1 25 4 https://sleepyhollow.localarchives.org/files/original/a2cb17ced6c95f85e5727c4fb2e75df8.pdf 3bf740bd02f2af4febcc5fddffe0386f PDF Text Text North Tarrytown, New York May 19, 1981 Present: • ?. John Arcate, Chairman Aldo Ceconi Edward Swaby Frank Paolantonio Martin Ruaiie Robert Ponzini - Attorney John Tucciarohe - Esq. Chairman Arcate called the hearing to order at 8:10 P.M. Linda Fu&ichi, cler^, read the notice of hearing to consider the request of Dominick and Diane Gagliardi, 22 Bedford Road, for a appeal from the Building Inspector's decision against the erection of an 8 ft. high fence, as the zoning ordinances limit fence height to 5 ft. Chairman Arcate asked if anyone present wished to address the Board. Mr. Gagliardi explained to the Board members that this proposed fence would go between his property lot on the west side and the lot on which Tom's Exxon station is located. As cars and debris at the station are highly visible, the additional 3 ft in height is needed for privacy. Chairman Arcate then asked Mr. Gagliardi if all neighbors within 200 ft of his home had been advised of his plans. Mr. Gagliardi replied he had not advised these neighbors. Mr. Arcate noted that since all property owners within 200 ft. of the Gagliardi residence had not been notified prior to thehearing,it would not be legal for the Boied to continue the hearing. He advised Mr. Gagliardi to send registered letters to all property owners or otherwise provide proof of notice as the Zoning Ordinance required. He then read this portion of the code to all present. Attorney Robert Ponzini said the Board could not legitimately follow • thru with tonight's hearing, and suggested that this hearing t>e adjourned until Mr. Gagliardi has sent these registered letters to all owners within �2. 200 ft. of the Gagliardi property. • A motion was made by Mr. Swaby and seconded by Martin Ruane to recess this hearing until further notice. The clerk, Linda Fukuchi, then read the notice of hearing to consider the request of Kevin and Berriice Donahoe of 141 Webber Avenue to have their property reclassified for the sole use as office(professional) space without using the property as a residence. At this hearing Mr. Tucciarone served as legal council. Chairman Arcate asked if anyone present wished to address the Board. Kay Lingardo, 27 Pine Close, asked what the residency zone for the Donohoe property is at present. There appeared to be a typographical error in the public notice, which indicated the Donohoe property*as being R-5, which is multi-family. It should have read R-3, a one-family residence. Chairman ^^Arcate explained that since both R-3 and R-5 would require a variance this error was not important to the question before the Board. Attorney Thomas J. Leyden, representing the Donohoes presented an affidavit showing that on May 1, 1981, registered letters were sent to all neighbors within 200 feet of all points from the Donohoe property. Mr Leyden gave the vouchers to the clerk showing receipt and acknowledgment. Mr. Leyden briefly mentioned how restricted use of this property for office use was granted by the Zoning Board in 1956. sought now. He said no request for manufacturing is planned and/or being The company seeking use of the Donohoe property is the Xerox Corporation and Mr. Leyden noted that a company such as Xerox will use this space wisely. Mrs. Kay Lingardo contested,-noting she hadn't been notified. She is . opposed to the commercial use of this property, especially as it is in a ^presidential area. Mr. Leyden^responded to a:question from the Board,;saying there will be �3. no structural changes"with Xerox as the tenant. Board member Swaby •ft asked Mr. Leyden to submit any structural plans to the Board. Mr. Leyden replied that there would be'no structural changes. Mr. Castelli of the Xerox Corporation then addressed the Board. he will head a research group of Xerox. take place. He explained that He said no manufacturing will He said Xerox wishes to fix and maintain the building, along with the grounds on the said lot. When asked if anyone will live on the property on a permanent basis, Mr. Castelli replied in the negative, with the exception of an occasional visitor spending a night at the office. Mrs. Lingardo siad she was upset to see this property becoming a site of solely business use. Chairman Arcate explained to Mrs. Lingardo and others present that a variance could be granted for a certain time limit and/or conditions. Thus the change for the use of the building could be only for the term of the lease. Mrs. Faiola Andrycich, abutting property owner said she was not notified of tonight's hearing. theless got notice. She explained to all that she never- She stated that she had vaious problems with the Donohoes previous tenants. Mr. Leyden assured her that Xerox could not and would not present such problems with parking that the previous tenants had caused. Mr.