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                  <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD OF APPEALS MEETING -APPROVED
June 21, 2006
The meeting was called to order by Robert Anello, Chairman at 8:03 pm. The Chair noted that a
quorum was present.
Present:

Robert Anello, Chairman
Linda Moiron
Michael Fox
James Galgano
Eliot Martone

Absent :

Gordon Swartz
Peter Koffler

Also Present: Sean McCarthy (Village Architect/Village of Sleepy Hollow)
Anthony DelVecchio (Recording Secretary)
Agenda:
1) Approval of minutes from April and May 2006
2) Mountco Development Corp
Valley Street
3) Seiler
7 Millard Avenue

New Senior Housing Develop.
2-story addition &amp; garage

Announcements:
None.

1) Minutes for April and May 2006 The minutes for the April and May 2006 meetings were reviewed.
The Chair made a motion to approve the minutes as amended. Eliot Martone seconded. It was
unanimous (5-0).

2) Mountco Construction Corp This is an application for area variances from the Village Zoning Code to construct a nine story
building to house 64 affordable senior housing units and one superintendent’s unit and 66
parking spaces where the proposal requires the following variances:
Building Coverage
Proposed building coverage = 89%
Maximum Building Coverage = 80%

�Front Yard setback
Proposed front yard = 0-feet
Required front yard = 20-feet
Side Yard setback - South
Proposed southern side yard = 0-feet
Required southern side yard = 10-feet
Side Yard setback - North
Proposed northern side yard = 0-feet
Required northern side yard = 10-feet
Rear Yard setback
Proposed rear yard = 0-feet
Required rear yard = 20-feet
Landscape buffer
Proposed landscape buffer = 0-feet
Required landscape buffer = 10-feet wide
Indoor Common Amenity Space
Proposed indoor common amenity space = 1,012-sf
Required indoor common amenity space = 1,625-sf
Outdoor active and passive recreation and open space
Proposed outdoor active and passive recreation and open space = 3250-sf
Required outdoor active and passive recreation and open space = 0-sf

The Chair asked if the returns were received.
Sean McCarthy responded yes.
The public notice was read aloud.
The Chair stated that the Board is receipt of the following:
1) application (w/ unsigned zoning compliance form)
2) plans dated Feb 2, 2006
3) floor plans dated Feb 24, 2006
Neil Connuck is presenting this application along with NTHA Executive Director, Ken Gentile.
The Chair asked the applicant about the unsigned zoning compliance form. He also stated that
the public notice is incorrect since the applicant is requesting a variance to build a 9-story
structure where only a 5-story structure is allowed under the zoning code.

APPROVED - Zoning Board of Appeals Meeting, June 21, 2006

2

�Sean McCarthy responded that the height was waived by the Village Trustees under the special
use permit.
The Chair stated that the record is unclear.
There was an open discussion on the accuracy of the public notice and what variances the
applicant is seeking.
Neil Connuck gave an overview of the proposed development. He spoke about the site where
the structure would be developed. He stated that in January 2005, the Village Trustees adopted a
new zoning ordinance that permitted the affordable housing project. He spoke about the existing
culvert that is in need of repair. He summarized the entire Westchester County low income tax
credit application. He stated that the current site provides parking for some of the residents of
Margotta Courts. He stated that the proposed development provides ample parking for the new
residents of the building plus the parking for the residents of Margotta Courts.
The Chair asked how many parking spaces are being provided for the residents of Margotta
Courts.
Neil Connuck responded 44 parking spaces.
Neil Connuck spoke about the proposed parking plan. He stated that the Village Trustees have
granted a waiver from the required 0.5 parking spaces per unit under the senior housing zone to
0.3 parking spaces for units.
The Chair asked about the parking plan for the Margotta Courts residents.
Neil Connuck discussed the proposed parking plan for the Margotta Courts residents.
Neil Connuck stated that the current senior housing residents from Margotta Courts will be given
an opportunity to move into the new Senior Housing development. He stated that this will free
up many other affordable housing units for other families in the area. He stated that many
seniors currently have 2-3 bedroom units.
Eliot Martone stated that by moving new families into Margotta Courts, this might require many
more vehicles.
Ken Gentile responded that since these are affordable housing units, many of the residents use
mass transit and do not own cars.
Eliot Martone asked if there is a waiting list for parking spots at Margotta Courts.
Ken Gentile responded that there is no tenant currently seeking additional parking.
Linda Moiron asked could additional parking be provided if requested.
Ken Gentile responded that there are currently no surplus parking spaces.
The Chair reviewed the requested variances.
Neil Connuck stated that the variance for outdoor space is incorrect.

