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                  <text>Village of Sleepy Hollow
Zoning Board of Appeals Meeting
October 16, 2019
Chairman Timothy Judge called the meeting to order at 8:03 pm.
Present:

Timothy Judge, Chairman
Richard Hughes
Craig Lis
Alex MacFarlane
Gorete Crowe
Timothy Church

Also Present:

Sean McCarthy, Village Architect
Pamela Kroll, Secretary to the Zoning Board

Absent:

Margaret Rubick

Agenda:
1) KTM Architect, 180 Bedford Road, Proposed addition and alterations - Continued
public hearing
2) Jason Jercinovic, 227 Kelbourne Avenue, Proposed exterior stair construction - Public
hearing
3) Approval of minutes - September 18, 2019
Chairman Judge read the agenda to clarify revisions dated October 16, 2019.
1. KTM Architect, 180 Bedford Road, Proposed addition &amp; alterations - Continued public
hearing
Motion was made to re-open the public hearing.
Moved: Judge
Seconded: Lis

Vote 6-0

Kimberly Martelli is the Principle of KTM Architects representing the applicant. Ms. Martelli
stated that she has submitted a rendering to provide a clear perspective of the proposed
alterations of the carriage house as viewed from Bedford Road. Ms. Martelli presented a colored
rendering and stated that the carriage house is heavily screened and mildly visible from Bedford
Road.
Chairman Judge solicited comments from the Board.
Craig Lis stated that the screening should be required to be maintained in the future.
Gorete Crowe stated that she is concerned that the applicant will remove the large tree near the
structure along Bedford Road.
1

(ZBA 10/17/2019)

�Kimberly Martelli stated that the Landscape Architect has a long term plan for the site that
includes planting of evergreen trees and conifers to provide year round screening and infill any
open spots on the site. Ms. Martelli stated that the Landscape Architect will provide an updated
landscape plan if trees need to be removed due to decline or conflict with the proposed
alterations.
Richard Hughes asked for the height of the existing fence.
Kimberly Martelli stated that the existing fence is a six foot high chain link fence.
Timothy Church asked if there are any alterations proposed for the existing fence.
Kimberly Martelli stated that the chain link fence is to remain.
Chairman Judge solicited comments from the public.
There were no comments from the public.
Motion was made to close the public hearing.
Moved: Judge
Seconded: Crowe

Vote 6-0

Motion was made to grant the area variances as requested with the following condition:
1. Landscape screening and fence will be maintained around the perimeter of the accessory
structure as viewed from Bedford Road.
Motion was made by Chairman Judge to approve the variances as requested based on the
following criteria:
1. Granting of the area variances will not produce an undesirable change in the character of
the neighborhood or a detriment to the nearby properties as it fits in with the other
properties on Bedford Road and the Rockefeller estate.
2. The benefit sought by the applicant by the requested variances is reasonable and is the
feasible method to pursue the construction of a basketball court.
3. The proposed variances are not substantial due to the pre-existing non-conformities of the
roof lines and the front yard set-back.
4. The proposed variances will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood as the proposed application will not
require changes to the stormwater management or inhibit wildlife.
5. The alleged difficulty is not a self-created hardship.
Chairman Judge stated that the structure is larger than the typical accessory structure and that the
area variances will be granted for a structure accessory to a principle residence in keeping with
the current single-family residential use.

2

(ZBA 10/17/2019)

�Kimberly Martelli agreed to the condition of the area variances and acknowledges that any
change of use would be required to come before the Board with an application for a use variance
approval.
Motion was made to grant the area variances as requested.
Moved: Judge
Seconded: Church
Timothy Judge, Chairman - yes
Craig Lis - yes
Richard Hughes - yes
Alex MacFarlane - yes
Gorete Crowe - yes
Timothy Church- yes
Vote: 6-0

APPROVED

2. Jason Jercinovic, 227 Kelbourne Avenue, Proposed exterior stair construction - 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 received.
Sean McCarthy stated that all of the mailing receipts have been received.
Chairman Judge invited the applicant to present their application.
Amanda Linhart is the Architect representing the Applicant. Ms. Linhart stated that they propose
to construct an exterior staircase for access to the existing basement because the current interior
staircase does not allow for larger items to be brought into the basement. It is proposed to
eliminate the existing window-well and construct a staircase that will be 42 inches from wall to
wall with the required handrail and a clear door opening of approximately 40 inches. Ms.
Linhart presented photographs of the existing conditions to show where the staircase will be
constructed. Ms. Linhart stated that the staircase will be well screened from the neighboring
property by the existing hedges and that it will be at and below grade so it will not be visible
from the road other than a fall protection fence and gate that will be 34-36 inches above grade.
Richard Hughes asked if the air conditioning condensers will be moved.
Amanda Linhart stated that the existing air conditioning condensers will remain.
Craig Lis asked if the new stairwell will be constructed where the existing window well is
located.
Amanda Linhart stated that the existing window well is approximately 3 feet deep and they are
proposing to push the new staircase out 6 feet.
Chairman Judge asked if the drainage will be sufficient.
3

