1 25 3 https://sleepyhollow.localarchives.org/files/original/b935e6faf8c413f923c32a53e3e7e15c.pdf f8b75d0b699abd5ced1a1db18256ed65 PDF Text Text North Tarrytown Zoning Board of Appeals September 30, 1982 Village of North Tarrytown, N.Y. Present: [(f John Arcate, Chairman Aldo Ceconi Frank Paolantonio Martin Ruane Victor Page, Building Inspector Robert Ponzini, Village Attorney The Zoning Board of Appeals of the Village of North Tarrytown held a public hearing on Thursday, September 30, 1982, to consider the request of Paul Kyriakides, 13 Barnhart Avenue, for an appeal from a decision of the Building Inspector that denied a permit for erecting a two story extension to the rear of the house, as it would have violated provisions of the Zoning Ordinance. Chairman Arcate called the meeting to order at 8:10 P.M. The clerk read the public notice to all present. Chairman Arcate then asked if anyone wished to address the Board. Mr. Nick Mascia, of 53 Rosehill Avenue in Tarrytown, who drew the plans for the Kyriakides spoke for him. He told the Board that the extension to the house would beautify both the interior and.exterior of the building. He said the Kyriakides family need an additional bedroom for their children and a dining room. All Board members carefully studied the floor plan. Chairman Arcate noted that the Board required evidence, to hold a valid hearing, of notice to,all property owners within 200ft. of the Kyriakides residence. Mr. Kyriakides said he and his wife had circulated a notice to all such neighbors, which they had signed, and that the list had been given to the Village Clerk. That was then shown to Chairman Arcate and the Building Inspector, and was determined to be satisfying the Code's requirements. Chairman Arcate also acknowledged that no one was present to contest the variance. Chairman Arcate asked if the failure of granting the variance would cause a hardship. Mr. Kyriakides said yes, it would cause a hardship as it would not be practical to extend the house within the side yard requirements. The extension being sought would cover more than 35%, the maximum permitted yard coverage, and would violate the side yard requirement of the Zoning Ordinances. The side yard requirement by the Village Codes in this case would be 5 feet on one side, and 15 feet altogether. The Kyriakides house at present has only 3 feet on one side, 1 foot on the other side, for a total of only 4 feet. The Village Building Code calls for a minimum rear setback of 25ft. In the plan shown for the extension on the Kyriakides' lot, the rear ~&J5£iv 45t .-J? .iijvs^^*ifeiJi«"i.-.*. *& Jia i-J -V;—~&J££~-=Ar~^ *i«a^.saw^*S**iS&3S&i �setback would be 32ft. As the rear yard requirement would be met, and there is no residence behind the Kyriakides house, the addition being sought would not change or alter meeting Zoning Board Section 62-7B. It was then asked if this addition would increase the value of the building by 25%, as by Section 62-25A this is not allowed. The Building Inspector advised the Board that such an increase in value would not occur thus meeting the aforementioned regulation. Attorney Ponzini asked if anyone who had signed the petition had said they were against the proposed construction? Mr. Kyriakides replied no. Chairman Arcate then moved to close the public hearing, which was seconded by Mr. Ruane, and carried by a unanimous vote. Business Meeting Mr. Ruane made a motion that the Zoning Board•ofrAppeals grant the variance being sought to Mr. Kyriakides of 13 Barnhart Avenue, North Tarrytown. Mr. Ceconi seconded the motion, and it was carried by a : unanimous vote. . - " . This variance, said Chairman Arcate, was granted on;the basis of evidence in accordance with Section 62-40-C, subparagraph 1. As there are special circumstances pertaining to this building, and due to the narrowness of this lot, this is the only means of extending the house. Extending the house along its present sidewalls is the most preferable : way for achieving the additional space needed. The rear yard setback required is 25ft., which will be exceeded, at 32ft. Such relief can be granted without causing hardship to the public in accordance with the code paragraphs 62-2, 62-25 and 62-40. The business session continued, and Chairman Arcate asked if there was any old or new business for the Board to consider. Chairman Arcate then brought to the attention of all Board'members a letter received from Mr. Giovanni Volpacchio who wishes to cut the curb in front of his lot for a 32ft. entrance to his driveway. This 32ft. curb cut request is 7ft. over the 25ft. allowed. Attorney Ponzini then read to all Board members Section 62-14, which provides that driveway curb openings may not exceed 25 feet. It was decided that the Board will answer Mr. Volpacchio's letter and if he so wishes, he may apply for a variance. There being no further business, a motion to adjourn the meeting at 9:15 P.M. was made by Mr. Ruane, seconded by Mr. Ceconi and was carried by a unanimous vote. Respectfully submitted, € • 1 •i , . r ^ - 9 . /, Linda T. 