APPROVED - Zoning Board of Appeals Meeting, June 21, 2006

3

�The Chair asked the applicant to explain why the variances should be granted. He stated that this
property is in the densest part of the Village.
Neil Connuck responded that the Village Trustees mandated that the parking be maximized.
The Chair asked for minutes from the Village Trustees meeting to support the statement.
Eliot Martone stated that there should be a statement from the applicant or from the Village
Trustees to support the application.
The Chair stated that the special zone does not abolish the setback requirements. He stated that
the applicant has the obligation to provide some of the supporting documentation to the Board.
Sean McCarthy responded that the actions of the Village Trustees can be provided to the Board.
The Chair stated that the Board needs an understanding of what the applicant is requesting from
the Board. He stated that the public notice should properly reflect what variances are being
requested. He stated that the Zoning compliance form also needs to be accurate.
Neil Connuck stated that the culvert repair will greatly benefit the area. He also stated that the
culvert repair will remove this area from the FEMA flood plain map.
The Chair stated that at the Board’s next meeting, the applicant should be prepared to address the
possibility of adding another parking level in order to reduce the setbacks.
Neil Connuck responded that this information would be provided.
Neil Connuck stated that this development would be a benefit for the community. He stated that
there is open park area in the park across the street.
Linda Moiron asked if the existing senior residents will be required to move into the new
development.
Ken Gentile responded that the existing residents will not be forced to move but most of them
will voluntarily move.
Michael Fox asked about the temporary parking while construction is taking place at the site.
Ken Gentile responded that he is working with the Village to provide alternative parking for the
current parking spaces. He stated that the cars will not be parking on the Village streets.
Jim Galgano asked about the number of residents that have excess apartments in excess of their
needs.
Ken Gentile responded about 10-12 residents.
Jim Galgano stated that this application has been through the Village for almost 18 months. He
asked why the applicant waited so long to appear before the Zoning Board.
Neil Connuck responded that they are following the Village process.
Jim Galgano stated that the residents of Margotta Courts were not notified of this application.

APPROVED - Zoning Board of Appeals Meeting, June 21, 2006

4

�Sean McCarthy responded that under the Village Code, only the property owner is required to be
notified. He referred to § 62-44 (page 6261).
The Chair opened the public hearing.
Anthony Ciano from 333 Broadway, White Plains, NY is an attorney representing Frank’s
Chevrolet. He stated that he is concerned with the obstruction of traffic on Valley Street during
construction. He stated that the site plan only shows Sleepy Hollow while some of the impacts are
caused by storm water received from the adjacent Tarrytown side. He stated that Frank’s
Chevrolet receives a significant water flow in the winter time. He stated that his client is
concerned with the size and massing of the project. He stated that he is concerned with the fact
that there are no setbacks on two sides of the adjacent property which belong to his client.
The Chair stated that the applicant should address the water runoff issue at the next meeting.
Neil Connuck responded that the area storm water was analyzed. He stated that the existing
catch basin is proposed to be corrected in order to correct the existing storm water issues.
There was an open discussion of the location of Frank’s Chevrolet on the site plan.
The Chair asked how far the building was setback.
Neil Connuck responded that the structure complies with the zoning code above the parking
level.
The Chair asked why the applicant is not building the parking below grade.
Neil Connuck responded that detailed engineering reports will be provided to the Board that will
show why the structure could not be built below grade. He stated that the soils will not support
below grade construction.
Since there were no further public comments, the Chair adjourned the public hearing to the next
meeting.
The Chair asked if the Board had any other questions.
There were none.
Eliot Martone made a motion to adjourn this application to the next meeting. Linda Moiron
seconded. It was unanimous (5-0).

3) Seiler There was nobody present to represent this application.
This was adjourned to the next meeting.

Eliot Martone made a motion to adjourn. Linda Moiron seconded. It was unanimous (5-0).
APPROVED - Zoning Board of Appeals Meeting, June 21, 2006

5

�Adjourned at 9:06 p.m.

APPROVED - Zoning Board of Appeals Meeting, June 21, 2006

6

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