1 25 9 https://sleepyhollow.localarchives.org/files/original/6d568344953458dd2ed6538bf7df8a0a.pdf 01363548599bfe5c7390cb25a8f2dbfa PDF Text Text NORTH TARRYTOWN, N.Y, December 11, 1975 / / • * " 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 John Arcate Edward Swaby David J. Whelan, Counsel Joseph Jelenek, Bldg. Inspector Chairman Friere called the hearing to order at 8:00 P.M. Clerk Fallacaro read;the notice of hearing to consider the request of Edward and Virginia Brown of 5 Webb Road, North Tarrytown, N.Y. for relief on appeal from a1 decision of the Building Inspector in denying a permit on applicants proposal to erect a six ft. fence and for a variance from the provisions of Article IV, Section 62-13, paragraph F-2 of the Zoning Ordinance requirements that no wall or open or solid fence in excess of five (5) feet in height shall be erected along the side yards and rear yards in any residential district on property known on the Tax Assessment Map of the Village of North Tarrytown as Section 11, Block 1H, Lot 11. Chairman Friere asked if there was anyone present who would like to speak for or against the proposed variance. Mrs. Brown stated that the reason for the six ft. fence is because dogs in the area can jump over a five ft. fence. She said that she would also like to keep her dogs enclosed. She stated that there is an eight ft. stockade fence on both sides of her property and she would also like to keep the height in line with the other fence. Mr. Reiner, a neighbor residing in the back of the Browns, stated that they had no objection to the six ft. fence. Several questions were asked of Mrs. Brown during which she stated that the fence would not be seen from the road. An affidavit was received from Mrs. Srown certifying that property owners within 200 ft. were notified of this request. No further questions, James Margotta moved, seconded by Peter Esteban that the hearing be closed. Carried. �EXECUTIVE SESSION Following a general discussion of the request for a variance, Edward Swaby moved, seconded by Peter Esteban that due to lack of evidence of a hardship, the request of Mr. & Mrs. Edward Brown for a variance to erect a six ft. fence be denied. Carried. No further business to come before the meeting, the same was duly adjourned. Respectfully' submitted, Filomena Fallacaro Clerk � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1975 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1975-12-11 Subject The topic of the resource Zoning Board Minutes & Resolutions-1975 Date A point or period of time associated with an event in the lifecycle of the resource 1975 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/221dbcf20339927508a0423c8050ca01.pdf a7c12436de614c6131e5b85b2631df8f PDF Text Text NORTH TARRYTOWN, N.Y. December 8, 1975 ' " % 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 John Arcate Edward Swaby David J. Whelan, Counsel Chairman Friere called the meeting to order at 8:00 P.M. Clerk Fallacafo read the notice of hearing to consider the request of James and Marie Timmings, 119 Rice Avenue, North Tarrytown, N.Y. , 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 extend their garage four (4) feet and for a variance from the provisions of Section 62-8B-6 of the Zoning Ordinance of the Village of North Tarrytown requirements that the maximum lot coverage required is 357o on property known on the Tax Assessment Map of the Village of North Tarrytown as Section 17, Block 23, Lots 1 and 2 # Chairman Friere asked if there was anyone present who would like to address the Board for or against the variance. Mrs. Timmings stated that if the variance is granted, there would still be room in their driveway for another car. She also stated that her next door neighbors, Mr. & Mrs. John Barr have no objection to this variance. Clerk Fallacaro read two letters,,one from; Mr. John Durko, 124 Van Tassel Avenue and the .other. from;Mr. &' Mrs . Carl Napblitario, 122 Van Tassel Avenue, approving the request for the variance. An affidavit from Mrs. Timmings'was filed certifying to the effect that property owners within 200 ft. were^notified of this request for a variance. ; No further discussion, James Margotta moved, seconded by John Arcate that the hearing be closed. Carried. EXECUTIVE SESSION • Following a discussion*of the request for the variance, James Margotta moved, seconded by Peter, Esteban that Mr. & Mrs. Timmings = be granted a variance to extend their garage'four (4) feet arid for a variance from the provisions of Section 62-8B-6 requirements and that the maximum lot coverage required is 35% on property known bri the Tax Assessment Map as Section 17, Block 23, Lots 1 and 2.Carried; �-2A discussion was held regarding the hearing on November 13, 1975 on the appeal of Mr. Jesse Stackhouse, 19 Cedar Street'-* North Tarry town, N.Y. for relief oh appeal;from a decision of the Building Inspector in issuing an order to remedy a violation of Section 62-23A and;62-25B of the Zoning Ordinance directing the appellant to comply;with;the aforesaid provisions of the Zoning Ordinance in that said*premises"do not have benefit of continuation of non-conforming use and that the usej;has been extended in a manner to displace a conforming use on property known and designated on Village Tax Assessment Map as Section 16, Block 9, Lot 14. Following; a discussion, John Arcate moved, seconded by James Margotta that the .appeal of i the decision of ]• the ^ Building ^Inspector be denied and this Board uphold f the .order ; of the s Building I Inspector ^ arid commercial use observed?at this premises is illegal and should not be allowed arid that this use shall cease arid desist not later, than f/ ninety (90) days from the date of this decision. Carried Unanimously" A discussion was held regarding the hearing on^November 13, 1975 to consider the appeal of Stephen Kaleta, 134 Depeyster Street, North Tarrytown, N.Y. for, relief on appeal from a decision of the Building Inspector in issuing a,building'permit for the alterations of a private garage to be used for light repair_work at premises X known as 19 Cedar Street, in violation of the provisions of Article IV, Section 62-8B, sub-section R-5, paragraph 2-3-4 of the schedule of regulations describing permitted principal and accessory uses of property.in an R-5-district, known on Village Tax Assessment Map as Section 16, Block 9, Lot 14. Following a discussion, Edward Swaby moved, seconded by Peter Esteban that the appeal of Mr. Kaleta be dismissed. Carried. No further business to come before the meeting, the same was duly adjourned. Respectfully submitted, �/ 2nd. Hearing Ilallory Battery Order of the Zoning Board of Appeals read, Friere Asked for identification of speakers for Mallory Battery and since there are people in the audience they will be allowed to ask questions and speak if the y wish to do so. I-jargotta would like to know if the company as any master plan. Y/hat will you be doing six months from n'ow? V/hat is your square footage now? Liallory gave the total square footage of its present building. They do not have any other future plans. Kargotta describe they type of building you want to erect Mallory a cement block building - immediately behind the loading dock,. entrance outside of building Page the building would be in the area of the old filtering station. Swaby what will be stored in thei building? Mallory building will house 1,hydraulic pump 2.barrels 3,tank for our scrubbers. Scrubbers have a holding tank - we need one room for these, Swaby is there something of a factory addition here? liallory Ko. Hydraulic system is for the existing system Audience Is anything explosive going to be stored 3m the building? Is the building for storage or not? "".allory Hydraulic fluid is not explosive, I\To one will be working htere. The 3r^. room will house the fluid. Audience V/hat about noise? V/e hear noises in the middle of the night - why? �J _2/ I.'-ar^otta these people in the audience are people living near your plant and they have come here before v/ith sane complaints of noise - what are you going to do about that? These complaints are just a matter of housekeejjing on your part, F-allory There should not be any noise, •lar^ottj Your plant is in a residential area. You have a responsibility to take care of the compalints made by these peopleliving in the area. Audience when we have complaints conceErnlng the noise we have phoned the plant, Sometimes the people there hang up the phone on us-sometimes they don*t seem to understand what we are talking about, The blowers go on - sometimes to 3A.M. ;<Iallory the machines are to be turned off at 6:30 P.M» °ome machines are on the other side of the building where they should not annoy anyone, °ome equipment must be keut on. Swaby we get these applications periodically from you. Me need some master Jjlan from hou. If we comtinue to grant one variance after another, we are upsetting the idea of the Planning Baord, Every "corporation has some ideas of their future'planning. j argotta could tftis equipment you plan to put into this new building be put outside? "a 1 lory 3.rroT, ua Audience ^.r.Totta r yes it could - but this w o u l d m a k e for more noise. (to the audience)Would you rather have this exposed or covered ? we have no objection to a building - we just object to the noise. Lallory should be aware of these compalints made by the residents of t h i s a r e a . These compalints are a matter of housekeeping on rallorys part. &i&fefe-;j£Miisi^i^ss*!5Si§^fi m*OiZri-lwiii$vri '»?®*z*££&g&gt& �-3J.'allory we will try to curb the noise and we want %he residents to let us kmow of any violations, Ceconi asks Kallory to work with these people (residents of the area) to v/ork out ansv/ers to their complaints, Friere could machines have some kind of time clocks put on them? I'.allory we will take action on these complaints and suggestions L-Iargotta makes motion to grant variance. Seconded by Swaby, Passed by Ceconi. Q&VJULLCJ*-o; Itfi fi^ZTL "f � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1975 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1975-12-08 Subject The topic of the resource Zoning Board Minutes & Resolutions-1975 Date A point or period of time associated with an event in the lifecycle of the resource 1975 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/26434193790b6b749bf46d26dd917f44.pdf bd4be099825d1deba805bfda4c472dc3 PDF Text Text NORTH TARRYTOWN, N.Y. September 29, 1975 '' 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 Peter Esteban James Margotta Edward Swaby John Arcate David J. Whelan, Counsel Joseph Jelenek, Bldg. Inspector Chairman Friere called the hearing to order at 8:00 P.M. Clerk Fallacaro read the notice of hearing to consider the request of Douglas and Dorothy Potter, 475 Bellwood Avenue, North Tarrytown, N.Y, for relief on appeal from a decision of the Building Inspector in denying a permit on applicants' proposal to erect a six ft. fence and for a variance from the provisions of Article IV, Section 62-13, Paragraph F-2 of the Zoning Ordinance requirements that no wall or open or solid fence in excess of five ft. in height shall be erected along the side yards and rear yards in any residential district on property known on the Tax Assessment Map as Section 14, Block 21, Lot 2. Chairman Friere asked if there was anyone present who would like to address the Board for or against the variance. Mr. Charles Kenison, ,174 Highland Avenue, stated that he has lived in the Manor area since 1914. He stated that he organized the Philipse Manor Improvement Association to see that restrictions were carried out. Mr. Kenison stated that he objected to the type of fence that the Potters contemplate erecting. If a variance is granted, what good is the Zoning Ordinance, said Mr. Kenison. Mr. Douglas Potter submitted five letters from immediate neighbors in support of his request for a variance. Mr. Ruben Singer, 474 Bellwood Avenue, stated that'if Mr. Dahl prefers to live the way he chooses, he should not have any objection to anyone living the way they want to. He stated that he was in favor of the fence. Mr. Victor Page, 125 Palmer Ave., spoke on behalf of his wife and himself, that he lives 75 ft. from the Potters property. He stated that he has a six ft. fence which was erected before,the ordinance was adopted. He stated that he wholeheartedly recommends"to the Board that Mr. Potter be given the variance to fence out the deplorable condition that they have to look at seven days per week. t �-2Mr. Harry Datil, 115 Palmer Avenue, read a letter he sent to Mr. Friere prior to the hearing in which he stated that he would appear and register his objection to the fence. He also enclosed a letter which he sent to the Potters in which he states that he was taking appropriate steps and action to oppose the granting of a permit for its erection. Mr. Dahl stated that during the thirteen years the Potters had lived there, he had to look at a strip of land owned by the Potters which is filled with grass pilings, etc., and near his window but has not said anything. He stated that when their house was being remodeled, they dumped 2 x 4's, plaster, into the strip of land. The property was only cleared up recently because they were going to apply for a variance, said Mr. Dahl. Mr. Dahl stated that if they do erect any fence within regulation or whatever, they will conceal nothing because of the elevation of their house. He stated that he saw several five ft. stockade fences in the area which! are terrible to look at. The reason for them asking for a variance is because the owner has the fence and needs permission to erect it, said Mr. Dahl. The fence would be an eyesore for him to look at, he said. Mr. Dahl stated that he was interested in seeing that the zoning laws were upheld and that the variance not be granted. Mr. Friere stated that the Board will take into consideration Mr. Dahl's comments. • No further comments for or against the variance. Mr. Arcate moved, seconded by Mr. Margotta that the hearing be closed. Carried. Mr. Friere informed the applicants that they will be notified of the Board's decision. EXECUTIVE SESSION ...... After a lengthy discussion, Mr. Arcate moved; seconded by Mr. Esteban that a variance be- granted of one ft 1 in height'' in"'accordance with Section 62-40-C of the Zoning Ordinance of the Village of North Tarrytown for the erection of a fence on the westerly side of property known and designated on Village Tax Assessment Map as Section 14, Block 21, Lot 2. The motion carried while Mr. Swaby voted No. Mr. Swaby commented that this 'would create other appeals which would be more extreme. We are getting away from the original intent of the Philipse Manor Association-in setting up the area and does not think the six ft. fence would correct anything more than a five ft. fence would. f • „'- .< J i i ^ B ^ ^ ^ ^ j f e t i l i i ^ , ^ ^ ^ �-3t The variance was granted based on the following decision: Appeal of Douglas Potter from the decision of the Building Inspector, dated August 14, 1975 denying the erection of a six ft. fence, is hereby granted after a public hearing. The variance from the provisions of Article IV, Section 62-13, Paragraph F-2 of the Zoning Ordinance of North Tarrytown is granted on the grounds of special circumstances and conditions. Based upon inspection of the premises of Dahl and Potter, and upon hearing the interested persons at the public hearing, it appears that the Dahl property is unsightly and the proposed fence would partly alleviate this condition. No further business to come before the meeting, the same was duly adjourned. Respectfully submitted, ^l£^^^_^ ftU^*^*^ Filomena Fallacaro Clerk §p ^'••^ -' :y-y_-~*A"-£f'i-''-••*•--*'• • •-•'• -- -'•'••• - - - ^ - ^ ^ ^ ^ ^ i S S a f e i ^ ^ ^ �.#- > / loh' nf H tCU fifi^QlCL^i <y Que lode 4^ (U^c'i ^ ^ < ^ «*- '^H***- f** o fa ti'U, ^hno* af! h hi*! UULL <^a. * l0 (0 sfiu-»,fii«K«y* &S^aSSS^£iJ^Sw,:^i&Si^ .