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                  <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD OF APPEALS MEETING -APPROVED
November 17, 2004
The meeting was called to order by Eliot Martone, Acting Chairman at 8:10 pm. The Chair
noted that a quorum was present.
Present:

Eliot Martone, Acting Chairman
Peter Koffler
Linda Moiron
James Galgano

Absent :

Robert Anello, Chairman

Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Robert Ponzini (Gaines, Baker &amp; Novick/Village Attorney)
Agenda:
1) James Ford
132 Bedford Road
2) Daniel Diaz
168 Cortlandt Street
3) Sleepy Hollow Designs
34-36 Clinton Street
4) Minutes of the July and October 2004 meetings

Announcements:
The Chair stated that since only four members are present, the applicants could request an
adjournment to the December meeting since a unanimous vote would be required for approval.

1) James FordThis is a continuation from the previous meeting.
There was nobody at the meeting to represent this application.
Sean McCarthy stated that the survey was the only item that the Board requested at the last
meeting. He spoke about the location of the fence.
The Chair asked if there were any public comments.
Since there were no public comments, Peter Koffler made a motion to close the public hearing.
James Galgano seconded. It was unanimous (4-0).
Peter Koffler asked about the type of fence the applicant proposed.
Sean McCarthy responded that the fence was made of wire mesh. He stated that the fence was
required by the applicant to keep deer off the property. He also stated that the fence was already
installed.

�There was an open discussion on whether to proceed without the applicant present.
Peter Koffler made a motion to adjourn this item to the next meeting. James Galgano seconded.
It was unanimous (4-0).

2) Daniel Diaz This is an application for variances to construct an office space in the lower level of the
structure where the proposal creates the following non-compliances:
Required Parking Spaces:
Proposed office requires 2 spaces.
No spaces are provided.

The Chair asked if the returns were received.
Sean McCarthy responded yes.
The public notice was read aloud.
Jon Turnquist is the project architect and is representing this application along with
Daniel Diaz.
The Chair stated that the Board had received the following:
1) application
2) petition for a variance
3) short EAF
4) plans
Jon Turnquist spoke about the proposed office in the basement area. He stated that parking is not
an issue since the owner lives ½ block away from property. He stated that the owner needs an
office to run his grocery store. He stated that the property currently has two apartments on top of
the grocery store.
The Chair asked why a full bath is required.
Jon Turnquist responded that the full bath could be eliminated.
The Chair responded that he would feel more comfortable with a ½ bath. He stated that the
concern was with the future possibility of making an apartment out of the basement area.
Sean McCarthy asked about access to the basement.
Jon Turnquist responded that access can be gained thru the current 1st floor bathroom. He stated
that access to the basement could also be obtained from the rear door.

APPROVED - Zoning Board of Appeals Meeting, November 17, 2004

2

�The Chair asked if there were any public comments.
Since there were no public comments, Linda Moiron made a motion to close the public hearing.
Peter Koffler seconded. It was unanimous (4-0).
There was an open discussion on why the basement needs to be totally finished.
Linda Moiron asked what could be accomplished if the application was not approved.
Jon Turnquist responded that the applicant could sheetrock the walls but the use of the property
could not change from storage to office space.
Sean McCarthy stated that two parking spaces are needed since the grocery store is actually
expanding.
Jon Turnquist stated that the fire resistance of the basement is increasing by sheetrocking the
walls and smoke detectors.
Peter Koffler made a motion to approve the application with the following conditions:
1) no bathroom in the basement.
2) the basement is never to be used as a residence.
Linda Moiron seconded. It was unanimous (4-0).

3) Sleepy Hollow DesignsThis is an application to review and provide recommendations to the Village Planning
Board on the application to construct a six-family dwelling requiring the variances:
Lot Area
Minimum lot area = 9,500 sq feet
Actual lot area = 3,740 sq feet
Front Yard
Minimum front yard setback = 20.0-feet
Proposed front yard = 0.0-feet
Rear Yard
Minimum rear yard setback = 25.0-feet
Proposed rear yard = 6.5-feet
Lot Coverage
Maximum lot coverage = 35%
Proposed lot coverage = 45%
The Chair asked if the returns were received.
APPROVED - Zoning Board of Appeals Meeting, November 17, 2004

3

�Sean McCarthy responded yes.
The public notice was read aloud.
Robert Barstow is the applicant and is representing this application.
The Chair stated that the Board had received the following:
1) application
2) short EAF
3) design plans
Sean McCarthy stated that this application is for the Board to review and provide
recommendations back to the Planning Board.
Robert Barstow spoke about the existing site. He spoke about the adjacent Metro North
property. He presented a site plan indicating the building footprint, lot size and the Metro
North property. He spoke about neighboring properties and their associated lot
coverages.
Robert Barstow spoke about the front yard setbacks and stated that the setback should be
reduced to 10-feet for this property.
Sean McCarthy agreed. He stated that since the building would be between two
developed lots, the average setback between those two lots could be used.
The Chair asked if all of the proposed apartments were one-bedroom.
Robert Barstow responded yes.
Peter Koffler asked if parking was being provided.
Robert Barstow responded yes. He explained the parking layout.
The Chair asked if the building height conforms to the Village Code.
Robert Barstow responded yes.
Peter Koffler asked if the only issues before the Board are the building setbacks.
Robert Barstow referred to the public notice.
Sean McCarthy stated that the lot area is a concern for the Planning Board.
Linda Moiron asked if the adjacent properties are 6-family units.
Robert Barstow responded that the number of units in the area varies but the immediate
adjacent properties are not 6-family units. He stated that he could decrease the lot area
by increasing the bedroom count and decreasing the number of apartments. He could
propose four 2-bedroom units instead of the original six 1-bedroom units.
Sean McCarthy stated that by reducing the number of apartments from six to four, the lot
area requirement would decrease by 3000 square feet (1500 sf/apt).

APPROVED - Zoning Board of Appeals Meeting, November 17, 2004

4

�The Chair made a motion to open the public hearing.
Mario Bellanich (153 North Washington Street) stated that he has no objections to the
proposed application.
Since there were no further public comments, Peter Koffler made a motion to close the
public hearing. Linda Moiron seconded. It was unanimous (4-0).
Peter Koffler stated that the ability to build on this lot is limited. He stated that he would
prefer four apartments instead of six.
The Chair stated that the four 2-bedroom units would create more density.
Linda Moiron agreed.
The Chair stated that the application is not out-of-character with the neighborhood. He
stated that there is still significant space in the rear of the property and that the off-street
parking is a plus.
Peter Koffler asked if the parking would be exclusive to this property.
Robert Barstow responded yes.
Peter Koffler stated that he had no issues with the application.
Peter Koffler made a motion to approve a positive recommendation back to the Planning
Board. James Galgano seconded. It was unanimous (4-0).

4) Minutes of the July and October 2004 meetings –
The minutes for July 2004 were reviewed. James Galgano made a motion to approve the
minutes as submitted. Peter Koffler seconded. It was unanimous (4-0).
The minutes for October 2004 were reviewed. James Galgano made a motion to approve the
minutes as amended. Linda Moiron seconded. It was unanimous (4-0).

James Galgano made a motion to adjourn. Linda Moiron seconded. It was unanimous (4-0).

Adjourned at 9:31 p.m.

Respectfully Submitted

APPROVED - Zoning Board of Appeals Meeting, November 17, 2004

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