposed 5 foot buffer to 3 feet from the property line
would allow for stair access and allow for a larger parking space.
2

(ZBA 12/18/2024)

�Dennis Xenos asked Mr. Mahalek if the proposed compact space would create an adverse
difficulty for 129 Beekman Avenue or for the maneuverability of the 131 Beekman Avenue
garage.
Mr. Mahalek stated that he would confirm if the easement access with 129 Beekman Avenue is a
written agreement or formed by use. The compact space is designed to avoid adverse impact and
ensure maneuverability for both the users of 131 Beekman Avenue compact space, 131 Beekman
garage, and 129 Beekman Avenue.
Mr. Xenos asked Mr. Mahalek if the neighboring property owner was notified, if any objections
were received, and if there was a physical barrier where the property notches in the back.
Mr. Mahalek stated that the aerial view of the property indicates a flat area that may have been
used for parking at one point, but he does not believe there is an obstruction.
Mr. McCarthy stated that the property owner of 129 Beekman Avenue received notice of the
public hearing.
Chairman Church asked Mr. Mahalek to confirm that the garage is used for resident parking
only.
Mr. Mahalek stated that he has no reason to believe the garage is not being used for resident
parking.
Chairman Church stated that the Board has granted parking variances for similar applications,
including conditions that require the applicant to designate (1) off-street parking space for each
apartment unit and restrict the owner from renting out the garage spaces.
Gorete Crowe requested that Mr. Mahalek confirm the use of the garage.
Mr. Mahalek stated that the goal is to provide (1) parking space for each dwelling unit in the
structure, and he would provide the requested garage use information.
Mr. Mahalek stated that an interpretation was requested that a variance is not required for the
proposed compact parking space. If the variance is related to maneuverability, he can consider
making changes to the application.
Chairman Church stated that the Board’s concerns relate to providing adequate parking for all
three units and the maneuverability issue with the neighboring property owner.

Mr. Mahalek summarized the requested interpretations related to lot area, lot width, and the
compact parking spaces. He acknowledged that supplemental information is requested and that
3

(ZBA 12/18/2024)

�he may have to consult further with Mr. McCarthy. Mr. Mahalek summarized how the
application satisfies the five criteria factors for approval and stated that the existing porch and
open patio will remain for the residents use.
There was a discussion regarding the parking requirements for a one and two-family residence
versus a multi-family residence.
Mr. Mahalek stated that the studio dwelling unit is proposed to generate additional income and
ease the housing burden. The compact parking space is designed for safe maneuverability.
Chairman Church asked Mr. McCarthy about legal full-size parking space requirements.
Mr. McCarthy stated that a full-size parking space is 9 feet wide by 18 feet long. The proposed
dimensions are permitted as a compact parking space.
Chairman Church move to open the public hearing.
Moved: Church
Seconded: Xenos

Vote 5-0

Chairman Church solicited comments from the public.
There were no other public comments.
Chairman Church moved to adjourn the public hearing to the January 15, 2024 meeting.
Moved: Church
Seconded: Crowe
Vote 5-0
3. Approval of minutes, November 20, 2024
Chairman Church moved to table the minutes to the January 15, 2024 meeting.
Moved: Church
Seconded: Tripp

Vote 5-0

Chairman Church moved to adjourn the meeting at 7:34 P.M.
Moved: Church
Seconded: Tripp

Vote 5-0

Respectfully Submitted,
Pamela Kroll
Secretary to the Zoning Board of Appeals

4

(ZBA 12/18/2024)

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                    <text>Village of Sleepy Hollow
Zoning Board of Appeals Meeting
November 20, 2024
Chairman Timothy Church called the meeting to order at 7:00 pm.
Present:

Timothy Church, Chairman
Sandra Tripp
Gorete Crowe
Craig Lis
Thomas Chang
Dennis Xenos

Also Present:

Sean E. McCarthy, Village Architect

Absent:

Pamela Kroll, Secretary to the Zoning Board of Appeals
Carol Lyden

Agenda:
1) SDC Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront
Development, 1,3,5 Legend Drive, Proposed medical office building with attached
parking structure- Public hearing
2) Joseph and Devin Bandelli, 274 Kelbourne Avenue, Proposed entry porch roof- Public
hearing
3) Approval of minutes, July 17, 2024, September 18, 2024, October 16, 2024
1.

SDC Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
1, 3, 5 Legend Drive, Proposed medical office building with attached parking structurePublic hearing
Chairman Church read the public notice and listed the documents submitted with the application.
Chairman Church stated that the Building Department determined that 23 public notice mailings
were defective. The public hearing will be re-noticed for the December 18, 2024 meeting. The
Board will hear the presentation and allow public comments but not act on the application.
Mark Weingarten stated that he is a partner with the law firm DelBello Donnellan Weingarten
Wise &amp; Wiederkehr, LLP, which is representing the applicant. Mr. Weingarten stated that the
application proposes constructing a three-story 42,674 square-foot medical office building and a
five-story parking structure containing 234 parking spaces. The applicant is seeking approval for
two area variances related to height and parking requirements. Mr. Weingarten stated that the
applicant has been working with the Planning Board for a year and a half and has made
numerous changes to the proposed site plan. Although a shared parking analysis indicates that
378 parking spaces are adequate for the planned uses of Block A, the Planning Board expressed
concerns that there would not be enough parking. Alternatives to provide more parking are
1

(ZBA 11/20/2024)

�restricted by the irregular shape of the parcel, MTA easement, Westchester County Sewer
Easement, and the DeCicco’s Supermarket need for short-term front entrance parking spaces and
loading requirements. The additional level to the parking structure would add 48 parking spaces
and increase the total number of spaces to 425. The expected tenant for the medical office
building and the DeCicco’s market have signed off on the proposed number of shared parking
spaces. The lower height zone restriction was originally designed to protect views from the east
parcel, where residential development is no longer planned. Mr. Weingarten stated that the
applicant is seeking a height variance of 10 feet and a parking variance for 88 spaces. The
statement of principle points states that the benefit to the applicant outweighs any detriment to
the community's health, safety and welfare.
Brooks Slocum is an architect from G3 Architecture Interiors Planning. He presented the design
renderings and described the proposed medical office building and parking structure layout.
Chairman Church asked Mr. Slocum to describe the parking structure's profile differences and
explain why the applicant is constrained from pushing the building out to add more parking.
Mr. Slocum stated that the parking garage continually ramps from the surface parking lot side.
The easement restrictions limit the building's size.
Dennis Xenos asked Mr. Slocum to describe the slab height between the parking decks, how fire
suppression would be managed on five levels, how entering and exiting the garage are proposed,
and how many EV charging stations are proposed.
Meagan Guy is the Senior Vice President of Development for Simon Development Companies.
Ms. Guy stated that the Planning Board does not want EV charging stations provided in the
garage structure.
Mr. Slocum stated that the garage would have open-air ventilation and 10 feet is proposed
between the slabs.
Sandra Tripp asked Mr. Weingarten if the applicant considered reducing the size of the building
to comply with the required parking spaces.
Mr. Weingarten stated that the Village of Sleepy Hollow's code includes a higher parking
requirement ratio for medical office buildings than other Westchester County municipalities. The
tentative tenant desires a building of a certain size to be economically feasible. The parking
studies showed adequate parking without the additional garage level.
Ms. Tripp stated that other medical office buildings in Sleepy Hollow do not meet the parking
capacity requirements and utilize parking around the surrounding neighborhoods.
Mr. Weingarten stated that the applicant seeks to maximize the space's use and the building's
size. An office building was part of the master plan, and commercial uses on the development
2

(ZBA 11/20/2024)

�site are reduced from what was originally proposed. The on-street parking spaces created within
the development are not credited as part of the parking ratio calculations.
Thomas Chang asked if the parking garage is proposed for medical office building use.
Mr. Weingarten stated that the parking garage would be part of the shared parking for the entire
site. The medical office building employees and staff would be directed to utilize the parking
garage. Time limitation restrictions are being considered for the surface parking lot to provide
short-term spaces near DeCicco’s supermarket’s main entrance and to require visitors who spend
more than an hour on-site to utilize the parking structure spaces.
Mr. Chang asked if the spaces in the parking structure have designated spots for doctors,
employees, and patients.
Mr. Weingarten stated there are no plans for reserved parking spots within the parking structure.
Emergency parking will be located at the building's drop-off entrance.
Gorette Crowe stated that the medical office building and parking structure would block river
views from Barnhart Park.
Mr. Weingarten stated that the requested 10-foot height difference would not affect the views of
the river.
Mark Gratz is an engineer from DTS Provident Design Engineering, LLP. He presented a height
zone study and stated that the medical office garage structure would not restrict river views, as it
would be lower than the Northlight building.
Ms. Tripp asked if another five-story structure would be proposed in the future.
Mr. Weingarten stated that although he cannot say what will be proposed, there will be fewer
commercial uses than originally planned, and this site originally contained office space.
Gorete Crowe asked the applicant to describe the type of medical facilities proposed in the
building.
Ms. Guy stated that the tentative tenant is still developing the programming. A multi-specialty
space with a variety of practices is expected. The medical office building would operate Monday
through Friday from 8:00 AM to 5:00 PM and limited hours on Saturday.
Mr. Weingarten stated that emergency or overnight care would not be offered in the medical
office building.
Chairman Church stated that the submitted parking analysis was completed based on industry
standards of prospective tenants and office space square footage. Knowing the anticipated
numbers of employees and patients who would utilize parking spaces hourly or daily would
3

