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                  <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD OF APPEALS MEETING -APPROVED
January 18, 2006
The meeting was called to order by Peter Koffler, Acting Chairman at 8:06 pm. The Chair noted
that a quorum was present.
Present:

Peter Koffler, Acting Chairman
Gordon Swartz
Linda Moiron
Eliot Martone
Michael Fox

Absent :

Robert Anello, Chairman
James Galgano

Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Agenda:
1) William Cai
2) Maria Quinde
3) Grace Yeung
4) Minutes for December 2005

21 Fremont Road
30 Barnhardt Avenue
254 Harwood Avenue

Announcements:
The Chair stated that the Board’s newest member Michael Fox has not been sworn in and
therefore cannot vote on any applications this evening.

1) William Cai This is a continuation from a previous meeting.
This is an application for a variance to construct a one-story family room addition and a new
open deck addition where the proposed addition creates the following non-compliances:
Lot Size
Minimum lot size = 15,000-sf
Existing lot size = 14,630-sf
Rear Yard setback
Required rear yard setback = 25.0-feet
Existing rear yard setback = 25.6-feet
Proposed rear yard setback = 15.3-feet

�William Cai submitted two sketches to the Board. He discussed the concerns expressed by the
Board at the last meeting.
Peter Koffler asked if the new proposed deck is the same size as the original request.
William Cai responded that the new proposal is the same size only at a lower elevation.
Gordon Swartz made a motion to open the public hearing. Eliot Martone seconded. It was
unanimous (4-0).
Since there were no public comments, Eliot Martone made a motion to close the public hearing.
Gordon Swartz seconded. It was unanimous (4-0).
The Chair asked if the Board had any questions.
Linda Moiron asked about the plantings.
William Cai responded that he would install plantings on his property as per the previous
landscaping plan. He stated that the plantings would be maintained at 3-feet high.
Gordon Swartz summarized that based on previous meetings, he recalled that the deck was to be
lowered and should be no larger than originally planned.
The Chair responded that the deck is not proposed to be any larger than what originally
submitted.
Gordon Swartz made a motion to approve the application with the presented landscaping plan
and under the condition that the landscaping be maintained within approved height limits as per
the Sleepy Hollow Manor covenant. Linda Moiron seconded. It was unanimous (4-0).

2) Maria Quinde –
This is an application for a variance to construct to add to and alter an existing one family
residence where the proposed addition creates the following non-compliances:
Lot Area
Minimum lot area = 4,000-sf
Existing lot area = 2,440-sf
Lot Width
Minimum lot width = 40-feet
Existing lot width = 24-feet
One side yard
Minimum one side yard = 5.0-feet
Existing one side yard = 0.3-feet

APPROVED - Zoning Board of Appeals Meeting, January 18, 2006

2

�Combined yards
Minimum combined yards setback = 15.0-feet
Existing combined yards setback = 6.6-feet
Proposed combined yards setback = 5.78-feet
Front yard
Minimum front yard = 20.0-feet
Existing front yard = 2.0-feet
Building Coverage
Maximum building coverage = 30%
Existing building coverage = 33%
Proposed building coverage = 36%
Floor Area Ratio
Maximum floor area ratio = 0.50
Proposed floor area ratio = 0.65

The Chair asked if the returns were received.
Sean McCarthy responded yes.
Richard Blancato is the attorney representing this application along with architect, Chris
Bateman.
Richard Blancato reviewed the requested variances. He stated that the requested variances are
not changing from the existing except for the FAR and combined side yard variance.
Sean McCarthy responded that the lot coverage is changing from 30% to 33%. He stated that the
proposed second floor is overhanging and the overhang counts towards the lot coverage.
Richard Blancato reviewed the proposed plans. He stated that the lot is a very narrow lot. He
discussed the proposed expansion which includes enclosing an existing porch and building over
the porch. He stated that the building footprint is not changing. He discussed the existing
interior layout and the proposed renovations. He stated that 5 bedrooms are proposed. He stated
that the bedrooms would be moved upstairs and the first floor would be renovated to
accommodate the family’s needs.
The Chair asked if the Board had any questions.
Gordon Swartz asked about the size of the rear yard.
Richard Blancato responded 32.58-feet
Eliot Martone made a motion to open the public hearing. Gordon Swartz seconded. It was
unanimous (4-0).

