1 25 6 https://sleepyhollow.localarchives.org/files/original/f1e96330c0fa89c33bfee95a9d25a18b.pdf 4f6836829727f612c5ce40064fc12bfb PDF Text Text NORTH TARRYTOJN, N.Y. June 7, 1983 A meeting was held before the Zoning Board of Appeals of the Village of North Tarrytown, N.Y. on the above date. Present John Arcate, Chairman Aldo Ceconi Frank Paolantonio Arthur Brady, Counsel Chairman Arcate called the meeting to order at 8:25 P.M. The public notice was read to all present. The Zoning Board-of Appeals of North Tarrytown held a public hearing to consider the application of Mr, Carlos Custodio of 46 Pocantico Street requesting a variance from the Building Inspector's. decision in denying a permit to erect a stockade fence six (6) feet in height and 35 feet in length along the easterly boundary of Pocantico Street between Beekman Avenue and Howard Street. In that saidtuse would'be in violation of Section 62-13, paragraph F2 of the Zoning Ordinances of the village which prohibit fences in excess of five (5) feet in height in a residential zone. Chairman Arcate asked if anyone present wished to address the Board. Mr. Custodio addressed the Board.and explained that a fence, six (6) feet in height, was needed in his rear yard on the property line for privacy from his rear yard neighbor. Mrs. Custodio also spoke, explaining that a fence was needed for the safety of the young child. Board member Mr, Ceconi said he had looked at the Custodio's property, and agreed with the applicant that the six (6) foot high fence was needed for their privacy. At 8:35 P.M. the Board went into their business meeting session. Mr. Ceconi again noted that he had looked at the Custodio's property, and concurred with Mr. & Mrs. Custodio that the six (6) foot high fence was needed. Chairman Arcate noted that granting the variance would allow only one (1) foot'more in height than five (5) allowed by the zoning ordinances. A motion to grant the variance on grounds that one (1) additional foot in height is needed for a six (6) foot high fence was made by Mr. Ceconi, and seconded by Mr. Paolantonio, and unanimously passed. This variance was granted on a basis of need and judgment of the Zoning Board in keeping with the zoning code, and does not in any way interfere with the village, in accordance with �paragraphs 62-2, 62-25 and 62-40. It was noted that all residents within 200 ft. of the Custodio's property had been notified of tonight's hearing. A motion was made by Mr. Pao1antonio and seconded by Mr. Ceconi to accept the minutes of the previous meeting. All voted in favor. Chairman Arcate said there is a new open meeting law which was passed by New York State. He asked Attorney Brady to advise the Board on this new law. Attorney Brady explained to all present that under the new law meetings must be held in public at all times, including business meetings. North Tarrytown is known to act openly in all its meetings, he noted. Chairman Arcate asked Mr. Brady if individual board members making an informal inspection of an applicant's lot and con-* ditions would be in conflict under the new state ruling. Mr. Brady replied in the negative. Chairman Arcate announced that the Zoning Board's next meeting would be oh June 28, 1983 at 8:00 P.M. He also announced to other Board members,that the Planning Board would be meeting June 30, 1983 at 8:00 P,M. to hear Dr. and Mrs. Schole, and encouraged them to attend if possible. There being no further business, Mr. Paolantonib made a motion to adjourh tonight's hearing, which was seconded by Mr. Ceconi, and was unanimously passed. Respectfully submitted, Linda Tt 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-1983 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_1983-06-07 Subject The topic of the resource Zoning Board Minutes & Resolutions-1983 Date A point or period of time associated with an event in the lifecycle of the resource 1983 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/11c7a1198a4cab12085257976b6f76e6.pdf 5f7f25e13194e2da70d7e0bcad691f29 PDF Text Text NORTH TARRYTOWN, N. Y. & L May 3, 1983 A meeting was held before the Zoning Board of Appeals of the Village of North Tarrytown, N.Y. on the above date. Present John Arcate, Chairman Edward , Swaby, Vice-Chairman Aldo Ceconi Frank Paolantonio Martin Ruane Victor Page, Building Inspector Joan McCarthy, Attorney (Sub for Robert Ponzini, Village Attorney) The Zoning Board of Appeals of North Tarrytown held a business meeting to further consider the request of Dr. Murray L. Schole of 487 Munroe Avenue, for a determination of the Zoning Board which had been subject to hearings and meetings on February 10 and March 31, 1983. Vice-Chairman Swaby called the meeting to order at 8:35 P.M. Business Meeting Vice-Chairman Swaby asked Mr. Page if he had new information to share with the Board members. Mr. Page explained how he had researched the Schole's.property sub-division (see attached letter) going .back to March, 1946 when a request for an