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                  <text>Village of Sleepy Hollow
Zoning Board of Appeals Meeting
June 17, 2020
The regular meeting was held via Zoom webinar and called to order at 8:00 PM by Chairman
Timothy Judge. Residents could not attend in person due to the COVID-19 pandemic, but could
participate by phone and video. The Board and the applicants participated by videoconferencing.
Present:

Timothy Judge, Chairman
Alex MacFarlane
Craig Lis
Timothy Church

Also Present:

Sean McCarthy, Village Architect

Absent:

Gorete Crowe
Richard Hughes
Margaret Rubick
Pamela Kroll, Secretary to the Zoning Board

Agenda:
1) Elizabeth Hill and Rachid Tbahi, 9 Irving Place, Proposed third apartment - Discussion
2) Hudson Pines, LLC, 180 Bedford Road, Proposed additions and alterations -Public
hearing
3) Approval of minutes, May 20, 2020
Chairman Judge stated that the applicant for 9 Irving Place has requested adjournment to the July
15, 2020 meeting. Chairman Judge stated that when only a quorum of members is present, the
vote must be unanimous in order for the application to be approved. If one of the members votes
against the approval, the application is denied and the applicant must wait six months before
submitting a new application.
Sean McCarthy read the following statement:
Tonight's meeting is convened in accordance with the Governor's Executive Order Number
202.1 issued March 13,2020 which suspends certain provisions of the New York State Open
Meetings Law to allow a municipal board to convene a meeting via videoconferencing. In
accordance with the Executive Order, the public has been provided with the ability to view
tonight's meeting and public hearing, and a transcript will be provided at a later date. I
have also confirmed with the Village Clerk that this meeting has been duly noticed by posting
a notice on the Villages' bulletin board, the Journal News newspaper, and posting a copy on
the Village website. Tonight's meeting is being broadcasted live on cable television and also
on YouTube.

1

(ZBA 6/17/2020)

�1. Elizabeth Hill and Rachid Tbahi. 9 Irving Place. Proposed third apartment - Discussion
The applicant requested adjournment via email to the July 16, 2020 meeting.
No action was taken.
2. Hudson Pines. I/LC. 180 Bedford Road. Pronosed additions and alterations - Public
hearing
Chairman Judge read the public notice and listed the documents submitted with the application
and asked Sean McCarthy to confirm that all of the mailing receipts have been received.
Sean McCarthy stated that all of the mailing receipts have been received.
Chairman Judge invited the applicant to present the application.
Kimberly Martelli, RA is the principle of KTM Architect representing Hudson Pines, LLC. Ms.
Martelli stated that the proposed indoor pool addition will be constructed on a lot that lies
entirely in the Village of Sleepy Hollow. The proposed pool will connect to the existing footprint
of the upper level of the Carriage House. The foundation for the pool will be constructed on the
lower level and house the mechanical equipment. The proposed increase in the front yard setback from the Carriage House is sited so it will be in-line with the existing music room structure.
The proposed height increase for the Carriage House is six inches more than the previously
approved height increase variance and calculated by the measurement from the curb line in front
of the structure to the mean of the roof slope. The proposed retaining walls will be shallow and
not visible from Bedford Road. The height of the retaining wall will be more apparent from the
site and service entrance ramp to the Carriage House. The proposed one-story pool house
addition will be constructed in the area of an existing greenhouse and will contain bathrooms,
one indoor habitable space, and an adjacent covered pergola. The required height variance is
necessary because the height of the structure is measured from the street curb elevation in
relation to the proposed pool house location on the property. Ms. Martelli shared the prepared
renderings of proposed structures.
Chairman Judge asked Kimberly Martelli to provide an update on the landscape screening
enhancements along Bedford Road as per the condition of the previous approval.
Kimberly Martelli shared the landscape plan and stated that there will be new trees planted in the
buffer area between Bedford Road and the existing and proposed new structures.
Timothy Church asked if the landscape plan is part of the application.
Kimberly Martelli stated that the final landscape plan will be submitted as part of the Planning
Board approval and that she would submit to the Zoning Board upon request.
Chairman Judge solicited comments from the Board.
Craig Lis asked Kimberly Martelli to point out where the retaining walls will be located.
2

(ZBA 6/17/2020)

�Kimberly Martelli shared the rendering and the elevation drawings and explained the location of
the proposed retaining walls.
Chairman Judge asked if the retaining walls are below grade.
Kimberly Martelli stated that the walls are below grade and that the height calculations include
the guardrails.
Motion was made to open the public hearing.
Moved: Judge

Seconded: Lis

Vote 4-0

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: MacFarlane

Vote 4-0

Chairman Judge stated that he had no objections to approving the application and solicited the
Board members for comments.
Timothy Church stated that is proposed additions are in keeping with the character of the
neighborhood as the buildings are architecturally designed to appear similar to the existing
structures. The new pool house is located in the area of an existing greenhouse so it is not a
completely new building. The proposed 10 foot retaining wall height will not be visible to the
public. The proposed landscape plan is comprehensive and will hide the new construction.
Alex MacFarlane stated that the existing structures are not visible from the road so the proposed
structures will not be visible.
Motion was made by Chairman Judge to approve the area variance as requested based on the
following criteria:
1. The proposed application is not a self-created hardship due to the existing nonconformities of the Carriage House.
2. Granting of the area variances will not be a detriment to the character of the
neighborhood as it is keeping with the character of the property itself.
3. Granting of the area variance will not have a permanent adverse effect or impact on the
physical or environmental conditions in the neighborhood and drainage issues, if
required, will be addressed by the Planning Board and the Village Architect.
4. Granting of the area variances is the feasible method to achieve the benefits sought by the
applicant to install an indoor in-ground pool and have access to the mechanicals.
3

(ZBA 6/17/2020)

�Chairman Judge stated the condition for landscape screening is not required as a Landscape Plan
will be submitted and reviewed by the Planning Board.
Chairman Judge stated that the application meets the requirements for a Type II action under
SEQRA 617.5.
Motion was made to grant the variances as requested.
Moved: Judge
Seconded: Church
Timothy Judge, Chairman - yes
Alex McFarlane - yes
Craig Lis - yes
Timothy Church - yes
Vote: 4-0

APPROVED

4. Annroval of minutes. Mav 20. 2020
The minutes were tabled to the July 15, 2020 meeting.
Motion was made to adjourn the meeting at 8:35 pm.
Moved: Judge
Seconded: Lis

Vote 4-0

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

4

(ZBA 6/17/2020)

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