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                  <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD OF APPEALS MEETING -APPROVED
January 19, 2005
The meeting was called to order by Robert Anello, Chairman at 8:07 pm. The Chair noted that a
quorum was present.
Present:

Robert Anello, Chairman
Eliot Martone
Wes Trunko
James Galgano
Peter Koffler

Absent :

Linda Moiron

Also Present: Phil Zegarelli (Mayor, Village of Sleepy Hollow)
Sean McCarthy (Village Architect/Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)

Agenda:
1) Angel Gonzales
2) Pedro Urgilies
3) Carol Neidtch
4) Minutes

14 Andrews Lane
12 Clinton Street
263 Farrington Avenue

Announcements:
Mayor Zegarelli swore in Wes Trunko as a new member of the Zoning Board.

1) Angel GonzalesThis is a continuation from previous meetings.
Sean McCarthy stated that the supporting financials were submitted to the Board.
The Chair summarized the application for the members that were not present at the last meeting.
There was an open discussion on the financial documents submitted.
The Chair referred to the minutes to recap the last meeting. He reviewed the documents
submitted.
The Board agreed that the documents were enough proof of financial hardship.

�2) Pedro UrgiliesThis is a continuation from previous meetings.
Jeffrey Shumedja is representing this application along with Pedro Urgilies.
The Chair acknowledged a 01/10/05 letter from Jeffrey Shumedja that provided a
financial breakdown of the claimed construction expenses related to the 2-family
conversion.
The Chair also noted a parking tag issued by the Rock of Salvation church allowing the
applicant to park in their Clinton Street parking lot. The parking permit submitted allows
one car to park on the property for one-year.
Jeffrey Shumedja stated that the church would allow another car to park in the Clinton
Street parking lot once a tenant occupies the renovated apartment.
Jeffrey Shumedja summarized that application for the members that were not present at
the last meeting.
The Chair stated that required supporting backup financial documents were not
submitted.
Jeffrey Shumedja responded that the documents could be provided.
The Chair stated that the documents are needed. He also stated that the Rock of
Salvation Church parking tag is not sufficient evidence to support parking requirements.
Sean McCarthy summarized the Building Department history with the applicant and with
the property.
The Chair referred to Jeffrey Shumedja’s letter regarding the list of items performed
exclusively for a 2-family conversion. He noted a few items mainly the removal of the
staircase leading to the upper floors and the addition of the utility meters.
Jeffrey Shumedja referred to the addition of the bathroom. He stated that only one
bathroom existed previously.
The Chair asked if the house was used as a 2-family residence with only one bathroom
prior to the construction.
Jeffrey Shumedja responded yes.
Jeffrey Shumedja stated that the addition of sprinklers is specific to the renovation to a 2family residence.
Sean McCarthy responded that based on the extensive renovations, sprinklers were
required even for a 1-family house.

APPROVED - Zoning Board of Appeals Meeting, January 19, 2005

2

�The Chair stated that the applicant knew that the house was a one-family residence when
he purchased it, as the applicant has confirmed to the Board.
Eliot Martone stated that the application needs clarification or a statement from Bob
Stiloski.
The Chair stated that the applicant was using the house illegally and knew that it was
illegal even prior to seeking permission for an additional use.
Peter Koffler stated that the Village should not be obligated to issue a Certificate of
Occupancy based on Bob Stiloski’s statements. Particularly the applicant admits that the
house was a legal 1-family house when he spoke to Bob Stiloski.
The Chair stated that parking is a problem in the area. He stated that the proposed
parking plan is not adequate.
Jeffrey Shumedja responded that the applicant could propose the parking plan in 5-year
increments.
The Chair referred to the Board for comments.
Eliot Martone stated that the apartments were not separate according to the Building Code.
Jeffrey Shumedja responded that 2-families were living in the house.
Peter Koffler asked what the basis for the variance is.
Jeffrey Shumedja responded that there is no undesirable change to the neighborhood. He stated
that the footprint of the building is not changing and that the property was being used as a
2-family residence prior to the renovations.
The Chair responded that the parking issues would be a change for the neighborhood. He stated
that this application is a self-created hardship since the applicant knew that the property was a
legal 1-family residence. He stated that the applicant has not met the requirements for the
variance.
Peter Koffler stated that he agrees with the Chair.
Wes Trunko stated that if the work was not done, it is unlikely that a variance would have been
granted.
Peter Koffler made a motion to deny the application. Jim Galgano seconded. It was unanimous
(5-0).
3) Carol Neidtch –
This is an application for an area variance to construct a two-story addition where the
proposed construction creates the following non-compliances:
Lot Width
Minimum required = 75-feet
APPROVED - Zoning Board of Appeals Meeting, January 19, 2005

3

�Actual lot width = 59.9-feet
Side Yard
Minimum side yard setback = 10.0-feet
Existing side yard = 9.8-feet
Combined side yards
Minimum combined yards = 25.0-feet
Existing combined yards = 20.5-feet
Lot Area
Minimum lot area = 10,000-square-feet
Existing lot area = 8,985-square-feet

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

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
2) Plans dated 02/23/04
Jeffrey Shumedja is representing this application along with Carol Neidtch.
Jeffrey Shumedja stated that the Board previously approved this project in September 2003. He
stated that the previous owners (Cammarota) did not perform the work and the variance has
expired. He stated that the new owners want to perform the same work as submitted in the
original variance request.
The Chair asked for a copy of the September 2003 minutes.
Sean McCarthy provided a copy of the minutes to the Board.
The Chair asked if the building plans were the same.
Jeffrey Shumedja responded yes. He stated that the plans have been re-dated by the architect.
The Chair asked if the plans have been reviewed.
Sean McCarthy responded yes.

APPROVED - Zoning Board of Appeals Meeting, January 19, 2005

4

�Peter Koffler asked if the work had been started.
Jeffrey Shumedja responded no.
The Chair opened the public hearing.
Since there were no public comments, Eliot Martone made a motion to close the public hearing.
James Galgano seconded. It was unanimous (5-0).
The Chair noted that the application was not out-of-character with the neighborhood. He also
stated that this application is not a self-created hardship and that this would be the minimum
variance granted.
Eliot Martone stated that he has no issues with the application.
Wes Trunko made a motion to approve the request for a variance. Eliot Martone seconded. It
was unanimous (5-0).

4) Minutes –
The minutes for December 2004 were reviewed. Eliot Martone made a motion to approve the
minutes as amended. James Galgano seconded. It was unanimous (5-0).

Adjourned at 9:27 p.m.

APPROVED - Zoning Board of Appeals Meeting, January 19, 2005

5

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