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                    <text>January 26, 1974
Zoning Board of Appeals
The Board met informally at the Paolantonio property. Messrs,
Goudreau and Losierfs walls were inspected from Mr, Paolantonio1s
property with an extended invitation from Mr.Paolantonio^ neighbors.
The sites were viewed from North Street and from Sleepy Hollow
Road.

During this visit, Mr, Poli invited the Board on to his

property.
The Board returned to the Village Hall and in Executive
Session, decided that this Board was not qualified to determine
wheyther the retaining walls were safe. This allegation was made
by Mrs. Paolantonio at the meeting held on Thursday, January 24, 1974,
The Chairman polled the present Board and the vote was unanimous
to select an outside engineering firm.

The Charles H. Sells, Inc.

was recommended due to their prior experience.
Present were: J, Friere, T. Connelly, J. Arcate and J. Margotta.

These minutes have been filed as of Thursday, April 4, 1974 and
are a true record of'whatttranspired on the date of January 26, 1974.

Acting Clerk

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                    <text>North Tarrytown, N.Y»
March 11, 1974
The Zoning Board of Appeals held an Executive Meeting
on the above date on a complaint against Goudreau and Losier.
FreBent
SanteX Cheaaari
Counsel

J^ss Friere, Chairman
John Arcate
S * ^ § ^ f
'
Peter Esteban

The Board met and reviewed the facts and circumstances
determined by its investigation'of this complaint.

The Chairman

polled the individual members'as to their decision.

The members

were unanimous in finding in support of the complaint.
The Board drafted a letter of notification4 of its
findings and instructed $he attorney to prepare letters for
v
signature.
Meeting adjourned.
Respectfully submitted,
John Arcate
Acting Clerk

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                    <text>North Tarrytown, N.Y.
March 15, 1974
The Zoning Board of Appeals held an Executive Meeting
on the above date regarding complaint against Goudreau and
Losier.
Present

James Friere, Chairman
John Arcate
Thomas Connelly
J ame s Margotta
Peter Esteban

The Board had met and all members signed the letters
of notification.
Meeting adjourned.

;

Respectfully submitted,
John Arcate &gt;
Acting Clerks

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                    <text>°{1
North Tarrytown, N.Y.
April 4, 1974

The Zoning Board of Appeals held an Executive meeting on the
above date.
The business transpired was as follows:
James Margotta nominated J. Friere as Chairman of the Zoning
Board of Appeals, seconded by T. Connelly.
P. Esteban nominated T. Connelly as Co-Chairman, seconded by
J. Margotta.
The members present were unanimous in approving these
nominations.
Present were: James Friere, James Margotta, Thomas Connelly
and Peter Esteban.

Respectfully submitted,
Peter Esteban
Acting Clerk

' &gt;^;*wS«^svrf,:^K£ja^ti^»-^

J-

^ss^^££siMjSxA^^^^&amp;^^^^Mi-^^^.^i

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                    <text>NORTH TARRYTOWN, N.Y.
April 29, 197H
A 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
James Margotta
John Arcate
Thomas Connelly
Sante Chessari, Counsel
Leonard Losier, Building Inspector

Absent

Peter Esteban

Chairman Friere called the hearing to order at 8:00 P.M.
Counsel Chessari read the notice of hearing to consider the
request of Dorothy Fox for relief on appeal from a decision of the
Building Inspector of the Village of North Tarrytown in denying a
permit on applicants proposal to erect a one room addition at rear
of applicant's premises, and for a variance as to size of lot with
regard to width and side yard requirements from the provisions of
Section 62-8B-R5-5 on property known on the Tax Assessment Map of
the Village of North Tarrytown as Section 15, Block 6, Lot 14 and
also as and by the street number of 15 Elm Street, North Tarrytown, N.Y.
Chairman Friere asked if there was anyone present who would like
to address the Board on the proposed request for a variance.
Mr. Connelly inquired as to why the building inspector denied
her a building permit,
Mr. Losier stated that the addition would not meet the size of
the lot and side yard requirements.
Counsel Chessari stated that any change would require a variance.
Miss Fox submitted an affidavit certifying that property owners
within a 200 ft. radius were notified of this request for a variance.
Following a discussion and review of the plans in connection
with this request, Mr. Margotta moved, seconded by Mr. Arcate that
a variance be granted to Miss Fox to erect a one room addition at the
rear of her premises and for a variance as to size of lot with regard
to width and side yard requirements from the provisions of Section 628B-R5-5 on property known on the Tax Assessment map as Section 15,
Block 6, Lot 4, and also by the street number of 15 Elm Street.
Carried,

