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                    <text>NORTH TARRYTOWN, N.Y.
November 13, 197 3

°l

Two 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
Peter Esteban
James Margotta
Thomas Connelly
Sante J* Chessari, Counsel
Leonard Losier, Building Inspector

Chairman Friere called the hearings to order at 8:00 P.M.
Counsel Chessari read the first notice of hearing to consider
the request of William Williams, 107 Cortlandt Street, for relief on
appeal from a decision of the Building Inspector in denying a permit
on applicant's proposal to erect a one rear room addition of approximately
723 sq. ft and for (1) a variance from the provisions of Section 62-14,
Subsection E on-site parking requirements that there be 1.2 parking
spaces for each apartment or a total of 7.2 parking spaces; and (2)
for a variance from the provisions of Section 62-25-A requirements that
a nonconforming use or building may not be structurally altered during
its life to an extent exceeding in aggregate costs twenty-five percent
of the assessed value of the building.
Chairman Friere asked if there was anyone present who would like
to comment on the requested variance.
Mr. Charles Steinberg, of Steinberg £ Tuchman, representing Mr.
Williams, stated that his client has lived in the Village for over
25 years. He stated that there are six dwelling units all occupied by
members of his family. There are two cars owned by Mr. Williams and
one of the residents in the building. The addition is a playroom for
use of several grandchildren, said Mr. Steinberg. He stated that the
room would be constructed by various members of his family.
Mr. Steinberg stated that Section 62-14E-off-site parking, does
not apply in this case because it is a non-conforming use. The playroom
will not, in any way, bring in people with cars nor in any way interfere
with the neighborhood, which is mostly commercial, he said. Mr. Steinberg
stated that Mr. Williams will try to conform to the best of his ability
and have no off-street parking problem relating to anyone living on his
premises.
Mr. Steinberg stated that Section 62-25A is not violated and this
section does not apply. The estimated expense of the playroom is between
$500-$1000. He requested that the decision of the Building Inspector
be over-ruled and permission be granted to Mr. Williams to build a
playroom.

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_ - ^M rl "£*•*

�Mr. Margotta stated that the room would have to built according
to the Building Code, however, before anything is done Mr. Williams
should present a plan. He also questioned whether the one window would
provide air ventilation.
Mr. Losier stated that it would not for that size room.
Mr. Steinberg stated that there would be three windows.
Counsel Chessari stated that it has to be understood that in the
event that the Board should render a favorable decision, the room
being constructed has to conform to the building code. The next step
would be to apply to the building inspector for a permit,
Mr. John Blalock, Cortlahdt Street, stated that he is in agreement
that the extension would conform to the building code so that there
will be no hazard.
Mr. Losier questioned the figure of 500-1000 for the construction.
He stated that he cannot conceive that it could be done for that amount
of money; it still has a value.
It was stated earlier that materials and labor were being donated
by relatives and friends.
An affidavit was submitted to the effect that neighbors within a
200 ft. radius were notified of the hearing.
No other comments, the hearing was closed.
Mr, Friere stated that the Board will render a decision and
notify Mr. Williams of same.
Counsel Chessari read the second notice of hearing to consider
the request of John Minardi, 89 New Broadway, for relief on appeal from
a decision of the Building Inspector in denying a permit on applicant's
proposal to erect an addition to the existing building on the existing
lot containing less than 4,000 sq, ft. and for a variance from the
provisions from Section 62-8B, Subsection R-4, paragraph 5 requirement
of minimum lot size of 4,000 sq, ft and for a variance from the provisions
of said Ordinance of Section 62-8B, Subsection R-4, paragraph 7 side yard
requirement of 12 feet on property known on the Tax Assessment map as
Section 17, Block 18, Lots 31 S 32.
Mr. Friere asked if there was anyone present who would like to
comment on the proposed request.
Mr. Connelly inquired of Mr. Minardi as to what the estimated cost
of the addition would be and was told about $15,000,
It was noted that Mr. Minardi submitted an affidavit containing
signatures of property owners within 200 feet of his property who were
notified of the proposed request for a variance.

�I
-3No other comments, Mr. Margotta moved, that the hearing be closed,
seconded by Mr, Esteban.
Carried.
Mr. Friere informed Mr. Minardi that he will be notified of the
Board's decision.
EXECUTIVE SESSION
Following a discussion of Mr.Williams' request for a variance,
Mr. Connelly moved, seconded by Mr. Margotta that Mr. Williams be
granted a variance to erect a one rear room addition on his property
known and designated on the Tax Assessment Map as Section 16, Block 8,
Lot 34, 107 Cortlandt Street, North Tarrytown, N.Y., subject to the
conditions as specified in his application of September 12, 1973 and
Appeal and Petition dated October 8, 1973. (Copy attached in official
minutes).
Carried.
Following a discussion of Mr. Minardi's request.for a variance,
Mr. Arcate moved, seconded by Mr. Esteban that Mr. Minardi be granted
a variance to erect an addition from the provisions of Section 62-8B,
subsection R4, paragraphs 5 £ 7, specifically granting one foot
variation from the required twelve feet side yard and 160 sq. feet of
the required 4,000 sq. feet lot size.
Carried.
No other business to come before the meeting, Mr. Esteban moved,
seconded by.Mr, Margotta that the same be duly adjourned. Carried.

Respectfully submitted,

Filomena Fallacaro
Clerk

�r
OFFICE OF THE BUILDING INSPECTOR
VILLAGE OF NORTH TARRYTOWN, N.Y.

Application for Building Permit
E ^ September 1 2 , 1973

Permit No.

Application is hereby made for permit to
.f^~5*....V*9.
a building or part of a building
or
(move, demolish, erect, alter, repair, add to, excavate f VoOIll f o r c h i l d r e n
The building to be used as „ . ! f l u l t . i p i e _ d w e l ^
(one-family dwelling, two-family dwelling, apartment bouse, store, office building, factory, warehouse, garage, or other classification)
The class of construction is to be

.flEep.£Q.Qf.

J/ ._ ty _ •? fl

(fireproof, non-fireproof, frame)

The location is at lQ7...Cortlandt_St A ; / „..Nq....Tar^tgwi

f w hich

is

inside

(street and number)

the Fire Zone.
;
:

i

The following information is to be supplied wherever applicable to the work proposed:
1. Area of lot or plot the building is to occupy : 2 3 8 0 . . . s q « — f t . x q p &amp;

of

which

723 s q .

ft.

is

for

the proposed addition
2.

Total combined area of all buildings on lot or plot including the one for which a permit h requested.

2.4.8.0

sq. ft.

3. Least width of street on which building faces
4.

Height of building for which permit is requested

5. Least distance from building to street line

2.7

ft.

8

ft.

8

ft.

I

6. Distances from nearest point of building to lot lines:

.

To . . . l e f t

side lot line .1..'.. 7 . - 1 / 2 . "

To

side

right

. I._.Tn.

J

^

i^

rear lot line

1"

ft.

2'\

^

4.Q.

ft

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3j

UOU

*/ /

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•

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                    <text>NORTH TARRYTOWN, N.Y.
October 25, 197 3

gt /

Three zoning hearings were held before the Board of Trustees
of the Village of North Tarrytown, N.Y. on the above date.
Present

James Friere, Chairman
Peter Esteban
James Margotta
Thomas Connelly
Sante J. Chessari, Counsel
Leonard Losier, Bldg. Inspector

Absent

John Arcate

Chairman Friere called the hearings to order at 8:00 P.m.
and read the first notice of hearing to consider the request of
Louis Martin, 179 Beekman Avenue, for relief on appeal from a
decision of the Building Inspector in denying a permit on applicant's
proposal to erect two signs 8" in thickness and for a variance from
the provisions of Section 62-15, Subsection D, paragraph 1 (a) of
the Zoning Ordinance and asked if there was anyone present who
would like to address the Board.
Mr. Abe Zuckerman, Agent who is erecting the sign, submitted
receipts to the effect that property owners within a 200 ft. radius
were notified of this request for a variance.
Mr. Zuckerman stated that he was requesting an additional two
inches because the electrical components are too big to go into the
sign and therefore, he is asking for an 8" thickness, instead of the
required 6". It will not be a flashing sign, said Mr. Zuckerman.
Mr, Margotta inquired of Mr. Zuckerman how high off the sidewalk
is the sign and was answered 12 - 1U ft. The sign would be flush
against the building, he said.
There being no further comments, Mr. Margotta move&lt;2, seconded by
Mr. Esteban that the hearing be closed. Carried.
Counsel Chessari read the notice of hearing to consider the
request of Thomas and Melissa Moran, 26-Evergreen Way, for relief on
appeal from a decision of the Building Inspector in denying a permit
to erect a one room addition and enclosing the existing patio lot
containing 9,072 square feet and for a variance from the provision
of Section 62-8-R-2A requirement of 15,000 square feet on property
known on the Tax Assessment map as Section 11, Block IN, Lot 3.
The Clerk read a letter from Robert Huston, Zoning Committee
Chairman of the Sleepy Hollow Manor Taxpayers Association, stating
that based on the by-laws of the Association and the covenants of
the property deed, the Association has no objection to the request.