apportionment was made, followed by another request in April, 1946 for sale purposes. Mr. Ceconi asked if the Schole's property has been on the tax rolls as one lot since 1947, to which Mr. Page replied in the affirmative. Mr. Page then read to all present the history of the property sub-division of the Schole property ; (see attached letter). First in March, 1946 a request from R.L. Kneour for an apportionment of Sec. 14, Blk 16, Lot 1 was sent to the Board of Assessors for approval. Secondly, in April, 1946 "The estates-of Robert E. Farley requested apportionment of Sec. 14, Block 16, Lot 1, for.sales purposes and submitting metes and bounds descriptions". Thirdly, on January 1, 1947, "The property was entered on the tax rolls, after sub-division, as Sec. 14, Block 16, Lot 1-L, .52 Acres". Mr. Ceconi then made a motion to deny the granting of the variance as requested by Dr. Schole. Mr. Paolantonio suggested this was a matter which Dr. Schole should instead take to the Planning Board. Mr. Ceconi replied that theiNorth Tarrytown.tax assessment rolls show Dr. Sctiole's property as:only one lot, and that Dr. Schole appeared to be asking the Zoning Board for two lots. �-2Mr. Swaby said that was exactly what the Zoning Board cannot do, creating an extra lot is a power the Zoning Board does not have. • Attorney Joan McCarthy, substituting for Village Attorney Robert Ponzini concurred in that the Zoning Board has no such power to "create" lots. Mr. Picco noted that Dr. and Mrs. Schole were issued a building permit when their new porch was built, with no legal problems whatso-ever.. Mr. Swaby answered that thus the land had to have been one lot, otherwise there would have been a rear yard setback violation. Mr. Swaby noted that when the house was constructed, it was designed to face Munroe Avenue, thus the owner, would be unable to divide the property into two lots. Mr. Picco replied, saying if the house was built on one large lot originally (150' x 150'), why is it that the Schole's house occupies space of a lot 75' x 150', leaving enough land for another lot of 75' x 150'? All this points to two lots, 75' x 150' each. Mr. Swaby answered saying possibly there were plans for building a tennis court, or a swimming pool with the extra property. The fact remains, it was one house on one lot. Mr. Ceconi agreed. Chairman Arcate, who was delayed and arrived at the meeting late read from Mr. Page's letter, dated April 8, 1983 (see attached letter), He explained how the Schole property had once been part of a larger lot, and that Mr. Page had found out through research that the Board of Assessors sub-divided this land into one lot. He further stated that the Zoning Board does not.have the implicit power to sub-divide property. . As far as the need'for a variance goes, one is not needed for the Schole's property as they have 75' x 9" as a rear yard setback, Mr. Paolantonio said the evidence is so conflicting between North Tarrytown and the Town of Mt. Pleasant. Mr. Swaby answered, saying there is no conflict within* North Tarrytown's prior actions, maps and tax assessment rolls. Mr. Ruane said he saw it as an injustice "that a person is told'he has two lots by the Town of Mt. Pleasant, while North Tarrytowri says he owns one lot. Mr. Cecohi said the Zoning Board has nothing to do with this matter. It should be presented to the Planning Board. Chairman Arcate agreed, saying the Zoning Board has no authorization to sub-divide *property. ShouldvDr. Schole get a sub-division through the Planning Board, he could then approach the Zoning Board for a variance. But the Board has no power to sub-divide property.; He said the only failure Dr. Schole's property would have is that his rear setback does not conform should his property become two lots, then a variance would be needecT " • Chairman Arcate commented that the real .problem^seems to:be-that the title searches made-at the time of"Dr.:Scholes purchase did not go back to when the original sub-divisions of land were made. ^^^^'.^r^^sjiMm&^^M&k^&MM&&&^^Mm^m^&i �-3The motion to deny the variance was made by Mr. Ceconi on the grounds that the research shows Dr. and Mrs. Schole have one lot, and thus there is no need to grant a variance. The motion was seconded by Chairman Arcate. Chairman Arcate said these were unfortunate circumstances, beyond the control of the Zoning Board. The Vice-Chairman then asked all to vote. variance carried with a 3-2 vote. The motion to deny the The Zoning Board of Appeals of North Tarrytown continued the business meeting to further consider the application of Mr. Enrico Solari, a contract vendee of the property located at Section 17, Block 21, Lots 102 and 103 on the Tax Assessment Map of the Village of North Tarrytown. This was a continuation of the meeting which was originally held on April 14th, 1983. Vice-Chairman Swaby asked Board members to consider Mr. Solari's appeal for relief, and asked Board members for their views and comments. Mr. Paolantonio said he