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                  <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD OF APPEALS MEETING
April 17,2002

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P P r PI \/ c n
U fc V E D
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MA y 1 3 n m

The meeting was called to order at 8:03 P.M. by Robert Anello, Chairman. ^ l ^ j S J ^ ^ t ^ i S ^
a quorum was present.
Present:

Robert Anello, Chairman
Linda Moiron
James Galgano
Peter Koffler

Absent:

Miguel Jiminez
Bruno Volpacchio
Eliot Martone

Also Present: Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Bob Stiloski (Director, Department of Fire and Life Safety)
Anthony Del Vecchio (Recording Secretary)
Agenda:
a) Giovanni Volpacchio
b) James and Richard Belliveau
c) George Samaras
d) Blue Gorilla Studios
e) Sean McCarthy
f) Minutes of March 2002 meeting

Announcements:
The Chair stated that two new members have been appointed to the Zoning Board.
a) Giovanni Volpacchio This is a continuation from a previous meeting.
There was nobody present to represent this application.
Bob Stiloski stated that the applicant had a death in the family.
This was adjourned to next meeting.
b) James and Richard Belliveau This is a continuation from a previous meeting.

�The Chair read a letter from Dennis Fitzgerald requesting an adjournment. The Chair read the
letter for the record (see attached).
The Chair read a letter dated 4/3/02 from John Matthews addressing the denying of the variance.
There was an open discussion on whether to allow the adjournment or not.
The Chair opened the public hearing.
Ted Jako (22 Continental Street) spoke. He stated that no agreement had been reached between
the two neighbors. He stated that the applicant has refused to speak to neighbors concerning the
drainage. He summarized the carport and the 6' fence and shed construction over the last 5
years.
The Chair asked about the new drainage system.
Ted Jako responded that he does not know anything about it.
Peter Koffler asked if the drainage were corrected, would Ted Jako accept the shed in its
location.
Ted Jako responded no. He stated that he would like for it to be removed.
Jim Galgano asked if drainage was part of the ZBA's jurisdiction.
Ed Lammers responded that the drainage is part of the application.
Ted Jako stated that the shed was built without a permit. He wants the Village Ordinance to be
upheld.
The Chair asked what the setbacks were.
Ed Lammers stated that the side-yard setback is less than 3' and the rear yard setback is less
than 25'.
The Chair asked if there are any other public comments.
There were none.
Linda Moiron made a motion to close the public hearing. Jim Galgano seconded. It was
unanimous (4-0).
There was an open discussion on whether or not to accept the request for an adjournment.
Jim Galgano made a motion to adjourn to the next meeting. Linda Moiron seconded. The Chair
stated that all information must be submitted 2 weeks before the next meeting. It was
unanimous. (4-0)

Zoning Board of Appeals Meeting, April 17,2002

2

�c) George Samaras This is an application for an area variance.
The Chair asked if the returns were received.
Bob Stiloski responded yes.
George Samaras is the applicant and is representing the application. He requested an
adjournment. He stated that the original application was for a variance of 11 parking spaces. He
stated that he has been able to acquire parking and will amend the application.
There was an open discussion on whether a new application is needed or not.
The Chair asked if anyone from the public wished to comment on this application.
There was no public comment.
Peter Koffler made a motion to adjourn this application to the next meeting. Linda Moiron
seconded. It was unanimous (4-0).
d) Blue Gorilla Studios This is a request for a re-instatement of a previously granted variance.
The public notice was read aloud.
The Chair stated that the Board had received the following:
1) Public notice.
2) List of names of people to be noticed.
3) Application with minutes of previous meeting (06/21/00).
4) Survey.
DaVid Stoiley is representing the application. He stated that he did not know that the variance
had a one-year time limit. He stated that Blue Gorilla Studios were still working with some
artists at their other studio and construction (in sleepy Hollow) would start very soon.
The Chair asked if the variance was granted.
David Stoiley responded yes. The approved variance was for one-parking space.
The Chair opened the public hearing.
Since there were no public comments, Jim Galgano made a motion to close the public hearing.
Peter Koffler seconded. It was unanimous (4-0).
Peter Koffler made a motion to approve. Jim Galgano seconded. It was unanimous (4-0).
Zoning Board of Appeals Meeting, April 17,2002