�-2Chairman Friere asked if there was anyone present who would
like to comment on the request for a variance.
•

Mr. Moran stated that he hoped the information he had given
was complete and hoped for a favorable decision.
Mr. Morah also submitted an affidavit certifying that property
owners within a 200 ft. radius were notified of this request for a
variance.
No other comments, Mr. Esteban moved, seconded by Mr. Margotta
that the hearing be closed.
Carried.
Counsel read notice of hearing to consider the request of
Eusebio and Carmen Gonzalez, 16 Andrews Lane, for relief on appeal
from a decision of the Building Inspector in denying a permit on
applicants' proposal to install an additional apartment on the
first floor, thereby adding a fourth apartment unit in the existing
building on property known on the Tax Assessment map as Section 15,
Block 10, Lot 6A.
Chairman Friere stated that Mr. Esteban was disqualifying himself
on this variance.
Chairman Friere asked if there was anyone present who would like
to address the Board on this request.
Mr. Anthony Martone, 18; Andrews Lane, stated that he was inquiring
for some of the neighbors if the apartment would be used for business
purposes.
Chairman Friere stated that it cannot be used for business on
that street.
Mr, Martone stated that he hadMio,objection tc the variance,
however, they do not want any business.
'-.^-'.-&gt; ,\ ~. :-

Counsel Chessari stated that the application is for the addition
of one apartment and there will be no business there. The zoning
ordinance does not permit a business on that lot, he said.
Mr. Connelly inquired of Mr. Martone as to why he brought the
inuendo before the Board that it would be used for business.
Mr. Martone stated that the neighbors just wanted to find out
if it would be used for business.
Mr. Gonzalez presented a lease signed by Mrs. Julia Slagle that
two parking spaces would be available to Mr, Gonzalez in her back
yard and also gives Mr. Gonzalez the option of renting two additional
spaces in the event he needs them for his tenants•
When asked by Mr. Margotta if this was at one time a four family
house, he answered "Yes".
*

Mr. Martone inquired-if Mrs. Slagle should sell her property
after the termination of the five year lease, what would happen.

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*&amp;--&gt;^^&amp;-£^^}&amp;^ik3&amp;i&amp;Sr3&amp;&amp;

�-3-

•

Counsel Chessari stated that the agreement makes the application
acceptable to the Board. It was up to the Board to grant parking onsite or off-site, he said. The variance would still continue on,
said Counsel.
Mr. Louis Tucci, Jr., 8 Francis Street, stated that there does
not seem to be much room for parking in Mrs. Slagle's lot.
Mr. Gonzalez stated that there was a small shed in the corner of
the lot which was taken down which will give an additional parking
space and an old car which was abandoned on the lot will be removed.
Mr. Gonzalez presented receipts to the effect that people within
a 200 ft. radius were notified of his request for a variance.
No other comments, Mr. Margotta moved, seconded by Mr. Connelly
that the hearing be closed.
Carried.
Chairman Friere informed the applicants that they will be
notified of the Board's decision.
Respectfully submitted,

Filomena Fallacaro
Clerk

EXECUTIVE SESSION
The Zoning Board met in executive session to discuss the requests
for variances.
Mr* James Margotta moved, seconded by Mr. Peter Esteban that
Mr. Lewis Martin be granted a variance from the provisions of Section
62-15, subdivision D, paragraph 1 (a) of^the Zoning Ordinance of
two inches in depth for his signs at 17 9 Beekman Avenue on property
known and designated on Tax Assessment map as Section 15, Block 7,
Lot 5A.
Carried.
Mr. Peter Esteban moved, seconded by Mr. James Margotta that a
variance be granted to Mr, S Mrs. Thomas Moran of ,3 Evergreen Way,
from Section 62-8R-2A-5 which requires 15,000 sq. feet building lot
sof that an enclosure may be made of the patio with dimensions of
16 x 32* on their property known on the Tax Assessment map as
Section 11, Block IN, Lot 3.
Carried.

/.-

«

v St^st^^*

J&amp;* w&gt; *^fe^s«^j6^*s^irvs«fi!&gt;', *s _^ ^#ri£^fe^4t^^j^-^te^^^ft^^4^^^*"^

�-4Mr. Thomas Connelly moved, seconded by Mr. James Margptta that
Mr. 8 Mrs. Eusebio Gonzalez be granted a variance from on-site
to off-site parking 4.8 to 4 parking spaces and also to complete a
first floor apartment on their premises at 16 Andrews Lane and
known on the Tax Assessment map as Section 15, Block 10, Lot 6A.
Carried.
Mr. Esteban abstained from voting.

Respectfully submitted,

Filomena Fallacaro
Clerk

: ?&gt;-"-J,-&lt;.%*rs ^-^-Vr^Sr^^s^^i^SCf 6E^%-L"--*;~z^^^^d§-r^&gt;:JMji^,S,'^.iS^i~ i^A^^rsiz-4'-^jiJ^^

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                    <text>I

NORTH TARRYTOWN-, N.Y.
N.Y.
October 17, 197 3
A meeting was held before the Zoning Board of Appeals of the
Village of North Tarrytown, N.Y. on the above date.
Present

James Friere, Chairman
James Margotta
Thomas Connelly
Leonard Losier,,Bldg. Inspector

Absent

John Arcate
Peter Esteban
Sante J. Chessari, Counsel

Mr. Friere stated that the purpose of the meeting was to make
a decision on Daniel Matarasso's request for a variance which was
held on July 31, 1973.
Following a discussion, James Margotta moved, seconded by
Thomas Connelly that Mr. Matarasso's request 'fpr. a variance to
extend and rebuild an existing porch with an enclosed bottom and
an allowance of one additional foot from the side yard "requirements
be granted. The maximum width of the porch should be no more than
four feet. (Overall total of three feet from the side yard
requirement of ten feet.)
Carried.
There being no further business to come before the meeting,
James Margotta moved, seconded by Thomas Connelly that the same
be duly adjourned.
Carried.
--'•-.-/-'•&gt;^&lt;&gt;•-^:-^~t

Respectfully submitted,
K

Y~b*&gt;u^4_^

Thomas Connelly
Acting Clerk

,'*^^

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                    <text>93
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BOARD :0F;

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Under

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Tarrytown '
Petition' f o r ^Variance
Zoning Ordinance

Cast No, V

19

October 8, 1973
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The undersigned; beihq the owner of nropertv shown as

Section .16, Block 8, Lbt 34 located on the west side o-f. .CQ*~t--'
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.! sndr 'Streeji between' Cedar Street and .Clinton/ SWeet -Hereby^VvSvY.'-rV
aiVPs nOti.ce of: appeal fxoir. the decision orHthe^Bui$drr^f&gt;;AK f'-y.'y-: y^S1/
Inspector, made on the 17th day of September, -197 3., in r e -.
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turbine;_to _is-s ..&lt;= a building permit for a"'b r opo s ed~ addition" ''~:'~'[ -"^% ' '""/'
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of approximately..723 .square feet to be; u^edk/prima.^irly;^^ .arH--:**--.*
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plsvrxGr.: /-i-or ch;e Appellant ' s grandchildren ;':and ( ther. rvla^&amp;'i••-' " &gt;£"""•
children who occupy, the premises on the ground, that the
sa'nVe* wo'-jld be i n violation
*