-i^^^^fe^ ^M<f^# ^> ii^»s6R&iM, ^^ft&K^-^isfc-^nUi* �Dissent of Edward Swaby in the matter of the Appeal of Douglas & Dorothy Potter from the Decision of the Building Inspector before the Zoning Board of North Tarrytown, N.Y. September 29, 197K5 Objections to the majority decision are based upon the following grounds. (1) Examination of the petition by the writer shows the petition to have been incomplete and defective in that it does not cite any section or paragraph of the Village Zoning Ordinance. (2) Petitionersalle^ that variance from existing ordinance, permitting a 5 foot fence, is necessary to correct the unsightly appearance of the adjacent Dahl property. This condition existed in fact at the time Applicants Potter purchased their property, since the Dahl property , which has been continuously occupied by Dahl since 1922, has been in the same condition for many years prior to Applicants tenure. > \ (3) The Zoning Board has lent its weight to what is in fact a spite fence and_abused its power by intervening between feuding neighbors. (*0 Petitioners cite in an accompanying letter that other parties in the vicinity intend to erect fences. By breaching the-Ordinance on the insubstantial grounds cited by petitioners, the board has given precedent for equally insignificant reasons to be ^advanced by other parties. (5) Petitioners allege that "I become increasingly alarmed at the specter of the depreciating value of my property and others as the Dahl house and grounds are allowed to deteriorate". Based on the above quotation from Petitioners, it is difficultFio see how raising the permitted fence height by one foot will correct;the deteriorating conditions cited, In fact no evidence in\suppbrt of economic ^ loss has been advanced by petitioners. The above statement can only | be viewed as self-serving, j (6) The remedy to an unsightly condition can never be found in drawing walls around one's property. Failure of the applicants to seek the appropriate remedies to correct what they allege to be unsightly conditions does not give the Zoning Board right to intervene by granting a variance from its ordinances. SSrs Edward Swaby | �PUBLIC NOTICE VILLAGE OF NORTH TARRYTOWN TO ALL TAXPAYERS, RESIDENTS AND PARTIES IN INTEREST: PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of North Tarrytown will hold a public hearing on Thursday, November 13, 1975, at 8:00 P.M. in the Municipal Building, 28 Beekman Avenue, North Tarrytown, N.Y., to consider the appeal of Jesse C. Stackhouse, 19 Cedar Street, North Tarrytown, N.Y. for relief on appeal from a decision of the Building Inspector of the Village of North Tarrytown in issuing an order to remedy a violation of Section 62-23A and 62-25B of the Zoning Ordinance of the Village of North Tarrytown directing the\appellant to comply with the aforesaid provisions of the Zoning Ordinance of. the Village of North Tarrytown in that the said premises do not have benefit of continuation of non-conforming use and that the use has been extended in a manner to displace a conforming use on property known and designated on Village Tax Assessment Map as Section 16, Block 9, Lot 14. All taxpayers, residents and parties in interest are entitled to appear and be heard at said hearing. By Order of the Zoning Board of Appeals Dated: October 31, 1975 Filomena Fallacaro Village Clerk / �PUBLIC NOTICE :;; VILLAGE OF NORTH TARRYTOWN A m ALL TAXPAYERS, RESIDENTS AND PARTIES IN INTEREST: ^TVAQT? TAKE NOTICE that the Zoning Board of Appeals of the . PLEAS*.i££g a r r y t o w h will hold a puhlic hearing on Thursday, . , . Village of Nortn xar y ^ Municipal Building,, 28 Beekman November 13, 1 V / ^ to. consider the appeal of Stephen Kaleta. y^ Avenue, North | a * ^ O W £ o r t h - Tarrytoim; N.Y., for relief on appeal from 134 Depeyster g r e e ^ y £n issuing a building permit for ^decision of the * garage to be used for. light repair work v|t the a l t f j ^ ^ ^ i ; f 9 cedar Striet, Village of North^Tarrytown, in at premises * n £™ p a *visions of Article IV, Section 62-8B. sub-section vxolatxon^of the provis g ordinance of the Village of North^ R-5. P a r a ^ p ^ t J t h e use of said premises violates the provisions of J S r a Z 2-3-4 oFthe schedule o? regulations^describing permitted £ S £ £ l and-accessory uses of property in an R-5 ^strict known on Village Tax Assessment Map as Section 16, Block 9, Lot ±4. All taxpayers, residents and parties in interest aire entitled to appear and be heard at said hearing. ^ ^J?' By Order of the Zoning Board of Appeals Dated: October 31, 1975 Filomena Fallacaro Village Clerk � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1975 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1975-09-29 Subject The topic of the resource Zoning Board Minutes & Resolutions-1975 Date A point or period of time associated with an event in the lifecycle of the resource 1975 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/b62d76eaeb2aa0a36e64c23259bc0ea1.pdf 9b943ecc13deb3b912a98aea06ed46dc PDF Text Text IO<f NORTH TARRYTOWN, N.Y. August 21, 1975 A hearing was held before the Zoning Board of Appeals of the Village of North Tarrytown on the above date. Present James Friere, Chairman Peter Esteban James Margotta Edward Swaby John Arcate David J. Whelan, Counsel Joseph P. Jelenek, Bldg. Inspector Chairman Friere called the meeting to order at 8:00 P.M. Clerk Fallacaro read the notice of hearing to hear and consider an application by John & Emily Reiners for a variance from the Zoning Ordinance to permit the construction of a one family residence on the Tax Assessment Map of the Village;of North Tarrytown designated as Section 11, Block 1H, Lot 6 for a width of 105.06 ft. and approximate square foot area of 11,300 ft. instead of as required by Section 62-8B-5 District R2A requiring a minimum width of 100 ft. and a sq. ft. area of 15,000 ft. Chairman Friere asked if there was anyone who would like to speak for or against the variance. Mr. Barnes, representing Mr. & Mrs. Reiners stated that this has been a lot on the file map in the register's office since 1928 and separately assessed on the tax map in the Village.of North Tarrytown and Town of Mt. Pleasant. He stated that other lots in the area are less than the required 15,000 sq. ft, and there would be no harm done. Mr. Borland, owner of the property to the south of the Reiners property, stated that his residence is 35-39 feet from the street and would not want to have a sore thumb situation in line with that. His house is not situated in the center of the property, said Mr. Borland. It is very much to the north and at one point is less than 15 feet from the Reiners property. He would like this to be taken into consideration where the house will be situated. He has fifteen (15) feet to his line, said Mr. Borland. Mr. Jelenek stated that the house shows twenty (20) feet on each side. Mr. Reiners stated that the residence has been approved by the Sleepy Hollow Taxpayers Association. Mr. Margotta stated that this property has always been part of the original subdivision. The Reiners have twenty feet on each side and thirty-one feet from the street, he said. �-2An affidavit was submitted to the effect that surrounding property owners were notified of the hearing. No further comments, Mr. Margotta moved, seconded by Mr. Esteban that the hearing be closed. EXECUTIVE SESSION , Following a discussiori;of the request^for the variance, James Margotta moved, seconded by.Peter Esteban that a variance be granted 4 from the provisions of Section 62-8B-5, District R2A of the Zoning Ordinance of the^Village of,North Tarrytown allowing a square foot area of 11,300 sq. ft., instead of the required 15,000 sq. ft. and to permit the construction of a one family residence oh the Tax Assessment Map of the Village of North Tarrytown known and designated as Section 11, Block 1H, Lot 6. No other business, the meeting adjourned. Respectfully submitted, Filomena Fallacaro Clerk 1 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1975 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1975-08-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-1975 Date A point or period of time associated with an event in the lifecycle of the resource 1975 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/6a9b9eb9c7f5c910de61bae82c737597.pdf e102523b949ce4faedc1335c126b1034 PDF Text Text NORTH TARRYTOWN, N.Y. June 16, 1975 s\ JO ' 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 Peter Esteban James Margotta Edward Swaby John Arcate David J. Whelan, Counsel Chairman Friere called the meeting to "order at 7:30 P.M. and stated that the purpose of the meeting was to discuss the KFC Franchise North Tarrytown. Following a discussion, James Margotta moved, seconded by Peter Esteban that a restaurant be allowed in the CI zone. Chairman Friere polled the Board as follows: Arcate Swaby - No - No Esteban - No Friere - No Margotta - Yes Motion not carried. James Friere moved, seconded by John Arcate that the following decision of the Zoning Board be adopted: (See attached) Motion carried while James Margotta voted No. No further business to come before the meeting, the same was duly adjourned. Respectfully submitted, ^ ^ 6 t ^ u / Filomena Fallacaro Clerk � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1975 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1975-06-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-1975 Date A point or period of time associated with an event in the lifecycle of the resource 1975 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/7729dd894068be31cbff14b7f4c5a11c.pdf c3118e38a16296d4475ff3189595e565 PDF Text Text \0% ~y IN THE MATTER OP THE APPLICATION OP KENTUCKY FRIED CHICKEN of North Tarrytown, Arthur Carroll Jones j, Jr i President for Building Permit in C-l Zone -..: -Sr-r- »* MEMBERS OF THE ZONING^BOAH) V\-->•-'--•-<:|. . Present'•-•a t t h e Hearing were a s follows: ,4" 4-" James Friere ^CHAIRMAN :?- y ^May.22, Peter Esteban tVillage. Hall? — James Margotta ; "-North ! T a r r y t o w n , Edward Swaby "New York \;-.\ 1975;-^ John Arcate VIILAGE CIERK: Filomena F a l l a r c o VILLAGE ATTORNEY;/ David whalen;:Esq. '-^.i-- £3t™5.i..LE '-.--:--..i-i"Jfc s.-!-J -f-^. -i - a ^ ' . w v L ^ i . ^ i - . "•££=« iS»---,-;i- sK'-kfeS-tfisfe; Svii^^^&ISfeiii*:^ �.APPEARANCES: NicholasTA;.Robinson, Esq. JJ30 Park'Avenue New York/ .,,: New York FOR THE APPELLANT Stuart Mitchellv Esq; 81 First Avenue / Nyack New York IO96O .. FOR THE RESPONDED''"-' �-: • MR. VffiALEN:'•: Good ] evening, Ladles and ; Gentlemen. .' % 1 name" is'" Mr. Whalen.' I am ; >; theVillage Attorney of: the : Village of ' Noi^hTarrsrtown; Wehad a brief conference : '•-...• with the attorneys of the parties who are interested in the proceedjiig. - It has , beenagreed that:we" will "proceed according to "rules of evidence and-' the > CPLR. ; The chairman would havethe right: to ask the witnesses who will5 be'called^ by the parties -to give - ^ ' \ .:; sworn I testimony under the penalty of/ !A . ' :' perjury3":that willrpe:rtain to; the:it::/;::;;^V:V witness!by the parties3-ian^ne tha^Iwants: " --v\ tobe^heard 1 will not5be required to be •>-:-;>:i.;\', • I sworn. There has1 been!anfoccasion by the.•_ '•-•. ;•;; * attorney for taking the'^appealt/The ^; .^ = • * * > • % /"^'^y ': I : do not know how iiLicK.tijKMr. • Mtchell i»r:- . -_-,£ - we-oiigjit to take the".witnesses wH6'have been requested\ torcbtoe ^ herej and testify f-'~ • _ . I^eserrtaMon will takeYaboi^ will"require; thatrisiupjtb him. -• Vthink ^ & J^JS �3 . .first. I believe the Chairman w i l l open • -:.:;_ i t t o the r e s t of "/the"' People '/\-y'/ . ;. ' ;/ (FrankReese,. I D ' Apice S t r e e t , North JTarr^bwn^ New York) ; . :*.; MR. REESE:. I would like^jto recommend . . t h a t wheri'it comes timejfbr the'people ; '; - t o ask questions, you"have o n e f o r and W;,one a g a i n s t 5 / l n other words,, i t wouldn't • ''•'•?: be everybody f o r o n e side^ • _:.'_:j_:;; .>•=.' _•_ ; , -/-;- '=;•;-; OHE CHAIFMAN: Idcm'i'expect .; o r d e r l y . " v r ;';"-'-->-'"- = ' -. t •-' • ;.: -,''.-L..- ./.'-"./: : -7 : > ; ^ : /^M.^WHAIENi^ Anyone wha;isn^ ., t o , \ ':"-"'-.->' ';•'•.."•-"}have• a carnival arid I want i t t o be . ;• .;" / ; -:- -" • \ ; •--.,.•;.'---\. v -//:::_; a resident "of/North Tfetrrytc^ --:-•- : : r • _'. .-'-lie recognized. . :-^' ;• v : : } ; :^^f- - . f:r' v; v ; MR^SOBINSQN^/ I am N i c h o l a s ^ ^ i n s o r i ^ / ' <- '•'" ^ \ ^ i ^ a t t o r n e y * f ^ : * • • . % -/i : ., V ,;;•• have" t h e ^ a f f i d a v ^ ^ f :s / J l : a m now^pro^^^ 1"^: "^ V;;- -s £r;the^ Kentucl^ Fried C^ckeri^ and ^whichrl "? / ^ ; : ~^TT= : ^^MSSsM^ ^ I Q hand up"to ?you.,; : .All'the p r o p e r t y ^ r> . ;' �have been given the notice for this hearing. There also has been published a notice in /.: the Tarrytown Daily News s published by ';•; .the Clerk of the Village of the appellant ,"•-• and the payment of the ^publication 'notice. / MR/;ril?rC}ffiLL: J:-Ohe;'^titionvforitiiB'••" filed, stipulated and ordered. .To.^ .. refresh your recollection, -I will just briefly state.what.pthe. position-of the . appeal is, and'thefdocuSnt that is now \{: :before you for = your1 consideration. As ?" -; --.-' you know," an application was filed by'•:]:; .-.r, ':Gerald;GereMoh in North 'Ikrrytown"dated ?*;. June H3 197^ i! and ^presented plans; for .; •: ajrestaurant with^ared-:arid white roof." A: " buildlhg i^iTOitVwas"grafted for these' -V^;: plans' and this' appeal"wasftaken'\inmediately thereafter the.peirnit was issued, -v-' '''"--/'v. property was1 located' was ^a C-l zone••'.'l^jAy-f^ Now back in 19k6lin - '•*• this villa^^when/the^ 'i. & •^is^fiiiif-i'^sX^ _ - T-^0. ' " : i-T-4ife^£^^'>-.*>i f ^ i-\- *Jr^r *-PKOr£ r A^:<^ifesiviM«S �zoning ordinance was adoptedj there; y was one business zone/ arxi-thei^waisone industrial zone. You -go in ito the restaurant, : gas stations and clothing stores. .. They were in one• category.:. Ihe:witness will testify thatin 1964,^ a^z'orn^ was7changed to a special'*new zoning C-l 3 highway5 T > commercial- was restricted for gas ! stations £l the • zoning? ordinance ? of" the'v^ y ,-,;-• scheduling zoning ordinance provides'>;'£.f/~. ._';.%>''>:• in the C-l- Zone "that*- the^ following ^uses --' 'y.*-..^."" • will'be allowed: V These uses' are: -the^; :;. ; . ^ sale of new GC u s ^ ^autoiiobbiles^ga^ : service station,;auto body,repair shopiv -r ;-X';[ ^public futility? ;• * ";./." development group.v- 'Riese' are examples i_:[ > v! of high^conraercialractivity related to; v.' .: - -.*- / J-T-.- ; vehicular -traffic) and sales services 'of automobiles. : Those a r e t h e tyj^lpf ^ *-%m^- automobiles'[ and vehicular t r a f f i c " t h a t 5,-,-/-:^ /will'' belallowed, fii jifevi^onjo^^iZpng ST-- > t ^ - ? i - T--H-- . r •" •£ym*5*-*4(ijv;f£& — »$aSr ^1-4-SvL- - V ^ W ^ / i - ^ . ^ i W ^ ^ ^ �.6 which was generally commercial are the comnunlty. retail trade service center5and It is.under t M s we find for example banks,, offices, restaurant s, apartment s , and coimiuriity service activities. It'is our position that-the building permit . could hot be issued" for a restaurant in a vehicular zone because there was then exhibited ^adopted by the Board of Trustees s . the 'element that without;further .-discussion,! wiir7bniy draw your attention ? \ for oneother document "that is,'the decision"ofithe Hudson Valley Commission. *. It has created on the/Executive".Law of /._.the State of New York to review the "activity in the Hudson River Valley. Its decision ; is'not bindiligVon you;. However, when -i\. they, analyzed' the laws; of. this village' and -V: analyzed the proposal of .theKentucky Fried :%v J Chicken franchise they came to the 1 cbriclusiori - it was not an authorized use of the Village fi •^j^-^-^^^^^^i^^^MMs^^^^M^-^^^^^^^^mp^^^m^ �: . Zoning vd.thout further discussion, v T h e n I would call the first o f our three witnesses, Mr. Kheeland Moore,'who"appears a s a n :. ;."-' appellant i n this matter arid who h a s served a s a member o f the Planning Board : ~ o f this village at the time of : the . adoption.; . •':•-••' : M R . ROBINSON: • -.; MooreT•'•-;'s ; I call M r . Kneeland -\^ . .-" -:-, '.'•-'" ;;-' : = ••••'" M R . C H A I R M A N : / Please state your : name • and address: .M-. -"/-.-\"-VH ;* / (Mr. Kheeland'Moore, 5 Howard Avenue,"North Tarrytown, /r...."• '"• New York, r a witness oh behalf/of the' a p ^ l l a n t :was /-- • / f i r s t duly sworn by the Chairman of the Board; and t e s t i f i e d as follows:) "":.' \-\; sV : ,. - \-?. :,-/U^": . ?r / ; - ; ^ (Direct Ebcaitiination of Kneeland Moore by Mr .^Robinson) - .. • v'vf,'V- MR. ROBINSON: > Mr. Moore",• ^ v l o n g haVe' j/ou ;^; lived i n t h i s v i l l a g e ? I : , .- :: ; S : ? > - X '; 4> ":/:^-V �8 . MR. MOORE:' Since'1956. Q. And was .there a time when you were appointed to the Planning Board' of this Village? f . A/ Yes,^I was appointed in'April, 1963 f / /by Mayor Joseph Galgano. Q. How long did you serve on the Planning Board? ;h , r i •* : - - A. . I served until November 196*1, at which ' time: I'was appointed for a 5-year term in 1969, •4j\;'tx^'-f6r another five-year term.. _ Q. Are any of the . other•' members who served -; on the =PlannSg Board stm fI living r ln : the'Village?:f •;-.".".."-. ; -A. Yes, sir. A trustee,\Mary,War^.r. i. ; : v • '-•'. who is a member,; the Building Inspector,^ the . former Building Inspector is still.living here in - t ;1 ^town. Mr. Jerry Medantah1 who moved-away an^vf* , =."; ' :; •:,J'-' "two other members are no longer with usiH; ":;. : ^; v: ; r''."••-,...-,".;. Q. Did there come a time during your tenure v •;." when you were on the Board of Trustees' when" you considered to review arid adopt the zoning laws in 1964?*;./.- ; /;1 A. Yes,; wehacl it under consideration at the i . • time I came c« ^he Board, a niaster plan^for the Tarrytownsi .-* - ~*%- C-i"- • J^:^^*-kM±.±^.<&&&&&^ �That was for. a-revision or a revaluation which was the hub of this. It was the desire of the Village to participate in low and middle income housing arid the requirement was that there be a Master Plan. We took a look at the zoning ordinance ; that has riot been : changed"since 1964. Q. Did there in the course of your conferences at the Planning Board when you were looking only at the low . income housing, correct? 0.'v'v *' /A. Yes, That is correct! We went far,. beyond"that. We were looking for a complete plan to .";. .r help the Village agree in the f\iture or for the : best of all the parties concerned. ''•''"' .V-- Q. In the course; did you have any expert ;:assistance? ih. • j :; , 5r ; .,'_. ".-'WO-";:|;: <j,\j . o- Yesj we did. The Urban;Planning Association, which is located in New York and a" highly o^alif^ed'planning or^nization and consultant were -employed to- assist "us and a Mr. Barras of that firm spent many many"hours with us ;f>r? \ working as;a- consultant coming up with the provision;of 'the ordinance. ; *: '-;'•--"- ^ :; H3?>^~'- �10 4 . i :vv , j " jQ. In the consideration for the Master Plan, did you consider the appropriate use:for Route 9 arid .Broadway? '. . £ . r : .: " ; - , ;: "=v v ' ;A; Yes, we did. That instituted a problem. ' :\ .^MR. ES1EBAN:- rwould-lilceTto •''-}' --'- enter into an objection "that the witness^ : "" is going to testify to the declaration that the Planning Board had ^adopted by and conceded somewhere ^ . along theline /_ the Village adopted procedure for the adoption of such an ordinance. ; .However, it is highlyinappropriate for- • :V /.-'•- the declarationTor'partial declaration w M c h M g h t V ' J":-'"WK*Ml-: have taken placed "Obvioiisly- during the course of the declar&tioh^a period ofv. many months, there - were many. people, who, had many ideas which were etnplbyed in the Master Plan arri \ the : Z o n ^ ^ : questioned that' ifact V: that^ the - esjpert s : were called upon for the different uses : of property, different lot1 sizes, Ithijngs »f ~ r-:':r-t,-='r-—'-' ; �of that nature, however, I "don't believe ' -;, § that it: is appropriate tliat we have a one-sided ''?„ ;;;s : ±* view of what those'declarations were by one -*"", _J * member of the'Planning Board when undoubtedly there were public hearings on what was being accom- r :._ h_x 1 plished. I object to the line of testimony this witness is entering into. I refer.to . h ~' you "an4 boardi" the ordinance as adopted. ; v.•; ; : THE CHAIETO^ you : speak about the fecommendation which T you made while you were on the.Boardrrather•;• i '-'• \''-:;.•-- . than give~us what took place withi the 'other V::':/:'?'}/•:* •;;._'" membersiand the peopleV / A . : > '{•-. ---."'-;---"" ;-.": I must say my recommendation was unanimous. .1 will agree with the others.; It^was very definitely as to / ~Y'-- establish a nohe'C^l^wn^ ;:-;_:"'; : ;'^MR. miCHEIAj: :7 v;^:; V;; r I think yourj^' : >/ - : ^ l •<-•• ii*- direction to the witness could have3-- Mj;: li\:l ,S: ;i j v v , i^h^'is p a ^ ^ o f V n ^ o ^ .'