would go along with Mr. Page's recommenation made at the April 14th meeting that the Board grant the variances to Mr. Solari. Mr. Ruane asked if the property was an R-2 area, and if so, why was a variance needed? Mr. Page explained that it was an R-2 area, but on a non-conforming lot a variance is needed. The area now has many two and three family homes. Mr. Ruane asked if the lot was 10' short in depth. Mr. Swaby said that was correct, and the lot has an area of 3,600 sq. ft. in an area where 4,000 sq. ft. is required. -v ' £ Mr. Ruane asked Mr. Solari if He would later on have a truck which would be parked on Holland Avenue? Mr. Solari said no, the street would not be used by him for any parking. Mr. Swaby said the Board needs to grant a variance for two reasons: 1. A variance is.required as:the lot is 3,600 sq. ft., 400 sq. ft. less than the irequired 4,000 sq'. ft., and 2. On a non-conforming lot, a variance is needed for a twofamily dwelling. Chairman Arcate stated Mr. Solari's plan for the house he wants to construct would satisfy all yard requirements. It was suggested again at this meeting by Mr. Ceconi that the paper street, Davis Street, which lies behind Mr. Solari's lot and other owners' lots, be given the opportunity to buy this land for a nominal amount. This would increase property values for all owners, and give Mr. Solari the additional land needed to make his lot a conforming one. Mr. Page suggested the Chairman Arcate write a letter to the Board �-4of Trustees in regard to the possible selling of the land on the paper street, Davis Street, to all property owners whose lots abut with Davis Street. The Board agreed. Mr. Paolantonio noted the discussion at the last meeting in regards to parking. Mr. Solari would have a two-car garage and two parking spaces in the driveway, thus there would be no more cars on Holland Avenue than there are now. Mr. Ruane also recalled the retaining wall Mr. Saracelli asked for at the last meeting, and Mr. Solari had said he would have such a wall put on the property; Mr. Paolantonio made a motion to grant a variance to Mr. Solari ^ on the grounds that'he is only 400 sq. ft. short of the required 4,000 sq. ft. needed for his lot, and that to deny him the variance would cause him undue hardship. Further, granting the appeal was in accord with the code paragraphs 62-2, 62-25 and 62-40. The motion was seconded by Mr. Ruane. This motion is only to be granted to Mr. Solari, the contractor vendee for construction of. a house per submitted plans. The vote was carried unanimously. Mr. Swaby told Mr. Solari to contact Mr. Page. He also told him to contact the Board of Trustees in regard to the possibility of purchasing part of Davis Street, the paper street. A motion was made to accept the.minutes of the last meeting by Mr. Ruane, and seconded by Mr. Paolantonio. Chairman Arcate said he had some new business to discuss. He had seen an ad in the New York Times oh April;19th for a house in North Tarrytown. The ad was for a house in Sleepy Hollow Manor, "with a complete and separate apartment". Chairman Arcate said care must be;taken to advise title searchers in the future that houses in Sleepy Hollow Manor are one-family residences. Apartments cannot be rented to anyone. There being no further business,. Mr. Paolantonio made a motion to adjourn tonight's meeting at 10:00 P.M. which was seconded by Mr. Ceconi. Respectfully submitted, Linda T. Fukuchi, Acting Clerk �10 Hemlock Drive North Tarry town, New York 10591 May 1 1 , 1982 Mayor Philip E. Zegarelli Village of North Tarry town, N.Y. 28 Beekman Avenue North Tarry town, New York 10591 re: Zon i ng Board of Appeals recommendation concerning "Davis Place". I have written to you as Chairman of the Zoning Board of Appeals upon a motion of the ZBA at our meeting of May 3, 1983, to suggest that the Village take action to dispose of the undeveloped property shown on official maps as "Davis Place". The occasion of our interest was the consideration of an application for a variance for lots 102 and 103 in Section 17, Block 21. These properties total 40 feet of frontage on Holland Avenue and are of 90 feet of depth. The sole need for a variance is that the property is 400 square feet deficient in satisfying the requirement of 4,000 square feet in area. Our concern regarding "Davis Place" and the reasons for our suggestion are as follows: 1) There appears to be no need or practical expectation that the _ Village will ever develop "Davis Place". None of the bordering land requires additional access, the "Davis Place" land is only 20 feet wide and the topography does not reasonably accommodate the construction of a street. 