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                    <text>MINUTES OF THE ZONING BOARD OF APPEALS
•

VILLAGE OF NORTH TARRYTOWN, NEW YORK
—.-'-«:-:--.

r

January 21, 1988

Present:? 'John Arcate, Chairman, Aldo Ceconi, Steve Maceyak
Frank Paolontonio, James Margotta (Building
'^.Inspector), John Hughes (Counsel)
Chairman Arcate called the hearing to order at 8:10 p.m.
1.

Matter of Gary E. McLean, 282 North Washington Street
Public notice was read at Hearing by secretary.
Mr. Robert Ponzini, Attorney (office at 14 North

Broadway, Tarrytown) addressed the Board on behalf of Mr.
McLean.
*

Mr. Ponzini presented the Board with postal receipts

of notices to residents living within 200 feet of the
property.
Mr. Ponzini stated that the McLean family is interested
in improving the existing structure, a former dairy building,
and in building one 2 bedroom residence and one 3 bedroom
residence.... Mr. Ponzini noted that there is enough room on
site for£.9 parking spaces.
Mr. Ron Turnquist, Architect, 95 Beekman Avenue, North
Tarrytowii, New York, presented the site plan for proposed
construction.. It was stated that the site plan was not
required to be reviewed by the Planning Board, as the
proposal did not involve a multiple dwelling of 3 units or

fp'^^

more

Page 1
&gt;:•-•*

A t - t ^ - ..-»ji-i-.-f-.v

*&gt;..^cs»j?^»A*^«*y^K^

�Mr. Aldo Ceconi questioned whether the garages would be
part of the rental unit.

Mr. Ponzini stated that 1 parking

space would be available for the 2 bedroom and 2 parking
spaces for the 3 bedroom unit.
Steve Maceyak made a motion to close hearing.

Frank

Paoloritonio seconded the motion; motion carried unanimously.
2.

MATTER OF ELIAS TSKERIDES, 30 ELM STREET
Public notice was read at Hearing by secretary.
Mr. Tsekerides presented postal receipts and an

affidavit of notice to property owners within 200 feet of his
property.
Mr. Tsekerides stated that he would like to elevate the
deck to meet the kitchen door and build a small deck on the
third floor and eliminate the stairway.

Mr. Margotta stated

that the stairway on the third floor must remain.
-

_

*

r

Mr. Arcate stated that the reason the Tsekerides' are
before the Zoning Board is because it is a non-conforming
building/lot.

The proposed construction does not aggravate

or add to the non-conformity, they are not reducing the side
yard and the rear yard is adequate.
Steve Maceyak made a motion to close the hearing.
Paolontonio seconded the motion; the motion carried
unanimously.

Page 2

Frank

�BUSINESS MEETING OF JANUARY 21, 1988
1.

Chairman Arcate stated that the Board met on January 13

and approved the December 3, 1987 meeting minutes.

No other

business was conducted at that time.
2.

Matter of Gary E. McLean; 282 North Washington Street,
North Tarrytown, New York.
Mr. Maceyak feels that Mr. McLean's proposal is very

beneficial to the Village.

Mr. Maceyak moved to

grant the variance on the condition that each dwelling be
rented with non-optional off-street parking (1 space for the
bedroom unit and 2 spaces for the 3 bedroom unit).
Mr. Paolontonio stated he is concerned that granting the
variance in this case would create 2 principal buildings on
one lot.

Mr.

Arcate expressed the view that granting this

development would not be in keeping with the prevailing
development on North Washington Street and that the applicant
did not present unusual circumstances or hardship.
Mr. Paolontonio seconded the motion to grant the
variance made previously by Maceyak.
Mr. Ceconi, Mr. Maceyak and Mr. Paolontiono voted in
favor, Mr. Arcate voted opposed; motion carried.
3.

Matter of Elias Tsekerides; 30 Elm Street, North
Tarrytown, New York.
The Board discussed the fact that the need for the

variance was not due to the proposed construction but solely

Page 1
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«^-?-^X%fc^M:*J«Sj^^^^^^

�due to the prevailing non-conformity of lot size and side
yards.
Mr. Ceconi made a motion to grant the variance and
stated this was in keeping with Code paragraphs 62-2 and 6225.

Mr. Maceyak seconded the motion.

Motion carried

unanimously.
4.

Meeting adjourned; next meeting is scheduled for

Thursday, February 25,1988.

r.

i
Page 2
m?
«

&amp;

•

.

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                    <text>• k.

MINUTES OF THE ZONING BOARD OF APPEALS
VILLAGE OF NORTH TARRYTOWN, NEW YORK 10591
February 25, 1988
Present: John ftrcate (Chairman), Aldo Ceconi, Raymond Dool, Jerry
Sturgill, Frank Paolontonio, James Margotta (Building
Inspector), Arthur Brady (Counsel)
Chairman Arcate called the hearing to order at 8:10 P. M.
It

was

noted

represented

that

since

Village

Attorney

John

Hughes

Mr. Maceyak in the past that Arthur Brady

had

would

be

substituting in his place as counsel at the hearing.
1.

Hatter of Stephen Macevak.
Tarrvtown. New York, 10591

22

Anderson

Avenue,

North

Public notice was read at the hearing by the secretary.
Mr.

Donald Walsh, Attorney, of Walsh, Maroney, and

located
behalf

at 14 North Broadway, Tarrytown addressed the
of

Mr.

Maceyak.

Mr. Walsh presented to

the

Ponzini
board

on

board

an

affidavit of service consisting of postal receipts for notices to
residents living within 200 feet of the said property.
Mr.
Brannigan

Walsh

summarized

the letter received

from

Co., realtors, by stating that it would be a

James

hardship

for the said residence to remain one-family and recommended
it

be converted into a two-family to increase the

F.

that

marketability

of the property.
Mr. Maceyak confirmed that as stated in said letter, he

was

unable to receive any offers on his property at any price.
Mr.
be

Walsh further stated that the parking problem will

intensified

since the plans call for an

-, j*«*V^„-.,*rfi€^-«jtV_-j*;t,-&amp;^-«»j-S£*S2ti;fl

off—street

not

parking

�space

-for

the

use of the occupant of

apartment with no increase in density.

the

one-bedroom

studio

He also noted that

there

would be a minimum of impact upon other facilities.
Mr.

Walsh

environmental

concluded
impact

that

statement

the

Board

should

review

the

and

approve

the

and consider

application for his client.
Donna Zaicek on behalf of Mrs. Anna Ciancaglini of 12 Tappan
Avenue, North Tarrytown, was shown the proposed plan for the offstreet

parking

space by Mr. Walsh and

questioned

whether

the

extent of the application would be for the conversion of the onefamily to a two-family residence.
what

is

being

proposed.

Mr. Arcate noted that this was

She noted

that

if

one

person

is

occupying the apartment, then will that person have only one car.
Mr.

Arcate stated that the board cannot guarantee

whether

that

reminded

her

this particular matter is not one that has come before

the

person
that

will only possess one vehicle.

Board,

He further

but that the application is to convert an

existing

one-

family house to a two-family one.
Mr. Maceyak, in response to a question, noted that the
in
the

question was built in the year 1937.
Code

requires

two

off-street

Mr. Arcate

parking

noted

house
that

spaces.

Mr. Walsh noted that the concern of the public prior to
meeting

was

the

possible

expansion of

the

said

the

house,

but

renovate

the

expansion is not proposed in the plans.
Mr.
basement

Maceyak

noted

that he just desires

to

and leave it as a one bedroom studio apartment

very small kitchen area.

with

a

He emphasized that he attempted to sell

�the

house as a one-family residence but was unable to do so

for

the

year

was

that

it was on the market.