�Chairman Friere stated that Mr. Esteban made an on-site review
of the request and approved of same.
No other business to come before the hearing, Mr. Arcate moved,
seconded by Mr. Margotta that the hearing be closed and that the
Board meet in executive session.
Respectfully submitted,
AJA&amp;tooA'-*

Filomena Fallacaro
Clerk
EXECUTIVE SESSION
A discussion was held between the Building Inspector and members
of the Zoning Board regarding a clarification of Section 62-34 of the
Zoning Ordinance.
With regard to a recent complaint from Mr. Joseph Blascik of
run-off water from Mr. Solari!s property above his which has damaged
his wall and lawn, Mr. Losier stated that he had made an inspection
of the property. In speaking to Mr. Solari, he was told that a dry
well has been installed in the rear of the property. The wall was
built before he became Building Inspector, said Mr. Losier. There
was nothing he could do about it.
Counsel stated that he spoke to Mr. Solari who told him that
the water is coming down from the leader on the house next door.
Mr, Losier stated that in talking with Mr. Biros, this has been
a problem for years. The water comes from a pipe on Mr. Beck's
property.
Mr. Margotta stated that this could be a broken Village pipe.
A discussion followed regarding a time limit on complaints
regarding walls.
Counsel stated that he would check with other municipalities
as to their time limits.
Mr. Losier was asked if he would check with Mr. Biros to test
the water coming on to Mr. Blascik1s property for chlorine which will
determine whether or not a Village pipe is causing the water problem.
Mr. Losier presented an opinion to the Zoning Board (a copy of
which is attached in official minutes) regarding Mr. Goudreau's wall.
(Mr. Goudreau was sent a letter by the Zoning Board that he was in
violation of Art. 5, Section 62-9B).

�-3Mr. Losier stated that he was informed by Mr. Goudreau that
the building inspector issued him a building permit and he was not
going to do anything about it* Mr. Goudreau also informed him, said
Mr. Losier, that if the Zoning Board proceeded further, he would
take the Zoning Board and Building Inspector to court. Mr. Losier
asked the Board to support him as the Building Inspector or do
otherwise.
On a question from Mr. Arcate if Mr. Goudreau submitted plans
for a wall, Mr. Losier stated that he issued Mr. Goudreau a building
permit to erect a house and if it°was necessary to section off his
property with a wall, he could do so with the same permit. Other
permits have been issued without a wall shown on site plans, said
Mr. Losier.
were
Trustee Arcate stated that they/never challenged. The plans
are a useful guide, he said.
Mr. Friere stated that the building inspector supervised the
building of his wall.
Mr. Connelly stated that members of the Board do not know
how the wall was built. Mr. Goudreau should, by deposition, show
the Board in some way as to" how the wall was built. It should be
in writing, notarized and made part of the file, he said*
Mr. Margotta stated that the building inspector and Mr. Goudreau
should have sworn statements as to how their walls were built.
At this time, the Clerk was excused,

Mr. Arcate moved, seconded by Mr. Margotta that the Zoning
Board recommend to the Board of Trustees that the Zoning Ordinance
of North Tarrytown be revised to change Article V, section 62-13
paragraph F-2 to eliminate the words "and except for any necessary
retaining wall".
The Zoning Board
appeals \to the Board of Trustees to promptly
take the necessary steps to authorize this revision. The members of
the Zoning Board will appear at the hearing to this end and present
arguments in support of this action. J. Arcate, J. Margotta, J. Friere
and T. Connelly in favor of motion.
(Mr. Esteban absent).

J. Arcate
Temp. Secretary

�Man© March 21,'"1974, about 12 O'clock Noon.
I received a phone call from Mrs. Iosier to
cote and see water run off her property. It
was raining very hard - if I heard the radio
correctly about 1* of water was coming down.
The water on Bedford Bead was not running over
on the West side.
Vfoter North of North Street was flooding the
A

empty lots &amp; water gushing out of the storm
drains.
Water on the fill in Losier yard was flowing
down North Street in a good volume. No water
going over the wall.From North Street the wall
wasiwst, but I did not see any run off on wall
as water was running down hill on land. I
would say in the middle of the yard near to the
Losier house.