APPROVED - Zoning Board of Appeals Meeting, January 18, 2006

3

�Daley Fontez (23 Barnhardt Ave) expressed concerns over a potential zoning issue. She stated
that other homes in the area have converted from one-family to a multiple family dwelling.
Rene Hernandez (25 Barnhardt Ave) expressed concerns over the proposed 5-bedroom proposal.
He spoke about other families in the area that have raised many kids with lesser bedrooms. He
spoke about the overcrowding in the area.
Richard Blancato explained the need for five bedrooms. He mentioned that there is only one
bathroom and one kitchen in the house.
Rene Hernandez asked if there is anything proposed in the basement.
Richard Blancato responded that nothing is proposed in the basement.
Since there were no further comments, Linda Moiron made a motion to close the public hearing.
Eliot Martone seconded. It was unanimous (4-0).
Peter Koffler stated that the use of the property is going to remain as a single family residence.
Linda Moiron asked about the parking.
Richard Blancato responded that the parking is not changing. He stated that there is no existing
dedicated parking.
Eliot Martone asked if there were any parking requirements on a 5-bedroom house.
Sean McCarthy responded that there are no parking requirements on an existing single family
dwelling.
Michael Fox asked about the size of the bedrooms.
Sean McCarthy responded that one bedroom was slightly sub-standard and was sent back to the
designers to be corrected.
Chris Bateman responded that the bedroom has been increased to meet the requirements and the
bathroom was slightly reduced to make-up the additional area.
Linda Moiron stated that the FAR is substantial.
Chris Pateman responded that the footprint is not changing.
Peter Koffler asked about the existing FAR.
Richard Blancato responded that it is 0.45.
Sean McCarthy responded that the FAR of 0.50 is based on a lot size of 300 square feet.
Eliot Martone asked if all of the proposed occupants of the house currently live in the house.
Richard Blancato responded yes.
Eliot Martone stated that if this application was presented to the Board for a 2-family structure, it
would probably not be approved.
The number of bedrooms and the proposed occupants were reviewed further.
APPROVED - Zoning Board of Appeals Meeting, January 18, 2006

4

�Gordon Swartz stated that the area is already crowded. He stated that the public has expressed
concerns over the same issue.
Richard Blancato responded if the variance is refused, the same number of people will still
occupy the house in the current conditions.
Sean McCarthy responded that the overcrowding is a violation but the proposal will fix the
overcrowding violation instead of moving the inhabitants out.
Daley Fontez was allowed to speak again. She stated that this house is the smallest in the
neighborhood.
Linda Moiron questioned if there were other 5-bedroom houses in the area.
Chris Bateman responded that the house next door has the same footprint as what is proposed by
the applicant.
Eliot Martone asked if a survey of the number of bedrooms in the area was available.
Richard Blancato responded no. He stated that the information could be provided.
Eliot Martone also stated that the applicant should justify that this is the minimum variance
allowed.
Linda Moiron stated that she would like to see the FAR lowered a bit.
Gordon Swartz stated that he would like to see a comparison of other houses in the
neighborhood.
Eliot Martone made a motion to adjourn this application to the next meeting. Linda Moiron
seconded. It was unanimous. (4-0).

3) Grace Yeung–
This is an application for variances to add to and alter an existing house and to construct
a new detached garage where the proposed work creates the following non-compliances:
Lot Width
Minimum required = 75.0-feet
Actual lot width = 73.5-feet
One Side Yard
Minimum one side yard setback = 10.0-feet
Existing one side yard setback = 9.8-feet
Combined side yards
Minimum combined yards = 25.0-feet
Existing combined yards = 19.8-feet
APPROVED - Zoning Board of Appeals Meeting, January 18, 2006

5

�Side Yard setback
Proposed addition side yard set back = 9.6 ft.
Minimum side yard setback = 14.8-ft.

The Chair asked if the returns were received.
Sean McCarthy responded yes.
The public notice was read aloud.
Radoslav Opacic is the project architect and is representing this application along with owner,
Grace Yeung.
The Chair stated that this variance was previously approved but the one-year time frame has
elapsed.
Radoslav Opacic responded yes. He stated that this application is the exact same application that
the Board approved at the October 2004 meeting.
The Chair opened the public hearing.
John Bogus (266 Harwood Avenue) stated that he lives in a 1920 brick colonial home. He is
concerned with living within 10-feet of a 2006 modern home.
Radoslav Opacic responded that the structure is being lowered on the side of this neighbor. He
stated that the massing is being reduced.
Eliot Martone stated that the appearance is under the jurisdiction of the Architectural Review
Board. He stated that the only matters before the Board are related to zoning. He stated that
many lots in Philipse Manor required variances since many of the lots are non-conforming.
Peter Koffler explained the criteria for approving a variance.
Since there were no further public comments, Linda Moiron made a motion to close the public
hearing. Eliot Martone seconded. It was unanimous (4-0).
Eliot Martone stated that nothing has changed since the last approval. He stated that the same
reasons to approve still apply. He stated that the public objection was primarily architectural in
nature.
Eliot Martone made a motion to approve. Linda Moiron seconded. It was unanimous (4-0).

4) Minutes for December 2005 –
The minutes for December 2005 were reviewed.

APPROVED - Zoning Board of Appeals Meeting, January 18, 2006

6

�Eliot Martone made a motion to approve the December 2005 minutes as amended. Linda
Moiron seconded. It was unanimous (4-0).

Eliot Martone made a motion to adjourn the public portion of the meeting and to enter into
executive session to discuss matters of litigation where no action will be taken. Linda Moiron
seconded. It was unanimous (4-0).
Adjourned at 9:13 p.m.

Respectfully Submitted

APPROVED - Zoning Board of Appeals Meeting, January 18, 2006

7

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