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                  <text>Village of Sleepy Hollow
Zoning Board Meeting
June 18,2014
Acting Chairman Timothy Judge called the meeting to order at 8:00pm.
Present:

Timothy Judge
Timothy Church
Sherry Bishko
Michael Wernick

Absent:

Peter Koffler
Vishal Brown
Maria Gorete-Crowe

Also Present:

Sean McCarthy (Village Architect)
Janet Gandolfo (Village Attorney)
Anthony Giaccio (Recording Secretary)

Agenda:
1) Oscar Ortiz/Jose &amp; Hilario Rodriguez, 6 Francis Street - Public Hearing
2) Maria Quinde, 30 Barnhart Avenue - Public Hearing
3) 139 Cortlandt Street LLC, 139 Cortlandt Street - Public Hearing
4) Darren and Rachelle Gebler, 25 Merlin Avenue - Public Hearing
5) Approval of Minutes, April 16,2014 and May 21, 2014
Announcements - None
1) Oscar Ortiz/.Tose &amp; Hilario Rodriguez, 6 Francis Street - Public Hearing to convert a
basement to a habitable space.
Acting Chairman Judge read the public notice into the record and stated that the Board had
received the following documents:
•
•
•
•
•
•
•

Variance Appeal Letter Dated February 26, 2014
Zoning Board Application
Completed EAF Form
Westchester County Deed
Letter from New York State regarding a fire code variance
Letter from John DeMillia dated May 17,2014
Set of Drawings

Acting Chairman Judge confirmed with Mr. McCarthy that the returns were received.

�Oscar Ortiz made a presentation to the Board. The project is to convert a basement into a
recreation room.
Acting Chairman Judge pointed out that the applicant required both a use variance and an area
variance.
There was a discussion about the number of bedrooms and bathrooms that are in the house and
how many are being proposed.
Mr. Wernick asked if the space could be used as an illegal apartment and if there were any prior
violations. Mr. McCarthy responded and said that there was one violation and that the space
could potentially be used as an illegal apartment.
Motion to open the public hearing.
Moved: Judge
Seconded: Wernick
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

There were no comments from the public.
Motion to close the public hearing:
Moved: Judge
Seconded: Wernick
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

Acting Chairman Judge said that he does not believe the applicant has satisfied the hardship
criteria.
Mr. Wernick is concerned that the space will become an illegal apartment and has a concern
about parking.
Acting Chairman Judge informed the applicant that the vote to approve the application will have
to be unanimous because there are only four Board members present.
The applicant requested an adjournment.
Motion to adjourn
Moved: Judge
Seconded: Wernick
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0
ADJOURNED

2) Maria Ouinde. 30 Barnhart Avenue - Public Hearing to convert a basement to a
habitable space
Acting Chairman Judge read the public notice into the record and stated that the Board had
received the following documents:
• Zoning Board Application

�• Variance Appeal Form
• Survey
• Set of Drawings
Acting Chairman Judge confirmed with Mr. McCarthy that the returns were received.
The applicant's Architect William Simeoforides made a presentation on a plan to convert a
basement to a habitable space at 30 Barnhart Avenue. Mr. Simeoforides said that his contractor
was unable to attend the meeting.
Acting Chairman Judge pointed out that four variances are required including an area and use
variance.
Mr. Wernick asked if there were prior violations. Mr. McCarthy said that the space has had a
history of violations including an illegal apartment.
Mr. Simeoforides submitted articles related to converting basements into habitable spaces
(attached).
Motion to re-open the public hearing.
Moved: Judge
Seconded: Wernick
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

There were no comments from the public.
Motion to close the public hearing:
Moved: Judge
Seconded: Wernick
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

Acting Chairman Judge is concerned that the space could be rented as an illegal apartment and
had questions about the means of egress.
Mr. Church would like the contractor to attend the meeting to answer questions.
Acting Chairman Judge and Ms. Bishko said that the applicant has not satisfied the hardship
criteria.
Acting Chairman Judge informed the applicant that the vote to approve the application will have
to be unanimous because there are only four Board members present.
Mr. Simeoforides requested an adjournment.
Motion to adjourn
Moved: Judge
Seconded: Church
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0
ADJOURNED

�3) 139 Cortlandt Street LLC -139 Cortlandt Street - Public Hearing to convert a
commercial space to residential
Acting Chairman Judge read the public notice into the record and stated that the Board had
received the following documents:
•
•
•
•
•

Zoning Board Application
Variance Appeal Form
Completed EAF Form
Survey
Set of Drawings

Acting Chairman Judge confirmed with Mr. McCarthy that the returns were received.
Daniel Panessi, Samual Etre and Jonathon Villani represented the applicant. Mr. Panessi gave a
history of the property and explained that a previous site plan was approved, but due to a change
of ownership, it was no longer applicable. Mr. Panessi said that an easement agreement with the
Rock of Salvation Church has been reviewed by the Village Attorney.
Ms. Gandolfo confirmed that she has reviewed the easement agreement.
The project is to convert two commercial spaces into one residential space. Mr. Panessi said that
a residential space requires less parking than the two commercial spaces.
Motion to open the public hearing.
Moved: Judge
Seconded: Bishko
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

Gary McClean spoke and said that parking is a problem, otherwise he likes the project.
Motion to close the public hearing:
Moved: Judge
Seconded: Wernick
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

Acting Chairman Judge said that converting this space to residential is in-keeping with the
neighborhood.
Acting Chairman Judge informed the applicant that the vote to approve the application will have
to be unanimous because there are only four Board members present.
The applicant requested a vote.
Motion to approve the application as submitted
Moved: Judge
Seconded: Bishko
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0
APPROVED

�4) Darren and Rachelle Gebler, 25 Merlin Avenue - Public Hearing for a new front porch
addition
Acting Chairman Judge read the public notice into the record and stated that the Board had
received the following documents:
•
•
•
•
•
•
•

Zoning Board Application
Completed EAF Form
Deed
Set of Drawings
Title Policy
Survey
Set of Drawings

Acting Chairman Judge confirmed with Mr. McCarthy that the returns were received.
Acting Chairman Judge informed the applicant that the vote to approve the application will have
to be unanimous because there are only four Board members present.
Gregory McWilliams represented the applicant and made a presentation. The project is to
replace the front stoop at 25 Merlin Avenue with a porch. An area variance is required for this
project. Mr. McWilliams said that the new porch would blend in with the stucco house. Mr.
McWilliams said that the current porch is in very porch condition and provided a photograph of
the house (attached).
Motion to open the public hearing.
Moved: Judge
Seconded: Bishko
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

There were no comments from the public.
Motion to close the public hearing:
Moved: Judge
Seconded: Wernick
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

Acting Chairman Judge said that the applicant was asking for a very small variance and that the
improvements are in-keeping with the neighborhood.
Motion to approve the application as submitted
Moved: Judge
Seconded: Church
Absent: Koffler, Brown, Gorete-Crowe

5) Approval of Minutes. April 16.2014 and May 21.2014 - Tabled

Vote: 4-0
APPROVED

�Gary McClean asked the Board why he wasn't on the agenda. Acting Chairman Judge said that
Mr. McClean needs to submit the requested documents in order to be on the next Zoning Board
meeting agenda.
Motion to adjourn the meeting
Moved: Judge
Seconded: Bishko
Absent: Koffler, Brown, Gorete-Crowe

Vote: 4-0

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