�I

i

It i/i alleged that Mr. Goudrcaxi is in violation of Art.5 Section 62-9B which
roads as follows:- "Ifo building shall bo erected on any land, and no change
shall be made in tho existing contours of any land, including any change in
tho couroo^ width or elevation of any natural or other drainage chanuel, in
any manner that will obstruct, interf02*0 with or change tho drainage of such
land, taking into account land development that may take place in tho vicinityj
under the provisions of this ordinance, without providing adequate drainage
j
in connection therewith"- Tho original slope of thia property was quite atecp*
by bringing in fill and levelling his back yard he reduced tho flow of water j
by absorption if by nothing else; he has also made provisions for a catch basin
which will pipe water to North Street.
j

i
1
1

It ia nlso aliogod that hie retaining vail io not necessary in excess of five j
I
feet or p. violation of Article 5 Section 62-13F2 which rends 00 follows:j
Except as otherwise provided and except for any necessary retaining wall, no j
wall or open or solid fence in excess of "ive-(5) "eet in height shall"be
erected along the side yards and rear y-res in any residential district; in
rll side yards the five (5) feet HSQpi% XgKoa

j
ji
fence height shall be permitt- j
*

1
1

ed but not forward of a-required front yrrd"-

To retain the fill the vail is j
1

necessary and based on the premise th-t a property owner is entitled to ren- *
sonable enjoyment and use of hia Isnd, the wall is necessary.

No water h-?o

j

been directed onto the Paolantonio property.

j
I

The third allegation relates to the stability .«md safety of the wall.

1
i

This

j
i
1

\

would be a direct violation of Art.l Section 62-2C which states: "Protect

i

*
X

Against Hczards.

To provide protection against fire, explosion, noxious

j
i
i

i

-

-- -

_

*

fumes and other hazards'."- It ic ray opinion that the methods employed in

]

1
-•

- -.

. •

•-

-

i

the construction of a wall would rest with the judgement of the building in- j
S
&lt;
1

spector.

I have been acting in such capacity and h^ve issued nurneroua build-S

I
1

•

*

'

ing permits as required under Section 62-3'» Paragraph A, vhich reads *ss
follows:- Applications -- "Efich -pplic^tion *or-a building permit shall be
-_

submitted in duplicate, occorapanien by such plans, ;*lso in duplicate, «»

.

-

- • '

�shall enable the building inspector to make his determination concerning the
proposed structure or use in terms of this ordinance. Such plans shall be
drown to scale and shall include r site plan showing the actual dimensions of
the lot&gt; the location and size of princippl and rccessory structures, points
of access and-egress, drivewrys, parking spaces, loading ^reas and provisions
for drlinage„"Mr. Goudreau complied with this section of the code and it was my Judgement at
the time thrt he applied for' •*• permit to build his house that he intended to
comply with all aspects of our code. When Mr. Goudreau started his wall, I
made an on-site inspection and determined the approximate height of the vail
when completed.

I recommended &gt;thnt he would not build this crib-type --all in

excess of six feet with out .a step-back, which is a recommendation of engin- '
ee'rs who design wo lis of this type.

I hsve witnessed Mr. Coudreau construct

similar walls at a greater height "nd in my estimation this man is a perfectionist and anyone knowing him can attest to this.

Because of the proximity

of his home to mine, I had the occasion to see thrt the wall was constructed
in accordance with good engineering practices.
insure proper construction.

Pl^ns in themselves do not

It rrs not been an uncommon practice in this

village when one is constructing his own home to issue one permit, vhich will
include construction of the main building and any accessory structures. There
are times when I request engineers' or architects' seals as o protection to
myself -nd the village. I find nothing in the zoning ordinance of the village of North Tarrytown whichraandajbesthis.
I recommend th^t the order Prom the zoning board to Mr. ,Goudrenu o«" M^rch 15,
197^ be reminded.

I feel that it would be unjust for eny taxpayer t-tao acted

in good f a i &amp; X s ^ £ i - ^

�subjected to proving «n' nlleg* tion thst ir&gt; made

gainst him, without substancei.

v..
c

^H»sC

*-€$/

#/V

'*%.^af£^^M^iix^^:-i^-^ji-±--hi

•i^J£f3&amp;3J£SSfi3a&gt;?g£sek&amp;t!£i0&amp;

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                    <text>NORTH TARRYTOWN,N.Y.
May 23, 1974

f ?

