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Approved with respect to substance and form

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Dated: i-1t* £"J

Approved by the

ard of Appeals

Filed with Deputy Clerk

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Clerk or Deputy Clerk
Dated: &lt;£/9 j?*?

Date of Meeting

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�PUBLIC HEARING

NORTH TARRYTOWN, N.Y.
January 18th, 1989

A Public Hearing was held before the Zoning Board of
Appeals of the Village of North Tarrytown on the above date.
PRESENT:

Stephen Maceyak, Chairman
John Cappello
Aldo Ceconi
Raymond Dool
James Karr
Vincent Buonahnou

ABSENT:

Frank Paolantonio

ALSO PRESENT: John Hughes, Jr., Village Attorney
Chairman Maceyak called the meeting to order at 7 P.M.
The Acting Clerk read the Public Notice calling for a
Public Hearing to hear and consider an Appeal of Evelyn Stupel of
141 Kelborrie Avenue, North Tarrytown, N.Y. from the decision of the
Building Inspector in denying a Building Permit to erect a six (6)
foot fence along the side and rear year of said property known and
duly designated on Village Tax Assessment Map as Section 14, Block 11
Lot 3A.
Section 62-13F of the Zoning Ordinance of the Village of
North Tarrytown provides for a five (5) foot fence along the side
and rear yards in a.R-2 District.
Chairman'Maceyak asked if there was anyone present who
would like to speak for or against said request.
Mr. Stupel handed the Clerk Proof of Service of
Notice of Public Hearing.
Mr. Stupel speaking in behalf of his wife stated that
they wished to erect a six (6) foot fence at the rear of their
property as they were having problems with their neighbor. Their
neighbor had requested that they install a fence which they were
willing to do. He stated that they would erect a stockade fence
with the finished side facing their neighbor. He purchased the
fence and applied for a permit to erect a six (6) foot fence, which
the Building Inspector denied.
Mr. Dool asked if he couldn't put a five (5) foot fence
as called for in the Zoning Ordinance. Mr. Dool stated that the
Board recently had a resident in the area take down a fence that
did not conform to the Ordinance.
Mr. Cappello stated if they allowed the Stupels to
erect a six (6) foot fence another resident would be able to
request permission and there would be no conformity.

�-2Mr. Jerome Fine of 150 Harwood Avenue stated that he was
not against the erection of the fence but wanted to know where the
fence would start and end.
Mr. Stupel stated it would be approximately where the
previous wire fence had been.
There being no . further comments Mr. Cappello moved,
seconded by Mr. Dool that the Public Hearing be closed.
After a
Dool that the appeal
the Village of North
fence along the side

discussion Mr. Cappello moved, seconded by Mr.
from Section 62-13F of the Zoning Ordinance of
Tarrytown that provides for a five (5) foot
and rear yards in a R-2 District be denied.

Chairman Maceyak polled the Board as follows:
Mr.
Mr.
Mr.
Mr.
Mr.

Karr Ceconi CappelloDoolMaceyak*-

No
Yes
Yes
Yes
No

Motion to deny appeal carried.
Chairman Maceyak stated that the Board would recess
for ten minutes.
Mr. Buonanno apologized for being late.
Acting Clerk read the Public Notice calling for a Public
Hearing to hear and consider an appeal of John Jadus from a decision
of the Building Inspector in denying a Building Permit to add'two
(2) bedrooms over an existing garage on property located on Village
Tax Assessment Map as Section 15, Block 12, Lot.-.16.
The Schedule of Regulations 62-8B requires a minimum
lot size coverage of thirty-five percent (35%) whereby the; plan's"__ .
for the addition to the premise in question indicates a coverage of
thirty-nine point four percent (39. 4%) . The minimum side yardj,.
requirement is five (5) feet, whereby the plans for the addition to the
rpremise in question indicates a side yard"of two (2) feet. The
minimum rear yard setback is twenty-five (25) feet, whereby the plans
show a setback of ten feet.
Chairman Maceyak asked Mr. Jadus if he would like to
explain to the Board his exact plan.
Mr. Jadus gave the members a copy of the the plan and
explained what his plans were. Mr. Jadus submitted to the Clerk
proof of service of Notice of Public Hearing.

.

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sap

�-3Mr. Donald Caetano of 43 Lawrence Avenue asked if the
garage in question was attached to the house.
Mr. Jadus stated that it was.
There being no further comments Mr. Dool moved, seconded
by Mr. Cappello that the Public Hearing be closed. Carried.
After a discussion, Mr. Cappello moved, seconded
by Mr. Karr that Mr. Jadus be granted a variance from the Schedule
of Regulations 62-8B that requires a minimum lot size coverage of
thirty-five (35) percent whereby the plans for the addition to the
premise in question indicates a coverage of thirty-nine point four
percent (39.4%). The minimum side yard requirement is five (5)
feet whereby the plans for the addition to the premise in question
indicates a side yard of two (2) feet. The minimum fear yard
setback is twenty-five (25) feet, whereby the plans show a setback
of ten (10) feet.
Chairman Maceyak polled the Board as follows:
Mr.
Mr.
Mr.
Mr.
Mr.

Dool Karr Ceconi Buonarino Maceyak -

Yes
Yes
Yes
Yes
Yes

Chairman Maceyak declared the variance granted.
There being no further business to come before the
Board, Mr./vKarr moved, seconded by Mr. Cappello that the same be duly
adjourned. Carried.
Respectfully submitted,

V
Irene -fimato
Acting Clerk

�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: Jadus

2.

Premises:

Section 15, Block 12, Lot 16

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.

Datedzfjwu^s

Y

~),^tf

Village Counsel

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Approved with, respect to substance and form:
Village Attorn&amp;
Dated: ^jiry^

&amp;

card of Appeals

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Filed with Deputy Clerk
Clerk or Deputy Clerk
Dated "
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VILLAGE OF NORTH TARRYTOWN
ZONING BOARD
MINUTES OF FEBRUARY 8, 1989 MEETING
Present: Stephen Maceyak, Chairperson; John Cappello, Aldo Ceconi,
James Karr, Raymond Dool, Frank Paolontonio and Vincent
Buonnano.
Also present: John Hughes, Village Attorney
James Margotta, Building Inspector
Chairperson Maceyak started the meeting promptly at 7:30 PM
and asked for a motion to approve the minutes of the January
18, 1989 meeting.
Village Attorney made two corrections (page 2, paragraph 4)
and (page 3, paragraph 4 ) . John Cappello moved that the minutes
be approved with the corrections. Motion seconded and passed.
MATTER OF DEMETRIOS KRINGAS, 149 WEBBER AVENUE, NORTH TARRYTOWN,
NEW YORK
Mr. Kringas applied for a variance to build five one-family
attached dwelling units on property located on the westerly
side of Webber Avenue, between Bedford Rd. and Sleepy Hollow
Rd., know and duly designated on Village Tax Assessment Map
as Section 17, Block 4, Lot C. The proposed plans are in violation
of Zoning Code Schedule of Regulations 62-8D, District R3, (which
provides for single family detached dwelling units only) Section
62-7 (c) (which provides that no more than one principal building
and its accessory building shall be erected on any one lot)
and Sections 62-14B (2) (which requires that not more than two
(2) vehicles may be located in a frontyard).
The clerk read aloud the Public Notice calling for a Public
Hearing to hear and consider an Appeal of Demetrios Kringas
from a decision of the Building Inspector in denying a building
permit.
Mr. Ronald Turnquist, architect for the proposed plans, presented
the clerk with the required postal receipts. He presented the
board with blueprints and a scaled model of the housing units.
He indicated that the units would be condos, and showed on the
scaled models where the 5 units would be located. He also indicated
how the parking would accommodate all the requirements required
by the Zoning Board.

�-2However, when the attorney for Mr. Kringas, Mr. Thomas McKenna,
Esq., addressed the Board, he used the word "rentals", and at
that point both the Chairperson and Building Inspector raised
questions as to whether they would be rental units or condominiums
A number of residents spoke out against proposed plans, whether
they were rentals or condos, as they pointed out the zoning
is for single family dwellings. The also presented the zoning
Board with a petition with 36 signatures against the proposed
dwellings. A copy of the petition is attached hereto and made
a part of these minutes.
Chairperson Maceyak called for a 5 minute recess and when the
Board returned he asked for a motion to table the discussion
until the Village Attorney could get a ruling on the "multifamily dwelling" and to get clarification from both the architect
and attorney as to what was going to be built. The motion was
defeated and a poll taken as to continue the hearing. At this
point, Mr. McKenna, the attorney for Mr. Kringas stepped forward
and asked for a brief recess to discuss the matter with his
client and when he returned, he withdrew without prejudice,
the request for a variance.
EXECUTIVE SESSION
On motion by Mr. Dool, seconded by Mr. Karr, the Board went
into executive session to discuss the pending litigation concerning
Enrico Solari. Mr. Hughes presented the Board with the legal
documents served in this case, and discussed with the Board
the merits of the litigation.
Respectfully submitted,

Francesca Lorenz
Village Administrator's Office

Oil!
FEB 2 71989

DEPUTY CLERK

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�February 4, 1989

WE THE UNDERSIGNED RESIDENTS OF THE
ZONING BOARD OF APPEALS ID UPHOLD
REGARDING THE APPLICATION OF
NORTH TARRXTOHN.

