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                  <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD MEETING
November 15,2000

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The meeting was called to order by Robert Anello, Chairman at 8:03 p.m.
Present:

Absent:

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

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Also Present: James Margotta (Building Inspector)
Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Anthony DelVecchio (Recording Secretary)

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Agenda:
a) Hamilton Designs
b) Diana Abboud

6-8 Cedar Street
249 N. Broadway

Announcements:
None.
a) Hamilton Designs The Chair asked if the returns were received for this application.
Jim Margotta responded yes.
The public notice was read aloud.
The Chair explained the Zoning Board's procedures on public comments and applicants
comments.
The Chair acknowledged that the Board had received the following:
1) Site plan
2) Application
3) Building Inspector letter
Robert Barstow described the proposed property and application. The Chair stated that the drawing only shows a topographical layout.
Robert Barstow further described the property footprint.

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�The Chair asked the applicant why was the structure to be built for 6500 SF.
Robert Barstow responded that Dave Smith (Village Planner) provided the size to him.
The Chair asked where did the 6500 SF came from.
Robert Barstow responded that it is in the Village Zoning Code, Part 1. He explained that
the Code section involved mixed use in a C-2 district. He also referred to the R5 section
which stated that the 1st three units were to be 5000 SF and each additional unit was to be
1500 SF.
The Chair asked why was an area variance needed.
/
Robert Barstow responded that this is a custom built project. The project is modular
housing on top of retail space arid parking spaces. He also stated that the modular units
are restrictive as to what is available.
Robert Barstow stated that he needs a certain number of units to make financial sense.
The Chair asked if the applicant has any financial data to show to the Board.
Robert Barstow responded no.
The Chair stated that if the applicant built a 3-family dwelling instead of a 4-family, a
variance would not be required.
Robert Barstow responded yes.
The Chair asked the applicant to address the loading space.
Robert Barstow responded that there is no access behind the building. He also stated that
the stores would be small so that deliveries would be made by small trucks.
The Chair asked that applicant to address the lot width.
Robert Barstow responded that the Zoning requirement is 100 feet for a commercial lot
and this lot is actually only 80 feet.
The Chair asked where was it in the Code.
Robert Barstow responded Part 1 C2-29.
As per the Village Code, a further review by the Board showed that no variance for lot
width was required.
The Chair asked the applicant to address the front yard setback.
Robert Barstow responded that the variance needed should be dropped to 10 feet as per
adjacent properties.
The Chair asked for an explanation.
Robert Barstow responded that the adjoining properties are up to the lot lines.
The Chair asked the applicant to address the side yard setback.
Robert Barstow responded that there is no commercial requirement. The residential
requirement 3' side yard and 12' total. Robert Barstow stated that the proposed layout
indicates 4' side yard and 12' total.

Zoning Board Meeting, November 15,2000

2

�There was an open discussion on R4 zoning and the side yard setback. The result was
that no variance was needed for the side yard setback.
The Chair stated that only three variances were needed.
1) Square footage of property.
2) Loading space.
3) Front yard.
Eliot Martone asked the applicant about the number of bedrooms.
Robert Barstow responded that each unit was a 2-bedroom unit.
The Chair asked about the parking requirements.
Robert Barstow responded that the requirement was met based on the number of spaces
required and the actual number of parking spaces proposed.
The Chair asked if the Board had any questions.
Linda Moiron asked if parking spaces 8-11 were for compact cars.
Robert Barstow responded yes.
Since there were no other questions from the Board, the Chair opened the public hearing.
Ms. Prolicki from Cedar Street spoke. She stated that this address (6 Cedar Street)
already has a 3-family on it. She also stated that multi-family dwellings were not
common on Cedar Street.
Jim Margotta responded that the lot has no address. It will eventually be given a
Cortlandt Street address.
Ms. Prolicki stated that she was also concerned about the loading space.
Robert Barstow responded that the loading space is on Cortlandt Street not Cedar Street.
Don Catano spoke about the parking for Augustine Triana's restaurant.
Eliot Martone made a motion to close the public hearing. Linda Moiron seconded. It
was unanimous.
The Chair stated that there are a total of three variances needed.
John Moribito stated that a contingency plan should be put into place that no building can
start until Triana's parking relocation project was complete.
Robert Barstow responded that there was no deed restriction on the lot when it was
purchased.
Zoning Board Meeting, November 15,2000

3

�Eliot Martone stated that the Board could not restrict this application based on Triana's
parking. John Moribito agreed.
Jim Galgano stated that he had no problems with the application. He explained that
parking is adequate.
Linda Moiron asked why was a four family needed.
Robert Barstow responded to cover his costs.
Linda Moiron asked the applicant if he had any numbers to show the Board.
Robert Barstow responded no.
The Chair stated that no financial data was provided.
Eliot Martone stated that he had no real objection since the parking plan is adequate.
John Moribito stated that he had no problem with the variances. The parking plan was
adequate.
John Moribito made a motion to approve all variances with the four family residence.
Jim Galgano seconded. It was unanimous.
b) Diana Abboud This is a continuation of a previous application.
Charles Bissen is an attorney representing Diana Abboud. He summarized the
application to date. He stated that a letter was sent to the current tenant to inform them
that their lease is up and to evict the tenant. He also stated that the non-conforming use
variance will expire in February 2001 but the eviction will take time. The applicant is
requesting an extension of the non-conforming use variance.
Eliot Martone asked if the Zoning Board of Appeals could perform this.
Ed Lammers recommended not making a decision until next month.
Charles Bissen agreed.
The Chair opened the public hearing.
Don Catano stated that the tenant would lose his business if he were evicted.
Charles Bissen stated that a lease term notice was sent to the tenant to provide a full
months notice.
Eliot Martone made a motion to adjourn this item to the next meeting. James Galgano
seconded. It was unanimous.

Zoning Board Meeting, November 15,2000

4

�Other Topics:
The minutes from the October 2000 were reviewed and unanimously approved as
submitted.
Eliot Martone made a motion to adjourn. Jim Galgano seconded. It was unanimous.
Adjourn to next meeting.
Respectfully Submitted,

Anthony DelVecchio

Zoning Board Meeting, November 15,2000

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