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f. the provisions of Section 62,
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Subsectidh 25, Paragraph A and Section 62, Subsection 14,
Paragraph's of the Zoning Ordinance of-the Village of Ndrth
Tarrytcwn for the following stated reasons:

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family for living quarters is closely associated with tfev ..
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i t y ; that the non-conforming use or strucftu^ejwasr,existin^V ^^
at the effective date of the Zoni/rig^'brd3fn^li6%5^ni3^i^,is . ^ ;l^ ^
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�25, Paragraph A would not be applicable, and therefore,
the Building Inspector had no right to deny the building
permit ;
(xi) That by reason of the foregoing Appellant
is being denied the reasonable use of his property.
(b)

That by reason of the aforesaid unusual and pecu-

liar circumstances and conditions, there are-practical difficulties in the way of carrying--;out the strict letter of
the provisions of Section 62 , ^Siibsect ion - 25 ,. Paragraph A
and Section 62, Subsection 14,..Paragraph E of the Zoning

1

Ordinance and same would resultrin",unnecessary hardship

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the extent that strict" application'-'of said'provisions

wouId deprive Appellant of the reasonable Use of said'property, which practical difficulties^are an"unnecessary hardship would be, as follows:

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(i) There already exists J a non-conforming^use .as
referred to by the building inspector in"his denial'of
the building permit insofar as 7.2-parking spaces are required for the six (6) families occupying,the building;
(ii) Appellant does not own sufficient 5 property
to cause such non-conforming use to conform; . : . ? , -

�(iii) Because of the physical structure existing on
the property it would be impossible at this date to provide
the parking required by the Zoning Ordinance;
(iv) The proposed addition will not in any manner
further extend the non-conforming use as to parking;
(v) Without the proposed variance Appellant cannot improve his property for the benefit of himself and his
family, including grandchildren, nieces and nephews.

3.

Because of the aforesaid alleged facts, Appellant pe-

titions the Board of Appeals, in acting on this appeal, to
vary the strict application of the aforesaid provisions of
the Zoning Ordinance to said property to the following specific extent; to permit the construction of an addition to
the building of approximately 723 square feet without complying with the parking requirements of 1.2 spaces for each
family or 7.2 spaces in the aggregate.
Alternatively, Appellant petitions the Board of Appeals
to hold that because the cost of the proposed addition will
not exceed 2 5 % of the assessed value of the building the
Building Inspector had no authority in denying Appellant's
application for a building permit.

�Attached hereto are:
A.

Application to Building Inspector for Building
Permit.

B.
4.

Preliminary plans and lot layout.

Appellant further alleges that such variance would be

in harmony with the general intent and purpose of the Zoning Ordinance and would not be injurious and detrimental
to property or persons in the neighborhood, for the following reasons:
(i) The non-conforming use already exists and will
not be extended by the proposed*addition;
(ii) The approval of the requested variance will
tend to promote the health, safety, morals and general welfare of the community by providing the children with an
area in which to play and in encouraging the improvement
of property for such purpose; .
(iii) It would not increase congestion in the streets
or be inconsistent with any of the other provisions of the
Zoning Ordinance.
(Signed) /s/ P/,//,^
IA// /)VcDr,J
William Williams, Owner
Mailing
Address:Robert L. Tuchman, Esq.
Messrs Grossbach Steinberg
Tuchman Wendy &amp; Zabusky
150 White Plains Road
Tarrytown, New York 10591

�»

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I hereby certify that this Notice of Appeal was received
by me by ma i1.
on the

-^rt***"*"

day of October, 1973.

�PREVIOUS
DOCUMENTS
IN POOR
ORIGINAL
CONDITION
•-•• •- - — ' - - - - &gt; ~ - ^ - ^ ' ' ^ « ^ - - - * - ^ ^ w * ^

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•

September 18, 1973

Mayor and the Board of Trustees
North Tarry town. New York
Dear Sirs and Madam:
The toning Ordinance of our Village states in article 62,
C as one of its purposes the protection against hazards. In
fulfillment of the intent of this purpose, the Zoning Board of
Appeals directs your attention to a hazardous situation; that is
the intersections of the east-west streets of Philipse Manor and
Broadway* (route 9).
familiar with the dangerous nature of these intersections both through our own experience and the record of
accidents which have occurred. We are aware of the fact that a
professional master plan study in the early I960'* recommended
closing the intersections from Devrles Avenue to Farrington
Avenue- T»« know that this matter requires study to determine the
impact of such a change on the adjacent property owners, the
traveling public and traffic patterns in the area. We have there*
fore resolved, by unanimous vote at a regular meeting on September
17, 1973 the following:

p

"It is resolved that the Village Board be directed to consider
the closing of the access to Broadway, (route 9), for those
east-west streets in Fhilipse Manor starting with Devries
Avenue and all other such intersections north to and including
Farrington Avenue and further that the Village Board make such
arrangements as necessary to have this recommendation Included
in the Topics Program for vehicular traffic study."

�-2-

We are of the opinion that this is a serious natter and we
urge you to consider it promptly. If you wish to discuss the
matter or if we can be useful in arriving at a course of action
please let us know.
Tours truly,

Chairman of Zoning Board of Appeals

•

S V i i l s i - l U A - K5i

r-_. - ^ * » v J 4 / i ' i C t s f e ? * ; i £ * ^

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                    <text>NORTH TARRYTOWN, N. Y.
September 17, 197 3

o\l^

Two 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
James Margotta
Peter Esteban
Thomas Connelly
John Arcate
Sante J. Chessari, Counsel
Leonard Losier, Building Inspector

Chairman Friere called the meeting to order at 8:00 P.M.
Chairman Friere read the first notice of hearing to consider
the request of Joseph Carlisto, President of Frank Chevrolet for
relief on appeal from a decision of the Building Inspector in denying
a permit on applicant's proposal to erect and install one free
standing ground sign 36 ft, high containing an area of 137 square feet,
said sign to be set back ten feet from the front property line, and
a projecting wall sign 16 feet as per plot plan and for variances from
the provisions of Section 62-15, subsection E-2a and 2b (projecting
wall sign) and Section 62-15, subsection E-2a and 2c and Section 62-8Bsubsection C-2, paragraph 8 (ground sign). The property is located on
the easterly side of Valley Street and known on the Tax Assessment map
as Section 16, Block 17, Lot 31 and also known as and by the street
number 90-96 Valley Street.
Chairman Friere asked if there was anyone present who would like
to address the Board on the proposed variance,
Mr. Armando Galella, General Manager, stated that several weeks'
ago, his Company applied for a variance which was denied and he is now
re-applying for a variance for a smaller sign.
When asked how many Square feet the sign will be, Mr. Galella
answered 137 sq. feet,
Mr. Margotta asked Mr. Galella if the sign would have moving
parts and he answered in the negative. The sign would be a standard
size Chevrolet sign, said Mr. Galella.
There being no other comments, John Arcate moved, seconded by
James Margotta that the hearing be closed.
Carried.
Mr. Friere informed Mr. Galella that his company would be
notified of the Board's decision.

�-2Counsel Chessari read the notice of hearing to consider the
request of Dr. Joseph DiBianco for relief on appeal from a decision of
the Building Inspector in denying a permit on applicant's proposal
to erect a one room addition over the garage at the rear of applicant's
premises, and for a variance of 10,76 feet from the.provisions of
section 62-8B-RT2-7 of the Zoning Ordinance requirement that there be
twenty-fivemfeet rear yard clearance on property known on the Tax
Assessment/as Section 14, Block 14, Lot IB and also by the street
number 508 Munroe Avenue.
Chairman Friere asked if there was anyone present who would like
to address the Board on the proposed variance.
Mr. William Onderdonk, 157 Millard Avenue, read a statement
opposing thevvariance. He stated that the erection of an addition
would be unsightly. The proposed addition will impair the esthetic
qualities of a house among the choicest in the community, said Mr.
Onderdonk.
Mr. Mace Alter, 162 Kelbourne Avenue, stated that he felt
that the building would be an encroachment on his privacy. He stated
that since the permit has already been denied, it should justly stay.
He also stated that the addition would be an eyesore contrary to the
area.
Mr. Ronald Kase, 174 Millard Avenue, stated that he has a clear
view of the proposed construction and has no objection to it. He
stated that he does not think it would effect the neighborhood or
appearance of the street. He had no objection at all.
Mr. George Rappole, 162 Millard Avenue, stated that he has been
assured by Dr. DiBianco that a qualified architect has been engaged
for this construction and believed that it would be in good taste and
would not interfere with his rights even though he has a clear view
of his property.
Mr. Rappole stated
by Dr. DiBianco. He put
Mr. Rappole and the same
simple structure. He is

that the property is excellently maintained
in a great deal of thought and care, said
thought and care would be applied to the
in favor of the variance, said Mr. Rappole.