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DECISION OF THE BUILDING INSPECTOR
KRINGAS, 149 WEBBER AVENGE,

WE ASK THAT THE ZONING CODE AND OUR NEIGHBORHOOD BE PROTECTED SINCE
THE CURRENT APPLICATION INDICATES NUMEROUS VIOLATIONS.

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�February 4, 1969

WE THE UNDERSIGNED RESIDENTS OF TEE NEIGBB0RBO0D ARE PETITIONING THE
ZONING BOARD OP APPEALS TO UPHOLD
DECISION OF THE BUILDING INSPECTOR
KRINGA3, 149 WEBBER AVENDB,
REGARDING THE APPLICATION OF
NGRTB TARRXTOWN.
WE ASK THAT THE ZONING CODE AND OCR NEIGHBORHOOD BE PROTECTED SINCE
THE CURRENT APPLICATION INDICATES NQMEROQS VIOLATIONS.

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�February 4, 1969
•

WE THE UNDERSIGNED RESIDENTS OF THE :iif :i;&lt;;tti ARE PETITIONING IBE
ON OF THE BUILDING INSPECTOR
ZONING BOARD OF APPEALS TO UPHOLD
REGARDING THE APPLICATION OF DENETRIO0 KRINGAS, 149 MBBBER AVENGE,
NORTH TARRXTONN.
WE ASK THAT THE ZONING CODE AND OUR
THE CURRENT APPLICATION INDICATES

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ZONING BOARD OF APPEALS TO OPHDLD
REGARDING THE APPLICATION OF
NORTH TARRYTOHN.

PETITIOHIliG
DECISION OF THE
KRIHGAS, 149 WEBBER AVENUE/

ME ASK THAT THE ZONING CODE AND COR NEIGHBORHOOD BE PROTECTED SINCE
THE CURRENT APPLICATION INDICATES NUMEROUS VIOLATIONS.

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                    <text>Approved with respect to substance and form
Villagi? Attorney

Dated:

l~&gt;(-&amp;\

Approved by the Zoning Board of Appeals

t^at
ated:

Filed with Deputy Clerk
Clerk or Deputy Clerk
Dated: 6/^2./^

Date of Meeting

�VILLAGE OF NORTH TARRYTOWN
ZONING BOARD
MINUTES OF MARCH 15, 1989
Present: Stephen Maceyak, Chairperson: John Cappello, Aldo Ceconi,
James Karr, Raymond Dool, Frank Paolontonio.
Also present: John Hughes, Village Attorney
James Margotta, Building Inspector
Absent:

Vincent Buonnano

Chairperson Maceyak started the meeting promptly at 8:00 PM,
and asked for a motion to approve the minutes of February 8,
1989. Motioned made by Mr. Karr and seconded by Mr. Dool. Board
voted yes, minutes were approved as read.
MATTER OF JORGE BARREIROS, 265 WASHINGTON AVENUE, NORTH TARRYTOWN,
N. Y.
Village Attorney informed the Zoning Board that application
was withdrawn by resident in order to retain an attorney.
MATTER OF RODRIQUEZ ENTERPRISES, 56 CLINTON ST., NORTH TARRYTOWN,
N. Y.
Mr. Rodriquez applied for a variance to build a five family
building on the westerly side of Clinton Street, known and designated
on Village Tax Assessment Map as Section 16, Block 4, Lots 6A,
7 &amp; 7A.
The property is in a C-2 District - proposed plans refer to
permitted uses in a R-5 District for multi-family use.
Schedule of Regulations requires a minimum of 5,000 sq. ft.
of property for the first three families and 15 00 sq. ft. for
each additional family.
The proposed plans call for 4,403 sq. ft. while the required
lot size is 8,000.
The proposed plans call for a maximum coverage of 35% while
the required coverage is 38%.
The proposed plans call for a front yard of 8' - 0", while the
required front yard is 20' - 0".
The clerk read aloud the Public Notice calling for a Public
Hearing to hear and consider an Appeal of Rodriquez Enterprises
from a decision of the Building Inspector in denying a building
permit.

�V

-2-

Mr. Ron Turnquist, architect for the project presented the clerk
with the required postal receipts.
He presented the board with blueprints outlining the alterations
in the plans since the last time the project was presented before
the Zoning Board. He also included in his presentation the
handicapped facilities for the project. A motion was made for
public comment portion of the meeting. Mr. Hyland of Depeyster
St.
asked why he was not one of the residents to be notified
of the Public Hearing, as he was included in the list the last
time Mr. Rodriquez's project was presented to the Zoning Board.
The Building Inspector replied that Mr. Rodriquez was required
only to notify residents within 200 ft. of the project. Mr
Hyland felt he was within that distance. At this point, Mr.
Margotta left to find the list of people letters were sent to.
Postal receipts were checked by both the Chairperson and clerk
to count the number of letters sent out. Mr. Hyland*s name
was not included. Mr. Paolontonio asked whose responsibility
it was to notify residents of pending variance requests, and
was told it was up to the resident to mail certified letters
to the residents. After much public discussion, Mr. Rodriquez
voluntarily withdrew his application for a variance, stating
he would again send out letters to residents, and would include
Mr. Hyland.
Mr. Paolontonio made a motion to adjourn the meeting, seconded
by Mr. Dool and motion carried.
Meeting Adjourned at 9:00 PM
Respectfully submitted,

J«ilWIS
Francesca Lorenz
Village Administrator's Office

APR I 9B89

DEPUTY CLERK
fl

I

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Approved with respect to substance and form:
3(Zlage A1
Village
Attorney
Dated: 6-&gt;t- &amp;&lt;\

Approved by the Zoning Board of Appeals
^pfai
^T&gt;ated: k-&gt;/^£&lt;)

Filed with Deputy Clerk
Clerk or" Deputy Clerk

b

Dated: (*/asL Jp- 7

lyUt I'll 1**1
Date of Meeting

gfe.

^^M^^^vii-^jdS^^

�VILLAGE OF NORTH TARRYTOWN
ZONING BOARD
MINUTES OF APRIL 19, 1989
Present: John Cappello, James Karr, Vincent Buonnano, Raymond
Dool, Acting Chairperson Frank Paolontonio
Also present: John Hughes, Village Attorney
James Margotta, Building Inspector
Absent:

Stephen Maceyak, Chairperson
Jerome Fine

John Hughes, Village Attorney announced that since this
is the first meeting in April, after the Village Elections,
a new chairperson should be nominated. It was decided to
table the nomination until the next meeting, and Frank Paolontoni
was selected by the members of the board to become acting
chairperson for tonight's meeting.
MATTER OF JORGE BARREIROS, 265 WASHINGTON AVENUE, NORTH
TARRYTOWN, NEW YORK
Mr. Barreiros applied for a building permit to build a side
porch and stairs at his residence known on the tax assessment
map as Section 15, Block 12, Lot 17.
Schedule of Regulations 62-8B requires a side yard of 5'0". The premises in question contain a side yard of 2%ft.
from the property line.
The clerk read aloud the Public Notice calling for a Public
Hearing to hear and consider an Appeal from a decision of
the Building Inspector in denying a building permit.
Mr. Donal Walsh, attorney representing Mr. Barreiros, presented
the clerk with the required postal receipts.
Mr. Walsh stated, originally the residents applied for all
the proper permits and met with the Building Inspector who
gave approval for the building of the porch and fence.
After the construction work was in progress, it was discovered
that the porch would come within 2% feet of the property
line. The Building Inspector asked the contractor to stop
work, and also asked Mr. Barrieros to apply for a variance.
Mr. Margotta, praised Mr. Barrieros for his cooperation.
Chairperson Paolontonio opened the public hearing portion
of the meeting.
Two residents, Julia Vydareny of 259 No. Washington St.,
and Adele Dubiack of 266 No. Washington stated they had
no objection to the granting of the variances. A motion
to close the public hearing portion of the meeting was made
by James Karr, seconded by Vincent Buonnano.

�-2Mr. Cappello stated that he visited the site and had some
reservations as to the height of the deck fence. He felt
that if a child ran across the deck, he or she could easily
topple over the top of the fence and fall onto Washington
Place. Mr. Walsh assured him there would be no problem
raising the height of the fence. Mr. Cappello also asked
about the width of the slats. He asked that the distance
between slats be 4" wide.
Mr. Buonnano asked why the deck (side porch) and stairs
were being built. Mr. Walsh responded that it was difficult
to get into the second floor apartment. It seems when the
previous tenant moved, they left the furniture and appliances
in the apartment as the original exit was very narrow, and
it was difficult to move items out of the apartment. With
the new side entrance it would make egress easier. It was
agreed that while the new side entrance would be for the
tenant, to leave the original exit accessible to the second
floor tenant.
Mr. Buonnano moved that the variance be granted with the
following stiplulations:
1) No roof over the deck.
2) Deck will not be screened in.
3) existing steps from floor will not be removed.
4) Handrail will be 3'6" high.
5) Distance between slats will be 4" wide.
John Cappello seconded motion, and motion was passed.
A motion to accept the minutes as written was made by James
Karr, and seconded Ray Dool. Motion carried.
Motion to enter executive session was made by Vincent Buonnano
and seconded by James Karr.
EXECUTIVE SESSION:
Mr. Hughes, Villlage Attorney advised the board on what
factors should be taken into consideration in determining
whether or not to grant or deny a variance. He also stressed
the importance of having the applicants appear before the
board as many times as it is necessary, if the board is
reluctant to make any decisions.
A motion to close the Executive Session was made by Mr.
Cappello, seconded by James Karr. Motion carried.
Motion to close the Zoning Board Hearing was made by John
Cappello, seconded by Mr. Buonnano. Meeting adjourned 8:40
PM.
Respectively submitted,

Prancesca. Lorenz
Village Administrator's Office
.•Hj*r".:---»!-'c-j -»^_*a^iBui^-s,-x«i*«"%-.i--* I ^^^feiii l ? ; K i ^»SS4M^sS

�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: Barreiros

2.

