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                  <text>'I.

VILLAGE OF SLEEPY HOLLOW
ZONING BOARD MEETING
October 18, 2000
The meeting was called to order by Robert Anello, Chairman at 8:03 p.m.
Present:

Absent:

Robert Anello, Chairman
James Galgano
Eliot Martone
Linda Moiron
Miguel Jiminez
Peter Koffler
John Moribito

RECEIVED
NOV 1 * 2000
VILLAGE CLERK

Also Present: James Margotta (Building Inspector)
Ken Powell (Village Attorney)
Anthony DelVecchio (Recording Secretary)
Agenda:
a) Diana Abboud
249 N. Broadway
b) Elizabeth Mascia Child Care Center 174 Valley Street
c) Karl Dibble
315 North Broadway
Announcements:
None.
a) Diana Abboud Jim Margotta stated that as per the owner, the tenant will not move out unless evicted.
The owner will seek an eviction.
Ken Powell stated that there is a one-year continuance on a non-conforming use.
Jim Margotta asked the applicant's brother about the specific date when the Body and
Fender shop moved out. Jim Margotta requested this in writing.
The Chair read Section 62.27 in the Village Code for non-conforming use.
The 10/18/00 letter from the applicant was read aloud concerning evicting the current
iron works tenant.
The applicant's brother indicated that the owner would like to keep the tenant.
Jim Galgano informed the applicant's brother about proof of hardship documents that are
needed to justify the applicant's claim for a hardship claim.
The applicant's brother will provide the necessary information to Jim Margotta.

�Don Catano spoke on behalf of the tenant. He stated that the current tenant makes less
noise than the previous tenant.
Jim Galgano made a motion to continue this item on next month's agenda. Miguel
Jiminez seconded. It was unanimous.

b) Elizabeth Mascia Child Care Center The Chair stated that the owner must provide documentation satisfactory to the Village
Attorney for the parking issues.
Miguel Jiminez stated for the record that he is opposed to the childcare center at this
location because it lacks an adequate means of egress in case of a fire. He believes the
center is needed but not in this location.
Jim Margotta responded that the Fire Inspector will review the plans for egress,
sprinklers, etc.
c) Karl Dibbie The Chair stated that the returns were not received.
Karl Dibble submitted the returns to Jim Margotta.
The Chair read the public notice aloud.
Richard Marcado represented the application along with Karl Dibble.
The Chair stated that the following items were received:
1) Application
2) Plot plans
3) Letter from Richard Marcado on Village Ordinance.
4) Letter from Jim Margotta denying a CO.
Jim Galgano asked the question, why the proposed use of this property is not consistent
with the Village Code, to Jim Margotta.
Jim Margotta responded that the proposed mixed-use did not conform with the Village'
mixed-use codeJim Margotta gave a summary of the application to date. He stated that the first
application was for a 2-family permit. The mixed-use permit came afterwards.

Zoning Board Meeting, October 18,2000

�Richard Marcado stated that the applicant only attended a preliminary Planning Board
meeting on site plan approval.
Richard Marcado addressed the permitted use issue. He stated that according to the
proposed plans and the Village Code, the building is considered mixed-use industrial.
The first floor offices are permitted under the Village Code.
The Chair responded that offices were covered under C-l.
Richard Marcado stated that the garage is an accessory building. It is permitted under C1 and is a proposed 1.5 story garage. He also stated that the drawings do not indicate a
garage location. It is only placed on the plans. The applicant is not requesting a variance
for the garage in this application.
Richard Marcado stated that storage is an accessory use. He referred to Code section 6220.3 (e).
Richard Marcado stated that storage containers would be fully screened and not visible
from the street.
Jim Margotta requested that Karl Dibble show the original plans for the 2-family
dwelling. Karl Dibble complied and presented the plans to Jim Margotta.
The Chair asked if there was any reason why the use of an office below a 2-family
residence would not be permitted.
Jim Margotta responded that there was no reason. He also added that it must meet the
Fire Inspectors approval as well as the building code.
Jim Galgano made a motion to agree that the Zoning Board interprets that an office with
a 2-family residence on top is within the C-l zoning code. Miguel Jiminez seconded. It
was unanimous.
The Chair stated that a garage was not on the public notice or the application so the
Board will not address it.
Eliot Martone made a motion that the storage bins are not conforming. Miguel Jiminez
seconded. It was unanimous.
Miguel Jiminez suggested that the applicant go to the Waterfront Advisory Committee
for the variance for the storage containers.
The Chair stated that the public comments will address the storage sheds only. Eliot
Martone made a motion to open the public hearing. Miguel Jiminez seconded. It was
unanimous.

Zoning Board Meeting, October 18,2000

3

�Don Catano spoke about the storage sheds. He stated that the property was raised over 5
feet in height. He also stated that any storage container over 100 SF needs a foundation.
Additionally he stated that pesticides could not be placed in a container without providing
additional sewage for the pesticides. Photographs were presented to the Zoning Board by
Don Catano to indicate his concerns.
Mrs. Catano spoke about Village Code section 62-22 and the 5-foot buffer needed
between properties. She also stated that the applicant constructed a retaining wall 22
inches from her window without a building permit.
Richard Marcado stated that the architect would revise the plans in preparation of the
Planing Board, Waterfront Advisory Committee and Architectural Review Board's
review.
Frank Occhipinti asked what is being done right now to alleviate this problem.
Jim Margotta responded that he refused to have the applicant remove the work.
Don Catano asked Jim Margotta to have the applicant remove the work.
Jim Margotta responded no.
Miguel Jiminez asked Karl Dibble about the wall prior to the new work.
There was an open discussion between the applicant and Don Catano about the wall prior
to the new work.
Lenny Rutigliano asked if they are stopping all work on this property.
The Chair responded that the office is permitted.
Jim Margotta responded that the Fire Inspector stopped all work.
Linda Moiron made a motion to close the public hearing. Miguel Jiminez seconded. It
was unanimous.
Miguel Jiminez made a motion to request an extension on the storage issue. Jim Galgano
seconded. It was unanimous.

Other Topics:
The minutes for September 2000 were reviewed. The following corrections were noted:
On page 3, change " The Chair made a motion to grant the variance under the condition
that seven (7) spaces be allocated for the building. The building owner also must prepare
signage to properly indicate that the parking spaces are dedicated for the building
occupants. Additionally, the tenants are to be notified."

Zoning Board Meeting, October 18,2000

4

�To read," The Chair made a motion to grant the variance under the condition that for as
long as the requested uses are in operation, seven (7) spaces in the adjacent building
be allocated and maintained for the granted uses and that the building owner file
with the Village, documentation satisfactory to the Village Attorney securing the use
of seven (7) required parking spaces. The building owner also must prepare signage to
properly indicate that the parking spaces are dedicated for the building occupants.
Additionally, the tenants are to be notified."
Eliot Martone made a motion to approve the minutes as noted. Jim Galgano seconded. It
was unanimous (4-0-1 Miguel Jiminez abstained).
Eliot Martone made a motion to adjourn. Jim Galgano seconded. It was unanimous.

Adjourn to next meeting.

Respectfully Submitted,

Anthony Del Vecchio

Zoning Board Meeting, October 18,2000

5

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