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                    <text>NORTH TARRYTOWN, N . Y .
May 2 6 , 19 70

J **

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*&gt;

A Public Hearing was held before the Zoning Board of Appeals
of the Village of North Tarrytown, N.Y. on the above date.
Present

James Friere, Chairman
Demetrios Caraley
Pat Lupi
Edward Swaby
Anthony Gasparovic, Bldg. Insp.
SanteiJ. Chessari, Counsel

Absent
Also present:

David Page
David and Mary Katherine Lingardo.

Chairman James Friere called the hearing to order at 8:00 P.M.,
and requested Acting Clerk Sante Chessari to read the notice of-hearing,
for a variance from the Zoning Ordinance to permit David and Katherine
Lingardo to extend the rear porch of premises at 72 Pocantico Street
a distance of five feet toward the rear property line, and a distance
of three and one-half feet toward the southerly side side line of said
premises.
Chairman Friere asked if there was; anyone present who desired
to speak for or against the requested variance.
No one speaking for or against the variance, Chairman Friere
suggested that the Board meetion May 27, 1970 to inspect the premises
and render a report.
Respectfully submitted,
Sante J. Cnessari
Acting Clerk

May 27, 1970
The Zoning Board of Appeals met at 6: 3 0 ; P. M. on the above date
to inspect the premises of David and Mary Katherine Lingardo for the
extension of a rear porch.
*P
Mr. Pat Lupi Amoved, -seconded:by ,"Mr&lt;*;Edward[Swaby
that.a;variance
be granted to David and Mary Katherine Lingardo "from the Zoning Ordinance
to permit them to extend the rear porch of premises;at 72 Pocantico St #
a distance of five feet towardtheJrear;propertyfline and a distance of
three and one-half feet toward the-southerly-sidesside line of said
premises.
Carried.
,
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Sante J ."-• Cnessari
Acting Clerk

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�AFFIDAVIT OF PUBLICATION
from

WESTCHESTER ROCKLAND NEWSPAPERS, INC.

State of New York
County of Westchester

ss

T H E DAILY ITEM
PORT CHESTER, N. Y.

J . W. Higle
being duly sworn,

T H E DAILY T I M E S
MAMARONECK. N. Y.

says that

he is the principal clerk of Westchester Rockland Newspapers, Inc., *

group of newspapers published in the County of Westchester and State of New York,

T H E STANDARD-STAR
NEW ROCHELLE, N. Y.

and the notice of which the annexed is a printed copy, was published in the newspapers
indicated on the left and on the dates checked below:

T H E DAILY A R G U S
MOUNT VERNON. N. Y.
T H E HERALD STATESMAN
YONKERS. N. Y.
T H E DAILY N E W S
TARRYTOWN. N. Y.

i»70
X

T H E C I T I Z E N REGISTER
OSSININ6, N. Y.
THE REPORTER DISPATCH
WHITE PLAINS. N. Y.

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R E Y I E W P R E S S 8c R E P O R T E R
BRONXVILLE, N. Y.

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Signed
T H E EVENING STAR
THE PEEKSKILL STAR CORP.
PEEKSKILL. N.Y.f AFFILIATED)

%,. ••: PUBUCWOTICE^r-^ZlLv}|

- VILLAGE
OF K K ^RESIDEirTS
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TO
ALL TAXPAYER
PARTIES IN lirreREST: -

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Sworn to before me
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,f .t 0 tl ^l &gt;p/ J f c B c \ State of New Y6fk
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No. 60-2565600
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Qualified in Westchester C o ^
Term Expires March J 0 , 1-71

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�22 May 1970

Mr. 8 Mrs* David Lingardo
72 Pocantico St.
No. Tarrytown, M.Y.
Dear Mr. 8 Mrs. Lingardo:
Enclosed please find copy of bill received
for zoning variance advertisement in the amount of
$5.67.
Please make check payable to the Village of North
Tarrytown.

This »ay be paid the night of the Hearing.
Z; :

'

Enc.