Premises:

265 Washington Street

Project:

Porch and stairs
Section 15, Block 12, Lot 17

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: 4-^W^

&amp;\

•

Village Counsel
---.--• ^tZ--i-jr.

»

--a-ti-'/fe^fcs-;^-

%i -3 i£^kff ££^ja^»z*4$?:£z~^rG^.~r--e*3*; Z5 LLZ "~C

-~^ ! v*Jg»Sig&amp;fa3e£&amp;3ii£J3y&amp;^&amp;£S

�Application Approved/Denied

Meeting Date
April 28, 1988

May 26, 1988

(1)

Poletti - Denial
206 N. Washington Street.

(2)

County Manor Home s
Pocantico Street
Density, Area Variances.

(3)

Clabella
Tappan Avenue
Area Variances.

(1)

Di Biase
23 Depeyster Street
Addition.

(2)

Occhipinti
20 Hudson Street
Two family use.

June, 1988

No meeting.

July, 1988

No meeting.

August 198 8

No meeting.

September, 1988

None.

October, 1988

November 16, 1988

(1)

Damin
14 Dell Street
Addition.

(2)

Solari
47 New Broadway
Addition.

(1)

Nackman
279 Farrington Avenue
Addition.

(2)

Mangieri
15 Chestnut Street
Area variances.
NO MEETING

December 1988
January 18, 1989

(1)

Stapel - denial
141 Kelbourne Avenue
Fence

(2)

Jadus
Section 15, Block 12, Lot 1
Addition.

February 8, 1989

None.

March 15, 1989

None.

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»

•

Approved with respect to substance and form:
Vil^lge kttorne
Dated: £-&gt;/~ %j

Approved by the Zoning Board of Appeals
nijsfan or Acting
&gt;ated:^&gt;|^

Filed with Deputy Clerk
Clerk or ^Deputy Clerk
Dated: &lt;£/£^/&amp;q

n.irsi

Date of Meeti
tmg

-,--. -• u^xe - „ &amp; s l A ; t * i S - ^ i a f i M , i i ^

�y

NORTH TARRYTOWN, N.Y.
May 17, 1989

PUBLIC HEARING

4

A Public Hearing was held before the Zoning Board of
Appeals of the Village of North Tarrytown on the above date.
PRESENT:

Stephen Maceyak, Chairman
John Cappello
Raymond Dooly
James Karr
Vincent Buonanno
Frank Paolantonio
Jerome Fine

ALSO Present;

John J. Hughes, Jr., Village Attorney

Chairman Maceyak called the meeting to order at 8 p.m.
1.

APPOINTMENT OF NEW CHAIRMAN

Mr. Maceyak stated that the first order of business was
to appoint a new Chairman. Mr. Cappello moved, seconded by
Mr. Paolontonio that Mr. Maceyak be elected Chairman.
Carried.
^^
fl^fc

Chairman Maceyak then welcomed the new member of the
Board, Mr. Jerome Fine.
2.

MINUTES OF APRIL 19, 1989 MEETING

Mr. Buonanno moved, seconded by Mr. Karr that the
minutes of April 19, 1989 be corrected as follows:
Page 2 Item 3 - Correction - "existing front interior
steps from first floor to the second floor not be removed".
CARRIED.
Mr. Cappello moved, seconded by Mr. Karr that the
minutes be approved as submitted with the correction.
Carried.
3.

MATTER OF KRINGAS, 149 Webber Avenue, North Tarrytown,
New York

Mr. Hughes stated that Mr. Kringas and his attorney
notified him that they could not be present at the hearing.
Mr. Paolontonio stated that he thought it was short
notice and felt we should have the hearing. Mr. Hughes
stated we should have the Public Hearing as there were many
people present who wished to be heard.

-1-

�The Acting Clerk read the Public Notice to hear and
consider an appeal by Demetrios Kringas, 149 Webber Avenue,
North Tarrytown, New York from a decision of the Building
Inspector in denying a building permit for five one-family
attached dwelling units on property located on the westerly
side of Webber Avenue, between Bedford Road and Sleepy Hollow
Road, known and duly designated on Village Tax Assessment Map
as Section 17, Block 4, Lot 5C.
The proposed plans, which call for five (5) attached
single-family dwelling units, are in violation of Zoning
Code, Schedule of Regulations 62-8B, District R3, (which
provides for single family detached dwelling units only),
Section 62-7(c) (which provides that no more than one
principal building and its accessory building shall be
erected on any one lot) and Section 62-14B (2) (which
requires that not more than two (2) vehicles may be located
in a front yard).
Chairman Maceyak accepted a Petition from thirty (30)
residents of the area in favor of the decision of the
Building Inspector denying the application of Demetrios
Kringas. (Petition in Official Minutes).
- Mr. Arthur Ceconi, Amos Street inquired if Mr. Kringas
had withdrawn his petition. Mr. Ceconi stated that this was
the second time a public hearing had been called and Mr.
Kringas did not show up.
Mr. Dool said it bothered him that people had to come to
a public hearing and the applicant does not appear.
Mr. Dorothy Paolantonio, Amos Street, stated that
several years ago a builder wanted to build miilti-family
homes in a one family district and permission was not
granted. She feels that the area should remain comprised of
one family homes.
Mr. Donald Caetano, Lawrence Avenue inquired when the
Zoning Board was going to stop giving variances. By giving
variances the Board is "Spot Zoning".
Mr. Maceyak stated that the Building Inspector enforces
the Building Code but people have the right to apply for a
variance in the case of "hardship" and the Zoning Board has
the right to either grant or deny a variance.
There being no further comments Mr. Paolantonio moved,
seconded by Mr. Buonanno that the hearing be closed.
Carried.

�4.

MATTER OF BENOWIT, 74 Beekman Avenue, North Tarrytown,
New York

The Clerk read the Public Notice to hear and consider an
appeal by Paul Benowitz from a decision of the Building
Inspector in denying a building permit to change the
occupancy of 74 Beekman Avenue, North Tarrytown, New York
from a two family dwelling to a five family dwelling, said
premises being known and designated on Village Tax Assessment
Map as Section 16, Block 6, Lot 10.
Section 62.8B requires two additional parking spaces.
The building is non-conforming in that the proposed lot width
is 25 f -0".
The proposed lot size is 3125 sq. ft. Section 62.8B
requires 50-00 sq. ft. for the first three families and 1500
sq. ft. for each additional family — five families would
require 8000 sq. ft.
Mr. Benowitz handed the Clerk proofs of Service of
Notice of Public Hearing.
Mr. Benowitz explained to the Board present plans for 74
Beekman Avenue. He stated there were at present, two-five
bedroom apartments. Plans were to make two apartments on
both the second and the third floor and an apartment on the
first floor, which would be handicap accessible. The plans
called for complete renovation of the store also.
Mrs. Katherine Lingardo, Pine Close inquired if Mr.
Benowitz was a resident of the village or would he be an
absentee landlord.
Mr. Pollock stated that he was a grandson of Edward
Pollock who was a resident of the village for many years. He
stated that the building was in disrepair and he and his
partner purchased it from the Estate and were interested in
rehabilitating the building. For his plan to be economically
feasible, the building would have to have at least five
apartments.
Mr. Ugo Checchi stated that he was a member of the
Parking Authority and he felt that to give permission would
create a serious parking situation, as there was a lack of
parking at the present time.
Mr. Margotta stated that if permission is refused, it
would probably become a "Boardinghouse" type of tmilding.
Mr. Maceyak stated that the Village will be appointing
an Architectural Review Board to review variances granted by
the Zoning Board.

�There being no further comments Mr: Dool moved, seconded
by Mr. Fine that the public hearing be closed. Carried.
•

BUSINESS SESSION:
After a discussion, Mr. Buonanno moved, seconded by Mr.
Dool that the matter be "tabled" in order that the Board
might study the matter further. Carried.
After a discussion, the Board agreed to meet with Mr.
Pollock and Mr. Benowitz on Monday, May 22, 1989 at 7 p.m. to
look at the property involved.
5.

MATTER OF TAVERAS, 22 Lawrence Avenue, North Tarrytown,
New York

The Clerk read the Public Notice to hear and consider an
appeal by Joao Taveras, 22 Lawrence Avenue, North Tarrytown,
New York in denying a building permit for the addition of a
kitchen which would be creating a habitable dwelling unit as
per Definitions in Article II, Section 30A.11.
Schedule of Regulations, 62-8B requires a minimum lot
size of 5,000 sq. ft., plus 1500 sq. ft. for each additional
family over three families. Said property contains 4,79 2 sq.
ft.
Mr. Maceyak asked if there was anyone present who would
like to speak for or against the appeal.
Mr. Margotta stated that Mr. Taveras had obtained a
building permit to install a playroom and bathroom in his
basement. He granted a permit and when he inspected the
basement, Mr. Tavares had also installed a kitchen, which
then constituted an apartment. Mr. Tavares was issued a
summons and was fined. he is appearing before the Zoning
Board requesting a variance so that he does not have to
remove the kitchen.
Mr. Dool stated that he had inspected the building and
in his opinion it was an apartment.
Mrs. Katherine Lingardo asked when the Village was going
to start enforcing the Village Codes.
Mr. Maceyak informed Mr. Lingardo that Mr. Tavares has a
right to apply for a variance.
There being no further business to come before the
hearing Mr. Dool moved, seconded by Mr. Karr that the hearing
be closed. Carried.