* Leyden said the number of cars will increase, but with good control of parking. He assured the Board and all present that Xerox will improve the condition of the property." Chairman Arcate said that the Board's aim is to avoid hardship either to the property owner or neighbors. He asked if Xerox will maintain the roads. Mr. Leyden replied saying that trees, landscape and • roads will all be improved with the presence of Xerox. -uK- ;Jj£f2-lj£i i , 'rJ.-i n i u ^ w'-Af- ~=sfl - fA^'^^,'MM&i^^s^=^^i£^&&^^^^^. �4. Mr. Gabriel Hayes, of Amos Street questioned the length in years of the variance. The Board replied the variance might only be granted for the term of the lease. Mr. Hayes said he was concerned regarding the future use of land on a new lot. Would corporations be allowed to own them for corporate use? He also voiced concern regards to parking. Mr. Castelli of the Xerox Corporation, explained that the intended staff would be for 13 people initially, with a maximum of 20 people. Mr. Leyden told Mr. Hayes of a parking lot that exists on the former tennis courts. Mrs. Andrycich also commented on the parking, asking that parking be restricted to the lower lot.(the tennis courts). Mrs. Lingardo asked if any signs will be erected, to which Mr. Leyden replied in the negative. Chairman Arcate noted that property owners are not allowed to have signs except as provided by the code. Mrs. Lingardo voiced concern as to the possibility of the mansion becoming a "Conference Center". Chairman Arcate reminded all that Xerox would be bound to the Zoning Board's ruling and that conference center use was not being asked for. Mrs. Francis Hayes voiced concern that other homes in the future might do likewise, turning the neighborhood into a mini-corporate area. She said a 10 yr. lease to Xerox is too long. She asked for an ex- planation of zoning variances. Chairman Arcate read Section 62-40, paragraph C, applying to variances and to further explain the duties and functions of the Zoning Board. �5. Mr. Thomas Cavalieri asked if Xerox would have the same use as a prior tenant. Chairman Arcate replied no, as there was no residency use being asked for and therefore none to be granted. Mr. Cavalieri asked that Xerox be bound to parking, possibly on the tennis court and thus not bother Mrs. Andrycich. Chairman Arcate told all that a variance can be granted with stipulations. Attorney Leyden said that a 10 year lease for Xerox, with two five year terms for renewal was agreed to. >> Mrs. Lingardo voiced rio concern as long as Xerox must stay by the guidelines discussed tonight. Her concern, she said, is that Xerox would possibly want to expand and add on in the future. Mr. Donohoe replied, saying his land and property will not change. Mr. Ceconi asked Mr. Castelli if there would be a catering firm serving Xerox. Mr. Castelli said no. Mrs. Hayes asked for a stipulation limiting the number of people allowed to spend a night at the residence. Resident Demetrios Kringas, expressed concern for abutting owner Mrs. Andrycich, such as during the winter with snow and icy conditions, would Xerox take care of their communal road? Mrs. Andrycich then r addressed Xerox, "asking if they were aware of her needs to keep and protect her lot and property: Xerox agreed to using the other entrance for garbage collection so as to;keep /any bother Xo Mrs. AnJdrycich down to a bare minimal. Mr. Ceconi asked how many vehicular entrances are on the Donohoe lot? Mr. Leyden replied two. Attorney Leyden presented the Board with a detailed map of the Donohoe property to view. �6. Chairman Arcate asked for a motion to close the hearing. The motion was made b"y Martin Ruane and seconded by Frank Paolantonio and carried unanimously. Business Meeting The business meeting session