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                  <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD OF APPEALS MEETING -APPROVED
May 21, 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
Linda Moiron
Sean McCarthy
James Galgano

Absent :

Tom Capossela
Eliot Martone
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) Benjamin Hunter
163 Highland Avenue
2) John Masiello
12 Palmer Avenue
3) James Volpe
26 Hudson Terrace
4) Cirillo Rodriguez
150 Cortlandt Street
5) Minutes of the February, March and April 2003 meetings

Announcements:
The Chair stated that the Board would not have a quorum for the Benjamin Hunter
application. The Chair stated that the applicant could go to the Architectural Review
Board.

2) John Masiello This is an application for area variances to construct a rear addition to the residence
where the existing dwelling has the following non-compliances:
Proposed
Side yard is 10.6 feet and the both side
yards combined are 20.69 feet.

The Chair asked if the returns were received.

Required
Minimum of 10 feet on one side and
Both side yards combined must be
25 feet.

�Bob Stiloski responded yes.
The public notice was read aloud.
The Chair stated that the Board was in receipt of the following:
1) Application
2) Survey showing existing structure (dated 04/27/94)
3) Plans
Mrs. Masiello is representing this application along with Frank Ambrosino the project architect.
She stated that the purpose of the extension was to expand the kitchen, bathroom, and mudroom.
The Chair asked if the non-conformity was only on the one side.
Mrs. Masiello responded yes.
Frank Ambrosino stated that the new work would be aligned with the existing non-conformity.
The Chair stated that most of the new work is in the rear. He also stated that this is the minimum
variance that could be granted.
Sean McCarthy asked if the existing screened porch has a Certificate of Occupancy.
Frank Ambrosino responded that he did not know.
Sean McCarthy asked if the same effect could be achieved by knocking down the screened
porch. He stated that a variance would not be needed if the screened porch could be knocked
down.
Frank Ambrosino responded that he did not know. He stated that this option was not
investigated. He also stated that the existing footings would be re-used if they are structurally
sound.
The Chair stated that other houses in the neighborhood have infringements on the side yard so it
is not out-of-character with the neighborhood.
The Chair opened the public hearing.
Since there were no public comments, Sean McCarthy made a motion to close the public
hearing. Jim Galgano seconded. It was unanimous (4-0).
The Chair stated that the variance was not substantial. He also stated that the proposed work was
not out-of-character with the neighborhood and that it was not a self-created hardship.
Jim Galgano made a motion to approve the variance as requested. Linda Moiron seconded. It
was unanimous (4-0).
3) James Volpe This is an application to construct a rear addition to his residence where the proposed addition
APPROVED - Zoning Board of Appeals Meeting, May 21, 2003

2

�will create the following non-compliances:
Proposed

Required

Structure will cover 38.4% of the lot

Maximum lot coverage is 35%

Side yard is 0.4 feet and the both side
yards combined are 1.8 feet.

Minimum of 3 feet on one side and
both side yards combined must be 12
feet.

The Chair asked if the returns were received.
Bob Stiloski responded yes.
The public notice was read aloud.
The Chair stated that the Board was in receipt of the following:
1) Letter from James Volpe dated 04/21/03
2) Petition for a variance
3) Survey
4) Copy of the survey with notations
Greg McWilliams is the project architect and is representing this application along with James
Volpe.
Greg McWilliams explained the layout of the existing lot. He stated that he could only build
towards the rear of the property. He described the proposed changes to the house and the garage.
He reviewed the variances sought.
The Chair asked why the applicant is seeking a variance.
Greg McWilliams described the layout of the house in relation to the neighborhood. He
described the proximity of the property to the Sleepy Hollow High School.
The Chair opened the public hearing.
Since there was no public comment, Linda Moiron closed the public hearing. Jim Galgano
seconded. It was unanimous (4-0).
There was an open discussion on the accuracy of the public notice concerning both side yards
requiring variances.
It was determined that the public notice was accurate.
Linda Moiron asked how a fire truck would access the property.
Greg McWilliams responded that they could access the house from the high school parking lot.
The Chair asked about the size of the garage.
Greg McWilliams responded 12’x20’.
APPROVED - Zoning Board of Appeals Meeting, May 21, 2003

3

�The Chair asked about the standard for a one-car garage.
Greg McWilliams responded 9’x20’.
The Chair asked if the applicant could add the 3-foor opening on the side yard opposite the high
school.
There was an open discussion on whether a 3-foot walkway could be achieved.
It was agreed that a conditional variance could be granted.
Linda Moiron made a motion to approve a 1.4-foot side yard variance on one side, total side yard
variance (less than 12 feet total) and the variance for lot coverage and deny the request for a
variance for the other side yard (3-foot side yard). Jim Galgano seconded. It was unanimous
(4-0).
4) Cirillo Rodriguez This is an application for an area variance to construct an addition. The applicant is
requesting a variance for the following non-compliances:
Proposed
Front yard is 5-feet

Required
Min. front yard of 20-feet

Lot size is 2687.5 SF

Min. size required is 4,000 SF

Lot Width is 21.5 feet

Lot width of 40-feet is required.

