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                  <text>REGULAR MEETING

MARCH 28th, 2001

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A regular meeting of the Sleepy Hollow Architectural Review
Board was held on Wednesday, March 28th, 2001 at 8 P.M. in the Village
Hall, zS Beekman Avenue, Sleepy Hollow, N.Y.
PRESENT:

James Nazemetz, Chairman
Elvira Aloia
Robert Barstow
Sean McCarthy
Barbara Fina
Thomas Capossela
Louis Falasca

ALSO PRESENT: James Margotta, Building Inspector
Ed Larimers, Attorney
Chairman Nazemetz called the meeting to order at 8:00 P.M.
1.

ROBERT &amp; CARRIE WELCH, 260 KELBOURNE

AVENUE-ADDITION.

Mr. McCarthy recused himself from participating in the meeting
as he is the Architect for the project.
Mr. McCarthy presented affidavit of proof of mailings to the
Clerk.
Mr. McCarthy outlined the plans for an additiion to the property
located at 260 Kelbourne Avenue stating it would be an addition of a small
dormer to the third floor attic, an extension to the existing one story on the
southwest side of the house and a 4 x 4 one story entry attached to the
house. He also stated that new windows would be installed, internal
alterations would be made, and that the new addition would match the old
portions of the house.
Mr. McCarthy presented photographs as the house now exists, and
stated that he has received approval of the Zoning Board for the project.
Mr. Mccarty stated that the addition will be a Master Bedroom, with bath
and closet, it will enlarge the kitchen and breakfast room and the 4 x 4
entry way.
Mr. Falasca moved, seconded by Ms. Fina to open the meeting for
public comments. Carried.
Mr. Nicholas Robinson of 258 Kelbume Avenue presented a letter
dated March 26, 2001 stating hia objections to the proposed addition
(copy in official minutes). Mr. Robinson stated he also objected to Mr.
McCarthy being a member of the Board and representing Mr. &amp; Mrs. Welch.
Mr. Robinson asked that the application be withdrawn and they go back to
the drawing board and confer with him and his wife.
Mrs. Robinson stated thay had lived in their house for over thirty
years and had a beautiful view of xhe River but^the addition is too big and
would block their view.
Mrs. Cartenuto, a resident of Philipse Manor stated she felt that
the addition was too big and would block the view for the neighbors.

�-2Mr. McCarthy stated that the drawings corresponds to the survey
as submitted, he has complied with the Zoning and the N.Y.. Bui±ding Code
which allows for a two story addition. He also stated there is a distance
of fifteen feet from the side property line and not nine feet as Mr. Robinson
has stated.
There being no further comments, Mr. Falasca moved, seconded by Mr.
Capossela to close the meeting for public comments, carried.
Discussion followed regarding the rights of an Architect to serve
on the Board and to represent applicants for approval of plans.
Mr. Lammers stated that the Code calls for tv*o architects to be
members of theKrchitectural Review Board and if Mr. McCarthy recuses himself
from making a decision it is not a violation of the Code unter the Section
on Ethics. He also stated that according to the Code an Architect should
notify the Board of Trustees that he represents someone appling for approval
of an application and recuse himself.
Mr. McCarthy stated he has been a member of the Board for over
eight years and has always recused himself from participating when he
represents a client, but it is his livelihood and if need be he would
resign from the Board. He also stated he lives in the Village and enjoys
donating his time for the Village.
Chairman Nazemetz stated he would meet with the Mayor to discuss
the matter.
Mr. Capossela moved, seconded by Ms. Fina to approve the project
as submitted.
Mr. Nazemetz polled the Board as follows:
Ms. Aloia
- No
Ms. Fina
- Yes
Mr. Capossela - Yes

Mr. Barstow - Recused.
Mr. Falasca - Yes
Mr. Nazemetz - Yes

Mr. Nazemetz declared the motion carried.
2.

LOREN FOX &amp; JOHN BARAN, 260 MILLARD AVENUE - ADDITION &amp; ALTERATION.
Mr. Mouarthy recused himself as he is the Architect for the applicant.
Mr. McCarthy presented affidavit of proof of mailings to Clerk.

Mr. McCarthy presented plans and pictures showing the house and
outlined the proposed alterations and addition, which would include reconstruction of the garage, provide access from the garage to first floor of house,
create a new porch, add to present kitchen, restucco the house, install
skylights, and install a new roof.
Mr. Falasca moved, seconded by Ms. Aloia to open the meeting for
public comments. Carried.
There being no public comments, Mr. Nazemetz moved, seconded by Mr.
Capossela to close the meeting for public conments. Carried.

�-3After discussion, Mr. Falasca moved, seconded by Mr. Barstow to
approve the application as submitted. Carried.
3.

HAIG &amp; VALERIE BGHIGIAN, 225 HUNTER AVENUE-CONTINUED.