(ZBA 11/20/2024)

�provide a more reliable data source for the Board to consider when granting the requested
parking variance.
Ms. Guy stated that their engineers have requested it multiple times, but it is unavailable because
the potential tenant is still developing the programming.
Mr. Weingarten stated that Simone Development has also used projections from other projects,
and John DeCicco has stated on the record that the proposed parking is sufficient for retail and
supermarket uses.
Chairman Church requested that the applicant submit a letter from John DeCicco and a study
estimating the expected number of employees and patients who would utilize the medical office
building and parking structure so that they can consider granting the parking variance when
reducing the size of the building would be a feasible method to achieve the same goal.
Mr. Weingarten stated that reducing the building size to satisfy the parking requirements is less
expensive than adding a level to the parking structure. The tenant requires a certain amount of
space for the building to be economically feasible.
Ms. Crowe stated that medical office buildings usually operate longer hours than 9:00 AM to
5:00 PM.
Mr. Xenos asked Mr. Weingarten if a parking space occupancy study was completed and if site
traffic was evaluated.
Mr. Weingarten stated that a traffic study was completed to evaluate the development.
Mr. Xenos asked if a percentage of surface parking spots would be guaranteed.
Ms. Guy stated that surface parking is a common element managed by the partners of the
Condominium Board.
Chairman Church suggested that the applicant consider requiring the medical office-building
employees to park on the upper level of the garage structure.
Mr. Weingarten stated that the applicant needs a tenant in place to agree to the employee-parking
requirement and that it would be in their best interest to do so. Mr. Weingarten said that Mr.
DeCicco agreed that the 192 surface parking spaces would be enough for their uses most of the
time.
Chairman Church moved to open the public hearing.
Moved: Church
Seconded: Lis

Vote 6-0

Chairman Church solicited comments from the public.
4

(ZBA 11/20/2024)

�There were no public comments.
Chairman Church moved to adjourn the public hearing to the December 18, 2024 meeting.
Moved: Church
Seconded: Tripp
Vote 6-0
2.

Joseph and Devin Bandelli, 274 Kelbourne Avenue, Proposed entry porch- Public
hearing
Chairman Church read the public notice, listed the documents submitted with the application,
and confirmed with Sean McCarthy that the Building Department received proof of the mailing
receipts.
Emilio Escaladas stated that he represents the applicant as an architect from Escaladas
Associates Architects and Engineers. Mr. Escaladas described the existing conditions, interior
renovations, and the first-floor addition approved for construction. Mr. Escaladas presented the
side elevation drawing and stated that the applicant shifted the main entrance door to Kelbourne
Avenue from Riverside Drive. The application proposes constructing a roof over the entry
landing to protect the front door and create a decorative architectural element that will protrude 3
feet from the building over the property setback line. Mr. Escaladas presented photographs of
views from the neighboring property and stated that the first-floor elevation is approximately 20
feet higher than the roof structure. The view from the river is 15 feet lower than the proposed
entrance. The entry roof is minimally designed without columns and would be the only structure
added to the side of the house.
Craig Lis asked if the proposed entrance location has always been an open landing.
Mr. Escaladas stated it was originally a screened-in porch.
Ostap Vidov is the project contractor representing the applicant. Mr. Vidov stated that the
screened-in porch was removed to push the front door forward and to add a new landing and
steps leading to a mudroom.
Chairman Church asked if the proposed roof supports are decorative.
Mr. Escalades stated that decorative brackets with interior supports from the house structure are
proposed.
Sean McCarthy stated that the required front yard setback is 30 feet and the existing nonconforming setback is 26 feet.
Chairman Church move to open the public hearing.
Moved: Church
Seconded: Tripp

Vote 6-0

Chairman Church solicited comments from the public.
5

(ZBA 11/20/2024)

�Robert Welch stated that he lives at 260 Kelbourne Avenue. Mr. Welch stated that the applicant
is requesting a variance for 4 feet. The house is non-conforming with the back and front yards.
The front of the property used to be a single-floor covered porch. The previous owner used the
existing condition to add a second story. The proposed entry roof would directly affect the view
from all the windows in his house and impair the river views from his property.
The renovation will impair the unobstructed river views from his property. Other options are
available for relocating the main entrance. Mr. Welch requested that the Board not grant the
requested variance or future requests as they directly affect him. Mr. Welch read a portion of the
letter he submitted to the Board. (See Exhibit #1).
There were no other public comments.
Chairman Church moved to close the public hearing.
Moved: Church
Seconded: Lis

Vote 6-0

Chairman Church invited the applicants to address the public comments.
Mr. Escaladas stated that the proposed small roof element would not obstruct 260 Kelbourne
Avenue river views.
Devin Bandelli stated that the proposed application is to protect the front door. There are no
plans to build above it.
Chairman Church stated that the proposed application would not interfere with the neighboring
property owner’s river view shed. The small roof structure would improve the house's
appearance and enhance the neighborhood's character. The roof structure is not substantial as it
is minimally designed without columns and includes architectural supports. No other feasible
method exists to create a welcoming entrance from Kelbourne Avenue. The proposed application
would not result in a detriment to the physical or environmental conditions of the neighborhood.
Although the application is a self-created hardship, it is not the only factor the Board considers
when granting an area variance.
Chairman Church moved to approve the application.
Moved: Church
Seconded: Tripp
Timothy Church, Chairman - yes
Craig Lis - yes
Gorete Crowe - yes
Sandra Tripp - yes
Thomas Chang - yes
Dennis Xenos- yes
Vote 6-0

APPROVED

6

(ZBA 11/20/2024)

�3. Approval of minutes, July 17, 2024, and September 18, 2024, October 16, 2024
Chairman Church moved to approve the July 17, 2024 minutes.
Moved: Church
Seconded: Tripp
Timothy Church, Chairman - yes
Craig Lis - yes
Gorete Crowe - yes
Sandra Tripp - yes
Thomas Chang - yes
Dennis Xenos- abstained
Vote 5-0-1

APPROVED

Chairman Church moved to approve the September 19, 2024 minutes.
Moved: Church
Seconded: Tripp
Timothy Church, Chairman - yes
Craig Lis - yes
Gorete Crowe - yes
Sandra Tripp - yes
Thomas Chang - yes
Dennis Xenos- abstained
Vote 5-0-1

APPROVED

Chairman Church moved to approve the October 16, 2024 minutes.
Moved: Church
Seconded: Tripp
Timothy Church, Chairman - yes
Craig Lis - yes
Gorete Crowe - yes
Sandra Tripp - yes
Thomas Chang - yes
Dennis Xenos- abstained
Vote 5-0-1

APPROVED

Chairman Church moved to adjourn the meeting at 8:23 P.M.
Moved: Church
Seconded: Tripp

Vote 6-0

Respectfully Submitted,
Pamela Kroll
Secretary to the Zoning Board of Appeals

7

(ZBA 11/20/2024)

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                    <text>Village of Sleepy Hollow
Zoning Board of Appeals Meeting
October 16, 2024
Chairman Timothy Church called the meeting to order at 7:06 pm.
Present:

Timothy Church, Chairman
Sandra Tripp
Gorete Crowe
Craig Lis
Thomas Chang
Carol Lyden

Also Present:

Sean E. McCarthy, Village Architect

Absent:

Pamela Kroll, Secretary to the Zoning Board of Appeals

Agenda:
1) Maria Quinde, 30 Barnhart Avenue, Proposed 2-story addition- Continued public
hearing
2) Joshua Egan &amp; Jennifer Schwartz, 120 Gorey Brook Road, Proposed detached garage
with accessory dwelling- Public hearing
3) Approval of minutes, July 17, 2024, September 18, 2024
1.