Mr. Alter stated that Mr. Onderdonk and himself border the same
property line of Dr. DiBianco. The people who have no objection to
the new construction are not as near to the property as they are.
•

.

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'

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Mr. Arnold Wild, Architect for Dr. DiBianco, stated that under the
present zoning, the house could be built exactly as it is now if the
legal address is on Millard Avenue. The back.yard is functionally his
side yard and the side yard is functionally his back yard, said Mr. Wild.
What Dr. DiBianco is asking for is not to add a second story, but for
approximately 3 1 / 2 - 4 feet.
Mr. Arcate inquired as to what type of roof will be installed.
Mr. Wild stated a gable roof, or if the Board wants, a flat roof.

�-3Mr. Wild presented a certified affidavit that notices were
sent to surrounding property owners.
»

Mr. Robert Pollard, 17H Kelbourne Avenue, stated that his own
feeling alone, he would not oppose, however, Mr. Onderdonk's point of
view is the one with the most objection. He stated that he had
envisioned a higher addition, however, the way he sees it now, he
personally does not object to it.
Dr. DiBiahco stated that a lot of though7~was put into this.
He felt that this addition on the garage would be the least conspicuous
construction and woulci serve their needs.
No other comments, Peter Esteban moved, seconded by James
Margotta that the hearing be closed.
Carried„
Mr. Friere stated that the Board'will review the matter and
inform Dr. DiBianco of its decision.
(At this time, the Clerk was excused.)
Respectfully submitted,

^^^^H"

Filomena Fallacaro
Clerk

EXECUTIVE SESSION
Mr, Abe Zuckerman, Advanced Sign Co., made a statement to the
Board. He stated that our sign permits ignore the type of construction
of the sign. Adequate construction requires in excess of six inches in
depth—ordinance limits distance from wa11 to six inches. Appeals that
we change our law to allow eight inches in depth.
Case in point is a proposed sign for the new owners of Louis
Martin Cafe at Beekman and Barnhart,
Board advised Mr. Zuckerman to have his customer file for an
appeal hearing.
Thomas Connelly moved, seconded by James Margotta that Dr.
Joseph DiBianco's request to erect a one room addition over the garage
and for a variance of 10.76 feet from the provisions of section 62-8BR-2-7 on property known.on'the Tax Assessment/aspSection 1H; Block 14,
Lot IB and also by the street number 508 Muhroe Avenue be granted.
Carried.
Yea - 5, no - 0

_ --€.«!«&amp;

�With regard to the request for a variance from Joseph Carlisto,
President of Frank Chevrolet, John Arcate moved, seconded by Thomas
Connelly that he be granted a variance to erect and install one fpee
standing ground sign 36 ft. high containing an area of 137 square feet,
said sign to be set back ten feet from the front property line, and a
projecting wall sign 16 feet as per plot plan and for variances from
the provisions of Section 62-15, subsection E-2a and 2b (projecting
wall sign) and Section 62-15, subsection E-2a and 2c and Section 62-8Bsubsection C-2, paragraph 8 (ground sign) on property known on the
Tax Assessment map as Section 16, Block 17, Lot 31 and by the street
number 90-96 Valley Street.
Yea - 5, no - 0,
Informal discussion and concurrence of all members to authorize
the Chairman to sign the proposed draft letter on Philipse Manor street
closing. (Letter in detail official minutes).
The Village Clerk will be asked to type this letter on official
stationery, obtain the Chairman's signature and send copies to the
Mayor, all Trustees and all members of the Zoning Board of Appeals.

Respectfully submitted,

: John 'Arcate i
Acting Clerk

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                    <text>NORTH TARRYTOWN, N.Y.
August 21, 1973
A Zoning 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
Peter Esteban
Thomas Connelly
John Arcate
James Margotta
Sante Chessari, Counsel

Absent

Leonard Losier, Bldg. Inspector

Chairman Friere called the hearing,to order at 8 P.M, and
read the notice of hearing to consider the request of George H.
Kahn, dba Broadway Realty Co. for relief on appeal from a decision
of the Building Inspector in denying a permit:on applicant's proposal
to replace existing Rambler sign*, with*'a new and smaller American
Motors sign and for a variance from the provisions of Section 62-15,
subsection E-2a of the Section 17, Block 20, Lot 25 at 300 North
Broadway.
"
Mr. Friere asked if there was anyone present who would like to
address the Boardon the proposed variance.
*

-

•-

-

.

Mrs. Mary Ward asked for an explanation of the size of the
new sign.
Mr, Esteban stated that Mr. Kahn wants to reduce it by one-half
the size.
Mr. Kahn gave the dimensions of the sign as two feet high, 1315
and 1/4 inches. It will replace the old sign which was 67 sq. ft.
with a new sign of 27 sq.. ft * , he said.
Mr. Kahn stated that the sign will be modern and better looking.
On a question of Mrs. Lazarus as to why the Building Inspector
rejected the sign, Counsel stated that according to the Zoning
Ordinance it exceeded the 100 sq. ft.
No further comments, Mr. Arcate moved, seconded.by Mr. Margotta
that the hearing be closed. Carried.
Mr, Friere informed Mr. Kahn that he will be notified of the
Board's decision by mail.

�-2EXECUTIVE SESSION
After a discussion of Mr. Kahn's request for a variance,
Mr. Esteban moved, seconded by Mr. Margotta that he be,granted a
variance from Section 62-15, subsection;E2a of the Zoning Ordinance
to replace the.existing Rambler sign with a new and smaller American
Motors sign, not to exceed more than 156 sq. ft. on premises known
and designated on Village Assessment map as Section 17, Block 20,
Lot 25, 300 North Broadway, North Tarrytown, N.Y.
Carried.
A short discussion was held regarding the former real estate
office at Kelbourne Avenue,
Counsel stated that he has been investigating in detail the
procedure the Village will take to demolish the building.
There being no further business to come before the meeting,
Mr. Esteban moved, seconded by Mr. Margotta that the same be duly
adjourned.
Carried.

Respectfully submitted,
iU6o&lt;-4L

Fi.lomena Fallacaro
Clerk

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                    <text>NORTH TARRYTOWN, NEW YORK
July 31, 1973

9jY

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
John Arcate
James Margotta
Peter Esteban
Sante J. Chessari, Counsel
Leonard Losier, Building Inspector

Absent

Thomas Connelly

Chairman Friere called the hearings to order at 8:00 P.M.
Clerk Fallacaro read the first notice of hearing to consider
the request of Frank Chevrolet for relief on appeal from a decision
of the Building Inspector in denying a permit on applicant's proposal
to erect and install a free standing ground sign to be set back ten ft.
from the front property line and a projecting wall sign sixteen feet
and for a ground sign known and designated on the Village tax map as
Section 16, Block 17, Lot 31.
Chairman Friere asked Mr. Frontero, Counsel for Frank Chevrolet,
how many square feet of sign he has at present, and was answered
approximately 70 *sq. ft., plus 15 sq. ft. for the used car sign. He
stated that the signs presently on the premises will be removed if
the request is granted. The new signs being requested"are to
conform to General Motors pattern" identification, said Mr. Frontero.
He also stated that neither sign will project in any way over the
public way.
Mr. Margotta inquired how many additional square feet of sign
is being requested*.
Mr. Frontero answered 100 sq. feet.' v W ~ / t ^ ^ / ^ ^ i - / ^ ^ * w - ^ ^ " ^ c /
In answer to Mr. Margotta's question as to how many square feet "^"'
of sign is allowed, he was answered 100 sq. ft.
Mr. Galella stated that the adjoining property owner,;Mrs.
Victoria DiVico has no objection. The lights will not be bright or
disturb her, he said.
Mr. Frontero added that there will be no flashing or moving
devices.
An affidavit was submitted containing signatures of surrounding
property owners•
No further comments, Mr. Margotta moved, seconded by Mr. Esteban
that the hearing be closed. Carried.
Mr. Friere stated that the applicant will be notified in writing
the Board's decision.