He

stated

that

he

currently in financial problems due to carrying mortgages on both
houses-

He is just requesting to make this conversion so that he

can rent the house and meet mortgage payments.
Emmanuel

Lobato

of 21 Anderson

Avenue,

North

Tarrytown,

noted that he supports the application and stated that the asking
price

of said property will affect the future sale

property.

of

adjacent

An addition was constructed on his residence and

the

sale price will be determined by recent sales in the Webber
area.
he,

Park

Low sale prices will be a hardship to the neighborhood
for

example,

addition
that

and

the

cannot get back the

money

placed

any other structural improvements.

conversion be allowed since it does

into

He

not

if
the

concluded

reflect

any

impacts upon adjacent properties.
Joseph Vanginderen of 115 Highland Avenue, North
the

son-in-law of the Mrs. Katherine Weaver

expressed

of 42

concern for the parking situation on Dell

Tarrytown,
Dell

Street

Street

and

noted that the problem is enormous and jeopardizes the safety

of

the public due to the many applications for conversions of single
family

homes

into multi-family homes in the Dell

Street

area.
Street

Fire

apparatus will find it difficult to enter the

Dell

area

with

street.

vehicles

parked on both sides

of

therefore objected to the said conversion and

the

He

urged the Board to

enforce the laws and reject this application.
Mr. Walsh stated that the parking situation is one that
client

is

attempting to avoid on Anderson Avenue.

He

his

further

stated that said conversion represents a model-type of conversion

--X-v-j---?r^J%&gt;,c'.4-^-i-^^n£^^^

�based upon unaltering the present character of Anderson Avenue.
Mr.

Joseph Colabella of 25 Tappan Avenue, North

Tarrytown,

noted that if the conversion conforms to all regulations, it will
not affect the character of the neighborhood in the least and

it

is only fair to the applicant that we grant his request.
Mr. Michael Schmidt of 25 Tappan Avenue noted that there are
no vehicles parked on Tappan Avenue at night.
Mr. Walsh stated that this concluded his formal presentation
and
that

respectfully
he

provide

has
the

requested that the board consider

provided and noted that he

would

be

the

record

willing

board with any additional information prior

making a decision.

to

to

it

He stressed that it has been established that

the neighborhood would experience no negative impact and reminded
the

board that he has provided an environmental assessment

form

in the paperwork submitted and thanked the board for their time.
Mr. Dool questioned whether Mr. Maceyak would be willing
give

assurance

apartment
Mr.
occupant
space

or

that

the person who will

be

occupying

to

the

will use the proposed off-street parking space.
Maceyak

gave

his word that he will -insist

of the apartment park either in the off—street
in the garage so that no additional

vehicle

that

the

parking
will

be

placed on the street.
There being no further comments or questions the hearing was
closed at 8;40 P. M. on a motion by Mr. Paolontohio second by Mr.
Sturgill and carried.

.J:i£u;.fz,=

^i^^H^^^m^^^^M^^^m^^^f^

• *«^S)£Afa«e*i£^iAjfci sfiiisiBi

^A^i^£^ASiii£is^^»^^i'^^^i^fi^g^^i^^^&amp;sjki-

�2. Matter g£ Herbert S. Beier.
Tarrytown, New York. 1Q591

150

Palmer

Avenue,

North

The public notice was read at the hearing by the secretary.
Before

the public comment period, Mr. Arcate

are

board that both himself and the village attorney
of

informed

a letter and a attached statement from Marilyn

in

the

receipt

Benjamin,

an

adjacent neighbor, which he circulated among the Board members.
Mr.

Beier

presented

the board

with

postal

receipts

of

notices to residents living within 200 feet of the said property.
Mr.

Beier

looking
deck

then addressed the board by stating that

he

for replacement of the flagstone pavement with a

placed

flagstone

at

being

grade level.

The replacement

dangerous when wet or icy.

is

due

He noted

wife fell and broke her leg about two years ago.

is

wooden
to

the

that

his

He informed the

board that he had to provide a secondary means of egress from the
house.

At the base of the stairway was the flagstone.

His

wife

is now leery of utilizing the second egress due to the flagstone.
The
side

installation
lot

property

of the wooden deck is in accordance

requirements
is

with the sole

problem

being

less than 10,000 sq. ft., and as such,

with

the

that

the

is

a

non-

confirming lot size.
Also in the application is the proposed construction of a
foot
he

high fence down the side lot property line.

He noted

is contemplating raising fruit trees on the fence

5

that

since

the

proper cultivating conditions exist.
Mr.

Arcate

constructed
Mr.

questioned whether the privacy fence

would

along the full depth of the side lot property

Beier stated that the fence will terminate at the

• ^ • ^ ^ ^ '•^^A^^m^^^:M^&amp;M^iM^k^JM

» ~ ^ ^ . ^ * ^ ^ f &amp; ^ ^ ^

be

line.

front

of

�the house-

Mr. Beier stressed that he is in compliance with

the

side lot requirements.
Tom

Benjamin of 10 Ogden Avenue, White Plains, 10605,

addressed

the

board on behalf of his parents

Palmer Avenue, North Tarrytown.
property

residing

then

at

132

He circulated photos of the said

and the second means of egress on the said property

to

the members of the Board.
Mr.
by

Benjamin then proceeded to read the statement

his

mother,

building

Mrs. Marilyn Benjamin, on

inspector

appropriate

to

who

informed

him

address the board.

the

that

In this

prepared

advice

of

the

would

be

of

statement,

it

was

it

stated that placing the house in a sideways position resulted
an

immediate

loss

of

privacy

for

the

Benjamins.

in

Personal

reasons, practical reasons, and reasons of a legal nature in

the

form of precedents were cited to support Mrs.
Benjamin's
contention that the application be denied and the events leading
up

to

the

concluded
denied

current matter in question were
that

detailed.

Mrs. Benjamin is asking that

this

It

was

variance

and that the Board order the removal of the

be

second

deck

within 15 days.
On a question from Mr. Arcate in regards to the

discrepancy

in the plans in the side lot distances, it was clarified that the
proper distance is as shown on the most recent plan.
Mr.

Beier

then

stated that after a

complaint

Benjamin, he contacted Mr. Margotta and informed
that he should cancel the request for a variance.
scheme

was

then

worked out and he reiterated that

from

Mrs.

Mr. Margotta
A different
all

he

removing is the hazardous flagstone on the side of the house

is
and

�' replacing it with a wooden platform at about 2 inches above grade
to assure a safer footing.
Mr. Arcate noted that the staircase as shown on the plan
to

gain access to the first floor level of the

Beier

agreed.

Mr.

Beier

again

stressed

secondary means of egress to the house.
wooden

deck

residence.

that

this

is
Mr.

is

the

He then stated that

the

would consist of 2 x 4 sleepers with 2 x

4

planks

placed on top.
Mr. Margotta stated that the original plan was scrapped, the
second

plan was approved, but then a complaint was received

and

construction was suspended.
Mr.

Ceconi noted that the matter has come before the

board

due to the property being of a non-confirming lot size.
Mr. Arcate stated that the letter read by Mr. Benjamin

will

be made a record of the hearing.
Mr.

Beier answered the charge of lack of privacy

indicated

by

Mrs. Benjamin's statement by noting that the lack of

is

on

the

part of the Beiers due to

residence in a sideways position.
this

was the Beier's own decision.

plans

of the proposed fence.

the

placement

privacy
of

Mr. Benjamin interjected
Mr. Benjamin then

Mr. Arcate stated that

their
that

requested
the

does not require plans but only requires that the fence meet
provisions of the Code which permits a 5 foot high fence on

Board
the
side

lots not extending beyond the front building line.
There

being

no

further

presentations

or

comments,

hearing was closed on a motion by Mr. Ceconi, second by Mr.
and carried.

7

the
Dool

�ZONING BOARD OF APPEALS
BUSINESS MEETING OF FEBRUARY 25, 1988
The

business meeting was called to order by Chairman

Arcate

at

9s19 P. M.
Old Business
Chairman
21,

Arcate requested that the minutes of

1988 meeting be approved.

minutes

were

There being no

January

corrections,

approved on a motion by Mr. Dooi ,

Paolontonio and carried.

the

second

the

by

Mr.

