https://sleepyhollow.localarchives.org/files/original/2c5ae4cfb4939b6f3aafe069afd393e2.pdf d19c1c7719ca1d6b60287ddf7ceee3fb PDF Text Text 1 A regular meeting of the Zoning Board of Appeals was held on July 15, 1998 at 8:00 p.m. in the Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York 10591. Members Present: Robert Anello, Chairman Linda Moiron Eliot Martone Miguel Jiminez John Morabito Absent: George Tanner James Timmings, III Also Present: James Margotta, Building Inspector Janet Gandolfo, Village Attorney Chairman made a motion to begin meeting. Motion carried. In the matter of Diane & Gert Bruning, 50 Devries Ave Janet Gandolfo, Village Attorney, read the legal notice. Ms. Bruning handed the Board a supporting letter from the primary neighbor involved, explaining that he couldn't be here tonight, and photocopies of the current fence and the fence down the line. Ms. Bruning states they are proposing to replace the fence that exists and extend it. Chairman asked if they received the mailings. Mr. Margotta responded yes. Chairman stated the letter Ms. Bruning just handed us is from William James to the Sleepy Hollow Zoning Board dated 7/14/98. Along with it are pictures of her broken fence. Ms. Bruning explains it's actually have been in discussion about this when I brought up the idea he said down my fence, so we propose"to do with his cooperation. his broken fence, but we for.several months, and by all means let's take it all our expense, but Chairman asked if this is the property behind Ms* Bruning. Ms. Bruning responded yes, and explained he is on Pierson, we're on Devries. �Chairman asked if the existing fence is the line on the diagram. Ms. Bruning responded yes, below. If you open it up, the top two is the current fence, as best as you can photocopy it, and stated she has the originals with her. The bottom one is trying to show how the fence continues down the same cedar stockade, continues down about three more adjoining yards and also on the side yard of Mr. James and his neighbor. A discussion ensued. The Chairman asked if there was anything else that Ms. Bruning wished to tell the Board. Ms. Brunning responded no and stated that she thinks it's in keeping with what already exists and is improving what already exists. We have nothing but wonderful relations with all our neighbors and so I don't think there is anything mean spirited about it. It's at a fair expense that we'll do this. Chairman asked if there was any Architectural Review Board. Ms. Bruning inquired if that's where she should go next. Chairman responded yes. Ms. Gandolfo explained that you don't see it from the street. Mr. Margotta explained if you don't see it, no. A discussion ensued. Chairman asked if there was anything else Ms. Bruning wanted to tell the Board. Ms.. Bruning responded no. Chairman opened the Public Hearing. Chairman asked if there was anyone from the public that wanted ?to comment. Victor Albanese, 62 Devries Avenue, stated I am the neighbor adjacent to her property. We ,have no objection to you giving iher the approval to do so. That's all I have to say. s*r. /---.*W;.i»t^;<isi>^Srj.«.?'-'""*''i»M^ �3 Chairman asked Ms. Bruning if the existing fence is exactly six feet or under six feet. Ms. Bruning replied that it's a curious thing because they thought it was five feetf because you go up to it in five places and it's like this. It wasn't really until we had a professional fence man come out and he said it's a six foot fence, but at any given place it seems less than six foot, but he said it is. A discussion ensued. Chairman made a motion to close the Public Hearing. Ms. Moiron seconds the motion. Public Hearing was closed. A discussion ensued. Chairman asked if anyone else on the Board wanted to comment. Ms. Moiron asked how tall the fence where it's going to meet is right there at that point. Ms. Bruning responded measureably six foot, but we know it's covered. Some of the bottom is covered. It's maybe 35 years old, so some of it's covered, some of it is rotted. Chairman inquired as to whether the fencer can make sure it's even with that. Ms. Bruning explained that when the fencer came they had a discussion and explained, she would like to emphasize, this is all totally friendly and we're trying to do it together and it's at our expense. The