Maria Quinde, 30 Barnhart Avenue, Proposed 2-story addition- Continue Public hearing
Chairman Church stated that the Board received a revised submission from William
Simeoforides, the architect representing the applicant.
Chairman Church invited Mr. Simeoforides to describe the proposed application changes.
Mr. Simeoforides presented a summary of the application for the benefit of the Board members
who were not present at the September 18, 2024, meeting. The revised plans include reducing
the size of the rear porch, removing the roof, and creating an open deck. The proposed building
coverage will comply with the permitted 35% and not require a variance. The variances for the
side yard setbacks are requested to remove and rebuild the existing basement stairs. The
requested floor area variance proposes an increase of 244 square.
Chairman Church asked Mr. McCarthy to confirm that the building coverage variance is no
longer required.

1

(ZBA 10/16/2024)

�Mr. McCarthy stated that the elimination of the covered porch and the slight reduction in the
length of the addition would reduce the existing building coverage calculations. The variance for
the side yard setback is required for the distance from the property line to the open basement
stair. The combined side yard setback from the addition structure is 13-1/2 feet, where 15 feet is
required.
There was a discussion regarding the existing and proposed side yard setbacks.
Mr. Simeoforides described the photographs and the elevations of the existing house.
Craig Lis asked Mr. McCarthy to explain why an automatic sprinkler system would not be
required.
Mr. McCarthy stated that automatic sprinklers are required when the alterations or additions to a
building are equal to or above 50 percent of the total usable floor area. The application proposes
to alter 46 percent of the usable floor area and would not require an automatic sprinkler system.
Chairman Church moved to open the public hearing.
Moved: Church
Seconded: Crowe

Vote 6-0

Chairman Church solicited comments from the public.
There were no public comments.
Chairman Church moved to close the public hearing.
Moved: Church
Seconded: Tripp

Vote 6-0

Chairman Church suggested approving the variances for the side yard setbacks and the increase
in the floor area. The revised application complies with the building coverage requirements. The
proposed additions would be more symmetrical and aesthetic than the existing structure. The
proposed additions will be more code-compliant than the existing structure, and the
improvements would benefit the neighborhood. The proposed additions are not substantial
compared to the neighboring property and are consistent with the setbacks of other houses on the
street. Concerning the public comments received regarding the use of the residence, the
occupancy of the house is a code enforcement issue. The Board is reviewing the application for a
decision on the propriety of the proposed construction. The proposed application would not
create a detrimental environmental effect on the neighborhood. Although the application is a
self-created hardship, it is not the only factor the Board considers when granting area variances.
Chairman Church moved to approve the application.
Moved: Church
Seconded: Lis
Timothy Church, Chairman - yes
Craig Lis - yes
Gorete Crowe - yes
2

(ZBA 10/16/2024)

�Sandra Tripp - yes
Thomas Chang- yes
Carol Lyden- yes
Vote 6-0
2.

APPROVED

Joshua Egan and Jennifer Schwartz, 120 Gorey Brook Road, Proposed detached garage
with accessory dwelling- Public hearing
Chairman Church read the public notice, listed the documents submitted with the application,
and confirmed with Sean McCarthy that the Building Department received proof of the mailing
receipts.
Julie Evans stated that she is the project architect for the owners. The application proposes
constructing a two story garage with an accessory dwelling on the second floor. Each floor
would be 750 square feet. Ms. Evans presented photographs and described the views of the
existing principal residence from different locations. Ms. Evans stated that the proposed garage
location would minimize and mediate the grade changes from the house to the driveway,
enabling them to create an at-grade entrance to the second-story accessory dwelling. The hip
roof slope will allow for functional ceiling heights for the garage and dwelling unit and be more
consistent with the architecture of the principal house.
Chairman Church asked Ms. Evans for the proposed ceiling heights in the two-story garage
structure and to explain the reasons for the roof height.
Ms. Evans stated that the proposed garage ceiling height is 9 feet and 8 feet for the dwelling unit.
Ms. Evans stated that eliminating the hip roof design would change the relationship to the
backyard and prevent walk-out grade access to the dwelling unit. Since they cannot build a
structure beyond the view easement line, this design provides the best option.
Gorete Crowe asked Ms. Evans to describe the proposed use of the studio dwelling.
Mr. Evans presented the floor plans and stated that the dwelling unit would be used for two home
offices or a one bedroom residence for a future nanny.
Chairman Church asked Ms. Evans why a revised drawing was submitted.
Ms. Evans stated that the revised drawing was submitted for a correction of a neighboring
property owner.
Chairman Church move to open the public hearing.
Moved: Church
Seconded: Tripp

Vote 6-0

Chairman Church solicited comments from the public.

3

(ZBA 10/16/2024)

�Peter Zegarelli stated that he is owner of 21 Ridge Street. Ms. Zegarelli stated that his property is
located east of the applicants property and includes the view easement. Mr. Zegarelli stated that
he has no objections to the proposed application or the requested variance.
Chairman Church move to close the public hearing.
Moved: Church
Seconded: Tripp

Vote 6-0

Chairman Church stated that the proposed application will not create a substantial change to the
neighborhood. The adjoining neighbor has no objections to the application or the increased roof
height, and the requested height it not substantial. The proposed garage structure complies with
the view easement and will not be visible to other properties on Ridge Street. The hip roof slope
would be architecturally symmetrical with the principle building and allow at grade access to
both floors of the garage structure. The proposed structure would not adversely affect the
environmental conditions of the neighborhood.
Gorete Crowe asked if the Board could include condition that the studio dwelling can not be
rented.
Sean McCarthy stated that the permitted accessory uses in the R-1 district includes home offices
and quarters for full-time domestic employess. In order for the accessory dwelling unit to be
occupied as a residence, the person needs to be employed by the owners of the principle
building. A condition of approval is not required because rental of the dwelling unit would be
considered a violation of the Certificate of Occupancy.
Chairman Church moved to approve the application.
Moved: Church
Seconded: Tripp
Timothy Church, Chairman - yes
Craig Lis - yes
Gorete Crowe - yes
Sandra Tripp - yes
Thomas Chang - yes
Carol Lyden- abstained
Vote 5-0-1

APPROVED

3. Approval of minutes, July 17, 2024, and September 18, 2024
Chairman Church tabled the approval of the minutes to the November 20, 2024 meeting.

4

(ZBA 10/16/2024)

�Chairman Church moved to adjourn the meeting at 7:45 P.M.
Moved: Church
Seconded: Tripp

Vote 6-0

Respectfully Submitted,
Pamela Kroll
Secretary to the Zoning Board of Appeals

5

(ZBA 10/16/2024)

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                    <text>Village of Sleepy Hollow
Zoning Board of Appeals Meeting
September 18, 2024
Chairman Timothy Church called the meeting to order at 7:00 pm.
Chairman Church stated that when only four Board members are present, the vote must be
unanimous to grant requested variances. The Applicants can defer the vote to the next meeting
when more Board members are present. If the Board votes on the application and the decision is
not unanimous, the Applicants must wait six months before presenting the same Application or
submit a revised application for the next meeting.
Present:

Timothy Church, Chairman
Sandra Tripp
Gorete Crowe
Craig Lis

Also Present:

Sean E. McCarthy, Village Architect
Pamela Kroll, Secretary to the Zoning Board

Absent:

Thomas Chang
Carol Lyden

Agenda:
1) Scott Larson and Sarah McMaster, 1 Pleasant Street, Proposed 2 1/2 -story addition
and rear deck - Public hearing
2) Maria Quinde, 30 Barnhart Avenue, Proposed 2-story addition- Public hearing
3) Adar Eisenbruch, 153 North Washington Street, Proposed additions and alterationsPublic hearing
4) Approval of minutes, July 17, 2024
1. Scott Larson and Sarah McMaster, 1 Pleasant Street, Proposed 2 ½-story addition and
rear deck- Public hearing
Chairman Church read the public notice, listed the documents submitted with the application,
and confirmed with Sean McCarthy that the Building Department received proof of the mailing
receipts.
William Simeoforides stated that he is the architect representing the Applicants. Mr.
Simeoforides stated that the existing house is a single-family, four-bedroom, two-story stucco
building on the corner of Pleasant Street and Continental Street. Mr. Simeoforides presented the
floor plans and stated that the application proposes to remove the existing first-floor bathroom
and mudroom addition. Mr. Simeoforides described the plans to redesign the first floor and
stated that the proposed addition includes a laundry-half bath combo, kitchen expansion, a rear
1

(ZBA 9/18/2024)