�Clerk Fallacaro read the notice of hearing to consider the
request of Daniel Matarasso for relief on appeal from a decision of
the building inspector in denying a permit on applicant's proposal
to"extend and rebuild existing porch and for a variance of 6 ft.
from the provisions of Section 62-8B-R-2A-7 of the Zoning Ordinance
requirement that there be 15 feet total side yard clearance on
property known on the tax assessment map as Section 11, Block 10,
Lot 16A.
Mr. Losier stated that the existing porch is non-conforming under
the present code as it stands. To enlarge it, they would need an
additional three feet, he said. The plot plan we are looking at
this evening is not accurate.
Mr, A. Nicolai, owner of the adjacent property to Mr. Matarasso,
read a statement whereby he opposed the requested variance of six feet.
He stated in his statement that he would be willing to let him install
a side porch, four feet wide.
Mr. Matarasso stated that the porch is"rotting and in danger of
collapse. He stated that he had originally planned on a seven ft.
wide porch and was wondering if he could compromise for an additional
foot; however, Mr. Nicolai stated that -. four ;ft. is enough for an
entrance.
Mr. Friere asked Mr. Matarasso to submit a detailed map of the
property outlining the proposed porch in question.
Mr. Arcate stated that it has been a practice to obtain a letter
from the Sleepy Hollow Manor Taxpayers Association that it has
knowledge of this application.
No further comments, Mr. Esteban moved, seconded by Mr. Margotta
that the hearing be closed. Carried.
Clerk Fallacaro read the notice of hearing to consider"the
request of Felix Corona for relief on appeal from a decision of the
building inspector in denying a permit on applicant's proposal to
erect a front porch and for a variance permitting fifteen feet front
yard clearance, instead of twenty feet front yard clearance and
permitting a variance eliminating minimum five feet one side clearance
as required by Section 62-8B-R5, paragraphs 5 8 7 on property known
and designated on the tax assessement map as Section 16, Block 9, Lot 7.
When questioned about his affidavit of signatures, Mr. Corona
stated that his attorney was in receipt of it.
Mr. Friere instructed Mr. Corona to submit this affidavit to
the Clerk as soon as possible.
Mr. Antonio Carrozzi, owner of 124 Depeyster. St., stated that
he opposed the variance because he alleges that the.porch will be
an encroachment of six inches on his property and that it would
block out the light to his basement window.

�Mr, Margotta stated that we could not grant a variance which
would allow an encroachment on his property.
No other comments, Mr. Arcate moved, seconded by Mr. Esteban
that the hearing be closed. Carried.
Mr. Friere stated that the applicant will be notified of the
Board's decision by mail.
Clerk Fallacaro read the notice of hearing to consider the
request of Augustin Triono for relief on appeal from a decision of
the building inspector in denying a permit to install a third
aparatment in the basement of the existing building on property
known as Section 15, Block 10, Lot 13 and for a variance from the
provisions of Section 62-8B, subsections R-4, paragraphs 7 8 9
requirements on grounds that it is non-conforming as to front and
west side yard clearances and on on-site parking area.
Mr. Friere asked if there was anyone present who would like to
address the Board on this request for a variance.
Mr. Ralph Bettman, appearing in behalf of Mr. Triono, stated
that the property is zoned to permit three family residence and
the property, at one time, was used as a three family residence.
The use should not be in question. He stated that there is a use
variance and area variance. This is not a use variance, therefore,
use should not be in question. A three family use .was permitted.
He stated that the west side setback is non-conforming. The front
setback appears to be average permitting use of fifteen feet, which
he has. He is not decreasing the non-conformity.
Mr. Bettman stated that the zoning ordinance is not being
violated as to use or area. Non-conforming use or building may not
be structurally altered during its life, unless such building is
changed to a conforming use. Variance in effect is not necessary,
said Mr. Bettman.
Mr. Bettman submitted an affidavit containing signatures of
surrounding property owners.
Mr. Friere questioned Mr, Bettman about the parking of cars
and Mr. Bettman stated that he will put in parking units.
Mr. Margotta stated that the cars will have to be a certain
distance from the house.
Mr, Bettman stated that he can put in three parking units,
however, he would need a variance of .6.
No further comments, Mr, Esteban moved, seconded by Mr. Margotta
that the hearing be closed. Carried,
Mr. Friere stated that the applicant will be notified of the
Boardfs decision by mail.

�-HEXECUTIVE SESSION
The Board discussed the requested variances in detail and
noted the following decisions:
Mr. Arcate moved, seconded by Mr. Margotta that Frank Chevrolet's
request for a variance from the Zoning Ordinance be denied on the
basis of excessive area of the signs. Carried.
Mr. Margotta moved, seconded by Mr. Esteban that Mr. Corona's
request for a variance permitting him to erect an open front porch
and to vary from the five ft. side yard requirement and front yard
requirement be granted. Carried.
Mr. Esteban moved, seconded by Mr, Margotta that Mr. A. Triono
be granted a variance from the provisions of the Zoning Ordinance
to vary from the required 3.6 on site parking area to 3.0 and that
he also be required to blacktop the turn-around and parking area.
Carried.
Mr. Matarasso's request was held in abeyance until such time
as he submit's a1 detailed plan, a letter.from the Sleepy Hollow
Manor Taxpayers Association and an:affidavit certifying that the
surrounding property owners were notified of his request for a
variance.
With regard to the recent hearing held on June 14, 1973 on-a
request from C.A. Valieris, Inc. for a variance from the provisions
of Section 62-8B-R-5 on:Section 16^ Block 8, Lot 10 for off-site
parking and after discussion,% Mr. Arcate moved, seconded by Mr,
Margotta, that the C.A. Valieris, Inc. be -gcanted a variance from
the provisions of Section 62-8B-R-5 for off-site parking upon
satisfaction from the owner, not before, that a deed restriction
has been duly filed in the County Clerk's Office which will provide
that the two lots cannot be sold separately so long as the building
continues as a multiple family use.
Carried.
(Mr. Cavalieri owns the adjacent lot also.)
No further business, Mr. Esteban moved, seconded by Mr. Margotta
that the same be duly adjourned.
Carried.
Respectfully submitted,

Filomena Fallacarb
Clerk

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                    <text>NORTH TARRYTOWN, N.Y.
June'14, 1973
Two zoning hearings were held before the Zoning Board of
Appeals of the Village of North Tarry town, N.Y. on the above date.
Present

James Friere, Chairman
Thomas Connelly
James Margotta
Peter Esteban
John Arcate
Sante J. Chessari, Counsel

Chairman Friere called the hearings to order at 8:00 P.M.
Counsel Chessari read the notice of hearing to consider the
request of Marjorie Branciforte, 39 Elm Street, North Tarrytown, N.Y.
to erect a front porch within nine feet, instead of the required
ten feet for side yards.
Mr. Friere asked if there was anyone present who would like
to address the Board on the proposed variance.
No one appearing for or against the variance, Mr. Peter
Esteban moved,
seconded by Mr. James Margotta that Marjorie
1
Branciforte s request for a variance from the side yard1requirements
be approved on property known as Section 15, Block 6, Lot 6. Variance
granted is for two feet on one side and seven feet on the other. Carried.
Counsel Chessari read notice of hearing to consider a request
of C. A. Valieris, Inc. for permission to install a third floor'
apartment, as well as a variance fromthe lot.area, setback and
side yard clearance and parking requirements on Section 16, Block 8,
Lot 10 and 11.
Mr. Margotta stated that he doubts if Mr. Cavalieri can do
anything with the lot. He will not be able to sell it separately.
Mr. Cavalieri stated that he would sell both properties.
Mr. Friere stated that the property has to be self-contained
for parking. Variances have been turned down before, said Mr. Friere,
because a parking lot has to belong to the house.
Following a discussion, Mr. Friere stated that the Board will
have to study the'matter further a"nri he will be notified of the results.
Mr. Esteban moved, seconded by Mr. Margottaj'that the meeting
be adjourned.
Carried.
Respectfully submitted,