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3

�e) Sean McCarthy This is a request for an area variance.
The public notice was read aloud.
The Chair asked if the returns were received.
Bob Stiloski responded yes.
The Chair stated that the Board had received the following:
1) Public notice.
2) Application.
3) 03/08/02 letter denying the building permit.
4) Building Permit application.
5) Drawings dated 03/13/02.
Sean McCarthy is the applicant and is representing this application. He summarized the
proposed application. He stated that the proposed project requires a variance based on Village
Code Ch 62, Article 7 (modifications to non-conforming structures). He discussed the existing
setbacks. He stated that the addition is conforming but the existing house is non-conforming.
The Chair asked about the rear yard setbacks.
Sean McCarthy responded that they are within the Village Zoning requirements.
The Chair asked if an application was submitted to the Architectural Review Board.
Sean McCarthy responded yes.
Sean McCarthy submitted photos of the existing residence.
Jim Galgano asked if the house was a one-family.
Sean McCarthy responded yes. He stated that he needs more space for his family.
The Chair stated that this is not a self-created hardship since it is existing. He also stated that it
would enhance the neighborhood.
The Chair opened the public hearing.
Tanya Monier (32 Maple Street) spoke. She stated that the proposed work seems ok to her.
Since there were no other public comments, Peter Koffler made a motion to close the public
hearing. Jim Galgano seconded. It was unanimous (4-0).
Peter Koffler made a motion to approve the application as submitted. Linda Moiron seconded.
It was unanimous (4-0)
Zoning Board of Appeals Meeting, April 17,2002

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�f) Minutes of March 2002 meetingThe minutes for March 2002 were reviewed. Linda Moiron made a motion to approve the
minutes as submitted. Peter Koffler seconded. It was unanimous (4-0).
Jim Galgano made a motion to adjourn. Linda Moiron seconded. It was unanimous (4-0).
Adjourned at 8:59 p.m. to next meeting.
Respectfully Submitted,

Anthony Del Vecchio

Zoning Board of Appeals Meeting, April 17,2002

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�ftPR-17-2882

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LAW O F F I C E S O F -

CHADBOURNE. O ' N E I L L , THOMSON, WHALEN a FITZGERALD
OCBALD ». © M C I L L (lgoa.itss)
BOBMT C. THOMSON. JR.
iMKMftER N.J. » N.Y. BAfttl
JOHN B. WHALKN f l * 1 0 - l » ? « )
0«Nh|» M. FITJftKftALD

F.O. SOX 7fit
3 C « I » T HOLLOW, N.Y. 10891

April 17,2002

OF COUNSEL
THOMAS C. FHKLAN
(MEMBER N.J. * FLA. BAM)
R06CH P. MURRAY III
fMKNBXR N.H. BAR ONLY)

Re: 6071
Premises: 20 Continental Street
Sleepy Hollow, New York
Section 15 Block 5 Lot 23 A
Dear Mr. Chairman and Members of the Board:
As you know, we represent Mr. James Belliveau and Mr. Richard Belliveau, the
owners of the above premises in connection with a Zoning Board of Appeals application
that is on calendar for this evening. Pursuant to discussions I have had with the building
Department, this letter requests an adjournment of one month for the purposes of
obtaining the written report of the Engineer engaged by my clients pursuant to the
discussions at the last meeting. As I believe Mr. Stiloski is aware, a drainage system has
been installed on the side of the shed abutting the property of Mr. Jako, the nearest
neighbor which has diverted the water completely awayfromMr. Jako's property. Based
on my oral discussions with the Engineer, I anticipate the written report will be favorable
to my client's application in view of the discussions which occurred at the last meeting of
the Board The additional time is necessary to obtain the written report so that it can
substantiate the foregoing.
Respectfully,

Dennis M. Fitzgerald
Chairman &amp; Members of the
Zoning Board of Appeals
C/o Sleepy Hollow Building Department
Village of Sleepy Hollow
28 Beekman Avenue
Sleepy Hollow, New York 10591
ATTN: SONJA
DMF:asw
cc. Via Facsimile: (914)332-7074
Mr. James Belliveau
Mr. Richard Belliveau

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