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                  <text>Village of Sleepy Hollow
Zoning Board of Appeals Meeting
February 20, 2019
Chairman Timothy Judge called the meeting to order at 8:04 pm.
Present:

Timothy Judge, Chairman
Timothy Church
Alex MacFarlane
Richard Hughes
Margaret Rubick

Absent:

Craig Lis
Gorete Crowe

Also Present:

Sean E. McCarthy, Village Architect
Pamela Pengelski, Secretary to the Zoning Board of Appeals

Agenda:
1) Jared Rodriguez, 13 Kendall Avenue, Proposed second and third floor additions, dormer
addition, and three story rear deck - Public healing
2) Approval of minutes - January 16,2019
1) Jared Rodriguez, 13 Kendall Avenue, Proposed second and third floor additions,
dormer addition, and three story rear deck- Public hearing.
Chairman Judge read the public notice and listed the documents submitted by the applicant.
Chairman Judge asked Sean McCarthy to confirm that all of the mail receipts have been
received.
Sean McCarthy stated that all of the mailing receipts have been received.
Chairman Judge invited the applicant to present their application.
Jared Rodriquez stated that he is owner of 13 Kendall Avenue. Mr. Rodriquez stated that 13
Kendall Avenue was purchased as a two-family house and he currently occupies the first floor
two-bedroom apartment and proposes to occupy the second and third floors by creating three
bedrooms and a full size bathroom on the third floor. Mr. Rodriquez stated that they propose to
move the western facade/gable end-wall out to provide egress access from the third stoiy and
construct a third floor balcony with stairs to a second stoiy deck. Mr. Rodriquez stated that they
intend to extend the third floor roof gable to align with the neighboring houses. Mr. Rodriquez
stated that there are no current intentions for changes to the front of the house. Mr. Rodriquez
stated they propose to construct the shed dormer to allow for a new bathroom on the third floor.

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�Chairman Judge asked Mr. Rodriquez if they were proposing to turn the house into a one-family
residence.
Jared Rodriquez stated that they wish to maintain the residence as a two-family and plan to have
the first floor apartment as a separate unit.
Timothy Church asked if bumping out the house in the rear on the west side will encroach on the
set-back requirements.
Jared Rodriquez stated that the proposed addition does not encroach on the rear yard set-back
requirements. The set-back issues that exist are because the house is a non-confonning structure
in a historic neighborhood. Mr. Rodrigues stated that there is an existing trash shed on a slab
foundation, where the new deck is proposed, that encroaches on the set-back requirement and
that is existing non-conforming.
Chairman Judge confirmed that the rear yard set-back requirements are not affected by the
proposed plan.
Alex MacFarlane asked if any of the proposed alterations add to the existing footprint of the
structure.
Jared Rodriquez stated that they are not expanding the footprint of the building other than
squaring off the comer of the second floor.
Sean McCarthy stated that there is an increase in the footprint and that the new areas do require
variances. The addition on the second floor, the expansion on the third floor, the new dormer,
and the new deck all encroach on the side yard set-backs and the combined side yards set-backs.
Chairman Judge stated that there are no changes in the foundation footprint. The footprint will be
expanded on the 2nd and 3rd story levels and out where it is proposed to be squared off.
Motion was made to open the public hearing.
Moved: Judge

Seconded: Church

Vote 5-0

Chairman Judge solicited comments from the public.
There were no comments from public.
Motion was made to close the public hearing.
Moved: Judge

Seconded: Rubick

Vote 5-0

Chairman Judge solicited additional comments from the Board.
Margaret Rubick stated her concerns about the need for parking that could increase with the
future rental of the first floor apartment and the increase in the number of bedrooms.
Sean McCarthy stated that the parking requirements for a one or two-family homes is one space
per dwelling unit. The additional parking requirements is only triggered if the home is more than
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�a two-faniily residence and then the bedroom count is considered. There are no additional
parking demand requirements for this property.
Motion was made to approve the application and variances as requested based on the following:
1. The alleged difficulty is not a self-created hardship as the house was purchased with
existing non-conformities.
2. The proposed variances will not produce an undesirable change in the character of the
neighborhood or a detriment to the nearby properties as it will improve the aesthetic
character of the rear of the house by aligning the rear facade with the homes north and
south of the property.
3. The proposed variances will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood.
4. The proposed variances are not substantial due to the existing non-conforming nature of
the property.
5. There are no other feasible methods for the applicant to pursue other than the variances
requested due to the existing non-conformities of the property.
Motion to approve the variances as requested.
Moved: Judge
Seconded: MacFarlane
Timothy Judge, Chairman - yes
Richard Hughes - yes
Timothy Church - yes
Alex MacFarlane - yes
Margaret Rubick - yes
Vote: 5-0

APPROVED

2) Approval of minutes, January 16, 2019
Motion was made to approve the January 16, 2019 minutes.
Moved: Judge
Seconded: Hughes
Timothy Judge, Chairman - yes
Richard Hughes - yes
Timoth Church - yes
Alex MacFarlane - yes
Margaret Rubick- yes
Vote: 5-0

APPROVED

Motion was made to adjourn the meeting at 8:30 pm.
Moved: Judge
Seconded: Rubick

Vote 5-0

Respectfully Submitted,
Pamela Pengelsla
Secretary to the Zoning Board of Appeals
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