Sincerely,

Filosena Fallacaro
Clerk

�PUBLIC NOTICE

]6- 1^

Vj^

VILLAGE OF WORTH TARRYTOWN

TO ALL TAXPAYERS, RESIDENTS AND PARTIES IN INTEREST:

PLEASE TAKE:NOTICE, that the Zoning Board of Appeals of
the Village of North Tarrytown v/ill hold a Public Hearing on
the 26th day of May, 1970 f-. at 8 : OOP,M..;, at; the Municipal
Building,28 Beekman Avenue, North Tarrytown, New York, to
hear and consider an application of David Lingardo and Mary
Katherine Lingardo,I his wife, for a variance * from the Zoning
Ordinance of the Village of North.Tarrytbwn\to permit them
to extend the rear porch of premises at 72 Pocantico Street,
North Tarrytown, New York, a distance of five (5) feet toward
the rear property line, and a distance of three and one-half
(3 1/2) feet toward the southerly side side line of said
premises.
All taxpayers, residents and parties in interest are
entitled to appear and be heard at said hearing.

By Order of the Zoning Board of Appeals
Dated: May 15, 19 70

Filomena Fallacaro
Village Clerk ;

�4

12 May 1970

Daily News
Valley St,
No. Tarrytown, NiY.
Gentlemen:
Kindly publish the enclosed notice in the Daily News
on Friday, May 15th, 1970 under Legal Column.
Sincerely,

Enc.

Filomena Fallacaro
Clerk

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                    <text>NORTH TARRYTOWN, N.Y.
August 17, 19 70

^ #

Public Hearings were.held before the Zoning Board of Appeals
of the Village of North Tarrytown, N.Y. on the above date.
Present

James Friere, Chairman
Pat Lupi
Edward Swaby
David Page
Demetrios Caraley
Sante J. Chessari, Counsel
Anthony Gasparovic, Bldg. Inspector

Mr. James Friere called the hearings to order.
Counsel Chessari read the first notice of hearing to consider an
application by Kirk and Carolyn Wilkinson for a variance from the
Zoning Ordinance to permit the now existing rear porch extension on
the northerly side of his property "known as Section 11, Block 1L,
Lot U to remain standing leaving a distance,of six feet from the
northerly side line of said property,instead of the required ten
feet.
Mr. Kirk [Wilkinson stated^that the /porch on.was built ten years'
ago, however, :h"e* owned ^oth the house and "adjacent lot which was not
in violation. He stated that he can sell the house based on his
obtaining a-variance to clear the violation and the lot will be sold
later.

•

On inquiry of Mr. Swaby as to the zoning clarification, hewas
told that it was an R-2 District which has a requirement of ten feet
side yard.
Mr. Friere stated that the width of the staircase extends over
into ten feet, instead of the required six feet.
Mr. Gasparovic stated that there were several cases in the Manor
whereby owners -. had to remove an existing porch or door because they
were in violation of the Zoning Ordinance.
There being no further comments, Mr,, Friere stated that a decision
will be made and Mr. Wilkinson wi11 be notified of same.
Counsel Chessari read.the notice
application from the zoning ordinance
assembly factory use for multi-family
building on property known as Section

of hearing to consider an^
to allow manufacturing and
mixed occupancy type, five frame
16, Block 10, Lot 10.