Mr. Bohigian stated that at the last meeting the Board had raised
four issues, mainly posts, railings, ground cover and the deck and the
right side balcony.
Mr. Falasca moved, seconded by Mr. Capossela to open the meeting
for public comments. Carried.
Barbara Daly a resident of Hunter Avenue for over thirty years
stated she had no objection to the project.
There being no further public comments, Mr. Nazemetz moved, seconded
by Ms. Aloia to close the meeting for public comments. Carried.
After discussion, Mr. Barstow moved, seconded by Mr. Capossela to
approve the plans as requested. Carried.
4.

MICHAEL J. PALAZZI, 11 LAKEVIEW AVENUE RENOVATIONS.
Mr. Palazzi presented affidavit of proof of mailings to Clerk.

Mr. Palazzi presented plans and outlined the project which would
consist of changing roof lines, patio work, installing brick on front of
house and other minor repairs.
Mr. Nazemetz moved, seconded by Mr. Capossela to open the meeting
for public comments. Carried.
There being no public carments, Mr. Nazemetz moved, seconded by
Ms. Aloia to close the meeting for public comments. Carried.
After discussion Mr. Barstow moved, seconded by Mr. Falasca that
the application be approved as submitted except that the roof be changed
from a hip roof to a gable roof. Carried.
5.

DOLPHIN FITNESS CLUB, 300 N. BROADWAY-SIGNS.

Mr. Sam Viera, Architect representing Dolphin Fitness Club
asked for approval of temporary signs at the Club and stated they would be
making repairs at a future date.
Discussion followed regarding size, type of signs, parking, size
of garage doors, and awnings.
Ms. Fina moved, seconded by Ms. Aloia to open the meeting for
public comments. Carried.
There being no public comments, Ms. Aloia moved, seconded by Mr.
Falasca to close the meeting for public comments. Carried.
Discussion followed and it was stated that the Building Inspector
was allowed to renew the application every thirty days.

�-4Mr. Falasca moved, seconaed by Mr. Capossela that the application
be approved as submitted. Carried.
6.

IATIN COURIER EXPRESS, 110 BEEKMAN AVENUE-CONTINUED.
Applicant did not appear.

7.

IAURENTINO RODRIGUES ENTERPRISES, 180 VALLEY STREET-CONTINUED.

Mr. Ron Turnquist representing Mr. Rodrigues presented plans
and revised drawings, stating the elevations are different but jblans
are the same as previously submitted.
Mr. Turnquist stated that the parapet wall has been raised and will
be covered with vines or ivy, there will be a security gate installed,
fence will be painted black with detail and gates to match and stated there
will be planting in front of building and at the back of the building.
Mr. Turnquist stated he has received approval of the Planning
Board and the Waterfront Commission.
Mr. Nazemetz moved, seconded by Mr. Capossela to open the meeting
for public comments. Carried.
There being no public comments, Mr. Nazemetz moved, seconded by
Ms. Aloia to close the meeting for public comments. Carried.
Discussion followed regarding the height of the building, with
several members stating they felt the building was too tall, that the
Board's suggestion regarding columns was taken, and the cupola would match
the cupola on the adjacent building, also owned by Mr. Rodrigges.
Mr. Falasca moved, seconded by Ms. Fina to approve the plans
as submitted.
Mr. Nazemetz polled the Board as follows:
Ms. Aloia
- Yes
Mr. Capossela - Yes
Ms. Fina
- Yes

Mr. Barstow
Mr. Falasca
Mr. Nazemetz

- No
- Yes
- Yes.

Mr. Nazemetz declared the motion carried.
MINUTES
Mr. Falasca moved, seconded by Mr. Capossela that the minutes of
the meeting held on February 28th be approved as submitted. Carried.
Mr. Nazemetz stated that the next meeting of the Board would be held
on April 25th, 2001.
There being no further business to come before the Board, Mr. Falasca
moved, seconded by Mr. Nazemetz that the same be duly adjourned. Carried.
Respectfully suimifeted, C I j

IRENE AMATO, ACTING CLERK

\

�Shelley &amp; Nicholas Robinson
258 Kelburne Avenue
Sleepy Hollow, New York 10591
(914) 631-7028

March 26, 2001

Mr. Robert Welch
260 Kelburne Avenue
Sleepy Hollow
New York 10591

BY HAND DELIVERY

Dear Bob,
Thank you for your certified letter dated March 16, 2001, advising us that you had
on March 16th filed plans with the Sleepy Hollow Board of Architectural Review for a
substantial addition to your house, including expanding the second floor, raising the roof
over the master bedroom and adding dormers to the attic. We picked up the letter from
the post office last week.
We have reviewed the plans on file with the Village, and would request that you
reconsider them. Fundamentally, the way you plan to add to the bulk of your building
will interview with the view of the Hudson from our property and from the public lane
which provides access to both our properties. We have tried to be helpful to you as
neighbors since you moved in. We were not pleased, as you know, with your decision to
place your noisy air conditioning compressor unit opposite our front porch, without
discussing this with us first. We did not object to your removal of the five foot fence that
the Lewis' had maintained for decades between our small yards, or to your decision to cut
down several mature trees that graced your property. We have been tolerant of the trucks
you have in the lane, although they have often impeded Shelley's response to ambulance
calls. We did not object to your acquisition of the paper road owned by the Village west
of your property. Your present proposal, however, would be injurious to us and we are
constrained to object.
Your proposed addition of a much expanded second and third story to your house
will significantly affect the quiet enjoyment of our property. Before describing our
serious concerns, may 1 point out two technical problems you have. First, you are using
an old 1957 survey, and you should use a current survey. In actuality your present
building is only 9 feet from the lot line on the side lot between our properties, and you do
not have the set back of 10 feet required under the Village Code (Schedule of
Regulations, Part III, for R-2 zone lot) in order to expand the bulk of that portion of your