., :, V; I am also objecting to"a^:testlnoriy-by^y^vhf " "i • VJ v '""individial^witnesses as to what they y > " ^ / " V-?\. v intended thisfbrdinance to mean as the i" ' - " - • ". - - -" l ~ ~i- * ' • - - - - . ' r- - - - - - -.„-:-*-* V - "' * ---_"- ~ ' - - -- ; -rk» - ^ " - - - _~ - - . ^ " . ' -v ;; ." ' ^ ^ ^ ;i.'--^~- r-"v 'C'T ^,--~ *""--"-:- �12 > r e s u l t of .'public' hearings. This 'orldiriahce was ; written and adopted and i t was clear what . .was "meantby "the: individuals-and what , . - Mr.; Moore~ said was : interpreted by unanimous ,; '?• 'consent by.the Planning Board or t h e Village . t*V»A /• ':• j'•'*•£.'Js.:l . - f'i . ! : '- -;•-'. ; i s j c e r t a i n l y not v relevent and i t i s hearsay. ; '-:l'-;••_',_' ; ^?MR. ; ' R O B I ^ ^ V / 1 1-here n o t ; a s t o opinion, we are t e s t i f y i n g t o f a c t s , the;" 5 r/= fact which took place £-_«••*' ---• I \^p^pf^li^yiaing"^feele^slatlve^ X:: I ;" history t o witness :*tWLs' adoption of Jthlsi ordinance;' we are n^vt^stifVing to" the i n t e n t or s opinion of the members except as you indicated, one - - ^ : ,- ,,----- member i s before ry^:':;;:.wl£t ."we'want ;.-td do i s ' e s t a b l i s h -—._ •;_:;; ••':;- ^ -i recpimiendations were made' from the 'facts />the; f a c t s -* i. : were "considered; the fact t\)kt r^cm^T^tlo^ t '.; . {Cwer^to J : . . . ,-';" : -;t L ^;^ Board i s e n t i t l e d t o hl^e them 7 s t a t e d b T : vy •'/;;•;"' .-s" "/"' ' ; •%-" v :?-.'. ..;_ ^ ^ J THE"CHAIRMAN:"-r:You'-seeV^^ me inte^rr^trybu'a mijTute,Tithe zcfiijig;"' • ;^- -•-:?----".. "•-:-:<: ••'" V ^: t i s very plato'inTwhat^they have cone;up•';>[• - \: ;• ; V with h e r e ^ t ^ ^ ? i s what we^a - 4 # a - ^ i . i i ^ n f t ^ f i f K2+j ? TESS"si&* Js3* rl^£- sgsS: iS*.- V'sia . - - ^ S S J S » T £•* jNi^iisiUiftSr3£^^ ifltaUE S ^ - ^ f e S r ^ ^ ^ ^ t e ^ f e ^ i r s l ^ e ^ ^ ^ ^ &#a5HbsJFi«^^^ES^^a^sE3giE»';6^g3.''» Jui^a^^aft^MigBiil , J r,--i«?' ^ ^ �;-<-. MR. MTTCHELL: Sorry, i t i s ; .customary where you have certain questions;;, raised' about services, i f I understand,; migjit ; include ar food service, tofexpldre what ' v '/ he was intending at the time when the word; . "service" was adopted". AllHhis;: \- J witness w i l l t e s t i f y about t h e r e , would ." be recommendations to change : the - zoning t o - a -;; r e s t r i c t e d ; automobile t r a f f i c j servicing c a r s , / that recommendation was"adopted, ail"he %y.. .Vj-had'to do in^two or^three^ iin\nutesi % tell -" .;.' -4fyou arid then c a l l for the next'witness. ; :/;•= "7% %\4 THE *CH/ffiMAN^ Alrlgrit;>I -will 7 ^ V- ... •"' entertain that!v- r '7 •'•"; -:y.-\.7^717^7 7>v/ :. yj ^ ;7x /;;:l;v.7_.:- . • MR; M3!rCH&iL: i i S i ^ - g p ^ ' t o . p l •' ;--• .•'agpee with your rulihg. youarid other merribers:of I w i l l 4 j u s t ask -r*-'••: -7 t&Bcs^:-^^j-;^-i'yi^}s---_ 7 consider the fact that. the reccraiKniatioris '• a r e ; 7 ] to be presented- i n l evidence r: 2 The ^ecoiiiiisTdatioris ^ t h a t were made t o Ithe Plann^jig BcSrd^dr 7^77/7^-7 i<4;i-k' ; J:^-^i#Jg£l^^ �by members of thePlanning Board, the members of the public. The only.; proper /,,-'way to submit that f o r m a t i o n to this Board is by the public record. There were of those hearings; I am sure these / .. ••'"'• men that have met" over the Courts : have kept records/of what they, discussed back in -196k.', . ,r //. / : l a m sure there are aiso" records".,.-" ': of the '.- public meetings where people : -,: • spoke''about thereconiiienda^ .think it/is positively thatV you : wantto /: / .look at the public record "instead of, a /: . " /;, ..-"•, •-.; : / /maiijerof 11 years -later^/;; x ••.." "•"-. W'V^;: v " - - /:i;/l :)/:fi--I^^""i^BSS0N:-;/ffi'records^are3 -. V^:-^ :////:/g° on£to the'twb or/thr^^^estions^i =/>^r; : : •; . •;/.-> " .'.-"/--; V' :: ; -^-^SI^m\ ^:V Didlthe1?- ^/ - consultant make r a recommendation^to/the' H a i l i n g Bo^rd - 7 regarding use for /this area'ori Broadway ? and Route 9 -irr"-:7: >7 the;village of \ North !ter^own?^;V/ } / ^ - ^ t; / / <vi; -/V > - _ '-- \i;/x-./v-vr~--A-V. ^ /i-fc^wt �M ; MITCHELL:" I would like '.'.'* ,to enter ab objection to that Your Honor. A; Yes. "•••-," MR. ROBINSON: I understand ; "'-•'you have a:. continuing objection/Mr. ,-"::;- -.;\•'"-..: "Mitchell. -'*, '•'".";' ..;:- .-" .-••/.. " " '-:^Q.^:;y^t"'was^the-rec6riIrerK3atiori? . . A.. The^ reconmendation was to be a separate ; zone, ; C-l for the "purpose of automotive and / related services; for the purpose of traffic and planning " of the Village'as.tothat use . of lar^-would.be ;; 'yX: for both residents and merchants. /. ^ ;' '_ ^':-; ^^;CH^imS:f :.•- /•"' ;; t'r::; ; H a Let me interrupt raLriute.s^I think we;are'going "overboard : ;->f . w here,: we "are talking about things of " r •-.• ;_•-.. : •;; ^ "" years' ago; wlich.wejshouidn' t be' interested in* We> should be" interested i n " w M t is:' -; ?-j ;V(• V in'this-.t^kV-s .ito'-;i&en^t'i^t.;tobk';y-. '* V--j :v ,- \- "::•• place"-;between;the';members;of that jbarticular :; ^ ^ v ^ ViT^^.^ifeaiii^i^^^ -iwwsr' -^ �16 •^- >';';is-thevtin]e and:place to^take it 3 : 1 • the book speaks for: it. "Let'us hear the /-. legal points of this particular trial." .v ; : •-. ;^- v ^ v R ( © I N S O N r Sir^before I can " y--\r ;argue,^before you'•"say themearring of .',.-'-*".: this, there, are certain facts 'which you need, one of the* facts there :was a unanimous recommendation to: change the zone to eliminate any use except the automobile \ •' use and ^ that = was accepted by-this Village' s duly appointed Planning Board-and :;; adopted by; the" Board of Trustees and individuals who actually passed : on : those \ '•, two adoptions are here thisr evening f •y-'l ; -^: x '< /'.to' testify. Trustee Ward is also here ? • -'.-. to testify. •/•• S ^ ^ - y ^ " :v r; • /f ^ ;;.";- ; '^\V; - '\ ^ .'you one. minute more, sir _.\: :; i;V "'~^\-!..>;• ;: V -' ,,: Board make reccflmendatiohs withi respect to )Brqadway Ito y: yj_;•:••-?_ ''A the Board of Trustees? ^k3s33Wk&''K^;>&£i£^^ -.'".";''.. '7:-\f-\^1\>:'-'-••-:/M'Vr::r-''--"-^'J^-,ys X •s-i-yr: �A. Yes, they did." "- : 1.:.^;.^ Q. T h e same recommendat ions? ;;: A. iThe same recommendations. ; :",*." \ '.'•;.;"'" . .- - M R > R 6 B K S O N : ; Thank you. ; (Cros s-Examination: of Mr. Kheeland Moore by Mr. Mitchell) are a property owner in the "Village? /./.' '-'-•-/--i7'\:- •-;.-/ Q. vWhat is your address?: --W-/-! '^"';V v v-~:-./"''* f-V .-";::. •- ; :';"A. 5 Howard Avenue. > -. - ;: ";:-v-^;.-;;:r ."•"'-..."'--.•-:-'•- V, Q. How would I get there'fromjthe"corner of B e e l a ^ ^ a ^ ; B r o ^ w a y ? •. -J - /-?iV^*^ ,: ,? ;. .: : • : A. - You: go' up Broadway to Phillipse Manor, 5 or 6 blocks you turn "left; A v ^; -:/--. i-^-^v, ":'•%•' ^ - ' :: . .;>: Q / About how far'>'; off Broaciway would -1 have^to ^ r go? A. Six blocks. -_-;*->:,' - .-/^l|Yi/.:fcv:.v^;v4^Srii:^^ '~^4gi'^a �v J t \ Qo Ihen or left? ;•••••• .'.., I would have to make a right ;.; v .; '.--.'•_;.'; A. A l e f t ; ! am rl^it near the corner, the second house in. , r Q. About 6 blocks up Broadway? ."--.. A. Right. . Q. .. You have owned that property from what period of time?).• "'-•"". ••; A.- 1956/ .-..-; v_"•;•';-..-.\7 777.7"'.' "' .-.-.."---'.. _ Q. You 1 lived there since then?' -". A.:. Before then I lived inNorth^Tarrytown. ../.--• Q. Mr. Moore, -youfeel" that theVreal property ^ ~ you ; own would be adversely affected iif-economic value in the" event' that Kentucky" Fried Chicken would be"builtv Sir? ',- -.;y\ '.. A. Yes. .":i~:" i-.-/~ . ,-.;;' •", V ; ^7 : '- •'7"'•_. '.----7-['.}•/•.. V; to you? Q. You think it would be "worthless money -"-:•• ---.;.. _ _< . • ; ";r ^: ^ 7 .;:. v -•-^'.~\:v A.:-' -Yesi"' on= the basis -that it: would" open" up"the " 7 ; zoning in this area for not "only Kentucky^Pried Chicken but for all other;typesy Burger Kirig^Carvelp Dunkiri11 DoiiutSi the whole"village willdeteriorate7~;I;don!t think-that;; 7- •-*?•* =2.- 3*»*ls& ~ 4 s M i : - - ; i ^ ^ 4 ^ ^ ^ i ^ ^ ^ �'is going to help "my property. Q. You haven't bought any, property ^except your house? A. You are right. Q. You haven11 sold any property in the Village? A. No, I have hot. Q. You mean to say that if my firm were . permitted tov build a Kentucky Fried Chicken tomorrow or the following' day } you wouldr put your house on the market to sell' it for less -thah!you would today?; .. A. I can't say that;---'-^ .-,C.\--; '.J. ,/>"~'\ ":;.\ m.'linnXXmJL: Moore. ,// ''•_ ; ; : ,: you; Mr.; •"/•-->"..;•." •-; ?• . f i/l4R.?RcfiDOTf:'" 7 : -..-.--.,,.' -:Thank \ "'"-._._ % nextxwitn^ssT ;<""': w i l l b e Mary\-Ward; 26 New B r o a d w a y , • ; North Tarrytbwn. —•; / , . (Mary Ward; 26 Broadway, North Tarrytown, a witness on behalf of the appellant ;was5 f i r s t "duly sworn by the'Chairman of ":':ly the Board:of Trustees and t e s t i f i e d as follows:) : /';\ . -.r- = * - - C . W ! ^ ,. _.JX" _£„ ^ _ ^ . , - - jMmmmMMs,MMm&^mmiM^Mm^&M^m&^^tim^i^m^m �V TEE CHAIRMAN:. You are testifying under ; oath a Mrs. Ward. .'».":•- : : >""' :; MRS. WARD: . Yes. ', . ,'' . .-,.-,-.; 1 MR. ROBiSsON: ; You are^aV ". "-•"".-,-> ..._•---- - ;••.•,/', residentfof North Tarrytown? • A. Y e s . '•- -;;-. : ^ : / ^" >\ .-'; ' Q. How long have you-lived'there? -V- A. Since 1921. . - :'•'/-'". ' " - ^ h ^ .'"•; J ^ '.'.'''••_--•-- Q. Was there a.time when you were elected ;\ .: by the voters ,^^ i- ''_ KbZ; -' - - -A" Yes. : •_..-. ' ••""= v^--V"/v,-,;•. \-. .•••;>•.''."-.-.: ^ ; .-/V.V" /.._ Q. And do you r e c a l l when that took place? ; ; - /'•..-•'•- A. 1962;--and then throu^i 1967^ ; : . Vp , ' v' '"';> .V: '-i^i- ".;> -"::-'.;!" '-A* -And JDU served as a member'; of the'Board' , of SIfiusfcees i n those years? " ; : V:"S V--;': : ;W ^/;1 ^ • : W ^ - ?; :-: r '^ A. Yes. , -r -.'".' ;/\.'. ;-;..J'-^. • "-'v_; -f'^r: 'v -; ;^^ _,^-''- :-/^:\':-:: ^' - y' -'•;;--. 7 -; Q. ^ And during that period of.tiiiie^was there, a recommendation made to-the; Boarcfto change the zoning (. "ordinance? - ^ : ^>; -'.;'- = ; . . ;, r ',.;- , ;:^.^f:- •; :'. \': A. ^Yes, as stated:Sefbre-by ^."Mbore. ''-:r<\ •'"' '-z"'-=?K^.v,: :;: J S ^:>Sf :: -v: > ^ ; £ ^ -r^^W^W^y.^ �21 •-_-"-; Q. :The Plaiining Board made a'recommendation? -'-• A.'''':' The Planning Boardrmade a "recomneridation. ; . Q.. Do^yoii remember.'what the recoiimeridatlon was with respect t o the changing of, the zoning ordinance : on Broadway and R)ute 9? A. .Yes, i t w a s ^definitely automotivef services. '..•*v .".-'_: -, ; MR. MTCHELL: Your Honor.'- \ i ' ODjectidn, ".1 .:_ •'•;•. """'•;;"••'.'' •'& •' •:""':"V'V- OHECHASSIAN::_Yl-'^"al^d"?coiimselor' t h a t we are getting i n t o the same rut-again; ; ^v' "' . ; ' ? iyfi3SB3&Nf: :t I w i n ^ t M r a w i t , •• v Your Honor. : . ? : . . ^ -'-.\.--.. SV->V; Q. Do you r e c a l l the/Board of -Trustees f ;? r -. adopting a recommendation from th^lPlanrdrig Board?; -•'"•_'v-^"offi'OTASMAN getting off the beaten path again;%we : are asking questions -thatpeople already - ..: know. .:.;_-•'""".-..-.'.._.""• . ^ ^' ; . ; : ;/-f>- I©; ROBIl^ON:; Asrfarlis we do have ; the facts for you ini the adoption.=^;''";•_:• .: ,^'GHAIiSwN:^Biat we all know. = : �Q. When this was adopted,^did you live where you live now? '.- A. Yes, Idid. / . " Q. Would you describe that in relation to both Route 9 and the corner of Beekman? ^ A. About 1/2 block from, the corner. : MR. ROBINSON: Thank you very much.y You may inquire. ;: (Cross-Exarainatioh of Mrs. Mary Ward byMr•;;;-_Mitchell);••."' : ; 4: MR. MTlSiELL: : Q^yMrsy Ward, :,} have you lived at this' locationIsijice 1921?;\ :-:: L •:: y A. •"•'Since'a935v^y : :1 y.;>^''^j:, ^W^ yy; Q. Have you been a resident ^ of .the Village since 1 9 2 1 ? ~. -~ A. f Q. " ' Yes. : - : .'"-.:'] -".-.'^^/\"'>^'l/^y; -:' '•'•^'•>yy"•'•-.-- '.•• ^/:^y y., Are'fyju familiar howtheslafea on Route ' 9 lr •[.'.• T s t a r t i n g a t the corner of Beekmari Avenue and gpliigriorthy---;-• have been inproved'since 1921? -~-\'-~:_-:''-•'•• :" vy-'y'-y-^v'Xy "-'"-" A. ,Well, improved? :-•> ..;_-- >• y \ . : . ' r ; :i:-S_'.y:y'" '> �23 # MR. imCHELL: ;-'"-•.'.-.•- : : '".--.-. A. j-What p a r t ? " ~ ?: I / ,;Y;".'.. f-[;\ .;••_•• Yes. : ^(7V. M^MITCHEtL; Q. S t a r t i n g •: a t t h e corner of Beelonari Avenue and 'Route 9^ what was t h e r e ? , . r7v i -. :; ; ^ V-l ; _. . A." Well, t h e r e was an o l d " b u i l d i n g t h e r e . l7 Q« You r e c a l l t h e ' u s e on ; t h e : northwest corner, right? A;- Y e s . ':'.';'••;•••' Q. -/..-J A. .(•/"-;;'•'-":•'• .:v ; Q. ."-,. --'i~V-'? U';-.,: m . : MCTCHRTJ,: ^ Yes. T r a t w a s Leviiies? '••/"'.; r . Definitely. > . ;? V; >;f :: ; : \ ^ : r 7 / . :- i:::.-^ "- : / .^;^M ^;>;> ;t-;C :r ^V v^ ;" -,"•'.- V ; -"> ^ Q. . How did t h e u s e change? >:^: _ A; ;; They, sold "ice-cream cc«es t h e r e . / - . . After t h a t i t s use "changed? V- A. ^ 5 ?;/ :•----/•-.' ,/-: V£; ~ M[ - , ~ , . f e \ •: "'^ ->;-W. Q. _.. . / • =^ What was t h e o l c V t t h i i d ^ Yes. . , '-:..." W ' - ^ . " ' v A. %i^ y'--"':'-; ••--'' z/ A..Back in1921? ;; : ' . - , • ; ' '•'[•'. . ; --• ^< 5" ;? r' - - - ;V fri;:^'^ Weiiy a t some time i t ; m s a t a i i o r ? s h o p . : �2k • MR. ROBINSON: I must raise the same objection that he raised; onlyit seems : to me it is wholly irrelevant^as to the %r"questionof what tHe?'-'zorixrig ordinance means. *.'?• '} / —; >=fWe ; were' providing the facts of adoption- '/"..-. what was considered, v^t'haippened'in 1921/ arid'he -:. jv:"'; \. pf ' = ''• . =-M ':'y should call his own witness, -it is not responsive *•••• i > tO t h a t . .'/.//_. ;M , "-':\..' .... •".••-. . '. - ". ':~*-\. :"/; -.-;.;-'• ''. " •-™;CHASlAN:''. i: a g r e e ^ t o h l ^ ^ s i r / ;; ' ; - v \ ^ V ' " ™ ^ ' ' y ° u change your, method of Questioning," s i r ? '""". : / : >^;/: '"•='•,.- : '-VRy MTra&SLL: Q.'l>oYoavecaii^;- what was most recently conducted a t t h e northwest corner "of ' Route 9 and^Beekman Avenue,'what kLnd r 6f business was.,:y .\ •there? . ..;/ \--r-'./'y '.-"'-"; - - .>"'- . ':'•'•' ;••/--:• - l v : .'.; : /"^Mi V;" •;,-.". A. • •• was t h e r e . "".;-'•' r-V';; ':i'':'- I have often wondered [what kind ; of business •. : • ."'•','-•" - ->/ =-.:-..-/-:;*-';''.'"•'?%" "V.-. .Jv^OV; "-;,':-"•--'" Q. What was i t extensively?.. / • -A. You couldn't • prove anything '-'-•} \ -'•:': -K- <• ^=7^ := : ^ ^ . : : :. b^we\/^:.:^j^: \Wi.;m^ l i n e of testimony ; t o ^ e l f t i o f e i s * i f r ^ what the zoning ordinance means.;-y.-f j£'--;'.-;~->f/'"-?^--'i'-':^l;|3u' . • • / , ^ ; . - v i > - 'k-\J ]• -> :"V- i f '"'•-'''"- �25 r '~5 =.--:-."-"-; MR.'MITCHELL: I v/ithdraw. . '-- ; '"'/' ,,.-x ./\ v---,* v^Yv these questions, 1 have no further questions "•/•'^ ^sV^war^..Y;Yv^. ,:;- ; ; r •r - ; , - willybtrplease; call your "next witness?' (Seymour C a s h i n g 6 Terryhlll ? Road, Tarrytown, New Y o r k ) X (Seymour Cashiii';- a witness • on behalf of the 1 appellant was first "duly sworn, by the ''Chairaah"of,.the"_Bosapd^of •" ? Trustees and testified as follows:), :;;:": -\ % : :,: (Direct Examination'of - Seymour'Cashiii^ byMr." Robinson) .W:\:v::-::'"'•-" " ; ^:^/tm.ROBINOT : > : '-; '•'••'-,;,•;"=;. ; ;Mr.; Cashih as anrexpert witness;: We have the ,::-::. ' vehicle report ^of the.9 individual- day, ; I svY . will Iproceed to"give 'a^copy,:to;Mr; Mitchell'~:; -.-V*-'- v •: :\_ v ;Vartfj$*TiM . ;...^..-""'": •"• :•.': "f: • Q.' v- Sir, have r you seen -this 'do&pent before?:;]K .-_.'-Al..';.Tyam afrald,iSir 3 I did. T^yf /fo^^j^f^^:v^%£^^^ / Y J y \ ^ : • '':\.'-; v - , ;r.^s- -f - �:• Q. Is this your biological "statement of v- four pages? . --•'"''-" = ; --/.-"-" ": ' •; 4-;'-= -1 A. Yes. "';:•;• • - . . - . ,• Q. If I ask you to restate all the* facts I of; this biological'statement would'you testify as set forth here? "': : • A. Yes. :: : / t ":• - Q. Sir, nny I ask this be in the record as " a'qualification backgroundias an expert, what is" your . professional training? -- \ A. Training consists of Ti^s^rtation'(^mmssioner. Q. As a Tna^^rtation^Ccranissioner,:what other things have1 you studied? ;: v '• ;-. • A. • Public transportation both highway transportation arid traffic. : : ;; "r. ..'-•-"• -"%-•*.> '"."-^.-" '"/ ^ Q. You have studied the^pattern;of traffic flow, .- •: have you?;. A. ' ., - . - ; . , ( That i s c o r r e c t s . : W ;..•.,'."- "•."•->:.-.. : _-'"-' i°: / ^ Q. Are y?u familiar' with ; Route'9 i n t t e Village - ^ ^ of North Tarrytown? .-' - A •'-.'•';'\-:f.-'-\r. ' ' j O " ^ . » : Yesi-I amT ; .-. -. ';:U":r../.--,•"•" ;\ Sy: : ""O" -- ^C: ^ n :' '; A: .^ �Q. And are you familiar with the permit that was granted by the Building inspector of North Tarrytowri for a Kentucky Fried Chicken Restaurant on that corner? \4 -=? -?. A. Yes, as it has been described in the • Tarrytown Daily News. f^ r/ / ^ . micmilj: I object to any furtherr quest ions, Your HOnor,. I don^want'to point but some of the inaccuracies of the press, on occasions •-':•- it is hardly "a" basis for an expert to .;. render an opinion frOT a newspaper article. ,. m^RGiSsQN: K we will •; -'./ ; withdrawthequestion aid I will direct ,;_.v . .: -„ -."•: the attention" to the "appeal that ''•::. -.;- v.v was filed withrthis Court with the plans - filed with the building injector. .. > ; Q. Will • you examine these plans and tell me " when you are finished looking at them?'.... (Witness examines the plans); r^. /^----.^ss^s^im;^ ^_.™*--^--l-^ C V^^^^^ ; ; V ., - - A; :r#; ": ' VV'; �; '"."""'• •'-'•* "" ' A. I "am satisfied/I; , Q. What kind of restaurant is set forth in those plans? '-"".'••-•_.--v . . ; • - . - v 'A. It : is' conmonly — .': : ^ .> .- y[ MR. MITCHELL: Objection. I '•---;:,. think the4 plans speak for itself. It /•':.' ' /.. •;-•.'•• ' I , ' doesn't require any expertopinion--_... or does it need the "witness to read from *. 'i •* •'•"•-."": C:;-\ r ; the plans. :-.";i •:. Q. I have asked the witness to read (from the plans. In the course of your expert work a.s \ a ""• person studying transportation/ are youfainiliar withl'-/-'- Y' the buildings and (the traffic demands that those buildings on adjacent highways and depending "on what7*they;are?:; ;: '- A. - Yes. ;' :- - : ' -^\.; ^r; ^-f. ; " - :^^^. . YQ._'.:-Are you familiar with tlie s^tethi^rcalled "grass root : establislxnents?f r Y-ri-••'•- '---"•:-•'/• Y : Y > ,: : Chairman^* IYIo^^ -V ; / :- has with the" M Y •'-;"".;: -T : ordinance number 1, number 23 I dbn!t seeY ^^sv. �29 what characterization is being made of the : building that is being proposed here. ;._;._'- . •; ; Somebody might''; call it fast foods ,v somebody might call it a slow food, depending on< v. : , : :% . t h e service, I don't know whether this witness^ is qualified to answer what it is, fast food restaurant, r ; or in' any/ event;' it has nothing to do with what -. :•::':." .'