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
John Arcate
Sante J. Chessari, Counsel
Leonard Losier, Bldg. Inspector

Chairman Friere called the meeting to order at 6:00 P.M.
Counsel Chessari read notice of hearing to consider the request
of Sally k Adly Abdel Meguid, 177 Hunter Avenue, for relief on appeal
from a decision of the Building Inspector in denying a permit on
applicants proposal to erect a summer screen porch addition at rear
of applicants' premises and for a variance from the provisions of
Section 62-&amp;E-R2 of the Zoning Ordinance requirements that there bt
25 ft. rear yard clearance minimum lot size 10,000 sq. ft. and width
dimensions of lot 75 ft. on property known on the Tax Assessment Map
as Section 14, Block 2, Lot 4D2.
Chairman Friere asked if there was anyone present who would like
to comment for or against the requested variance.
It was questioned ;why a building permit was denied and Mr. Losier
stated that the addition does not meet with the 25 ft. rear yard
reouirement.
A.

An affidavit was submitted by the Meguids to tk« effect that
surrounding property owners were notified of this request for a variance.
No other comments, Mr. Connelly moved, seconded by Mr. Margotta
that the hearing be closed and that the Board meet in executive session
for a decision and the applicants notified within ten days. Carried.
Counsel Chessari read notice of hearing to consider the request
of Carmelo Occhipinti, 276 No. Washington St., 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 at the rear of applicant's
premises and for a variance from the provisions of Section 62-8B-R5-7
requirement that there be a clearance of five ft. with respect to the
northerly side line on property known on the Tax Assessment aap as
Section 15, Block 13, Lot 7.

�—2Chairman Friere asked if there was anyone present who would like
to address the Eoard for or against the requested variance.
No one appearing for or^against, Mr. Margotta moved, seconded by
Mr. Esteban that the hearing be closed and that the Board meet in
executive session for a decision and that the applicant be notified
within ten days.
Carried.
An affidavit was submitted by the applicant to the effect that
surrounding property owners were notified of the requested variance.
It was stated by Mr^ Friere that a building permit was denied
because the addition did not meet the required side yard of five ft.
The meeting adjourned and the Board met in executive session.
Executive Session
After discussion of the request of Mr. &amp; Mrs. Adly Meguid for
a variance, Mr. Arcate moved, seconded by Mr. Margotta that a variance
be granted to the Meguids to erect a summer screen porch addition at
the rear of their premises and to vary from the provisions of
Section 62-8B-R2 of the Zoning Ordinance requirements that there be
twenty-five ft. side yard clearance, minimum lot size 10,000 sq. ft.
and width dimensions of lot 75 ft, on property known on the Tax
Assessment map as Section 14, Block 2, Lot 4D2.
Carried.
Following a discussion on Mr. Occhipintifs request for a variance,
Mr. Margotta moved, seconded by Mr. Arcate that a variance be granted
to Mr. Occhipinti to erect a one room addition to the rear of his
premises known and designated on Village map as Section 15, Block 13,
Lot 7 and to vary from the provisions of Section 62-8B-R-5-7 of the
minimum five yard side yard requirement. Carried.
Mr. Friere stated that he is in receipt of a petition containing
thirteen signatures urging the Zoning Board to review the coning
situation of Vazquez,Repair station located on Kattina Avenue, f^r
general validity of his business on a residential street and for
parking and repairs done on said street.
Mr. Friere stated that he invited the petitioners to come before
the Zoning Board to discuss the matter.
At this time, Mr. Margotta excused himself from the Zoning
Board and sat in the audience.
Mr. Mike Hyland, 122 Gordon Ave., member of the^F.O.E. stated
that the only complaint he had was that cars were blocking the entrance
to their parking lot. He stated that he had been told by Mr. Vazquez
that it was his customers who were blocking the entrance.
Mr. Patrick Cofone, 69 Chestnut St., also a member of the F.O.E.
stated that his only complaint was also that the entrance to the
Eagles' lot was blocked by cars.

�-3Mr.
that the
blocking
get into

Thad Bulaga, 23 Beekraan Ave., member of the F.O.E. stated
only reason why he signed the petition was because of cars
their entrance and members have complained that they cannot
the driveway and for no other reason.