began at 10:10 p.m. Chairman Arcate told all present they were welcomed to stay. Chairman Arcate asked the Board for their comments. Mr. Cecohi said he was against a 10 year lease with two five year lease renewals. He said that was too long. Chairman Arcate reminded all that stipulations can be put into the terms of the variance. Mr. Swaby commented, asking why would the Board deny Xerox use of the Dohohoe property due to the performance of previous tenants? He wants to protect the neighborhood with a stipulation of no more than 20 people and/or cars in the variance. Chairman Arcate voiced concern that Xerox could eventually become the owner. He would like a limit put on this variance along with a limit on the number of cars or the number of people hired. Mr. Gorton of Xerox Corporation said quietness on the property during evening hours^is assured, along with keeping the property well-maintained. He would see to it that good relations with neighbors in the area will be maintained. Mr. Ceconi asked if any security guards would be on the property. Mr. Catelli replied in the "negative. The mansion would have mechanical house detectors only. Chairman Arcate suggested that the Board Consider the following stipulations as a requirement in granting the variance: ;\ 1. Sane tenancy would be allowed, but no change of ownership, v ^ „ :. �7. 2. Occupancy of the mansion may not exceed 20 people on a normal or consistant basis. • 3. Xerox would guarantee the maintenance of egress of neighboring owners. 4. . Trash collection, vendors and others must adhere to "neighborhood hours and avoid noise in normal residential quiet hours. : 5. A statement from Mr. Leyden to the Building Inspector with a copy of the conditions of the lease (excepting the cost to Xerox). This is to inform the Village to know who is responsible for the property. Mr. Lyden replied he would comply. 6. Parking areas will be designated so as not to block the road, or access to the road. A proposal was then made to grant a variance, with the above stipulations, Section 62-2 and 62-40c of the Zoning Code, by Ed Swaby and seconded by Martin Ruane, and was unanimously carried. In closing, Chairman Arcate suggested to Mr. Ceconi that he draft a proposal for possible use in granting of variances for various time limits. All Board members approved the minutes of the previous meeting. Amotion was made to end this evening's session by Frank Paolantonio, seconded by Martin Ruane and carried unanimously. The hearing adjourned at 10:50 P.M. Respectfully submitted, linda Fukuchi Acting 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-1981 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_1981-05-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-1981 Date A point or period of time associated with an event in the lifecycle of the resource 1981 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/d711f35735f4339e69e9de071c1d2dd3.pdf 33a7e4e8548e4c0818a6ec788ab4f4d6 PDF Text Text Zoning Board North Tarrytown, N.Y. June 16, 1981 A hearing was held before the Zoning Board of Appeals on June 16, 1981. Present: Edward Swaby, Vice Chairman Frank Paolantonio Martin Ruane Victor Page, Building Inspector Mr. Swaby called the meeting to order at 8:20 P.M. • As tonight's hearing? was a resumption of May 19th's hearing, Mr. Swaby asked that the minutes from the previous hearing be accepted. Said motion was made by Mr. Paolantonio, seconded by Mr. Ruane and carried by a unanimous vote. The Public Notice of hearing was read by Linda Fukuchi, clerk, to consider the request of Dominick and Diane Gagliardi, of 22 Bedford Road, No. Tarrytown, to<erect an eight (8) foot fence in height, three feet higher"than allowed by the Zoning Ordinances. Mr. Swaby asked Mr. Gagliardi if all neighbors within a 200ft. radius of his house had been notified of his plans to build this 8ft. fence. Mr. Gagliardi replied in the affirmative, and submitted certified mail receipts to the clerk, showing all neighbors had been notified. Mr. Gagliardi wishes to enhance his property, as trees on his lot have been cut down, and there is no privacy at present. Mr. Swaby asked why an extra 3 feet in height are needed, (the Zoning Ordinances allow a maximum of 5 feet). Mr. Gagliardi said their pool is in full view from the street now, and also, that children in the area walk through his property. At present, their view is of a service station. , Mr. Ruane asked if said fence is constructed, would a neighbor's view be blocked? Mr. Gagliardi said no, as the fence will run west from a neighbor's garage to his property, obstructing no one's view. Mr. Swaby asked if a:5ft. fence would be sufficient due to the upward slope of Bedford Road. Mr.