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                  <text>A regular meeting of the Zoning Board of Appeals was held on May 21, 1997 at 8:00 PM in
Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591
Members Present:

Also Present:

Robert Anello, Chairman
Linda Moiron
John Morabito
Eliot Martone
Miguel Jiminez
Angelo LoMoscolo
James Timmings, HI
James Margotta, Building Inspector
Janet Gandolfo, Esq.

IN THE MATTER OF 160 CORTLANDT STREET. SLEEPY HOLLOW. NEW YORK
10591
Mr. Hughes, Esq. asked for a one month adjournment. With respect to the parking plan, there
are doubts for feasibility.
The Zoning Board had no objections and agreed to Mr. Hughes request.
IN THE MATTER OF 358 NORTH BROADWAY. SLEEPY HOLLOW. NEW YORK
10591
Mr. Anello stated that a number of letters were received by the public concerning the above
matter.
Mr. Hughes stated that his presentation was brief because his client is withdrawing the
application for variances. Mr. Hughes also stated that the application should be submitted to the
Planning Boardfirst,to apply for variances at this time is premature.
Mr. Anello stated that there was concern about whether or not the building was or is 50%
destroyed. Mr. Hughes stated that the intention is not to proceed and that his client has been
stopped.
At this point during the meeting Mr. Anello read a letter by Jim Carlin and the Sleepy Hollow
Society (in official minutes). The Zoning Board at this time allowed informal comments.
Mr. Carlin asked if this monstrosity (frame) should be taken down. Mr. Anello stated that it is
up to the building inspector not the Zoning Board.

�Mr. Caetano stated that two other good structures were built on Route 9 and that we are not
here to satisfy certain groups of people, but the community as a whole.
Mr. Shibetti stated that the building will look good and it will bring taxes into the Village. The
Rodrigues family puts up good buildings.
Mr. Piano, president of the Philipse Manor Improvement Association read a letter concerning
this project, (in official minutes).
Mr. Weiss of 2 Terrace Close stated that procedure is very important. The building is excessive
for the site.
Mr. Shere of 63 Fremont Road stated that when looking at future plans for someone who is
using the site, the parking lot abuts the property which is already being used.
Mr. Anello stated that due process and procedure will be followed before everything is done.
Mr. LoMoscolo stated that this is a lengthy process. Philipse Plaza was a benefit, the
redevelopment of the whole area is a good step. Mr. Rodriques should be commended. There
may be a way to improve parking, Mr. Rodrique has made significant efforts in the past.
JN THE MATTER OF 90 HOWARD STREET. SLEEPY HOLLOW, NEW YORK
10591
The residents of 90 Howard Street would like to put an addition onto the house. It was once a
single family home and changed into a two family. It is too small. The home has been given
two family designation, they would just like the addition for extra space. A setback is what is
needed for the front yard. Other homes in the neighborhood have the same front yard.
Mr. Morabito made a motion to close the public hearing, seconded by Mr. Martone. Motion
carried unanimously.
DISCUSSION
Mr. Timmings stated that it would legalize the front yard and it does not raise any parking
issues.
Mr. Jiminez made a motion to grant the variance, seconded by Mr. Morabito. Motion carried
unanimously.

-2-

�IN THE MATTER 17 CONTINENTAL STREET. SLEEPY HOLLOW. NEW YORK
10591
Mr. Hughes stated that Mr. Peter Galocky has passed away. He owned the property since the
1930's. It is under contract. This property is pre existing -non-conforming use. In reviewing
the tax assessment card, it shows a two family use and no building permit showing any type of
change. The property does not meet the first zoning code dated 1946. This 1920 style property
fits within the use.
Some letters have been providedfrompeople who are familiar with the property. They know
that the property has been used as a three family in the past.
Mr. Morabito stated that he used to live 50 feet near the property and it has always been a three
family.
Mr. Pat Guzzano of 3 Pleasant Street stated that since it is a three family there will be more
cars. This area has a lot of multi dwelling units.
Mr. Morabito made a motion to close the public hearing, seconded by Mr. Timmings. Motion
carried unanimously.
Mr. Morabito stated that is has been a three familyfromthe 1940's on, he feels there is no
reason to deny this application.
Mr. Morabito made a motion that this application be granted, seconded by Mr. Timmings.
Motion carried unanimously.
10591 IN THE MATTER OF 106 DEPEYSTER STREET. SLEEPY HOLLOW. NEW
YORK
Mr. Turnquist the architect for the applicant showed plans to the Board. The building on the
corner of Depeyster and Cortlandt Street is gutted. The walls andfloorsare in good shape.
The applicant would like to rehabilitate the buildingfroma rooming house to a legal seven
family residence which requires variancesfromthe Zoning Board. Originally it was a six family
house converted illegally to a rooming house.
Mr. Anello asked when did this happen. Mr. Margotta stated at least ten years.
Mr. Turnquist explained the working plan with existing partisans. Density and width are lacked.
Parking on the side is not feasible because the dumpsters are there. The brick will be redone, it
will have an awning and a new window dress and there is all stone masonry.