Mr. Joseph Krupp, 7 Katrina Ave., inquired if there was any
violation if a mechanic does work out on the sidewalk or if cleaning
a transmission, etc. and allowing dirty water to run out oflthe
garage into the gutter and into the storm sewer.
Mr, Frank Hrotko, 20 Gordon Ave., stated that last summer, Mr.
Vazquez pulled out one of his cars and tried to sell it. He stated
that he had to call police headquarters during the night because Mr.
Vaz quez was running the car in order to fix it.
Mr. Floyd Variano, 6 Katrina Ave., questioned the variance which
was granted to Ithe Margotta parking lot at Katrina Ave.
Mr. James Margotta stated that a variance was given to his father
in 1956 to park automobiles. The variance stipulated that ten
automobiles could be parked there, he said. At different times,
people throughout the park who had overnight guestsvas well as
restaurant people and members of the F.O.E. were allowed to park in
the lot.
Mr. Variano stated that Mr. Vazquez was granted nine spaces and
was answered by Mr. Margotta that he had signed the lease before he
knew the terms on which the variance was granted.
Mr. Variano stated that the variance calls 3for parking of cars.
He cannot do any repair work on the street. Dead storage still ?
remains in addition to refuse in the lot' , said Mr. Variano. The
lot is in a residential area for ten cars, he said, and there is no
shrubbery enclosing it.
Mrs. Grace Krupp, 7 Katrina Ave., stated that if there was ever
a fire, the apparatus would not be able to get through.
Mr. Variano submitted pictures for the record of the area. He
also asked if the Building Inspector made an inspection of the area.
Mr. Losier stated that he made an inspection of the area shortly
after Mr. Vazquez opened the garage. He stated that he had just been
appointed Building Inspector. It was his predecessor who issued the
permit for the garage, said Mr. Losier. He had informed Mr. Margotta,
after researching the variance, that he line out the ten parking spaces
as required by the variance and erect a barrier to screen it from the
road. If he marked off the ten spaces, then the police could go in and
enforce it.
Mr. Losier stated that he made another inspection and again
suggested that lines be narked off.

�Mr. Joseph Peller, Katriha Ave., inquired if a business is
allowed on Katrina Ave., The area is zoned residential, he said.
Mr. Losier stated that the building itself is zoned highway
conunercial. As far as having a rear door and operating a business
requires a legal opinion, he said.
Counsel stated that the use to which the building is put is the
determination. The use of the building is highway commercial. He
stated that he cannot answer on what basis the permit was issued by
the former Building Inspector.
Mr. Murray Tepp, 330 No. Bradway, stated that he rents th©
store next door to the Eagles as an office and warehouse space. He
stated that he had no objection to Mr. Vazquez operatinjhis business,
however, he should not encroach upon his parking area, said Mr. Tepp.
Mr. &amp; Mrs. Mike Torzani, Id Gordon Ave., complained about dead
storage on the street, as well as enforcing Mr. Vazquez to keep his
cars off the street.
Mr. Margotta stated that many of the violations' are a police
problem. One of the biggest complaint is the way the workers are
parking their ears. He stated*that of all the people who have parking
lots, his brother and he are the only ones who have a parking lot for
their employees to park in and if the parking is enforced in his lot,
he may have to have his employees park on the street, said; Mr. Margotta.
Two additional cars will then be added to the street parking.
Following a discussion, Mr. Connelly moved, seconded by Mr.
Esteban that;a letter be sent to the property owner instructing him
to comply with the original variance within thirty days after which
the Board will then meet again to ascertain how much progress has
been made. Carried.
No further business, the meeting adjourned.
Respectfully submitted,

Filomena Fallacaro
Clerk

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                    <text>NORTH,TARRYTOWN, N. Y.
July 23, 197*1