Mr. Sturgill commented that the minutes

are very well typed.
Mr.

Arcate then reported that a proposal from Mr.

Homan

indicated that it would be useful to hold a joint meeting with

the

*

and

Board of Trustees, the Planning Board, and the Zoning

on March 10 to discuss matters regarding reassessment.
that

Board

He stated

items for the agenda should include any other matters

that

come before the Zoning Board.
Mr.
should

Margotta added that parking for multi-family

dwellings

be addressed and gave details on the requirements.

On a question from Mr. Sturgill, Mr. Arcate stated that

this

joint meeting would be scheduled at the call of the mayor.
Mr.

course

on

zoning

at Pace College on March 22, 24, 30, and 31 from 7:30

to

lO

M.

P.

Sturgill

reported

there would be a

short

Mr. Arcate noted that the fees for this

course

have

been reimbursed by the village and Mr. Homan should be contacted.

8
I;--.-

May

�Matter of. Stephen Maceyak.
Tarrytown. New York 10591
Mr.

22

Anderson

Avenue.

North

Sturgi11 stated that this case involves conversion to

a

two family dwelling in a R-4 zone.
Mr. Arcate stated that we have no -factual information on the
percentage of building structure to lot area.
It

was

again

stressed that the conversion

is

to

a

one

bedroom studio apartment.
Mr. Sturgi11 stated that buildings have been constructed
non-conforming
variances

have

conforming

lot

lots

prior

been

to adoption

granted, and

not

of

the

present

withstanding

size, the building permit has

been

proposed

structures.

allowed,

on constructive grandfathering, whereby

on

code,

the

non-

denied

Variances could be granted, if

the

for
Code

non-conforming

uses prior to adoption of the code were implicitly

grandfathered

into the Code.
Mr.

Sturgi11 then stated that we have heard all the

issues

in regards to this matter and moved that the variance be granted.
Mr.

Walsh

reminded the board that state law

mandates

environmental impact statement be read and included as a part

the
of

any decision made by the members of the Board.
Mr
compliance

Sturgi11

withdrew

his

motion

and

moved

with the law, the zoning board be declared

that
the

in
lead

agency and so finds a negative declaration with the environmental
impact statement.

His motion was seconded by Mr. Paolontonio and

carried unanimously.

Mr. Sturgi11 restated his motion which

was

seconded by Mr. Paolintonio.
The parking situation was discussed with Mr. Arcate

, ^^SxMz~^M,4a£*%^M\*^w^^£-j-i^.:

stating

^^"^^^&amp;^/f^^^"i^^f-^^g^*.£^l^^^^£^^^^3^^^y^^^^^^^y

�that the motion should be amended to include the stipulation that
the

off-street parking space be dedicated solely for the use

the

applicant.

motion.

Mr.

Sturgill approved

the

amendment

to

of
his

This motion was approved with Messrs. Dool, Paolintonio,

and Sturgill in favor and Mr. Ceconi opposed.
There

being

no

further discussion,

the

first

order

of

business was concluded at 9:45 P. M.

2. Matter of Herbert S. Bei er,
Tarrvtown, New York, 10591

130

Palroer

Avenue,

North

Mr- Arcate stated that the proposed structural additions
within the requirements of the Code.

are

We are again considering in

this case a sub-division prior to 1964.

the

Mr. Dool stated that we are only considering replacement

of

flagstone

in

with a wood deck and the erection of a

fence

this application.
On

a

extent

of

question

from Mr. Ceconi, Mr. Arcate

work in consideration is the fence,

asked
the

if

the

steps,

the

platform, and the landing ?
Mr.

Arcate

suggested that

if

the

building permit for the steps and the landing had been challenged
prior

to

construction, it would have become

apply for a variance.

necessary

The board must now address this

to

situation

so there is no doubt as to whether all of this construction

is

legal.
Mr.
and

Margotta commented that the construction of the

platform

was necessary as a secondary means of

stairs

egress

and

therefore was a matter of safety which prompted him to issue

the

10

�building permit.
Sharon
that

Souz.a of 430 Bell wood Avenue stated that it

the board is wrapping the entire extent of the

appears

construction

into one package.
Mr.
on

decision

the construction but is laying all of the information on

table
the

Arcate stated that the board has not made any

for consideration by the Board.
application

pavement

with

is for replacement of

He then
the

the

reiterated

existing

a safer wooden platform laid on

the

that

flagstone
ground

and

erection of a 5 foot privacy fence along the westerly lot line as
included in the application.
On a question from Sharon Sousa, Mr. Arcate stated that the
construction of the wooden platform was halted since no

building

permit was obtained.
Mr. Sturgill stated that this matter has raised the issue
non-conforming
Approval

for

uses of structures in non-conforming

of

situations.

construction of any structure must come

from

the

Board in this particular case.
Mr. Sturgill then stated that the point with the landing

is

not

to grant a variance but rather to confirm the discretion

of

the

building

inspector to grant the building permit.

stated

that any privacy arguments that might arise, even

he

sympathetic towards the issue, is solely

is

a

He

also
though

neighborhood

issue and not a zoning one.
Mr. Beier then stated that his dwelling is longer than it is
wide

and

so its placement provides for more space

between

the

houses then if it faced the same way as adjacent dwellings.
There

being

no further discussion, Mr.
11

Paolontonio

moved

�that

the board grant the variance.

The motion was

seconded

by

Mr. Sturgill and unanimously carried.
Mr.
board

Arcate stated that the minutes should reflect that

has

secondary

taken notice of the construction of the
means

of egress and that the board

porch

hereby

the
as

moves

confirm the discretion^of the building inspector in granting
permit.
It

a
to
the

This confirmation was unanimously approved.
was

noted

that

the

next

zoning

board

meeting,

if

required, will be held on March 22, 1988 at 8 P. M.
There

being no further business, the meeting was

adjourned

at 10:08 P. M. on a motion by Mr. Dool, second by Mr. Ceconi, and
carried unanimously.

12
• -, - *.-- =• ;i*k-j.' ^ri'AA «Ji,i"&gt;«5 :~~&gt;s- 4« ^'^ : iii&amp;w^*4dsS&amp;lfeyM

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                    <text>MINUTES OF THE ZONING BOARD
VILLAGE OF NORTH TARRYTOWN, NEW YORK
April 28, 1988

Present: Aldo Ceconi, Acting Chairman, James Karr, Steve Maceyak, Frank
Paolontonio, John J.
^

;

Hughes, Jr, Counsel, James Margotta,

Building Inspector.
/

Acting Chairman Ceconi called the meeting to order at 8:00 p.m.

Frank Paolontonio moved that Aldo Ceconi be named Acting Chairman for
the meeting.

The motion was seconded and passed unanimously.

Mr. Ceconi moved to postpone to the next meeting the naming of a Chairman
and vice Chairman. Mr. Karr seconded the motion. Motion passed unanimously.

1. Matter of Joseph Poletti, Lillian Poletti and Frank Greco, 206 North
Washington Street, North Tarrytown, New York
Public Notice attached hereto, was read/ by the secretary to
the Board.
This is an application to convert a single family dwelling
to a two-family dwelling.

Mr. Poletti was present and stated that

they needed a variance; however, there is room in the back for parking.
He stated that they have knocked down the garage which was in the
back and that gives them ample parking space, three to four cars,
for the people who will live there.

He advised that they will not

be changing anything on the exterior and little will be changed
on the interior. ~ He also advised that they will install another
bathroom and kitchen.

�*

\

A discussion ensued concerning lot coverage. Mr.

Margotta

stated that the lot size is 2,550 square feet; it should be 4,000.

•

He stated the lot width is 30 feet; it should be 40.

