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                  <text>Village of Sleepy Hollow
Zoning Board of Appeals Meeting
April 17, 2024
Chairman Timothy Church called the meeting to order at 7:04 pm.
Present:

Timothy Church, Chairman
Carol Lyden
Gorete Crowe
Thomas Chang
Sandra Tripp

Also Present:

Sean E. McCarthy, Village Architect
Pamela Kroll, Secretary to the Zoning Board of Appeals (Virtual)

Absent:

Craig Lis

Agenda:
1) Shiva Bhashyam and Hayley Reed, 4 Kingsland Road, Proposed 5-foot high fencing Public hearing
2) Approval of minutes, March 20, 2024
1. Shiva Bhashyam and Hayley Reed, 4 Kingsland Road, Proposed 5-foot high fencingPublic hearing
Chairman Church read the public notice, listed the documents submitted with the application,
and confirmed with Sean McCarthy that the Building Department received the mailing receipts.
Hayley Reed stated that she is the property owner requesting a variance to install 30 feet of 5foot-high fence in the front yard. The proposed fence would be the same style as the backyard
fence of the owner of 5 Evergreen Way. She presented her property survey showing the proposed
fence location. Ms. Reed presented photographs of the property and stated that the proposed
fence would run parallel between a portion of 5 Evergreen Way’s driveway and the holly trees in
their backyard. All existing vegetation would remain.
Chairman Church asked Ms. Reed if the existing 5-foot vinyl fencing is on the neighbor's
property.
Ms. Reed stated that the existing 5-foot fence is on the neighbor's property.
Chairman Church asked Sean McCarthy if the black chain link fence complies with the Code.

1

(ZBA 4/17/2024)

�Mr. McCarthy stated that the chain-link fence does not comply with the Zoning Code. The lot
was subdivided, and when the house on 5 Evergreen Way was built. The chain-link fence may
have been a requirement for the old pool enclosure.
Chairman Church asked Ms. Reed if she plans to keep the chain-link fence and if the new fence
is proposed to close off the backyard.
Ms. Reed stated that they are seeking to close off their backyard fully and plan to keep the chainlink fence.
Chairman Church asked how far the black chain link fence is from the road.
Mr. McCarthy stated that the existing chain link fence is 6.9 feet from the property line.
Sandra Tripp asked Mr. McCarthy to confirm the setback requirements.
Mr. McCarthy stated that the required setback is 30 feet. Within that 30 feet, a 3-foot high fence
is permitted. Beyond the 30-foot setback, a 5-foot fence is permitted.
There was a discussion regarding the property's grade and the visibility of the proposed fence.
Chairman Church asked if the existing vegetation would remain.
Ms. Reed stated that the fence would be installed behind the bushes, and they would cover it.
Chairman Church moved to open the public hearing.
Moved: Church
Seconded: Crowe

Vote 5-0

Chairman Church solicited comments from the public.
There were no comments from the public.
Chairman Church moved to close the public hearing.
Moved: Church
Seconded: Tripp

Vote 5-0

Sandra Tripp stated that although her request is reasonable, she is concerned about what will
happen when the chain-link fence needs to be replaced.
Chairman Church stated that the Board is there to decide on whether or not to approve 30 feet of
the 5-foot high white vinyl fencing. Approval of the existing chain-link fence is not a part of the
application. The downward slope of the property is important in this application because the
fence will appear as a 3-foot high fence to the neighboring property owner and would block the
view from the neighbors driveway to the applicants backyard. The existing vegetation will
obstruct the view of the fence.
2

(ZBA 4/17/2024)

�Chairman Church stated that the proposed fence extension is not substantial as it would not
extend to the road and not cause an obstruction to the vehicles on the road or the neighboring
property owner. The proposed fence would not create a detriment to the neighborhood's
character as it will be similarly aesthetic to the neighbor's 5-foot fence. The proposed fence
would not adversely affect the physical or environmental conditions of the neighborhood.
Although the requested variance is a self-created hardship, it is not the only factor the Board
considers when granting a variance.
Chairman Church moved to approve the application.
Moved: Church
Seconded: Tripp
Timothy Church, Chairman - yes
Carol Lyden - yes
Gorete Crowe - yes
Thomas Chang - yes
Sandra Tripp - yes
Vote 5-0

APPROVED

2. Approval of minutes, March 20, 2024
Chairman Church moved to approve the March 20, 2024 minutes.
Moved: Church
Seconded: Crowe
Timothy Church, Chairman - yes
Carol Lyden - yes
Gorete Crowe - yes
Thomas Chang -yes
Sandra Tripp- yes
Vote 5-0

APPROVED

Chairman Church moved to adjourn the meeting at 7:25 P.M
Moved: Church
Seconded: Tripp

Vote 5-0

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

3

(ZBA 4/17/2024)

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