•'' it says in• here. ;£};::. _ •'"-.."-..- .'-•-• '•-•- ^.: : RBBfSQN:-.:'I w i n be: glad; ^-:r . ;. ,..; to explain:First of all,' fast foods has a term • .!"in villagesand the:'county I^ve adopted /-"'. an-ordinance of fast foods., ; : ['•.'• '"-••-"-.; THE > ^--:'.-- :, : ^; "-. C H A S ^ V we know ail*of these' things have/taken place.\•* I-'. } .r: : /don'twant to s^'t^s "m^ti^'cazTi^'oh i^il; J; s. / -• /two or three in the"morning. * Let us-1 come up }•.-y.">>•-:-" with something eonrete. -j-'-V; i'r- |-.^ . "'•;••" .s'• "-: "'"'•* -' -;~ ^;/, ::v : v ;_*;_;.. ^ ^MRyjffii^ffiN:¥& : . \ I wfil^omBy?'.'-'""^:-' ; S ^ - straight "to the;point. What /we are trying to£doJis to :^,. / , : •-vvti-/'^; f establish a?traffic p a t t e r h ^ b u t a s this!permit would;allow >/ opposed to ttie;parking I6t~;that is^there now.^^. ;; i ;=:y ;; �30 .THE CHAIRMAN:;I think we already have '. that. here How : from the Court i '••'•m^MTRMJ.'; If there is to \ be any questions as to what the traffic is; I don't see what that has to "do with the ; zoning ordinance. When we applied . / --' to the Oburt to have this hearing restrained, * the Court indicated that'it* was the - 3" > , ^ .'?jdb~ of this body.in'".the"first iristence >: ;.: - r. .to interpret the zoning oidinance,',;•-'. : •--' /-,',/•._ ? • • • • ' • \ ' - — ' •':••'• that is a l T the -Court decided. Iliey > said tfisBoard was -to decide what the :••-•' r,i zoning said. t'af _ %en T tne;appeilaht any; complaint | we" shall ; ^ and'arrange . with the" Judge.- It has nothing to, ;f"r ;> ;; ;"; •tdo with^trafficV Assuming for :argiiientssake^ which I will'deny3 assuming this business ; brings miles of cars;into the r " ^ >:i7; - locatiori^if it : is permitted here,' ;; y % v ; it is permitted^-'okay.:. ; :".\ '.';';"-- ." \. ;:Al ' ?i- ; . ir SM CHAIRMAN: That is my feeliSig.j;; V ;? I think we'ou^it to end that line of ^-.-j ^ •••/>y_ questioning,- please, c \ . -.; i\^; =: V ; VT;; ; �MR.l ROBINSON: Q. Sir, if I make a statement for the" record, an expert's opinion . as to wiat is allowed* under the' zoning ordinance '.i as to the difference, how nweh trafficYk restaurant, ., a fast food establishment generates as opposed to a parking or a tire sh^op,:is relevant to'the safety and other specifications that the-'plahhing board are trying to protect when - they adopted' this. It : is •. . - our • position,\that there are good reasons,;perfectly good "safety reasons why' the Planning Board and Board. ; of, Trustees chose to - eliminate * all" of it''"so there ; wouldn't be a completion in these two kinds of establishments. "':-; '•.:;'-V .... Q. Would an automotive use of • this property" as you heard the witnesses testify,"_• a . vv. tire shopX"a gas-station and etc. andfproduce a less traffic'than ^-Kentucky M '-.'•''• .%•y 4 /' /[_ •-;- "7 r .-:••:"•';j. judge. ?Now you want to-y> ^vyy ".y- ,,y ./-•...- ;"••.•"...''. put another gas station '-. there, I think :K^ y ""; " .-?''"'• ;"''"'" -•-..•• that isv: but of order/ "We k n ^ y B > : Y; yv: -V.B y^M^/,^ak-^-p&&#?A^.r ^ ^ i ^ M ^ & ^^^^Mi^A^mo^mM^^^^^y^^^MM. �32 . that there are gas stations and . garaged all ; along that-road, that if ...''.;:."'" you try tofget thrqu^i there any r other time you get • run over, so put another garage there if you think that r is-right. : -/"'--"' M.^ROBINSON:-That is why"we;.*\ ; > . ;;- '"";..' don T t heed'this fast food establishment : there." .":"-;.'-'". ; , - ; :.:':; : . . MR: CHAIRMAN: 'Suppose people who . '/ •".: v { ^walk upIthe"village, -that doh f t drive,-what i do you say to that?: V;--"^>:-::> :v:\:.J;isi "-" •-;";?£•_:• •>; ; ;^;. .-,'"'../ ,r:-/ : . M.jRQEG^^ ; -"_'."•' :he is the expert,?I am^ the - lawyer. / . ...-/•- Q« What-.is the pedestrians difficulty oh this\.:: corner right now, as ybuYsee it ,i as an expert in""TrafficV;V> vTransportation? V-. •-'•-'.-'•/'^V , ' • ^-.|5;V; ^ : ;/.^; -,.-• MR.^METOHFTJt":'-": Beforelthe^witness/ ^;- •r is permitted to answer the 'g^estiongiviiig ? ""•:\ ;X his opinionfoh'la-question based ori his-V? ^ 4..:.-" :.V *••" - expert opinion, - may 11 : inquire whatvwe ;%v t -; i -:. uv-? ^i^,.i.:^j^^^^ �I. 33' call a voir dire3 to inquire .M. a little further on the witness's qualifications to answer the question. ^:; ;/J: I^.;HBINSCM;;; Mr/Mitchell will' 1 , ] ; have: a chance'. to ask questions. ,/ X X ^ M R . MITCHELL: All I wainXto do ,.-'." ~ "is ask;—--%,-. - :' -•'•" % • -;..- v.XXX^^-CM^ '•'-"--• <- 'a^-. that arid~getV6n witlrsomething else. v. v\ . '*"-•' Q.y whata^^ 'brrthis"corner, sir? . v .;. . " :; : ;Xv"''..•-' :'£V /-';;/ ./" /A. rlt'really is a hazard with the sole exception of those coming; from areas \ to the north and west: of.. that corner/ and anybody who"; has to cross that? intersection to gain access. to" that property is - inr danger, basically ;' \'Wbecause there is a3jipst continuous traffic, one car •-'.". .-^ after another plus iiMted-visability. .;". ,•;;•*-- \:\*.;X?Vi X ".-,"'' X X X ; f*^ '..V yj, lyiR./RHINSQN: ;• For tferecoil; ; - X / : .-'•".:"-': . :'-"V^_jSl would!like"to "continue: ^th^hist? V;' / :"^ X:-:'Vv-^X>^ •;:-,--.-:- ?> ':/:I would like to turn itvover,t:6 Mr. Mitchell. •Vw--?.^.- •k "^J^ife,..****« ^ * ^ J W ^ « ^ ^ # t % r ^ ^ ^ 5r-»*iL'j£S �(Cross-Examination of Seymour Yashin by" MP';-Mitchell);" -•.;"- MR. MrrCHELL: Q. v As a Transportation Commissioner, did you study engineering or building? A. I nave taken some engineering ""•• courses. - "- -.-.•:-" . - _: Q. You live in Tarrytown, do you? --..--:. /•/-" -':>. • A;- Correct." ;, .___'•-- ; - -' : : v",-•'-.*..;. ;.V.-'"\_ Q. Are you familiar'with Route 9? ,.."-..". A ; i sure am.;/ v* ;; - ; v;,- " . ' ; ' Q. : what is the'traffic'count at the corner of Route 9 and Beekman"Avenue?\/ '•'-:'-.' ~:'.:-\ - A. "I can't .'give you the^exact n u ^ e r , you .. can take it on/a daily or hourly basis. 1 *'•• /; Q. viMr. Cashing isn't it.true?that the State " of New York conducts "traffic counts of the "public highway? "(No answer) % -"-,"/- :: ^ ;^- ..r^ r ; ;;, -i - /; v_- Q.i Wouldn't ybii think t h a t a s an expert who i s "going t o give any information to'.the faraffic - . " ;; : •? conditions, you'du^it t o firid' out what the traffic;count = i s ? i--.-.i-^-2g>.-A*-. - ; -»•'* jri r*ia ~~?~~-i --rf. iVr. i^;i\^*>.---X::-- ,%*-. --i^&y^^fci&i^tife^ *» �35 A. T made a visual Inspection. . "V . .;"',".'"'";-!. to this. -'-:•* Q. : , By..whom are^you employed, Sir? A. t Frankly; I don't'tliihk i t is^ -_'|--.J•'</•• I am a consultant.: V" Q. :? Generally, you are : with a --. consultant ; firm? . . A . v .;---V'. : v J:/" / .''-'"'-:. make that visualfcount s i r ? . . Yesterday., .. ;•-/'"• - ; ' ";^ Q. vWhat^time 3f day?' . > . ; ." ; V ^ , - ;;/'._: '•'.;. .• "W -.r-" ^";Vi'-- A. V I would say it\was between 5 and;6/ and a ^ i h - t h i s morning approximately 8 o'clock. ; ^; " ^. "Tv; A.^ For approximately 20"minutes. ' ' V -.-;-; ~Q.V/Ardryou"are p r e j ^ e ^ ^ o r e M e r opinions ' as ? t o t h e t r a f f i c a t t h a t location:on 5 a seven' day week ; >" b a s i s , 24 hoursa'"day/-based on^ thos observations? , -'*' ;. / "•"" T A. vYe's.:^ ; ? ^ y.-1 ; : >r . :- "-^V;^ : >;\V'^%-•- v- ' ' ;.- -,':-^H:V'-^'> ^-;-^ - v -.;"•" /• : v m ^ i i n S m V >v&^rI;questions.M7 ? -!M'^Wy -"/;v!-K:^""^;^> - ^ ^ 7 ' ^ ' - ' / ' - . ^ = : ! ' " ~:\VVV - ---* ' - • • V ' r . ' - . - V (Re-direct examination of ^ y m x j r C a s h i i i b y Mr. itobinson) • - - ^ - *•-$_ >Mi^:lr.U^igl �"/•::\m. ROBINSON: Q. Will you explain oh what basis you made your traffic evaluation? :\ ' - '^mSmnxyHELL: IobJectto C y ' -'-'_-•; the operation of the witness1s mind. .• We are getting into police work. THE CHAIRMAN: You say; . • .we are'getting into police work. If there . : is traffic there,: it: is "up to the -: -.- • . copsito take care of it. Let's dispense • r --V-?:--.-"' •'•";• :' "' " •; with all "that. \ .,; •.'-'''7-(J'-'' \ W M R . ROBINSON: • We are finished-;. '_[ ";- :; ; ; with this witness,>= sir.'"''.'•'•r-\::[: : - , :.; ,: ^ %; //MR. R Q ] ^ ^ ..;•--• "^'/•:'-:-;r-j4.'•'" the principal''"case]>-l would"like to state .-"'•"* ' that it is the positiorrbf the -y appellant here,-thererare'no new uses .; :: and there has.been ah-adoption of this - .:•^^? "zoning 6r<phahce"ih;thVC-l zone. ; ; r y W ^ e ; •are a ^ - } ;\ f. V to automobile j'and the Kentucky Fried , '-:; V ":,, CMqkeh is not a legpl use'.in this zone. r;f;; ;-r:\.i �It might be a legal use elsewhere. • It mi^it be a le^il use if you came r: down-from Beekman Avenue Farther toward the' school. It Is not a legal use on Broadway. I request this Board to overrule the building inspector and have the permit "revoked, /What is proper, Mr. Chairman, and what it is now being used for but not a restaurant and we request that ; the permit* be'revoked. Thank you, sir. . -: . -"; MRM ffincfii: That your: total case? \ \ •-"- MR. ROBINSON:/' We' reserve" any^ } / _'. fi rebuttal,'thatis our,caseVinvcMef*.';^:; ' befbre_,ire"''^t""'int6~6urVT!idt^s^Wi^tte^ is) a column I would like to point - out : •:._x : . \; to the board ;-• First of all, -1. would like you to take a look at --.-. -;>.!/--;-:•;""-'','; : Article II7 Section (62-4r./v^ , V - S & . ;: THE CHAIRMAN:; W h ^ ^ p a ^ a r e ^ ' o n ? . : . T^^-^^kr^NJJS^k1*^^^^ jA �3 8 •'•-. MR. MITCHELL: Page 62 arid 60 sir. It is just the first sentence *"*-.. - * < of that paragraph where it says "that the appeals1to the Board of Appeals may be taken to the": persons : aggrieved by the Building Inspector." I respectfully request that the appeal be dismissed because the alleged y- -,--; appellant:failed~completely to-establish a prima facia casea that they agreed to grant this permit. The law is quite clear that it is not enough that .'. , a person be a property-owner of, the . municipality, or have any interest ; of-- the general welfare of the community, in order to appeal from the Building Inspector. In order to appeal the Court h^s consistently held that .: somebody; has to have some sortrof £ .-' interest. ? There just can 1 1 - be people ' who don't have any Interest in the ' :^z~?r^: '?<:-3£pm <-ii -i.-'M-Zi? —-^yOtaXr -4^-^Li-^^Z-^-'"-'^?&~^-?.--^ •ifii's- '-B^ir^^^t^£^^sxiftX&~fAA7rCffl-..:^•—Js^^m, 'ii^MMkSMtM§mfM^i^^^^Mi S2 �39 M : 4 proceeding^ that interest has generally been defined to be some sort , _ - of academic •'interest / It is incumbent upon '.'j_ '.%'" the appellant to establish to :the satisfaction of tliis Board that : they are aggrieved by some "V adverse academic factors by the decision7 ;; of the'Building Inspector. Before they - are permittedto appeal I feel -that: V --. , ; - ,_ regardless of Mr. Moore'sfeelings, ; • i ;\ - -X that his property might be worth less V. ••--•."'in "value .'"..I don't .think the faults fall within the' realm of establishing proof that; - v,.; they have been hurt by the decision of the building inspector. In view of the Jz 4 '•'"..- . v":f ^:J^ • --' facts^ -they havenTt established. they ."- -. have adversely affected;the appeal. ; ; ;^V • The"* appeal should be dismis sed p that is the first J \'. legal'point.•>} : ~ = " i; ^4 :.v:|: : ,."••'':-•-;' ~: }• '-AWH v j ^ m . ROBINSON^ Y ^ a :' " .•:--?, -:- 4 C-U; OHE CHAIRMAN:' Please5 answer when he getsIthrough please." •;f;--*'e7t.£ i-„". ,-.*-> Ji . T K m^, *UfeJ;=liS^:i*i?ajM2*^^ �MR. MITCHELL: The second point I would like to make clear, Mr.: Chairman, is the question which the Court has referred to this; Board. In the first < : instance, again it is that I feel that you gentlemen do not have the jurisdiction at* this time to overturn the "decision of the Building Inspector, that is not to denigrate your statutory authority,: because '• it "is an outstanding Court order. My clients originally applied for;a building permit \±n[June or July, 1972*Trr and the' BoardL of rIrustees directed the building"inspector not ^to'issue the y permit. / Let;us = get the"history on the ; record[f*. They directed the buildir^g inspector not to issue the permit.; f We brou^it '•-) a proceeding t* the huildihg inspector ,^343. to issue] the permit-after the time / , .we were in Court,: we set our plans in'•:.' . order. We complied with the zoning ;,: _ ; �ordinance a everything we did was completely right 'and proper. c5 There is no reason for the building inspector not " to issue the building permit to us. The judge tells "the"building inspector what to issue. The'village contested ... our application at the time, The'village contested our application and "had the opportunity to contest-our cefctificatioh ; with that we comply "with the "zoning ;. ordinance \ they can'. t; comply to; issue the* building permit^ " -- The = village agreed, we complied with the village ordinance :. and'the'judge said "to the' building -: inspector ^"is'sue^that bldlxliiig perroit." •:, When we went1 tor court and attempted to \ prevent this hearing we said to the ; judge exactly • V ".'": • what: we said -'now." Judge Walsh indicated - "it ! s up to you "gentlemen; "_-;"'-.M the /- first instance3 whether Judge Trdahor in "":; feiwfc^XJ:^ ---: «w i-^ij&^c i-l^k^Uiiss^^^^l^^'^^s^^^i^^^k^Si^^g^^. " �A2 his order precludes you from that in determining if the. building inspector was wrong, it is up to you to say. In the first-instance, as to decide what >Judge Trainor said'that you" stop from coming to a different conclusion. This ; is an'issue for you to decide. I submit"to : you atr- this point! by virtue of Judge ^.Irainbr^Touts^ to be stopped fran decidihig are ] yr . \ that we are 1 not in conflict with the :koning boardi • There is another • item, Mr•' Chairman, I don't \know if. it has been presented / . --. to /you "as part", of : the settlement with ~ •the litigation' that : We = had "with the ^village. -I We'entered into a stipulation settling :•; . 1 ^ actionTwi^^the; v i l l a g e . . I w o u l d ^ ^ : ; , i l i k e "to read - t o you the s t i p u l a t i o n which ; ',': was put on the record which V^as signed ,by Mr ^ Whalen' and "me, whereas there %t-. , V~'~. i s "an: action pendijig i n ~the= Supreme Court ^*:<:. m^jh^m^M^;^ �of the State of New York under the caption in part of the conversation with the petitioner where judgment of the ; Article pursuant "to the Village of NQrtti _ larrytowrT and 'County of Westchester, respondent and wherein the respective parties have attenpted to'resolve the issues involved. It is agreed "that the/-; , respondent' meeting with? the village will propose a resolution. to the Appelate (., ; Divisionof the"Second Judicial'Depaii^ment. ; The-petitioner agrees to it. /What '••? we! redo is as•follows: to constitute the :/ plans re the exterior: of 'the/building and / ; presented it to the' Hudson River Valley . . Conmission:at -a''public hearing held>j-v -:... on October 21J : 197^ 3 the place in/stead of this original building application. It isfceiiig'uriderstb^that "such change -J' y\ will not be a changed5and amende^ application. i-A-f^ ••&& §**£:-*&. ^MmM&dMMi^ k,A. ***rM ^:Mi^M^^id^i:iSM-&^M^iS^^^^^^ •£g£&^gSi&^B2S%t&sjs&£&3S& �w It is being understood that such change will" not be a. changed and amended, application. Now," in compliance with ...-'.. that5 my clients permitted to Mr. Jelnick, 'the building inspector, new elevation -showing the exterior of the building and we have complied with that portion of"our agreement with the village. (2) Prohibit parking or vehicles of, employees. --1 Create . " in North Tarrytown5, in the parking ) area, as proposed1 for "patrons of. such premises." We baveragreed that any v; ...!.,;-*."• employees will be prbliibited'from" parking in' the: area tliat*- is••being" reserved for \. patrons. • (3) .; To'arrange the parking; -~ , spaces in such' a mnner with Chapter 62 of the1 Zoning Ordinance so that -vehicles :'mayexit^ without-backiiig onto a-public street, My.client has ^reviewed with IV • Mr.v Jelnick about 7vehicles so that cars <. &i&-.-}#U~^'tM-;~A£^&^±-'^?^ �% 7 will not back onto to Beelanan Avenue but 7 will come out forward thus reducing -any probability of any traffic. (4) To cooperate with :the necessary officials of the buildings \?<y_ to the extending of the island on ;S .•'-;. \ Beekraan'Avenue and Broadway to the westerly side from entering the premises. "'.';- •' ' :• r/R. MTTC^^ >;.-\> agreed, V- we will cooperate: witliy the pillage in y : - , -4~/ • ^ y/-y-J -extending the" island, ysb cars /can' swing" around = :j f : l, ancllcut across. Sw -\-.-' ":"•: •; MR/ : S3EmsS: y'Firie7 'i ;;-• V |a-i.r^- : l = - ' ";;..----*"• l i s ^subject "toithe ^issuanceTof:= a^permit :i-;: p ^ f . ^ " S ^ v v i l l a g e 6f;Nortti T a i ^ o W : My y Clients"' have c c i i p l ^ vof,th^^a^eement^bf the7village and _.; ;:-7 x\v - 7 ^ | 7 ;"' /-.p.'- :r 7theT v i l l ^ t h ^ r c ^ l i e d : b y issuing•- :y ^y.y,^>^. ^a'penMi^rth&^^ ;; n w : - M J; ^r% v ;7 C 7 t o the" zbrrLrig1 ordinaiice^i think I w o ^ Uloe 7 �46 to call the first .witness, the Building ; Inspector, Mr. Loger. /:*-•"•''"'"" (I^orffid-Loger, 67'Sleepy Hollow Road, North.Tarrytown, a witness on behalf .of the respondent was first duly sworn by the Chatanari of the Board and testified as follows:) : '••'-';':'•- .. ./ V " ; \" ^ ''• "-"-•'.' (Direct Examination of Leona3^:Log^':by'Mi7.VMtcnell): V - . x V:••''•-••'-- ^^ySjCmiL: Q. • M r . Loger, ^were'you'the Building Inspector "in the Village-.' of North Tarrytown "andiri June and July, '•-197*1? /.,", \ - '\ ' / i .' '\'-'':\ ":.;' . " *;':; &' Yes^ " r .' -; - ^ ^ t-i: •''•-.'•>:• : > " : ; > ; ^ h^ Q^xwhenV^ere you;irdti^ly7a^p6inted? ,v' _ •'•"' "'--._:.V" -"j'••"... "••: Q. Did you continually operate as / . ; s Building'Inspector? ^ ^; '-X"'1''•••-".-¥'- ;:7J/"^;' . iuVYes^^ V.;-;-V-". •'::i-^--i:- V ":; 4 • • - Q - D i d ? t i i e r e * come a. ,tpile when t^iere w a s ; submitted : before you for rappiroval*- planlP forl Kentucky • :— s*r •4*>>'""*-;t''-^^^^ ;, �117 Fried Chicken? v.-;- ;.='' ; - A..