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                  <text>Village of Sleepy Hollow
Zoning Board of Appeals Meeting
December 18, 2024
Chairman Timothy Church called the meeting to order at 7:00 pm.
Chairman Church stated that the applicant requested an adjournment for the Edge-on-Hudson
Development application. The Board will hold a public hearing in January.
Present:

Timothy Church, Chairman
Gorete Crowe
Craig Lis
Thomas Chang
Dennis Xenos

Also Present:

Sean E. McCarthy, Village Architect

Absent:

Pamela Kroll, Secretary to the Zoning Board of Appeals
Carol Lyden
Sandra Tripp

Agenda:
1) SDC Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront
Development, 1,3,5 Legend Drive, Proposed medical office building with attached
parking structure- Public hearing- requested adjournment
2) 131 Beekman LLC, 131 Beekman Avenue, Proposed basement apartment- Public
hearing
3) Approval of minutes, November 20, 2024
1.

SDC Lighthouse Landing Communities, LLC, Edge-on-Hudson Riverfront Development,
1, 3, 5 Legend Drive, Proposed medical office building with attached parking structurePublic hearing
The Board received an adjournment request from the Applicant’s attorney to adjourn the public
hearing to the January 15, 2024 meeting.

1

(ZBA 12/18/2024)

�2.

131 Beekman LLC, 131 Beekman Avenue, Proposed basement apartment- Public hearing
Chairman Church read the public notice and listed the documents submitted with the application.
Maximillian Mahalek stated that he is an attorney with the Cuddy + Feder LLP law firm
representing the applicant. Mr. Mahalek stated that the application packaged the requests for
interpretations or variances to construct a studio dwelling unit at the lower level of the existing
multi-family structure and to add a compact parking space. The existing structure includes two
parking spaces in the garage. Mr. Mahalek summarized the variances listed on the public notice,
as determined by the Building Department. Mr. Mahalek requested an interpretation that the
required lot width variance is not required because the 33.5 foot lot width has existed since 1919.
The adoption of the Zoning Code in 1926 included a grandfathering provision for existing nonconformities. The property deed indicates the 33.5 foot lot width in the description. Mr. Mahalek
requested an interpretation that the requested parking variance should be for two spaces because
the proposed compact space should count towards the parking requirements.
Chairman Church asked Sean McCarthy why the compact parking space does not meet the
Zoning Code requirements.
Sean McCarthy stated that 60% of the five required parking spaces must be full-size to include
the compact space in the proposed parking count. Since there are only two full-size parking
spaces in the existing garage, the property does not satisfy the 60% requirement. The proposed
compact parking space also does not meet the minimum size for maneuverability of a legal
space.
Chairman Church asked Mr. Mahalek to describe why a compact space is proposed instead of a
full-size space.
Mr. Mahalek presented the property survey and stated that the driveway is shared with 129
Beekman Avenue. This restricts the parking space size behind the applicant's building structure
and ensures safe access to the garage. The applicant seeks to demarcate a parking space to make
it safer. Mr. Mahalek presented the architectural drawings and stated that the proposed compact
parking space is 7.5 feet wide and 15 feet deep. Shrubs are proposed along the west lot line for
screening.
Chairman Church asked Mr. Mahalek if eliminating the proposed shrubbery would increase the
size and maneuverability of the proposed parking space.
Mr. Mahalek stated that he is unsure if the shrubbery is proposed to eliminate an existing
structure or if a larger parking space would affect access to the stairwell. He will confirm with
the applicant's design professional.
Mr. McCarthy suggested that reducing the proposed 5 foot buffer to 3 feet from the property line
would allow for stair access and allow for a larger parking space.
2

(ZBA 12/18/2024)

�Dennis Xenos asked Mr. Mahalek if the proposed compact space would create an adverse
difficulty for 129 Beekman Avenue or for the maneuverability of the 131 Beekman Avenue
garage.
Mr. Mahalek stated that he would confirm if the easement access with 129 Beekman Avenue is a
written agreement or formed by use. The compact space is designed to avoid adverse impact and
ensure maneuverability for both the users of 131 Beekman Avenue compact space, 131 Beekman
garage, and 129 Beekman Avenue.
Mr. Xenos asked Mr. Mahalek if the neighboring property owner was notified, if any objections
were received, and if there was a physical barrier where the property notches in the back.
Mr. Mahalek stated that the aerial view of the property indicates a flat area that may have been
used for parking at one point, but he does not believe there is an obstruction.
Mr. McCarthy stated that the property owner of 129 Beekman Avenue received notice of the
public hearing.
Chairman Church asked Mr. Mahalek to confirm that the garage is used for resident parking
only.
Mr. Mahalek stated that he has no reason to believe the garage is not being used for resident
parking.
Chairman Church stated that the Board has granted parking variances for similar applications,
including conditions that require the applicant to designate (1) off-street parking space for each
apartment unit and restrict the owner from renting out the garage spaces.
Gorete Crowe requested that Mr. Mahalek confirm the use of the garage.
Mr. Mahalek stated that the goal is to provide (1) parking space for each dwelling unit in the
structure, and he would provide the requested garage use information.
Mr. Mahalek stated that an interpretation was requested that a variance is not required for the
proposed compact parking space. If the variance is related to maneuverability, he can consider
making changes to the application.
Chairman Church stated that the Board’s concerns relate to providing adequate parking for all
three units and the maneuverability issue with the neighboring property owner.

Mr. Mahalek summarized the requested interpretations related to lot area, lot width, and the
compact parking spaces. He acknowledged that supplemental information is requested and that
3

(ZBA 12/18/2024)

�he may have to consult further with Mr. McCarthy. Mr. Mahalek summarized how the
application satisfies the five criteria factors for approval and stated that the existing porch and
open patio will remain for the residents use.
There was a discussion regarding the parking requirements for a one and two-family residence
versus a multi-family residence.
Mr. Mahalek stated that the studio dwelling unit is proposed to generate additional income and
ease the housing burden. The compact parking space is designed for safe maneuverability.
Chairman Church asked Mr. McCarthy about legal full-size parking space requirements.
Mr. McCarthy stated that a full-size parking space is 9 feet wide by 18 feet long. The proposed
dimensions are permitted as a compact parking space.
Chairman Church move to open the public hearing.
Moved: Church
Seconded: Xenos

Vote 5-0

Chairman Church solicited comments from the public.
There were no other public comments.
Chairman Church moved to adjourn the public hearing to the January 15, 2024 meeting.
Moved: Church
Seconded: Crowe
Vote 5-0
3. Approval of minutes, November 20, 2024
Chairman Church moved to table the minutes to the January 15, 2024 meeting.
Moved: Church
Seconded: Tripp

Vote 5-0

Chairman Church moved to adjourn the meeting at 7:34 P.M.
Moved: Church
Seconded: Tripp

Vote 5-0

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

4

(ZBA 12/18/2024)

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