https://sleepyhollow.localarchives.org/files/original/13c4672885b83a1451922ece38291c01.pdf 3cab55e2d95b87022563498fba377175 PDF Text Text VILLAGE OF SLEEPY HOLLOW ZONING BOARD MEETING May 16, 2001 The meeting was called to order by Robert Anello, Chairman at 8:11 p.m. Present: Robert Anello, Chairman James Galgano Linda Moiron Peter Koffler Absent Eliot Martone John Moribito Miguel Jiminez * * * , Also Present: Ed Lammers (Murphy, Stecich & Powell/Village Attorney) Anthony DelVecchio (Recording Secretary) Jim Margotta (Building Inspector) Agenda: a) b) c) d) e) Frank Occhipinti Rafael Piscopiello DFG Clinton Realty, Inc. Monique Goldman Minutes of January and March 2001 16 Hudson Street 69 College Ave. 16 Clinton Street 158 Beekman Avenue Announcements: None. a) Frank Occhipinti The Chair noted that a court reporter is present for this application. The public notice was read aloud. The Chair stated that the public hearing would be held open for tonight. The Chair stated that the Board had received the following items: 1) Application to ZBA dated 3/6/01. 2) Letter from Frank Occhipinti to Village of Sleepy Hollow dated 11/15/00. 3) Letter from Bob Stilotski to Frank Occhipinti dated 01/23/01. 4) Letter from Frank Occhipinti to Jim Margotta dated 12/5/97. Frank Occhipinti stated that 16 Hudson Street is in violation of the Village Zoning Code in the following areas: 62-8,9,10,14, 16,16.1,22, 22.1,27,28,29 and Schedule of Regulatior>s-Part I. �The Chair stated that the Board had a survey of the property that was provided by the Village. The Chair also stated that the Board was in receipt of a letter dated 05/15/01 from Jane Gould who is the attorney for David Star (the current owner of 16 Hudson Street). Frank Occhipinti summarized the application. He submitted the returns to the Village Attorney at that time. He stated that he questioned the sale of 16 Hudson Street by the Village to Mr. David Star. The court stenographer swore in Frank Occhipinti. The Chair asked Frank Occhipinti what were the violations in his opinion. Frank Occhipinti described the properties involved. They are 20 Hudson Street, 16 Hudson Street and a vacant lot between the two properties. He also stated that the properties are located in an R-4A district. Frank Occhipinti read Section 62~9c aloud. He also read the ZBA minutes dated 02/20/75, which described the ZBA variances for 20 Hudson Street. They referred to 62-8b-7 and 62-8b-2, 3,and 4. The Chair asked Frank Occhipinti if his property borders this property. Frank Occhipinti responded yes. Frank Occhipinti read a 07/16/99 letter from Jim Margotta to Caroline Minter (his attorney). The Chair asked Frank Occhipinti about his property. Frank Occhipinti stated that he purchased it in 1988. He also stated that he applied for a use-variance. He stated that the building on 20 Hudson Street was already there when he purchased the property. He stated that there was a small piece of property between the two properties that he thought was his. Later on, he discovered that the property was not his. He also stated that the area has since been re-zoned from Manufacturing to Residential. Frank Occhipinti stated that he tried to buy the property. David Star sued him and the Village. He stated that the Village sold the property to David Star in lieu of dropping the lawsuit. The Chair asked about the curb cuts on his property. Frank Occhipinti stated that the previous owner installed the curb cut. Frank Occhipinti referred to 62-22 of the Village Code. He went into detail on how David Star currently violates both parts of this code section. He submitted photos to substantiate his statements. They were marked as exhibits A and B. Zoning Board Meeting, May 16,2001 2 �There was an open conversation on the total length of the curb cuts at 16 Hudson Street. It was determined that both of the curb cuts exceed 25 feet in total length only. The Chair referred to exhibit A. It was discussed that the curb cut is within 15 feet of Frank Occhipinti's property with a commercial/industrial use. Frank Occhipinti referred to 62-14c. He again stated that the sum exceeds 25 feet in total only. Frank Occhipinti stated that in an R-4A district a 3-foot sideyard setback and 12-foot total setback are required. He stated that there is no side yard setback on one side. The Chair responded that the vacant lot has no structure on it. He stated that this does not apply. Frank Occhipinti submitted a Sleepy Hollow Police Department blotter entry from 01/15/01. This was labeled exhibit C. Frank Occhipinti submitted the 02/20/75 ZBA minutes. This was labeled exhibit D. Frank Occhipinti submitted a 3-page letter dated 07/16/99 to Caroline Minter from Jim Margotta. This was labeled exhibit E. The Chair asked Frank Occhipinti if he used the vacant lot for parking. Frank Occhipinti responded that his tenants used