fencer had the choices of trying to keep it eye level, not like that, and that's what Bill would like, too. Chairman stated that it seems to him that it could be no higher than the existing fence, no higher than six feet. Seems to me that would solve the question of the Applicant. Chairman asked if anyone had anything else they wanted to add, any other discussion. Mr. Jiminez moved it should be granted for a six-foot fence. �4 Chairman expressed his request would be the Board grant it for a fence that is the same height, no higher than six feet and no higher than the existing fence, that would keep it within under six feet. Ms. Moiron stated that would mean six feet or less. Chairman agreed to six feet or less than the existing fence. Chairman asked if anyone wanted to support that motion. Ms. Moiron stated she would support that motion. Motion was passed unanimously. New York SMSA Limited Partnership, 701 North Broadway Janet Gandolfo, Village Attorney, read the legal notice. Chairman asked Mr. Margotta if they had the mailing returns. Mr. Margotta responded yes, they have them. Chairman inquired as to what extent has the mailing been done for this. Mr. Margotta replied 200 feet plus the DOT. Chairman inquired if it was 200 feet measured from the edge of the property. Mr. Margotta responded and one side of Sleepy Hollow Manor. Chairman inquired if Mr. Margotta knew approximately how many mailings they have. Ms. Schneider responded 33 were sent. I think 29 came back. Chairman directed Ms. Schneider to come up and give her name. Ms. Schneider addressed the Board as follows: Good evening. My name is Leslie Schneider. I am a partner in the law firm Schneider & Schneider. I am here tonight on behalf of two applicants, New York SMSA Limited Partnership and Sprint Spectrum. This is for area variances, wireless communication facility on the Phelps property at 701 North Broadway. �5 This application is unique in the sense this will be the first time two carriers have come together to join to build a facility that will accommodate the goals of two wireless carriers. The facility is located in the hospital district, which does not permit public utility installation, and that's why we're requesting a variance. In case law, acase called Cellular One versus Rosenberg, the New York Court of Appeals, which is the highest court in the State of New York, ruled that cellular and wireless carriers are public utilities by the State of New York and have a difference in zoning matters. This wireless service is deemed to be a public service, one that is needed in the community. We're here before you tonight because both of these have gaps in service in the Village of Sleepy Hollow. In order to fill that gap that will cover the entire Village, they have found the site t Phelps Hospital. A gap of coverage, what the term means is basically that people can't transmit or receive calls or their calls are staticky, or the calls get disconnected and dropped, or there is interference between calls that makes the call inaudible. You can't carry the call. In connection with this application, what I have with me tonight are various members, the frequency engineer arid real estate manager, and I will introduce them in a few moments to give you some of the details if you have any questions. But one of the things we did do is we did perform a visual analysis to see whether the site at Phelps Hospital would be visible from any of the residences. If you would oblige me for a moment, I would like to bring Mike Johnson, our real estate manager. Chairman asked Ms. Schneider to let him interrupt her for a second, that he wants to make sure we have in the record a listing of everything that has been given to the Board. Chairman stated to Ms. Schneider that she said she did a visual analysis and asked if that was a document that has been supplied to the Boardwe �Ms. Schneider replied that they have it and she can give it to the Board. Chairman asked if it is something they haven't given to the Board yet. Ms. Schneider replied no. Chairman suggested that the Board at least make sure they have agreement on what they have, because he has a letter dated June 8 from Ms. Schneider which states that in it are completed application form and support of the application, and he assumes that is the