He further

advised that one side yard is 1 foot 6, when it should be 3 feet,
and both sides add up to 9 foot 6.
Mr. Hughes questioned the need for this variance, and specifically
whether the applicant could demonstrate economic hardship. Mr.
and Mrs. Poletti advised that Mrs. Poletti*s children would be
occupying the house and they wanted two separate apartments,
one for her daughter and one for

her son who is getting married.

Mrs. Poletti stated that the house was built before the zoning.
Steve Maceyak moved to close the Hearing.
the

motion.

James Karr seconded

Motion carried unanimously.

?s
2.

Matter of Country Manor Homes, Inc., 48 Pocantico Street, North
Tarrytown, New York (Section 15, Block 12, Lot 6)
Public Notice was read^ by the secretary to the Board.
Donal M. Walsh, Jr., Esq. advised that he was appearing on
behalf of Country Manor Homes and submitted copies of environmental
review papers and Affidavit of Service to area residents.
Mr. Walsh advised that all of the principals of Country Manor
Homes were present to answer any questions. He stated that they
had been before the Planning Board and were referred here.
Mr. Walsh gave a brief analysis of the project and advised
that they tried to come up with a design that tries to pick up concepts
of a smaller, more affordable type house within a two-building arrangement

•

-2-

�and at the same time, tries to pick up something that's compatible
with the neighborhood.

He also outlined some of the concerns of

the Board - screening, landscaping, parking.
Mr. Dominick Angello addressed the Hearing regarding the content
of the drawings.

He stated that he is one of the principals of

Country Manor Homes. Mr. Angello stated that there is proposed
16 living units, 12 one-bedroom units and 4 two-bedroom units.
He advised that the units would sell for approximately $150,000.
Mr. Angello stated that, after talking with the Town, they came
up with the idea of indoor parking.

He stated that they came up

with 26 spaces, some indoors, for 16 units.
After being questioned by Mr. Maceyak, Mr. Angello advised
that it would be frame construction.
Mr. Sean Tracey expressed concern about the number of units
and the effect on parking. Mr. Angello stated that the number of
units was negotiable, as was the whole package. Mr.. Nevado Pirres
also expressed concern about the number of units and the close proximity
of the project to his house. Mr. Walsh advised that they were within
the code as far as distance from his house and that he would urge
his clients to discuss with Mr. Pirres something appropriate in
terms of walling or screening to insure his privacy.
Diane Martelli expressed concern regarding a retaining wall
which exists on her property.

Mri Walsh assured her that they will

make certain that it stays a retaining wall and if necessary, they
will rebuild her wall as part of their wall.

Mr. Walsh stated that

they will have their landscaper work with her on that.

�After being questioned by Mr. Pirres, Mr. Walsh advised that there
will be no access to the project through North Washington Lane; the
only access will be through Pocantico Street.
Mr. Albert F. Martin asked the height of the building.

Mr.

Angello

advised that it would be about 33 feet - from the curb, it will be about
37 feet high. Mr. Walsh stated that they are permitted 45 feet under
the Code.
Mr. Martello questioned the width of the driveway and was advised
by Mr. Angello that it will be 24 feet, which is intended to meet the
requirements of the Planning Board.

Mr. Martello also asked if there

would be a fire hydrant on the property and whether there would be a
rear entrance to serve as a fire escape. Mr. Walsh advised that that
is up to the determination of the Fire Department.
Mr. Tracey again expressed concern about the number of units and
asked if the principals would go for 14 units. Mr. Rocco Martello stated
that the biggest concern of the residents is the parking problem on
Pocantico Street. Mr. Carlos Cestoni also expressed the same concern.
Mr. Walsh stated that Country Manor Homes was willing to go on
record as saying that they would keep the 26 parking spaces, but reduce
the density from 16 to 14 units.
Frank Paolontonio made a motion to close the Public Hearing.
motion was duly seconded and unanimously passed.

-4-

The

�Matter of Colabella Contracting Corp.

(Sectxon 17, Block 14, Lots

1, 2, 3 and 4)
The three Public Notices were read by the secretary to the
Board.
Donal M. Walsh, Jr., Esq. advised that he was representing
Colabella Contracting and presented the requisite proofs of service
and a completed Environmental Assessment Review form prepared for
the project.
Mr. Walsh advised that based on a concern that the character
of the neighborhood would be effected by a recognition of two-family
homes on slightly nonconforming lots, they undertook a survey in
the neighborhood - Dell Street, Anderson Avenue and Tappan Avenue,
and they discovered 29 lots under 4,000 square feet, of which 9
had legal two-family residences.
Mr. Walsh stated that one of the concerns of the Board which
came up with the earlier application was how to get enough parking
on-site to get everything off the street.

Mr. Colabello advised

that they propose for each family to have their own garage - two
garages and get two cars in each.

He further stated that the driveway

could accommodate guest parking.
Mr. Walsh stated that this could be a model-type house for
this kind of area.

He stated that the proposed subdivision includes

the construction of two two-family houses,- and the idea of having
extra parking underneath meets the concerns expressed at earlier
Hearings.
Mr. Walsh indicated that instead of having 4,000 square feet,
as required, on one lot they would be just 29 square feet short
and on the other, they would be 196 square feet short.

�Mr. Dennis Fitzgerald, a resident of the area, addressed
the Hearing with his concerns.

He suggested that the existing

structure be left alone and that one other building be erected,
rather than two.

Mr. Fitzgerald requested that the Board consider

denial totally of the application and allow them to build in
conformance with the Code.

John J. Hughes, Jr., Esq., Counsel to the Board, read a
letter from Mr. Luigi Tucci, a resident of the area, stating
his objection to the application.

Mr. Walsh responded to the

letter.
Mr. Dennis Fitzgerald commented that he believes the plan
is an affirmative step with respect to the model and the parking,
but he felt that two houses should not be put on those lots.
A motion was duly made, seconded and passed to close the
Public Hearing.

BUSINESS SESSION

Matter of Joseph Poletti, Lillian Poletti and Frank Greco, 206 North
Washington Street, North Tarrytown, New York
Frank Paolontonio stated that he thought the lot was awfully
small.

Steve Maceyak agreed stating they they have almost 90% coverage

of the lot and it's 1,450 square

feet short of minimum area requirements.

Steve Maceyak made a motion to deny the application.
was seconded by Frank Paolontonio.

The motion

The reason for denying the application

is that the applicant did not show the special circumstances required
by Section 62-40 of the Code and that the applicant, in addition,
-6-

�did not show that the strict application of the ordinance would
deprive them of a reasonable use of the land in that they can stall
use the property as a single-family dwelling.
2.

Matter of Country Manor Homes, Inc., 48 Pocantico Street, North
Tarrytown, New York

(Section 15, Block 12, lot 6)

Mr. Maceyak stated that he firmly believes that the property
should be developed and feels that the plan is basically good, but
he has trouble with the density.

He stated that a lot of the variances

may not be needed if the density was brought down.
Aldo Ceconi indicated that they are only 2% off on coverage
and questioned why that couldn't be cut down to the right amount
- 30%. Dominick Angello stated that they could cover 30.
Mr. Angello stated that they are willing to cut down the number
of units from 16 to 14 and requested a little give from the Board
so that the project could be kept in proportion.
Concerning coverage, it was agreed to reduce the coverage from
32% to 30% and, therefore, the variance was denied.

Concerning

minimum rear yard of 25 feet, it was stated that that would be met
by reducing the coverage.
A discussion ensued concerning the size of parking spaces.
The variance concerning the size of spaces was granted, subject
to the Planning Board's determination.
A discussion was held concerning the parking spaces in the
front of the building.

It was agreed to grant this also, subject

to the determination of the Planning Board.
Mr. Ceconi stated that since they were going to cut down on
the number of units, why couldn't the size of the building be cut
down. Mr. Walsh agreed that they would reduce the size of the building.
-7-

�A discussion ensued concerning the size of the building and the parking
situation.
A motion was made by James Karr that the Board grant 1H units. Motion
seconded by Steve Maceyak.

