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                  <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD OF APPEALS MEETING -APPROVED
May 19, 2004
The meeting was called to order by Robert Anello, Chairman at 8:00 pm. The Chair noted that a
quorum was present.
Present:

Robert Anello, Chairman
Linda Moiron
Peter Koffler
Tom Capossela
James Galgano

Absent :

Eliot Martone

Also Present: Sean McCarthy (Village Architect)
Anthony DelVecchio (Recording Secretary)

Agenda:
1) Elaine Metcalf
2) Hiroshi Mitsumoto
3) Carlos Panjon
4) Marisol Williams
5) Minutes of the April 2004 meeting

127 Devries Avenue
165 Hunter Avenue
34 Cedar Street
120 Beekman Avenue

Announcements:
None.

1) Elaine Metcalf This is an application for an area variance to construct a second floor addition and a new
front porch where the proposed construction creates the following non-compliances:
Required
Front yard setback = 30.0 feet

Proposed
Front yard setback = 27.0 feet

The Chair asked if the returns were received.
Sean McCarthy responded yes.
The public notice was read aloud.
The Chair stated that the Board had received the following:
1) application for a variance dated 04/14/04
2) plans dated 03/30/04

�3) Letter from Jim Margotta denying the request for a building permit.
4) Pictures of residence from the street
Bjorn Slate is the project architect. He is representing this application along with Elaine Metcalf.
Bjorn Slate explained that the applicant wants to replace and expand the existing front porch and
expand the upstairs bedroom. He stated that the building footprint would not change. He stated
that the porch would be reframed and the upstairs bedroom would be expanded. He stated that
the existing porch is currently set back 27-feet from the front yard and the upstairs bedroom
would be expanded on top of the porch.
The Chair asked if the Board had any questions.
There was none.
The Chair opened the public hearing.
Since there were no public comments, Linda Moiron made a motion to close the public hearing.
Jim Galgano seconded. It was unanimous (5-0).
Peter Koffler asked if the new exterior would match the existing.
Bjorn Slate responded yes.
The Chair stated that this is not a self-created hardship and that the variance is the minimum
variance that could be granted. He also stated that it is not out-of-character with the
neighborhood.
Jim Galgano made a motion to approve the application as submitted. Tom Capossela seconded.
It was unanimous (5-0).

2) Hiroshi Mitsumoto This is an application for variances to construct a one story addition and open deck to the
rear of the existing single-family residence requiring the following variances:
Required
Min lot area = 10,000- sq feet
Min lot width = 75-feet
Min one side yard = 10-feet
Min combined side yard setback = 25-feet

Proposed
Min lot area = 9,000-sq feet
Min lot width = 60-feet
Min one side yard = 9.5 feet
Min combined side yard setback = 19.5-feet

Also:
a) Application of Regulations - a variance is required to the Village Zoning Code
with regards to adding to an existing non-conforming building and lot.

APPROVED - Zoning Board of Appeals Meeting, May 19, 2004

2

�The Chair asked if the returns were received.
Sean McCarthy responded yes.
The public notice was read aloud.
The Chair stated that the Board had received the following:
1) application for a variance dated 04/13/04
2) plans dated 04/14/04
Joe Bertilino is the project architect and is representing this application. He briefly explained the
proposed project. He stated that the existing deck would be removed and a new open deck
would be constructed. He also reviewed the existing setbacks for the Board.
The Chair asked if all of the non-conformities were existing.
Joe Bertilino responded yes.
The Chair asked if the project would be affecting the read yard setback.
Joe Bertilino responded no.
The Chair asked if a variance was required when the house was originally built.
Joe Bertilino responded that the house was built 50 years ago.
The Chair asked if the Board had any comments.
There was none.
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 (5-0).
The Chair stated that this is the minimum variance that could be granted. He also stated that this
project is not out-of-character with the neighborhood and that is not a self-created hardship.
Tom Capossela made a motion to approve the application as submitted. Linda Moiron seconded.
It was unanimous (5-0).

