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                  <text>VILLAGE OF SLEEPY HOLLOW
ZONING BOARD OF APPEALS MEETING -APPROVED
March 18, 2009
The meeting was called to order by Peter Koffler, Acting Chairman at 8:12 pm. The Chair noted
that a quorum was present.
Present:

Peter Koffler, Acting Chairman
Eliot Martone
Linda Moiron
Gordon Swartz

Absent :

Robert Anello, Chairman
Timothy Judge

Also Present: Anthony DelVecchio (Recording Secretary)
Sean McCarthy (Village Architect/ Village of Sleepy Hollow)
Agenda:
1) Stephen Maceyak
226 Beekman Avenue
Proposed alterations &amp; additions
2) Approval of minutes from November 2008 and January 2009

Announcements:
There was a moment of silence for Diane Martello.

1) Stephen Maceyak

226 Beekman Avenue

Proposed alterations &amp; additions -

This is an application for an area variance that has the following non-compliances:
Front yard set back –
(Beekman Ave) required = 20.0 ft.
(Beekman Ave) existing = 0.5 ft.
(Beekman Ave) proposed = 0.0 ft.
Front yard set back –
(Hudson Street) required = 10.0 ft.
(Hudson Street) existing = 0.0 ft.
Side Yard –
Required = 3.0 ft
Existing = 0.0 ft
Rear Yard –
Required = 20.0 ft.
Existing = 13.5 ft
Proposed = 11.5 ft

�Parking Required = 20 parking spaces
Existing = 0 parking spaces
Coverage –
Maximum permitted = 60.0%
Existing = 64.0%
Proposed = 72.0%
Loading spaces –
Required = 1
Existing = 0
Stephen Maceyak is the owner and is representing this application along with his family.
The public notice was read aloud.
The Chair asked if the proof of mailings was received.
Sean McCarthy responded yes.
The Chair noted that the Board has received the following:
1) application
2) revised survey
3) public notice
Stephen Maceyak gave a brief history of the property. He stated that he wants to clean-up the
property. He stated that he is working with the Village on the façade improvement program. He
presented a front elevation to the Board. He stated that the propose 4-foot build-out would
conform to other properties in the area. He stated that the front entrance will be renovated to add
windows and to replace the front door. He stated that part of the expansion would include a
barbeque area.
Gordon Swartz asked if the entrance on Beekman would be removed.
Stephen Maceyak responded no. He stated that the entrance will remain. He stated that one of
the interior bathrooms will be converted to a handicap bathroom. He also stated that the
handicapped entrance/exit would be thru the kitchen area.
The Chair asked about the second floor.
Stephen Maceyak responded that there are 3 studio apartments upstairs. He stated that the
property was originally a rooming house but was legally converted years ago.
The Chair asked about the back lot.
Stephen Maceyak responded that the back lot is not used for anything.

APPROVED - Zoning Board of Appeals Meeting, March 18, 2009

2

�The Chair asked if the rear neighbors are aware of the proposal.
Stephen Maceyak responded yes. He stated that he has excellent neighbors.
There was an open discussion on the rear yard distance noted on the submitted drawings.
The Chair asked about the purpose of the addition.
Stephen Maceyak responded that the addition would increase the size of the kitchen. He stated
that the existing kitchen is 12’x16’. He stated that the proposal will increase the kitchen for
additional equipment.
Linda Moiron stated that since there is only a 1-story addition, proper ventilation will be installed.
Stephen Maceyak responded yes.
Linda Moiron asked if additional seating would be added.
Stephen Maceyak responded no. He stated that windows would be added so that customers
could look at the river. He stated that the occupancy is for 85 persons.
Sean McCarthy responded that the actual occupancy will probably be reduced based on the
current building code. He stated that the actual number will be evaluated when the applicant
applies for a Certificate of Occupancy.
There was an open discussion on the extension on Beekman Avenue.
Gordon Swartz asked why the porch was needed. He stated that the porch was more decorative.
Stephen Maceyak responded that the front extension is needed because there is not a lot of room
in the bar area. He stated that it is not a porch.
Linda Moiron asked if the entrance would be covered.
Stephen Maceyak responded yes.
Gordon Swartz stated that the applicant is moving the property outward to increase the ingress
and egress.
Stephen Maceyak responded that there is less than 2-feet of access in the front area.
Sean McCarthy stated that this property is located in an R-4A zone. He stated that the
neighboring properties are in a C-2 zone which would permit the property to have a 0-ft front
yard setback.
Gordon Swartz asked if there was a danger having the kitchen being a means of egress.
Sean McCarthy responded that since the sprinkler system was also being enhanced, it is safe to
have people exit thru the kitchen.
The Chair asked about parking on the property.
Stephen Maceyak responded that there is basically no parking on-site.
Gordon Swartz asked about deliveries.
APPROVED - Zoning Board of Appeals Meeting, March 18, 2009

3

�Stephen Maceyak responded that delivery trucks park on Beekman Ave. He also stated that
there is an unused curb cut that delivery trucks can use to unload.
Eliot Martone made a motion to open the public hearing. Gordon Swartz 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 stated that since there were only 4 members present, the Board had to be unanimous
for the application to be approved.
The Chair stated that the front addition would be aligned with the neighboring properties. He
also stated that there are no parking spaces or loading spaces. He stated that by making the
improvements, this problem might be increased.
Stephen Maceyak responded that parking has never been a problem.
The Chair asked if the kitchen was a functional kitchen.
Stephen Maceyak responded that there will be a lot more room to expand the menu and provide a
full menu.
Gordon Swartz stated that the previous occupant had a full menu.
Stephen Maceyak responded that the previous occupants could not make the restaurant work
profitably. He stated that he is trying to clean-up the property and make it operate more effectively.
Gordon Swartz asked if the kitchen footprint expand.
Stephen Maceyak responded yes. He showed where the new equipment would be located. He
stated that in the past, he had a refrigerator and freezer in the basement.
The Chair stated that although the non-conformity is increasing, it does not appear to be out-ofcharacter with the neighborhood. He also stated that the requested variances seem to be the
minimal variances needed to make the kitchen function as desired and the application satisfied an
over-all balancing test of benefit-to-detriment.
The Chair made a motion to grant the variances as proposed. Linda Moiron seconded. It was
unanimous (4-0).

2) Minutes from November 2008 and January 2009 meetings The minutes from the November 2008 and January 2009 meeting will be reviewed at the next
meeting.

Adjourned 8:59 pm.
APPROVED - Zoning Board of Appeals Meeting, March 18, 2009

4

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