Mr. Hughes, Counsel, stated that the motion

should state that strict application of the provision deprives the applicant
of reasonable use of his property, that the variance is in conformity
with the neighborhood and the interest of the neighborhood as a whole
and furthermore, that this matter be referred back to the Planning Board
so they can undertake the necessary site plan review so that some of
the other issues which are presented by the applicant may be resolved.
Mr. Walsh advised that they were withdrawing Number 2, which deals with
coverage, and also Number 3, which is the minimum rear yard size.
The above motion was not carried.
Mr. Maceyak moved to grant the variance requested on the following specific
terms and conditions:
1).

The density variance from section 62-86 of the Zoning Code
be granted so that the applicant may construct thirteen (13)
dwelling units:

2).

The variance from section

of the Code be granted so that

the applicant may construct two principal buildings on the
lot:
3).

The variance requested by one Applicant from section

of

the Zoning Code regarding the size and area of parking spaces
be granted, with the final determination left to the Planning
Board and its consultants to determine the size and area of
all parking spaces on the sate.
4).

The variances from the coverage and rear yard setback requirements
of the Zoning Code, section 62-86 be denied.
(8)

�5).

The variance as to width of the front yard, section 62-86,
be granted.

•

6).

The variance as to front yard setback, section 62-86, be granted,
with the final determination left to the Planning Board and
its consultants to determine the appropriateness of this reduced
setback.

Mr. Maceyak stated that the strict application of these provisions would
denyied the applicant of a beneficial use of his property, that the
variances granted are in harmony with the interest of the neighborhood.
This motion was seconded and carried unanimously.

3.

Matter of Colabella Contracting Corp.(Section 17, Block 14, Lots
1,2,3, and ii)

Mr. Maceyak stated that under the Code, they could take down the old
house and put two two-family houses on the property with attached garages
on the sides, in which case the houses could have big basements which
might lead to a third family living in the house.

He stated that this

is why they came up with the parking plan that they did. Mr. Maceyak
stated that Dennis Fitzgerald's concerns are valid, that the street
is crowded, but he felt that that was the Village's problem, not the
builder's.

Mr. Maceyak stated that the Village has to address the fact

that maybe it should be a one-way street, maybe there should be parking
on one side, or maybe there should be a lot more emphasis on people
using their driveways.
Mr. Maceyak questioned that if they took down the existing garage on
the old house, would they be able to provide parking for one family
house.

He was advised that it would be created in the front.

A discussion ensued regarding problems that would arise if the owners
/

of the existing one-family house requested to make it a two-family house/
-9-

�Mr. Walsh advised that there would be a deed restriction.
•

Mr. Maceyak stated that a lot of the matters brought up have
to be addressed by the Planning Board - the runoff on Dell
Street, whether the property could support the homes, etc.

Steve Maceyak moved that the Board grant the variances and
allow the houses to be built.
James Karr.

The motion was seconded by

The motion failed.

Aldo Ceconi felt that they should be granted permission to
build one-family homes.

Mr. Walsh requested that the Board

consider one one-family and one two-family home.
disagreed.

Mr Ceconi

Mr. Ceconi stated his opinion that they could

put an addition on the existing home, making it two-families,
and then build a two-family, for a total of four families,
instead of five.

He further stated that this could probably

be done without coming to the Board.
Mr. Walsh requested the Board to consider three one-family
houses, the existing house and two neKhouses.
had no problem with that.

Mr. Maceyak

It was stated that it would still

be non-conforming as to square footage.
Counsel Hughes stated that these are area variances that
are being discussed, rather than use.

He stated that the

area required is 4,000 square feet and none of the lots comply.
Mr. Hughes advised that the New York State Law requires that
the applicant must demonstrate practical difficulties in
terms of an area variance.

He further advised that the Village

Code says that the applicant must show special circumstances
or unique circumstances.
-10-

�Mr. Walsh stated that the lots are very, very slightly undersized
•

and requested that the lots be favorably considered.
James Margotta advised the Board that they sould keep in
mind that these are tax lots, not Village lots, and they
are converting them to building lots.

Mr. Margotta said

that what makes matters worse is that on the existing house,
the garage is built right up to the property line.
A discussion ensued concerning lot sizes.

Mr. Firzgeral

stated that he would feel comfortable if the six lots were
subdivided into two parcels, one house on each parcel.

(the

existing and one new). Mr. Walsh again requested the board to favorably
consider three one-family houses, which will have parking
for eight cars.
Mr. Fitzgerald stated that he felt that the need for area
variances has not been shown with what was presented. He
asked the Board not to allow this variation in Code for the
purpose that has been presented, either as to two two-family
houses or as to two one-family houses.
Mr. Maceyak moved that the Board grant each separate variance
on the lots, on the condition that one-family homes be built,
that four parking spaces be provided at each residence, that
on the existing house where the garage is being taken down;
off-street parking be provided for that house.
was duly seconded.

Mr. Ceconi voted against.

The motion
The vote was

3 to 1.
Mr. Maceyak, on advice of Mr. Hughes, amended the motion
to include the fact that the applicant has demonstrated the
•

requisite practical difficulties in every lot, that being

-

(It)

w. %'-

1:
'&lt;£%-'•

••••,;'-••''-- -i»Tir*'-

^ix4^-i~^-,rAw«^ik^Ss^iS^^s&amp;^^»s^ii^^A^^i

�Lots 1 and 2,

3 and 4, and 5 and 6, and that the Board feels

»

that , in granting these area variances, there was minimum
deviation of the Code.

The motion was passed unanimously.

Aldo Ceconi made a motion that the meeting be adjourned

(ia&gt;
££**-

E
.:-*-.-' i4iA*^ii2A«r^^&amp;«i^iS^X4J^a?j^^

'^^riSi=B^5^=r«&amp;fe-=fej

�RESOLVED:
1.
|&gt;
«

The Zoning Board of Appeals (the "Board") of the Village

of North Tarrytown hereby designates itself

"Lead Agnecy" for

purpose of considering the environmental effects of the following
project:
Applicant: Poletti
Premises:

206 N. Washington Street

Project:

2.

The Board has examined a Short Environmental Assessment

Form prepared by the applicant.
3.

The action as above described is an unlisted action

pursuant to Article 8 of the Environmental Conservation Law and
Part 617 of the Rules and Regulations promulgated thereunder, and
will, in and of itself, not have a significant effect on the
environment, so that no Environmental Impact Statement is required
or need be filled therefor.
4.

Nothing herein contained, however, shall be deemed to

indicate or suggest that subsequent submissions for development of
the property

will

not

require

the preparation

arid filing

Environmental Impact Statements.
5.

This

resolution

is

a

of
,

Negative

Declaration

for

the

purposes of Article 8 of the Environmental Conservation Law, Local
Law Environmental Quality Review Act for the Village of North
Tarrytown, and will be kept on file at the Village Hall and be
available for public examination.

Dated :

&lt;/-' 3 0 - fr*

•

Village Counsel

�RESOLVED:
1.

The Zoning Board of Appeals (the "Board") of the Village

of North Tarrytown hereby designates itself

"Lead Agnecy" for

purpose of considering the environmental effects of the following
project:
Applicant: County Manor Homes

2.

Premises:

Pocantico Street

Project:

Density, Area Variances

The Board has examined a Short Environmental Assessment
r

Form prepared by the applicant.
3.

The action as above described is an unlisted

action

pursuant to Article 8 of the Environmental Conservation Law and
Part 617 of the Rules and Regulations promulgated thereunder, and
will, in and of itself, not have a significant effect on the
environment, so that no Environmental Impact Statement is required
or need be filled therefor.
4.

Nothing herein contained, however, shall be deemed to

indicate or suggest that subsequent submissions for development of
the

property

will

not

require

the preparation

and

filing

of

for

the

Environmental Impact Statements.
5.