document, the memorandum Ms. Schneider responded that the Chairman was correct. Chairman listed the checks, which got cut off before they got to him, the site plan and the completed full environmental assessment form, and continued to list that he also has a letter dated July 1 from same, he assumes it's from Ms. Schneider, which repeats some of the materials, the same form, the revised site plan. Ms. Schneider stated that it basically supersedes their previous package. Chairman goes on to state that it says visual analysis and that he is not sure what the visual analysis was on that. A discussion ensued. Chairman stated that the analysis was based on topography and asked what is attached to that analysis. Ms. Schneider stated if you were standing, you would see this cross section they asked for. If you were standing each direction, basically it shows the vegetation would totally block your view. Chairman stated this was an analysis done for summer and spring. Ms. Schneider stated there is two parts to the analysis, one is just based on topography, looking at elevations, and then the other one is looking at if you were standing in the picture, a six foot person looking out. A discussion ensued. V..-:.i-*S - =JW^Hh=e*=3F*T: ^—"£.4^ !t7&^£^~££*£%^' 'i&^r&.4*^^J2^h££^&&&&^k^&^G&yfr .*feS^ m s^^j^fe^lji^ljssift �7 Chairman asked Ms. Schneider about the balloons. Ms. Schneider stated that they have actually flown the balloons on three separate occasions. Chairman stated he understood, and also stated that Ms. Schneider is before two boards, and one of the things might have been helpful if they notified the Board when the balloons were going up so the members could see it and the Building Department. He gathers it's not difficult to raise a balloon, not being facetious, so if the Board wanted to have a day or two days when a balloon is up and they can see it and members of the public could know it was up, so we have more of an informed perspective on the balloon, he assume it's not a difficult thing to do. Ms. Schneider responded no, it's not a difficult thing to do. As a matter of fact, we went out to Green Rock to take a look from a couple of different viewpoints up there. Mr. Schneider and Mr. Wylark, and they were out on the site and took a look and said, you know, there is some 80-foot trees out there and there is some good elevation with these trees. Their concern is I am 200 feet from the site, I am in the parking lot, it doesn't look that big because it slopes down a little bit as you go into the woods. And they actually had to take the balloon down to measure it because they didn't think it was 110 feet. Chairman stated that his concern is how they are going to see it from Broadway. Ms. Moiron stated she was concerned with Rockwood and she is also concerned the picture Ms. Schneider took. For example, on Fremont and Hemlock is an uphill shot, not looking at the back views of those houses along Hemlock. A discussion ensued. Ms. Moiron asked how wide the antennas would be. Ms. Schneider responded 43 inches long and 6.5 inches wide and that the antennas will be horizontal. Chairman asked if Ms. Schneider had a drawing. Ms. Schneider stated yes and explained this will give the Board an idea of how the antennas are fixed. �8 Ms. Schneider went on to describe the pole itself is designed to look something similar to a large street lamp or lamp post. Generally speaking they are painted sky blue to blend in with the backgrounds. We had a request from Mr. Schneider of Greenrock that we paint it on the green side to blend with the vegetation. I thought that was reasonable. Chairman asked if that's a better color in terms of visibility. Ms. Schneider stated in her opinion, that she has seen many, many poles, it's really a meaningless difference because there is about a four or 500-foot strip on Route 117 heading west where you can actually see the pole and you have to be looking for it, don't look at the road, look for the pole, and it's going to be difficult to see. A discussion ensued. Mr. Johnson from Bell Atlantic Mobil joined the discussion. Chairman asks the public if they have any comments. Chairman stated to Ms. Schneider that he didn't mean to cut her off. Ms. Schneider stated that she just wanted to make sure that this is part of the record. I