^Gagliardi said no, as the Exxon; station would still be visible. Other possibilities were discussed such as a hedge. Mr. Gagliardi noted that trees can grow taller than an 8ft. fence. Business Meeting Mr. Ruane noted that fas their pool is above ground, he could see, the need for additional height in-the ;fence. Mr. Page noted that their terrain is eroding due to children walking on their land, and he concurred with Mr. Ruane /.saying the"fence is needed. Mr. Swaby said that the fence would eliminate the pool as an "attractive nuisance", and would be a protective measure. �-2It was decided to grant the variance for a 5 year period to the Gagliardis, as long as they remain owners at this property, which must then be renewed on proper application by the property owner. Failure to submit a proper application will deem the variance null and void*by operation of law. .Section 62-40C allows the granting of a{variance due to exceptional topographical conditions, or exceptional arid undue hardship upon the owner. It is also to prevent intrusion as the Gagliardi's pool is fully exposed due to their terrain. The motion to grant said variance was made by Mr. Ruane, seconded by Mr. Paolahtonio, and was carried unanimously. > - There being no further business, Mr. Paolantonicrmade the'motion to close tonight!s meeting at 8 :55P.M. , seconded by Mr. Ruane and was carried unanimously. . Respectfully submitted, Linda Fukuchi � 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-1981 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_1981-06-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-1981 Date A point or period of time associated with an event in the lifecycle of the resource 1981 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/e0e37ee6251469e0295ffae9f5e3fe63.pdf 2d05ac4acf19e6d1df6cbce78068044f PDF Text Text «:•- • * Minutes of Zoning.Board ; September 24,i 1981 Village of North Tarrytown « Present: Mr. John Arcate Mr. Robert Ponzini, Counsel Mr. Aldo Ceconi Mr. Frank Paolantonio Mr. Edward Swaby Mr. Martin Ruane Mr. Victor R. Page, Building Inspector Hearing to decide on variance requested by Mr. & Mrs. Patrick Munroe, 63 New Broadway, North Tarrytown, N.Y. to build an extention on existing back porch. Mr. Arcate called the hearing to order at 9 p.m. on September 24, 1981. Marie Timmings, acting clerk read the Public Notice. Mr. & Mrs. Munroe were not present but'addressed a letter to the Board to.explain that they could not be present for serious reasons. The Monroes provided the Board with signed evidence that their construction plans were made known to all property owners, as required by the ordinance. The Monroe property at 63 New Broadway is nori-. conforming as to size and set back, therefore, a variance is required to build a porch. Being no other persons present, the hearing was closed and the chairman opened a business meeting on the matter. t Mr. Swaby questioned whether or not the proposed porch would be enclosed. Mr. Munroe provided'the Board with plans for his proposed porch which did not indicate that it would be enclosed. The Board decided that if the Munroes wished to enclose the porch, they would require another variance. Mr. Frank Paolantonio made a motion to grant the variance to Mr. & Mrs. Munroe and it was seconded by Mr. Aldo Ceconi and unanimously approved by the Board after it was agreed that the cost of the addition is within the range of cost provided for in the ordinance paragraph 62-25. Mr. Arcate referred to Zoning Code, paragraphs 62-2 and 62-40 and pointed out ^fcthat the Board recognizes that the circumstances have come about regarding ^^the Munroe' s property solely due to a non-conf ormifig lot si'ze arid set back arid that this construction, the rear, will in no way aggravate the situation. Further, the house will meet the land coverage requirement and the rear yard requirements. Mr. Arcate advised the Building Inspector that the Board;finds that permission should be granted to the Munroes