^Yes.:= "; ;:' :. -•'._. ... / .iQ. -'Do you recallrwhen those plains were submitted? V >;.;,;-^ "; : r '.y : A., The' first plans: were submitted .to me on an informal basis in June-197*1 • ;• A i• '-• Q.. - D i d : those plans — can you tell us what those plans demoristrated? • --. . ;. a curb cut on Route 9 > I believe. it was -1*1 parking' spaces.. The building was supposed{to be up near the - :, front -of the: lot or on' Broadway, = and basically/ I - : understand those are thesame plans that.have been approved. •"-. .;~y'\. \ \tz • j - i -"^ ri.--:.:!-y? - V .'-'"• ^i-;:!.- -.;;/ .1^-.''::--- .'.':' . V -'.'"-.-- ". -•-H.-J-'--^..: j.,i;-i.-V. Q. -Subsequent.to thata<did;you3have conferences about the Kentucky Pried Ghieken in.,'~~-[ North Tarrytown? A. v WellV the plans were "submitted, to me. ;; I W* told,'' I believe i t ; was the'*coMractor for, Kentucky ! fj.-..*j:'-- ---sr-- re---jr.-:-. V/--&^.^*i~?-S:.V--.;-<- Fried Chicken'that they were ; n o t \ t o t a l l y acceptable^" F i r s t of a l l , the Department of Orai^oijtation'vpuld; : »- -.•««- -* r/^*fc£-i34*: -»^^-*S43i&iV^aif:iK4-fc;.»T:£sii *Omfm' s«^v^^sa3£3^j^'^^S&VjeS^;*^S^^ji63S^sS^3 �. -'48 not grant a curb cut.: AThere:was contemplated; a widening "\ of:Broadway at that-particular point, there w a s -, also a motion'on the books for a court action for the realigning for 448,v s b : rethought it would be J ^ /':';• for his best interest t o set the building back-where I understand it is j^- its present location^ friow,: in; v . v the event that'•' the 'road'should'be widened an?i realigning s h o u l d - t a k e p l a c e V .v= v ; ^ ^ ^ . - : ,'-';,-.,:>:':A' ; ""''/•?• '>>::"": ^ '' Q^.* Didryou'= have additional:conference'with the representative of /Kentucky Fried; Chicken in - ::. , ."'"• % North T a r r ^ o w n , ° Inc.3; Sir., which 'resulted ffinally : /I...''. in the submission/to you;;of plans which'youJfouund ;-\\-:.-_.; to be acceptable to the' building 'code?V^AAsA'£V'"-V." ;-'.; " -/ i J,; to object to under ttie;Rules of •;.yv ; : "•-•i-:>,- ;• Evidence there is-one buildlJng j- - ":;;-;••- :>.--'. permit",-;that areVchanged"ori legal _--"..:>-v '.''-*"-,".. ^Q. "grounds.' It i s ; h o t % i h o p ^ 7 - ^ - r { It1 is up]to "the road^or further back, how long that -took we can/go ihto>it^Jt;is notCrellvant ,'i to tine question we have-on appeal. -. ^ : : :**&. i- •• - ^--< ^>^ia:^-^»^Si=*i^ ,lZi4i^ii><H^i^ >:-: --5 ,/; \p= �.... -\7 MR. "ROBINSON: Objection./ : •-/-.' M R / C M S M / m r I think Mr. Loger ' A should be entitled-to state wt# he gave that building permit. :- ' -' \ A. sir"^V>j:;V"';' •' -//.- Continue •"'••-•-•,•=•, -.. '":' - Yes, my recollection, the contractor and one of the principals, Mr. ± Jones,:r came to my office . with a revised: set of'plans and at the time trusteerSignorelli happened to be in the' buildliig and I asked :• him if he / ;. would look at the plans with -me because - I was ; sending ' them to" the Boardr6f Irustees'/lwhich" was ;:act±ng as. a / - v. ; •? Planning Board: because of the "questions i of the. alining ;• " traffic which was taking place along ^badv^y..,;; ; A;'jv ;. / Q.AI^. 1 ^ to you, you were aware : of the use that, was intended ^forthe;." buildirig? . :;"• -"'• ;'-'"•";-- ~yi0!^-^-:-(il.--' / 7 A. 6h9 yes. *' -A^/-- fi/K '! V h..' \\;\/. - ^ V/J» }, '::']-' ;:; v : 7., : y / -'_ - ".;•;-/ v.-.;.1"*-: -'•: Q. -; Was there any/question in your mind"as ,, the Building Inspector of the'Village of North Tarr^own'that " suchi use was permitted oh the" Zoning Code?•_* H'-"'.A-i.^7777 - " A.J^;,. >•/*•& I ^ATm^^Jm^iM^^^^^^^M^^^M^M^^ a --.r �; 50 \ ^ A* ,;.lNo, .tha^ question never.entered '-•?:'y. my mind. I did look ; into/it>tb'make"sure'it was •;^<\ proper but it "just 'Ihever entered" my mind." ^v^j ;v [-.. ••'•':: //?;Q. /Mr. r 1 ^ ^ ^ with 5 the use of property along R t . 9/in the village ' of North Tarrytown?, •\ it . .r ; ; ,,..., /^/;. ''""."•'"•;.., _' '•-'/'"'///"/".'. : ' : / ? \ . - £ /-; A.':- Yes. , , ; ; ^ = -/:,-:- ] :.v.A.Q.;: In your opinion,"does the'/use of the ^V parcel in "question;•; as "far as Kentucky Prie$ - Chicken/ ; ; ;-: is concerned;/conform with ; the\Viiiage'6f North V :~ i / ;>: V Tarrytown?;--.-_/ V\ ?:.••"'« -"^i? flS^-4; 7-; --,-•-*--.£.-. /:>/ - A* '/Yes'/Cif^it-should have beenvv;Y " : ; ^ questioned i •: i t * shotild haWl^fenj'^jie^tiSiSi l JJ /or • 5 oF// 6 yearsvago/fwe ^ j have v Piqkwicic''Vp^t^in'J^^h^^i^rytc^^yij^ H -\Q.4 What ispthat? J ;-£' : -/.. "C^A". y I t ; i s "a T restuaraht / Q.^tybtat'happened/in"Iconnection wi±h that?^:->/ '/" / A. :V. At>6ut 15/^^6= years i T rjLV ^fr^i^'^z^Hi-iv:.^.^-.^ ^ - r A 5 £ ^ ; v ; . v;--r--s£ v.-.: ; my term as a building inspector^ there ;was an accident"downl>; there a n d > e x t e r ^ ! ^ / d a S g % ^ r t h e p l a c e d l i b my ^ifM?J'::---l . _- . i_ ,v r" : J:,,.^ J ^ ^ ^ S . ^ r / O * ^ ^ �51 recollection, there have: "been and they were. allowed . to make the repairs, expand; the building without applying for a variance/ I feel5 that; the use was\ > not conformed at that time.;/ : Q.,i In addition to the repairs'made to the Pickwick Post, you are saying that the,Pickwick Post Restaurant; was expanded in size and additional building was made without the necessity of any zoning variance? ',:-'_.-. ;A. Right.;v"..yw. "'.}['>'''.•• v-v-V': .=-?•' Q. Ai^e-yoii a licensed real estate broker? .•"'•:".; '-'••' ':,-.-; '••"•' - " :- ^y A . ^ Y e s V ;/ ; ' ' " ' : - \ ~r^.0-;_'•'••:^'"_:^pV.""- 7 ^ ;-'."-'Q.y'' How lofig have "you . b e e n ; s o l i c e n s e d ? " y V y A ^ S i ^ "•-••-:'*•/ .'•' ' y 5 Q.v vDuring t h a t period of "time/ ; five-/ -.".- you bought and? sold -real 1 .estate in the Village .of.;. V North Tarrytdwn? " yv^--= 'V.:iV-_ :-fvT', ' 7 • v ; . ; y ; ;yy::yiyyy/;y:y> ; T A . r ~ Y e s . / - ', v ; ^ ; - y ^ ^ i c , ; : _ V f '\*: yy..-:----'i:' ; >Q.y Are;youJ^ai^^ ' are ff a m i l i a r " w i t h t h e " s i t e i n ; q u e s t i o n h e i ^ t . t h i s y ^ y ^ y ? \ 'evening? y >%f;—*!^ - !Vi:.V *---'." --y;;•__•_-.; ^ ;; ^fSyo 7 ^ w ^ / y y / 4 / j -.' - .,-•s.-.-"A:.":""->'Yes".";- •'": -->v--- ? .'/i-'^-'." ^ \-,.l''-.. '-''/"'?vv - yfy. ••-i *^4&3a»^ _.—isrsr -..;.-=-j- �Q. How many pieces of property have you bought and sold over the years? > v: r: A. Weliy back in 1§62 I purchaseda' piece of property known as -100 Potanieo Street which is in a C-r zoneV At that" time it was represented • to me that any use but manufacturing was permitted there. ,;•'; .-•'""- ;-:: MR. ROEENSON: I'object^to'that / ; . answer as heresay as what was represented • t ,.'".'-••=--. : ".-; - to hini.'•'-. " -"'. "..::-.-"".-"; .-' " '._J••'"•',.."''-. --•-".-'v C - -^THE CHAIRMAN:": I am "afraid we ;'.: •). \-\ .?,.-., V r-i f :: are 'getting off the beaten trackV" '-.';. ';'^:^- > •'""•;' ':-:; WR."MTTTHHKT.T.! .: .-".. ., Mr*.5Tnger3 • i n - :; .::: -< .your expert opinion in Real Estate ' v -/ *" 3in" the^ Village of,North^^^^.Tarrytown would r you say have been ,; fairly "extensive, would, it be your opinioh that • -[ \property iii the village' values * in the village would/ .-_-': \}-\ • \ suffer1" because of the' building^of^a Kentucky Pried (Sicken Restaurant on the site in question?9 A. '-•No'.V.;- >--.. r.:^%:^:r V ."'. ::>,, ;- Q. Do you think it would have any; effect V S*K _-rri**» m 3SS££?i3$Et4SSi£@3&&fc&&i ,-? • ---. -> �53 at all on the property? A. No, I don't think it would have at all. MR. MITCHELL: I have no further;questions.: (Cross-examination of Leonard Loger; by Mr. Robinson) '- "v.MR. ROBINSON: Q. Mr. Loger,;A do you buy and sell property as a licensed' real' estate broker? ; A.- That is my primary^ occupation,^buying arid selliiig. for ; clients. .--•' ;• \ •• ;->;_;"•-.••"_• •-•-•.-''/'- ^ , . ^;; Q. B u t , this i s what'ybur occupation is? r - . A.. ; Yes,-real estate broker! - . / > H- V""'~w •/---"-'.v ."V:-'-•-'-'-.". ••;•'"-' .'•• Q. }If each^o^-the'fbur corners of t M s ^ v \ '^\ ;. i. intersection had' a • fast food establishmenti on it, would \: r . - ; = it affect : the property on it? '-':-• /. -.':./"" ._"- '; -f; . ;'^/";'::;"m..mnxaw^'v^t^'is-a"';.. ..." v^'\-.H^' Ih^otheHcal^questibri; -I object ! t o i t . = ' ^ j '-' - - ^ ^ ";'--- \ :; ^ ' ; ; •• ^ ; T : : MR. ROBINSON:; He has beenX ^ ':]yy%':;'l "qualified as an 'expert..; He l a s : been"asked'i i f '"—-/i V A ^ -A.--V.;'- ...; —.- - - -. _•"_ ^.-. wes' ^^-i na-i^\.^- �THE CHAIRMAN: I don't think that is the" question . T h e question ' here is did he have a rigtit to issue1that permit or didn't he? He feelstie'hasthe right. Q. Mr.:Loger, did you issue the balding permit here? ''.-, ; A. .. No, I did not.; •••''';-.' ": .. • ,'-.-."- "tV ' ,;;:.;.Q. "Miy did you not issue the building permit?. A. I had an order'from the'niayor not to issue or: deny it. ;Q. " Before the'end of your term as " .;v building inspector you took no action on: this permit? ••_".... ...-;/ A. I didn't take"any action because former application, my recollection is that in order to 'J issue^a building permit yoii have to have approved:, plans :filed,rapplication andy.of course a fee. / •It wasn't until -—'• I can't recall' exactly, it was ; a couple?of days before the appeal-was filed that T had this. *&&&&& _--=-^*MM - �55 Andwhen the appeal was filed which "was the : last day I believe, or even maybe thesday after." the appealj that last day, we were filing the appeal, I was made aware that filing of ah appeal to the state, that any. action, the permit was not issuedi •'••_•: ;: Q . : You say that you considered these plans with ho reason to examine the property necessary I of the use of the commercial hi^iways?. ^wA. ; •• ' " ..-."•-. Ididh f t : say'that. ;; :"^ J "; Q . v what did "yousay? :/"-._". v-:-- ;.^: ; _'"-'" :v .'A. My reasoning for submitting to the " - Planning Board -at thattime--the1question of-use ";-.' never entered by mind.; It was not-the property use. :, . .", Q. 'That was because:-~ you had • seen the Pickwick ;.-• Post. undergo the changes after the]accident? = :- .- -.- ""A.'•-."--1 didnft say that,vl said"one of the things/ if youfread it"right in.'the bcx3k~unier C-l — 1 % .,5^;- -.'-'.'. •-• ; MR.>k)BiNSON:, Are you "looking , . .'•i'-: -?7f- at the schedule^in the book,:62-8B. \ r.""-:.-\ I; Q. Now, that is the schedule regulation?; 5 ^ erx �A. Under C-l; hi^iway.conmercial. ; Q. It was you as;Buiiding InspeetorV'did you look up the" C-l "when itwas filed, or did: you just remember? : : :, " >" :. : J. '-•'• " :A. ; I remembered it.\; The(first '.",,."••'' commercial application I had as the Building Inspector : so I made a point !^to look it up. .-•'•",.".- * Q. How long have: you? lived in : this Village? -:-;'_•;./k. 7I cameherei wrien Irwas 8 months'; I will' be Hj in September. : '-:- -, , •;•-_•" ; Q. You .were here in 1964? a.. . x e s . .* — -•'..•,'.'•.•- .> ; n'--."•". .fl:--; -. - ,----. Q. Did you;hold any position in;the Village then?.- p.--,'-;'•- .."'•:,_--.;-J:.5;'"~-^:^:V. ; ".' : l U -' : ' ;jV'\-' : "'"•J ."-'• . A . Nor. : ..v?-•:->•0:>7^;/-';-^7;\\ \ ^ - , -Q. Did you"participate inany of the'"-:.-" '•/•:-. amendment"' of zoning ordinance "at that time? :A. I attendedthe .public -hearings.-' > Q. Do you recall any of the discussions about Broadway.or any related'issues? V '~0i~;-\:i*::'i&. -ZZ'-^-^ 0M*4i>M3g§^^SM^&?&S&i -" J:^ �57 A. At that public hearing? I«as;."'here for one reason. In-1962*1 purchased "this property. I mentioned before. . _'.:;•;."" - : - Q. When did'you purchase that? A. In 1962.; : Q. There was no C-l area, then? -It didnot exist at that time, Sir? .; .. >." A.. It was a commercial area. Q.f When they proposed the adoption of the code,'"-I was interested.... I had invested "and :.; I was-under the" impression that it was a general;j commercial * area and/ I would resell -the property as a . -business property;^ _; " --'-•-"; ..-.--";- v >i^: Q.-jWhere is lOO.'Pontiaco in relation.to . '- . \ ."•?: \r:: \ ; -..-•-.;"V ;;•;.-.-. .;- : -.V"^^:.;'/^</--. r -/- Broadway? \ -A.^"it-:is'*the~'th1^ Roadway, across from rthe" gas station.' '"•-:';y ^:" "..-'•"'"".''!*.-:':'v--= -, :i_' v ;Qi Do you own any other prbperty.^ -i i f in" North larrytbwh^ now in a commercial district? ; >"',;_ .4 .: >:;_ •"...'. ";' :?;• '=*• « - " _'5-^^r"'^ _>'•;!.:,: c • - * * ;. r A . > ^ . ^ . :" •-"•-;/- -->VC :'-::; /i??-:>:.."' -/i; ^V-^-r-;/ �4,58r Q. : • ' " - - • ' • - . . . -•.'-'" - -." ".- V.."--f. " .,----.'v "-:" '"--: '. . . -• "•:'-' ''^:^v1V ; V-^iU:='K-^:-'v.i:-.- r V / ^ ' / . y ? •='- : .-^ ' , •- . - ' • • ' ; . = '-'" -- : - = - ' • ' - " ^ .-- y-I:4H? -'-'-. . any p r o p e r t y on Broadway? OWTI ••••J, •- '—: •''' V ' } " ----- • ' '"'"="- ••---- " - : . " -?Qr Have you;.owned property on . ' Broadway since •*I96i» = to the present = time? . ; -. Do you ' . - - ' - • - - - - : ; - : : ^ \ " n .-''.• '•••'-<•: . •'•'•:••'-. ' - - , • • ..." "-,' - y---~ :'.-'• •-•=,- : . . - - " - : . - " - ' - K : • - :• 'l ^;-*;--:-:'>^:\:^M,;^i.-;:. ••• - , . - ; - . . - ; - • . change thereafter, the accident?c • • - , - . " • • • -; " • ...• -- \>- ^ y : y y - , y ; •-- - i '•:.••>.-• - , - A v . ; . « p - -?:.--v l--i- '': . - y . y ' • - - • • • -;; •-• .= ,.*>: ; v - '.'. "-• ,.,, .. • - : * "-.A----. . >--•%building inspector? - -- -= :;- : ?.o. t -- •--.--- .--- ... ' , ; ; . • • • • • . - ;,vr ; - --yy* ' v; f:: : ;: 4- r \ : - Y v . - v , ^ : . •"*'";" ->\« =../. ~ : . ••--:-.-.' • .-.-^.-•-./:- :>--"• - - . ^ - - -> .,:-.- y ::KV*m-f ;- A. , Rl^t£^^^,, ;;-:^:,: . ;.-; ;; ^ -••-• -"" • '"=f-,"#lv•-'"'?"-: - Q . Y o u never;-reviewed * t h o s e p l a n s ? -_-:/-/-'-'- -•-••.'• *•?•..: ,; A . I had n o reason.to:i-v-":-^- i.:: ..-. - ••••.-'.'• Q. - W h e n w e r e y o u first appointedr:\-vp-. v. , . ' =- ; :---;V- -^-.-- W.,:v--:- ^ifH^^y--, ;:-^_ -^---...- •.•••"--::-• A .--.y.-Vv-^ y . Building Inspector, : i s±r?/y;: . ;-•-.."•--• •..-." -. -y>-K - "y .-*-,-"-;" - v ^ K ^ . ^ --"•- " - y - y ^ - v . . ^ _ . _ _ ^ ^ ^ . ^ . - ^ ^ s y ^ ; , : .- A. I believe it was January k\ 1972. : .: • ' •••- -•:•:_y --'.•• :-: - ^ .--;- •";:'-••'". -..' . ..,'•-:'• ' \ y . - : y < ..•-•rV'-V:;;;"' Q . This w a s b e f o r e y o u became •: .-.:.-•- .' '. Q« -Were you f a m i l i a r m t h t h e plaris^' ; . - - - - . '-' -: that were filed by therPickwick Postto"make the -- •' . ry:-k-y.y^^i^^y;,a:-y.-;-:-.:: - r; y Q. -=So you had been .there two years :^; -": v. bet ore this application "came in? ,: -^^ ^:/'.y .-••"-•• -' - - y B ^ y y .^-y - ^^;:^^^-H^^^,-/;,.vyy-..v-:^-.,,y - -- ^EA - ' :. - : . • - • ? . - . ' • yy,' ^> • . • - y. i : . . - , / / - • > i ! ^ : , . :A^:4t>otifcy2 -^y^w&4*S"^M^¥^^ - : . ' ; ; y - -•--•'. •-.v?^> . ;-^V-----,- . ", .. �59 : ----*:^. « ; , Q. This was the first commercial .application you received? A. Except for one other application. ".-;-•'' "";/,'" > ; V ^!k;•I»BI^^N:•^^^have"no_ . "further questions. (Re-direct Examination;of Mr. Loger by : Mr. Mitchell) • : ; ^ ; V;.: i u V :X • }m/m!SGHELL:;Q.['Based" : ; on some'incomplete questioning and answering on the ;_":= X cross4examination of Mr. \ Robinson %"\ you stated you attended a public hearing in 1964?; ~_[ .: -"•>'.' ,v > " •?' -y[ %--:•/- A.\?-Yes'.".".v-:'-'"' ^ / > ' .-• ':'/^r.V. \y-<}';- ; :'";. i .->-. - Q. You had specific interest because ; you owned "the, property?' -:.; - ••-i:i_ "''-..-•_; v > ^ : ^ ^yvvV'*/iv Q. Mr. Robinson"asked;you a ^i;Sliever ; . what "comnKnts^were made with regard ; to Ithat ; f/ at the -public hearing? .;v?^:"'".;V • --.? • / ; • : 'Si' zz.€k&-£r :{-i - , T - - ~ ? J & 1 " -• J : : .^ - . / V ,..-.'; :"'"_..= % r ; - » i- A. Yes^ I have* a : pretty gpbd memory.. .a&ftk^&te; ^ ^ ^ f e ^ ^ i ^ ^ ^ s s s ^ a s i ^ ^ e s a s ^ a a t t S ^ -- -X .----=>: S i ~ S « -x%-&-i-^--'-l-EiA""..~A. *.- V33=» «#--?:Ife^iisi?* �60 . MR. MTTCHELL: Excuse me, you : '-.v.. .i . do have a good memory because you ownedv . " .'"-. property at:the time and you do :/ ; ; have"an interest in it? ^A. At that public hearing we were led : =: -to believe that t we, the people in North Tarrytown/ were led: to believe. .:. ./ ..;:%;- MR. ,. ROBSSON: -•••••-•,'. I object, he remembers what[he believed at the hearing. ..'-•"'. ; > :;,'VA. I was to believe and it was ;; .; . . . . " clearly stated.^.-. brie of the reasons for >•?:; ••-•-.;. adopting these "codes' was the requirements of H.U.D.Athat you have a basic code in order, to'get funds from'; Mitchell-Lama^and"T low income,housing"aiid at-;the ; :. time the Boarb^ members and'; the biiiiding' inspector were > questioned about things"of this"Imture,: and when the code'wasn^t^very explicit/the Mayor; at,the -'v ^f , v" -:^ time,:and the Building Inspector/ both,' the reply :; V;: was"that this was something we;had to do and wasn't • '.:J;'(-' ,J) to be used' to persecute the village* owners -of North" nSrrytown.! "=.•--. £ ' L '- % * i% ^^m^^s^m^m^m 'M.^iJ^S^i^^^^^^dMkM^Ms^4^ �61' Q. Mr. Loger^you are familiar with thezorn^ng ordinances? ,• v A; :Yes. \ ' v i'ic.' > .-:. Q. / Is there any place in the;Zoning Ordinance.where -languagehaV been used "specifically excluding any use? : U ' . : : . ~ .'-•-'". '..[ !.:'.m.; .: J /; ' ., A.^ . Yes. '.".-•"".." '•"-..-•'••' v .'.' Q. where wouldfthat be sir?: ' -; '; - • ;? .; A; ^Again","'-imdep the;schedule"regulations" . 62-8-B; under the manufacturing ordinance. • A' .kY:"'; \ Q. : Would you be'good enough to read'it to the Board? / e x ; V -^/-e--^.- - '""'"" ' -/-••..'•"'•'/' :: - V " : .i- :: -V "• ;. - A. A large scale liidustrial'activity with the customary assessable; use -limited - by performance of standard^commercial1 and residential [use are excluded.. /, ::; " ;-:•_;> Q.Vis:there anything else In t M s table v v; ; of uses;"sir3' where:language is<utilized to specifically.':• .* £; exclude any u~se = other' thantliat locatioii? -4 '-••\^/:^--U;.;'^--^-::'' ':;"' L.<Aiily*: 4 v A.VThis T is^ is one of my reasonsffor reasoning that the C-lr6r a V•'-/,-, v; ii ^xwe^Wi^iisk'i, i->i^fe4^i*K4i3 FT- -s^isf" %idi,t^^i^^mjMmiMMMm^i&Mm �.restaurant in C-l would be a permitted use . :."- /• because-I think the Board-would hayeintended to permit • :. -: •' - this as they' would have tnls in manufacturing. .-".-- /.- ;; W " >:^- '•'- •' :i • -.IMR* MTTCHEIIi: Thank y o u r ; ' :/''•-/• r V:Mr. Loger; ho further-questions. " ~*: ::"'l£- "; - # 1 » - T"."'.V. • r; :, >/ •;; -MR-"' l y P , C H E t f L : :V I have some ; - .other witnesses, I didn It;"7. ;,, . / .: <-V"-- •; ..= ' ••.-/"•"^"-'.:-' know-how far I. would: go. • Iwould::-V ; -" \: / -:^ A " .Vi•"...