t 0O

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

Absent

Thomas Connelly

Chairman Friere called the hearing to order at 8:00 P.M.
Counsel Chessari read the notice of hearing to consider the
request of Mrs. Katherine Lombardi, 17 8 Cortlandt Street, for relief
on appeal from a decision of the Building Inspector in denying a
permit on applicant's proposal to alter the building at the rear
of applicant's premises facing Chestnut St. located at the southeast
corner of Chestnut St. and Cortlandt Street for use as a bake shop
therein and for a variance from the provisions of Section 62-7,
paragraph B, including parking requirements known on the Tax
Assessment map as Section 16, Block 11, Lot 9.
In answer to Chairman Friere•s question as to why a building
permit was denied, Mr.,Losier stated that/the:applicant asked for
a building permit to alter the building which is 55 ft. long and
25 ft. wide. It was used for warehousing and garaging of one or two
vehicles for the last 35 yrs., he said. The,apartment house is nonconforming because of lack of parking;facilities for tenants. If you
alter a building as per Section 62-7B, you need a variance,said Mr.
Losier.
Mr. Losier stated that it would be a one/man operation. The
tenant will put his vehicle inside the building, he said. The garage
has space enough fort - 5 cars, said Mr. Losier, and this would be
no added traffic in the area.
On a question from James Margotta if this type of business is
allowed, Mr. Losier answered "Yes", and questioned Counsel.
Counsel also answered in the affirmative.
Mr. Sweda, the proposed tenant, stated that he is the sole
baker and he makes bread from a recipe handed down by his grandfather.
He stated that.he is working with the Health Department and will
follow all regulations. This will be no retail operation, he said.

�-2Mrs. Lombard! submitted/an affidavit signed by residents
within a 200 ft. radius to the effect that they were notified of
this proposed request for a variance*
No further comments, the hearing adjourned.

EXECUTIVE SESSION
Following a discussion on the proposed request, Peter Esteban
moved, seconded by James Margotta that Mrs. Katherine Lombardi be
granted a variance from the provisions of Section 62-7, paragraph"B,,
including parking requirements of the Zoning Ordinance and permitting
her to alter the building at the rear of her premises facing Chestnut
Street for use as a bake shop on:Section 16, Block 11, Lot 9, also
known as 178 Cortlandt Street, North Tarrytown, N.Y.
Carried.
No further business to come before the meeting, the same was
duly adjourned.
Respectfully submitted,
&amp;??*^&lt;~*c^

Filomena Fallacaro
Clerk

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                    <text>\o\
NORTH TARRYTOWN, N.Y.
August 8th, 1974

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

Absent

Thomas Connelly

Chairman Friere called the hearing to order at 8:00 P.M.
Counsel Chessari read the notice of hearing to consider the request of
Frank Capozza, 460 Bellwood Avenue, North Tarrytown for relief on appeal
from a decision of the Building Inspector in denying a permit on applicant's
proposal to erect an addition to applicant's office building to conform with
the present structure located at 11 River Street for use as additional office
space therein, and for a variance from the provisions of Section 62-8B,
subsection M. paragraph 7 requirement that there be a clearance of twenty
(20) feet. Said property is known as Section 16, Block 1, Lots 1 and 3-A
on the Tax Assessment Map of the Village of North Tarrytown.
Charles Reilly representing Frank Capozza stated the variance was
necessary to provide space for a billing machine, the size of which i s 4 foot
by 8 foot, and also additional filing space, therefore the additional twenty
foot front yard space is necessary.
Mr. Esteban asked if additional personnel would be required and Mr.
Reilly indicated no.
Mr. Timmings, Village Fire Commissioner inquired about Frank's Fuel
building dikes around the storage tanks,one holding 300,000 gallons of fuel
oil and the other 150,000 gallons of fuel oil. He also asked about the
storing of fuel trucks on weekends which would prevent the proper fighting
of fires and safety. Variance should be denied until he builds the dikes
around the storage tanks.
Mr. Losier commented that the property is fenced for security purposes.
Counsel Chessari stated that if there is a violation of the Fire Code
it should be posted.
There being no further comments, the public hearing was adjourned.

