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                  <text>VILLAGE OF SLEEPY HOLLOW
ARCHITECTURAL REVIEW BOARD MEETING
March 26, 2008
The meeting was called to order by Ana Maria McGinnis, Acting Chairman at 8:02 p.m.
The Chair noted that a quorum is present
Present:

Sandra Tripp
Ana Maria McGinnis, Acting Chairman
Pat Piereson
David Pysh, Chairman

Absent:

Carter Sackman

Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)

Announcements:
None
Agenda:
1) Edwards
41 College Avenue
2) Bedell
122 Van Tassel Avenue
3) KWD Realty
309-313 North Broadway
4) Minutes for February 2008
1) Edwards

Fence
Fence
New Signage

41 College Avenue

Fence

Lillian Edwards is the owner and is presenting this application.
The Chair asked if the proof of public mailings were received.
Sean McCarthy responded yes.
Lillian Edwards stated that she wants to install a new fence and where the existing hedges
area located. She stated that the fence is needed so that her dogs do not escape. She
stated that the new fence will replace the existing chain-link fence. She stated that the
fence will be installed in the front of the house and where the existing swinging gate is
located.
The Chair opened the public hearing.
Since there were no public comments, the Chair closed the public hearing.
Pat Piereson made a motion to approve the application as submitted. Sandra Tripp
seconded. It was unanimous (3-0) (David Pysh not present.)

�2) Bedell

122 Van Tassell Avenue

Fence -

David Bedell is the owner and is presenting this application.
The Chair asked if the proof of public mailings were received.
Sean McCarthy responded yes.
David Bedell stated that he recently purchased the house and wants to install a more
secure fence to keep his children within the property.
The Chair opened the public hearing.
Since there were no public comments, the Chair closed the public hearing.
Pat Piereson made a motion to approve the application as submitted with the condition
that the proposed 5-foot high fence will be used only for a 16-foot section and the
remainder of the fence would be 3-foot high and will comply with the Village Zoning
Code. The fence will be natural cedar. Sandra Tripp seconded. It was unanimous (3-0)
(David Pysh not present.)

3) KWD Realty

309-313 North Broadway

Signage -

This is a continuation from previous meetings.
Karl Dibble is the owner and is representing this application.
Sean McCarthy stated that there is a dispute on the public notices. He stated that one
notice was sent to the wrong address. He stated that the decisions recently approved by
the Board are not valid.
The Board referred to the minutes from the February 2008 meeting to see exactly what
was approved.
Karl Dibble summarized the application for the record. He summarized the 8 requested
items from the original application.
The Chair summarized the items that were approved by the Board.
Karl Dibble submitted photos to the Board.
The Chair opened the public hearing.
Architectural Review Board Meeting, March 26, 2008

2

�Don Catano (43 Lawrence Avenue) stated that this application should be brought to the
Planning and Zoning Boards.
Pat Piereson asked if any items on the agenda require a zoning variance.
Sean McCarthy responded no. He stated that sign variances are granted by the ARB.
There was an open discussion on the approvals granted at the last meeting.
Don Catano stated that he is trying to help the Village look better. He stated that there
are too many signs proposed for this property.
Pat Piereson asked about the number of signs on the property.
Karl Dibble responded that there are 4 signs on the property.
The Chair stated that the Board took a lot of time analyzing the size and number of signs
that were approved
Dan Torena (333 North Broadway) summarized the number of signs on his property.
Sean McCarthy stated that there are some signs on the other adjacent property.
David Garcia is an attorney representing Dan Torena. He stated that his client has not
had an opportunity to address the Board since he was not properly noticed. He stated that
there are some safety issues about the proposed gates. He stated that the approvals are
not fully understood. He referred to his letter that was sent to the Board.
Dan Torena stated that he is not concerned with the signs. He stated that when he
purchased the property, he had to relocate his electrical service as a result of the
applicant’s new retaining wall. He stated that the wall is an issue since it has heavy
equipment parked on the top. He stated that there is a safety concern if the equipment
falls off. He stated that there are tires located at the corner of the site to protect his
property from having the windows broken. He stated that the proposed fence will
eliminate light from entering his property.
Karl Dibble responded that the tires are on his property. He offered to install a chain-link
fence to allow sunlight to pass through.
Sandra Tripp asked the applicant if he had a survey.
Karl Dibble responded that he has a survey but not with him.
The Chair stated that a survey is needed in order to properly locate the fence.
David Pysh arrived at the meeting.

Architectural Review Board Meeting, March 26, 2008

3

�Dan Torena stated that this matter should go back to the Planning Board.
Sean McCarthy responded that the applicant is not in violation of his approved site plan.
David Garcia stated that there is still a safety issue with the wall.
Sean McCarthy responded that a survey is needed to dispute the location of the wall. He
stated that the Building Department has an as-built on file from the applicant.
David Garcia stated that this matter should be sent to the Planning Board.
Dan Torena stated that this wall is 22-inches from this building. He stated that a 6-foot
fence will allow kids to access his roof. He stated that the fence would be over the top of
his roof.
It was agreed that the Building Inspector would take the as-built and field verify whether
the as-built is accurate.
Don Catano stated that the wall also impacts his property. He stated that he gets water in
his basement as a result of the wall.
Dan Torena stated that he is concerned with the safety and the aesthetics of the wall and
the impacts to his property.
Pat Piereson stated that the location of the property line in relation to 333 North
Broadway cannot be changed and is not the applicants fault. She asked Dan Torena how
this can be resolved.
Dan Torena responded that he tried to work things out with the applicant but the
applicant was unwilling to work things out.
Pat Piereson asked if other fences can be used.
Dan Torena responded that the fence can be installed on the 2-foot section of the wall.
Karl Dibble stated that he wants the Board to make a decision on the application tonight.
He stated that he has a right to install a fence on his property.
David Pysh stated that the application was not approved last month due to the lack of
graphical material.
Don Catano stated that the Board could make this a fire zone.
Karl Dibble stated that he wants the Board to act tonight.
Since there were no further public comments, the Chair closed the public hearing.
The Chair stated that the previous approvals on the signage are still valid. She stated that
there is more information needed from the applicant so that a decision can be made.
Architectural Review Board Meeting, March 26, 2008

4

�David Pysh stated that there is no graphical evidence provided by the applicant to support
the fence.
Pat Piereson stated that there is not enough information available to make the decision.
She stated that the issue regarding a solid or chain-link fence needs to be further
evaluated.
Pat Piereson made a motion to uphold the previous approvals on the signage. She also
stated that a property survey is needed to make a decision on the fence. She stated that
the fence should be installed on the lower stepped-back wall.
Karl Dibble requested that the fence be removed from the application.
The Board agreed to remove the fence from the application.
The Chair made a motion to approve the 5 items that were approved last month. Pat
Piereson seconded. It was unanimous (3-0). (David Pysh abstained.)

4) Minutes for February 2008 The February 2008 minutes were reviewed.
Ana Maria McGinnis made a motion to approve the minutes as submitted. Pat Piereson
seconded. It was unanimous (3-0) (David Pysh abstained).

Adjourned at 9:51 p.m.

Architectural Review Board Meeting, March 26, 2008

5

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