1 25 2 https://sleepyhollow.localarchives.org/files/original/ef4a78166638fe69f2d5ada01205f60a.pdf 13e10fe66dcbd375eb4bd22bdf2a0366 PDF Text Text NORTH TARRYTOWN, N.'Y. June 28, 1977 M> 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 Edward Swaby Morton Linzer John Arcate Robert E. Friou, Counsel Joseph P. Jelenek, Bldg. Insp. Chairman Friere called the meeting to order at 8:15 P.M. after which Clerk Fallacaro read the notice of hearing to consider the request of William J. Krotiuk of 3 Farrington Avenue, North Tarrytown, N.Y., for relief on appeal from a decision of the Building Inspector in denying a permit on applicant's proposal to erect a six ft. fence and for a variance from the provisions of Article IV, Section 62-13, paragraph F of the Zoning Ordinance of the Village of North Tarrytown requirements that no wall or open or solid fence in excess of five (5) 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 of the Village of North Tarrytown as Section 14, Block 9, Lot 1J. Chairman Friere asked if there was anyone present who would like to address the Board on the proposed variance. Mr. Margotta inquired if the variance requested,wasJ solely for the Broadway side andU4r. Krotiuk answered in the affirmative. Mr. Swaby inquired if there was any intention of planting a hedge on the side and was answered '••no. ... Mr. Margotta stated that there are several other residents in the area who have six ft. fences. ;He asked Mr. Krotiuk if his fence abuts someone else's fence. Mr. Krotiuk stated that there was an empty lot in back of him and the next house has a 6 ft. fence. Mr. Linzer inquired of Mr. Krotiuk if the fence he plans to erect is of the same type as he has now and was answered in the affirmative. Mr. Margotta stated that.since there 'are no objectioris to the request and since there are other.fences in^the area six ft. arid for the safety reasons, etc. as[stated in the application, moved, seconded by Morton Linzer that Mr. Krotiuk be granted a variance from the provisions of Article IV, Section 62-13, Paragraph F of the Zoning Ordinance to erect a six ft. fence on the Broadway side of property �-2known and designated on Village tax assessment map of North Tarrytown as Section 14, Block 9, Lot 1J. Carried unanimously. Mr. Swaby stated that he generally opposes six ft. fences, however, this is a different case and would go along with the variance. There being no further business to come before the hearing, James Margotta moved, seconded by Morton Linzer that the same be duly adjourned. 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-1977 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_1977-06-28 Subject The topic of the resource Zoning Board Minutes & Resolutions-1977 Date A point or period of time associated with an event in the lifecycle of the resource 1977 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/f6cde2624e639e93322e1de18ee5301a.pdf 7d7b94bb5d6072caf0bf41a8a4a93615 PDF Text Text NORTH TARRYTOWN, N.Y. August 9, 1977 *'. Two hearings were held before the Zoning Board of Appeals of the Village of North Tarrytown, N.Y. on the above date. Present John Arcate, Vice-Chairman James Margotta Morton Linzer Gregory Doherty, Acting Counsel Absent James Friere, Chairman Edward Swaby Vice-Chairman John Arcate opened the business meeting at 8:00 P.M. and stated that since this was the first public meeting we have had that he would just like to conduct a short business meeting. Mr. James Margotta moved to nominate James Friere Chairman of the Zoning Board of Appeals, seconded by Morton Linzer. Mr. Morton Linzer moved to close nominations, seconded by Mr. Margotta. Carried. Vice-Chairman Arcate declared James Friere Chairman of the Zoning Board of Appeals. Mr. James Margotta moved, seconded by Morton Linzer that John Arcate be appointed Vice-Chairman. Carried. Mr. Linzer moved to adjourn the business meeting, seconded by Mr. Margotta. Carried. Clerk Fallacaro read the first notice of hearing to'consider the request of Mrs. Frances Brown, 14 Kingsiand Road, for relief on appeal from a decision of the Building Inspector in denying.a permit for the erection of a one-family dwelling and for a variance from the provisions of Section 62, Sub-section 8B, paragraph 5 o f the Zoning Ordinance requiring a minimum