to proceed with the construction. Meeting was adjourned at 9:30 p.m. Respectfully submitted, - • z' ' • ' • • - - - / . • • - Marie Timmings, Acting Cl'irk - �VILLAGE "OF NORTH TARRYTOWN, NEW YORK 28 L UP E. Z E G A R E L L I . « AA S J. CAVALIER1. BUILDINGS JANET AVENUE CHAIRMAN AND GROUNDS GANDOLFO. WHITE. GOVERNMENTAL JAMES RECREATION MISS CHAIRMAN RELATIONS. SENIOR J. TIMMINGS. LABOR RELATIONS. DlFELICE. JLIC PUBI AMATO TREASURER AND ASSESS. CHAIRMAN VILLAGE SAFETY SORIANO. LIC W O R K S FALLACARO C LER K IRENE VILLAGE ROBERT J . MARIO MAYOR CITIZENS CHAIRMAN TAX EXEMPT TIMMINGS FILOMENA VILLAGE MRS. JAMES J. DEPUTY CHAIRMAN FINANCE AND DEVELOPMENT. MARGARET BEEKMAN MAYOR CHAIRMAN INCORPORATED 1074 30 October 1981 Mr. & Mrs. Patrick Monroe 63 New Broadway No. Tarrytown, N.Y. ^ Dear Mr. & Mrs. Murrroe: After public hearing and due deliberation, the Zoning Board of Appeals at a meeting held on September 24, 1981,, granted^you a variance from Section 62, Subsection 8B, paragraph 5 of the Zoning Ordinance of the Village of North Tarrytown, to construct an extension to an existing rear porch on property known and designated as Section 17, Block 19, Lots 23-24A, on premises located at 63 New Broadway, North Tarrytown, N.Y. Sincerely, .4 '4*C«-*^s Filomena Fallacaro Clerk cc: Building Inspector "where the Headless Horsemen rode" PONZ1NI COUNSEL �(INorth Tarrytown Zoning Board September 24, 1981 Village of North Tarrytown Present: Mr. Edward Swaby, Chairman (due to Mr. J. Arcate's absence) Mr. Mr. Mr. Mr. Aldo Ceconi Frank Paolantonio Martin Ruane Victor Page, Building Inspector The hearing was reconvened and called to order at 7:35 p.m. chaired by Mr. Edward Swaby, this hearing continued the hearing on the request for a variance by Capozza Realty Corp. (Mr. Frank Capozza). Mr. Frank Capozza sent registered letters to the owners of the adjacent properties and the Village of North Tarrytown has received verification that Cooney Bros., Mr. Johnson, and Sleepy Hollow Custom Kitchens were advised of Mr. Capozza's intention to construct an addition on his existing building. Mr. Swaby then read a letter the Board received from the North Tarrytown Fire Department (copy attached) stating their opposition to this variance. They request that the Board not approve this variance until Mr. Capozza complies with their request to construct dikes around the fuel tanks. All the members of the Zoning Board in attendance agreed that the Board only had to be in receipt of notification that the property owners adjacent to 11 River Street have been notified of Mr. Capozza's intentions; and, that the Fire Department's request was of no concern to the Board but was an entirely separate matter which should be dealt with by the Fire Department Hearing was closed and a business meeting was called to order. Mr. Ruane made a motion, seconded by Mr. Ceconi, that since the Board has received verification that Mr. Capozza has advised adjacent property owners of his intent as the Board requested, that it now grant the variance, for the reasons stated at the meeting on September 24, 1981. The motion was unanimously approved by the Board. Mr. Swaby asked if the Board wished to take any further action regarding the request made by the Fire Department. Mr. Ceconi said that the Board should advise the;Fire Department that they take the matter of dikes up with the New York State Environmental Regulatory Commission. The Board agreed this was the best action to take. Mr. Swaby made a motion to write to the Fire Department (copy of letter attached), seconded by Mr. Ruane and unanimously approved. Fire Chief Hennessey came into the meeting at 8 o'clock and he was informed of the Board's decision on the variance and of their intention to write a reply to the Fire Department. • • v.ti.VjAlfei.