�EXECUTIVE SESSION
Following a discussion on Capozza's request Mr« Margotta moved,
seconded by Mr, Arcate that Frank Capozza be granted a variance from
provisions Section 62-8B subsection M, permitting him to erect an addition
to his office building to conform with the present structure located at
11 River Street on Section 16, Block 1, Lots 1 and 3-A. Motion carried.
Mr. Losier stated that he wanted the Board to rescind our letter of
March 15, 1974"on ordering Mr. Goudreau on violations of retaining wall
based on letter submitted by Mr. Losier on April 29, 1974.
Mr. Margotta moved seconded by Mr. Arcate that the matter be referred
to Mr. Barron, special counsel to the Board. Motion carried.
There followed a discussion on a resolution that the Zoning Board
of Appeals have no intention of pre-judging the merits of Mr. Losier1s
retaining wall in our letter of March 15, 1974 to fix alleged violations
connected with the retaining wall.
Mr. Arcate moved, seconded by Mr. Margotta that the following resolution
be adopted:
WHEREAS, on August 5, 1974 Special Counsel to this Board advised that
in the matter of Leonard Losier et ano v. Trustees of the Village of North
Tarrytown, et al and pursuant to the order of Supreme Court Justice Anthony J.
Cerrato the pending issue is "whether or not plaintiffs' action is premature
and if not, whether the action of respondent in view of all of the circumstances was arbitrary and capricious", and
WHEREAS, Special Counsel further advised that a formal statement of this
Board as to the actual status of its deliberations and proceedings would
be of substantial assistance in clarifying this issue, and
WHEREAS, this Board desires full observance of due process as well
as compliance with all codes and ordinances of the Village of North Tarrytown.
NOW THEREFORE BE IT RESOLVED that this Board does hereby state that it
has made no decision, nor have it's individual members reached any conclusion
as to the existence or non-existence of violations on the subject property
and that any\ conclusion that might be reached would be in the form of a
formal decision after a public hearing held on notice and publication
pursuant to the statute and aggrieved parties, as veil as all other parties
would be given an opportunity to be heard and all evidence would be considered,
UNANIMOUSLY CARRIED.
Mr. Connelly, who was absent was reached by telephone and he indicated
that he would like to go on record as being in favor of the foregoing
resolution.
Respectfully submitted,

'Peter Esteban
Acting Clerk

psic

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                    <text>NORTH TARRYTOWN, N. Y.
September 17, 1974

•

l u

A 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
James Margotta
Thomas Connelly
John Arcate
Leonard Losier, Building Inspector

Absent

Sante J. Chessari, Counsel

Chairman Friere called the hearing to order at 8:00 P.M.
Clerk Fallacaro read the notice of hearing to consider the
request of Stephen Maceyak for relief on appeal to extend his chimney
approximately 10" into thewesterly side line of his premises at
13 Elm Street, for the erection of a fireplace.
Chairman Friere asked if there was anyone present who would like
to address the Board on the proposed variance.
Mr. Margotta inquired of Mr. Losier if it infringed on the
driveway so that you could not get a car in the garage, and was
answered-that he did not know.
Mr. Losier stated that the side yards did not meet the 15 ft.
side yard requirement.
Mr. Margotta inquired of Mr. Maceyak.if the driveway is still
used, but he was told that it was not.
Mr. Losier stated that the majority of the properties in;R5 are
non-conforming and he did-not see any reason why the variance should
not be granted. With the energy,crisis, a fireplace would be helpful
said Mr. Losier.
Mr, Maceyak submitted an affidavit certifying:that property owners
within the two hundred feet radius were notified of this request for
a variance.
No other comments, Mr. Margotta moved, seconded by Mr. Arcate
to adjourn to Executive Session.
Carried.
Mr. Friere told Mr. Maceyak that he would be notified of the
Board's decision.
EXECUTIVE-'"SESSION""
Following a short discussion regarding-the request for a variance,
Mr, Esteban moved, seconded by Mr, Margotta that a variance be granted

•,-xiS^t^M\^

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•

to Stephen Maceyak2, ;.13 E i m Street,/North Tarrytown; N.Y., to extend
his chimney approximately ten (10") inchesJinto the westerly side,
line thereof of his premises for the erection of a fireplace in the
living room thereof, and also a variance from the provisions of \
Section 62-8B-R-5, subparagraph &gt;7 requirement that there be a minimum
of five (5) feet side yard clearance 6n;one side and a minimum total
of fifteen (15) feet for both side yards clearance as well as a ;
variance from the provisions of Section 62-8B-R-5, subparagraph 5
requirement of 4,000 square feet on property known and designated on
Village Map as Section 15, Block 6, Lot 15 and as 13 Elm Street,
North Tarrytown, NiY.
Carried,
Mr• Margotta stated that in last night's paper, an article
appeared that the Zoning Board•of Appeals was asked to look into
the proposed Kentucky Fried Chicken franchise and inquired of Mr.
Friere if he ever received any request from the Mayor.
Mr* &gt;Friere stated that he never received any plans.

y

Mr. Connelly stated that he does not remember any request from
the Mayor nor any other member.
No other business tojcome before the meeting, the same was duly
adjourned.
Respectfully submitted,
'-/••

•

Filomena Fallacaro
Clerk

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                    <text>NORTH TARRYTOWN, N.Y. ]QO&gt;
y
November 12, 1974

•

Two public 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
James Margotta
Peter Esteban
Joseph Jelenek,Bldg. Inspector