(ZBA 10/17/2019)

�Amanda Linhart stated that they plan to install a 12-14 inch gravel bed at the bottom and install
the door on a curb to assist with the drainage.
Gorete Crowe asked if there is a plan to cover the staircase with a roof or metal doors.
Amanda Linhart stated that there is no plan to cover the structure. Bilco doors do not qualify as a
means of egress to the basement.
Timothy Church asked if a variance was granted for the air conditioning condensers.
Amanda Linhart stated that the air conditioning work was permitted but did not require a
variance due to differentials in the side yard set-back documented on past property surveys.
Chairman Judge asked when the most recent property survey was completed.
Jason Jercinovic is the owner of the property and stated that the survey pre-dated the current
occupancy of the house.
Chairman Judge solicited comments from the Board.
There were no additional comments from the Board.
Chairman Judge made a motion to open the public hearing.
Moved: Judge

Seconded: Crowe

Vote 6-0

Chairman Judge solicited comments from the public.
There were no comments from the public.
Motion was made to close the public hearing.
Moved: Judge
Seconded: Lis
Vote 6-0
Chairman Judge asked if there were any alternative methods considered for creating an entrance
way into the basement.
Amanda Linhart stated that the proposed location allows the applicant to utilize the existing
opening to the basement and will not require an additional hole in the foundation wall.
Chairman Judge asked Sean McCarthy if there are any issues with the proposed staircase.
Sean McCarthy stated that the applicant will be required to install fall protection on top of the
wall above grade as part of the variance approval.
Sean McCarthy asked Amanda Linhart for the minimum width required for the applicant to
achieve the benefit requested.

4

(ZBA 10/17/2019)

�Amanda Linhart stated that the applicant is requesting 42 inches from wall to wall with a 40 inch
clearance in between the handrail in order to get large items, such as a refrigerator, into the
basement.
Chairman Judge asked for the width of the existing window well.
Amanda Linhart stated the width of the existing window well is 5 feet-10 inches wide and that
they propose to install a 5 foot-6 inch wide double door in that location. Ms. Linhart stated that
they plan on installing a removable handrail at the bottom stair risers in order to move large
items through the doors into the basement.
Motion was made by Chairman Judge to approve the variance as requested with the following
condition:
1. Applicant is required to install a fall prevention fence as specified in the plans submitted
to the ZBA and the Building Department.
Motion was made by Chairman Judge to approve the variances as requested based on the
following criteria:
1. Granting of the area variance will not produce an undesirable change in the character of
the neighborhood or a detriment to the nearby properties.
2. The requested area variance is the feasible method to pursue the benefit sought by the
applicant as there is an existing opening in the foundation walls at the existing window
well location.
3. The proposed variance is not substantial due to the existing the existing non-conformity of
the side yard set-back and the visibility of the proposed structure from the road.
4. The proposed variance will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood.
5. The alleged difficulty is not a self-created hardship.
Motion was made to grant the variance as requested.
Moved: Judge
Seconded: Church
Timothy Judge, Chairman - yes
Craig Lis - yes
Richard Hughes - yes
Alex MacFarlane - yes
Gorete Crowe - yes
Timothy Church- yes
Vote: 6-0

APPROVED

3. Approval of minutes, September 18, 2019
Chairman Church requested a change in the statement made by Margaret Rubick regarding the
area variance application submitted by Sean Tracy of 229 Webber Avenue.
5

(ZBA 10/17/2019)

�Motion was made to approve the September 18, 2019 minutes as amended.
Moved: Judge
Seconded: Lis
Timothy Judge, Chairman - yes
Craig Lis - yes
Richard Hughes - yes
Alex MacFarlane - yes
Gorete Crowe - yes
Timothy Church- yes
Vote: 6-0

APPROVED

Motion was made to adjourn the meeting at 8:40 pm.
Moved: Judge

Seconded: MacFarlane

Vote 6-0

Respectfully Submitted,
Po^MALA^M

Pamela Kroll
Secretary to the Zoning Board of Appeals

6

(ZBA 10/17/2019)

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