-KrJF.' r,-^T '^^^£^^i-^-X'4^^£$^^^^^^^'^'^s^-^^^^^^^c^'^^^^^M' �-2- Motion to adjourn at 8 o'clock was made by Mr. Paolantohio and seconded by Mr. Ruane. .Respectfully submitted, Marie Timmings, Acting^Clerk copy of Fire Dept.. letter attached copy of Board's reply attached �A2> Minutes of Zoning Board September 24, 1981 Village of North Tarrytown • Present: Mr. John Arcate Mr. Robert Ponzini, Counsel Mr. Aldo Ceconi Mr. Frank Paolantonio Mr. Edward Swaby Mr. Martin Ruane Mr. Victor R. Page, Building Inspector Hearing to decide on variance requested by Mr. Frank Capozza of Capozza Realty Corp., 11 River Street, North Tarrytown, N.Y. to build an extension above existing structure. Mr. John Arcate called the hearing to order at 8:10 p.m. on September 24, 1981 Acting clerk, Marie Timmings read the Public Notice. Mr. Frank Capozza, Bellwood Avenue , North Tarrytown, N.Y. was recognized as well as Mr. Charles Riley, Surveyor, 21 No. Broadway, Tarrytown, N.Y. Mr. Capozza explained that he wished to build an office for himself above the existing building ;on River Street. Site plans were distributed by Mr. Arcate to members of the Board;'site plans were drawn up by Mr. Riley. At the request of Board members Mr. Frank Paolantonio and Mr. Edward Swaby, Counsel Robert Ponzini advised that as to those members who are customers of Frank's Oil, there was no conflict of interest in this case nor would there be any profit made from granting or not granting this variance. • Mr. Swaby questioned the reason for the non- conformity. Mr., Capozza's building at 11 River Street is non-conforming due to set back. This is because he deeded front yard property to the Village in 1952 or 1953 in order for the road to be widened. It is the result of this that his property has less than the required 20-foot set back. Mr. Capozza received a variance in 1970 and "expanded the structure in question to include an office; this expansion was a lateral extension. Mr. Ceconi questioned Mr. Capozza as to whether or not he had provided , written evidence of notice from all owners within 200 feet of hisproperty, (Code requirement; paragraph 62-44). Mr. Capozza advised the Board that he had received a written statement from Mr. Cooney, which he showed to Mr. Page, indicating that he knew of the plans. This letter was not available. Further, Mr. Page advised that two other private property owners required notice. The Chairman advised Mr. Capozza and Mr. Riley that the hearing would be suspended pending their providing(the Board-with*evidence of notice to property owners. Both Mr. Capozza arid Mr. Riley said they would comply with Mr. Arcate's request. Mr. Ceconi questioned whether the Fire Department had any objection to|the i proposed addition. He was informed-by Mr. Page that the Fire Department did 'not register any objection and that the addition would comply with safety ^ wisiar- *s >jvav.t ^.' .<L:^- * , - i €.J?Jj?^^~fC^£:Mii£~&k£&%ivi:^ �regulations. Mr. Ponzini noted that there is a fire hydrant nearby. questioned, Mr. Capozza said the addition would be made of masonry. When The question of sufficient parking was brought up. Mr. Capozza advised that there is sufficient parking in front and in back of the building. There are four employees in his office. The hearing was then suspended and the chairman opened a business meeting. Mr. Ceconi felt the Board should grant Mr. Capozza a variance. Mr. Arcate quoted from the Zoning:Regulations, 62-25, Alteration or extension. (Page.6246) pointing out a limitation of a structural alteration. Mr. Capozza advised the Board that the approximate cost of his proposed addition would be $25,000. Mr. Arcate advised the Board that he felt this was a unique situation because of the circumstances at the site brought about by the owner transferring land to the Village which would otherwise have made his property conforming. Mr. Arcate also said the.proposed construction would hot ih any;way violate or adversely affect the particular circumstances of the property., He also noted that there were no parties in objection and that, beyond this, no other parties appeared at all. Mr. Capozza was advised that he must present written evidence that the property owners within 200 feet of 11 River Street have been advised of his proposed construction. It was suggested that he send a registered letter to the four owners concerned. Mr. Capozza advised the Board that he would take this action immediately. Mr. Arcate listed cited regulations from the. Zoning Regulations?-of the '{•. Village of North Tarrytown which would'be favorable to the Board deciding for the foregoing request. TEe regulations specifically referred to are 62-2 and 62-40. Mr. Swaby stated that he felt this proposed variance - would "seem to be. within the requirements of the ordinance and the limitations of a non-con forming building. ' ,; . . _;..