�*

Robert Welch

-2-

March 26, 2001

building. If you can produce a current survey that shows otherwise, I would be happy to
take a look at it. Second, the New York State Building Code limits a building such as
yours (Type 5 construction) to 2 stories, and even if you put the dormer windows into
your attic that story could not legally be habitable space (Sections 705.2(b), and
606.3(2)(100) of the NYS Building Code). It appears that the Village does not have the
authority to grant you the changes that you are seeking, and therefore it would be
appropriate for you to withdraw your application and to reconsider your plans.
Even if these problems did not exist, however, there are several reasons why we
invite you to withdraw your application. We gathered from your discussions with us
when you sought to buy the Village paper road to the west of your property that you
intend eventually to expand your house in that direction, with the addition of a new
garage and second story above it. Would it not would make much more sense for you to
submit all your plans together, so that the neighbors and Village officials can properly
evaluation the full scope of your intended changes? Your house was designed with an
integrity of scale, to fit onto a difficult site. The addition of bulk on the back of your
house deprives it of a balanced design and compromises the integrity of the building.
Your proposed plans, in short, would not be as lovely as the existing building, and from
aesthetic considerations alone should not be endorsed by the Board of Architectural
Review. Our Village does not need to evolve toward "MacMansions." Had you wanted
to live in a larger home, there are many to be found.
Your proposal will eventually have to be referred to the Local Waterfront
Revitalization Committee for consistency findings under the Village LWRP. The
proposed interference with the viewshed violates the Village of Sleepy Hollow's LWRP
Policies 23, 23A, 23B, 23C and 25, 25A and 25B, and should be revised so as not to
violate those policies. The Village should not have new bulk added to houses so as to
wall off views of the River from other parts of the Village. The views from the public
lane are important, especially since the lane is narrow. The views from the lane should
not be encroached upon. You need to reconsider your ideas in light of these Village
coastal zone planning policies.
More fundamental from our neighborly perspective, is the way your proposal
would destroy much of our south-west views toward the Hudson River. Our house once
faced the River, as yours does now, and when your house was build (blocking the full
River view from our house) the original builder was careful to leave corner angle views

�Robert Welch

-3-

March 26,2001

from our property. We have enjoyed these views. We moved to Philipse Manor in 1972
because the neighborhood was fully built (with the exception of a few vacant lots) We
did not expect building proposals that would further restrict our River views. The
proposed roof raising and expansion your second story restrict our southwesterly river
views from our patio, yard, garage sun roof, and from the interior windows of our house.
For instance, your proposal to raise the roof over your master bed room will wipe out the
southwest view of the Hudson from our master bed room. Moreover, since river views
add substantially to real estate value, your plans to restrict our views could diminish our
property value. If you persist in your application, we shall have to rely on the Board of
Architectural Review to respect our existing property rights, and ask the Board not
approve your plans which, if approved, would - in effect - constitute an act of inverse
condemnation, and be an unlawful taking our property rights and values.
Your proposals to add new windows are also an intrusion since the new windows
peer directly into our back year. Our first reaction to your plan was that now we shall
have to build back the five foot fence between our lots, just so that we can restore a
modicum privacy to our lot. The dormer windows, from the non-habitable attic, will loom
toward our yard. There are other ways to bring light into your attic that are less intrusive
to your immediate neighbors. Have you considered them?
Finally, we note that you have retained a fine architect for your proposal, Sean E.
McCarthy, and we are grateful that you seek to maintain the same architectural style (if
not the bulk) with a quality architectural firm. However, we must note that it is not proper
for a Member of the Board of Architectural Review to appear before that same Board
representing you as an applicant. It is fundamental element of good government and
ethics in New York State that Board Members not appear before the Boards on which
they serve. It is not enough to have a member recuse himself or herself as employment
conflicts arise. We do not wish to recommend that Sean McCarthy step down from his
service on our Village's Architectural Review Board, or seek a formal ethics ruling about
his status thus far, and it would just be best if you simply withdrew your application in

�Robert Welch

-4-

March 26,2001

light of these problems also. After you have withdrawn your application, may we
respectfully suggest that you consider retaining a representative to appear before the
Board whose position will not entail the appearance of a conflict of interest.
We look forward to discussing your plans with you, and hope that you will
reconsider your proposals.
Very truly yours,

Shelley M. Robinson

cc: Mayor
Board of Architectural Review
Building Inspector
Barstow, Cartenuto, Dionne, Engle,
Gilliat, Hawes, Kelly, Marlow, and Pappas
Harrie Lewis

Nicholas A. Robinson

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