Filoinena Fallacaro
Clerk

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North Tarrytown, N. Y.
April 17, 1973
A hearing was held before the Zoning Board of Appeals of the Village
of North Tarrytown, New York, on the above date.
Present:

James Friere, Chairman
James Margotta
Peter Esteban
Sante J. Chessari, Counsel
Leonard Losier, Building Inspector

Absent:

John Arcate
David Page

Present:

Mr. and Mrs. George Gallinger

Chairman Friere called the hearing to order at 8 p.m.
Counsel Chessari read the notice of hearing to consider the request
of George Gallinger, 12 Maple Street, North Tarrytown, for relief
on appeal from a decision of the Building Inspector in denying a
permit on applicants' proposal to construct a one-family dwelling,
and for variance from the provisions of Section 62-8 (B) of the
Zoning Ordinance requirement that there be fifteen (15) feet side
yard clearance. The property is located at 71 Sleepy Hollow Road,
and is known as Section 17, Block 6, Lot 12 of the Tax Assessment
Map of the Village of North Tarrytown.
Mrs. Anne Petry, owner of one of the adjacent lots stated that she and
her husband object to the variance. She inquired as to why have a
zoning ordinance if you do not adhere to it. The neighborhood will
be too crowded, said Mrs. Petry. Land is becoming more and more
scarce, she said.
Mr. Margotta stated that basically the structure is located all right;
the question is the overhang of the roof.
The Building Inspector stated that he will ask for an interpretation
of the ordinance after the hearing, which says that any part ot the
building should be fifteen feet for both side yard. Several questions
have arisen whereby people have extended the side yard with an overhang
of eighteen inches. An exception is made for the front yard and there
is no exception for the side yard, said Mr. Losier.

�-2-

April 17, 1973

Mr. Gallinger stated that to reduce the overhang would damage the
appearance of the house. His house is one-story low ranch.
Mr* Margotta inquired if the architect drew the plans from our code
and he was told by Mr. Gallinger that it was assumed under the
Town of Mount Pleasant Code until they realized the error.
Mr. Peter Dunicah, 75 Sleepy Hollow Road, stated that he owns the
property adjacent to Mr. Gallinger and had just planted shrubbery
and hoped that equipment would not damage his shrubbery.
There being no further comments to come before the hearing,
Chairman Friere advised Mr. Gallinger that the matter will be
studied further and he will be notified of the board's decision.
Mr. Esteban moved, seconded by Mr. Margotta, that the hearing
be adjourned. Carried.
Respectfully submitted,

Filomena Fallacaro
Clerk

The Building Inspector asked for an interpretation of the side yard
requirement.
After discussion, it was concluded that by definition of yards, an
unoccupied space open to the sky, on the same lot with a building
or structure so that a side yard would be measured from the outside
dimensions of a structure to include eaves or cornices would be used
in determining side yard requirements.
On a discussion of the request of Mr. George Gallinger, James Margotta
moved, seconded by Peter Esteban, that his application for a
variance from the provisions of Section 62-8 (B) of the Zoning
Ordinance of the Village of North Tarrytown be denied, onntbe;basis
that the overhang is nonconforming to the Village Zoning rules that
there be a 15 foot side yard clearance.

Peter Esteban
Acting Clerk

�!

19 April 1973

Mr. George Gallinger
12 Maple St.
No. Tarrytown, N.Y.
Dear Mr. Gallinger:
After a public hearing held on April 17, 1973, and after
due deliberation and discussion, your application for a variance
from the provisions of Section 62-8 (B) of the Zoning Ordinance
of the Village of North Tarrytown was denied on property known
and designated on Village Assessment Map as Section 17, Block 6,
Lot 12 on the basis that the overhang is non-confoming to the
Village Zoning rules that there be a 15 ft. side yard clearance.
Sincerely,

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North Tarrytown, New York
April 10, 1973

*

A special hearing was held before the Zoning Board of Appeals of the
Village of North Tarrytown, New York on the above date.
Present:

James Friere, Chairman
Peter Esteban
James Margotta
John Arcate
Leonard Losier, Bldg. Inspector

Applicant:

Maryann Gasko

Absent:

David Page

Chairman Friere called the hearing to order at 8 p.m.
Counsel Chessari read the notice of hearing, after which Chairman Friere
asked if there was anyone present who would like to comment on the
hearing.
•
•
*

Mr. Arthur Freed, Traffic Engineer Department of Public Works, stated
that a permit was issued by the County to Mr. Gasko subject to the
following conditions:
1. Turn-around on property;
2. Grading to property line;
3. Continuation of road profile from edge of pavement to
the property line;
4. Width not to exceed 20r - 0";
5. Start of driveway not to be less than 51 0" from transverse
property line.
Mr. Freed stated that he has not received anything from the applicant.
Mr. Peter Eschweiler, Commissioner, Department of Planningj produced
photos of other homes in Thornwood;whose situation is the same as Gasko's.
In an inspection of the property, said Mr. Eschweiler, there was nothing
in the physical nature of this insight which would have prevented him
to install a turn-around.

I

*

'

Mr. Robert Segelbaum, attorney for the applicant, stated that there were
no other driveways on this section of the County road with turn-arounds
on their property. He stated that his clients advised him that there

�-2-

April 10, 1973'

has been a representative from the Department inspecting the work and
they have not heard anything from the Department that they have not
been complying. The requirement would be an undue necessary requirement
on his client, said Mr. Segelbaum. He stated that his client cannot
comply w'i'th this requirement because of the topography and rock on the
property which necessitated the location of the house where it was
built.
Mr. Eschweiler stated that there is a feasible way of developing the
turn-around without an amount of disturbance to the property. It is
still feasible to comply with the requirement.
Mr. Gasko stated that if his funds were unlimited as is the County's
then he would be able to do it. He has complied with most of the
conditions, he said. He stated that the gravel on the driveway was
placed there to keep the mud down. The turn-around has caused this
delay, he said. Mr. Gasko stated that the County inspector was there
at least once, a week and is well aware of what was done on the property.
Mr. Margotta inquired of Mr. Freed as to how does he account for other
houses on the road with no turn-around, and was answered that the law
went into effect in 1958 but was enforced in 1962 or 1963.
On a question by John Arcate if a turn-around was in existence, as to
whether or not it would be a traffic violation to back out, he was
answered yes by Mr. Freed.
Mr. Segelbaum stated that he hoped the board would modify the requirement.
Mr. Freed stated that if this is so, we would have to transfer the
County's problem to the Village if this is the feeling of this board.
Following a discussion, John Arcate moved, seconded by James Margotta
that since it would be no undue hardship, we reserve decision at this
time.
At this time, a Mr. Seligsohn, attorney for Mr. and Mrs. Walter Ashley,
asked for permission to speak to the zoning board. He stated that he
understands that surrounding neighbors'had made an appeal to the
zoning board for a hearing from the issuance of a building permit to his
clients. ,
Mr. Seligsohn stated that he is requesting dismissal of the appeal on
the grounds that the appeal is untimely as;a matter of law and may not
be entertained. He stated that the building permit was;issued by the
Building Inspector on November 28, 1972 and notice of appeal was filed
April 4, 1973, more than four months after the issuance of the building
permit.