can give you these maps. Chairman stated he would like the maps as part of the record and asked if Ms. Schneider is giving the Board the photographs of what is seen up there. Ms. Schneider stated these are Sprint maps that are on those boards, and the photo from the James House that they asked for, and also the visual analysis, and stated that this will all be made part of their record. A discussion ensued. Ms. Gandolfo asked if the number they offered was 120,000. Ms. Schneider responded yes, for the structure Chairman stated they would send their assessor. Mr. Jiminez stated it should cost much more than that. �Ms. Gandolfo replied it may be, and that's what our assessors will have to determine. Chairman asked Ms. Schneider if there was anything else she wanted the Board to hear before they open it up for the public. Chairman stated that they are going to have some more comments, but if Ms. Schneider doesn't have anything more right now, he will ask the public for their comments, and maybe as we respond to some of them they may all be answered. Chairman opened the matter for Public Hearing and stated that anyone who would like to speak, raise your hand. When you're asked to speak, give your name and address so the court reporter can take it down. Mr. Weiss stated my name is Richard Weiss. I am the president of Sleepy Hollow Manor Homeowner's Association. The site is going to effect us. We're pleased at the attempts to hide this as best as possible, but we're not convinced by renderings that show views from ground level they will not be adverse on the homes, backyards, as have been noted by some of your Board members. From the upper stories of our homes, we're not convinced this is not going to be seen. It's very unclear also that the other available sites in the Village made it clear they don't want this pole. Once again the hospital seems to be quite equipped and we're not very happy about the way we're doing this. Chairman asked Mr. Weiss if he was able to see the balloon study. Mr. Weiss stated he was not aware it was being done, he works, like the rest of us, and he is not home. Chairman asked Ms. Schneider if the Board wanted the balloon, for how many days would it stay up. Ms. Schneider stated that generally they do it like 6:00 in the morning because that's when the wind is the least. They actually have this measured. Chairman asked again, how long would the balloon stay up. �10 • Ms. Schneider responded usually we keep it up for about two hours. Ms. Moiron asked if they could keep it up for consecutive days. Ms. Schneider responded what they would like to do, if possible, if the Board tells them a day, this day at this time, they can do it late in the morning or early in the day, that the best thing is early in the morning. Mr. Johnson stated the most ideal time to do it is early in the morning simply because that's when the winds are the lowest, that they have done it on Saturday and weekends so people are available to come by and see. Mr. Weiss stated that if you run your business in the south part of town or go to New York City, you're not looking for a balloon flying over Phelps. Mr. Johnson stated that that's the beauty, once the site is built, you won't be looking for that either and won't see it. We're saying we're flying a balloon A discussion ensued. Chairman suggested that if we're going to do a balloon test, we coordinate it with the Planning Board and do it with adequate notice to people. Ms. Moiron agreed that adequate notice is a must. Chairman stated that he thought the Board should let the ARB know also, but he doesn't think they are going to be able to give their opinion. A discussion ensued. Ms. Schneider asked when the balloon test would be good. Chairman stated that the Board's suggestion is they want to coordinate with the Planning Board. Ms. Moiron stated that the Zoning Board does not have a meeting next month, so it won't be until September. Ms. Gandolfo asked if all the property owners in Sleepy Hollow Manor should be apprised. -f-si &a^1s£r*5^i^1^^ ^^j^jcii^iS'h^'^Ls.ft^siuSJr'i �11 Mr. Weiss suggested Hemlock Drive, Terrace Close. He would circulate something for all of Sleepy Hollow Manor. We can get something around August 6th. Ms. Gandolfo agrees, just as long as everyone gets it. Mr. Weiss stated your