�deck on the first floor, and a master bedroom suite on the second floor. Mr. Simeoforides
presented the plans and elevations and described the proposed exterior improvements.
Chairman Church asked Mr. Simeoforides to describe the history of the property.
Mr. Simeoforides stated that the house's interior is original, except for the rear additions. The
Village of Sleepy Hollow purchased the property to widen Pocantico Street up and down
Continental Street to the East Parcel development.
Sean McCarthy said the Village anticipated demolishing the house to widen the street. It was
then determined that the house could remain by creating a right-of-way easement, allowing space
for encroachment on the property to widen the street or create a sidewalk.
Craig Lis asked Mr. McCarthy if the proposed additions were within the easement.
Mr. McCarthy stated the proposed additions comply with the easement area.
Mr. Simeoforides presented the site plan and described the location of the proposed easement
line. The applicants also propose adding a driveway in the back.
Chairman Church asked if the building coverage calculations include the easement.
Mr. McCarthy stated that the zoning requirement calculations include the easement area. The
easement is being created to reserve the right to develop on the property even though the
applicant owns it.
Chairman Church asked Mr. Simeoforides to confirm that the proposed rear deck is for the firstfloor level only and is not covered.
Mr. Simeoforides stated that the rear deck will not be covered and is intended to provide a rear
entrance into the first-floor kitchen from the new driveway.
Chairman Church asked if the number of bedrooms is increasing.
Mr. Simeoforides stated that they are not proposing to increase the number of bedrooms. The
second-floor addition will extend the existing master bedroom by 8 feet, 6 inches.
Craig Lis asked if the window on the third story was an attic window.
Mr. Simeoforides stated that the attic window is a ceiling hatch.
Chairman Church asked if eliminating the rear deck would affect the proposed floor area
coverage.

2

(ZBA 9/18/2024)

�Mr. McCarthy stated that since the rear deck is open, it is exempt from the floor area and
building coverage calculations.
Chairman Church asked Mr. Simeoforides for the dimensions of the proposed deck.
Mr. McCarthy stated that the proposed rear deck is 8 feet by 15 feet, 6 inches.
Chairman Church asked Mr. Simeoforides to confirm the rear yard setback without the proposed
deck.
Mr. Simeoforides stated that the proposed deck is 11 feet, 6 inches from the rear property line
and 12 feet, 2 inches from the property line to the rear addition.
Mr. McCarthy stated that the dimensions also include the lower level of the recessed steps at the
rear of the house.
Craig Lis asked if the property behind the house is parking for Historic Hudson Valley.
Mr. McCarthy stated that the property behind the house is Village of Sleepy Hollow parking.
Chairman Church moved to open the public hearing.
Moved: Church
Seconded: Crowe

Vote 4-0

Chairman Church solicited comments from the public.
There were no comments from the public.
Chairman Church moved to close the public hearing.
Moved: Church
Seconded: Lis

Vote 4-0

Chairman Church stated that the existing house is in disrepair. The proposed improvements will
benefit the neighborhood, and the proposed additions do not extend unreasonably far into the
backyard. The proposed open deck is proportional to the house and will serve as a rear entry
from the driveway. No changes are proposed for the overall dimensions of the house, roof pitch,
or single-family use. Although the proposed floor area is increasing by 300 square feet, the
proposed additions are reasonable. The proposed application is a feasible method to achieve the
benefits the applicants seek to improve the small house. The requested variances are not
substantial in comparison to the neighboring properties. The proposed application will add two
parking spaces and not cause a detriment to the physical or environmental conditions of the
neighborhood. Although the requested variances are considered a self-created hardship, they are
not the only factors the Board considers when granting area variances.
Chairman Church polled the Board members for any concerns suggesting the applicant should
defer the vote to the next meeting.
3

(ZBA 9/18/2024)

�There were no further comments from the Board.
Chairman Church moved to approve the application.
Moved: Church
Seconded: Tripp
Timothy Church, Chairman - yes
Gorete Crowe - yes
Craig Lis - yes
Sandra Tripp - yes
Vote 4-0
2.

APPROVED

Maria Quinde, 30 Barnhart Avenue, Proposed 2-story addition- Public hearing
Chairman Church read the public notice and listed the documents submitted with the application.
The Board has received and reviewed the three written comment letters, which will be included
in the public record. (See Exhibit #s 1-3). The Board is not reviewing a request for a use variance
for a one, two, or three-family residence. The proposed application requests area variances for a
one-family residence. Chairman Church asked Sean McCarthy if the mailing notices were
received.
Sean McCarthy stated that the Building Department received proof of the mailing receipts.
William Simeoforides stated that he is the architect representing the Applicant. Mr. Simeoforides
stated that the structure is a one-family, two-story building at the end of Barnhart Avenue up
against Barnhart Park. Mr. Simeoforides stated that the existing house includes a one-story
kitchen addition on the first floor with a screened-in porch and a bathroom addition above it on
the second floor. The application proposes to demolish the existing additions because they are
poorly constructed. The application proposes to reconstruct and enlarge the one-story addition by
6 feet, 6 inches to create a new mudroom and closet off the kitchen and rebuild the rear porch.
Plans for the second floor include demolishing the bathroom addition, moving the bathroom to
the north side, and constructing a master bedroom, which converts the structure from a threebedroom house to a four-bedroom. Mr. Simeoforides described how the proposed additions
would affect the side and rear views of the house. The front elevation will remain the same. The
new basement level area would be an unfinished storage space. A new stair is proposed to access
the proposed basement level. The proposed additions and the covered porch comply with the
required rear yard setbacks. The applicant is not seeking to convert the house to a multi-family.
Mr. Simeoforides described the neighboring structures and stated that the proposed two-story
addition and porch fit with the neighborhood's character and the house's style.
Chairman Church asked Mr. Simeoforides to explain the existing and requested side yard setback
calculations.
Mr. Simeoforides stated that the side yard setback from the basement stair is 2 feet, 6 inches. The
proposed additions are within the required side yard setbacks.
4

(ZBA 9/18/2024)

�Mr. McCarthy stated that the existing side yard setback was calculated from the minimum
distance from the property line at the front of the house. The proposed side yard setback is
calculated from the basement stair wall distance from the property line.
Chairman Church asked Mr. Simeoforides for the proposed stair wall height.
Mr. Simeoforides stated that the basement stair wall is proposed at 6 inches above grade.
Mr. McCarthy stated that although the basement stair wall may be at grade, the required railing
would extend above the wall by 3 feet for fall protection.
There was a discussion regarding why the proposed new construction requires a variance for the
increased side yard setback.
Chairman Church asked Mr. Simeoforides why they were proposing the new stairs.
Mr. Simeoforides stated the application proposes new stairs to ensure they are structurally sound
with the new foundation construction.
Mr. McCarthy asked Mr. Simeoforides if they planned to connect the existing basement to the
proposed basement area.
Mr. Simeoforides stated that they are not connecting the basement levels.
Chairman Church asked if the proposed basement area could be converted to a bedroom.
Mr. Simeoforides stated that the proposed basement area would not be connected to the house
and would not be permitted to be converted into a bedroom.
Mr. McCarthy stated that the unfinished basement could not be a stand-alone detached bedroom
or habitable space for the principal building.
Chairman Church asked Mr. Simeoforides if the covered porch is proposed on one or two stories.
Mr. Simeoforides stated that the covered porch is one-story.
Chairman Church asked Mr. Simeoforides to describe the proposed increase in floor area and
building coverage.
Mr. Simeoforides stated that the first and second-floor additions would increase the floor area by
244 square feet.
Chairman Church asked if fire sprinklers would be required due to the proposed additions.