--. -• Noi^\Tarr^pwh, ; ChieffJandrucco. ••.-.,-:".!.,; (John Jandrucco3 l^l1 DePres';Ave; j ; Ndrth T t o ^ 6 v m ; : a . : witness on behalf of the respondent w a s f i r s t ^ u l y sworn ;; := byxthe^ Chairman of the Board o f Trustees apd;testifiedas follows)[.'^l' : ..'<./•'' ;VV'-'=-."""-•*'. H ; : . '\ -'*'/'"•','-. " ^ . ^ 0 \ ' ' .*..-•-" (Directi Examination of/John"Jandrucco"by ftor Mitchell) r: r^;: ;i"J:.;:W:f _f./ ' ,/^;::> MR./MITCHEfj.:""" Q: j Chief Jandrucco, you-have been chief o f the'police 'department:-ofL the Village of North ^Tara^own 1 for how long? r i :- '1 ^ ^ t ^ / T ; - : J.; '.:.'..;i?:.-AfA/'-: Approximately 8 ^>r~9 years."<W:l)V ^: -•- •-:C-.'..--;^JV.--. .i;.\w>'"^yfe-£S»S^^ �63 Q. Did there come a time in the year : 197^ when the Board of Trusteesfmade you;aware:-of the fact that the application was (submitted for the building -of a Kentucky Fried Chicken Restaurant? . . A. Yes, sir. •-." .-.-'..-.-"'; Q.";"When" and what was the iiBLnner in" which . you became advised of triis application, sir? s--/,?'"*$_• -".-/' A. •: I was approached"by Trustee.Zaccarelli3 who'is.the application examiner. I was.? told to go : out and make some investigation references ? to further the buildingon the'cbrner of Beekman Avenue and: Broadway to [ see "*• if it" is a hinderance' to village and whether it would-be a big traffic^ problem., would • " it rcause atraffic congestion^;;'•;•'I figured the only way, ..-.; after listening to him, = would'be to go5to another - Kentucl^I^iM'CMcken in-business" areas and what the r '-v problem, if ^any3 there was I there / , . / : ^i'-i Q.^Did you do^so? : V..'-.:3 V? ^ . ^ ;° :- ; ~-^d-_~ ',--v_' : -=,=% -^\^MJ-' '-•> .-- \: ,y~r-::.%^~-- --•V-;-:-^---:-*;:\ "-:\.V~ "•-...• ^ V : ^ L ^ £ k r . : ! L^.i^.^j^'-n-.j^v^Mfe-i* r^ - * - . ;-- — " ~ * ••;:; �6k Q. Did'you conduct any investigation by observing other Kentucky Fried Chicken Restaurants in ^operation? . . " v ; •: . A. I did. '*"•"- . ";.'•; . Q. What location? ; A. \ : : One oh Route 9 In'Ossining at • Nelson Avenue. The second one at the Five Corners intersection of Route:59 of Nyack. Q. 'Andrdid you thereafter make a report to the Board of Trustees concerning your investigation? ..".•/ .;V.U:--i-'"': "' - ' - ":;>• :/'! A. I did.; ; " i"; .^£ V?^V ;;;\ J: £ "."". "Q.! And would ryou be go(^"renough to \ repeat to this- board of Trustees concerning your :. ,investigation?9 . A';V-I"dldV .: IQ. And.wouldrybu be:^6dreriougJi to repeat .. to this;Board what;the'1 result of the>iinvestigations were? ,• -A.^I tbid^them, I^went^tblOssinirig a^d/I, v watched them several ftimes j different days. .of: weeks, : different hours of the i day and .nl^itV; I went in and spoke �65 to the proprietor in Ossining. I went and watched him, I watched1 the customers come in arid out. I listened to him j in'reference of the possibility of a jam up of the customers at any time so that -"-/: he ; could not handle; them7" I also went to the chief of police,I went to several lieutenants and several > sergeants of the ^Ossining Police -Department and asked . them what problems might" arise or did arise "from - the Kentucky fried Chicken being located on Route 9 and : ~'~ _i Nelson "AvenueJ I didn't receive at any time any i: V:!'''X. ^unfavorablereply.- 5 1 checked with one up in Ossining T . . > .where they turned off Broadway; into Nelson Avenue; : ^\ \ and then ; into the "parking lot.^-T think there were six ^ 7 . positions in that \: parldiig^ lot and' at v ao time were' all .: ; \six filled. I walkedfup: and .watched- the' one'dollar/; . f ''orders'and then to"the f ten dollar orders;;> I watched what .the maximum time was^that they were there. ; ;l^re.were four minutes, irrand^but]of the place^7;$1;50border, /;V-" was a minute a~nd V half -.to:two minutes. \ I asked the y7V proprietor how he" could figure this out. i^i^P^^^^^ .--£--•iii :==. ^^-—- -as -iz - :TZ -jst ~ -i_* - i^kJ^J¥*M^^^^0^^^^^^^^^^^^^^^sM^^M. \. �proprietor told me that when the customers walked in, from his place in the kitchen;- he could look at the cash . register and see what the' girl rung up on the cash : register, before she handed him the slip; he knevf what -, i, a-size order to give : out. Over in Nyack I watched .' '•- r the same thing with the Chief of Police, Wally Sandbeck, , I thought this was a bad intersection, Route 59 i East," , ;- \ •"•. and' when you have the road that goes j up to the Tappari . .-. - Zee Motel that is in", view, - you have ,the entrance of the ; Tappan'Zee Bridge,"the"Kentucky Fried Chicken"andright opposite this ' entrance, [ you have another street,. a short distance, "there is also Exit 11' at the ;. ? Kentucky Fried Chicken, there is sort'of a five ". '•(•••:•/ \.' corner intersection, right" at' the' Kentucky. Fried Chicken. " There, is where I thought; I could find a better .'answer. : ; I talked' to the chief, I watched the) traffic andr no . , • time was" there any congestion," "I wanted to check his; ^ accident reports .to7 see if any accidents5took place ; because of the "Kentucky Fried Chicken;' •'• The ?cliief \ \; explained1 to me that ^ the accidents at; that intersection '<' were caused by people traveling east on Route'59 in^ y **-• ^-—- ' ;.h&3f£&*•&--v*----^ .^ii^-Sa^j-ii^feiiiass^iit-JisSi Mmmm^^m^m^M^m&^m^d^^M^ �attempting to make a left turn on the entrance of the Thruway where there was a big sign, "No left.turn allowed", and the accidents they did have listed in their books was cuased by someone attempting or violating the rule of the left turn. They said they had no objection traffic wise to any congestion from the Kentucky Fried Chicken. I went back to Ossirring, I also learned of the Burger King. I thought this would cause some congestion and I checked with .the" Ossining Police and again there was no claim of any type of /congestion there. . Therefore, jnrany of those places, the only thing was that: both places were "ripped off", which" means burglarized. Q. Chief, on this "occasion when you visited1 the Ossiniiig Kentucky Fried Chicken" Restaurant,. did you;have occasion to observe the area in and about the restaurant for ? cleanliness? % . s'-sX ••[ !/^A.:" I lookediat it; there" was-no objection by the Police about it being litteredl The only thing,- ^ I did notice "at * one" time in: front ?*of the'; Ossining one the grass could have been cutT - T "= ^ • ' - - It was about 8 inches high. �• . MR. ROBINSON: Mr. Chairman, I hope we do not get too far a f i e l d . -. ' •";.,. MR.: JAMDRUCCO: T h a t ' i s the only -I thing I saw. ^ .. MR. MITCHELL:'^Thank you, Chief. (Direct Examination by Mr'.r Mitchell" concluded) (Cross-Examination" of Chief Jandrucco by Mr. Robinson) •''"."'" V : , MR. R(BINSQN:'Q. ^ Couid youHi" describe'the' location of the two restaurants you mentioned i n Osslning? >•'"-'•"' - -••':/'-.' A. Nelson '• Avenue. ^ . v ^ ONe i s on the Route 9** oh the corner, "of I t s s i t e ~ i s "approximately 25 feet off Route 9i i t i s approximately 2/3 on the way down the hill = oh"the ' rigjit hand'side, heading south. •~--\ ••: / V " v l ; f f < ^ - The one i n Nyack. V -. MR.: ROBINSON:" I m e a n t ^ t h e ^ H "Burger King". - ^'- ~y•_. --.'. ;•; '[ _ '.-•• '"1 "-_' \ s. :^A- : ." -\ ; ^ ; . ;:- I t i i s down s f\irther;sout^^that back f\irther/ s mybe"a huhdred'feet. afes-iiv"-.-^ Vy -.-?? >:-£ HisS^Efe^saS^^SSfi'-sS^x^sSisi • . ^ ; . ^ ^. . : *!-'j._:.-..-£ �Q. It is not on the corner? A. No, sir. Q. Did you do any traffic at these places on Route 9 and get the traffic count/in Poughkeepsie? A. "I more:or less asked about the traffic count here. . . Q. Were you familiar with the settlement Mr. Mitchell "described oh "extending the island on . : •>-•". .: ; \ Beekman Avenue to prevent I the" automobiles frem turning >v \ to the left hand side going east to Kentucky Fried ^chicken? A V / No, sir. • .:. / -.'.•- -' ^ --• • ;•;_.'";[. , " ... "Q. ^vYou a r e hot)familiar w i t h that? . , A. " N o ; sir. ,. \;, - :, . A ; - I:-/V-T^- 1:""-V"--:":-'_-v.r "",-".'---*v::^'-\\;-V;T' "". •• --' Q. : -iSir s if the island were extended : ^ r A . so that you could not turn out onto Beekman \ going toward the intersection, you were going t o ^ t u r K r i ^ "do you belllve that wouldcause a^traffic ^problem for;- ' , =i- _Washdngton^Avenue for people gettiiig back to Broadway?,; D :T: ":"\-v-r " ^ ~:: ;> A;" N o : 1 V;: \'•?.':• - ^;.^J-'"- ' '•/l-::.\:^.^-^~ �70 t l\ -,.,"•• Q- Why. .. •;."'. --;-• .. ; A. .Because traffic has been cut ^considerably recently a M I think it H s going to be cut for sometime because of the'second shift of : General Motors. If you want another opinion } I found\the busiest place, the hieght of our traffic \ . here is i n H h e "morning at 8"o'clock, at which time \ •' the • Kentucky Fried Chicken' would * not. be opened. ; Our b u s i e s t t i m e w o u l d b e '-3|P.M.".to 5 T.M. It : "was when both-shifts J were working. I also noticed : other than Saturdaysi or 'Sundays; we.wouldn't have the ^:; •other traffic• that;the" busiest\time • for.the Kentucky ; . Pried v Chickeh would be from about"5:30 P.M." to"about;,.> 8:30 P.M.", it is the'biisiBSt. -This would go beyond our."police traffic. "; . . ": o:. -•-••--•' T Y,:V: " ; _ ~ •'•'•' . Q. -, Chief, could you.describe the accident', report oh Beekman Avenue andthe" Route; 9 intersection? .".V A. The":accident record is^ low according f ; to a recent survey. It -is made by the" D.O.T. • No. 5>'was ;" at the place'"for "one;year,"'inost" of ^lt was rear bumper collision! ^ --,=-.-;--• _ -?..?-: -:*-_/. i^-Y-.'-":";••*•-•':."='."...• .->" -r-rv---!v^=v-. : \i > ->4-;i-. i ^ i ^ t s s ^ S ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ f e ^ ^ ^ - ^ ^ f e �.71 MR. ROBINSON: W e have '..".;; ""•-: no further, questions of the Chief. :"'-.rTHE CHAlMftN: .. L\ . Any further witnesses to be called? j { {;; . ,C/" " ,-v -:^ MR." MITCHELL:; Y e s / M r . C h a ^ r ^ ^ , /C:- I don f t know how nwch n»re i t i s : g o i n g : \ •"-._ . ._ V ( "--.-• ^ ° add. I r think it is appropriate r ^ "" to hear from the^principals of the ' :"..[-0. ^: petitioner. . Mr.'Jones' would you! like ltd ? -"*'.'".. tal« the stand. ^f ,; . ^ (Arthur Jones, Schoolhouse Rodd, Dutchess County/ a; . >\ . witness on behalf of.the defendant' was T first' duly sworn -y ~. . by the Chairman > of the' Ebard'and ^testified a s : follows:) S;;; ;v ? (Direct Examination of Arthur Jones b y Mr.' Mitchell) . ;•__}•:.':'"..:'-. _ : -"*, .;.-\'.[_ MR.ffiTCHELL: Q. Yon'are^ -• • ; < ^ the president for Kentucky Fried Chickeh of North Tarrytown ^ ; Corporation? "-, - /r , . ._• _-;_ .•/•'•-••: I ,'/^r ,':-'r """:.•:-: "A. 'Yes.'"'V"- ; JV ^ ; , ; / f ----- ^ -':'~' './•' '' "-.-. - i. -V''''--.h-'-''---- -:-i �Q. You have -: been awarded the franchise by Kentucky Pried Chicken? A. Yes. Q. Operator of the Kentucky Fried Chicken in the Village of North Tarrytown? '''•' A. •' Yes. Q. Have you been'authorized'other Kentucky Pried Chicken Restaurants? . : ' • . ..• A.; Yes.. : : : '• ' _ '• ;;;jv^.v.:--. : : ';;.;[: .-- Q. Where ''are ttiey located, - sir? A. There' are 'three,"West1 Haverstraw, New v York, Wappinger Falls,'"New York, and Town of Greenport, v;.' New. York, -which you may know asHudson.r'. v. Q." You have had some experience'in ; ;, operating the'restaurants? '" " :- " =- j ; /•""'A". -,Yes.- "-._;.;'-"" - . - :, '/_".!• .-;:-.\ ' "^JM- : ;' ?M Q^: As a result,: you have:had;favco?aDle^V; :; experiences in operating those restaurants? ': : ./_ : . '.-- -"-•;.•-.'. _A.> :Yes^slr. '-. ::". *^T\- ; - : '\y_:--.*--:-. Q.r The''-National Corporation has authorized you to operate another Kentucky" Pried "cSictei Restaurant in North 'ferrytdwn^ isn't that true?-: ";?!;• - v ^ �73 A. ..'That is true. Q. As?the basis of some experience'as -"''•-. operating these restaurants3 I would* l'iie you to explain^ some of the situations of the' Villages someare concerned about traffic. • I would like you tor report3 -• y, 5." and I will'ask you some, questions concerning^ if you v.. ,;: Vu^erstand, what made,;iwith regards^to,traffic, >-=r* ..v^ obviously it is important to have a restaurant; where there'"•': ,"' _ . ; ; .^f ?jK"L,isfa reasonable a^uht of traffic. '•> , K Q. -' Have ;•: you investigated, sir to determine the ^ amount Jof traffic that ision ftoutej9:inlthe village of * \ >North Ta^ytpwh?;; -.'£ n - v "• • ^ • L ^^; ;^ . ./I '-'- A. • Y e s . ^ \ / ' - - M j ; ^ ; i 1 - ; ' ^ , ' - ; . " .-• r lw:>/. : Q. ^ You;foundiout?what the trifle adtualllj; is?. ;"\-\" ^=-~->~ -•.:-.:.: ^ A. -I didr^ ": ^- ^vr;" \7y ; :-^ Q.;\Wheredid you"fli^'it";out? :. :, /'- ,--0:?, A. I'went to • the New'_York"State Department ;A of Transportation 'and'continued the" most recent u , obtainable traffic = count: for the' road' out here; r , f Q. -Ck^^:you.tell the Board wh^(tte count was: andwhat the count was for.. v?7*:x ? ;i >;--• =££5iSl ^W0&*~ ';•*'•!- K ,; ;- ^ f -, "; : �•74 \ ( A. 1973* there are-apparently some -• years behind, the' most decent ones I could obtain. -Q. ^or:19f3i ; area oh Route 9? • you obtained a count for the ; ^ ; j ^ : : . >.:-:- : ?• "-""'.•' •''•'•••."• MR.'ROBTOSON:Mr. C h a i r r ^ "~ : permit," sir.'••: I t i s takihg us "boo f a r afield; V . ; ; : h h • ••'* 5 ^ - --•;-• I am riot; sure i t h i s i s revelarit t o the "•' -•'['•'•'•' • •; '-•'•-'• ' .;._..-. •"'•;-'-; -/._ ;-v'•:.--• V > ! =7'-' o- \MR.^CHAIRMAN: 'Rephrase your : [-\-'\ . question, ; s i r . / ^ ' . • - i . Q. Mr. Jones'^ can you t e l l 5 us what t h e State .-^ * - * of New york reported (to; you as ; t o t h e t r a f f i c count on" Route 9 arid jthis road lip here?*7 ~'[ i \X " - ' r [-%:-.! ' - - 3 A.^t Irr 1973, "the t r a f f i c from Oarrytown v/ - t o the corrier^of Beeldian Avenue on Rout e 9* t h e average and detailed^traffic count[viiich 1 t h i s engineer was talldjjg about'was 22,000. c a r s ^ l ; / *-• / - c ^ :'•";-•-[[' \ \~.-'^ ':•'' .'•/-/. '•;'''• [;\'[ ' : \ i ;"-again, t h e best^^evJ^ence'isvtte recoil"V •'•'::r"'v; %•-,••'. .themselves.*v^/fe>Mtefe]bL i: i^ts'•^')-';-': 1 cV>-\ - i ; can.I This i s i ^ acceptable.*; ; /.^ - r7 �75 : - (The witness gets up to get the" records) T ; MR'.. ROBINSON: For?the'•; record y ];i-£-: / - * also renew my objection for .the relevency of t h e ' l i n e of questioning. -•}._ C'K CI • "- ; - • M/MTIClSxL: 0:; Q./V24,000"cars go. by that corner a day on" the' average : basis? .-•/.,", ?: -r -} •;-'. .A. ; Whatever t h a t says"./:. , --i.•:*;-.}•>-.^ " 'i/'% : Q/: rMr. /Jones s ;having ^ e r a t e d ' t h r e e \ ^ - : / '.' Kentucky Fried Chicken' Restaurants 3 ;c6uld you give / . us and5 t e l l " the Board,: on the average,"T realize\some days J would be more; or l e s s \ '•• how many "cars come into your,. - / " --: establishment s how many customers you1 have?/ : ^/ \ - // ! •'•."••.- - ~ ];..::", :\"- '. '• /' / / : ^ / /• *.:= ; -/ :/' ./ .'^ ; .. ^ -j;?V ; ; ^ \.'\. : ^/JQNBS ;; /: /.. 'MR. Mnx^EELV- Uritwist :' / MR. /JONES f~-Qn^ the average?:^ . '; ' • . MR. MrKSELL:;^ Yes.;. / : tt^Mj/%^>j ^ average,-1I "would say .between1100 and 130 a day/wMch is^/'^:\%--: a very low figure for:customers;^^ j :-v 7> "^ -r- v fv ^ ^ | ; ? ; f / ^i//; g v^=S-. _--~i«l B �. : ,- . , -. .. : . >Q. Your business is not the"same type, of a business as McDonald's, you dorift have the :_,.- same sort of roll? A. Nowhere hear it. t s .- i . •• \ f~-~? Q. JSo you have about 130 customers ' : 1 y ' a: day, you also have a restaurant which is accessible to pedestrians, do you Sir? '-. ._• A. Yes, • sir. •> ''•5 Q. And of that roughly, 130 customers : afday, some proportion is pedestrian traffic? --/ -J:.!_ -. j;: .-:"." . MFL' ROBINSON: '.-Mr. Cnairmari, I -" . - { -:'--..•/. have to object^I am sure that this •: is not relevant for a permit in the ^,/..'-..Village of: North Tarrytowh. " - •; . MR. MTTCHKf:,f i: I will withdraw the -'/'- entire line of questioning. I was, : ^ • V \ -• :' 'V.: just trying to show the amount of .:../-.-.• ;; •;-. . cars that go ; in, that is the only V v r:- V: purpose;of it. -'We are talking about - V-- : v v :' a very insignificafit tr^fic impact that �77 was - involved in that location. That i s the" only purpose of t h i s questioning. ; M.CmnMANr^The Board w i i r t a k e : i t . i n t o consideration.' I have no - . . . . " . . ' =- -"•" MR.MITCHELL: further questions. (End of Direct-Examination by Mr. Mitchell) (Cross-Examination of Mr. Jones by-Mr.:Robinson) MR. ROBINSON:: Q. Mr.,Jones; have you lived in 1 NorthTarrytown? -.-' . \ - ..''""''.'-•' : X - ~ Y e s . " ,::";""'j "... ' - . ' - ; / : •-: QJ-) How long "ago was t h a t ? ; - A. I have, t o say my memory i s bad, seven or eigjht years.ago. ; . *; ; Q. *-. You ? a r e f a i k l i a r wiffi : the Village? : '-V -;.-•-•-~\K.'}. Naturally. ^ : ^ - '•A^-zk^^mm^k^^mim^s^msm^m . > �78 '""•-. Q. And seven ;or eight years ago were you here when the new ordinance was adopted? A. I.do not have'.'the foggiest idea.. -'v Q. You don't own that property, do A. Kentucky Pried^Chicken? No, "-I don't. Q. .what is your office in Kentucky Fried Chicken?;! " v 'Vv : - ; * -, = ; '-'% •".• •".•:'.; ••': MR'/; JONES:"": I beg your . - -".•..-••"*'"'"-•' v\ .-pardon."'* * ".""V;"£V, .. -.'"-. "';;.-•_".' . Q.""'What-is your;position in"Kentucky Fried Chicken, s i r ^ ? ? >: : -'-'*"'• . - ~:W. "-';•;'.•/ /AiVfr hold* the 6ffice;bf President/ ? v. Q. Is it a corporation? A. /That is fright.: : ./, . r : ^ ; :;< ? --' ; Q; Do you'- lease these parcels of land? A. YesV : "^^^ ^ — ': ' i ;Q.v: You lease this parcel; of ^ land? A.'^Yesi. •"".'..- .';-- lXl-;v- r -- ; \\::%^--iSi^ .'"- = t ' : - ^ i;"'':.: ,. v, ^ �fe- t.- 79 .. Q. Right now it is being used fora parkinglot, is-that rights Sir? ; ' ,. .. , A. It looks like it.to me. . MR.:imcffiS/:"-'•The-legal , -;;'.-• ; • . . . effect' of; the lease is not the; V- ; . ' y . concerrrof this Board. ;-•'!-••"• •.'.;';-'-".•-•' *'-•'" -•-"';/ M R . k)BI^N:^I^t\iiie.;ask';arbther*" : . ,r .question o f this^areaV : : ..'' Q7 Did you'bbtaih a copy of thezoning ; : ordinance, of this. village before "you -decided, to locate a Kentucky fried^Chicken at this\co^n^?^>^.'.'''."-'':•*••:'-^;- /' .; /7V: "'•_. :['• A. I couldn!t .tellyou 'when'I decided to dolit, In:the first£placed' I have a; zoning ordinance/ whether it . *.? was before' or after, it is'obvious it must" have ::; - 1 been before. "/P/-.>.••'-: '••:- : \ /".: •;-. ^-.v; -.:"*::''., "'•"'-,-:-."