-:. Decision regarding variance wil1 be held off until the Board receives T evidence that adjacent property owners have been advised of construction plans. A tentative date for the continuation of the hearing was set for Wednesday, September 30, at 7:30 p.m. The minutes of the previous meeting were adopted. The meeting was adjourned at 9 p .m. and seconded by Mr. Ruane). (Motion was made by Mr. Paolahtonio Respectfully submitted, Marie Timmiiigs, Acting dferk �A - ' o ^ t e <L*ye<s VILLAGE OF NORTH TARRYTOWN, NEW YORK 28 BEEKMAN AVENUE ILIP E. 2 E G A R E L L I . MAYOR * ES J . TIMMINGS. CHAIRMAN F I N A N C E A N D DEVELOPMENT. FIRE JAMES J . TIMMINGS JANET GANDOLFO. CHAIRMAN DEPUTY G O V E R N M E N T A L A N D LABOR RELATIONS MISS FILOMENA M A R I O D l F E L I C E , CHAIRMAN POLICE AND LIGHT PETER S O R I A N O . P U B L I C WORKS MAYOR FALLACARO V I L L A G E CLERK MRS. CHAIRMAN IRENE AMATO V I L L A G E TREASURER ROBERT J . PONZINI T H O M A S J . C A V A L I E R I , CHAIRMAN RECREATION A N D P A R K S . WATER A N D SEWER VILLAGE M A R G A R E T W H I T E . CHAIRMAN SENIOR C I T I Z E N S . P U B L I C SERV. A N D C U L T U R E INCORPORATED 1874 October 5, 1981 Chief William HennesseyNorth Tarrytown Fire Department 28 Beekman Avenue North Tarrytown, N. Y. 10591 Dear Chief Hennessey: We have received your letter of September 26, 1981 regarding the variance requested by Capozza Realty Corp. (Franks Fuel). The Zoning Board of Appeals has discussed your letter and has found no reason to warrant withholding the variance which Mr. Frank Capozza has requested. Your concerns were quite clear to all members of the Board and the feeling was that this is probably a matter for the New York State Environmental Regulatory Commission. The concerns which you raised are serious and it is our suggestion that you contact the above agency. Sincerely, Edward Swaby, Member, for Zoning Board of Appeals ES:mt "where the Headless Horseman rode" COUNSEL � 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-1981 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_1981-09-24 Subject The topic of the resource Zoning Board Minutes & Resolutions-1981 Date A point or period of time associated with an event in the lifecycle of the resource 1981 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/cbc810f8bd70e2578ec401cd8d4b4ac3.pdf d3d9d14f798daf7cc3460d8f62ce393c PDF Text Text Minutes of Zoning Board meeting of December 17, 1981 Present: Mr. Edward Swaby, Presiding in absence of Mr. John Arcate Mr. John Tucciarone, Attorney Mr. Victor Page, Building Inspector Mr. Martin Ruaiie Mr. Frank Paolantonio Mr. Aldo Ceconi Meeting was called to order at 8 p.m. and the Public Notice was read. Hearing was held to consider an appeal for a variance by Mr. David Freyler. Mr. Freyler proceeded to explain the type of business he hopes to operate. It will be a small family business run by Sylvia, David, and Dennis. There is to be a United Parcel pick up service, handcrafts , and restoration of furniture. Mr. Freyler also presented evidence that property owners adjacent to his property were notified of his request for a variance. Mr. Swaby read a letter written by Victor Page, Building Inspector, advising David Freyler that the building at 38 Beekman Avenue was non-conforming. David Freyler explained that his furniture refinistiing will be done without the use of flammable materials. He will conduct his business within the legal limits of the Building Code. The Attorney, Mr. Tucciarone, questioned Mr. Freyler as to whether or not he would be doing any sanding. Mr. Freyler said he would not use machines and would use only water-based stains on the furniture restoration. Mr. Ceconi asked Mr. Freyler why there was a spray .booth*;in the site plan. Mr. Freyler explained that after advice from Mr. Page regarding restrictions on the building, he decided to do his spraying outside the Village limits. Mr. Tucciarone brought up the question of customer parking. Mr. Freyler advised that he has received written permission from'Mrs. Irene Callas and from Mr. John M. Braria to use three*parking spaces in each of their lots (corner of Broadway and Beekman Avneue, next to Municipal Building and lot next to Post Office). Parking facilities will be within 60 yards of 38 Beekman Avenue. Mr. Swaby remarked that Mr. Freyler's requirements are substantially different from