5

(ZBA 9/18/2024)

�Mr. McCarthy stated that if the proposed application increases the useable floor area more than
fifty percent, automatic fire sprinklers would be required.
Chairman Church moved to open the public hearing.
Moved: Church
Seconded: Tripp

Vote 4-0

Chairman Church solicited comments from the public.
Rene Hernandez stated that he lives at 25 Barnhart Avenue and opposes the application. The
fourth bedroom will create more congestion where there is not enough parking.
All the homes in the area are dangerously close and exceed the current codes for permitted floor
area. Mr. Hernandez described neighboring properties, their current uses, and the owners'
number of cars. He stated that the owners should expand within the existing footprint. Mr.
Hernandez read the letter submitted by Mario Hernandez of 19 Barnhart Avenue.
Chairman Church asked Sean McCarthy to describe the wall construction required for additions
close to the neighboring structure.
Mr. McCarthy stated that the distance of the wall proposed on the south side from the property
line would not require special wall treatment. A wall less than three feet from the property line
would require a fire-rated assembly, where the construction materials of the wall would resist
fire for at least one hour on each side.
Christina Hernandez lives at 23 Barnhart Avenue and believes the applicant should only expand
within the existing footprint. The proposed application will add more congestion to the street.
Rene Hernandez asked if the electrical service would be upgraded as part of the proposed
application.
Mr. McCarthy stated that if the project moves forward, the Applicant must file for building,
plumbing and electrical permits and use Westchester County licensed and insured contractors.
The applications and plans will be reviewed for code compliance.
Gorete Crowe asked Mr. McCarthy to confirm that the plans will be reviewed for fire code
compliance.
Mr. McCarthy stated that calculations would determine if the house requires automatic fire
sprinklers. The construction would need to comply with the fire code requirements for fire
safety.
Chairman Church moved to close the public hearing.
Moved: Church
Seconded: Lis

Vote 4-0

Mr. Simeoforides stated that the application proposes reconstructing the existing additions and
increasing the building footprint by 6 feet, 6 inches. Although parking is an issue throughout the
6

(ZBA 9/18/2024)

�Village, the application does not require a variance for a single-family residence. The fourth
bedroom is proposed for the homeowner’s use.
Chairman Church stated that the number of bedrooms or a change of use is not before the Board
for review. The requested variances for the side yard setbacks are required for the proposed
basement stair railing. The proposed 1.75-foot setback would not affect the existing nonconforming side yard setback of .30 feet or increase the fire hazard to the neighboring buildings.
Compared with the adjacent building, the proposed addition and the porch do not appear to be a
detriment to the neighborhood. Replacing the second-floor boxed bathroom addition with a codeconforming second-floor addition would improve the neighborhood's aesthetics. The proposed
construction would be reviewed for code compliance and fire safety. The proposed increase in
building coverage is less than ten percent and not substantial. The proposed application would
not cause a detriment to the environmental conditions of the neighborhood. Although the
requested variances are self-created, they are not the only factors the Board considers when
approving area variances.
Chairman Church polled the board members on their vote for approval.
Sandra Tripp stated that the Board needs to consider the significant opposition to the increased
floor area from the neighboring properties. She agrees that the proposed additions will improve
the property, but comparing it to the significantly larger neighboring property may not be
appropriate.
Mr. Simeoforides suggested removing the covered porch to reduce the increase in the building
coverage.
Craig Lis suggested that eliminating the roof on the porch would also reduce the increase in
building coverage.
Chairman Church requested that Mr. Simeoforides submit an amended application calculating
how changes to the proposed porch would affect the coverage calculations and whether fire
sprinklers are required.
Chairman Church moved to continue the public hearing to the October 16, 2024 meeting.
Moved: Church
Seconded: Tripp
Vote 4-0
3.

Adar Eisenbruch, 153 North Washington Street, Proposed additions and alterationsPublic hearing
Chairman Church read the public notice, listed the documents submitted with the application,
and confirmed with Sean McCarthy that the Building Department received proof of the mailing
receipts. Chairman Church stated that the Board received a letter of support to be added to the
public record (See Exhibit #4).

7

(ZBA 9/18/2024)

�Kathleen Sullivan stated that she is the architect representing the Applicant, seeking to improve
the interior circulation of the first floor. Ms. Sullivan presented the floor plans and stated that
the application proposes to relocate the main entrance to the north side, construct an entry
vestibule addition, relocate the powder room and construct a side closet addition, enlarge the
existing three-season porch, and add an exterior staircase. Ms. Sullivan presented the elevations,
site plan drawings and photographs and described the proposed locations of the additions, the
existing non-conforming conditions, and the proposed areas requiring a variance.
Craig Lis asked if the fire escape would remain.
Ms. Sullivan stated that the fire escape would remain.
Chairman Church stated that the application proposed extending the existing non-conforming
setbacks in the side and front yard setbacks.
Chairman Church move to open the public hearing.
Moved: Church
Seconded: Lis

Vote 4-0

Chairman Church solicited comments from the public.
There were no public comments.
Chairman Church move to close the public hearing.
Moved: Church
Seconded: Crowe

Vote 4-0

Chairman Church stated that the requested variance for the front yard is not substantial as the
property line is angled. The variance requested for the north side is less than the existing setback
at the center of the house. The proposed stairs would extend 7 feet into an existing nonconforming condition and comply with the rear yard setback. The proposed application would
not be a detriment to the neighborhood's character. The applicant has valid reasons to relocate the
front entrance door. There is no other feasible method for the applicant to improve the house's
character. Approval of the application would not impact the physical or environmental
conditions of the neighborhood. Although the requested variances are self-created, they are not
the only factors the Board considers when approving area variances.
Chairman Church moved to approve the application.
Moved: Church
Seconded: Tripp
Timothy Church, Chairman - yes
Craig Lis - yes
Gorete Crowe - yes
Sandra Tripp - yes
Vote 4-0

APPROVED

4. Approval of minutes, July 17, 2024
8

(ZBA 9/18/2024)

�Chairman Church tabled the approval of the minutes to the October 16, 2024 meeting.
Chairman Church moved to adjourn the meeting at 8:30 P.M.
Moved: Church
Seconded: Tripp

Vote 4-0

Respectfully Submitted,
Pamela Kroll
Secretary to the Zoning Board of Appeals

9

(ZBA 9/18/2024)

�Exhibit #1

�Exhibit #2

�Exhibit #3

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                    <text>Village of Sleepy Hollow
Zoning Board of Appeals Meeting
July 17, 2024
Chairman Timothy Church called the meeting to order at 7:00 pm.
Present:

Craig Lis, Acting Chairman
Carol Lyden
Sandra Tripp
Thomas Chang

Also Present:

Sean E. McCarthy, Village Architect

Absent:

Chairman Timothy Church
Gorete Crowe

Agenda:
1) Adam and Sarah Smiley, 5 Farrington Avenue, Proposed addition and alterations Public hearing
2) Approval of minutes, May 16, 2024
1. Adam and Sarah Smiley, 5 Farrington Avenue, Proposed addition and alterations- Public
hearing
Chairman Lis read the public notice, listed the documents submitted with the application, and
confirmed with Sean McCarthy that the Building Department received the mailing receipts.
Chairman Lis stated that since only four members of the Board are present, the vote must be
unanimous. The applicant has the option of deferring the decision to the next meeting.
Frank Tancredi is the architect representing the applicants. Mr. Tancredi stated that the
applicants propose constructing a 15-foot-long addition to the rear of the house that would align
with the existing house's footprint, increase the existing non-conforming conditions of the side
yard setbacks and increase the building coverage by 0.26% over the permitted 20%. The
applicants propose to expand the kitchen, add a stairway into the basement and create an
additional bedroom and bathroom.
Sandra Tripp asked Mr. Tancredi to zoom in on the site plan and describe the proposed setbacks
that required Zoning Board review.

1

(ZBA 7/17/2024)

�Mr. Tancredi presented the site plan and stated that the existing house does not comply with the
required 10-foot side yard setbacks, and they are requesting a variance for 2.0 feet.
Thomas Chang asked if there was screening between the applicants’ house and the neighboring
uphill property.
Adam Smiley, the property owner, stated that hedges and a fence separate the two properties.
Sean McCarthy stated that the existing lot width is non-conforming and narrow. The proposed
addition would align with the house and not increase the degree of non-conformity. Since the
west side is a paper street, the setback is wider than it appears. Reducing the size of the addition
to comply with the coverage requirements would affect the usability of the basement.
Chairman Lis moved to open the public hearing.
Moved: Lis
Seconded: Tripp

Vote 4-0

Chairman Lis solicited comments from the public.
There were no comments from the public.
Chairman Lis moved to close the public hearing.
Moved: Lis
Seconded: Tripp

Vote 4-0

Chairman Lis asked the applicants if they wanted to move forward with the vote by four board
members.
Mr. and Mrs. Smiley agreed that the Board should vote on the application.
Chairman Lis stated that the benefit sought by the applicants is a feasible method to construct an
addition on an existing non-conforming narrow lot. The requested variances are not substantial,
and the proposed addition would not create an undesirable change in the neighborhood's
character or be detrimental to nearby properties. The proposed addition would align with the
existing house and slightly increase the permitted building coverage. The proposed application
will not adversely impact the physical or environmental condition of the neighborhood.
Chairman Lis moved to approve the application.
Moved: Lis
Seconded: Tripp
Craig Lis, Acting Chairman - yes
Carol Lyden - yes
Thomas Chang - yes
Sandra Tripp - yes
Vote 4-0

APPROVED

2

(ZBA 7/17/2024)