-4-

�BUSINESS SECTION
Mr. Dool stated that Mr. Tavares knew that he did not
have a building permit to install a kitchen and therefore he
should not be granted a variance.
Mr. Cappello stated that he felt Mr. Tavares defied the
Building Inspector by putting the kitchen in and he would
reserve decision.
Mr. Maceyak stated that the Board could give a one-year
variance that would be renewable each year and the building
would be inspected at anytime.
Mr. Karr moved, seconded by Mr. Buonanno that a one-year
variance allowing a kitchen, with the stipulation that the
area would never be used as an apartment or for separate
dwelling or residential purposes may be used only by Mr. and
Mrs. Tavares and their immediate family. It may never be
used for a separate residence or apartment.
Mr. Maceyak polled the Board as follows:
Mr. Fine
Yes
Mr. Dool
No
Mr. Karr
Yes
Mr. Buonanno
Yes
Mr. Paolantonio No
Mr. Cappello
No
Mr. Maceyak
Yes
Mr. Maceyak declared that the motion was carried by a 4
to 3 vote. Mr. Maceyak stated that the Building Inspector
would inspect the premises at any time from tonight to insure
that the conditions of the variance were being fulfilled.
Acting pursuant to the State Environmental Quality
Review Act ("SEQR"), the Board declared itself lead agent and
further resolved that this action would have no negative
effect on the environment.
6.

MATTER OF SOLARI, 47 New Broadway North Tarrytown.
New York

The Clerk read the Public Notice to hear and consider an
appeal by Enrico Solari, 47 New Broadway, North Tarrytown,
New York from a decision of the Building Inspector denying a
building permit for an additional proposed dwelling house on
the premises known as Section 17, Block 19, Lots 16, 17, 18
and 19 on the Tax Assessment maps of the Village of North
Tarrytown.

�The existing residence on the premises is nonconforming
to present Zoning Code requirements as follows:
1. Section 62-8 (B) of the Zoning Code requires a minimum
side yard of 3 feet. The existing side yard is 9 inches.
2. Section 62-8(B) of the Zoning Code requires a front yard
of 20 feet. The existing front yard is 10 feet.
3. Section 62-8 (B) of the Zoning Code requires a rear yard
of 20 feet. The existing rear yard is 21 feet.
4. Section 62-8 (B) requires lot coverage of 35 percent.
The current coverage is 44 percent.
5. There are no parking spaces and three apartments in the
existing residence, all contrary to Section 62-8(B) of the
Zoning Code.
The premises are known as Section 17, Block 19, Lots 16,
17, 18 and 19 on the Tax Assessment Maps of the Village of
North Tarrytown.
Mr. Charles Keeney, attorney for Enrico Solari, stated
that the property was purchased in 1971 and further stated
that Mr. Solari wished to build a two-family residence for
his son and they would share a common driveway.
Mr. and Mrs. Charles Shibetti of Mahoney Place spoke in
favor of granting Mr. Solari a variance to construct a twofamily house.
Mr. Maceyak stated that he had received a letter from
Mrs. Joseph Henshaw, 50 New Broadway, who stated she had been
ill and unable to attend the Public hearing but felt that Mr.
Solari should be granted a variance to build a two-family
house.
Mr. Maceyak stated that he had received a letter from
Robert Barstow, 11 Pine Street, Ronald Greene of 15 Pine
Street, Marion Jansen of 15 Pine Street, Joe Gizzi of 48 New
Broadway and Kathi Barstow of 11 Pine Street, all in
opposition to granting Mr. Solari a variance. They stated
that Mr. Solari runs a commercial construction operation and
parks large vehicles in the area and feel that the
neighborhood is too congested for this kind of project.
There being no further comments to come before the
Public hearing Mr. Dool moved, seconded by Mr. Paolantonio
that the hearing be closed.
BUSINESS SECTION
The members of the Board proceeded to discuss the
application.

�Mr. Solari stated that he had notified the third family
they would have to move by June 30th, 1989 in order for him
to conform to the Board's wishes, and all commercial trucks
would be removed after construction. His son was negotiating
for a garage elsewhere.
Mr. Cappello moved, seconded by Mr. Buonanno that Mr.
Solari be granted variances as requested in the Public Notice
on the following conditions:
1. That the third apartment in the existing residence be
permanently removed - kitchen, gas meter, electric meter
removed prior to issuance of a building permit.
2. That there be no further parking of commercial trucks on
the premises.
3. That there be no loading or unloading of construction
materials on the premises.
4. That sufficient parking be provided for both residences a minimum of two (2) on site parking spaces for each
residence.
5. That no new curb cut be permitted.
Acting pursuant to SEQR, the Board declared itself lead
agent and further resolved that this action had no negative
effect on the environment.
7.

ADJOURNMENT

There being no further business to come before the Board
to Mr. Fine moved, seconded by Mr. Cappello that the same be
duly adjourned. Carried.
Respectfully submitted,
Irene Amato
Acting Clerk

�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:

2.

Applicant:

Solari

Premises:

47 New Broadway

Project:

Building lot

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: JLtf- f&lt;j

Village Counsel
- • ^ • ^ f e ^ * ^ .5i,3i3i,

^-^-'^'^^^^SiM^Ss^S^^'^j^^jif4^iif--r3i

','^-^*c^^fes^^«JIsiJ»£5ir^^^^ffc?^.^^^^

�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:

2.

Applicant:

Taveras

Premises:

22 Lajtfrence Avenue

Project:

Dwelling unit - additional

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: / - ! * ' • • '

Village Counsel

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•

Approved with respect to substance and form:
Village Attdrne^
Dated :&lt;?-/*-ft

Board of Appeals

?-/*- H

Filed with Deputy Clerk

CX. (f\&gt;-o&gt;jLi^

•

C l e r k o r Deputy C l e r k
D a t e d : 9/(&lt;}/ &lt;?&lt;t

Date of Meeting

9
fe*&amp;.

D.^iKfiiiAi^-iattJi^fc-- i4iiteis^ii&amp;wsl£iiSAi»*^^li&gt;6«'iaS!i^Ssf*i

^^»^*e*iWi&gt;*^Sifefef&amp;si^S«fefiie^aM»4 : 4sSS3

�PUBLIC HEARING

NORTH TARRYTOWN, N.Y.
JUNE 21, 1989

A Public Hearing was held before the Zoning Board of
Appeals of the Village of North Tarrytown on the above date.
PRESENT:

Stephen Maceyak, Chairman
John Cappello
Raymond Dool
James Karr
Vincent Buonanno
Frank Paolantonio
Jerome Fine

ALSO PRESENT:

John J. Hughes, Jr., Village Attorney

Chairman Maceyak called the meeting to order at 8 P.M.
1. MINUTES OF MAY 17, 1989 MEETING
Mr. Buonanno moved, seconded by Mr. Karr that the
minutes of May 17, 1989 be corrected as follows:
Page 5 Paragraph 6- Correction- Insert- "anytime without
notification"
Page 5 Paragraph 4- Correction- Insert- "immediate"
Page 7 Item 3- Correction- Add- "unrelated to
construction of new home".
Page 7 Item 5- Correction-Add- "5. There shall be no
new curb cut or modification of old curb cut".
Mr. Cappello moved, seconded by Mr. Dool that the
minutes be approved as submitted with the corrections.
CARRIED.
2.

MATTER OF BENOWITZ, (POLLOCK) 74 Beekman Avenue, North
Tarrytown.

BUSINESS SESSION
Chairman Maceyak stated that the Board had made a site
inspection of the premises at 74 Beekman Avenue and had
discussed the renovation of the premises with the Architect.
Mr. Paolantonio stated that his only concern was;the
parking problem and where the tenants would park. There is
no available parking between Cortlandt Street and Washington
Street at present.
Mr. Cappello stated that he was willing to compromise if
Mr. Lenowitz eliminated the apartment on the first floor.

�-2Mr. Maceyak inquired of Mr. Lenowitz regarding the
possibility of an alternate plan with fewer apartments.
Mr. Lenowitz stated that a "Financial Statement" had
been submitted regarding the project and felt that it was not
economically feasible with less than five apartments.
Mr. Maceyak stated that he felt the Board would be
creating a bigger parking problem if they allowed the
requested variances.
Mr. Fine inquired as to the availability of the Halpern
Study and how Mr. Lenowitz's project would fit into the plans
being drawn by Mr. Halpern.
Mr. Paolantonio asked when the Halpern Study would be
completed. Mr. Regan stated that this would take
approximately 45-60 days.
Mr. Buonanno moved, seconded by Mr. Karr that the matter
be tabled until the Village receives the Halpern Plan to
determine whether the project, as proposed, would conform to
any re-zoning of the area. CARRIED.
3.

MATTER OF SHIBETTI, 20 Dell Street, North Tarrytown.