This

resolution

is

a

Negative

Declaration

purposes of Article 8 of the Environmental Conservation Law, Local
Law Environmental Quality Review Act for the Village of North
Tarrytown, and will be kept on file at the Village Hall and be
available for public examination.

Dated: &lt;/-*&gt;0- £ ?

�&lt;

RESOLVED:
1.

The Zoning Board of Appeals (the "Board") of the Village

of North Tarrytown hereby designates itself

"Lead Agnecy" for

•

purpose of considering the environmental effects of the following
project:
Applicant: Clabella

2.

Premises:

Tappan Avenue

Project:

Area Variances

The Board has examined a Short Environmental Assessment
&lt;

Form prepared by the applicant.
3.

The action as above described is an unlisted action

pursuant to Article 8 of the Environmental Conservation Law and
Part 617 of the Rules and Regulations promulgated thereunder, arid
will, in and of itself, not have a significant effect on the
^^r'

environment, so that no Environmental Impact Statement is required
or need be filled therefor.
4.

Nothing herein contained, however, shall be deemed to

indicate or suggest that subsequent submissions for development of
the property

will

not require

the preparation

and

filing

of

for

the

Environmental Impact Statements.
5.

This

resolution

is

a

Negative

Declaration

purposes of Article 8 of the Environmental Conservation Law, Local
Law Environmental Quality Review Act for the Village of North
Tarrytown, and will be kept on file at the Village Hall and be
available for public examination.

Dated:

Village Counsel

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*

MINUTES OF THE
ZONING BOARD OF APPEALS ~ MAY 26, 1988
VILLAGE OF NORTH TARRYTOWN,
NEW YORK
PRESENT:
1.

Frank Paolontonio, Ray Dool, Stephen Maceyak

Matter of Amando diBiase, 23 Depeyster Street,
North Tarrytown, New York

The applicant, having presented the Board with
application, Environmental Assessment FormJ and proof of
service, indicated that he desired to construct an addition
to his home which would violate the rear yard set-back
requirement of the Zoning Code by 11 feet. The Code requires
25 feet.
After questioning, the Applicant demonstrated an
economic need for the addition and demonstrated practical
difficulties in terms of locating the addition in another are
of the property which would not violate the Code.
Mr. Karr moved to grant the variance, as well as to
declare that this action had no effect upon the environment,
pursuant to SEQR. Mr. Maceyak seconded this motion.
Unanimously carried.
2.

Matter of Frank Occhipinti, 20 Hudson Street,
North Tarrytown, New York

The applicant, having presented the Board with the
application. Environmental Assessment Form and proof of
service, indicated that he sought to convert the building
from a one to two family use. Currently, the property is
within the M Zone.
Mr. Robert Starr of 22 Hudson Street, a neighbor,
objected to the variance because no parking was provided.
After much discussion"on the issue of parking, Mr. Maceyak
moved to grant the variance requested on the condition that
the applicant provide the Village with a lease of two (2)
parking spaces within 250 feet of the premises. The spaces
would be reviewed by the Building Inspector. Motion seconded
by Mr. Karr. Unanimously carried.

�RESOLVED:
1.

The Zoning Board of Appeals (the "Board") of the Village

of North Tarrytown hereby designates itself

"Lead Agnecy" for

purpose of considering the environmental effects of the following
project:
Applicant: Occhipinti

2.

Premises:

20 Hudson Street

Project:

Two family use

The Board has examined a Short Environmental Assessment

Form prepared by the applicant.
3.

The action as above described

is an unlisted action

pursuant to Article 8 of the Environmental Conservation Law and
Part 617 of the Rules and Regulations promulgated thereunder, and
will, in and of itself, not have a significant effect on the
environment, so that no Environmental Impact Statement is required
or need be filled therefor.
4.

Nothing herein contained, however, shall be deemed to

indicate or suggest that subsequent submissions for development of
the

property

will

not require

the preparation

and

filing

of

for

the

Environmental Impact Statements.
5.

This

resolution

is

a

Negative

Declaration

purposes of Article 8 of the Environmental Conservation Law, Local
Law Environmental Quality Review Act for the Village of North
Tarry town, and will be kept on file at the Village Hall and be
available for public examination.

Dated: f^&gt; 0 ^&lt;?*

Village Counsel

�RESOLVED:
1.

The Zoning Board of Appeals (the "Board") of the Village

of North Tarrytown hereby designates itself

"Lead Agnecy" for

purpose of considering the environmental effects of the following
project:
Applicant: Di Biase

2.

Premises:

23 Depeyster Street

Project:

Addition

The Board has examined a Short Environmental Assessment

Form prepared by the applicant.
3.

The action as above described is an unlisted action

pursuant to Article 8 of the Environmental Conservation Law and
Part 617 of the Rules and Regulations promulgated thereunder, and
will, in and of itself, not have a significant effect on the
environment, so that no Environmental Impact Statement is required
or need be filled therefor.
4.

Nothing herein contained, however, shall be deemed to

indicate or suggest that subsequent submissions for development of
the

property

will

not require

the preparation

and

filing

of

for

the

Environmental Impact Statements.
5.

This

resolution

is

a

Negative

Declaration

purposes of Article 8 of the Environmental Conservation Law, Local
Law Environmental Quality Review Act for the Village of North
Tarrytown, and will be kept on file at the Village Hall and be
available for public examination.

Dated: J/I^V**

Village Counsel

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%

Approved with respect to substance and form:
illa^fe attorney
Villi
Dated: jo-vl-fr*

$

Approved by the Zoning Board of Appeals
aira&amp;cin or Acting £hairau
ated: \v-&gt;7- W

Filed with Deputy Clerk
Clerk or Deputy clerk

Dated:

/o/^^er

^etiJ^a

-

^ 8" &amp;*

^i*-»««&amp;*="S-sErrisiA.Irf-i^^

�MINUTES OF THE
ZONING BOARD OF APPEALS - SEPT 8, 1988
VILLAGE OF NORTH TARRYTOWN, NEW YORK
PRESENT:

Frank Paolontoriio, Ray Dool, Stephen Maceyak,
Aldo Ceconi, Vincent Buonanno, John Cappello.

Also Present:

James Margotta, Building Inspector, John J. Hughes,
Village Attorney.

The Board met at 7:30 p.m. to vote on a new Chairman.
Stephen Maceyak was voted Chairman and Aldo Ceconi was
voted Vice-Chairman. The vote was unanimous.
Chairman Stephen Maceyak called the meeting to order at
8:00 p.m. Village Attorney John Hughes corrected the minutes
from the previous meeting on May 26, 1988 and the minutes
were approved unanimously.
1.

Patricia Damin, 14 Dell Street, No. Tarrytown, NY

Stephen Maceyak, Chairman, asked Ms. Damin for the receipts from
the certified letters she was required to send out to notify her
neighbors. Ms. Damin said she did not know where they were. The
Board had to postpone this matter to the next meeting, as
the board has no jurisdiction without proof of service.
A public notice will have to be put in the paper again.
2.

Miscellanous

A discussion ensued about when the next meeting will be held
and about the course offered by Westchester Municipal Federation
on Zoning, which is being held on October 6, 1988 in the
White Plains Public Library at 7:30 p.m.. Aldo Ceconi moved
to give the Secretary the application to send in for all
the Zoning Board members to attend this meeting. The motion
was passed unanimously.
Frank Paolontonio moved to adjourn.
by Ray Dool and passed unanimously.
Roni Wolff
Secretary

The motion was seconded

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'

Approved with respect to substance and form:
Village Attorney
Dated: f^/tf- fj

Approved by the Zoning Board of Appeals

t^Dated: /-!?-#}

Filed with Deputy Clerk
Clerk or Deputy Clerk
Dated: //j^S^

fJHinvt '

Cte*^- V),f9t2

»i«: .-av;v,-"fe£!«-«.ij*"ai^; &amp; » J « i i , W t # * l r f e S i * i s S ^ ; ^

SASaaiiSyifiassfC*.