Lot coverage 51%

Max lot coverage is 35%

The north side yard setback (existing) is 0-feet
Minimum side yard setback is
and the south side yard setback (existing) is 0-feet 3-feet and a total (both sides) of 12.
The north side yard setback (proposed) is 4-feet
Minimum side yard setback is
and the south side yard setback (proposed) is 1.9-ft. 3-feet and a total (both sides) of 12.
No parking spaces

two parking spaces required

Jeffrey Shumedja is representing this application along with Cirillo Rodriguez.
The Chair stated that he was concerned that nobody was present for the last two meetings
because of an improper adjournment without notice. He stated that the public would not be
properly represented. He also stated that other supporting documents were requested and not
received. He also stated that the Board had received a memo from the applicant just prior to
tonight’s meeting.
APPROVED - Zoning Board of Appeals Meeting, May 21, 2003

4

�The Chair asked if the side yard variance was revised.
Jeffrey Shumedja stated that the applicant is requesting 0.3 feet on one side yard. He also stated
that nobody from the public attended the meeting to speak on this application at the last meeting.
Ed Lammers stated that the lot coverage has also changed from 51% to 49%.
There was an open discussion on whether the public notice was accurate or not.
The Chair asked when the plans were received.
Bob Stiloski responded May 9, 2003. He also stated that the plans are dated May 1, 2003.
Jeffrey Shumedja stated that only one variance has changed. He stated that there is no provision
in the Village Code on the length of time for an application. He also stated that the applicant
does not prepare the public notices.
The Chair stated that new plans were submitted after the notice was sent out.
There was an open discussion on the accuracy of the notice.
Ed Lammers stated that if the drawings were submitted on May 1, 2003, it would be impossible
to get out a public notice since the Village Code requires that the public notices be sent out 20
days prior to the meeting.
The Chair expressed concerns that the public is not aware that the application is moving forward
since it was adjourned for the last few months.
The Chair polled the Board.
It was agreed that the public notice needs to be resent.
Jeffrey Shumedja stated that the Village told the applicant that the Board would not hear the
application since the plans were incomplete.
Sean McCarthy made a motion to re-notice the public in accordance with the plans dated May 1,
2003. Jim Galgano seconded. It was unanimous (4-0).
Jeffrey Shumedja stated that the applicant does not create the public notice.
The Chair stated that the applicant has an obligation to make sure that the notice is accurate and
that it is distributed. He also stated that the applicant needs to make sure that the Board and the
public have accurate information.

5) Minutes of the February, March and April 2003 meetings -

APPROVED - Zoning Board of Appeals Meeting, May 21, 2003

5

�The minutes for February 2003 will be reviewed at the next meeting.
The minutes for March 2003 were reviewed. Sean McCarthy made a motion to approve the
minutes as submitted. Linda Moiron seconded. It was unanimous (4-0).
The Draft minutes for April 2003 were reviewed.
On page 2, it reads:
“The Chair stated that only one side yard is required. He also spoke about the garage
setbacks.”
It should read:
“The Chair stated that only one side yard variance is required. He also spoke about the
garage setbacks.”
On page 2, it reads:
“Michael McGarvey is the project Engineer and is representing the applicant. He stated
that the applicant is looking to convert an existing one-family house into a two-family
house. He spoke about the characteristics of the neighborhood concerning parking.”
It should read:
“Michael McGarvey is the project Engineer and is representing the applicant. He stated
that the applicant is looking to convert an existing one-family house into a two-family
house. He spoke about the characteristics of the neighborhood concerning parking. He
also stated that the suggested variance is not out of character with the
neighborhood.”
Linda Moiron made a motion to approve the minutes as amended. Chairman Anello seconded.
It was unanimous (4-0).
Linda Moiron made a motion to adjourn. Jim Galgano seconded. It was unanimous (4-0).
Adjourned at 9:11 p.m.
Respectfully Submitted,

Anthony Del Vecchio

APPROVED - Zoning Board of Appeals Meeting, May 21, 2003

6

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