The Clerk read the Public Notice to hear and consider an
appeal by Mrs. Joan Shibetti, Mahoney Place, North Tarrytown,
N.Y. to convert a two-family residence at 20 Dell Street to a
temporary three-family residence.
Dell Street is in an R-4 District. Schedule of
Regulations- Section 62-8B, General Description states that
this is a one and two family residential district.
The premises are known and duly designated on Village
Tax Assessment Map as Section 17, Block 1, Lot 12A.
Mr. Maceyak asked if there was anyone present who would
like to speak for or against the appeal.
Mrs. Shibetti handed the Clerk proofs of service of
Notice of Public Hearing.
Mrs. Shibetti stated that they were interested in making
an apartment for her daughter and son-in-law, who had both
just graduated from College and were returning to the area
to continue their education. It would be a temporary
apartment as they would eventually buy their own home.

�-3Ms. Susan Galgano, 225 Gordon Avenue, North Tarrytown
stated that Mr. Buonanno was also the owner of this property
and the matter of changing from two family to three family
had been discussed previously. She stated that Mr. &amp; Mrs.
Shibetti owned other houses in the area and felt they could
give their daughter an apartment in one of the other houses.
She stated that by granting this variance they would be
creating a "spot zone."
Mr. Frank Rey also of Webber Park stated that he was
opposed to granting the variance as it was not in the best
interest of the village and also stated it would be creating
"spot zoning."
Mr. Maceyak stated that they were requesting a
"temporary variance" and would convert the apartment back to
an office and exercise room.
There being no further comments Mr. Paolantonio moved,
seconded by Mr. Dool that they hearing be closed. CARRIED.
BUSINESS SESSION
The members of the Board proceeded to discuss the
application.
Mr. Buonanno excused himself from the discussion and
voting as he was directly involved with the property in
question.
Mr. Fine stated that the Code provided for a "Temporary
Use" of property for a period of twelve months, which maybe
renewed once.
Mr. Fine stated that if the applicant could assure the
Village that they would convert the property back to two
family at the end of the one year term, that the variance
should be granted.
Mr. Dool stated that to grant this application would be
"spot zoning". He was against granting the variance because
there was no difference between this applicant and any other
family which had children in.need of dwelling space. Mr.
Paolontonio agreed, stating that the Applicants had not
demonstrated economic hardship, other than a need to find an
apartment for their daughter and son-in law. He noted that
the Applicants owned other rental property in the Village.
If this application was approved, there would be no good
reason to deny any property owner in this Zoning District who
wish to create third apartments for their adult children.
This may also be a legislative act, not a decision to be made

�-4by the Zoning Board. Mr. Cappello was also against granting
the variance for similar reasons.
Mr. Karr was in favor of the variance, noting that the
applicants were long time residents, simply trying to assist
their own children.
Mr. Karr moved, seconded by Mr. Fine, that a variance
permitting 3 families in a 2 family zone be granted for
twelve months, at which time it would be reviewed by the
Board, the property would be inspected by the Building
Inspector, that the variance be revoked and that the kitchen
be removed.
Mr. Maceyak polled the Board as follows:
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.

Fine
Dool
Karr
Paolantonio
Cappello
Maceyak

Yes
No
Yes
No
No
Yes

Mr. Maceyak declared the vote a tie vote. Pursuant to
Roberts Rules, the motion was "defeated". VARIANCE DENIED
for the above stated reasons.
Mr. Maceyak declared a ten minute recess.
4.

MATTER OF WAYNE JEFFERS, Re: 410 North Broadway, No,
Tarrytown

The clerk read the Public Notice to hear and consider an
appeal by Wayne Jeffers, 184. Midland Avenue, Tarrytown, N.Y.
from a decision of the Building Inspector in denying a
building permit to relocate two gas pumps, to build a one
story addition and to install a restaurant in the existing
building at 410 North Broadway, known and duly designated on
Village Tax Assessment maps as Section 17, Block 21, Lots 109
and 109-112.
The facility as a gas station is non-conforming in
accordance with Section 62-19 A,B,C,D- Gasoline Service
Station.
Schedule of Regulations, Section 62-8B does not allow a
restaurant in the C-l District.
Mr. Donal Walsh, representing Mr. Jeffers, stated that
it was the intent of Mr. Jeffers to relocate and renovate the
gas station pumps and to generally improve the area. The
station previously had "junk" cars parked on the property but

-^^^'^^^^fS^^^JtiJ^^

�-5would like to add to the present building and install a
canopy over the new pumps. He stated that he had previously
sent a letter outlining the plans.
Mr. Walsh stated this was the first step in cleaning up
the area. Mr. Jeffers had planned to renovate the station
only and was approached by "Uncle Jerrys Delicatesen"
regarding the building of a restaurant and the gas station.
Mr. Donald Caetano, Lawrence Avenue stated that Old
Broadway was a very narrow street and questioned whether it
could handle the additional traffic.
Mr. George Fitzpatrick of Hunter Avenue stated that his
family owned the adjacent property and felt that the
improvements would be an asset to the area and to the
Village.
Mr. Rey, Holland Avenue, North Tarrytown stated that it
would be an asset as "Uncle Jerry's" runs a very nice
business, and Mr. Jeffers has an excellent reputation in the
Village.
Ms. Donna Stafford, of Old Broadway, North Tarrytown,
stated that her family is in favor of the project as it would
clean up the area and enhance their property.
There being no further comments, Mr. Buonanno moved,
seconded by Mr. Cappello that the hearing be closed.
CARRIED.
BUSINESS SESSION
The members of the Board proceeded to discuss the
application.
Mr. Cappello stated that if we denied the variance,
"Uncle Jerry" would be out of business and the village needs
this type of business in the area.
Mr. Walsh stated that it would not be a "Tappah Hill"
type of restaurant but with the Restoration across the
street, people do want to eat at a restaurant when they visit
North Tarrytown.
Mr. Buonanno stated that he was in favor of granting a
variance and in the event the restaurant closes, the zoning
would revert back to a C-l District.
Mr. Fine stated he was in favor of granting a variance
as a restaurant was needed in the area and the gas station
would be renovated.

�i *

•;.«•

-6-

•

Mr. Cappello stated that he did not normally travel in
that area but felt that it would be an asset to the village.
Mr. Karr moved, seconded by Mr. Dool that Mr. Jeffers be
granted variances as requested in the Public Notice as
follows: A Building Permit be granted to install and
relocate two gas pumps, to build a one story addition and to
install a restaurant in the existing building at 410 North
Broadway, known and duly designated on Village Tax Assessment
maps as Section 17, Block 21, Lots 1-9 and 109-112. CARRIED.
Mr. Maceyak instructed Mr. Jeffers to submit plans to
the Planning Board and to the Architectural Review Board.
ADJOURNMENT
Mr. Cappello moved, seconded by Mr. Dool that if there
was no business to come before the Board that no meetings be
held during July and August. CARRIED.
There being no further business to come before the Board
Mr. Dool moved, seconded by Mr. Paolantonio that the meeting
be adjourned. CARRIED.
Respectfully submitted,

Irene Amato
Acting Clerk

,,, .U_LOLU
AUG 2 4 1989

nFPUTY CLERK

•ft " V ^ - K - - * ; - . £ £

',?_V_—W-j.,;-; : ^ . - c ' i

~^:^^-^^^

�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:

2.

Applicant:

Jeffers

Premises:

410 N. Broadway

Project:

Gas station/Restaurant

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: 4' &gt; &gt; '&lt;*)

Village Counsel1
i - e f e . f e s * ™ ^ :-rf«afti£s=«..3ftii-w .-.i-,:.-i,--.a-i...s.i.^. ;:« -.

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t

-r
it

Approved with respect to substance and form:
Vfllage Attorney
Dated: 9-l*-$1

Approved by the Zoning Board of Appeals
fair-man or Acting Chairman
Jated: ?-ltf'&lt;?&lt;j

Filed with Deputy Clerk
n

(X •t -U-g^vi^fctS

Clerk or Deputy Clerk
Dated: 9 / / ? / ^
•

Date of Meeting

t
_,-&gt;--.&amp; «v ^.-S-ii^.-.-ilU !_• *, "i ^ - / f . V ^ T i i ^ ^ A ^ ^ V ^ ^ ^ , ^ ^ ^

�NORTH TARRYTOWN, NY
JULY 19, 1989

PUBLIC HEARING

A Public Hearing was held before the Zoning Board of
Appeals of the Village of North Tarrytown on the above date.
PRESENT:

Stephen Maceyak, Chairman
Jerome Fine
Raymond Dool
Frank Paolantoriio
Vincent Buonanno
John Cappello

ABSENT:

James Karr

ALSO PRESENT:
1.

John J. Hughes, Jr., Village Attorney

MATTER OF AMENTA 239 NORTH BROADWAY, NORTH TARRYTOWN

The Clerk read the Public Notice to hear and consider an
appeal from a decision of the Building Inspector in denying a
building permit for the construction of a building on North
Broadway, duly designated on Village Tax Assessment Map as
Section 16, Block 7, Lots 4, 5, 6, 7, 8.
Section 62-14A (1) Off-Street parking spaces shall have
a minimum area of 180 sq. ft. while several parking spaces
contain less than the required sq. ft.
Parcel B requires forty parking spaces, including the
handicap parking, while proposed plan provides for 39 spaces.
Section 62-14B Location (1) requires off-street loading
on the same lot, while proposed plan indicates location on
Route 9.
A use variance for an office building is required as per
Section 62-8B C-l Schedule of Regulations.
Mr. Maceyak asked if there was anyone present who would
like to speak for or against the appeal.
Mr. Amenta handed the Clerk proofs of service of Notice
of Public Hearing.
Mr. Amenta presented to the Board proposed plan of
office building to be built.
Mr. Margotta stated that the N.Y.S.D.O.T. has no
objection to the plans as submitted, and he felt that the
project was a good project and suggested that Mr. Amenta
submit a "model" of the project in order for the Board to
have a better picture of what it would look like.