�MINUTES OF THE ZONING BOARD OF APPEALS
VILLAGE OF NORTH TARRYTOWN
October 27, 1988

Present: Frank Paolontonio, Ray Dool, Stephen Maceyak, Aldo Ceconi,
Vincent Buonanno, John Cappello
Also Present: James Margotta, Building Inspector
John J. Hughes, Village Attorney
Chairperson Stephen Maceyak called the meeting to order at 8:00 PM.
He announced a new procedure for the Zoning Board. It will now render
decisions at the end of each individual hearing, rather than at the
end of the all the hearings. He felt that it was unnecessary to have
the residents wait until the end of the night to hear what decisions
the Board made regarding the requested variances.
1.

Matter of Patricia Damin, 14 Dell Street, No. Tarrytown, N. Y.

Village Attorney Hughes read aloud the public notice.
Chairperson Maceyak asked Ms. Damin for her postal receipts and she
presented them to the clerk.
She provided the board with a sketch of the addition she planned to
put on the house to accommodate her mother who is ill. Questions were
asked by members of the board as to why she selected the rear of the
house. She responded that the plumbing was located there and it would
be cheaper to add the extension on to already exisiting plumbing pipes.
A Health Therapist addressed the board on behalf of Ms. Damin, and said
it would make life more comfortable for Ms. Damin's mother, if the new
addition was allowed to be built at ground level.
A motion was made to close the hearing and take a vote. Messers. Buonanno
and Ceconi voted no. Vote passed 3-2. Variance granted.
2. Matter of Mark &amp; Barbara Nackman, 279 Farrington Avenue, No. Tarrytown,
N. Y.
Village Attorney Hughes read aloud the public notice.
Chairperson Maceyak asked Mr.Nachman for his postal receipts and he
presented them to the clerk.

^^'si^-^sA&amp;i^^iisXs.s^^iiiS-ts^^i^M&amp;mm

�-2Mr. Nackman has requested the board to consider an addition to the kitchen.
Resident at 275 Farrington addressed the board and said he had no objection
to the new addition planned by the Nackmans. However, Dr. Styles, a
neighbor of Mr. Nachman's, asked the board as what Mr. Nachman considered
his side yard as opposite to his back yard. A architect stepped forward
with plans for the new addition, and many questions were raised as to
the true scope of the work and what the addition really entailed. After
a long discussion a motion was made to close the hearing and it was
decided to table the matter until the next zoning board hearing on November
16, 1988. Chairperson Maceyak also asked for clearer plans to be submitted
by the architect.

3. Matter of Sebastain Schiavone, 101 &amp; 105 Cortlandt St., No. Tarrytown,
N. Y.
Village Attorney Hughes read aloud the public notice.
Mr. Schavione was represented by Jeanne Mettler, Esq. of 27 North Broadway,
Tarrytown, N.Y. She presented the clerk with required postal receipts.
Mr. Schiavone stated that a transmission company wanted to rent his
building and he was asking for the variance. Questions arose as to
the parking requirements and noise factor. The chairperson called for
a motion to close the hearing. It was decided to table the request
for variance until the next Zoning Board meeting on November 16, and
at that time it was suggested that Mr. Schiavone bring along a representative
from AAMCO to the hearing.
4. Matter of Enrico Solari, 47 New Broadway, No. Tarrytown, N. Y.
Village Attorney Hughes read aloud the public notice.
Robert Solari, Mr. Solari's son, presented the clerk with required postal
receipts. A letter was read aloud by Chairperson Maceyak from Robert
Barstow, opposing Mr. Solari*s request to build an additional dwelling
at 47 New Broadway because the existing dwelling on that property is
already non-conforming and it would only add to the density problem
already existing in Webber Park.
The Board questioned the applicant concerning parking conditions and
the extent of the additions performed on the existing residence.
A motion was passed to close the hearing and a vote taken. The variance
was denied on the grounds that the variances, if granted, would create
two lots out of one. Should that be permitted, the existing improved
lot and the residence thereon would "cover" the lot by 44%, where the
Zoning Code required maximum coverage of 35%. The Zoning Board noted
that the applicant had undertaken the additions to his own residence
on his own initiative. He is new asking to subdivide his premises.
The effect of the subdivision would be to create a lot with an improvement
hereon where the coverage would exceed 44%. The Zoning Code permits,
in the the R-4 Zone, maximum coverage of 35%

�-3-

The variance was denied, the vote against was unanimous
Minutes of the last meeting have not been submitted as yet.
be approved at the Meeting on November 16.
Motion to close the meeting was passed.
PM

Respectfully submitted.

&lt;fU^.

Francesca Lorenz

:-----"**&gt; v - s - i ^ ^ f e t - e - S H j i g ^ ^ . ^ , ^ ^

They will

Meeting adjourned at 10:15

�RESOLVED:
1.

The Zoning Board of Appeals (the "Board") of the Village

of North Tarrytown hereby designates

itself

"Lead Agnecy" for

purpose of considering the environmental effects of the following
project:
Applicant: Damin

2.

Premises:

14 Dell Street

Project:

Addition

The Board has examined a Short Environmental Assessment

Form prepared by the applicant.
3.

The action as above described is an unlisted

action

pursuant to Article 8 of the Environmental Conservation Law and
Part 617 of the Rules and Regulations promulgated thereunder, and
will, in and of itself, not have a significant effect on the
environment, so that no Environmental Impact Statement is required
or need be filled therefor.
4.

Nothing herein contained, however, shall be deemed to

indicate or suggest that subsequent submissions for development of
the property

will

not

require

the preparation

and

filing

of

for

the

Environmental Impact Statements.
5.

This

resolution

is

a

Negative

Declaration

purposes of Article 8 of the Environmental Conservation Law, Local
Law Environmental Quality Review Act for the Village of North
Tarrytown, and will be kept on file at the Village Hall and be
available for public examination.

Dated: III £ ^

'Village Counsel

�RESOLVED:
1.

The Zoning Board of Appeals (the "Board") of the Village

of North Tarrytown hereby designates itself

"Lead Agnecy" for

purpose of considering the environmental effects of the following
project:
Applicant: Solari

2.

Premises:

47 New Broadway

Project:

Addition

The Board has examined a Short Environmental Assessment

Form prepared by the applicant.
3.

The action as above described

is an unlisted action

pursuant to Article 8 of the Environmental Conservation Law and
Part 617 of the Rules and Regulations promulgated thereunder, and
will, in and of itself, not have a significant effect on the
environment, so that no Environmental Impact Statement is required
or need be filled therefor.
4.

Nothing herein contained, however, shall be deemed to

indicate or suggest that subsequent submissions for development of
the property

will

not require

the preparation

and

filing of

Environmental Impact Statements.
5.

This

resolution

is

a

Negative

Declaration

for

the

purposes of Article 8 of the Environmental Conservation Law, Local
Law Environmental Quality Review Act for the Village of North
Tarrytown, and will be kept on file at the Village Hall and be
available for public examination.

Dated: |/-HN

Village Counsel
i;.--A.A.T:iL.