�-3-

April 10, 1973

Mr. Seligsohn stated that the appellants knew exactly what was coming
up. The Sleepy Hollow Manor Taxpayers Association approved the plans
on November 15, 1972, he said.
Mr. Seligsohn stated that he had advised Mr. Maroney that he was going
to appear this evening and he had personnaly served a copy on each and
everyone of the appellants of the notice of application. He stated that
once a building permit is issued it has a vested right and cannot be
taken away. It is absolutely beyond challenge, he said. In summarizing,
Mr. Seligsohn stated that there is no merit to this appeal. There is
nothing to support that the Building Inspector made an error. He stated
that the board should dismiss this appeal and advise these people that
it cannot be entertained because it is untimely.
Mr. Friere stated that Mr. Maroney had called him stating that they were
not given enough time and he had agreed over the telephone that the
board could meet some time next week to hear their complaint.
This was only an informal meeting, said Mr. Friere.
Counsel Chessari stated that the appellants were served with a notice that
this would be on the agenda this evening.
Mr. Arcate stated that a phone call would not be a way of getting a
postponement.
Following a discussion, the board recessed.
Mr. Peter Estebanfmoved, ^seconded5by/James Margotta that the appeal
of Mr. &amp; Mrs.; Johri'H. Millar, Mr. &amp; Mrs. Thomas M.Maroney,arid
Mr. &amp; Mrs. Donald Garcia from the issuance^of a building permit at
23 Pokahoe Drive,(North Tarrytown,jN. Y. known and designated on
Village assessment map as Section 11, Block lLyLot 5, be denied
on grounds of insufficient merit and that, because of unreasonable
delay, it is untimely and the Clerk is directed to notify all interested
parties, forthwith. Carried.
There being no further business to come before the meeting, James
Margotta moved, seconded by Peter Esteban that the same be duly
adjourned. Carried.
Respectfully submitted,

Filomena Fallacaro
Clerk

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                    <text>90?
NORTH TARRYTOWN,'N.Y•
April 5, 1973

to

"

A special meeting vzas held before the Zoning Board of Appeals
of the Village of North Tarrytown, N.Y,
Present

James Friere, Chairman
James Margotta
Peter Esteban
John Arcate

Absent

David Page

Mr. Friere stated that the purpose of the meeting vzas to
make a decision on the request of Philipseburg Manor Estates
which is pending from the hearing held on March 13, 1973.
Following a discussion, Peter Esteban moved, seconded by
James Margotta that Philipseburg Manor Estates' request for two
separate purchasers and two separate certificates of occupancy on
a two family house known and designated oh Village map of
North Tarrytown as Section 17, Block 1, Lot 1A3 be denied.
Carried Unanimously.

•

Respectfully submitted,

Peter Esteban
Acting Clerk

•

^:is.-i^^UR*-^?J4^

�6 April 1973

Mr. Joseph LoCurto
Philipseburg Manor Est.
29 Chestnut Ridgeway
Dobb8 Ferry, N.Y.
Dear Mr# LoCurto:
At a special Meeting of the Zoning Board of Appeals held
on April 5, 19739'.-Peter Esteban moved, seconded by James
Margotta that Philipseburg Manor Estates' request for two
separate purchasers and two separate certificates of occupancy
on a two family house known and designated on Village map of
North Tarrytown as Section 17, Block 1, Lot 1A3 be denied.
Carried Unanimously*
Sincerely,

Filomena Fallacaro
Clerk

�DECISION ON
APPLICATION OF

• • -

PHILIPSBURG MANOR ESTATES, INC.

Applicant has requested an interpretation of the Zoning Ordinance
from the Zoning Board of Appeals as to whether a two-family house
in a two-family zone can be sold'to two separate purchasers with
two separate Certificates of Occupany being issued by the Village.
In his Memorandum of Law in support of the application, which
was submitted to this Board at the hearing, applicant requested
the following:
1.

Permission to build two one-family houses with
common wall, instead of one two-family house.

2.

Waiving 4,000 square foot requirement for each
lot on which these two one-family houses will
be built.

3.

Waiving three (3) foot side-yard requirement
where common wall will be built.

4.

Interpretation as to whether or not a two-family
house in a two-family zone can be sold as two
separate families (sic).

At the hearing a qualified real estate broker and appraiser
stated that the house presently allowed to be built would have to
sell for $85,000.00, ostensibly in order to provide the necessary
profit for the builder.

He stated that in order to do this and

obtain a one-third mortgage, a prospective purchaser would have
to put down $25,000 to $28,000 in cash and obtain a $57,000 to
$60,000 mortgage.

The income of such a purchaser would have to

be approximately $22,000 per year and that these financial requirements would be extremely J\a,rd to meet, the result of which
would be to cause the applicant an economic hardship.

Alternative

�ly, two one-family, houses would each sell for about $42,500.00, with
the obvious effect of changing the above stated figures and
reducing them by one-half.

For all of the reasons which will

be stated herein, although applicant has proposed a novel use
for his property, the application for a variance is denied.
Regarding variances, the zoning ordinance §62-40 (c) Variances
states that when."extreme narrowness, shallowness or shape of a
specific lot,, or by reason of exceptional topographic conditions
or other extraordinary and exceptional situation or condition
pertaining to such.lot", where strict application of zoning law
would cause "peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon," the owner, the Zoning
Board of Appeals may grant a variance.

(See also "Required find-

ings for Variance", p. 6259 Code of North Tarrytown) Applicant's
situation has nothing to do with the land itself, but rather with
the market value of the house which he set out to build.

The

statute does not deal with variances for relief of the pressures
of the housing market.
Fulling v. Palumbo, 21 N.Y. 2d 30 (1967), does not apply to the
present fact situtation.

Fueling involved a lot area problem,

the ordinance being changed to require larger square footage in
a valid building lot absent a showing by the government that to
build on the lot would adversely affect the public health, safety
and welfare of the community, and if no such showing is made, the
owner v/ould be entitled to relief from the zoning law upon showing
he would "suffer a severe . financial loss by the operation of the
statute" (at P. 35)

Almost all the cases citing Fulling concern

the size of lots and their use by the owners.

Here the builder has

�already been granted an area variance by the Village to build a '
conforming use, and the foundation has been constructed,

Nov;

applicant seeks relief so that he can better dispose of his property
after he has finished construction.

It is not the purpose of zoning

and the ZBA granting a variance to insure applicant a market for his
house by allowing him to create two lots which will be below the
minimum square footage allowed in the R-4 district and to create a
non-row, non-two family, non-single family dwelling in an area not
zoned for such structure.
Concerning the request for an interpretation of the ordinance,
this is not a contemplated use which the applicant seeks to
erect. The zoning regulations define, in §62-4 (P.6209), an attached
dwelling or row house.

These dwellings are defined as "A dwelling,

the walls on two (2) sides of which are in common with the walls
of adjoining dwellings and are party or lotline walls."

These are

not allowed in the R4 districts. Technically, the structure which
applicant wishes to build is not a row house as defined because
only one side of one dwelling is attached to the wall of one adjoining
dwelling.
The Zoning Board of Appeals does not have the power to grant a
variance in the present case. -Applicant here has received one area
variance on the front and rear yards already.
a conforming use on a conforming lot.

He started to build

Now he seeks a use and another

area variance to build a nonconforming use on substandard lots,
which use and" lots* he wants to'create' out of an already, conforming
use and lot. Technically^ a nonconforming use or lot is one which
does not meet present zon^n? staMatfds-, £&gt;ut which was valid under

�prior zoning ordinances.

The nonconformance arises by the legislative

alteration of the zoning ordinances.

(§62-4, P. 6212)

Under

§62-40 and in light of the demands of applicant, and upon reading
*

*

Anderson on Zoning §18.14, §18.15, §18.21, it would not be in
the ZBA's power to"grant a use variance. An act of the Village Board
would be more proper and lawful.
For all of the above stated reasons the application for a
variance is denied, and it is the interpretation of this board
that the building which applicant proposes to build is a row
house, which cannot be built in a two family zone.
James Friere, Chairman
James Margotta
Peter Esteban
John Arcate
\
!•

Dated:

North Tarrytown, New York
this ^ 6 * day of April, 1973

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                    <text>NORTH TARRYTOWN, N.Y.
March 13, 1973

&lt;?7
°

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
Peter Esteban
James Margotta
Morton Linzer
Stephen Bass, Counsel
Leonard Losier, Bldg. Insp.