3) Carlos Panjon This is an application for variances to construct a one story addition and open deck to the
rear of the existing single-family residence requiring the following variances:
Required
Min lot size = 4,000- sq feet
Min lot width = 40-feet
Min front yard = 20-feet

Proposed
Min lot size = 1,855-sq feet
Min lot width = 25-feet
Min front yard = 8.97-feet

APPROVED - Zoning Board of Appeals Meeting, May 19, 2004

3

�Min one side yard = 5.0-feet
Min combined side yard setback = 15-feet
Min rear yard = 25.0-feet
Max permitted lot coverage = 35%

Min one side yard = 0.99-feet
Actual one side yard = 0.99feet
Min combined side yard setback = 6.15-feet
Actual combined side yd setbacks = 6.15-feet
Min rear yard = 23.0-feet
Actual rear yard = 23.0-feet
Proposed lot coverage = 38%
Actual lot coverage = 31%

Also:
a) Application of Regulations - a variance is required to the Village Zoning Code
with regards to adding to an existing non-conforming building and lot.
b) Off- Street parking and Loading Spaces –
Required - a minimum parking stall shall be 9ft wide and 18 feet long.
Proposed – proposed space is 7ft wide and 15 ft long.
c) Required Parking spaces –
Minimum required spaces are two.
Actual parking spaces are zero.
Proposed parking spaces is one.
The public notice was read aloud.
The Chair asked if the returns were received.
Sean McCarthy responded yes.
The Chair stated that the Board had received the following:
1) application for a variance dated 04/20/04
2) plans dated 03/15/04
3) Letter from Michael Hyland objecting to the proposed work.
Robert Barstow is the project architect and is representing this application along with Carlos
Panjon. He stated that the owner wants to enlarge a bedroom and expand the dwelling into the
rear of the property. He submitted a letter dated 10/30/2003 from the adjacent neighbor (Carlos
Figueroa) not objecting to the proposed parking space.
The Chair asked the applicant to review the setbacks.
Robert Barstow responded that the proposed work would not be affecting lot size, width and the
front yard setback.

APPROVED - Zoning Board of Appeals Meeting, May 19, 2004

4

�There was an open discussion on the front yard setback. It was agreed that 10-feet was
acceptable as a setback based on neighboring properties.
Robert Barstow responded that the proposed work would also not affect the side yard setback
(one side) the read yard and side yard (combined) setbacks.
The Chair asked how much does the proposed addition extend from the main structure without
the enclosed addition currently on the rear of the property.
Robert Barstow responded about 5-feet.
The Chair asked if a curb cut currently exists.
Robert Barstow responded no.
The Chair asked if parking is needed based on lack of parking.
Robert Barstow responded yes. He stated that Cedar Street allows parking on only one side of
the street.
The Chair stated that no street parking would be lost because of the curb cut.
The Chair asked about the current number of bedrooms.
Robert Barstow responded that there are two bedrooms on the first floor and one bedroom on the
second floor.
The Chair asked which unit the owner occupies.
Robert Barstow responded in the bottom unit. He also stated that the owner is only expanding
the existing bedroom on the first floor and adding a living room on the 2nd floor.
There was an open discussion on the parking space and how it would fit in the front yard.
Peter Koffler asked if the property was a legal 2-family dwelling.
Robert Barstow responded yes.
Linda Moiron asked about the existing square footage of the property.
Robert Barstow responded 1200 square feet.
The Chair opened the public hearing.
Since there were no public comments, Linda Moiron made a motion to close the public hearing.
Jim Galgano seconded. It was unanimous (5-0).
The Chair referred to the letter received by Michael Hyland. The Chair asked the applicant if he
knew why Michael Hyland opposed the proposed work.
Sean McCarthy stated that Michael Hyland stated that he was opposed to the increased density in
the area as well as the proposed parking spot.
Peter Koffler stated if the parking space were approved, he would be concerned with rear yard
access in an emergency.
APPROVED - Zoning Board of Appeals Meeting, May 19, 2004

5

�Linda Moiron agreed.
Jim Galgano questioned the property being a legal 2-family dwelling.
It was verified that the property is a legal 2-family residence.
Sean McCarthy stated that since one side yard is 0.99 feet, a one-hour fire rated wall is required.
Robert Barstow responded that the fire rating would be addressed in the construction documents.
The Chair stated that this is the minimum variance that could be granted. He also stated that this
project is not out-of-character with the neighborhood and that is not a self-created hardship.
Jim Galgano made a motion to approve the dwelling extension as submitted. Peter Koffler
seconded. It was approved (4-1) (Capossela).
Peter Koffler made a motion to deny the request to construct a parking space in the front yard.
Linda Moiron seconded. It was unanimous (5-0).

4) Marisol Williams Since nobody attended the meeting on behalf of the applicant, this item was adjourned to the
next meeting.

5) Minutes of the April 2004 meeting –
The minutes for April 2004 will be reviewed at the next meeting.

The Chair made a motion to adjourn. Tom Capossela seconded. It was unanimous (5-0).

Adjourned at 9:10 p.m.
Respectfully Submitted,

Anthony Del Vecchio

APPROVED - Zoning Board of Appeals Meeting, May 19, 2004

6

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