2) The lots which were subject to the request for a variance would otherwise not require a van"ance if only 10 feet of "Davis Place" could be added to the depth of the lots. There may be other adjoining properties that could benefit froa such added area (the Board did not make a survey). In any event, such additions would enhance their value and result in a general improvement in this part of the Village. �- 2 - 3) The general observation and opinion of the ZBA is that the "Davi s PI ace" 1 and, as 1ong as i t remai ns Yi11 age property, i s devoid of purpose and lacking in proprietary care. At times in the past it has been the occasion for public nuisance and as such will continue to be a liability to the Yi11age. We do not make these comments to suggest that the Village has in the past, or is at the present, been in any way negligent. We do, however, strongly suggest that the transfer of the "Davis Place" property to the „ adjacent property owners at a nominal price would be a readily accomplishable, progressive action. We leave this to your good judgement with the offer that the ZBA will assist such action in any manner appropriate to its function. Yours truly, , Oohn A. Arcate Copy to: ZBA Members Building Inspector Village Attorney "i � 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-1983 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_1983-05-03 Subject The topic of the resource Zoning Board Minutes & Resolutions-1983 Date A point or period of time associated with an event in the lifecycle of the resource 1983 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/a6cb1866826bacbc8f4034b08942ab4b.pdf 50a140bfcdc9c73607bc91a531defd36 PDF Text Text no. NORTH TARRYTOWN, N.Y. °^ April 14, 1983 A meeting was held before the Zoning Board of Appeals of the Village of North Tarrytown, N.Y. on the above date. Present Aldo Ceconi, Acting Chairman Martin Ruane Frank Paolantonio Victor Page, Building Inspector The Zoning Board of Appeals of North Tarrytown held a public hearing on April 14, 1983 to consider the application of Enrico Solari, a contract vendee.of the property located at Section 17, Block 21, Lots 102 and 103 on the Tax Assessment Map of North Tarrytown, and located on the west side of Holland Avenue, between Gordon Avenue and Reid Place, from a decision of the building inspector denying an application for a building permit in that said permit requests permission to construct a residence on a parcel of land with an area less than required by Section 62-8B, paragraph 5 of the Village's Zoning Ordinances, and further requesting a variance to permit the erection of a two-family residence on an existing non-conforming lot in violation of Section 62-12B of the Zoning Ordinances of North Tarrytown. Mr. Ceconi called the meeting to order at 8:10 P.M. The clerk then read the Board's public notice to all present. Mr. Cecorii asked if all surrounding property owners within 200 ft. of Mr. Solari's property had been advised of the variances being sought by him. Attorney Warren Sheldrake, representing Mr. Solari, presented certified mail receipts of all such property owners to the clerk. Mr. Page explained to all how the lot conforms, with one exception: the Zoning Ordinances, Section 62-12B calls for the lot to be 4,000 sq. ft. Mr. Solari's lot is 3,600 sq. ft. He explained that when Section 62-12B was first in the Zoning Ordinances, 3,600 sq. ft. were called for. A later change in ;the ordinance increased it to 4,000 sq. ft., as the present Zoning Ordinance indicates. Mr. Solari is 400 sq. ft. short under present ordinances. It was noted by Mr. Sheldrake that Mr. Solari needs to have the house be a two-family residence in order to carry the mortgage. Mrs. Sophie Janos, of 46 Holland Avenue, objected, saying the variance should not be granted as it is a non-conforming lot. Mrs. Rita Galgano,. of 225 Gordon 'Avenue, also*objected for the same reason, and added that she felt the house should'hot be a two-family dwelling. t Mr. Page went on to explain'that thejonly reason a variance is needed is that the lot is 90' deep, andnot the 100' deep as required. He explained how the land behind their lot is Davis Street, a nonexistent paper street. Mr. Ceconi said he wants to recommend to the Board of Trustees i»-^^i^^J»ji»j^ii%xjiXiArs-i^ ,^J-5.^f„,„.^.lir-.!^i.'-i.-.~rW-^* �-2that all owners be given the opportunity to buy the land of this paper street, Davis Street, from the Village. This would increase their property values, and would give the Solari's the additional land needed to make their lot conform to the Zoning Ordinances. Mr. Sheldrake noted that other homes in the area are two-family dwellings. He agreed that buying a part of Davis Street would solve the existing problem. Mrs. Galgano asked if the Solari's plans for their proposed patio were within proper limits. The Board answered yes, that the plans fall within proper guidelines. Mrs. Galgano expressed concern over the present one-sided parking situation on Holland Avenue and how the addition of a two-family house would mean two more cars on an already crowded street. Mr. Sheldrake answered, explaining that all cars would either be in a two-car garage or in the driveway, thus not taking up any parking space on Holland Avenue. Mr. Anthony Saracelli, of 51 Holland