Absent

John Arcate
Thomas Connelly
David J. Whelan, Counsel

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 Emil Zastenchik, 14 Overlook Road, No. White Plains, for
relief on appeal from a decision of the Building Inspector in denying
a permit on applicant's proposal to construct an addition extending
the ground floor living room and dinette approximately four feet and
six inches (4* 6") onto the northerly rear side of applicant's premises
to a height of eight (8) feet, and for a variance from the provisions
of Section 62-8B-R5 requirement that there be a minimum of five (5)
feet side yard clearance on one side and a minimum total of fifteen
(15) feet for both side yard clearance and a variance from the provisions
of Section 62-8B-R5, subpara, 5 of the Zoning Ordinance requirement
of 4,000 square feet on grounds that the existing building on property
known as 119 Depeyster St. is nonconforming as to lot size area.
Mr. Zastenchik was asked if he had notified surrounding property
owners within a 200 ft. area and he stated that he was not aware of
this.
Mr. Friere suggested that he stop in at the Village office where
he would receive help in obtaining the names of surrounding property
owners to which he agreed.
Mr. James Margotta moved, seconded by Peter Esteban that the
hearing be closed.
Carried.

I
----^a*-?- f

Clerk Fallacaro read the second notice of hearing to consider the
request of Joseph T. and Laura M. Kelly, 180 North Washington St., for
relief from a decision of the Building Inspector of the Village of North
Tarrytown in denying a permit on applicant's proposal to convert an
existing one family residence into a two-family residence and to connect
a sink and gas utility lines, and for a variance from the provisions of
Section 62-14-E requiring a minimum of one space for each dwelling unit
and for a variance from twe provisions of 62-8B-R-5-7 requiring twenty
(20) feet open space to the*-front of the structure and five (5) feet of
open space to the side of the existing structure on the grounds that the
existing building on property known as 180 North Washington Steet is non-•-* :r.Kf i &gt;..V4 i ' t '*-i-ij.«.A-i"'r-

JJv&gt;;j.'-...i3u-;/..0«-^-.'--^iA/V&gt;'

�-2conforming as to the aforesaid required open spaces.
Clerk Fallacaro stated that Mr. 8 Mrs.Kelly submitted an affidavit
certifying that surrounding property owners were notified of their
request for a variance.
Mr. Friere stated that he understands that there was a sink on
the second floor.
Mr. Kelly stated that in 1953, the owner had spent about $1,000
to make the house into a two family house without a notifying the
Village. Mr. Kelly stated that he bought the house as a two family
house and now he want's .to make an apartment upstairs.
\It was noted that the zoning in this area is zoned for two family
residence.
Mr.Jelenek stated that he checked the request out on Saturday
and found that everything upstairs has been capped and this would be
just a matter of hooking up the lines.
Following a discussion, James Margotta moved, seconded by Peter
Esteban that Mr. 8 Mrs. Kelly be granted a variance to convert an
existing one family residence into a two family residence and to
connect a sink and gas utility lines and for a variance from the
provisions of Section 62-14-E requiring a minimum of one space for each
dwelling unit, as well as a variance from the provisions of 62-8B-R-5-7
which requires,20 ft/ of open space to the front of the structure and
5 ft. of open space -to the side of the existing!structure on the grounds
that the existing'building on property known-and designated on Village
map as Section 16, Block 15, Lots 6-7, 180 North Washington Street,,
is non-conforming as to the aforesaid required open spaces. Carried.
Regarding the Zastenchik request, James Margotta7moved, seconded
by Peter Esteban that - a variance be granted;tosEmil Zastenchik of ...
14 Overlook Road, No.:'White Plains, to ^construct5; an addition extending
the ground floor living room and dinette approximately .four, feet and1;,
six inches (41 6") onto the northerly'rear side of applicants premises
to a height of eight (8) feet, and that a variance be:granted to
maintain the present westerly side line 4 ft, 6" and the easterly line
to be 5 ft. 0", said extension'will project eighteen (18); feet north .
of the present kitchen wall (rear wall). This variance is granted
upon receipt of letter certifying that surrounding property owners were
notified of this request for a variance.
Carried.
Mr. Friere stated that John Arcate had called him prior to the
hearing .that he would be out-of-town and that he was in favor of
approving these variances.
No further business to come before the meeting, the same* was
duly adjourned.
Respectfully submitted,

Filomena Fallacaro
Clerk

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