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                  <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD MEETING
June 20,2001
The meeting was called to order by Robert Anello, Chairman at 8:05 p.m.
Present:

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

Absent:

John Moribito

Also Present: Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Anthony DelVecchio (Recording Secretary)
Jim Margotta (Building Inspector)
Bob Stilotski (Fire Inspector)
Agenda:
a)
b)
c)
d)

DFG Clinton Realty, Inc.
Michael Flynn
Frank Occhipinti
Minutes of January and May 2001

16 Clinton Street
127 Harwood Ave.
16 Hudson Street

Announcements:
The Chair stated that Bob Stilotski would be representing the Department of Fire and Life Safety
at the monthly meetings instead of Jim Margotta.
a) DFG Clinton Realty, Inc. This application has been withdrawn.
b) Michael Flynn The public notice was read aloud.
The Chair asked if the returns were received.
Jim Margotta responded yes.
Michael Flynn is the applicant. He is representing this application with his architect, Javier
Alagarcara.
The Chair acknowledged receipt of the following items:
1) application dated 4/23/01

�2) Letter from Jim Margotta denying a building permit dated 4/27/01.
3) Plans dated 6/17/00.
Michael Flynn submitted photos of other garages in the area. He stated that there was a previous
garage on the property but it was destroyed before he purchased the house. He stated that he was
applying for a variance for aesthetics. All other properties in the Manors have garages in the rear
of the property. He stated that by requiring the 25' rear setback, it would greatly increase the
visibility of the garage. He also stated that the 25' rear setback would also greatly reduce his
backyard usage.
Michael Flynn referred to a covenant in his deed that calls for a garage to have a 100' front yard
setback. Without this variance, they would be in violation of the covenant.
The Chair asked if there were any financial reasons.
Michael Flynn responded that it would not be cost effective to relocate the garage under the
screened in porch.
The Chair asked why the applicant chose this location.
Michael Flynn responded that there is a 14" dogwood tree that would have to be removed.
Additionally, the oil tank is nearby and if it had to be removed it would be a very large job with
the garage in the way.
The Chair asked if the Board had any questions.
The Chair asked the applicant about the decrease in usable square footage with the proposed
driveway and garage locations.
Michael Flynn responded that the proposed location does not bother them.
Michael Flynn stated that he tried working with the neighbors on the aesthetic and drainage
issues.
Javier Alagarcara stated that there is a proposed dry well at the rear of the property to collect
excess runoff.
The Chair asked if there were any other concerns from the Board.
Jim Margotta responded that the height of the garage is 16' high. He stated that it could only be
15' high as per the Village Code.
Michael Flynn responded that he would comply with the Village Code.
The Chair opened the public hearing.
Paul Yannantuono from 146 Farrington Ave spoke. He is the applicants rear neighbor. He
stated that work would have a negative impact on his property value. He also stated that this
would be a visual nuisance to his family and the neighborhood. He also stated that behind a
garage is the least groomed area of a yard. Lastly, he stated that he was concerned about the
potential water runoff that would be created by this garage. He requested that the variance be
rejected and the zoning code be upheld.
Zoning Board Meeting, June 20,2001

2

�The Chair asked Paul Yannantuono if his garage was non-conforming when he bought his house.
Paul Yannantuono responded yes.
Eliot Martone stated that garages are usually back to back.
The Chair asked Paul Yannantuono if the garage was back to back with his garage, would it be
acceptable.
Paul Yannantuono responded that he was not sure.
Eliot Martone asked Paul Yannantuono if the 1-car garage was originally on Michael Flynn's
property when Paul Yannantuono purchased his house 19 years ago.
Paul Yannantuono responded no.
Mark Greenburg from 115 Farrington Ave spoke. He stated that the applicant is building storage
in addition to a two-car garage. He stated that he is opposed to the garage.
Since there was no further public comment, Linda Moiron made a motion to close the public
hearing. Eliot Martone seconded. It was unanimous.
Eliot Martone stated that it is a large project. He stated that he would like to see the size
reduced.
Jim Margotta stated that the size is within the Code.
The Chair stated that it is quite large. The Chair stated that the applicant could mitigate some of
the Boards concerns by reducing the size and moving the garage over.
Michael Flynn responded that the garage could be reduced from 25'x31' to become 23'x 23'.
This was accomplished by removing the proposed storage section.
The Chair stated that the garage should now have a 15' rear setback.
Michael Flynn stated that the reduction would come from the west sideyard.
The Chair stated that the garage offset is a concern of the Board.
Michael Flynn stated that he would like the Board to vote on the revised proposal now being a
reduced 23' x 23' garage with a 151 rear setback.
The Chair stated that the following restrictions are to be set.
1) 15'rear setback.
2) 15'height
3) 23'x 23'dimension with side setback 15' -4-1/2".
4) East wall not changing
5) 2-1/2' removed from west wall.
Miguel Jiminez made a motion to grant the variance with the mentioned changes. Peter Koffler
asked about the landscaping behind the garage.
The Chair added that the ARB must approve the rear of garage and landscaping with zero runoff.
Zoning Board Meeting, Jane 20,2001

3

�The Chair allowed Paul Yannantuono to speak although the public hearing is closed. He stated
that the gutters on the garage must be maintained to be effective. He also stated that he was
concerned that the landscaping behind the garage would not be maintained if the current owners
move.
Peter Koffler seconded the motion. It was unanimous.

c) Frank Occhipinti The Chair stated that this is a continuation of the 5/16/01 meeting.
The Chair noted that a court reporter is present for this application.
The Chair summarized all materials received by the Zoning Board to date.
Frank Occhipinti requested that his application be transferred to the Planning Board.
The Chair referred to Counsel.
Ed Lammers stated that the applicant is not applying for site plan approval.
Frank Occhipinti requested that his application be withdrawn.
Linda Moiron made a motion to accept Frank Occhipinti's request. Eliot Martone seconded. It
was unanimous.

d) Minutes The minutes from May 2001 were reviewed.
The following corrections were noted:
On page 1, change:
4) Letter from Frank Occhipinti to Jim Margotta dated 12/5/97."
To read:
4) Letter from Jim Margotta to Frank Occhipinti dated 12/5/97."
On page 2, change:
"He stated that the Village sold the property to David Star in lieu of dropping the lawsuit."
To read:
"He stated that the Village sold the property to David Star in connection with dropping the
lawsuit."
On page 3, change:
Zoning Board Meeting, Jane 20,2001

4

�"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."
To read:
"A discussion was held concerning the interpretation of the maximum length of the 25'
curb cut 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 whether the curb cut is within 15 feet of Frank
Occhipinti's property with a commercial/industrial use."
On page 3, delete:
" He stated that this does not apply."
On page 4, change:
"The Chair asked Sam Vieira why is the applicant converting down."
To read:
"The Chair asked Sam Vieira why is the applicant reducing the number of apartments."
Change Peter Koeffler to read Peter Koffler, throughout the entire meeting.
The Chair made a motion to approve the minutes with corrections. Peter Koffler seconded. It
was unanimous.
The minutes from January 2001 were reviewed.
Miguel Jiminez made a motion to approve the minutes as submitted. Linda Moiron
seconded. It was unanimous.
Adjourned at 9:20 p.m. to next meeting.

Respectfully Submitted,

Anthony DelVecchio
Zoning Board Meeting, June 20,2001

.;- --^'-J-.: "i »v^r --*.-•:: - - w ^ ^ ^ - ' - ^ f e i . ; ^ . - . - ^ ^ ^

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