�Mayor Gandolfo stated that the Village Board of Trustees
had discussed the project at their last Board meeting and
their only concern was the "size" of the project and the
"loading zone" on Route 9. They felt that a "loading zone"
in the area was too close to the school. The Board of
Trustees had recently denied a permit for a "loading zone"
near the same location.
Diane Ahboud, whose property is adjacent to the project
was concerned on the sideyard and front line setbacks.
Mr. Margotta stated that the Fire Department would make
sure that all property regulations were adhered to.
Mr. Donal Walsh, attorney for T. Marsala Investor's
Partnership, owner of the former Mangieri property located at
15 Chestnut Street, presented a letter voicing their approval
and concerns, which upon motion duly made and seconded and
carried was made a part of the Official Minutes.
Mr. James D'Orio, owner of the former Mangieri property
stated that he was interested in the landscaping and the
buffer zone as the property, which is commercial, abuts his
property, which is residential.
There being no further comments Mr. Dool moved, seconded
by Mr. Cappello that the hearing be continued. Carried.
BUSINESS SESSION
Mr. Fine stated that he was concerned about the
additional traffic and the drainage in the area, and the
"ingress" and "egress" onto Route 9.
Mr. Maceyak stated that a letter had been received from
the Public Schools of the Tarrytowns acknowledging receipt of
notice of public hearings on the Amenta and Immaculate
Conception appeals, and stating that the Board of Education
decided to take no action on either of these matters.
A motion was made to continue the hearing until next
month in order to review the long Environmental Assessment
Form, landscaping plans and other documents.
Mr. Maceyak declared a ten minutes recess.
2.

MATTER OF IMMACULATE CONCEPTION CHURCH, 199 NORTH
BROADWAY, NORTH TARRYTOWN (DEPEYSTER STREET PROPERTY)

The Clerk read the Public Notice to hear and consider an
appeal by the Immaculate Conception Church,, 199 North
Broadway, North Tarrytown, New York from a decision of the
Building Inspector in denying a building permit for the
conversion of the church building known and duly designated

�on Village Tax Assessment Map as Section 16, Block 15, Lots 3
&amp; 4 to a six unit residential structure.
Schedule of Regulations, 62-8B requires a front yard of
20* 0" while proposed plans indicate a side yard of 1.48'
minimum and a total of 11.48'.
A rear yard of 25' 0", while the proposed plans indicate
3.98' .
Mr. John Nolan, representing the Immaculate Conception
Church, stated that the plans had been submitted to the
Church Council and to the Archdiocese. The plans were to
sell the Church with certain restrictions to a developer, who
would convert the church into six units of housing, which
would then be sold to middle-income families.
Mr. Armando Galella, Trustee of Immaculate Conception
Church, state that the Pastor was on vacation, but he
represented the Council. He stated that the church had
planned to build a school on the property some years back but
couldn't get funding, and at the present time the property
was not needed. He also stated that the church could use the
money that the sale of the property would generate.
Mrs. Judith Washburn, Depeyster Street, stated that her
property was adjacent to the church in question and she was
quite concerned about he loss of privacy and the problems
that would occur when construction began. She stated that
the building was infested with bats and she was against the
project.
Mr. Anthony Fiorella, Sleepy Hollow Manor, asked if an
Impact Study had been done on the property.
Mr. Hughes stated that the Planning Board would request
that an Impact Study be conducted.
Mrs. Angela DeBiase, Depeyster Street, stated she was
against the project as it would generate too much traffic on
the street.
Mr. Mario Belanich, North Washington Street, felt that
the building was too close to the property lines.
Mr, Christopher Sarro, Attorney for I.T.A.L.O., who
presently have their quarters in the Church stated that the
Church was asking for variances to maximize their profit when
they sold the building. he felt that variances should only
be granted in case of "hardship". He also stated that the
church has offered the property for sale some months ago and
there were no takers, and he felt the project did not make
economic sense.

�Mr. Frank Savage, Depeyster Street, stated that his
property adjoined the church property and he submitted a
letter stating his objections to the project. (Letter in
official minutes). He stated that a parking lot would just
create a nuisance and that teenagers will be hanging out and
making noise.
Mr. Ralph Cellante, Trustee of the Immaculate Conception
Church, stated that if the church was demolished the owner
could build a multi-family complex which would conform to the
codes. He felt that the project would maintain the church
and the large tree that is presently on the site.
Mrs. Washburn stated that the parking lot would have to
be "lit" at night and this would cause teenagers to
congregate.
Mr. Maceyak stated that the church would have to submit
the plans to the Planning Board for their approval of the
"Site Plan" and they would make them position the lights so
the neighbors would not be annoyed. They would also
construct proper buffers, etc.
Mr. Armando DiBiase, Depeyster Street, stated that he
felt that by granting all the variances that the church
requested would create a hardship on the surrounding
neighbors and he was against granting them.
There being no further comments Mr. Cappello moved,
seconded by Mr. Buonanno that the hearing be closed.
Carried.
BUSINESS SESSION
Mr. Maceyak requested that Mr. Nolan submit the plans
pursuant to SEQRA for review and that an Environmental Impact
Study be undertaken and that detailed plans regarding
apartments, and whether they will be rental or condos, be
submitted.
Mr. Maceyak stated that the Board would contact Clark
Associates for their input on the project.
Mr. Cappello moved, seconded by Mr. Dool that the Public
Hearing be adjourned to a later date. Carried.
3.

MATTER OF LAURENTIO RODRIGUES, 5 6 CLINTON STREET,NORTH
TARRYTOWN - (35 Clinton Street Property)

The Clerk read the Public Notice to consider an appeal
of Laurentino Rodrigues, 56 Clinton Street, North Tarrytown,
from a decision of the building inspector in denying a
building permit for the conversion of a one-family dwelling
at 35 Clinton Street, North Tarrytown to a two-family

�dwelling duly known and designated on Village Tax Assessment
Map as Section 16, Block 8, Lot 23A.
The Schedule of Zoning Regulations, Section 62-8b
requires, for the instant premises, a front yard of twenty
(20) feet and a side yard of 5.0 feet. The proposed plans
show a front yard of seven (7) feet and no side yard.
Section 62-14 (1) "Off-Street Parking" requires 180
square feet, exclusive of aisles and driveways, while the
proposed plan indicates a width of 8*0" for the driveway and
does not indicate two parking spaces.
The Schedule of Regulations requires a minimum lot size
of 4000 square feet, while the proposed plan indicates a lot
size of 2640 square feet.
Section 62-12 Area - Nonconforming lots - In any R
District, only a single family detached dwelling may be
erected on a non-conforming lot provided that the front, side
and rear yards of any such lot shall comply with the normal
requirements.
Mr. Rodrigues handed the Clerk proofs of service of
Notice of Public Hearing.
Mr. Maceyak asked if there was any one present who would
like to address the Board on this subject.
Mr. Maceyak gave the Clerk letters from?Mr. Manuel
Cantillana, 39 Clinton Street, Mr. Santos Rogas, 58 Clinton
Street, Mr. Victor Rivas, 28 Clinton Street, all in favor of
granting Mr. Rodrigues the variances he requested.
Mr. Rodrigues stated that when he purchased the property
he had intended to renovate it as a one-family and a building
permit was issued by the building inspector. Upon beginning
construction he found there were two electric meters and two
gas meters in the building. He then applied for a permit to
renovate it as a two family dwelling, which permit was
denied.
Mrs. Doreen Quigley, 44 Clinton Street stated that she
was a long time resident of the area and the house was never
a two-family.
Mrs. Margaret Kantrowicz, Cedar Street stated that the
property was in the rear of her property and that Mr.
Rodrigues has completely renovated the house and made it a
two family. She also stated that it had never been a twofamily.
Mr. Stanley Pulaski, Depeyster Street stated that the
area was too congested and adding additional apartments

�without creating parking would make it more congested.
Mayor Gandolfo stated that the one-family dwelling is on
a non-conforming lot and apparently the building had been
abandoned for many years and felt that he needed a variance
for a one-family dwelling.
There being no further comments Mr. Fine moved, seconded
by Mr. Paolantonio that the hearing be closed. Carried.
BUSINESS SESSION
The members of the Board proceeded to discuss the
application.
Mr. Buonanno asked Mr. Rodrigues if he was continuing
the renovation of the building and if so, he should cease
until the Board makes a decision.
Mr. Rodrigues asked how long it would take the Board to
render a decision.
After a discussion Mr. Maceyak stated that the Board
would render a decision at the next meeting.
4.

MATTER OF BENOWITZ - (POLLOCK) 7 4 BEEKMAN AVENUE,
NORTH TARRYTOWN

Mr. Maceyak stated that the Board was continuing
discussion on the above parcel, and asked if there was any
one present who would like to address the Board on the
subject.
Mr. Lawrence Salley, Deputy Commissioner of Westchester
County Department of Planning, spoke in favor of granting Mr.
Pollock the variances he had requested. He gave information
to the Board regarding Section 8 Assistance to Seniors and to
Low-Income families who reside in the Village. He informed
the Board that Mr. Pollock would be receiving assistance
from the County in the form of low-interest loans. He stated
that the project would be strictly monitored by the County in
order to prevent violations.
Mayor Gandolfo stated she realizes several variances
have been requested for this project but she feels that this
project offers an opportunity to rehabilitate a building that
is desperately in need of repairs and Section 8 Assistance
would be available to applying tenants.
There being no further comments Mr. Paolantonio moved,
seconded by Mr. Cappello that the hearing be closed.
Carried.