Avenue, asked that since the proposed house will be built on a hill, would it have a retaining wall? Mr. Page replied in the affirmative to Mr. Saracelli, a retaining wall would be built. Mr. Sheldrake agreed that a wall would be built to insure the safety of Mr. Saracelli's property. Mr. Ruane noted that no certificate of occupancy would be issued by Mr. Page unless the building and land are safe for the entire neighborhood. Mr. Sheldrake noted that the maximum height of the proposed dwelling would be 30'. Mr. Ceconi asked if anyone else present wished to address the Board. There being no further requests, Mr. Ruane made a motion to end the public hearing, and seconded by Mr. Paolantonio. The chairman upon polling the Board declared the hearing closed. Business Meeting of April 14, 1983 Mr. Ceconi, Acting Chairman, upon calling the Board Iin session, explained to all present, that the Board Chairman and another Board; member, along with the Board's attorney were all unable to be present at tonight's hearing. In fairness to all parties, Mr. Ceconi suggested the business meeting continue at a future date if there was no opposition. . . / . There being no opposition-made, a motion was made to postpone the r business meeting until April 28th by Mr. Ruane, and seconded by Mr. f Paolantonio. The meeting adjourned at 8:45 P.M; t Respectfully submitted, Linda T. Fukuchi, Acting Clerk **iH&3Br-J*£*~ fc Jf*i^"AVJiv,-Yfc--.VKlV -i%&d.'J-i-M^^^&^f&x^sSii^^^£^i£^^ � 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-1983 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_1983-04-14 Subject The topic of the resource Zoning Board Minutes & Resolutions-1983 Date A point or period of time associated with an event in the lifecycle of the resource 1983 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/a71eacc5d303e0f6f750e59e3f06eaae.pdf 343cfea2fbe5c221a00d27fe246e9fad PDF Text Text NORTH TARRYTOWN, N. Y. March 31, 1983 A meeting was held before the Zoning Board of Appeals of the Village of North Tarrytovm, N. Y. on the above date. Present John Arcate, Chairman Martin Ruane Frank Paolantonio Victor Page, Building Inspector The Zoning Board of Appeals of North Tarrytovm held a public hearing and meeting to further consider the request of Dr. Murray L. Schole of 487 Munroe Avenue, for a determination by the Zoning Board of the application of Murray L. Schole which was subject of a hearing and Board meeting on February 10, 1983. Chairman Arcate called the meeting to order at 8:25 P.M. Chairman Arcate acknowledged receipt of a letter from Donald Steever who had attended the first hearing in regard to Dr. Schole's application and voiced objection to the variance. Mr. Joseph Migliarese, builder of several homes in Philipse Manor during the 1950's and 60's, spoke to the Board, saying he had been one of the builders of the Schole residence.: The second stage of the hearing was concluded and the Board went into a business meeting. Chairman Arcate^asked when the house was originally built, was it on one lot or two lots of land? Dr. Schole explained how he had been approached by a party interested in buying one of his lots in 1956. Mr. Paolantonio noted an answer was still needed, was the house originally built on one or on two lots? Chairman Arcate said Mr. Page went back;to the assessment rolls of 1955, prior to the Schole's purchase of their house. The assessment papers showed the property listed as Section 14, Block 16, Lot 1-L in the name of Quiriri, .52 acres. There was no other lot listed. Chairman Arcate said he thus had to conclude that from the village records the house was and is on one lot, and thus a variance would not be needed. He then asked for comments from all present. Dr. Schole presented the original deed to Chairman Arcate, which showed their property as Lots 1-L arid 1-M. Mr. Page noted that Dr. Schole1 records were from the Town of Mt. Pleasant. Mrs. Schole asked if the deed might be faulty. Chairman Arcate went on to explain how this is a question of fact. He told the Scholes that as a recourse they could go to the Mt'... Pleasant of f ices arid check out their deed. He reminded all that the Board is there to determine what the records show as to the number of lots sub-divided by the Village. Mr. Ruane asked if it were possible that the Village had made an �-2error in their records. He noted how when looking at the map which shows parcel 1 and parcel 2, it might possibly have been seen and interpreted as two separate lots. Mr. Picco^ representing Dr. and Mrs. Schole related how the letter he had from the/Mt. Pleasant states two parcels were incorporated into two lots, which were later consolidated into one lot. Mt. Pleasantfs records are in contradiction to the records of North Tarrytown. Chairman Arcate explained that Mt. Pleasant has no jurisdiction over North Tarrytown's subdivisions. He again noted that if the Schole's property is on one lot, there would be no need for a variance. Mr. Page noted the blueprints