�2. Approval of minutes, May 15, 2024
Chairman Lis moved to approve the May 15, 2024 minutes.
Moved: Lis
Seconded: Chang
Craig Lis, Acting Chairman - yes
Carol Lyden - yes
Thomas Chang - yes
Sandra Tripp - yes
Vote 4-0

APPROVED

Chairman Lis moved to adjourn the meeting at 7:20 P.M
Moved: Lis
Seconded: Tripp

Vote 4-0

Respectfully Submitted,
Pamela Kroll
Secretary to the Zoning Board of Appeals

3

(ZBA 7/17/2024)

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                    <text>Village of Sleepy Hollow
Zoning Board of Appeals Meeting
May 15, 2024
Chairman Timothy Church called the meeting to order at 7:11 pm.
Present:

Timothy Church, Chairman
Carol Lyden
Gorete Crowe
Thomas Chang
Sandra Tripp
Craig Lis

Also Present:

Sean E. McCarthy, Village Architect
Pamela Kroll, Secretary to the Zoning Board of Appeals

Agenda:
1) Marcelo Poguio, 80 Depeyster Street, Proposed three-family residence - Public hearing
2) KO Group, LLC, 279 North Washington Street, Proposed conversion to a three-family
residence- Public hearing
3) Approval of minutes, April 17, 2024
1. Marcelo Poguio, 80 Depeyster Street, Proposed three-family residence- Public hearing
Chairman Church read the public notice, listed the documents submitted with the application,
and confirmed with Sean McCarthy that the Building Department received the mailing receipts.
Pat Costabile stated that he is representing the Applicant on behalf of Steven Costa, the engineer.
Mr. Costabile described the existing conditions of the property's non-conforming building. The
application proposes demolishing the existing single-family building and constructing a threefamily residence. The application proposes to supply (5) parking spaces on site and requests a
variance for (3) parking spaces.
Chairman Church asked where the entrance to the property is currently located.
Mr. Constabile stated that the existing entrance is located on Depeyster Street.
Chairman Church asked Mr. Costabile for the existing side yard setback.
Sean McCarthy stated that the sideyard setback is 30.6 feet from the west side of the property
line. The applicant is merging two property lots.

1

(ZBA 5/15/2024)

�Mr. Costabile stated that the application proposes a new building structure with side yard
setbacks of 10 feet, a front yard setback of 6.84 feet, including a front overhang section setback
of 2.92 feet, and a rear yard setback of 25 feet.
Chairman Church asked Mr. Constabile to describe the proposed parking.
Mr. Constabile stated that the applicant proposes constructing two garages on Valley Street. One
garage would have (2) tandem parking spaces, and the other would have (1) parking space. The
paved driveway area on Depeyster Street would include (2) tandem parking spaces.
Chairman Church asked Mr. Constabile to describe the proposed floor plans.
Mr. Constabile presented the floor plans and stated that each unit would have three bedrooms.
Chairman Church stated that the Applicant is seeking to demolish the current building and
construct a three-family residence that would be 6.5 feet from the sidewalk on Depeyster Street
and 10 feet from the sidewalk on Valley Street. The proposed building would be set back further
than the current single-family structure. The proposed three-family, nine-bedroom residence
would supply five on-site parking spaces, where the Code requires eight spaces.
Chairman Church asked Mr. Constabile how close the neighboring buildings are to Depeyster
Street.
Mr. Constabile provided the neighborhood study photographs and described houses near the
sidewalks on Depeyster Street and Valley Street.
Sandra Trip asked Mr. Constabile how Valley Street's proposed curb cut would impact available
parking spaces.
Mr. Constabile stated that the proposed curb cut on Valley Street would be 8 feet more than the
existing one.
Mr. McCarthy stated that the Planning Board is reviewing the proposed curb cuts. Since there is
no parking at the existing fire hydrant, a new parking space may be added where the old curb cut
is removed, or the number of spaces will remain unchanged.
Gorete Crowe asked if the driveway tandem spaces would allow vehicles to enter and exit
separately and why the Applicant is proposing a three-family building instead of a two-family
building.
Mr. Constabile stated that the tandem driveway spaces would be assigned to one unit to
coordinate with each other. The Applicant is seeking a three-family residence to cover the costs
associated with the demolition and construction on the property.
Gorete Crowe asked Sean McCarthy to confirm how may parking spaces are required.
2

(ZBA 5/15/2024)

�Mr. McCarthy stated that the Code requires a three-family residence to have (1) parking space
per dwelling unit and (1/2) space per bedroom. Since (9) bedrooms are proposed, (8) parking
spaces are required where (5) spaces are proposed. If the Applicant proposed constructing a twofamily residence, (2) parking spaces would be required regardless of the bedroom counts. Since
this site contains two lots, the Applicant could propose constructing a single-family house on one
and a two-family house on the second and only require (3) parking spaces.
Chairman Church moved to open the public hearing.
Moved: Church
Seconded: Crowe

Vote 6-0

Chairman Church solicited comments from the public.
There were no comments from the public.
Chairman Church moved to close the public hearing.
Moved: Church
Seconded: Lis

Vote 6-0

Chairman Church stated that the requested variance for the required lot area is an existing nonconforming condition. The proposed front yard setback of 2.9 feet relates to only the entrance
overhang on Depeyster Street. The building's front yard setback proposes to be set back 4 feet
further than the existing structure. The building’s proposed side yard setback from Valley Street
would increase from less than 2 feet to 10 feet. The proposed structure will be more conforming,
proportional, and appropriate for the neighborhood. Although the Applicant proposes to replace a
single-family residence that includes (1) parking space with a three-family residence with (5) of
(8) required parking spaces, the same goal could be accomplished with one building on each
property lot.
Mr. McCarthy stated that the Planning Board is reviewing the application related to the loss of
on-street parking spaces, landscaping, and the architecture of the building design.
Thomas Chang asked if the Board had concerns about assigning parking spaces to the tenants.
Chairman Church stated that the Board has found that building owners often charge an additional
fee to use a parking space on site. Instead of paying the additional rent, tenants find parking
spaces on the street. As a condition of approval, the Board requests that the Applicant agree to
designate a parking space for each unit without charging an additional rental fee.
Marcelo Poguio owns the property. Mr. Poguio stated that the building will be occupied by
family members and that he agrees to designate the parking spaces for the units at no additional
fee.
Sandra Tripp suggested that the condition should include restricting the tenants from subleasing
parking spaces for other purposes.
3

(ZBA 5/15/2024)

�Chairman Church moved to approve the application with the conditions discussed with the
Applicant.
Moved: Church
Seconded: Tripp
Timothy Church, Chairman - yes
Carol Lyden - yes
Gorete Crowe - yes
Thomas Chang - yes
Sandra Tripp - yes
Craig Lis- yes
Vote 6-0

APPROVED

2. KO Group, LLC, 279 North Washington Street, Proposed conversion to a three-family
residence- Public hearing
Chairman Church read the public notice, listed the documents submitted with the application,
and confirmed with Sean McCarthy that the Building Department received the mailing receipts.
William Simeoforides stated that he is the Architect representing the Applicant. Mr.
Simeoforides stated that the previous owner had illegally fitted the third floor for a two-bedroom
apartment. To sell the property, the previous owner applied for permits to remove the illegal
finishes. The current owners applied in 2013 and received approval from the Zoning Board of
Appeals to construct the one-bedroom unit but never moved forward with the project. The
current application is requesting to construct a one-bedroom apartment instead of a two-bedroom
unit on the third floor.
Chairman Church asked Sean McCarthy if the Zoning Code required a variance to convert to a
three-family residence in 2013.
Sean McCarthy stated that converting to a three-family residence required the same variances in
2013. The approved variances expired because the owners didn’t apply for or receive permits
within a year.
Chairman Church asked if the same application was approved in 2013.
Mr. McCarthy stated that the Applicant is seeking the same approval.
Mr. Simeoforides described the existing and proposed floor plans and stated that the application
proposes creating a back-stair entrance extending from the existing rear deck stairs. Mr.
Simeoforides stated that the site plan includes the removal of a rotted tree. Although they can
provide (6) parking spaces on site, the configuration doesn’t conform with the Village Code
requirements and requires requesting a variance for (2) spaces. Mr. Simeoforides presented the
elevation plans and photographs of the existing house and property to detail where a tree needs to
be removed.
4

(ZBA 5/15/2024)