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-1982 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_1982-09-30 Subject The topic of the resource Zoning Board Minutes & Resolutions-1982 Date A point or period of time associated with an event in the lifecycle of the resource 1982 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/c58418d893c95f942b65ef3a97ab832b.pdf 47c7eac061bec7ec93f067f71310e3da PDF Text Text North Tarrytown Zoning Board August 31, 1982 Village of North Tarrytown •p Present: Edward Swaby, Vice-Chairman Aldo Cecoiii Martin Ruane Frank Paolantonio Victor Page, Building Inspector Robert Ponzirii, Village Attorney The North Tarrytown Zoning Board of Appeals held a public hearing on Tuesday, August 31, 1982 to consider: (1) The request of Patterson and Lynne Shafer, 124 Hunter Avenue, North Tarrytown, N.Y., for,an appeal from the Building Inspector's decision in denying the Shafers a permit for the erection of a two-car garage in that same garage would be in violation of Section 62, subsection 8B, paragraph 7 of the Zoning Ordinance, as the garage would violate the required 25ft. setback from the rear lot line of the property. (2) Also to consider the request of Stephen and Patricia Maceyak, 13 Elm Street for an appeal from the Building Inspector's denial of a permit for the erection of a swimming pool as it would violate Section 62, subsection 17, paragraph B of the Zoning Ordinances, as this pool would be erected within 5ft. of their easterly and westerly property line instead of the required 10ft. sideyard setbacks. Vice Chairman Swaby called the meeting to order at 8:10 P.M. The clerk then read the public notice of the Shafer's request to all present. Mr. Swaby asked if anyone "present wished to address the Board regarding this request. Mr. Shafer addressed the Board and told how he wished to add a bedroom to their house, which would be constructed off of their kitchen, and with another bedroom above, and a 2-car garage. It is the garage for which a variance is being sought. As their lot is triangular, it restricts the use of their land"and how they are able to build on an addition. Mr. Shafer explained they would continue the outer decor on the new rooms in the same style as the house is in now, and that the lot would remain basically unchanged. Mr. Schafer read a letter to the Board members from neighbors Thomas and Gail Brown saying they were in favor of the proposed house expansion by the Shafers. He also presented a list of signatures from all neighbors within 200ft. of the house, and of other neighbors inJthe area showing their acknowledgement: of tonight's meeting and that they have no objection to the Shafer's plans for the 2-car garage. Mr. Shafer said the site plans were in the hands of Mr. Page. Mr. Beck of 115 Hunter Avenue, asked that the Board grant the variance to the Shafers. At this point, a motion was made by Mr. Paolantonio to close the public hearing, which was seconded by.Mr. Ruane, and was carried by a unanimous vote. The Board then went into a closed session. �Mr. Paolantonio noted the difficulty of working with a lot shaped such as the shafers, and that they were limited by this factor. He voiced a strong approval for granting the variance. The Board temporarily suspended a decision while Mr. Ponzini verified some legal matters. The Board then returned to public session after Mr. Ruane made such a motion, which was approved by all. The Clerk read the public notice to all present regarding the request from Mr. & Mrs. Maceyak. Mr. Page explained to all how the Maceyak's lot has a narrow 26ft. lot and is unable to meet the 10ft. sideyard'setback. His lot is of an unusual size, Mr. Page noted. The pool would be approximately 35ft. from the back property line, and pool would measure 18'xl2I and would be 4ft. deep. Mr. Maceyak presented a list of signatures from neighbors within 200ft. of their