of the plot plan for Lot 1-L on file with the Village did not match up with Dr. Schole's plot plan. Mr. Picco agreed with Chairman Arcate's desire to see a map showing the original sub-divisions, prior to the Board's making a final decision. Mr. Page noted Village records from 1947 when the house was built showed an area of .52 acres of property. Chairman Arcate asked if anyone had any further discussion. Mr. Ruane asked if the Board had a point of order on which to make a decision. And he reminded all present that if it is one lot, no variance would be needed. Mr. Picco said he had no objection to further adjournment so that the sub-division papers might be found. •. i* • *• Mr. Ruane then'made a motion that the variance be granted, treating the Schole's property as two lots. Mr. Paolantonio seconded the motion. Chairman Arcate noted that he did not want to jeopardize Dr. and Mrs. Schole by making a hasty decision. Mr. Ruane felt no further documents were needed, and Mr. Paolantonio agreed. Mr. Picco then said if the Board felt they had enough evidence that two lots exist, he would be pleased to see the Board grant the variance. Chairman Arcate asked if there were any further questions or discussion, to which no one replied. Chairman Arcate noted that as the Board had met without the Village Attorney, and only three of five Board members were present, and as stated that they had no intention to sell the lot there was no urgency, therefore he could not vote for the motion. If the Board would wait, there would be extra time to look for and hopefully find the sub-division papers. He felt;ho harm could be caused by a delay/in making their final decision, as there still is a question of sub-division, and he felt bound to go by the records of the Village of North Tarrytown. Mr. Picco told Mr. Page he would be in touch with him in regard to the sub-division map. t Mr. Ruane and Mr. Paolantonio withdrew their previous motions to grant the variance. Chairman Arcate asked for a motion to accept the minutes of the, previous meeting, which was made by Mr. Paolantonio and seconded by Mr. Ruane L,i*tJ^^is^i:#.-.i;^^^t^';sife»i^;£g �-3A motion to defer a final decision to a subsequent hearing on the Schole's request for a variance with a new date to be set was made by Mr. Paolantonio, and seconded by Mr. Ruane. Chairman Arcate then asked that the following be included in the minutes: For the record, he noted, we're at the :end of a Village year. Chairman Arcate gave all Board members (present and absent!) a very special "thanks" for being so regular in attendance, attentive, and for being so helpful. To Victor Page, a special thanks for his attending all meetings and helping the Board, and for his hours of preparation. And Chairman Arcate commended the Board secretary for her perfect attendance. Chairman Arcate asked for a motion to adj ourri tonight's meeting at 9:35 P.M., which was made by Mr. Ruane and seconded by Mr. Paolantonio. Respectfully submitted, 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-1983 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_1983-03-31 Subject The topic of the resource Zoning Board Minutes & Resolutions-1983 Date A point or period of time associated with an event in the lifecycle of the resource 1983 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/49fd1107405558c3bf08e9a191d2d9c1.pdf 494637446ec33c9e71794d0eff6dc0b4 PDF Text Text NORTH TARRYTOWN, N. Y. February 10, 1983 A meeting was held before the Zoning Board of Appeals of the Village of North Tarrytown, N.Y. on the above date. Present John Arcate, Chairman Edward Swaby Martin Ruane Aldo Cecohi Victor Page, Bldg. Inspector Robert Ponzini, Counsel Chairman Arcate called the meeting to order at 8:15 P.M. The Zoning Board of Appeals of North Tarrytown Held a public hearing to consider the request of Dr. Murray L. Schole of 487 Munroe Avenue, for a determination of the Zoning Board to permit the maintenance and present use of the porch located on said property wtiich is now in violation of the setback and side yard requirements provided for in Section 62-8B of the zoning regulations of North Tarrytown. The clerk read the Board's public notice of hearing to all present. Attorney Edward J. Picco, representing Dr. and Mrs. Schole, submitted a list to the clerk of all property owners within 200ft. of the Schole residence, certifying they had been advised of the variance being sought by Dr. and Mrs. Schole. Mr. Picco explained that when they purchased their house in 1956, their property was divided into two distinct and separate parcels of land, and is so stated on their title and deed. He went on to explain that approximately 20 years ago, the then -i existing porch was replaced, (Building Permit). A new porch was built, two feet larger than the original porch. It was noted that the house was built in 1946. Mr. Picco related how the Town of Mt. Pleasant consolidated the 1 Schole s two parcels of land into one lot in a revaluation in 1962. A variance is being sought so that the porch will not violate the setback and sideyard requirements of the lot the house is on if it is found that two lots exist. Mr. Ceconi asked if the house had originally been built in violation to the then zoning regulations, to which Building Inspector Page replied as the Scholes owned the adjoining lot there would have been no question. Donald Steever, of 157 Millard Avenue, offered several of his thoughts: .,--*.