-"". Q. Did you check the zoning map of the : J ; 7 village when: you "decided: to open" this parcel?; ; ;-_:-:•• - c /A. :Sure.'"-'"V-^V-^;^ . :- ; .; . p/;--,'-. '[•_'. -• -".;•<••-..• '-, V.""""' *-..; X ^;:C:Q. D i d you know, what "zone it was in?, ;:;j-j-:';.:: Vy:-\ A. A Oh/ yesV7;7Uy M*--;®i» Myyi-:KW -1=.- j-'.a-. - :iS=*T-r^£ i ^-J-'iifj.-;- v-.&J.C-fe •--*~-"-~' t "-^S^j^^SiS©sSS?" , ' / :" .7:7%\.; -\' >.\ V^:.-. �'80;. '. Q. -What zone was it in?%: ,.vV A . C-l Zone. ? .:./.' / .• - Q. ;Didyou look up .the C-l schedule in the' book? A. My attorney does those things.;. ; , :. Q. ,You:personally,did not? •A. "m.-};}::^'-x •:/-':• '-V •" '••.,. ••'=•;,- -- , • •-."• ;V'M.--ROBINSON:'' Wehave no)further. questions,"• s i r . • nojflirther questions. / -:. ... ; : ;': v * any other witnesses. :_ •"' • i---_- .! 4 '< \-'-.-:"; :" ^MR..MITCHlt Vv ; ; ;&:t •.V;.\-:; :•'-. • M R . : R Q ^ ^ •'- • ; V - ! -'-.;'- >Mr.-"jttt^en.---"^--/>;:'\v-: • :"'.' . *w-m'i'/:Vi V-"-:v.': / -^ ;" " V : ^THE CHAIRMAN:/ Any other ,V; "- witnesses?: -.. : v.^.; .^ -MR. ROBINSCW^You^ presentation of the bpeniiig of -r - ?'.v. IVEi^. ! Mitchell' sTpresentatiorf before he ;; ; ^ -.-":*? iWs' : - called h i s witnesses J? he" made the principal ^ -1 MI v .-^ �81 '- I VrfKJ V J l e ^ r argument. The first --'is;: I''%_ that theseappelants'are not aggrieved,; -/* should /they have no reason to be ,;. : . ^ r V here,' the Court of Appeals In this ; : .' state last December in the case called^ Doubiestoh Civic Association ruled \>: that ^the very kindrof appellants here C.B.C.A.P.M. Vis: clear is; to "have a standing,; what :-.- ^ thisy the-interest• for alT of these1 appellants are r i & t ' h e ^ ^ /^is^ -".;;, ., '.'".-/. iI)v 1 you itsrapplicatiori3^itvis quite:clear that one )"i •':; of S m : l i v e s v within" th¥;2(30:ft.; radius which v; - this 'Village ordinance requires you to' give >'&Vy. ^ t i c e t o OQce. The sec^oM'ai^urnent 3 --.':';t ;^was how,\and when, Judge^Wal^ : \•••!: having this'v^lematterj001^;backQ\. \- ^ ; y--. ^3 / t ^ to you pec^e^because you "are theV. ;,r-:'\_ C, .; .--^ \/ "Wf"boHSi'in ^chargehere. You"dbn^t^ ^;•v £vV."Yf;"-v V^£3&£^s&St3£My££5gfegg£££ �have any choice anymore. All '..'- "you can do;is decide that Judge Irainbr J - wrapped: you up,. that is not so. You have got jv a copy of Justice Walsh's opinion, in that he makes it pretty clear that you have fullT-jurisdiction, 7. This is the Village of North Tarryicwriy this Village . ; has the' rights1 under the laws of the " State of New York to decide'the "V ^ appeals< of the. Building Inspector, you;. "-fi have:to;do it before'you?can,look at" itj you' have more power than any^ other : . board in the' entire village/;; Q3ie~ question of appeal'^you are of thVSecutive v V - , authorized - power, no Court can -take' that : away from you. 1 say yoti ttier people ' r; "rmake"that decision.: You are'the^duly;. '••:• appointed : Board. it isT; your responsibility .::;^and;the proper^aK)e^; i s ^ t e f c ^ V j ^ ^ ^v- ;-; ;"- �There'is In law, there' is no[ estoppel in law or infact.. Flmlly, Mr. Mitchell made ,';•'. a great deal of a dispute of the Court case out ~.;/--.,' of the extension of the islaiiol'and the , /;".•; parking requirements in'settling the Kentucky Fried Chicken. It is quite clear/you" . cannot settle any kind "of a'case for the ; . > use that is not allowed. >.The settlement;.-_: I- \ *•**{• /indeed,-the order of the Court/ as the r ' r ^7- .; :- Building Inspector, has discretion of the - ' \-'' . . - -^ •. - " '';; ['•/--M-_r % settlements JPhe^Building Inspected?/;^ •"-? •- \1!;,.A 1 » " t ifrnb way binds how that decision will be.'.{:'^r;- ^ : . ,.. \ The^ Building Insj^ctpr has t ^ , : ?< ..to makelthaS decision soiiewhere.the first t3mstand^j" \ if he is wrong you have the authority to"-.- 0^J:_•-,-A.-. •.-;' :<; -v. say he is I wrong. That no le^l? battle w±th'%:_s /:; ^ " things that some things\were raised with ^ : ^ > / ;;- V, '.'.• your decision! X ^ e r e are. a huiito which need to beranswered before calling'x'fi:;^\y\p'£,'>•-' '•-"V- v ': *-'.'-,;" the^repres^itativelof C.BlC J U B I M . I ^ ^ f^ftif^ lVff-:i:*-^. J"';: �SH since a great deal of the testimony'by the Kentucky Fried Chicken through Mr. Losier and = ;.~: others'dealt with,1I think it is incumbent uponme to eallLMr. Moore back and ; • ,g0 into that question. What was the reason for making this change from a general commercial^ zone where all the business put a gas,station. •-].'•'•' •/:''' MR. "ROBINSON: What I.would-like , y". ; " . • :/ ' to ask will only take a coupleTof minutes^ '.V-V--V---7--"j:Mr; Moore. -THE-'CHAIRMAN:' Yes. (Mr. Moore resumes to the witness stand) •*- \ :<•'• MR.-MITCHELL: Is-it my understandiiig >^; that Mr^ "Moore is being recalled? ..' - - ; ; : l^-:^; • : /;% .I'.?- MR. ROBIN^N: ; ^This is;=rebuttal^things^ that Mr."Losierbrought"up.:f^^r; : •^5/ .^ '•'%&::.V! �85 MR. MITCHELL:. Excuse me, rebuttal" is permitted with regard to any [/' direct •• testimony Mr. Losier gave in regard to public hearings as-to with the cross ? examination of Mr. Robinson. \. '••y^:::"-:•-••'" :>. M/RQBINSVVI ." disagree, this is - r: an administrative board j it is a: public . hearing. I think this is legislative.history ••-W. ^; as "a zoning board, and C-l Zone is also crucial. -1 -£ Mr. Mitchell'pointed out through hisl witnesses :*;] . -; on direct":examination/ Mr. Losier,: to the zoning ;'V" otxfinancesjonly in the mariufacturing zone/there is -competition* where the uses is '• prohibited. It exists in' other zones as >. v well;, uivs ---_--. ^ MR. ^ CHAIRMAN :f Why don't you leave t h a t up t o the zoning board' t o decide? >" V v / . .;f C ; :. ^Ma?RDffieON;Ife a r e ^ >;^ ; • ./ vJ^ v ;3v ^ "' ^| OIE;CHAIRMAN:¥l t h i ^ t t d s l B c ^ ^ S i ; ;^ smart" enough t o -interpret t h a t zoning j / I jdcai't••/„{ :.?J; think we need too miebmore t a l k a s t o ' J:; $ • ---:->:*.--_t-u^*^!K--vfi..-"-. what went "op a t 'those; pai^icular.^^mie^tliigs a t that^time. ~---:>;-. i f s=> V?- |S^ ~-s«n ""*-i%^3S*Sesi^s �86 MR. ROBINSON: For the record, .•; I must take an obj ectionand" a strenuous bb j ectiori. It is highly inprbper to exclude . legislative ; history. / . y " ::"-\.---'•-/*.''- THE CMIRMAN: I don't think it is our> ,.f. .business, why he conducted it at that time. ;- The only thing we are interested in now is in.y? \ _X that book now. . . . ".•':-'-.-y'i-.% -,'--.'.• MR. ROBINSON: I am-trying to tell you what is in the book now. \: ['/'-•';'.'\.-"''."'."-'-•'.';-v.. P, . H T^ X MR. R O B I N S ^ •next witness and we;have:bur objection to go on the" record.;. , (Helen Ciocca, ikl/-Halpern: ;.;,;- ;; ;" ^ . ?-.::'?;': ;v Avenue^ North Tarrytown;1 a witness' on ^ -P- behalf of the appellant was first duly sworn.by the ? Chairman of the ; Board and testified'as follows) / (Direct Testimony'of Helen Ciocca by Mr? Robinson) ^ y frc-. :**.;> -v ?: y > :; y : '- : >^§ r •;': �MR. ROBBISQN: M r s / c ^ c c a , -:-': •-_•/-"'v what i s y < ^ ; position' with^;the - Appellants? _': A. Yl am Chairman of ^ & of the TarrytownsV Y.'-v .. r v .. ' .-: ' \ • :.. Q. Will you describewhat : th~e C ; B i c ^ : i f I may c a l l r i t 3 : 'is?-. - '.- •; / : : - " . ' "_' •-;• >"/ , ' -. ^ " : * V : M;\ . A.. I think i f I canC read " i t t o you^andshow ybu the;photos-first. '--';'".•"••-•---., "! ..V>: .-,.-...- ; / ; M.'ROBITCSON: - •, ^ : -~' •'••'- I thinkjwe can ^sa^tiiiie... \. •; - :C - . / . . '/ : : :-"\ ' r ^YY'-;y-l. ,"'-:';: ---"Y\ ' ' ': " >; - "•'-''--' •''->: /•'.^V-::'^.y03CR6cCA:; May I , j u s t ' read- V : : ~Y-V the : objectives of the C.B^G.?^it i s to"; f : -",';••-• -\ r ; i f we can describe this,',a description of : ; t h e C.B.C; >; •: : , t'Y/ : V >arousethe;^ ; ,-'.,._ ^ healthy f environment ^ t # ^ ^ _-- 2 S; t t e above goals. ; Enlist the support of every y'/zfA .-•.•• ; individual,'young "arid~b&.%\;C^S '[. • \'-/\-\%y-';:'~: '.i-' /;.Q^Wtot'l^"'ti»:"C.B.C/Mo^'"to t h e CciSiijMty ; ;VT "'"'"> -"; arid the Village?; :., ; , 4^^^iH&^ ;\ : :•%, -\; :-'-.'•• 'J ^ . : j ' . - ' - " " ' - ^ ; - ; Y > Y ; \ . O Y ^ ^ 7 �•,-.-; • - A. Other than what is listed In the brochure, at one time in I967 the C B.C. had a conmittee that „, sponsored" the beautification program on Beekman Avenue and awarded to three property owners,$566.00 each to restore their \ , buildings. The C.B.C. initiated a program in the elementary schools \this summer. Two teachers are going to the Greenwich Audubon Sponsorship. We have planted boxes and.planters both in Tarrytown and NorthTarrytown> for the beautification of the Village. The C.B.C. has been working^on Rockland Hall and Estate portions/ I think most Importantj; the'C.B.C.; proposed environment advice for Tarrytown and North Tarrytown.,."'The. environment working in North Tarrytown^ without 'reviewing the record,: has v not been more than50# of all the Coninunity. 'They have " ". been strongly rec«nnended by the State and County to purchase for these Councilsto help the "citizens7 that we are dealing with tonight.> .;-: " / ^ • ~ , ; ^ ; . Q. Could you explain" what the interest of ... , theC.B.C. is in the present z b r d ^ appeal? v ; // "/'r '"'-..•'.'• A. _'* Well 3''it .'is very evident to us that the": :;. •'-. application does not comply with the zoning ordinance. \{u,--- �89 ; MR/MfetiELL: I object to that testimony.. I ask tl^t^ that "testimony .bestricken out. She has hot illustrated-:, any expertise to,come :t6.thatjop)iiii*n, '%*•'--\ % _'.. . -: -, - - _.'-! \ ^ MR/" IDBINSON: Letv u§ rephrase that' - *; " •-': question. ^ «J-'- ' "*„---*'--,-J:•-'.'^s".'=:"- Q. Where do the niei^ '--.",-'.--: A. In Tarrytown and North Tarrjrt own'basically.. Q. Do a fair number of 'them live" in1;North " \ l . ^ Tarrytown?; : ".',_-_ '.;-•" /-••'.-.."-'_:-_-'"=""=.-"' :_V: "v; •:, ' V- ? /:'"•- ; ... A.^ YesV we have them in r the village in v a r i m -? ".v-_"" -.'-." •".'• .-•: .':•"':"•'.. . --v/ . "• •-:.'; /';";=".-. , -.;._ -','. _/ '" ~ : > "-•-'• areas. Q. "The'C.B.C.^ in accordance 3 as you"""prescribe ^/ : :~A: '.. I • its activities -as set forth in" the brochure,^ has intended activity around there as: "proposed? . " •• "•- ^ A; Yes, we have; '"-' v A %._.-. • ;;. , . _ t i '-:r;-:'^*""' X -"K'-1"" "'/._• ••': "-;"-:/. ,.;.":--i i 't-_ ,,. MR. MITCHELL: There is-no question'.\ "that their organization has : some very - : -; "•'•- fine 1 goals,' undoubtedly dohevery good work / V >.w - ;^;farLthe';Ta^^yto^_/;i'"I don't object .to 's-r/k'A; — A • -_••-- -X 'y-Ji'f:•''••{ Mr. RbbiJison rephrasing his 'question, havef" ^ ." :;'--; �you done work around the area where the :. /•' Kentucky Pried Chicken -is; located? I don't -• ' think the village is that large.~'~-}:-\ ... ' .-":'.-'.''. : 1VR.'-ROBINSON: .Are \ you engaged v. - in'property on Beekman Avenue? A. Yes, we have recently worked with the Centennial Committee and planted bulb's throughout the Comnunity; and we have helped with the restoration of the post-office in North • larrytown." We keep -the planters. going oh BeelaiBn _ Avenue.and in^NbrthjTa^ri^o^.v\we take care of the plants3 -,we have helped with what we' think the beautification: of the: village *,->the gener^^environn^nt we feel is the responsibility of the village officials and along into other areas;%'•:* Q.J "Areyou concerned{withi the general^ development in the changes of building uses inr the Village? ;-• A. Yesi we are/ - : ' - . :•. :•:•., / •'.. •'•'-"'•- "i'-. -"'"- :\_ ; Q. In vieV of, the~answers youhave just.given! m e 3 ; / did you and'the Board 'of Trustees and the Boardrof Directors ;-„C:_):\;>r-- v : -_-: ; • Governing Board decide to take this 'appeal? A. •- Our steering; committee is ; 100$ behind!this V " appeal. _:•:-. .::}'\ ;*•/ . •?-.M=?^?5-t".'^-i-^*--—-" ~-:'.^s-:i£^sFto^-^^^ j-V.;.,;/;>. .- .;- ^ := " .-•"..:-"_-'-"":.:•:;..;.-..;' - ".;•';-. �Q. You decided to take this appeal to the furtherance you have just described? '-"'- . : ' A. - Yes. •-..-,,•-•'.' Q. Have you shopped at • other Kentucky Fried Chicken Restaurants? A. N o . -•<-,--:"• •;/ • MR..ROBINSON:; No further questions. ; MR. MTTCHEli: No questions. ' MR/ROBINSON: We call; Carl Sardegna, ^29 Belleview Avenue^ North Ta^yt own. -.--.-, ? (Direct Examination by Mr?1 Robinson of -rGarl1 Sardegna) ; .;",.';'/ position? :.-MR. : : TOBSSON:VQ-'-. " What; is^^ur \ ; -~: ;.-*.'" v..... -.'. i'•*.'?'•: ~'i.\ '"'. "Vx -:---- \1\. '•--. ::-:_'="•' •-•; -:-y^ .--. """"•••--"• A. I amcurrentlya Board 'Menfcer of- the ^Association and was past;president. - ':;-: "•-;--- l''-^iy;*A:: ?-^? '•-'?-:•.•."'- .*''"'. ;'Q;' Wouidryou 'describe for us what the P .M. A. is? ? « |' A: |. It is - the * Association of/home owners = in Philipse: Manor. ?l They will ? celebrat^^'thelF 5btn^arriiversary-n^t year .'*"-": We have J 5 0 families, approximately350"or 400 people that1 are paid members "of the Association.!^.. ; j^; ,: : r .' . ' r?. ^ v> . , w ; * f'fk,P •&"* *. 4 .- - . - • .•-,..: r ^-d^>*-^^-^&^^=SsM;^K=s=a^i;i£^ t -^JfeMs^kS 5 ^^^^fe?^- i ^^^i& ; e^^^&& �"-.- Q. What i s t h e i r purpose? - A^ I think, quoting from the by-laws and the objective section of the by-laws, to.promote and preserve the property i n t e r e s t •'" of the coraniunity, welfare of the 7 land-owners of Philipse Manor. Q. . S i r , as the r Board : President of the P.M.A7have - you discussed 5 the-permit here on appeal? A. Yes, : we have. • - -7 - ; . . . ; \ ; : Q. Did you'decide t o take an appeal "from:; , 7^'7 '/:_•. the issuance'.of the building permit i of the Kentucky Friedl J; v; CMcken?/ -;v-; ^7 \ ";v7-^ "."-:' " : : < : " ^ ^ • ;v .77;/ Ar Yes^"v =:;•:,,,.,-.7-i-?%': -; ". -":'; --s : "'- : l g M-i ":;V;'";.'•..".' , V .;-/. / v ; ; ^ •••; Q. - Reading torn the minutes of, February719... 7"v.""•' 77 '^77- 7 . M; M n S S i : ? " O b j e c t i o n there-7^7 are no minutes" from t h i s o r g a n i z a t i o n . ' 7 7 C 7 7 " A 7 : 7 ; X < y 5v "' \ ->V^V V-v.... ; ^ ,^7 r V^ xp^^SAHffiGNA:\'l} can t e s t i f y 1 t o ' t h e } effect t h a t I^was atitt^]meeting ''of rthe7-:y^^---/- --:' ;--•"';'-. 7^- ; -7 v-^ Association r 7 7 ; 7 7 77^;/-: - A : ^ :^>.:7 ": 7.;.-1 '•?••-' 7f:'^ tofestabii^ ^X? • liSMA W'^^-^i^'^^^^^i^^S^^ ai#^4«iI^^^iI&^^^^^^^^S^ :~-~"l"_ �93 MR. MITCHELL: I have no ,; '. . ^-y/• interest in why they are\interested^" let V ; .: them establish1 it factually. V. ; - V " ,./' • >v" -- M what happened at the meeting of facts. : \MR. MITCHE1L: •: It" is ^certainly/;:^r: not binding to' the application. = .. I/-'/V../^V ffilS^^ .-':;; •>/'; , MR^ -MITCliiL: ^ I t i s & r t a i n l y here, : say at best..;; ^ ^- • ; := ; > \- - -o ^TmCHiSFm^V. ; r : V :f 7 -'-'-jY.c-'.vV; We are just"; bringing . ; Iff here what went on at ; their i meeting. 7 '% \ f\y::?{ .; -: \"vv ? -^. - They are either for. i t or. against " i t . '••%_:'y'r\ m^R08Z3$^ V; pay "attention to the' P.M.Ai: Ij^Mr.7Mitchell^-"--'"' raised 7 i t .Ma. ; ^ , - ? ^ ^ ;;>^ :""i • : ; :' 'f-i"?K"\:'-: ttol proper Binutes of. the meetiiig.ist)t -\-l ^ : • ^ & K & - Z ™ CHAPMAN:?1 t j ^ •; :.Ko-'.^ honest;' truth~.f I think /the Board: members know • -" p r e t t y much what the J o r g a M ^ t ion; stands - f o r , w e i ^-*asr v'ky*'&f'fiif'f^'Jf,-i^:S&:'^!f4--S.*-'-,<"">i--3i*5*^>j4¥*K#^'5^tJS§6#j6=feW5t£fe.'^t£2i«fe^5^^^»4r?i'3Sa^^*^j&S?JQfc£iH&^:£i&>3£Q&£*&ie'**^3lg]j �know, I don't know whether we need*a lot of ;•-•'• '-:-;'-,.'. -_:•'/•--;."-?'••?.'.-: discussion on it. MR.,: ROBINSON: what'is the position . in the"5 Board as to why you are interested in this case? "-: \ MR. MTICHELL: Objection, Mr. Chairman/, it again-calls for the operation of -either this •' : witness' mind 'orr the mind •of the Board of Directors who are not available "for this . cross-examination. . . , ••'_'. , ' . - / „- ' THE CHAIRMAN: Is this any part of ,- : the Sleepy Hollow Garden Club? ,:y.:>. -\ :.-;'•'' ; A.-' NoV ' " ~:-\.y\v: ;.'."',:"', : '•-; /.\,SE ';"-. -^ :~;;>t" ;V _ *\?~ '";'•/-v.-^'^ CHAIRMAN:f I have^;ietter : -:^.-,"_j-:- addressed: to me here. The members of the - V ; = :% Sleepy Hollow Garden club request me' to urge'-",-:')~•;-;•_you "to build a fast food outlet:on the = \. - v . northwest.; corner Jof Beekmah Avenue""at - Broadway/^ :y: \ or .understanding *ity^ tMs" ; use isT a .violation ' 'V.\. f ? and willbe "a5*determent*^? ? It;' is signed Mrs. ?C •. Joanne Morris/^You see^ ithefse Ithings'we \allr kSow. ; �95 . I think i t i s useful to bring up why and .where, for we know p r e t t y much what i s going on. . ' ,_•-,". . ' / . : ' • - •-,-••: " -- ' -".-•'""•-• MR. ROBiNSON:' And I understand^ • ; we w i l l : have the offer of the - testimony stand' for the -''record. . They'' are concerned \: about t h i s property v a l u e . . Thank you. -. '] . ^ ^ -.•;v'.;•-'". : •'"'-.; : . . . "MR. ROBTOSON: 'Thank y o u / ; v e r y ; ranch.:'!-..''•• .'-• "-'• • *.->>:"-';'" •.'-••,•.' •_•.-.. _.. , ...•-_'.' ( C r o s s - E x a m i n a t i o n o f Mr. S a r d e n g a b y Mr'." M i t c h e l l ) : '>•';. V. .",'. •> •• M^MITCfeLLV l i v e a t gej.lview Avenue?; . / ^ Mr.-• S a r d e n g a , y o u : . ^ i - i .^1 ;.-/"'"; :-.' Q. : How would 1 1:'get thereft?~omBeeloion"Avenue?'''}.-. A.7- I think you\cquld : probably ask Mr. * Jones, W-*--?,.& he lived: next to me. Walk from Beekm&n Avenue' from Brva^.^m^mi: '--'rW-~y.i^.'~~,-,^-.-iiii^Jh^h_i-?j£i^^ �': MR. ROBINSON: I don't think this line of testimony is relevant in view of what he just said, we'"' limited our examination. ;MR. MITCHELL: All I want;to find ^ out is where this" gentleman ~ is in ; 'relation to this site? . \ ^•Hv•- AMR, WHAIEN: That• Is v a questions of economic Interest, i y : ^ . ^ i s . : ; "^ •-.-.. ^^:,MR.^ MITCHELLH; If he'is an . ,, expert and "can give an opinion of that testimony •then you "can/qualify him if you can; / : ; • ^Mmi: -^V R(BINSON: '• I toilt'have '•to] \:W •]• qualify; him/'' TJhe-Chairman saidJ he knows' ; pretty wellc the reasons if you want .to go \ >.£::: -^ into the ^question of economic value." %^;;:Tm : ; ; \.'-::/-•-.." '"-'ivdOTiVt iSnlc v; •• we haveito.~%i we" know.'the*' answer to these ; ; ij "'. questions"pretty much,'"•-*';We7know where he lives.; questions. 'W_ -/?'-?;:% }.M~.,. . /,, -""^"V - :.: ^ V r/ ;•-;•"''.-.,->~ -"~ ^SVt-rifA ^toMSffia^^ >-*V£^'- «isK �97 MR.'