it. The Chair opened the public hearing. David Star (16 Hudson Street) spoke. He stated that his attorney would not be able to attend tonight's meeting. He stated that he purchased the property when it was under a Manufacturing zoning. He also stated that the property in question is in front of his property not between 16 and 20 Hudson Street. The survey of 20 Hudson Street was labeled Exhibit F. It was presented to David Star to illustrate the property in question. David Star drew on the survey to show where the property is located. David Star stated that the ZBA should review the settlement from the lawsuit and that all of these items were previously settled. Jim Galgano made a motion to continue this item to next meeting. Peter Koeffler seconded. It was unanimous. b) Rafael Piscopiello The Public Notice was read aloud. Zoning Board Meeting, May 16,2001 �Sam Vieira is the project architect and is representing this application. He stated that the mailings were submitted to the Village. The Chair acknowledged receipt of the following items: 1) Application dated 03/15/01 2) Plot Plan The Chair asked Sam Vieira why is the applicant converting down. Sam Vieira responded that this is being done as per the building department. The Chair asked what was physically done. Sam Vieira responded that the basement apartment was removed. Jim Galgano asked what was the net change in bedrooms. Sam Vieira responded that it is reduced from 7 to 6. The Chair asked about the Certificate of Occupancy. Sam Vieira responded that it is a 2-family. The Chair asked if there are other variances for this property. Sam Vieira responded no. The Chair asked why couldn't 6 spaces be provided. Sam Vieira responded that there is no maneuverability. The Chair asked if the Board had any further questions. Since there were none, the Chair opened the public hearing. Since there was no public comments, Jim Galgano made a motion to close the public hearing. Linda Moiron seconded. It was unanimous. Jim Galgano made a motion to grant the variance. Linda Moiron seconded. It was unanimous. c) DFG Clinton Realty. Inc. The public notice was read aloud. The Chair asked if the returns were received. Jim Margotta responded yes. The Chair acknowledged receipt of the following items: 1) Letter from Frank Moribito requesting a used car license. Zoning Board Meeting, May 16,2001 4 �2) Letter from Jim Margotta denying the request. 3) Survey 4) Application Richard Blancardo is the attorney representing the applicant. He stated that there is a garage on the side of the building. The used car sales will be next to the garage. He stated that cars would be sold by appointment only. He also stated that this property is not typical of a used car dealership. Frank Moribito stated that the garage is currently registered with NYS DMV. The used car business requires a NYS license. NYS DMV would issue the license if the Village approves. Richard Blancardo stated that code section 62-20 has been met by the applicant (sale of cars). The Chair asked who is currently renting the space. Frank Moribito responded that Empire Ambulance is the current tenant but they are moving out. They are paying $2500/month. The new applicant will pay $!300/month. The Chair asked where the hardship request comes in. Richard Blancardo responded that the applicant purchased the property for $350,000 about 5 years ago. He provided detailed expenses along with some capital improvements to the Board. The Chair asked if this property has any other variances. Richard Blancardo responded no. Jim Margotta asked if there will be any body or fender work or if any spray painting will be performed. Frank Moribito responded no. Since the Board had no further questions, the Chair opened the public hearing. Elsie Moter from 10 Clinton Street spoke. She read a petition objecting to the approval of this variance. Members of the neighborhood signed it. Irene Alves spoke. Her mother lives across the street from the property. She objects to the application. She stated that parking was her major concern. Since there was no further public comments, Peter Koeffler made a motion to close the public hearing. Jim Galgano seconded. It was unanimous. Zoning Board Meeting, May 16, 2001 5 �Richard Blancardo stated that the garage would only have two ears at any time. Additionally, the used car lot will only have 6 cars maximum. Based on the current situation with the ambulance tenant, parking will be improved. Frank Moribito stated that the garage would be used to repair trucks for his electrical contractor business. Peter Koeffler asked where will prospective buyers park. Frank Moribito responded inside the garage. Linda Moiron asked if the gate is closed. Frank Moribito responded that it is open in the day and closed at night. Peter Koeffler stated that there is no supporting documentation for financial