-- i -. (1). Is it a question of law as to whether the Board is dealing with two lots that have been merged"into one, or are there two lots ? If it is one lot,; shouldn'-1 the Scholes appeal to the Planning Board? He noted that the house is situated on the property it seems to be on only one lot. �-2(2). As the Schole's house is a substantial one, and in character with the neighborhood, he would hate to see this change should a sub-lot be sold. Robert Rogero, of 508 Munroe Avenue, addressed the Board. He said he is not against Dr. and Mrs. Schole being granted the variance, as he feels they wouldn't sell the sub-lot, but if someone else should buy their property in the future, they might try to sell the sub-lot, thus altering the neighborhood. Dr. Schole noted both of his lots are 75' x 150', and that there are smaller lots in Philipse Manor. Building Inspector Page said if the lot is divided into two sublots there will be less than one foot between the porch and the property line, which does not meet requirements. Chairman Arcate said the offered basis for proof that the Scholes have two lots of land is their title, deed and letter from the Town of Mt. Pleasant. Yet, what is the legal basis of sub-divisions? The Schole's property has been shown as a single parcel of land. What is the legal basis to determine whether we are dealing with a one or two parcels? Is the deed from 1914 a legal claim to a sub-division? And if so, isn't a map of 1914 needed? Mr. Ceconi noted the possibility that the house might have been built in violation to begin with, and that due to the building that occurred, maybe the two lots were "forced" into one lot. Chairman Arcate noted that the Board is aware of and in charge of enforcing the zoning rules of today. Yet, the Board should: (1). Know if the lot was sub-divided originally; (2). If so, were the two sub-divisions under common ownership; and (3). Consider whether these are valid grounds for the Zoning Board to grant a variance. Chairman Arcate asked if any hardship can be shown should the variance not be granted. Dr. Schole replied he felt that without the variance his house would be devalued should he ever need to sell land in the future. Chairman Arcate acknowledged Dr. Schole's position, but reminded him that the Zoning Board must follow the code in doing it's job. Dr. Schole mentioned it is also a hardship for him to be unable to use his second lot for any purpose other than his own. Chairman Arcate asked for a motion to end the public hearing, which was made by Mr. Swaby, and seconded by Mr. Ruane. BUSINESS MEETING v Chairman Arcate called the business meeting to order. Chairman Arcate asked for a motion to accept the minutes of the prior meeting, which was made by Mr. Ceconi, seconded by Mr. Ruane and approved. r ft >;i-i a* i ^ ^ - W ^ ^ �-3Mr. Swaby as a basis for of value, with Philipse Manor said he could not see an economic hardship in this case granting a variance. The Schole's house would still be one lot or two. He did note that the original intent for was to make the area as spacious as possible. Chairman Arcate asked Mr. Page if he could determine what the rear yard requirements were when the house was built in 1946, to which Mr. Page said yes. Mr. Ponzini said the Board needs to know what the building requirements were in 1946, and whether the Schole's have two buildable lots. Chairman Arcate said tonight's issues could be looked at as: (1). Yes, there are two lots, and a variance can be granted. (2). Yes, there are two lots, but the Board cannot grant a variance. (3). Make no decision tonight, and postpone a decision until more ' information is obtained. Mr. Page asked if the Board could postpone the decision .to a later date so he might obtain all needed past information from the Village's vaults. It was decided to adjourn tonight's business meeting and hold a second meeting within 30 days upon advice from Mr. Page that he has completed all necessary research of the Schole's lot(s). Mr. Swaby asked Dr. and Mrs. Schole to please see if they could find an original map made in 1914 of Philipse Manor through the Philipse Manor Association to show the original sub-division of their property into two lots, as their deed is dated 1914. Chairman Arcate asked for a- motion to adj ourh^tonight' simeetihg at 9:30 P.M., which was made by Mr. Swaby, and seconded by Mr. Ruane. Respectfully submitted, •••--.>*,. .