residence, showing no objections to the pool. At present they have an 8ft. high fence around their lot. A fence will also be built around the pool. This pool will have retractable steps which can be locked into place, making the pool inaccessible. Mr. Ruane made a motion to close the public session and enter into private, which was seconded by Mr. Paolantonio. Vice-Chairman Swaby asked if there were any further items to consider regarding the variance for the Shafer*s lot. No further comments were made. He then said as the Board is in favor of granting the variance, a motion was needed. Mr. Paolantonio made the motion, which was seconded by Mr. Ceconi and the vote was unanimous. The following was drawn up as the basis on which the variance was granted by Attorney Ponzini. "Whereas Lynn and Patterson Shafer have applied for a variance from Section 62, subsection 8B, paragraph 7, requiring a 25V setback from a rear line and whereas, said applicants have sought permission to construct a 2-car garage, and Whereas, there are practical difficulties in the way of carrying out the strict letter of said provisions of the Zoning Ordinance of North Tarrytown, and Whereas, the strict application of the ordinance would deprive the applicant of the reasonable use of said property, and Whereas, due notice having been served and no residents or property owners within 200 feet having objected at the public hearing on said application, Now therefore be it resolved: That the application of Lynn and Patterson Shafer be granted, permitting the erection of a ^?c a r ; garage oh the southeast corner of the property designated'as Section :14, Block 4, Lot.l W on the Village Tax map within 5' of the property line of said property. Said construction subject to the continuing approval of the Building Inspector and the Zoning Code of the Village of North Tarrytown. Mr. Ceconi asked that the following be put in the minutes. �* \ * - 3 - • Congratulations to both Ed Swaby and John Arcate (in absentia) on becoming grandparents. # The Board then started discussing the Maceyak's application for a variance. Mr. Ruane entertained the motion to grant the variance, which was seconded by Mr. Paolantonio, and the vote was unanimous, based on the following written decision drawn up by Attorney Ponzini: Section 62, subsection 17, paragraph B:"Now therefore be it ; resolved that the application be granted permitting the erection of a swimming pool not to exceed 15' in diameter and not less than 5' from the westerly line: of5;said,property designated as: Section 15, Block 6, Lot 15 of the Official Tax Map of the Village of North*Tarrytown. Such variance shall b^e further conditioned on^continuing cooperation with the Building Inspector arid"compliance with the Zoning Code of the Village of North Tarrytowri. Futhermore, said variance 'is personal in nature to the applicants herein; that upon sale,.transfer, lease or devise of the property, said variance•shall terminate automatically by operation of law and such successors in interest shall be required to remove said swimming pool without notice." Mr. Ruane made a motion to accept the minutes of the Board's last meeting. There being no further business, Mr. Paolantonio then made amotion to end tonight's meeting at 10:00 P.M. which was seconded by Mr. Ceconi, and unanimously agreed upon. Respectfully submitted, • •?• Linda T. Fukuchi, acting clerk ;k^s^3^^s^X^^e£iA^^Ai&iSii-,i'i?J(,-ii.^isi-B!& �TVp£:r-;;; p$v... ^ '^^r^»: "^ ?0 £ -*a^-r^-'' ^7-^/? /?v^ ••v '^dXskzSSsm&i ^ • J k ^ j * S f e - s S ^ i o & i i s a i ; ^ j i ^ S ^ ^ f e i i S i a i ^ ^ a s ^ S i l & » � 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-1982 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_1982-08-31 Subject The topic of the resource Zoning Board Minutes & Resolutions-1982 Date A point or period of time associated with an event in the lifecycle of the resource 1982 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/08e28d9c7e14c8a01660ad66757f33c1.pdf 0428236b29e8e9d429a6920cc0e5427f PDF Text Text North Tarrytown Zoning Board January 21, 1982 Village of North Tarrytown Present t4 Mr. John Arcate, Chairman Mr. Mr. Mr. Mr. Mr. Aldo Ceconi Frank Paolantonio Martin Ruane Edward Swaby Victor Page, Building Inspector Mr. Robert Ponzini, Village Attorney The North Tarrytown Zoning Board;of Appeals held a public hearing on Thursday, January 21, 1982 to consider.the request of Mr. Imre Poor of 151 Harwood Avenue, North Tarrytown, N.Y. for