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Approved w i t h r e s p e c t t o s u b s t a n c e and form:
ViWfageP A t t o r n
Dated: %~\%^k&lt;\

Approved by t h e Zoning Board of Appeals
or Ac

Filed with Deputy Clerk
Clerk or ^Deputy Clerk

KL^K.my
Date of Meeting

Br"

V * ^ T sK.i^-*rf^c-t^».-—. ^^v^^fc-^sM^ib^iy!!^-^^

f ^ ^ ^ ^ ^ ^ ^ ^ ^ l ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^

�VILLAGE OF NORTH TARRYTOWN
ZONING BOARD
MINUTES OF NOVEMBER 16, 1988 MEETING

Present: Stephen Maceyak, Chairperson, John Cappello, Aldo Ceconi, James
Karr, Raymond Dool, Frank Paolontonio
Also present: Building Inspector James Margotta
Village Attorney John J. Hughes
Chairperson Maceyak opened the meeting promptly at 8:00PM. He stated
that the meeting would open with old business tabled from tha last Zoning
Board Meeting of October 27, 1988.
MATTER OF MARK &amp; BARBARA NACKMAN, 279 FARRINGTON AVENUE, NORTH TARRYTOWN,
N. Y.
Variance tabled from the last meeting. Mr. &amp; Mrs. Nackman were late,
and it was suggested by Building Inspector Margotta that the board wait
until they arrived to hear their case. He suggested continuing with
other old business.
MATTER OF SABASTIAN SCHIAVONE, 101 &amp; 105 CORTANDT ST., NORTH TARRYTOWN,
N. Y.
Village Attorney John Hughes advised the board that Mr. Schiavone withdrew
his application for a variance.
MATTER OF VINCENT BUONANNO, 20 DELL STREET, NORTH TARRYTOWN, N.

Y.

Mr. Buonanno has applied for a variance to build a basement apartment
in his two family house. (Section 17, Block 1, Lot 12A)
The clerk read aloud the public notice. Mr. Donal Walsh represented
Mr. Buonanno and Mr. &amp; Mrs. Shibetti, co-owners of the property, and
presented the clerk with the required postal receipts. Chairperson
Maceyak reported that several letters were received by the board regarding
the requested variance.
The clerk read aloud 6 letters from surrounding neighbors 5 urging approval
and one letter that objected to the request for variance for a number
of reasons. 1) area is zoned for 1 and 2 family houses. The house was
recently built by the owners with full knowledge of the zoning requirements.
Granting the request would allow "spot zoning" for new housing. 2)
Did not consider "hardship" a valid reason as any hardship would be
self-imposed since the house was constructed under present zoning laws
and with full knowledge of the restrictions under those laws. 3) Against
the argument that building meets all other requirments for multi-family
dwellings (Parking) again, this would create "spot zoning".
Mr. Walsh spoke about the issue of re-zoning and about the hardship
reason stating the the one of the owner's married daughter and husband
were returning to N. Y. to finish their education, and would need somewhere
to live. The Board questioned the family as to what would happen to
the apartment after the children left and since there are a number of
children in both families, the owners felt it would never really be
empty.

�-2-

A vote was taken to close the public discussion and passed unanimously.
The Board went into session addressing the Jfacts before them and when
a vote to deny the variance was imminent, Mr. Walsh approached the Board
and asked to withdraw, without prejudice, the application for variance.
He felt that since Mr. Buonnano was not present to answer all the questions
the board had, he would ask for a withdrawal.
The Board agreed to withdraw the request for variance.
MATTER OF Mark &amp; BARBARA NACKMAN, 279 FARRINGTON AVENUE, NORTH TARRYTOWN,
N. Y.
The Nackman's request for a variance was tabled from last meeting.
Mrs. Nackman presented the Zoning Board with another drawing of the
proposed addition to the kitchen. In the new drawings, it was clearer
to the board as where the new addition would be located, as well as
the height of the new building.
Dr. Stiles asked about the shed that is on the property presently and
Mrs. Nackman responded that the building was on the property when she
purchased the house, and it had nothing to with her current request
for a variance.
Ray Dool made a request to close the hearing and to take a vote. Aldo
Ceconi seconded the motion. A motion to grant the variance was made
by Ray Dool and seconded by John Cappello. Vote passed unamiously by
the Board.
MATTER OF FRANK MANGIERI, 15 CHESTNUT STREET, NORTH TARRYTOWN, N. Y.
The clerk read the public notice aloud. Mr. Donal Walsh, attorney representing
Mr. Mangieri presented the clerk with the required postal receipts.
Mr. Walsh give a brief history of the request for variance, (Section
16, Block 7, Lot 27) and presented the board with new plans indicating
a larger building, with coverage now of 36%, more screening, set back
further from street, and with more parking spaces. He felt that the
previous requests for variances were no longer needed as the new plan
met a number of the zoning requirements.
Chairperson Maceyak asked for comments from the public. A number of
residents commented about the parking and the drainage problems now
existing in the area.
A motion was made to close the public hearing by John Cappello and seconded
by Aldo Ceconi. A motion to grant the variance was made by James Karr
and seconded by Frank Paolontonio. The vote before board was:
(1) Section 62-8 (B) requires lot coverage of 30 %. The coverage proposed
by the site plan is 36%.
(2) Section 62-8 (B) of the Zoning Code requires 5,000 sq. ft. for the
first 3 units, 1500 sq. ft. for each additional unit. The Zoning Code
requires 15,500 sq. ft. for the proposed 10 dwelling unit building.
The existing lot contains 11,300 sq.ft.

�(3) Section 62-14 (B) of the Zoning Code provides that off street parking
shall be provided on the same lot as the use to which it is appertenant.
The site plan proposes that parking spaces NO. 13,14,15, 16 be located
off site. Vote 3 yes, 1 abstention. Variance granted by a majority
of the voting members.

Frank Paolotonio made a motion to adjourn the meeting, seconded by James
Karr. Carried unamiously.
Chairperson Maceyak announced the next Zoning Board Meeting would be
held Wednesday, January 18, 1989 at 7:00 PM in Village Hall.
Meeting adjourned 9:25 PM

Respectfully submitted

•A/
Francesca Lorenz
Village Administrator's Office

fl

�RESOLVED:
1.

The Zoning Board of Appeals (the "Board") of the Village

of North Tarrytown hereby designates itself

"Lead Agnecy" for

purpose of considering the environmental effects of the following
project:
Applicant: Nackman

2.

Premises:

279 Farrington Avenue

Project:

Addition

The Board has examined a Short Environmental Assessment

Form prepared by the applicant.
3.

The action as above described

is an unlisted action

pursuant to Article 8 of the Environmental Conservation Law and
Part 617 of the Rules and Regulations promulgated thereunder, and
will, in and of itself, not have a significant effect on the
environment, so that no Environmental Impact Statement is required
or need be filled therefor.
4.

Nothing herein contained, however, shall be deemed to

indicate or suggest that subsequent submissions for development of
the property

will not

require

the preparation

and

filing

of

for

the

Environmental Impact Statements.
5.

This

resolution

is

a

Negative

Declaration

purposes of Article 8 of the Environmental Conservation Law, Local
Law Environmental Quality Review Act for the Village of North
Tarrytown, and will be kept on file at the Village Hall and be
available for public examination.

Dated: H-; ^ - ^

Village Counsel

�RESOLVED:
1.

The Zoning Board of Appeals (the "Board") of the Village

of North Tarrytown hereby designates itself

"Lead Agnecy" for

purpose of considering the environmental effects of the following
project:
Applicant: Mangieri

2.

Premises:

15 Chestnut Street

Project:

Area Variances

The Board has examined a Short Environmental Assessment

Form prepared by the applicant.
3.

The action as above described is an unlisted action

pursuant to Article 8 of the Environmental Conservation Law and
Part 617 of the Rules and Regulations promulgated thereunder, and
will, in and of itself, not have a significant effect on the
environment, so that no Environmental Impact Statement is required
or need be filled therefor.
4.

Nothing herein contained, however, shall be deemed to

indicate or suggest that subsequent submissions for development of
the property

will

not

require the preparation

and

filing

of

for

the

Environmental Impact Statements.
5.

This

resolution

is

a

Negative

Declaration

purposes of Article 8 of the Environmental Conservation Law, Local
Law Environmental Quality Review Act for the Village of North
Tarrytown, and will be kept on file at the Village Hall and be
available for public examination.

Dated: | ( ^ &gt; 3 _ ffi

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