lot size of 15,000 square ft. and width requiring 100 ft on property known on the Tax Assessment Map of the Village as Section 11, Block 1H, Lot 13. Vice Chairman Arcate asked if there was anyone present who would like to address the Board on the request for a variance. Mr. D. Caraley,-Chairman of the Planning Board, in a prepared statement, stated that neither the appeal from the decision of the building inspector nor application for a variance on the two public ^, hearings were referred to the Planning ?Board;for review and >recotnmeridation as required in Section 62-48 of the Zoning Code. He requested that the hearings be postponed or that ho decisions be made until the Zoning Board has followed the proper procedure. �-2After Mr. Caraley had read part of the paragraph 62-48, Mr. Margotta completed the sentence and stated that he had taken it out of context and it was unreasonable for Mr. Caraley to come this evening. « Mr. Caraley stated that he had instructed the building inspector to transmit to the Planning Board a copy of the appeal or application made to the Zoning Board. Mr. Dolierty stated that in his opinion, the way the Zoning Ordinance was written, the matter was not jurisdictional and was merely procedural, therefore, a legal obligation to convey notice to the Planning Board would not effect the legality of the hearings. Mr. Arcate inquired of Board members if they would like to continue with the hearings. He stated that he would be in favor of proceeding to which Messrs. Margotta and Linzer also agreed. He stated that since Mr. Caraley had already interpreted 62-48, the Planning Board had notice of the hearing. He stated that the hearings are held in consistent with prior practice. He stated that people have the right to obtain a prompt decision in a manner which the Village has proceeded in the past. The Board has an obligation to fulfill and if not, would place the Village administration in an embarrassing position, Mr. Arcate moved to continue the hearings, seconded by James Margotta, * Mr. Arcate polled the Board and Messrs. Margotta, Linzer and Arcate voted in favor of the proceedings. Speaking on the hearing, Mrs. Doris Pellett, 5 Webb Road, stated that one side of the street is very crowded. She would like an assurance that the home be sold in the same price range as the homes on the block have been sold, Mr. Larry West, 8 Webb Road, asked for a history of variances. Mr. Arcate stated that this was the practice to grant variances when there were hardship cases, In this particular case, he stated that the Board recognizes that this lot was in the original subdivision, before an amendment was made to the Zoning Ordinance. The Clerk read a letter from Robert Ponzini on behalf of the „ Sleepy Hollow Manor Taxpayers Association, that he reviewed-the building plans and found no apparent violations,, He stated that the plans have been submitted for approval to the residents of #7, #8, #10 and;#ll Webb Road, and they have voiced no objections. Based on the plans, the Association has authorized him to enter his approval for the requested construction, said Mr. Ponzini. Mr. West stated that he was opposed to the variance. • Mr. Linzer stated that the property existed prior to the new amendment and could be used for.building or for sale, whatever. The petition presented in 1968, said Mr, Linzer, raising the ordinance iCrequirements was for any new subdivision of large parcels which would be more in keeping with the appearance of the community than the prior ordinance. This would be an upgrade, he said. fc#^±£Ui;>L^W^*}^vi»~^ :<s>aB" �-3Mr. Linzer stated that in all fairness to the people who had lots at the time, they are entitled to consideration. They bought these lots whether for protection of privacy or to build, he said. It would be grossly unfair to those people, said Mr. Linzer. Mr. Arcate stated that the purpose of the Zoning Board was to act as an agency for relief. Mr. Linzer moved, seconded by Mr. Margotta that the hearing be closed. Carried. Vice-Chairman Arcate called the business meeting to order for the purpose of considering the request of Mrs. Brown for a variance. Mr. Margotta moved, seconded by Mr. Linzer, that Mrs. Brown be granted a variance from the provisions of Section 62, Subsection 8B, paragraphs