hardship. The Chair stated that the hardship is self-created. Richard Blancardo stated that it could revert back to an auto-repair shop without any variances. He also stated that the Board could place conditions on the variance. The Chair responded that the variance was not submitted with limits. Richard Blancardo responded that the applicant would submit supporting financial documents. He also stated that provisions would be distributed to neighbors through Jim Margotta. Linda Moiron made a motion to continue this item next month. Peter Koeffler seconded. It was unanimous. d) Monique Goldman The public notice was read aloud. The Chair acknowledged the receipt of the following items: 1) application 2) Letter indicating an article from 1963. 3) Returns 4) Letter from Jim Margotta denying the Certificate of Occupancy. Monique Goldman is the applicant. She stated that her father purchased the house in 1963. She stated that her parents have recently passed on and this is delaying the sale of the property to close her mother's estate. The Chair asked about on-site parking. Monique Goldman responded that the property could accommodate 12 cars. Mr. Goldman stated that the property has 7 electric meters ands 6 gas meters. Zoning Board Meeting, May 16,2001 6 �Since the Board had no further questions, the Chair opened the public hearing. Caesar Ovagia from 159 Beekman Ave spoke. He was concerned about the parking situation. Jim Galgano responded that the application does not include or require a parking variance. The Chair asked if the building was rent stabilized. Mr. Goldman responded no. The Chair stated that it should fail under rent stabilization. Charles Zieger from 151 Depeyster Street spoke. He spoke against approving the variance. He stated that he is familiar with the property and 6 families do not live there. The Chair read the 1963 article for the record. The Chair asked if the parking requirements would be met. Jim Margotta responded yes. Charles Zieger stated that they have 6000 square feet and they need 8000 square feet to accommodate 6 families. Peter Koeffler responded that it pre-dates the Zoning code. Sue McCarthy from 2 Andrews Lane spoke. She inquired about, the additional 200 square feet needed to make this a legitimate apartment. She also stated that the tenants do not park on the property, they park on the street. The Chair asked the public about any knowledge on the number of units. Charles Zieger stated that as long as he could remember, there were 5 apartments and the store was a converted apartment. Since there was no other public comment, Peter Koeffler made a motion to close the public hearing. Jim Galgano seconded. It was unanimous. The Chair stated that the article indicates 5 apartments only. Jim Galgano made a motion to approve the 6-family Certificate of Occupancy. Peter Koeffler asked about the start of the Zoning Code. Ed Lammers responded 1964. The Chair told the applicant to provide proof (affidavits, etc) of a 6-family residence prior to 1964. Zoning Board Meeting, May 16,2001 7 �Linda Moiron made a motion to adjourn to next month. Peter Koeffler seconded. It was unanimous. e) Minutes The minutesfromJanuary 2001 were reviewed. They will be reviewed at the next meeting. The minutes from March 2001 were reviewed. The following corrections were noted: On page 1 change 'The meeting was called to order by Peter Koffler, Acting Chairman at 8:10 p.m." To read" The meeting was called to order by Robert Anello, Chairman at 8:10 p.m." Linda Moiron made a motion to approve the minutes with corrections. Jim Galgano seconded. It was unanimous (4-0). Adjourned at 11:04 p.m. to next meeting. Respectfully Submitted, Anthony DelVecchio Zoning Board Meeting, May 16,2001 8 �APR 18 '01 1?:34 FR 0 8569494 TO 19146315880 P.01 Morvillo, Abramowitz, Grand, lason & Silberberg, P.C. 565 Fifth Avenue New York, New York 10017 Tel. No: (212) 856-9600 Fax No: (212) 856-9494 C S O H Y E E E Date: To: Company: Fax#: Voice Number: From: Client*; Pages; R FAX T April 18, 2001 Mr. Jim Margotta Village of Sleepy Hollow 914-631-5880 212-880-9520 Robert J. Anello, Esq. 1000 1, including this cover sheet COMMENTS: Mr. Margotta: I am out of town today. I would appreciate if you could cancel the Zoning Board meeting this evening. Please schedule another meeting for next month. Thank you. (DICTATED BUT NOT READ] The Information contained in this facsimSa message b attorney privileged and confidential inhumation intended only for the use of the individual or entity named above. 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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_2001-05-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-2001 Date A point or period of time associated with an event in the lifecycle of the resource 2001 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