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                  <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD OF APPEALS MEETING -APPROVED
January 21, 2004
The meeting was called to order by Robert Anello, Chairman at 8:02 pm. The Chair noted that a
quorum was present.
Present:

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

Absent :

Peter Koffler
Eliot Martone

Also Present: Robert Stiloski (Director, Department of Fire &amp; Life Safety)
Robert Ponzini (Gaines, Baker &amp; Novick/Village Attorney)
Anthony Del Vecchio (Recording Secretary)

Agenda:
1) David Hinman
126 Harwood Avenue
2) Laurentino Rodrigues
172 Valley Street
3) Cirillo Rodriguez
150 Cortlandt Street
4) Minutes of the November 2003 meetings

Announcements:
The Board went into executive session with counsel at 8:02pm.
The meeting was resumed at 8:12pm.
The Board discussed matters of litigation.
No action was taken.

1) David Henman This is an application for an area variance to replace an existing 2-car, 2-story garage
with a new 2-car garage where the proposed construction creates the following noncompliances:
Proposed
Side Yard - 6.86 - feet

Required
Min. side yard of 10-feet

�Rear yard -17.70 -feet

Min. rear yard of 25-feet

The Chair asked if the returns were received.
Bob Stiloski responded yes.
The Chair read the public notice aloud.
The Chair noted that the Board has received the following:
1) application dated 11/7/03
2) application for a building permit
3) plans dated 11/7/03
There was an open discussion on whether a variance was required since the structure is
detached.
It was agreed that a variance was not required based on recent revisions to the Village
Code § 62-13 (e).
It was unanimous that a variance was not required (5-0).

2) Laurentino Rodrigues This is a continuation from previous meetings.
Sean McCarthy recused himself from this application.
Sean McCarthy summarized the application to date. He stated that a mixed-use structure
is not permitted in a C-2 zone. He stated that the only variances required are rear yard
setbacks and lot coverage variances in addition to the use variance.
The Chair asked about the traffic impacts. He stated that the area is very congested. He
asked if the applicant had any traffic information.
Sean McCarthy responded that no traffic information was available but he would address
the issue.
There was an open discussion on what could be built as-of-right.
Jim Galgano asked about the retail space.
Sean McCarthy responded that the retail space would be a small store of office. He
stated that the space is approximately 1000 square feet.
The Chair asked that applicant to elaborate on the financial statement submitted to the
Board.
There was an open discussion on the accuracy of the financial statement.
APPROVED - Zoning Board of Appeals Meeting, January 21, 2004

2

�It was agreed that the financial statement needs to be certified and that supportive
documentation must be provided.
The Chair asked if the Board had any other questions.
Tom Capossela requested that additional renderings be provided.
Since there were no further questions, the Chair opened the public hearing.
Frank Occhipinti (8 Gaster Place) spoke. He stated that the impact of this project in the
Village would be detrimental. He stated that the project should be denied.
Since there were no further comments, Linda Moiron made a motion to close the public
hearing. Tom Capossela seconded. It was unanimous (4-0).
The Chair reviewed the financial statement. He questioned several items.
Laurentino Rodrigues admitted that the financial statements were inaccurate and
contained false information.
The Chair stated that a conforming structure could be built and with a conforming use.
He stated that this was a self-created hardship and that it would adversely affect the
neighborhood.
The Chair also stated that he would like to see something scaled down.
Jim Galgano stated that he has no objections to the mixed-use. He stated that he is
concerned with the parking. He stated that the applicant is meeting the parking
requirements. He also stated that the proposed structure could be scaled down.
Linda Moiron stated that the density is an issue. She stated that the proposed structure
should be scaled down.
Robert Ponzini stated that the use variance requires that the applicant submit financial
documents indicating proof of financial hardship.
The Chair made a motion to deny the variance. Linda Moiron seconded. It was denied
by a 4-0 vote (McCarthy abstained).

3) Cirillo Rodriguez The Chair read the attached Resolution for the record.
Linda Moiron made a motion to adopt the Resolution. Sean McCarthy seconded. It was
approved by a 4-0-1 vote (Moiron, McCarthy, Capossela and the Chairman approved, Galgano
abstained.)
APPROVED - Zoning Board of Appeals Meeting, January 21, 2004

3

�4) Minutes of the November 2003 meeting The minutes for November 2003 were reviewed. The Chair made a motion to approve the
minutes as amended. Linda Moiron seconded. It was unanimous (5-0).
The Chair made a motion to adjourn. Tom Capossela seconded. It was unanimous (5-0).

Adjourned at 9:00 p.m.
Respectfully Submitted,

Anthony Del Vecchio

APPROVED - Zoning Board of Appeals Meeting, January 21, 2004

4

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