�•

BUSINESS SESSION
Mr. Fine stated that with the renovation of the building
it would improve the area but felt that local residents be
given first preference to the apartments.
Mr. Fine questioned what effect the approval of the
project would have on the Halpern Study.
Mr. Maceyak stated that the Halpern Report was to
rehabilitate the section of the Village which needed
rehabilitating and this project would conform. He stated
that Mr. Hughes would send a letter to Mr. Pollock
stipulating the conditions on which the variances would be
granted.
Mr. Fine moved, seconded by Mr. Cappello that the
variance application made by Mr. Pollock be granted for the
following reasons subject to the following conditions:
(1)

That the applicant had demonstrated conclusive
proof of economic or "dollars and cents" hardship
due to an inability to earn a reasonable return on
the property under a permitted principal use.

(2)

That the property was unique in that it could be
converted to five (5) apartments without
essentially changing the number of residents
currently occupying the property.

(3)

That the impact of the new use of the property
would be beneficial for the following reasons:

(4)

(A)

The building would be rehabilitated in the
entirety;

(B)

Separate apartments would be created so that
families could reside in each apartment.

(C)

Since the building will be sponsored/financed
by Westchester County and "Section 8"
subsidized rents received, housing will be
provided to low and moderate income residents
of the Village of North Tarrytown.

That the applicant receive all necessary variances
form the State Building Department prior to any
construction.

�9

5.

Mr.

Maceyak polled the Board as follows

Mr.
Mr.
Mr.
Mr.
Mr.
Mr.

Fine
Paolantonio
Dool
Cappello
Buonanno
Maceyak

Mr.

Maceyak declared the motion carried.

Yes
Yes
Yes
Yes
Yes
Yes

MINUTES OF MEETING OF JUNE 21, 1989

Mr. Maceyak stated that the Minutes of the Meeting of
June 21st, 1989 had just been received and several
corrections needed to be made and the Board would approve
them at the next meeting.
There being no further business to come before the
Board Mr. Dool moved, seconded by Mr. Cappello that the
meeting be adjourned. Carried.
Respectfully submitted,
Irene Amato
Acting Clerk

DEPUTY CLERK

�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:

2.

Applicant:

Benowitz

Premises:

74 Beekman Avenue

Project:

5 family structure

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: fyJL^^Ot 11 &amp;)

Village Counsel

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                    <text>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
tcflmey
Dated: &lt;?-&gt;o ~ g*j

Approved by t h e Zoning

:

/ " - ^ - ^

F i l e d w i t h Deputy Clerk
C l e r k o r Deputy Clerk
Dated: 9 / a / / i P 1

3-tfc- ft?
Date of Meeting

of Appeals

�PUBLIC HEARING .

NORTH TARRYTOWN, N.Y.
AUGUST 16th, 1989

A Public Hearing was held before the Zoning Board
of Appeals of the Village of North Tarrytown on the above
date.
PRESENT:

Stephen Maceyak, Chairman
Jerome Fine
Frank Paolantonio
John Cappello

ABSENT:

Raymond Dool
Vincent Buonanno
James Karr

ALSO PRESENT:

John J. Hughes, Jr. Village Attorney

Chairman Maceyak called the meeting to order at
8 P.M.
1.

Matter of Tucci, 304 No. Washington Street, North Tarrytown

The Clerk read the Public Notice to hear and consider
an appeal from a decision of the Building Inspector in denying
a building permit for the installation of a kitchen*in the
basement of a two-family residence at 304 North Washington
Street, North Tarrytown, N.Y. in that it would be creating a
third dwelling unit and would not meet the State and Building
Code requirements.
The said premises are known and designated on Village
Tax Assessment Map as Section 15, Block 13, Lot 13.
Chairman Maceyak asked if there was anyone present
who would like to address the Board.
Ms. Lynn Farrell, representing Anthony &amp; Serena
Tucci owners of 304 North Washington Street stated that due
to the fact that the matter was in the local Justice Court,
and required variances from New York State Department of
Housing, she respecfully requested an adjournment of the
hearing. She stated that
Mrv'*&amp; Mrs. Tucci were requesting
permission from the Zoning Board in order to install a
kitchen at premises owned by them.
Mr. Fine moved, seconded by Mr. Cappello that the
hearing be adjourned to a later date. Carried.
Mr. Margotta, Building Inspector requested that
notices be sent to all those interested parties and a legal
notice be inserted in the newspaper.

�Dr. Richard Sweet, 309 North Washington Street
stated that he and his wife were against granting a variance
and submitted a letter outlining their objections, which he
wished to be made a part of the minutes.
Mrs. Patricia Perry, 305 North Washington Street
stated she was against granting the variance due to the
parking situation on North Washington Street and felt there
should be no permits granted for additional apartments in the
area.
Mr. Maceyak stated that the Tucci Family would have
to apply to the State and they should come back to the Zoning
Board when that step was completed.
2.

Matter of Laurentino Rodriques, 56 Clinton Street, North
Tarrytown - (35 Clinton Street Property)

Mr. Hughes stated that he had received a letter
from Mr. Rodriques withdrawing his application for a variance
for a two-family residence but wishes a variance to permit
a one-family residence.
After a discussion, Mr. Paolantonio moved, seconded
by Mr. Cappello that Mr. Rodrigues be granted a variance for
a one-family dwelling at 35 Clinton Street on the following
conditions:
1. That all work on the second floor apartment be
removed, which includes the kitchen, f„„ „
"
2]. That all electric and gas service meters to the
second apartment be removed to the satisfaction of the
Building Inspector. Carried.
Mr. Rodrigues had established economic hardship to
the satisfaction of the Board.
Mr. Cappello moved, seconded by Mr. Paolantonio
that a Final Inspection be made by the Building Inspector
before a Certificate of Occupancy is granted. Carried.
3.

Matter of Immaculate Conception Church - Multi-family at
former Methodist Church on Depeyster Street.

Chairman Maceyak stated that Mr. afolan who
represents the Immaculate Conception Church would discuss the
plans for the property belonging to the Church on Depeyster
Street.
Mr. Nolan stated there would be five one-bedroom
apartments and one three-bedroom apartment, all with separate
entrances. Mr. Nolan stated that the buildings would be sold
as condominums and run by an association formed by the tenants

�-3He stated there were to be "buffer" zones of high shubbery
around the property. He also stated there would be exterior
lighting with heavy shading so that neighbors would not be
disturbed.
Mrs. Judith Washburn, Washington Street, stated
thattier-propertyadjourns the property in question and was
concerned about the density and the noise.
Mr. Christopher Sarro, Attorney for I.T.A.L.O.
questioned the impact of additional traffic in the neighborhood
and felt that too many variances were being requested and
felt that the Church should put the property on the market
"as is".
Mr. DonaldjCaetano, Lawrence Avenue, stated that
the Board would be "Spot Zoning" if the variances were granted.
Mr. Maceyak stated he felt it would not be "Spot
Zoning".
Mr. Paolantonio stated that the building which has
not been used as a Church for many years cannot be used as
a Church without variances and felt there was a conflict
between two factions in the Church.
Mr. Fine stated that he would like to know more
about the construction of the present building, but felt that
basically it would benefit the village. He also stated that
the matter might be referred to the Architectural Review
Board for their views.
Mr. Nolan stated they were preparing to go before
the Planning Board as they had many questions regarding catch
basins, trees, parking and type of construction. Mr. Nolan,
also stated that they needed the variances regarding set-backs
in order to proceed with Plans and Drawings.
Mrs. Washburn stated that the Church was quite old
and wondered if it oould withstand new construction.
After a discussion, Mr. Nolan stated that "Site Plans"
will be reviewed by the Planning Board and will be filed with
the Office of Land Records in White Plains.
Mr. Ugo Checctii, College Avenue stated that:as
Chairman of the Parking Authority for the Village of North
Tarrytown, he was informing the Board that the site was
considered for Off-Street Parking. He felt that the Board
should take this fact into consideration before granting
variances for the apartments.
Mr. Maceyak stated that according to the plans there
would be ample parking "on site".

�-4Mr. Ralph CelIante, Hudson Terrace, Trustee of the
Immaculate Conception Church stated that parking was needed
but affordable housing was also needed in the Village. He
felt that Church would be doing a.good service to the
community, instead of selling it outright and perhaps having
it torn down.
There 'being no further comments, Mr. Fine moved,
^seconded by Mr. Cappello that the Public Hearing be closed.
Carried.
BUSINESS SESSION
Mr. Fine moved, seconded by Mr, Cappello that the
Zoning Board accept the Plan as presented and that special
attention be paid by the Planning Board to environmental
consequences, architectural integrity and to traffic flow.
Carried.
Mr. Fine moved, seconded by Mr. Paolantonio that the
matter be referred to the Planning Board and the Architectural
Review Board and that the following variances be granted:
1. Conversion of Section 16, Block 15, Lots 3 &amp; 4
be converted from a Church to a Residential Structure with
condominium ownership.
•

2. A front yard requirement is waived, while
proposed plans indicate a side yard of 1.48' minimum and a
total of 11.48*.
The area variances on the ground that the applicant
had demonstrated practical difficulties in terms of an existing
structure being on the premises.
Further, the Board found that there were special
circumstances owing to the size of the property and that strict
application of the ordinance would deprive the owner of
reasonable permitted use for the property.
The Board finally found that multi-family housing
was a good permitted use for the property.
Mr. Maceyak polled the Board as follows:
Mr. Fine
Mr. Paolantonio
Mr. Cappello

Yes
Yes
Yes

Mr. Maceyak declared the variances granted.
•

4.