�-2Mr. Frank Foley appearing in behalf of his client, stated that
there are only two clothing shops in the two Villages, one on Valley
Street and the other on Central Avenue. There/are many shops leaving
the Villages whereby a great many people are unemployed or employed
in other fields, He stated that favorable consideration of the
application.-would not only, do no harm to the community, but would be
beneficial in providing Additional jobs.
Mr. Foley stated that Mr. Cavalieri can accomodate 12-14 cars
on his lot across the street for employee parking. He.stated that
most people would be walking to work. He also stated that a dress
manufacturer would be less noxious than an auto body shop.
Mr, Morris Kavey, owner of the Development Project, stated that
he is going to build a 162 familty apartment building and would be
objectionable to a dress factory opposite this building.
If the"
applicant had a hardship, he would go along with the request, said
Mr. Kavey, however, there is no hardship involved.
Mr. Foley stated that the building would be made to conform
to the proper requirements and all safeguards would have to be met
before a certificate of occupancy is given for its intended use.
He also stated that the apartment dwellers would have a factory
nearby in which to work.
Mr. Jacob Ward, representative of the Blitman S Kavitt Co,,
voiced his opposition to the application. He stated that the
apartment house being erected will provide housing for people in
compliance with the Zoning Ordinance. This .will improve an area,
making it a much better place to live, saidJMr. Ward. We are
trying to upgrade an area, said Mr. Ward, and a manufacturing shop
would downgrade it. Although they would like to see employment,
this area is not the proper place for this facility, said Mr. Ward.
On an inquiry by Mr. Lupi as to what type of machinery wou}.d
be in the building, he was answered dress making.
Mr. Ward stated that with this kind of operation,.it brings ^
trucking and everything else that goes with a manufacturing operation.
Mr. Foley stated that there will"'be no trucking to endanger
children or which will create"ahtiazard to the health and;safety of
any children or citizen in the Village.
He stated that he did not
believe that the location of the manufacturing business^would detract
from a decent and good place to live.\;:There are many;people who
are employed in this type of business and who will continue to be
employed locally,,, said Mr. t Foley. This is a responsibility to some
of our local residents^and would; not be detrimental.
Mr. Kavitt stated that anyone who "lives above will hear noise
which will ,be objectionable to tenants.
: Mr. Friere stated that the Board will take these views and
comments into cosnideration and a decision will be made.

�-3After the applicants left, the members of.'the Board met to
discuss the requests for variances.
Following a discussion1on the-Wilkinson variance, Mr. Edward
Swaby moved,1 seconded by. Mr. Pat Lupi that-Mr. J Kirk Wilkinson*s
request for'a variance to permit the how existing rear porth extension
on the northerly side of his property known as Section 11, Block 1L,
Lot 4 to remain standing leaving a distance of six feet from the
northerly side line of said property instead of the required ten feet
be denied.
Carried.
Following a discussion on Mr. Cavalieri's request, Mr..Demetrios
Caraley moved, seconded by Mr. Edw ard waby that Mr. Cavalieri's
application for a variance to.perm it a light manufacturing business
use in the building located at 12 8 Cortlandt Street, on real property
known as Section 16, Block 10, Lot 10 be denied on grounds that such
business use is not a permitted us e for that location under the
provisions of the Zoning Ordinance of the Village of North Tarrytown.
Carried.
There being no further business to come before the meeting,
Mr. Lupi moved, seconded by Mr. Page that the same be duly adjourned.
Carried.

Respectfully subm5_tted,

Filomena Fallacaro
Clerk

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                    <text>NORTH TARRYTOWN, N.Y.
October 21, 1970

/'

Two hearings were held before the Zoning Board of Appeals of the
Village of North Tarrytown, N.Y. on the above date.
Present

James Friere, Chairman
David Page
Pat Lupi
Demetrios Caraley
Edward Swaby
Sante J. Chessari, Counsel

Applicants: Frank Capozza
Walter Kane
Mr. James M. Spector, Attorney,
(In-behalf of Village on Kane appeal)
Chairman Friere called the meeting to order at 8:00 P.M. and read
the first notice of hearing to consider an application for a variance
by Capozza Realty Co. to permit expansion of his present office structure
on property known as Section 16, Block 1, Lots 1 £ 3A, known as No. 11
River Street, leaving a distance of 17 ft. from the front line of said
property, instead of the required 20 ft.
Chairman Friere stated that all members inspected the property,
except for Mr. Swaby. There is a question of three feet being requested,
said Chairman Friere.
Since there was a substantial agreement among members, Edward
Swaby moved, seconded by Pat Lupi that Capozza Realty Co. be granted
a variance from the Zoning Ordinance in accordance with schedule of
regulations, Section 62-8B, District M, permitting him to expand his
present office structure on property known as Section 16, Block 1,
Lots 1 £ 3A and also known as No. 11 River Street, leaving a distance
of 17 ft. from the front line of said property, instead of the
required 20 ft.
Carried.
Chairman Friere advised Mr. Capozza to consult with the Building
Inspector who will issue him a permit.
Chairman Friere read a notice,of hearing to-hear and consider
the appeal of Walter T. Kane from the provision of the Zoning Ordinance,
Schedule of Regulations, Section 62-8B, District R-2A, Co. 8, Maximum
height 35 ft. with respect ;to the order, decision or determination of
the Building Inspector resulting in.the issuance of a building permit
for the construction of a one family residence to be located and
proposed to be erected on property located at 31 Lakeview Avenue and
also known on ihe official tax map as Section 11, Block 1L, Lot. 2.
Mr. Kane's appeal stated that the said building permit was issued
in contradiction of the provisions of the Zoning Ordinance in that the
proposed structure exceeds the height of 35 ft. specified in said
ordinance under the definition of Height (6210) and the definition of
Curb Level (6208).