�Sandra Tripp asked Mr. Simeoforides to describe how a tenant would access the third-floor
apartment.
Mr. Simeoforides stated that the tenant could access the third-floor apartment through the
common interior stairs or from the new stair extension.
Thomas Chang asked if the rear staircases would be covered.
Mr. Simeoforides stated that the existing and proposed rear stairs are open.
Chairman Church asked Mr. Simeoforides for the existing side yard setback.
Mr. Simeoforides stated that the existing side yard setback is 2.5 feet to the deck, and the front
yard setback is 13.0 feet to the porch.
Chairman Church asked if the requested side yard setback is for a pre-existing deck structure and
if the variance would be required if there wasn’t a deck.
Mr. Simeoforides stated that the existing deck requires the side yard variance.
Chairman Church asked for the total number of bedrooms in the building.
Mr. Simeoforides stated that, including the new application, there would be a total of (6)
bedrooms.
Gorette Crowe asked if they propose to remove the shed and suggested it may allow for more
parking spaces on the property.
Mr. Simeoforides stated that they proposed removing the shed, but it wouldn’t allow enough
space to create additional parking.
Chairman Church moved to open the public hearing.
Moved: Church
Seconded: Lis

Vote 6-0

Chairman Church solicited comments from the public.
There were no comments from the public.
Chairman Church moved to close the public hearing.
Moved: Church
Seconded: Lis

Vote 6-0

Chairman Church proposed to approve the variances and stated that the front yard setback is an
existing non-conforming condition. The Applicant is not seeking to expand the building’s
footprint. The deck is an existing encroachment into the sideyard setback and is consistant with
the character of the neighborhood. Although the Applicant is proposing (3) apartment units,
5

(ZBA 5/15/2024)

�where (6) parking spots are required, they are providing (4) legal spaces and (2) non-conforming
spaces that could be utilized by the building tenants. The third floor apartment will not be a
detriment to the nearby properties. The proposed third unit will not impact the physical or
environmental conditions of the neighborhood. The proposed variances are not substantial. There
is no other feasible method to obtain the benefit sought by the owner. Although the request to
convert the two-family residence to a three-family residence is a self-created hardship, the
request is reasonable and not the only factor the Board considers when granting variances. An
approval will include a condition for the Applicant to designate (1) parking space for each unit
without charging an additional rental fee and restrict the tenants from subleasing parking spaces
for other purposes.
Chairman Church moved to approve the application with the conditions..
Moved: Church
Seconded: Tripp
Timothy Church, Chairman - yes
Carol Lyden - yes
Gorete Crowe - yes
Thomas Chang - yes
Sandra Tripp - yes
Craig Lis- yes
Vote 6-0

APPROVED

3. Approval of minutes, April 17, 2024
Chairman Church moved to approve the April 17, 2024 minutes.
Moved: Church
Seconded: Tripp
Timothy Church, Chairman - yes
Carol Lyden - yes
Gorete Crowe - yes
Thomas Chang -yes
Sandra Tripp- yes
Craig Lis- yes
Vote 6-0

APPROVED

Chairman Church moved to adjourn the meeting at 8:04 P.M
Moved: Church
Seconded: Tripp

Vote 6-0

Respectfully Submitted,
Pamela Kroll
Secretary to the Zoning Board of Appeals
6

(ZBA 5/15/2024)

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                    <text>Village of Sleepy Hollow
Zoning Board of Appeals Meeting
April 17, 2024
Chairman Timothy Church called the meeting to order at 7:04 pm.
Present:

Timothy Church, Chairman
Carol Lyden
Gorete Crowe
Thomas Chang
Sandra Tripp

Also Present:

Sean E. McCarthy, Village Architect
Pamela Kroll, Secretary to the Zoning Board of Appeals (Virtual)

Absent:

Craig Lis

Agenda:
1) Shiva Bhashyam and Hayley Reed, 4 Kingsland Road, Proposed 5-foot high fencing Public hearing
2) Approval of minutes, March 20, 2024
1. Shiva Bhashyam and Hayley Reed, 4 Kingsland Road, Proposed 5-foot high fencingPublic hearing
Chairman Church read the public notice, listed the documents submitted with the application,
and confirmed with Sean McCarthy that the Building Department received the mailing receipts.
Hayley Reed stated that she is the property owner requesting a variance to install 30 feet of 5foot-high fence in the front yard. The proposed fence would be the same style as the backyard
fence of the owner of 5 Evergreen Way. She presented her property survey showing the proposed
fence location. Ms. Reed presented photographs of the property and stated that the proposed
fence would run parallel between a portion of 5 Evergreen Way’s driveway and the holly trees in
their backyard. All existing vegetation would remain.
Chairman Church asked Ms. Reed if the existing 5-foot vinyl fencing is on the neighbor's
property.
Ms. Reed stated that the existing 5-foot fence is on the neighbor's property.
Chairman Church asked Sean McCarthy if the black chain link fence complies with the Code.

1

(ZBA 4/17/2024)

�Mr. McCarthy stated that the chain-link fence does not comply with the Zoning Code. The lot
was subdivided, and when the house on 5 Evergreen Way was built. The chain-link fence may
have been a requirement for the old pool enclosure.
Chairman Church asked Ms. Reed if she plans to keep the chain-link fence and if the new fence
is proposed to close off the backyard.
Ms. Reed stated that they are seeking to close off their backyard fully and plan to keep the chainlink fence.
Chairman Church asked how far the black chain link fence is from the road.
Mr. McCarthy stated that the existing chain link fence is 6.9 feet from the property line.
Sandra Tripp asked Mr. McCarthy to confirm the setback requirements.
Mr. McCarthy stated that the required setback is 30 feet. Within that 30 feet, a 3-foot high fence
is permitted. Beyond the 30-foot setback, a 5-foot fence is permitted.
There was a discussion regarding the property's grade and the visibility of the proposed fence.
Chairman Church asked if the existing vegetation would remain.
Ms. Reed stated that the fence would be installed behind the bushes, and they would cover it.
Chairman Church moved to open the public hearing.
Moved: Church
Seconded: Crowe

Vote 5-0

Chairman Church solicited comments from the public.
There were no comments from the public.
Chairman Church moved to close the public hearing.
Moved: Church
Seconded: Tripp

Vote 5-0

Sandra Tripp stated that although her request is reasonable, she is concerned about what will
happen when the chain-link fence needs to be replaced.
Chairman Church stated that the Board is there to decide on whether or not to approve 30 feet of
the 5-foot high white vinyl fencing. Approval of the existing chain-link fence is not a part of the
application. The downward slope of the property is important in this application because the
fence will appear as a 3-foot high fence to the neighboring property owner and would block the
view from the neighbors driveway to the applicants backyard. The existing vegetation will
obstruct the view of the fence.
2

(ZBA 4/17/2024)

�Chairman Church stated that the proposed fence extension is not substantial as it would not
extend to the road and not cause an obstruction to the vehicles on the road or the neighboring
property owner. The proposed fence would not create a detriment to the neighborhood's
character as it will be similarly aesthetic to the neighbor's 5-foot fence. The proposed fence
would not adversely affect the physical or environmental conditions of the neighborhood.
Although the requested variance is a self-created hardship, it is not the only factor the Board
considers when granting a variance.
Chairman Church moved to approve the application.
Moved: Church
Seconded: Tripp
Timothy Church, Chairman - yes
Carol Lyden - yes
Gorete Crowe - yes
Thomas Chang - yes
Sandra Tripp - yes
Vote 5-0

APPROVED

2. Approval of minutes, March 20, 2024
Chairman Church moved to approve the March 20, 2024 minutes.
Moved: Church
Seconded: Crowe
Timothy Church, Chairman - yes
Carol Lyden - yes
Gorete Crowe - yes
Thomas Chang -yes
Sandra Tripp- yes
Vote 5-0

APPROVED

Chairman Church moved to adjourn the meeting at 7:25 P.M
Moved: Church
Seconded: Tripp

Vote 5-0

Respectfully Submitted,
Pamela Kroll
Secretary to the Zoning Board of Appeals

3

(ZBA 4/17/2024)

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                    <text>Village of Sleepy Hollow
Zoning Board of Appeals Meeting
March 20, 2024
Chairman Timothy Church called the meeting to order at 7:04 pm.
Present:

Timothy Church, Chairman
Craig Lis
Gorete Crowe
Thomas Chang

Also Present:

Sean E. McCarthy, Village Architect
Pamela Kroll, Secretary to the Zoning Board of Appeals
(virtual attendance)

Absent:

