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                  <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD OF APPEALS MEETING -APPROVED
March 19, 2003
The meeting was called to order by Robert Anello, Chairman at 8:00 P.M. The Chair noted that
a quorum was present.
Present:

Robert Anello, Chairman
Eliot Martone
Linda Moiron
Sean McCarthy
Tom Capossela
James Galgano

Absent :

Peter Koffler

Also Present: Ed Lammers (Murphy, Stecich &amp; Powell/Village Attorney)
Robert Stiloski (Director, Department of Fire &amp; Life Safety)
Anthony Del Vecchio (Recording Secretary)

Agenda:
1) Juan Ordonez
2) Minutes of the February 2003 meeting

23 Andrews Lane

Announcements:
There was none.

1) Juan Ordonez This is an application for an area variance to legalize an existing two-family residence
where the existing dwelling has the following non-compliances:
Proposed
Front yard is 2.1-feet

Required
Min. front yard of 20-feet

Lot coverage 55%

Max lot coverage is 35%

The north side yard setback is 1.7-feet
and the south side yard setback is 2.8-feet.
The combined setback is 4-feet 5-inches.

Minimum side yard setback is
5-feet and a total (both sides) of 15.

Lot Width is 38.9 feet

Lot width of 40-feet is required.

No parking spaces

2 parking spaces required

�The public notice was read aloud.
The Chair asked if the returns were received.
Bob Stiloski responded yes.
The Chair stated that the Board was in receipt of the following items:
1) Application
2) Denial letter from Jim Margotta
3) Plans dated 01/20/03
4) Short EAF
Winston Benefield is representing this application along with Nelson Guerrero on behalf of the
applicant Juan Ordonez.
Winston Benefield stated that the property is existing and that the setbacks are existing. He
described the layout of the property.
The Chair asked about the rear addition.
Winston Benefield responded that he did not know when the rear addition was built.
The Chair asked why the Board should grant a variance.
He explained that the applicant purchased the property under the impression that it was a legal
two-family residence.
There was an open discussion on whether or not the applicant knew the property was a legal twofamily residence.
The Chair asked why an area variance should be issued.
Winston Benefield responded that other properties in the area have the same set-up so this would
not be out-of-character with the neighborhood. He stated that many homes are multi-family and
have no off-street parking.
The Chair asked if the applicant had any proof that other multi-family homes have no off-street
parking. He stated that many houses on Andrews Lane have garages.
Winston Benefield responded that he did not have any proof to show the Board.
The Chair asked if the applicant could build a garage.
Winston Benefield responded no.
The Chair asked if the applicant could build off-street parking.
Winston Benefield responded no. He stated that the property would not allow any off-street
parking to be built.
The Chair asked about the current use of the property.
Winston Benefield responded that it is currently used as a two-family residence.
APPROVED - Zoning Board of Appeals Meeting, March 19, 2003

2

�The Chair asked about the number of electric meters.
Winston Benefield responded one.
The Chair asked if there were any other reasons for granting a variance.
Winston Benefield responded that the owners want to legalize the two-family residence.
The Chair asked why.
Winston Benefield responded to subsidize their income.
The Chair asked why the applicant did not seek a variance in 1998 when they purchased the
property.
Winston Benefield responded that they could not afford to pay for the necessary construction that
was required.
The Chair asked about the size of the apartments.
Juan Ordonez responded
1st floor: one-bedroom
2nd floor: two-bedroom
Tom Capossela asked if the property was currently rented.
Juan Ordonez responded no.
The Chair opened the public hearing.
Maryann Diaz (co-owner of 19 Andrews Lane) spoke. She stated that she is concerned with the
parking in the area.
Blas Diaz (co-owner of 19 Andrews Lane) spoke. He stated that the property was illegally
converted into a two-family residence about 25 years ago. He stated that he does not want cars
parking on his property.
Sean McCarthy stated that there are issues with parking in the area.
Since there was no further public comment, Eliot Martone made a motion to close the public
hearing. Jim Galgano seconded. It was unanimous (6-0).
The Chair stated that previous letters from the Building Department dating back to 1994 all
stated that the property is a one-family residence.
The Chair stated that he is concerned about the additional parking clogging up streets. He stated
that this is a self-created hardship. He also stated that he does not agree that it is not out-ofcharacter with the neighborhood. He stated that there is no reason to grant the variance.
Jim Galgano asked Bob Stiloski what the Building Department records indicate.
Bob Stiloski responded that there are no records prior to 1994.

APPROVED - Zoning Board of Appeals Meeting, March 19, 2003

3

�Jim Galgano asked about the tax records.
Bob Stiloski responded that he did not know.
Tom Capossela stated that the kitchen and bath look like they do not conform to the Building
Code.
Bob Stiloski responded that the stairs are not correct either.
The Chair asked if the property would conform to the Building Code.
Bob Stiloski responded that he would not know until construction documents are submitted.
The Chair asked the Board for comments.
Linda Moiron stated that the owners knew about the conditions of the property when they
purchased it. She stated that parking in the area is an issue.
Eliot Martone stated that he agreed. He stated that this application is not in the best interest of
the neighborhood. He stated that there are plenty of documents indicating that this property is a
one-family residence.
Eliot Martone made a motion to deny the application. Tom Capossela seconded. It was
unanimous (6-0).

2) Minutes of the February 2003 meeting The minutes for February 2003 will be reviewed at the next meeting.

Eliot Martone made a motion to adjourn. Jim Galgano seconded. It was unanimous (6-0).

Adjourned at 8:50 p.m.
Respectfully Submitted,

Anthony Del Vecchio

APPROVED - Zoning Board of Appeals Meeting, March 19, 2003

4

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