�f

-2Mr. Kane states in his appeal that the Curb Level to be used as the
base for measuring height is at .the midpoint of the length of the street
in front of the lot and not the midpoint of that part of the street which
is paved; that the determination of the Building Inspector that the curb
level to be used is the midpoint of the length of the paved street is
erroneous and an arbitrary and unreasonable interpretation of the
ordinance, particularly in view of the designation of the street on
the official zoning maplL
Mr. John Holahan, Attorney for Mr. Kane, submitted a memo, exhibits
including a survey map of the situation now existing on said property;
copy of letter from the Zoning Board of an informal hearing and an
official zoning map of the Village.
Mr, Holahan stated in his memo that an examination of the official
zoning map adopted by the Board of Trustees on September 8, 1964, shows
Lakeview Avenue, on which the subject property fronts, running, in part,
westerly from Pokahoe Drive to the N.Y. Central, now Perm Central R.Rt
He stated that a physical inspection of Lakeview Avenue shows that it
has not been paved or developed to its determination point as shown on
the official map.
He stated that it is submitted that lack of paving or development
of Lakeview Avenue to its termination point does not justify a decision
that height requirements should be determined from the midpoint of the
paved or developed area.
Mr. Holahan stated that an official map has been adopted by the
Village and such map is final and conclusive with respect to the location
of streets shown thereon. Any change with respect to the location of any
street shown thereon jj^wi thin the pxorview of the Board of Trustees and not
within the province of the Building Inspector, said Mr. Holahan.
Mr. Kane, referring to exhibit A taking the midpoint of the lot
which is 99.46 ft., the unfinished peak of roof 139.04, less one-half
of the roof height 2.50; total of 136.54, base elevation 99.46 gives a
height of 37.08 ft. which is in violation of the Village Ordinance. He
stated that Mr. Gasparovic came up with a figure of 34.08 ft.
Mr. Caraley asked Mr. Riley, the surveyor for both Messrs. Kane
and Chen, as to how he established the peak of the roof.
Mr. Riley stated that he actually measured it with a tape up to
the face of the building, i.e., one on the ground and the other on
the roof.
Mr. Caraley, directing his question to Mr. Riley, inquired if he
really cited the 139.04, that it is just a calculation^
Mr. Riley stated that it was cited on a basement level.
Mr. Gasparovic mentioned the fact that Mr. Kane maintains that
the curb height is 6 inches, however, the Street Commissioner, John
Biros, recognizes an 8 inch curb height.
Mr. Caraley inquired if the curb height;was calculated in his
figures and was told that he took the midpoint of the street.

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�Mr. Spector inquired if it was taken from the midpoint of the
crown of the street or from the midpoint of crown of street from an
alternate street,
Mr. Riley stated that it was taken from all points.
Mr. Swaby inquired as to how much grading is there from the
crown to the gutter.
Mr. Riley stated that he did not take actual level elevations.
Under normal condition^, the Village specifys normal crown is somewhere
in the vicinity of 5 in., and he cannot tell how this street was built.
Mr. Lupi stated that he did not think the road has too much of a
crown. There is a very little crown at the bend, he said.
Mr. Gasparovic stated that according to his calculations, the
building will be 34.8 ft. in height from the top of the curb.
Mr. Spector stated that he looked at Lakeview Avenue from the
point marked on exhibit A. It is not merely a question of a street
pavement coming to an end, it is a question of land coming to a gradual
drop. The street does run to the Penn Central tracks, however, this
was not taken into consideration from a practical matter. It does
not appear that the street would be extended. A building permit was
issued in compliance with the terms of the permit and now we are
confronted in an attempt to change that which is^ a fact, said Mr.
Spector. Lakeview Avenue comes to a stop arid under the statute system,
the curb level is the official established grade
beyond that, is
nothing, he said.
Mr. Spector stated that the permit was properly issued and the
building, based on technical information, conforms with the permit and
finds no grounds for over-ruling the decision of the Board.
Mr. Holahan stated that he would agree with Counsel on many things
that the statutes would control passage of an ordinance passed on
September 8, 1964, but he stated that he does not know what was in the
minds of the Board the night it was adopted. The Board adopted a map
showing a street running, in part, from Pokahoe Drive to the N.Y.C.R.R.
tracks. He stated that he cannot say what the proposed development was
to be and from a parctical view does not know what could be done with it.
He stated that he did not think that a determination should be made by
himself, but by the Board who originally adopted the map. It is not
within the province of the Building Inspector or of this Board to make
any change in this official zoning map.
Mr, Caraley stated that we are bound,by the Zoning Code and the
exact language of the Code. The Code states the curb of street midpoint in front of the lot. It does not state the curb of street or
proposed street, said Mr. Caraley. The Building Inspector's determination
is the midpoint of the street, in front of the lot. The Code says the
curbpf the street that exists, arid that is from where the Building
Inspector measured.