-3-

�Mr. Martone asked if there was a handicap parking spot. There is one near the church. The
apartment would be handicap accessible.
The garbage dumpster could not be put on the back because thefireescape that's there actually
over hangs someone else's property.
Mr. Burns of Depeyster Street stated that he commends Mr. Rodriques re building the
property, but there is no parking in the area. Also McCarthy taxi have more cars and take up a
lot of spaces. If the taxi service was revamped it would make it a little easier.
Ms.Gandolfo asked if state code requires handicap parking. Mr. Margotta said no, applicants
would have to come to the village board.
Mr. Morabito made a motion to close the public hearing, seconded by Mr. Timmings. Motion
carried unanimously.
DISCUSSION
Mr. Lomoscolo stated that if the building was used for retail, there would be a greater parking
requirement. Some of the Village areas are like Manhattan instead of suburban Westchester.
Mr. Anello stated that he is in favor of the rehabilitation, but every time an applicant has a
parking problem it is let go. The neighborhood is in need of more parking. The Fire Department
has complained that the street is over conjested.
Mr. Morabito asked what was done before thefirewhen there were 29 rooming houses? There
is no reason to ask this man for parking.
Mr. Jiminez believes that he should come up with some parking.
Mr. Timmings agrees that he is an accomplished developer and should be able to come up with
some parking.
Mr. Anello stated that if this is afinancialneed he needs to see the numbers he does not see
what the hardship is. He would have liked to see the cost of the construction, rentals, etc. It has
been asked for in the passed. Discussion ensued.
Mr. Morabito stated that he did not understand asking for economical need. It should only
matter if it meets the Zoning Code requirement. This building has been in existence for 75
years, and there was no parking before. Right now the building is an eye sore.
Mr. Rodriques asked if the board would consider six apartments instead of seven. The
application can be reduced.
-4.

�Mr. Jiminez stated that six families are fine.
Ms. Moiron asked if the handicap apartment was deleted will any of the six apartments be
handicap accessible? No. Thefirstfloorwould be used for storage and laundry.
Mr. Timmings feels that it does not make sense to change itfrom7 to six families. Discussion
Ensued.
Mr. Martone stated that he would like to see afinancialand parking plan.
Mr. Morabito stated that he doesn't know why all this economic information is needed. He
would still have problems with parking no matter what.
Mr. Martone stated that the board represents the laws on the books in regard to zoning.
Economics is brought up by the applicant, which the applicant made a condition for the
variance. We would like to see the requirement for the hardship. Discussion ensued.
Mr. Morabito made a motion to grant the variance for six units, making the seventh unit as a
storage and laundry room and meet the approvals by the Architectural Review Board.,
seconded by Mr. Jiminez. Motion carried 5-2. with Mr. Timmings and Ms.Moiron opposing.

IN THE MATTER OF 139 CORTLANPT STREET. SLEEPY HOLLOW, NEW YORK
10591 ( Mr. Jiminez who is a member of the Zoning Board abstains from all zoning
board discussions and votes.)
Mr. Ron Turnquist the architect for the applicant presented the Board with very schematic
documents. The intent is to put parking behind the building so it will be the setback
requirement. It does meeting the parking setback for residential multi dwelling. Mr. Turnquist
explained the schematic plants of the dwelling units. Some of the parking spaces are compact
spaces.
There is vacant property to create additional parking by escavating anew retaining wall and
taking down a garage. The applicant would use this property if there were no other choices.
The problem may arise when merging two lot together. Additional variances will be needed.
The lot coverage would be different.
Thefrontyard is still 5ft. Nothing else has changed. To sell the property the applicant would
have had to file a deed restriction with the land records office.

�Mr. Jiminez would like to stay with the original drawing.
Mr. Anello stated that he would not grant a variance for a new structure, it would increase the
parking problem. The new plans have more justification but it may hurt the applicant future and
who was not aware of the consequences.
The Board now referred to the original plan.
Mr. Hyland of Depeyster Street asked if there has been an intent to make a traffic impact study?
The area is congested. Mr. Anello stated that the Planning Board would do the traffic study and
the Environmental Impact Statement.
Mr. Morabito made a motion to close the public hearing, seconded by Mr.Timmings. Motion
carried unanimously.
DISCUSSION
Mr. Anello stated that there is no basis to let a new building go up given what everyone has said
in the past.
Mr. Jiminez stated that so many variances in the past have been granted. He is thefirstto offer
additional parking. He was not aware of the consequences.
At this point during the meeting Mr. Lomoscolo, Mr. Jiminez and Mr. Turnquist were
discussing new plans to meet more of the parking requirement. Suggesting that the lines be
redrawn. Discussion ensued.
The applicant requested for an adjournment at this time.
Mr. Morabito made a motion to accept the applicants decision for an adjournment, seconded by
Ms.Moiron. Motion carried unanimously.
MINUTES
A motion was made by Ms. Gaylin to approve the April 16,1997 minutes as amended,
seconded by Mr. Cicchetti. Motion carried unanimously.
A motion was made by Ms. Gaylin to approve the minutes of March 19, 1997, seconded by Mr.
Caetano. Motion carried unanimously.
Being no further business, the meeting was adjourned.
Respectfully submitted,

Christine Zambrancr
Recording Secretary

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