of the Zoning Ordinance of the Village of North Tarry town permitting the erection of a one family dwelling on property known on the Tax Assessment Map as Section 11, Block 1H, Lot 13. He stated that he based his motion on the fact that certain circumstances or conditions are such that the strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of land or building, and also based the motion in accordance with Section 62-2. Carried. Mr. Arcate inquired of the Clerk if a certified letter was received to the effect that surrounding property owners within a 200 ft", radius were notified of the request and she answered in the affirmative. Clerk Fallacaro read the notice of hearing to consider the request of Mrs. Mamie Boyd, 58 Hudson Street, North Tarrytown, N,Y? for relief on appeal from a decision of the Building Inspector in denying a permit for the renovation of interior of garage and for.a variance from the provisions of Section 52, Subsection.8B,,paragraph M of the Zoning Ordinance to permit the;repair of'automobiles with a spcialization in radiators on property known on Tax Assessment Map of the Village of North Tarrytown as Section 16, Block 3, Lot IB. Mr. Caraley stated that he would like his statement again be included in the record. Mr?,Arcate?ksked if there:was anyone^ present who would like to address the Board on the request for a variance. inquired Mrs. Boyd/if the variance is granted and if in the future the business does not work out, if a candy store or beauty shop could be allowed instead. Mr. Margotta stated that she would have to appear before the Board again to request another variance. Mr. Ugo Checetii, 51 College Avenue, inquired if it was the duty of the Zoning Board to change the use other thaii what is specified under the Zoning Ordinance. He stated that the zoning should be changed in the area. �-4Mr. Arcate stated that he should address the Board of, Trustees on the matter of changing the zoning. The Zoning Board addresses itself to the application it has before it, said Mr. Arcate. Mr. Arcate inquired of Mrs. Boyd if she sent in a certified letter regarding the notification of surrounding property owners and she stated that she had spoken to surrounding neighbors who do not object to the variance. Mrs. Lynn Carter, 54 Hudson Street, stated that she had no objection to the variance. Mr. Linzer stated that the whole area should be changed so that people would not have to come up and ask for a variance. Mr. Jelenek stated that the Planning, Zoning Boards and Board of Trustees had met to discuss changes in the zoning ordinance, but no action was taken. At this time, Mrs. Boyd signed an affidavit to the effect that she notified surrounding neighbors of the request for a variance. No further comments, Mr. Margotta moved, seconded by Mr. Linzer that the hearing be closed. Carried. Vice-Chairman Arcate called the business meeting to order to discuss the application of Mrs. Boyd for a variance. • Mr.., James Margotta\moved, seconded;by Mr. Linzer,- that\Mrs . BoycH be granted'a.variance from thefprovisions of Section 52, Subsection^8B, paragraph' M of: the Zoning Ordinance permitting the repair of'- automobiles with a specialization of radiators 'Jon property_)known . on. the Tax . j; Assessment Map of the Village of North TarrytownVasj'Section/^ljSi'r-Biock'/S-; Lot IB, contingent upori^ receipt ;of the.certified >list;of'jii6^erty owners who have been notified of her^for :a variance within ten days.from,the date of hearing.. He stated thatrhis motion is based^onthe fact that such relief can be granted ^without .^ substantial detriment to the:public good and without substantial impairment to the intentf'ahd purpose-of the comprehensive land use; plan and the Zoning Ordinance,- (62-40 C-l-e) and in accordance with Section 62-2. Carried. There being no ! further ^business^ toif come -before the meeting, Mr, Linzer moved, seconded by Mr. Margotta that the same be duly adjourned. 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-1977 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_1977-08-09 Subject The topic of the resource Zoning Board Minutes & Resolutions-1977 Date A point or period of time associated with an event in the lifecycle of the resource 1977 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