�-4Mr. Caraley agreed that we cannot amend the Zoning Ordinance;
however, we must simply stick to the language of it. V7e can only
measure from a real street, but not from some possible street.
Mr. Caraley stated that according to Mr. Kane's engineer, the
building is under the 3 5 ft. height. Asking Mr. Riley if this was so,
he was answered in the affirmative.
Mr. Swaby stated that the language is misleading.
street seems to be the point, he said.
Mr.

The curb of the

Lupi stated that there was no curb on the street.

Mr. Spector stated that if you had no street, you could have no
curb. There has to be a stteet, in order to have a curb; however,
this is not the problem before us.
Mr. Swaby stated that we have not been presented with a petition
in which we might apply to determine the specifics of the language of
this ordinance.
Mrs. W. Emmett, 32 Lakeview Ave., stated that in all the years
she has been living on Lakeview, she cannot see how the road can be
extended because of the drop.
Mr. Emmett agreed with his wife and also stated that the permit
was issued in good faith and it would be a terrible thing to have a
man go through the process of building a house and then having to tell
him it is all wrong.
Mr. Kane inquired of Mr. Gasparovic that/if the house is above
the 35 ft. elevation, would he issue a certificate of occupancy.
Mr. Gasparovic stated that he would not issue a certificate of
occupancy if the height exceeds the 35 ft. and he has informed Mr. Chen
of this. At the time Mr. Gasparovic spoke to Mr. Chen about this, he
advised him to consult with a qualified engineer to.take all the
measurements. On the basis of these measurements/taken by the engineer,
the height of the house is 8 inches below the 35 ft. height, said Mr.
Gasparovic.
Mr. Kane contended that the house is being built in violation of
the plans previously approved by Mr. Gasparovic.
Mr. Gasparovic stated that when the plans were first presented to
him, he told Mr. Chen to make all the necessary adjustments so as to
bring the building at the 35 ft. height. He tookVinto consideration
the actual dimension of the floor construction which he took at 12 in.
but actually, it is less than 12 in.', /said Mr. Gasparovic. 2 x 10
is 9 and 5/8ths in. for 1/2 in. for the sub-floorings, which makes it
10 1/4 in., instead of the 12 inches.
Mr. Chen explained that the measurements taken are not in excess
of the zoning requirements.
•

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�-5Mr. Gasparovic stated that the midpoint of lot is determined
if the street is completely paved. The midpoint is determined at
the top of curb or existing street. This is the only way it can be
ligitimateiy and fairly taken under consideration, said Mr. Gasparovic.
If the street ran to the railroad tracks, the midpoint would have to
be taken from the middle of the street in front of the property. He
stated that since the street did not terminate at the end of the
property at the railroad tracks, he took the midpoint of the street where
the pavement stopped.
Following a general discussion, Chairman Friere stated that the
Board will sit in private session for review of the matter, after
which a decision will be made.
The hearing adjourned at 9:30 P.M.