-ROBINSON:' I have no "further X Questions. (Mr. Sardenga: is excused) MR. ROBINSON: We will not call ; any further rebuttal witnesses.? I willf submit > to-you k:proposed findirig of law on this matter. -•., We are of the' continued position that the Zoning Ordinance is clear,- and if there are , any-ambiguities whatsoever,"that ambiguities are to be" answered" by legislation,• that shows ,; that exclusive zoning was created out of all ;' the commercial -usesL out of all* business';zone ; in 119*16. ;•- One \ little"; stretch on Broadway.-/-: . -. -. V\ >. was/movedas to that future uses J1 there would-*: :rJ?;.'f be the alternative uses existing, riot "conforming .A uses_. % As we recall; them, 'we" are allowed ?c'S£'''~~ -.•n\ w- * ••£*&,,. :/ ". v; t o continue : - l i k e the Pickwick Post" or: the'i;-:. : •-;. -, a m i r Bar>^ these can ^continue, \ they^ are -,: ^ ^ \^"proper; new/uses}as tof conform under the":law. •m: ammMi •-^-iV?-: : •• • ^;J-v---v..--- at^SOfe^^^ .-*>-^'«^fe% �/ I f we b e g ^ j t o / c h i p awayat,our Planning. . Board of "the. Village of ;Nortifi" a t o ^ c S * ' " t o ^ L.: V ^ 7; accommodate developers t o come from other ' • V ¥parts "of the" sSat e without due regard t o ^the" / s t r i c t ; l e t t e r .of /the Zoning" Law, we a r e , ' ::-* going t o s t a r t -giving away our Zoning Law across:the board.'•'• Mr'•' Chairman^!youp^inted^out the only way we can begin 1 to/ dto^that i s t o a t least follow the law. -The parking"::;-*:\/ -V/V .":::'_ l o t that i s there now is" : a %bh-conforining use^ i t ^ i s a proper}legkl u s e : v - i t " i s T n o t ^ a u s ^ ,'^ / ^ , . over-traffic of any problem^ That use could v .; not continue but begin : & "change ^ l a t e r a l l y : M : - ; withouteven' ; c o n s i d e r ! ^ of the-variance 'or otherwise. 7 ^ t o t ? is^ if? the^" ••",? -" ; CI Zoning, = i s simply ionproper, Why ? it'wlLS^ ";:; called^a C i r Z o n ^ ' i f you tafeTaHot'iii t ^ V Q ^u .Village and want.'to'pub 'a gas s t a t i o n l o n ' C o r t S ^ f e ^Street, - you would say, we "do not "want ;• a g a s | = v ^ / 1 : ' ^ s t a t i o n on C o r t l a n d t l S t r e e t / w e ^ a n t 1 i t • on> "y'~. k^^A Broadway, that -is ? where most of the cars "come -: :C- - :. . •...•.;''--;",_."•--.. j : - i " v , - " - " , s " - ; ' ' ' - * �- .-; and go, we say the Zoning Ordinance is -....-. strictly interfered with. The Board; can maker.the';r' decision./ We put our;case in your hands;" Thank you very:?much. ••_/.' -'..-,. . _.- ^)/>''?'"7'- ^ -/MSy' MSSHEIIL?- I would •_.'-:',-.r "= "•"-'. .:•;•'.,,. ?-. like to have ail of the documents which have- >; been submitted to the5Courtj; I am sure the Village .: > i Attorney has all^the recor^sTtNo.> 23-1 would likes; " .> tp/object/stren^^ '; "•. -S by this Board of any findings5by the Hudson \ ;V : " : River Valley/Commission. -We'did not r. \^ -.:;:Vv;-\- '"••, /participate in that!heari^ ^-^~ object. It was just an advisory heari^./. • on behalf of the'; Hudson/ River! -ValleyIbcmmission. : ... It "was not M i x ^ ^ to "the interpretation of the "oniliiaric"e. Sir,! • ";'ir we haveaiready the exclusionary? aspects by M r o ^ / Losier. v l would gust life to e^hasize the/4//;"/// 7 r way I read the documents^the way/i/am b e i i i g ^ ^ y ./-:;;V:paid to tell1you how T read"itf ;;^wiJli5teke^;^:;f= �100 a couple minutes of your time. It says, Retail and Wholesale Activity related to ^ehicuiar traffic. It seems to me that^ > ' there:is an inconsistent variance here. :. >. ' ,':' - 4 Mr. Robinson says it:is going to create a lot "of traffic, the only evidence before . tfis Board is the objective evidence of-. .^ y . :: -;: Chief Jandrueco, who testified that he observed .-.;-• : it at "other businesses "and "s saw - howrthese businesses operated"and • is -there going to be any••,traffic C problem. . . On fthe other, hand this restaurant: is7designed to service-vehicular traffic'in"a sense and there are .people who come - to that . .;,-. -;: location in?a'car o r " ^ the road "arid {avail" themselves Tto the"parking and:> . be served 1 . Mr. •• Robinson seems \to: indicate , // \ ) \ to me that all he.expects in that;zone is a-? ' gas s t a t i o n . "The ordinance i s wratten,* ! tl^'s^le r of ;; a c t i v i t y ^ = vehicular t r a f H c / i n v s ^ r ^ ^ ..-autqmo^)jiesX; i t - d o e s n ' t sa^v s a l e and servicing ^ § : v --ST- "±r *- .-" =^^~ �lor- ,v L 3 ' -' . rr-ir---.fi. ;, of automobiles-only. In"other words, . its other"thiiigs that the passengers require, - ;.; ;_"":'•_ other thansale or so-called services;and automobiles5 includliig food and related ,. -: / :i-: ;:\ food stores'and shops arid-the exclusionary r ;_..- language which is used in the manufacturing > " zone was'indicative of the factr6f the Board .w r > > : which adopted this legislation was aware \;-: ;. of rthe use: of the exclusionary language. •-- They . i- did not say "Thou"shalT not in the C.l Zone." Y^\ -Q.{ji : M . ' ROBIl^ON: 1^ Very, reason that we have different = interpretation^within;" I:.-... " *"V^ am ps^d to'make the other argument;; It is- v \.:X'^iA:--.i most in^rtant, : what \is'-a'C. 1 Zonei ? Mr._•;Mitchell has asked-the Court Reporter t a & ^ \ ^ -I^irtT6f the case,"'-1 request the planning C ".-';'"- }A V = i "documents and the. "Village -:fllesj-be''ii^ .;>'?' h "a part of these records"^id'I:r^sp^tfully:^/; ^~:;};-A imake'that re<juest;:";>- ;.:_^:^ r : ~>« ^r-7-- 't; =": =- :- -/;'" V MR.' CHAIFMAN f £%»se"Vecbrds"-: are;;"..r~; W v J at our disposal at anyiti^e.^ -'-^p ;^^ W ! ' ^ S K ^ ^V-I^^W-^^^^ �102 * (That concludes all" the testimony from the witnesses) (Various spectators were heard from the floor and ^ -v y y . ,; ;;."-. gave their opinions''foryand against;the Kentucky Fried ; Chickenestablishment.) ^ ; •"-'"'--"." ••'-:-- y.-P .'•• ;./" / / :C,5 J /7 TME^CHAMM^ other questions or witnesses we will call ; y •/-.V-:T- ?--. ytfrls m e e t i n g ^ :. ^:-* - y " f ^ i.-- •; of any answer.••- The Meet ing is adjourned '.Wi} '•'/;_ (Meeting was adjournedf about 11 P.M.) - ^ ^: ^ b ^ > y ..'_-:": --;",,-- r CERTIFIED, TOs» BE i A TRUE ^ AM) ACCURATE IRANSCRIFT mmm •/Josepjf .Crareriyy^Court R ^ o r t e r . # rfxi-/--j^K-SWft-^-Wj^^ ^fevs-'-.-ij � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1975 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1975-05-22 Subject The topic of the resource Zoning Board Minutes & Resolutions-1975 Date A point or period of time associated with an event in the lifecycle of the resource 1975 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/6b3316af4d841ed7c16119975ac5283a.pdf 6b82c874b3e81592244ace4c62089965 PDF Text Text NORTH TARRYTOWN, N.Y. May 1, 1375 4 /Q O A special meeting was held before the Zoning Board of Appeals of the Village of North Tarrytown, N.Y, on the above date. Present James Friere James riargotta John Arcate Peter Esteban Absent Edward Swaby Two letters were received, one from the Executive Secfy., S. Abate, N.Y.S. Parks S Recreation that the Hudson Valley Commission has been reinstated; another letter was received from the Board of Appeals, City of White Plains, for facts pertaining the Appeals Boards in Westchester County. Peter Esteban moved that James Friere be appointed Chairman of the Zoning Board of Appeals, seconded by JohasAraate. c^n Vote was 3 in favor, no one opposing. Carried. James Margotta moved that John Areate be appointed Assistant Chairman, seconded by Peter Esteban, Vote was 3 in favor, no one opposing. Carried. No further business to come before the meeting, the same was duly adjourned. Respectfully submitted, Peter Esteban Acting Clerk �ZONING BOARD OF APPEALS INCORPORATED VILLAGE OF NORTH TARRYTOWN STATE OF NEW YORK — IN THE MATTER OF THE APPLICATION OF KENTUCKY FRIED CHICKEN OF NORTH TARRYTOWN ARTHUR CARROLL JONES, JR., PRESIDENT FOR A BUILDING PERMIT IN A C-l ZONE On or about June 4, 1974, Kentucky Fried Chicken of North Tarrytown filed an application for a building permit to erect a restaurant and retail store of masonry fireproof construction at the northwest corner of Beekman Avenue and Broadway, Village of North Tarrytown, New York. Thereafter and on or about January 31, 1975, following interim Court proceedings, the building inspector of the Village of North Tarrytown issued a building permit to "Kentucky Fried Chicken North Tarrytown, Casey Jones, Pres." for said structure at premises known as 275-279 North Broadway, North Tarrytown. The subject premises are located in a "Highway Commercial", C-l zone under the Schedule of Regulations set forth in Section 62-8B of the Zoning Ordinance of the Village of North Tarrytown. An appeal dated February 12, 1975 was filed pursuant to Chapter 62, Article XI of the *Zoning Ordinance. In accordance with section 62-44 the Board of Appeals caused a Public Notice of Hearing to be published on May .8, 1975 in a local newspaper of general circulation in the Village of North Tarrytown. �-2On May 22, 1975 a public hearing was held on the appeal. We have reviewed all of the proceedings and papers on file relating to the application for the building permit; and having considered the sworn testimony given at the public hearing, we find as follows: (1) The application for Building Permit indicates a structure to be used as a "restaurant"; a portion of the plans and specifications, however, are labeled "Retail Store". By definition a restaurant is a public eating house, and connotes facilities such as chairs, tables or booths , to eat the food on the premises, A retail store is any place where goods or commodities in small quantities or parcels are kept for sale. The "Highway Commercial" (C-l) zone clearly sets forth "stores and shops for retail business" as a permitted principal use. The "General Description" of the C-l zone as set forth in the Schedule of Regulations is retail and wholesale activities related primarily to vehicular traffic and sales and servicing of automobiles. Historically the premises have, since the turn of the century, been used either as a store (ice cream parlor and delicatessen) or as a restaurant until a fire partially destroyed the structure. We find that the proposed use partakes and is a hybrid of both a retail store and a restaurant; that the retail store use is permitted in a C-l zone while the restaurant use is neither specifically permitted nor excluded. (2) That appellants have not demonstrated that either use would cause unsafe conditions by reason of pedestrian or vehicular traffic. The applicant presented evidence as to the flow of traffic and that the proposed use will-not exacerbate the existing condition; and has agreed to extend the island at the intersection of Beekman Avenue -.*..-';?.%-'- ;'•*'•?--"*•::•• A ^ i & k « M v S ^ m M 5 § s i » l �& 3- and Route 9 to prevent illegal turns from Beekman Avenue, (3) That while the organizational appellants failed to give evidence that their composition reflects a position " fairly representative of the community or interests which seeks to protect, and that the decision sought to be reviewed would have an adverse effect on the group represented by the organizations, we take note of proximity of certain individual appellants to the proposed site. Accordingly, the Zoning Board of Appeals affirms the action of the Building Inspector and approves the building permit on condition that the applicant forthwith withdraws any and all seating facilities from the proposed plans on file. In the event that the applicant shall fail to so amend his application within ten (10) days of receipt of this decision, then the building permit will be void effective June 20, 1975, It is the purpose and intent of this decision to prohibit restaurant use in the Highway Commercial District and to permit the applicant to construct a retail store on the subject premises, Dated at North Tarrytown, N,Y, June 16, 1975 •\ f gt-j^j-'Jg^ I r-^ 1 i IMJ ^ w ^ ^ H ^ r S S T - ^ ^ ^ ^ . . ^ * ^ ~ Z; ^--r^Am^-i *&,&&$&. s S f r ^ i ^ S l s l ^ ^ l s ^ l l ^ & * ^ ; V f e ; ? > ^ ^ ^ ;• i S e S y p � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1975 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1975-05-01 Subject The topic of the resource Zoning Board Minutes & Resolutions-1975 Date A point or period of time associated with an event in the lifecycle of the resource 1975 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/7f3b25af7aa0a0c5800d22b6aa9a29dd.pdf 0ddfed840034d11588faae3acee95bb4 PDF Text Text NORTH TARRYTOWN, N. Y. April 2, 1975 • \Q£ 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 David J. Whelan, Counsel Joseph P. Jelenek, Bldg. Insp. ^Absent Thomas Connelly John Arcate Chairman Friere called the meeting to order at 8:00 P.M. • Clerk Fallacaro read the notice of hearing to consider the request of Haig and Valerie Bohigian, 225 Hunter Avenue, for relief on appeal from a decision of the Building Inspector in denying a permit on applicants' proposal to erect an addition and for a variance from the provisions of Section 62-8B-7 of the Zoning Ordinance requirements that there be a thirty (30) ft. front yard clearance and for a variance from the provisions of Section 62-8B-7 that there be a ten (10) ft. side yard clearance on property known on the Tax Assessment Map of the Village of/North Tarrytown as Section 14, Block 2, Lot 1A1. Mr. Friere asked if there was anyone present who would like to address the Board on the proposed variance. A general discussion was held among members as to whether or not the addition^could be seen from the street and the distance between the addition and the neighboring property owner. Counsel Whelan asked whether or not the adjacent lot was a buildable lot. Mr. Bohigian stated that it was not accessible to the rear of the property. There is no road at all, he said. Mr. Margotta stated that it was a rocky terrain and would be difficult to build any structure on that property. Mr. Bohegian stated that he does not plan to enclose the open deck. The Clerk informed the Board that an affidavit was submitted by Mr. Bohigian that neighbors within a 200 ft. radius were notified of this hearing. '-','.• ,-=^-Cii.,s,i, i i * £ M j „ S 3 t i > . ' , - & ^ i , r . M£x--jfieti•^r&k£&£&tt*iihi&&i3 3J^**4asAaSS^j**34^sj^jgj^6^aggj^^ �-2No other comments, Mr. Margotta moved, seconded by Mr, Esteban that the hearing be closed. Carried. Mr. Bohigiah was told that he.would be notified of the Board's decision. EXECUTIVE SESSION Following a discussion of the variance, Mr. Esteban moved, seconded by Mr. Margotta that the Bohigians be granted a permit to erect an addition and for a variance from the provisions of Section 62-8B-7 of the Zoning Ordinance requirements that there be thirty ft. front yard clearance and for a variance from the provisions of Section 62-8B-7 that there be a sum of twenty-five ft. side yard clearance on property known and designated on Tax Assessment Map of the Village of North Tarrytown as Section 14, Block 2, Lot 1A1. Carried. Respectfully submitted, Filomena Fallacaro Clerk � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1975 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1975-04-02 Subject The topic of the resource Zoning Board Minutes & Resolutions-1975 Date A point or period of time associated with an event in the lifecycle of the resource 1975 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/ac569b92992d0c0e35c40152e90d9228.pdf f73d31dd27b92bb17c3139b3f6e53ad0 PDF Text Text NORTH TARRYTOV/N, N.Y. February 20, 1975 /0 ^ 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 Peter Esteban David J. VJhelan, Counsel Joseph Jelenek, Building Inspector Absent John Arcate Thomas Connelly Chairman Friere called the meeting to order at 8:00 P.M. Clerk Fallacaro read the notice of hearing to consider the request of Victor 8 Edith Zelig of 34 Miller Ave., Tarrytown, N.Y. for relief on appeal from a decision of the building inspector in denying a permit on applicants' proposal to erect a garage and for a variance from the provisions of Section 62-8B-7 of the Zoning Ordinance requirements that there be twenty (20) feet rear yard clearance and for a variance from the provisions of Section 62-8B-2-3-4 to permit a garage to be built in an M zone on property known on the Tax Assessment Map of the Village of North Tarrytown as Section 16, Block 3, Lot 25. Clerk Fallacaro stated that the applicants filed an affidavit to the effect that property owners within a 200 ft. radius were notified of the hearing. Mr. Margotta asked Mr. Zelig if he would be doing work on gas pumps and was answered in the negative. Mr. Margotta stated that the variance requested at the rear lot line is five feet. The code states twenty feet in front and twenty feet in the rear. If Mr. Zelig builds the garage smaller, the property in the back will be absolutely useless. If the building is brought forward, he will not be able to park cars in the front, said Mr. Margotta. He stated that he did not think it is necessary to have the twenty feet in the rear, since the railroad is below the bank. On a question of Mr. Esteban as to how many people will be employed, Mr. Zelig answered three. Mr. Louis Falasca stated that Mr. Zelig anticipates buying the small parcel to the left of his property. y , _ a —^ •£«^»x «.ij;^;~sflteijK**^^^ " �1 On a question of Mr. Ratshin as to limited retail uses, Mr, Zelig stated that .there will j-ust be automobile repair work, no body and fender or paint-work; Mr. Jelenek questioned if;he will make his own parts and was answered that he might do so, Counsel inquired of Mr. Zelig if the garage would be an overall service station and was answered in the negative. Following a discussion, Peter Esteban moved, seconded by James Margotta that the hearing be closed. Carried. EXECUTIVE SESSION Following a discussion, Peter Esteban moved, seconded by James Margotta, Victor and Edith Zelig be granted a variance to permit them to build a.garage within five (5) feet of the rear yard and also permitting this garage to be built in a M zone on on their property known and designated on the Tax Assessment map of the Village of North Tarrytown, as Section 16, Block 3, Lot 25. Carried, No further business to come before the meeting, the same was duly adjourned. • . Respectfully submitted, Filomena Fallacaro Clerk #-.**-* .s^^-^-^iKi.^:^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1975 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1975-02-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-1975 Date A point or period of time associated with an event in the lifecycle of the resource 1975 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text