- - --'--*-•„ ^ T 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-1983 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_1983-02-10 Subject The topic of the resource Zoning Board Minutes & Resolutions-1983 Date A point or period of time associated with an event in the lifecycle of the resource 1983 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/1bdd97ec901d02eaa1f52a1b4c0878cf.pdf 0995fdd351d1dbb29ea512b7fdc04d28 PDF Text Text NORTH TARRYTOWN, N.Y. January 6, 1983 A meeting was held before the Zoning Board of Appeals of the Village of North Tarrytown, N.Y, on the above date. Present John Arcate, Chairman Edward Swaby Frank Paolantonio Martin Ruane Victor Page, Bldg. Inspector Robert Ponzini, Counsel Chairman Arcate called the meeting to order at 8:05 P.M. It was noted that upon request of Dr. Murray L. Schole, the hearing on his request for a variance has been postponed and will be rescheduled at a later date. The Zoning Board of Appeals of North Tarrytown did hold a public hearing to consider the request of Mr. Laurentino Rodriguez, of 56 Clinton Street, for an appeal from the decision of the Buildine Inspector in denying a permit to finish and occupy the second floor of the Strand Roller Skating Rink at 80 Beekman Avenue in North Tarrytown. Such use would be in violation of the off-street parking requirements of Section 62-14 of the Zoning Ordinances of North Tarrytown. The clerk read the Board1s notice of hearing to all present. Chairman Arcate asked if anyone present wished to address the Board, and then acknowledged no one wished to contest or speak to the Board in regard to Mr. Rodriguez's request. Chairman Arcate therefore, asked for a report from the Building Inspector, Mr. Page. Mr. Page reported that this building had formerly been a theater with a seating capacity for over 550 people. A building permit had been granted to convert the theater into a skating rink on the first floor with an occupancy limit of 125 people. He explained that the number of square feet that would exist on the proposed second floor would be equal to that of the present first floor. Mr. Swaby asked Mr. Page what would be the construction of the second floor. Mr. Page said it would be good construction with strong rafters and adequate stairs and exits. He also noted that tne plumbing would meet all requirements. Mr. Ruane asked if all people withinj200 feet of the property had been advised of Mr. Rodriguez's application for the second floor. Mr. Rodriguez then presented a list of signatures along with certified mail receipts to all property owners within 200 feet. �-2Mr. Swaby asked if the nature of usage of the building could be considered by the Board on the basis of any variance. Chairman Arcate indicated that if a variance were to be granted, the Board should consider a maximum number of people to be allowed on the second floor. As the property at present is commercial, and always has been, the Board proposed that commercial usage of the building be continued for the second floor but that no residential use be allowed. Chairman Arcate asked for a motion'-'to end the public hearing, which was made by Mr. Ruane, and seconded by Mr. Swaby. BUSINESS MEETING Chairman Arcate called the business meeting to order. He asked the Board to consider what Mr. Swaby had asked, whether the nature of usage of the building should be a factor or should a maximum occupancy be prescribed. Mr. Paolantonio said he felt the original number of people allowed, 553, when the building was a theater was much too high a number for the building today. It was noted that at present, only 125 people are allowed in the first floor skating rink. Mr. Paolantonio proposed that the second floor be allowed 125 people as a maximum number of occupancy. Mr. Ruane asked if the second floor had a separate entrance from the building's first floor. Mr. Rodriguez said yes, and explained to Board members how the two floors had separate access. Mr. Swaby moved that the Board1grant the variance with the elimination of R-5 or any residential usage. The variance would: 1. apply to commercial business only and 2. a maximum occupancy of 125 people on each floor would be allowed. Mr. Paolantonio seconded the motion. The Board then unanimously approved the variance as defined above, and in accordance with paragraphs 62-2 and 62-40 C-l and C-2 of the Zoning Ordinances. Chairman Arcate asked for a motion to accept the minutes of the prior meeting which was made by Mr. Ruane, seconded by Mr. Paolantonio and approved. At 8:45 P.M., Mr. Ruane made a motion to end the meeting, which was seconded by Mr. Swaby. Respectfully submitted, • ... '. f Linda T. Fukuchi Acting Clerk ,- a ,-i-i>.--S£SJtitefc.»;{ ^ l ^ a ^ j ^ - j ^ - a A i ^ f e ^ ^ � 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-1983 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_1983-01-06 Subject The topic of the resource Zoning Board Minutes & Resolutions-1983 Date A point or period of time associated with an event in the lifecycle of the resource 1983 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