those in the^original application for a variance, i.e. spray booth in cellar and United Parcel Service pick up and delivery. Mr. Freyler explained that after receivingllr. Page's;letter stating restrictions on non-conforming;building, he changed his plans to eliminate the spray booth and UPS will be only a pick-up service. �-2Mr. Victor Page advised David Freyler that there should be some changes and additions to the building so that it would conform to the Building Code; the front door should swing out and there should be a fire wall along the stairway from the first to second floor. Mr. Swaby asked if there were any people in the audience who wished to speak. Mrs. Cora Falber, 32-34 Beekman Avenue (Ross Hardware) spoke for David Freyler and said she had no objection to his business. Fire Chief William Hennessey spoke for the Fire Department and'stated that they were interested in exactly what type of refinishirig material will be used in proposed furniture restoration. He also questioned whether there would be any sawdust and stated that if there is a water heater with an open flame, a dangerous situation*would exist. Mr. John Holson, owner of the Sleepy Hollow Deli, 23 Beekman Avenue, spoke in favor of David Freyler's business. Mr. Duarte Oliveira, 36 Beekman Avenue, spoke and expressed his concern over the fact that David Freyler had used the driveway which belongs to Mr. Oliveira's property and he insisted that this is not to happen again: He is concerned about parking in front of his building even though there is a space with a NO PARKING restriction posted. Sylvia Freyler said that Mr. Brana (lessor) was aware of how the building was going to be used and that the Freylers had hot heard from Mr. Page regarding objections until December 17. She said the Building Inspector should have advised them of the objections as soon as he knew of their business plans. Mr. Tucciarone advised the Board that they could act on the variance at this time providing the spray booth be eliminated from the site plan and that the UP Service would only use 38-Beekman Avenue as a pick up point; also that David Freyler comply with the stipulations Mr. Page mentioned so that the building would be in accordance with the Building Code. The Attorney also asked for a copy of the lease and specified that David Freyler correct his petition to indicate the elimination of the spray booth and the change in the United Parcel service. Hearing Closed. Mr. Swaby advised that the Board would now conduct their business session and informed the audience that they would only be permitted to listen. Mr. Martin Ruane said that he felt.if Dayid-Freyler would comply with the necessary conditions set forth by the Building Inspector and if he would act in accordance with Mr. Oliveira's wishes, the Board should grant the variance. Mr. Frank Paolaritonio is concerned about the United Parcel pick up and the problem of possible double parking. �-3- Mr. Swaby asked that a motion be made regarding variance. # Mr. Ruane made the motion, seconded/by Mr. Paolantonio, that David Freyler be granted the variance subject to the requirements which have been set forth as well as the submission of a;lease for consideration by the Board; that David Freyler's petition indicate permission for parking spaces and the elimination of the spray booth and the limitation of UP service to only pick-up service. Also, that the petition indicate that the business will be handcrafts and furniture restoration which will not utilize any big machinery now or at a future date and that David Freyler operate his business in accordance with his one-year lease. The variance will only apply as long as this business is run by Mr. David Freyler. This motion has been made in accordance with Code provisions, naragraphs 62-2, 62-25 and 62-40. Motion carried unanimously. Charles Freyler asked when they could open for business; he was informed that they could open immediately. Meeting adjourned at 9:30 p.m. Respectfully submitted, - Q" Marie Timmings ' � 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-1981 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_1981-12-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-1981 Date A point or period of time associated with an event in the lifecycle of the resource 1981 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