Respectfully submitted,

Filomena Fallacaro
Clerk

�VILLAGE OF NORTH TARRYTQWN, NEW YORK
2 8 BEEKMAN A V E N U E

ii

E O R G E N . L.OPANO. MAYOR
•

D O N A L D J . M U R R A Y , CHAIRMAN
ADMINISTRATION COMMITTEE

RAYMOND T . BOWLES
DEPUTY MAYOR

A R M A N D O V . G A U E L L A . CHAIRMAN
FIRE COMMITTEE

MISS PILOMENA FALLACARO
VILLAGE CLERK

.»•!.

ANTHONY C. CAPOS8ELA. CHAIRMAN
STREET, SIDEWALK,
SANITATION COMMUTES

MRS. DOROTHY GRANIEZ
TREASURER

R A Y M O N D T . B O W L E R , CHAIRMAN
RECREATION, HOUSING COMMITTEE

SANTE J. CHESSARl
VILLAGE COUNSEL

JOHN A. ARCATE, CHAIRMAN
FINANCE AND REAL KSTATK
COMMITTEE

I

INCORPORATED 1 8 7 4

W I L L I A M R. S E E , CHAIRMAN
POLICE COMMITTEE

29 Ootober 1970
i'S

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Mr. Walter T. Kane .
253 Hunter Avenue
No, Tarrytown, N.Y.

-

,••:..-

Dear Mr, Kane:

j I

•

I i

The Zoning Board of Appeals has considered your appeal
with regard to your objection to the issuance of a Building Permit
to Mr. Sou-Chuan Chen for construction of a one-family residence at
31 Lakeview Avenue, North Tarrytown, New York.
By a majority vote of 3 to 1 the Board after extensive
deliberations following the public hearing on your appeal held
on October 21, 1970, denies your appeal and reaffirms the action of
the Building Inspector in issuing the building permit.
The decision of the Board is predicated upon'the following
considerations:

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• * * . &lt; - . • • *

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1. In the opinion of the Board, the most reasonable
interpretation of the phrase "curb of the street midpoint in front
of the lot" (Zoning Ordinance p. 6208) is that point of the curb
at the midpoint of the length of the street that exists adjacent to
the front of the lot.
2. The Board has visited the location and found that Lakeview
Avenue physically terminates;at a point prior to the west end of the
property line in question. The terrain beyond this point slopes so
precipitiously down towards the Hudson River so as to preclude
extension of Lakeview Avenue beyond its present terminus.

- i

!
' • &gt; • • * .

3. The act of the Building Inspector in setting'the curb
height at 8 inches was fair and reasonable.'

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�VILLAGE OF NORTH TARRYTOWN, NEW YORK

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2 8 BEEKMAN AVENUE
G E O R G E N. L O P A N O , MAYOR
D O N A L D J . M U R R A Y , CHAIRMAN
ADMINISTRATION COMMITTEE

R A Y M O N D T. B O W L E S
DEPUTY MAYOR

A R M A N D O V . G A L E L L A , CHAIRMAN
FIRE COMMITTEE

M I 6 S FILOMENA FALLACARO
VlLLAOK CLERK

A N T H O N Y C . C A P O S S E L A . CHAIRMAN
STREET, SIDEWALK,
SANITATION COMMITTEE

MR8.

DOROTHY GRANIEZ

TREASURER

' R A Y M O N D T . B O W L E 8 , CHAIRMAN
RECREATION, HOUSING COMMITTEE

SANTE J . CHESSARl
VlLLASK COUNSEL

J O H N A . A R C A T B , CHAIRMAN
FINANCE AND REAL ESTATE
COMMITTEE

INCORPORATED 1874

W I L L I A M R. S E E , CHAIRMAN
POLICE COMMITTEE

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29 October 1970

-2-

Mr. Walter T..Kane

4. That the testimony of your witness, Mr. Charles Riley,
a licensed surveyor, indicated that the actual height of the
structure as defined by the Zoning Ordinance (P. 6210) when
measured from the aforesaid point was within the permissible
limit of 35 feet.

!i

In making its decision, the Board has carefully considered
your arguments and those of your attorney, the exhibits submitted
by you, the testimony of Mr. Riley and the Building Inspector and
the arguments of Mr. Chen.
'-"'..;-'•:; \ -•• Cordially yours,
it.

a
James F r i e r e
Chairman

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