legal department is another thing, but I will get this out. Ms. Gandolfo states there is really no legal requirement for this type of notice, it could be either at the expense of the Applicant or if he wants to distribute it. Ms. Gandolfo asks Mr. Weiss which method he believes would be the most effective. Mr. Weiss stated whatever Bell Atlantic does with respect to it, he will still send out his own additional notice. Ms. Gandolfo suggests, because of the configuration of Sleepy Hollow Manor, you can see there are streets down by the river hat may have a little bit, there aren't that many houses, to just send a notice to each household. A discussion ensued. Chairman stated we are not asking for notice that you have already done. The balloon is going to rise. They must have notice so they can look at it. Do it whichever way you want. We'll have to evaluate the imput we get. What I would like to do is suggest we coordinate the Planning Board and the Building Department and come up with a day and work with you and tell you when we would all like to have it done. Ms. Schneider stated when they go to the Planning Board tomorrow night, they can suggest whatever dates are convenient, then she can come back to the Zoning Board. Chairman stated that they can coordinate it through the Building Department. We may want to give it some thought. I don't know about tonight. I would say a Saturday. Ms. Moiron suggested maybe also a day during the week. A discussion ensued. Chairman asked if we have a motion, have we voted to adjourn this hearing. -, -+ - . J , �12 Mr. Morabito makes a motion to adjourn. Ms. Moiron seconds the motion. Motion carried unanimously. Approval of minutes Chairman stated that he has read the June minutes and has no questions. Ms. Moiron stated she has no objections. Mr. Morabito made a motion to accept the minutes. Ms. Moiron seconds the motion Motion passed unanimously. Mr. Morabito made a motion to adjourn the meeting. Ms. Moiron seconds the motion. Meeting adjourned. Respectfully ^Submitted, Lydia Irizar-ry / Recording Secretary • ^.^;v^^a>i»i*i**^ �O ' N E I L L , D I M A N N O 8C K E L L Y ATTORNEYS AT LAW 15 B E E K M A N S T R E E T N E W YORK. N E W YORK 10038-1509 T E L E P H O N E (212) 2 6 7 - 5 5 5 6 G E R A L D T . DlMANNO JAMES A. KELLY, JR. CHARLES V. O'NEILL U R B A N S. MULVEHILL* SAMUEL W. SANSONE J A M E S P. SAUTER** FACSIMILE ( 2 1 2 ) 2 2 7 - 3 2 3 5 EUGENE T. McQUADE (1898-1965) * ADMITTED IN NEW YORK AND CONN. •* ADMITTED IN NEW YORK. NEW JERSEY AND CONN. June 22, 1998 Certified Mail Return Receipt Requested Village Clerk Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 Re: 8 & 9 Kendall Avenue Sleepy Hollow. New York Dear Sir or Madam: As you know, we are attorneys for the Hechts, the owners of the above-captioned parcels. The Hechts' application for a variance and Certificate of Occupancy was approved by the Village Zoning Board of Appeals on April 15,1998. To date, the Certificate of Occupancy and minutes of that particular Zoning Board meeting have not been made available to the property owners. Their architect, Mr. Sean McCarthy, has made personal inquiries concerning the same matter on three separate occasions and has been given a variety of excuses for the documents unavailability. The week before last, I forwarded a letter to your office (copy enclosed) and have not even been provided with the courtesy of a response. The continuing delay (now approaching seventy (70) days) in the completion of these generally ministerial acts has caused my clients concern. Not only have my clients remitted fees to cover the cost for these services to the Village, it is especially troublesome as the delay has severely impaired their ability to sell the property. The owners have had several interested purchasers for the property. However, every inquiry has been terminated after my clients could not provide the prospective purchasers with a current Certificate of Occupancy. �O ' N E I L L , ' D I M A N N O 8C K E L L Y • We, therefore, respectfully request the immediate issuance of the Certificate of Occupancy for the premises and the minutes of the April 15,1998 meeting of the Village Zoning Board of Appeals. Very truly yours, cc: • • Mr. G. Hecht J. Gandolfo, Esq. �* O ' N E I L L . D I M A N N O 8C KELLY ATTORNEYS