an appeal from the Building Inspector's decision in denying the Poors a permit for the erection of a swimming pool which would be in violation of Section 62-8, paragraph B7 of the Village's Zoning Ordinances, as the pool would have a setback of 11.92 feet instead of the required 25 ft. setback. Chairman Arcate called the meeting to order at 8:10 P.M. and asked if anyone present wished to address the Board. Mrs. Joseph Finnegan of 154 Farrington Avenue, addressed the Board and voiced her opposition to the Poor's pool. Mrs. Finnegan feared that since this is an above ground pool, and should the pool become damaged, water would "cascade" into her kitchen and basement as there is no protection between her lot and the Poor's property. Mr. Joseph Finnegan asked that the Board not grant the appeal, as the above ground pool does not enhance the neighborhood, and asked that the Board continue to keep Philipse Manor as it is. Mr. James Margotta, 25 Merlin Avenue, said the village needs a stronger code for pools. With above ground pools, do we know how much wood is needed to support a pool? Is the design of the pool safe? Do these pools crack easily? Mr. Imre Poor asked the Board to please.grant the permit, saying he would be sure all safety measures would be taken. Should any damage occur to neighbors' properties, he would pay for any such damages. He was unaware that a building permit was needed. Chairman Arcate asked Mr. Poor if he had;signatures from . surrounding neighbors allowing the pool's construction. Mr. Poor gave a list with two neighbors signatures and told the Board no other neighbors had voiced any opposition. Chairman Arcate expolainecT to?Mr. Poor-that the code ^required signatures from all neighbors within 200 feet of the Poor's residence must be given as written evidence that they were aware of theJ hearing. �-2Proof of registered letters (receipts) from the Post Office indicating all such.parties had received'notice of the intended plans by the Poors for the pool. Board member Mr. Ceconi asked whether Mr. Poor had understood these ground rules in applying for ahrappeal. Chairman4Arcate said \tonight's meeting could serve no purpose until they had evidencefthat the%Poors had met this ruling. Attorney Ponzini explained that the Board could not legally allow or handle the matters presented tonight. At 8:35 P.M. the Board went into their business meeting session. . Chairman Arcate said it was clear that the notice was sufficiently explained to the JEJoors prior to.tonight's meeting, ; but that the Poors had come inadequately prepared. There were two options: (1) deny the application, or-(2) suspend tonight's hearing and resume at a later date. A special hardship is needed in granting a variance. Mr. Swaby said that he saw no'evidence of hardship or special topographical conditions at the Poor's lot. Chairman Arcate then said as code requirements had not been met, the application was incomplete and must be denied. Mr. Swaby made a motion that the Board dismiss the Poor's application for an appeal to obtain a building permit due to an incomplete application and lack of sufficient evidence to justify the granting of a variance. The Board voted to deny the appeal .;., unanimously as failing to satisfy paragraphs 62-2, 62-25 and 62-40 of the code. A motion was then made by Mr. Paolantonio and seconded by Mr. Ruane to accept the minutes of the previous meeting. All voted in favor. Mr. Swaby read the ruling'from the Zoning Board's Rules and , Ordinances on swimming pools, and said he felt the Village Board of Trustees should be referred to this ruling, which needs to be clearer. Mr. Margotta said he felt the Building Inspector needs to be given more details to go by when permits are submitted for pools. He suggested that plans on how a pool will look once installed be required as a means of quality control. There being no further business, Mr. Paolantonio made a motion to adj ourn tonight's hearing, which was seconded by Mr. Ruane, and unanimously passed. Respectfully submitted, (^UU^U-^L. # Lirida T. Fukuchi Acting Clerk ;^»*|Xi^«^ 'i.f^ftvt- :-^H?£^li&^-w^k»ji*^M^^&Bk^^-*isii^^^^^^^^^^^ � 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-1982 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_1982-01-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-1982 Date A point or period of time associated with an event in the lifecycle of the resource 1982 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