Carol Lyden
Sandra Tripp

Agenda:
1) Dennis &amp; Jenny McMahon, 535 Bellwood Avenue, Proposed additions and alterations Public hearing
2) Approval of minutes, January 17, 2024
1. Dennis &amp; Jenny McMahon, 535 Bellwood Avenue, Proposed additions and alterationsPublic hearing
Chairman Church read the public notice, listed the documents submitted with the application,
and asked Sean McCarthy to confirm that the Building Department received the mailing receipts.
Mr. McCarthy stated that the Building Department received proof of the mailing.
Chairman Church stated that when only four Board members are present, the vote must be
unanimous to grant the variances. The applicants may request the Board to vote on the
application or postpone the vote to the next meeting. If the vote is not unanimous, the applicants
may resubmit the application in six months or revise the application for the next meeting.
Chairman Church invited the applicant to present the application.
Frank Tancredi is the architect representing the Applicants. Mr. Tancredi stated that the
application proposes to add a mudroom at the back of the garage and an open covered porch at
the front of the house. The proposed vertical wall extension would not increase the setback of the
non-conforming rear yard. The proposed front porch addition would increase the existing nonconforming front yard setback from 25.7 feet to 20.5 feet and will tie in architecturally with the
1

(ZBA 3/20/2024)

�house. The application requires a variance for the proposed increase in building coverage
resulting from the additions.
Chairman Church and Mr. Tancredi discussed the existing non-conforming conditions of the
house and property.
Chairman Church solicited questions from the Board.
Gorete Crowe asked Mr. Tancredi if the Applicants are proposing plantings around the front
porch.
Mr. Tancredi stated that the Applicants propose to replace the existing plantings with low height
shrubbery to the left and right of the front porch steps.
Chairman Church moved to open the public hearing.
Moved: Church
Seconded: Lis

Vote 4-0

Chairman Church solicited comments from the public.
Scott Larsen is the owner of 107 Harwood Avenue. Mr. Larsen stated that he supports the
application and the proposed additions will add value to the neighborhood.
Chairman Church moved to close the public hearing.
Moved: Church
Seconded: Chang

Vote 4-0

Chairman Church stated that the Board received the letter of support from Cory Krall, the owner
of 44 Harwood Avenue, and there has been no opposition to the application.
Chairman Church proposed granting the requested variances. Mr. Church stated that the
additional 4-5 foot encroachment into the existing non-conforming front yard setback is similar
to the house on the north side of the Applicant’s property. The proposed front porch and secondfloor additions will not be a detriment to the nearby properties and will aesthetically improve the
neighborhood's character. There is no other feasible method to obtain the benefit sought by the
applicants to have a front porch. The proposed 1.6% increase in the building footprint will not be
noticeable and is minor in relation to the permitted Zoning Code coverage. The proposed
additions will not have an impact on the physical or environmental conditions of the
neighborhood. Although the requested variances are a self-created hardship, the requests are
reasonable with the existing non-conforming setbacks and the Zoning Code requirements.
Chairman Church moved to approve the application.
Moved: Church
Seconded: Chang
Timothy Church, Chairman - yes
Craig Lis - yes
Gorete Crowe - yes
2

(ZBA 3/20/2024)

�Thomas Chang - yes
Vote 4-0

APPROVED

2. Approval of minutes, January 17, 2024
Chairman Church moved to approve the January 17, 2024 minutes.
Moved: Church
Seconded: Lis
Timothy Church, Chairman - yes
Craig Lis - yes
Gorete Crowe - yes
Thomas Chang - yes
Vote 4-0

APPROVED

Chairman Church moved to adjourn the meeting at 7:23 P.M
Moved: Church
Seconded: Chang

Vote 4-0

Respectfully Submitted,
Pamela Kroll
Secretary to the Zoning Board of Appeals

3

(ZBA 3/20/2024)

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                    <text>Village of Sleepy Hollow
Zoning Board of Appeals Meeting
January 17, 2024
Chairman Timothy Church called the meeting to order at 7:04 pm.
Present:

Timothy Church, Chairman
Craig Lis
Gorete Crowe
Thomas Chang

Also Present:

Pamela Kroll, Secretary to the Zoning Board

Absent:

Carol Lyden
Sandra Tripp
Sean E. McCarthy, Village Architect

Agenda:
1) Jacob Davis &amp; Lauren Sullivan, 220 Hunter Avenue, Proposed one-story addition and
front porch addition - Public hearing
2) Approval of minutes, November 15, 2023
1. Jacob Davis &amp; Lauren Sullivan, 220 Hunter Avenue, Proposed one-story addition and
front porch addition - Public hearing
Chairman Church read the public notice, listed the documents submitted with the application,
and asked Pamela Kroll to confirm that the Building Department received the mailing receipts.
Pamela Kroll stated that the Building Department received proof of the mailing.
Chairman Church invited the applicant to present the application.
Christopher Barbagli stated that he is the architect representing the applicants. Mr. Barbagli
stated they are seeking a variance to reduce the front yard setback by 3 1/2 feet. Mr. Barbagli
stated that the existing house does not have a front entrance. There are side entrances on the
house's driveway and living room sides. The application proposes constructing a
mudroom/vestibule addition and a covered front porch addition to enhance the house's aesthetics
and provide outdoor living space. Only 4 1/2 feet from the property setback line is currently
available to construct a porch.
Chairman Church asked Mr. Barbagli to present and describe the drawings.

1

(ZBA 1/17/2024)

�Mr. Barbagli presented the proposed elevation drawing and stated that the proposed mudroom
addition would replace the living side entrance, limit the weather elements from coming into the
house, and provide a front entrance facing the street.
Chairman Church asked Mr. Barbagli if the proposed porch is open and accessible from the
vestibule. Chairman Church asked if the proposed vestibule would be in the setback.
Mr. Barbagli stated that the porch would be open and accessible from the double doors of the
vestibule. The proposed vestibule is not in the setback.
Craig Lis asked Mr. Barbagli for the proposed depth of the front porch.
Mr. Barbagli stated that the proposed porch would have a depth of 8 feet, with 3 1/2 feet
encroaching into the required front yard setback.
Chairman Church asked Mr. Barbagli if the porch stairs would encroach into the front yard
setback.
Mr. Barbagli stated that only the porch would encroach into the front yard setback.
Chairman Church stated that the applicants are requesting a variance to construct a front porch
that encroaches 3 1/2 feet into the required 30-foot front yard setback. The proposed vestibule
addition does not require a variance for the side yard setback.
Chairman Church moved to open the public hearing.
Moved: Church
Seconded: Lis

Vote 4-0

Chairman Church solicited comments from the public.
There were no comments from the public.
Chairman Church moved to close the public hearing.
Moved: Church
Seconded: Chang

Vote 4-0

Chairman Church stated that when only four Board members are present, the vote must be
unanimous to grant the variance. The applicants can request the Board to vote on the application
or postpone the vote to the next meeting. If the vote is not unanimous, the applicants may
resubmit the application in six months or revise the application for the next meeting.
Chairman Church stated that the pictures submitted show that the applicant’s house is behind the
plane of the neighboring property. Although the proposed one-story open porch will extend over
the plane of the neighboring property, it would not be a noticeable encroachment in the required
30-foot setback. The proposed front porch and vestibule addition will improve the aesthetics of
the house.
2

(ZBA 1/17/2024)

�Craig Lis stated that the open porch differs from constructing a solid wall, and the requested
variance is minor compared to the required front yard setback.
Gorete Crowe stated that the open porch would not create a visual obstruction from either side of
the applicant’s property.
Lauren Sullivan is the owner of the property and requested that the Board take a vote on the
application.
Chairman Church proposed granting the requested variance based on the following criteria:
1. The requested variance from the front porch addition will not be a detriment to the nearby
properties, as the proposed additions will enhance the aesthetics of the neighborhood.
2. There is no other feasible method to obtain the benefit sought by the applicants to have a
front entrance and usable front porch.
3. The requested area variance is not substantial in relation to the 30-foot required front yard
setback.
4. Granting the area variance will not cause an impact on the physical or environmental
conditions of the neighborhood.
5. Although the requested variance is a self-created difficulty, there are other factors the
Board considers when granting a variance.
Chairman Church moved to approve the application.
Moved: Church
Seconded: Lis
Timothy Church, Chairman - yes
Craig Lis - yes
Gorete Crowe - yes
Thomas Chang - yes
Vote 4-0

APPROVED

2. Approval of minutes, November 15, 2023
Chairman Church moved to approve the November 15, 2023 minutes, as amended
Moved: Church
Seconded: Crowe

Vote 4-0

Chairman Church moved to adjourn the meeting at 7:20 P.M
Moved: Church
Seconded: Change

Vote 4-0

3

(ZBA 1/17/2024)

�Respectfully Submitted,
Pamela Kroll
Secretary to the Zoning Board of Appeals

4

(ZBA 1/17/2024)

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