AT LAW IS BEEKMAN STREET NEW YORK. NEW YORK 10038-1509 TELEPHONE (212) 267-5556 G E R A L D T . DlMANNO JAMES A. KELLY. JR. CHARLES V. O'NEILL U R B A N S. MULVEHILL* S A M U E L W. S A N S O N E JAMES P. SAUTER** FACSIMILE (212) 227-3235 EUOENE T. MCQUADB (IIM-I9U) • ADMITTED IN NEW YORK AND CONN. • • ADMITTED IN NEW YORK. NEW JERSEY AND CONN. June 9,1998 Village Clerk of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10571 Re: Gordon Hecht 8 & 9 Kendall Avenue Sleepy Hollow. New York Dear Sir or Madam: We are attorneys for Mr. Hecht, and on his behalf, we implore you to arrange for the issuance of the Certificate of Occupancy as approved by the Village Zoning Board of Appeals at their meeting of April 15, 1998. On several occasions+.Mr. Hecht's architect, Mr. Sean McCarthy has made personal appearances to your offices and has requested same, together with a copy of the minutes to the April 15th meeting of the Zoning Board of Appeals, that authorized the issuance of the aforementioned Certificate of Occupancy. Almost two months have past and to date a Certificate of Occupancy has not been issued nor has a copy of the minutes of the meeting been furnished to Mr. Hccht or Mr. McCarthy. Please note that Mr. Hecht is currently engaged in marketing the premises and has received a significant response to his marketing. However, every inquiry has ended in the same fashion-a request for a copy of the certificate of occupancy, an explanation of the current status of the certificate of occupancy, and the swift termination of the conversation by the prospective purchaser. We ask that you kindly attend to the issuance of the Certificate of Occupancy and the minutes of the April 15th meeting of the Zoning Board of Appeals in an expeditious manner. Very truly yours. cc: Mr. G. Hecht Mr. S. McCarthy James P. Sauter �CERTIFIED O ' N E I L L , D I M A N N O 8C K E L L Y 15 BEEKMAN STREET NEW YORK, NEW YORK 10038-1509 z iai 2Ti iia MAIL 23^ 231®* Village Clerk Village of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10591 «\%ieoi -^*:iv^JtaaiB3^*s&->to I. I! fiJilfiHiHiiiiiililiulhHuliliiiiiifiiiiliUi •^•^iia �O ' N E I L L , D I M A N N O 6C K E L L Y A T T O R N E Y S AT LAW 15 B E E K M A N S T R E E T N E W Y O R K , N E W YORK 10038-1509 T E L E P H O N E (212) 267-5556 G E R A L D T. DIMANNO JAMES A. KELLY. JR. CHARLES V. O'NEILL URBAN S. MULVEHILL* SAMUEL W. SANSONE JAMES P . SAUTER** FACSIMILE (212) 227-3235 EUGENE T. M c Q U A D E (1898-1965) • ADMITTED IN NEW YORK AND CONN. •• ADMITTED IN NEW YORK. NEW JERSEY AND CONN. June 9,1998 Village Clerk of Sleepy Hollow 28 Beekman Avenue Sleepy Hollow, New York 10571 Re: Gordon Hecht 8 & 9 Kendall Avenue Sleepy Hollow. New York Dear Sir or Madam: We are attorneys for Mr. Hecht, and on his behalf, we implore you to arrange for the issuance of the Certificate of Occupancy as approved by the Village Zoning Board of Appeals at their meeting of April 15,1998. On several occasions, Mr. Hecht's architect, Mr. Sean McCarthy has made personal appearances to your offices and has requested same, together with a copy of the minutes to the April 15th meeting of the Zoning Board of Appeals, that authorized the issuance of the aforementioned Certificate of Occupancy. Almost two months have past and to date a Certificate of Occupancy has not been issued nor has a copy of the minutes of the meeting been furnished to Mr. Hecht or Mr. McCarthy. Please note that Mr. Hecht is currently engaged in marketing the premises and has received a significant response to his marketing. However, every inquiry has ended in the same fashion—a request for a copy of the certificate of occupancy, an explanation of the current status of the certificate of occupancy, and the swift termination of the conversation by the prospective purchaser. We ask that you kindly attend to the issuance of the Certificate of Occupancy and the minutes of the April 15th meeting of the Zoning Board of Appeals in an expeditious manner. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1998 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1998-07-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-1998 Date A point or period of time associated with an event in the lifecycle of the resource 1998 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text