Absent

David Page

Chairman Friere called the hearing to order at 8:00 P.M. and
read the notice of hearing on the request of Maryann Gasko for
relief on appeal from a decision of the Building Inspector and the
V/estchester County Department of Public V/orks imposing as a special
condition for property having frontage on a County road the requirement
that there be a driveway turn-around, and for a removal of this special
condition pursuant to General Municipal Lav;, Section 239K on property
known and designated on Village map as Section 17, Block 6, Lot 2.
Mr, John Gasko stated that he had begun construction on his
house when he had learned of this stipulation. He stated that no
other home on the street has this turn-around. This turn-around would
take up all his front yard, said Mr. Gasko,
Mr, Gasko stated that he had applied for relief from the County
and was told that they do not have the authority; that it was up to
the local Zoning Board to give this relief, which he is requesting now.
Counsel Bass explained Section
Law and also read a letter from the
March 15, 1972. He stated that the
if it wishes, to remove the special

239K of the General Municipal
Dept. of Public V/orks dated
Zoning Board has the authority,
condition.

Following a short discussion, Mr. Friere informed Mr. Gasko that
a decision will be made within a day or two and he would be notified
of the results.
Mr. Friere read the notice of hearing to5consider the request of
Philipseburgh Manor Estates for an interpretation of the Zoning Ordinance
as to whether a two family house in a two family zone can be sold to
two separate purchasers with two separate ^certificates of occupancy
being issued on property known and designated on Village map as
Section 17, Block 1, Lot 1A3.

�Mr. Roy Letsin, attorney for Philipseburg Manor Estates submitted
a certified copy of notice served to surrounding property owners
affected by the application of Philipseburg Manor.
Counsel inquired if there would be any change in the construction
of the property.
Mr. Letsin stated that the only change was that the builder has
permission to build a two family house.
He stated that one of the
reasons he is asking for this change is that he would have to sell
the presently authorized two family houses at $85,000, however, two
one family houses would sell for about $42,500.
Mr. Letsin stated that it would be easier to find a buyer for a
one family house than it is for a two family house.
Mr. Letsin stated that this is an economic hardship on the
applicant.
Mr. Edward Malone, 44 Dell Street, stated that the applicant
is not asking for a variance; he is asking for a subdivision. He
stated that he does not have the footage for two separate buildings.
This is not a hardship, he said.
Mr. Arthur Cosgrove, Real Estate Broker and certified appraiser
with offices at 16 3 North Broadway, Yonkers, stated that he is wellacquainted \7ith the propert in North Tarrytown and it was his professional
opinion that in order to sell a two-family duplex dwelling of this
type the price would be $85,000. From experience of this type of
building would be extremely difficult to sell and would be an economic
hardship, said Mr. Cosgrove.
Mr. Cosgrove stated that if the houses were sold separately as a
single one-family duplex dwelling, they would sell for approximately
$42,500. This would considerably widen the selling market.
Counsel Bass stated that it must be shown as.the ordinance
applies to the property if the health, welfare and safety would be
adversely affected by two owners.
Mr. Letsin pointed out that the courts have upheld the decisions
of the local boards where an economic hardship exists,
Mrs. Marcia Arcate inquired if this would apply to all duplex
houses"in the Village and thereby permitting to split these houses.
Mr. James Timmings, 119 Rice Avenue, inquired if we are creating
a new problem for the Village. He asked that with two individual
owners, are we asking for a lot of problems here in the.operation of
the Village with people coming forward with problems that two owners
cannot solve between themselves.

�Mrs. Claudio Roguzin agreed with Mr. Malone and objected to
two separate owners.
Following a discussion, Mr. Friere stated that the" Board'will
meet and discuss the matter in detail with the Attorney and will
notify the applicant of their decision.
Respectfully submitted,

Clerk

EXECUTIVE SESSION
A discussion was held regarding the request of Maryann Gasko
"and following discussion, Peter Esteban moved, seconded by James
Margotta that she be granted a variance eliminating the requirement
for a turn-around as required by the Dept. of Standards, County of
Westchester on her property known arid designated on Village map as
Section 17, Block 6, Lot 2.

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                    <text>North Tarrytown, New York
January 2, 1973

Zoning hearings were held before the Zoning Board of Appeals of the Village of
North Tarrytown on the above date.
Present:

Absent :

James Friere, Chairman
Peter Esteban
James Margotta
Morton Linzer
David Page

Chairman James Friere read the first hearing to consider the request of Valdimir
Manca, 104 Loh Park, Tarrytown, New York for relief on appeal from a decision of
the Building Inspector of the Village of North Tarrytown in refusing to issue a
permit for the repair and extension of an existing open porch and for a variance
from the provisions of Section 62-8 (B) of the Zoning Ordinance requirement that
maximum lot coverage not exceed 35$ of the lot on property known on the Official
Tax Map as Section 17 Block 22 Lots 13 and 14,
Mr. Manca made a presentation in behalf of his request for a variance and presented a petition signed by residents in the area of the property in question.
Following a discussion, Mr. James Margotta moved, seconded by Mr. Morton Linzer,
that a variance be granted to Valdimir Manca from the Zoning Board of Appeals to
repair an existing open porch and for a variance from the provisions of Section
62-8 (B) that maximum lot coverage not exceed 35$ of lot on property known on
the Official Tax Map as Section 17 Block 22 Lots 13 and 14. This variance was
granted with the proviso that the porch is not enclosed at any time. All in favor.
Chairman Friere read the notice of hearing to consider the request of Sleepy Hollow Restoration, 42 Main Street, Irvington, New York for relief on appeal from
the decision of the Building Inspector in denying a permit on applicant's proposal to construct a 6 f 0 n chain link fence, 165 £eet long to connect two (2) existing 6 f 0" fences and for a variance from the provisions of Section 62-13 subdivision F paragraphs 1 and 2 of the Zoning Ordinance that the height should not
exceed 3 feet from the front yard setdack and the height thereafter not to exceed
5 feet on property known and design?led on Village Map as Section 15 Block 2 Lot 9B.
Mr. Zarilli, 95 Beekman Avenue, North Tarrytown, N. Y. voiced his objection against
the variance and requested that the fence conform to the Zoning Ordinance.
Following a discussion, Mr. Morton Linzer Moved, seconded by James Margotta that
a variance be granted to Sleepy Hollow Restoration to erect a chain link fence 6
feet high, 165 feet long to connect two (2) existing 6'O" fences on their property
known and designated on the Official Tax Map as Section 15 Block 2 Lot 9B. All in
favor.
Chairman Friere read the notice of hearing to consider the request of Gust &amp; Joyce
Totlis, 259 Hunter Avenue for relief on appeal from the decision of the Building

�-

2 -

January 2, 1973

Inspector in denying a permit on applicants proposal to construct an addition
to an existing structure and for a variance from the provisions of Section 62-8
(B) of the Zoning Ordinance requirement that the minimum lot size shall be 10,000
square feet and for an extension sf anon forming use because the available area
of the existing lot is 9,000 square feet, property known and designated on the
Official Tax Map of the Village of North Tarrytown as Section 14 Block 2 Lot IP,
Mrs. Joyce Totlis stated that the reason for the requested variance was that water
drainage will be taken care of as well as a growing family and additional room is
needed.
Following a discussion, James Margotta moved, seconded by Peter Esteban that a
variance be granted to Mr. &amp; Mrs. Gust Totlis to construct an addition to their
existing home within 9,000 square feet on their property known and designated on
the Official Tax Map as Section 14 Block 2 Lot IP. All in favor.
Chairman James Friere read the notice of hearing to consider the request of Maryann Gasko, 89 New Broadway, North Tarrytown, N.Y. for relief of appeals from the
decision of the Building Inspector in refusing to issue a permit for the erection
of an open front porch on a building presently under construction and for a variance from the provisions of Section 62-8 (B) of the Zoning Ordinance instead of
20 feet front yard setback on property known and designated on the Official Tax
Map as Section 17 Block 6 Lot 2.
Mr. Robert Segelbaum appeared in behalf of the applicant and stated that a 4 foot
variance was requested because of-rock formation which was encountered in the
rear of the property during construction.
Following a discussion, Peter Esteban moved, seconded by James Margotta that a
variance be granted to Maryann Gasko for a 16f front yard setback instead of the
required 20 feet front yard setback on their property known and designated on
the Official Tax Map of the Village of North Tarrytown as Section 17 Block 6 Lot 2.
All in favor.

Peter Esteban
Acting Clerk

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