Matter of Amenta - 230 North Brpadway. North Tarrytown
Mr. Amenta presented a report to the Board stating

^^l^l&amp;-^iSS.i.Sz-i-^ll^i&amp;M4Miii^m-

�-5that the report was a lengthy one and the Board should review
it within the next two weeks. He presented a "model" of the
project to the Board as previously requested.
Mr. Amenta stated that there would be parking for
one police car during the daylight hours and unlimited in the
evening hours. He stated that the Planning Board was asking
the Village Board to create a "Loading Zone" and that the N.Y.
S. D.O.T. did not object to the "Loading Zone" as shown on
the plans.
Mr. Aments stated that with a sub-division, if either
building were to be sold they would each have their own parking
lot.
Mr. Fine felt that provisions should be made for
more police parking, and felt that the building as proposed
was too big for the lot.
Mr. Maceyak asked if the Amentas had approached
the Village Board of Trustees about presenting the project
for their comments. He felt that the police car parking
and the loading zone were very important issues and a trade-off
might be made.
Mr. Fine stated that two parking spaces could be
given to the village under an easement and not as a rental.
Mr. Cappello stated that the entrance and exi
were dangerous and felt that a "No Left Turn" going north on
Route 9 (Broadway) should be permitted.
Mr. Maceyak stated that the Board would review the
Impact Study, and stated that the Village Board of Trustees;
would have to make a decision on the "Loading Zone".
The matter was adjourned until the September meeting
of the Board.
5.

Minutes of Meeting - June 21, 1989 &amp; July 19, 1989.

Mr. Cappello moved, seconded by Mr. Paolontonio that
the minutes of June 21, 19 89 be approved as submitted. Carried,
Mr. Cappello moved, seconded by Mr. Fine that the
minutes of July 19, 1989 be approved as submitted. Carried.
• - . , f ^ . W T * ° «.* • * !"• •&gt;'• •• *' "

: •-* ..fj - ' ' kfa*'??"** b e i n 9 no further business to come before the
Board, Mr]hdcippello moved, seconded by Mr. Fine that the
Ap.ipeetia£jg b&amp;Jctyly adjourned. Carried
Respectfully s
V
Irene Amato

Acting Clerk

�RESOLVED:
1.

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

of North Tarrytown hereby designates itself

"Lead Agency"

for

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

Rodriguez

Premises:

56 Clinton Street

Project:

2.

0ne

family residence

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 :

f-wflVillage Counsel

�RESOLVED:
1.

t

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

of North Tarrytown hereby designates itself "Lead Agency" for
purpose of considering the environmental effects of the following
project:
Applicant:

Immaculate Conception Church

Premises:

College Avenue
Section 16, Block 15, Lots 3-4
Conversion to Residential

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

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.

I

Dated: ^yd'2

]

/K 0. U
Village Counsel

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                    <text>Approved with respect to substance and form:
Visage Attorney
Dated :|o-/8 ^#9

Approved by the Zoning Board of Appeals

&gt;ated:

\0-n-g\

Filed with Deputy Clerk
Clerk or Deputy Clerk
Dated:
/oftf/F^

VTOrl
Date of Meeti
etmg

�NORTH TARRYTOWN, N. Y.
September 20, 1989

PUBLIC HEARING

A Public Hearing was held before the Zoning Board of Appeals of
the Village of North Tarrytown on the above date.
Present: Steven Maceyak, Chairperson
John Cappello
Raymond Dool
Frank Poalantonio
James Karr
Also Present: John Hughes, Village Attorney
James Margotta, Building Inspector
Absent:

Jerome Fine

IN THE MATTER OF JAMES EVANGELOW, 77 NEW BROADWAY, NORTH TARRYTOWN
The clerk read aloud the Public Notice to hear and consider an
appeal from a decision of the Building Inspector in denying a
building permit to add a fourth family to an existing nonconforming three family building in an R4 District at 77 New
Broadway.
The said premises is known and designated on Village Tax Assessment Maps as Section 17, Block 18, Lot 24.
Mr. Evangelow handed the Clerk proofs of service of Notice of
Public Hearing.
Chairperson Maceyak read aloud a letter from North Tarrytown
resident Rosemarei A. McManus of 31 New Broadway, North Tarrytown
objecting to granting a variance to permit a fourth family to an
existing non-conforming three family building.
Mr. Evangelow stated that when he purchased the house it was a
legal three family house and that a fourth apartment was already
in existence with tenants and he was appearing before the Board
to "legalize" the existing fourth apartment.
Mr. Margotta stated that a building permit was granted in November, 1957 to convert the basement to a three room apartment,
which made it a non-conforming three family home. The owners apparently built the fourth apartment without obtaining permission,
or permits from the previous building inspector.
Mr. Jerry Green of 65 New Broadway read a petition with 81 names
on it asking the board to deny the variance. The petition was
presented to the clerk and to be made part of the minutes.

1

�4

A number of residents came before the Board and spoke out against
granting the variance to allow a fourth apartment as the existing
dwelling is already a nonconforming three family house, and that
Mr. Evangelow could not prove an ecomonic hardship to permit the
fourth apartment.
Mr. Poalantonio made a motion to close the public hearing,
seconded by Ray Dool.
The chairperson opened the discussion before the Board and Mr.
Cappello stated that he did not think there was economic hardship
proven by Mr. Evangelow.
Mr. Poalantonio made a motion to deny the variance for a fourth
apartment as there was no economic hardship proven and the
property in guestion is already a non-forming dwelling.
Motion
was seconded by Ray Dool and was passed unamiously.
iN THE MATTER OF THE
RYTOWN. N. Y.

JM

A PROPERTY, NORTH BROADWAY. NO. TAR-

A continuation of last month's public hearing was held.
Mr.
Maceyak stated that he felt there would not be any problems with
the Board granting the requested variances, however, they would
defer from any decisions at tonight's meeting, as the Village Attorney was meeting with their attorney to sort out any outstanding questions.
It was decided to table discussion until next month's meeting.
A motion to continue public hearing was made by John Cappello
seconded by Ray Dool, motion was passed unamiously.
A motion to pass the minutes of the August 16th with corrections
was made Mr. Karr, seconded by Mr. Paolaritonio.
Correction was made on Page 2, under L. Rodriquez, third
paragraph, #1. That all work on the second floor apartment be
removed which includes the kitchen,and all plumbing connections
be removed from second floor apartment to basement.
A motion to adjourn the meeting was made by Frank Paolantonio and
was passed unamiously.
Meeting adjourned at 9:30 PM,

fUTFrei

mi
t;

Respectfully submitted,

Francesca Lorenz
Village Administrator's Office

* •

OCT I 8 1989

iU

jj

DEPUTY CLERK

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We the undersigned, residents of the Village of North Tarrytown,
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residing in R-4 zoing area or "Webber Park" are opposed to any

•

variances to be granted to the owner of the rrsidence at 77 New
Broadway.
We the undersigned are in favor of maintaining present zoning
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*

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                    <text>Approved with respect to substance and form
V iimager At torn«y

l

/

Dated: j- iq- &lt;?o

Approved by the Zoning Board of Appeals

• d: )- 11- 9o

Filed with Deputy Clerk
Clerk or Deputy Clerk
Dated: /
i$lfo

10- I*' #&lt;?
Date of Meeting

�I

PUBLIC HEARING

I

NORTH TARRYTOWN, N.Y.
OCTOBER 18, 1989

A Public Hearing was held before the Zoning Board of Appeals of
the Village of North Tarrytown on the above date.
Present:

Steven Maceyak, Chairperson
John Cappello
Vincent Buonnano
Frank Paolantonio
Jerome Fine

Also present: John Hughes, Village Attorney
James Margotta, Building Inspector
IN THE MATTER OF THE EDWARDS RESIDENCE, 20-22 PINE STREET, NO,
TARRYTOWN, NEW YORK
The clerk read aloud the Public Notice to hear and consider an
appeal from a decision of the Building Inspector in denying a
certificate of occupancy on property known and designated on Village Tax Assessment Map as Section 17, Block 11, Lot 13, 13A.
The residence at 20-22 Pine Street is non-conforming.
Section
62-8B of the Zoning Code requires a twenty (20) foot setback from
the front property line and the present front property line was
reduced by the extension of the width of the porch.
Mr. Edwards provided the clerk with the appropriate proof of
notices.
Mr. Edwards personally notified all his neighbors
within the 200 ft. requirement and also requested they waive the
10 day notice.
Mr. Maceyak opened the Public Hearing by asking Mr. Edwards to
come forth and explain the reasons for building the new porch
wider.
Mr. Edwards stated that he needed to renovate the house and
noticed that the porch was pulling away from the house, and that
it would be wiser to tear down the old porch and put up a new
one, and in doing so, decided to make it wider so chairs could be
placed on the porch. He mentioned that he had nine children, and
they all would sit on the rails of the old porch, as it was too
narrow to put chairs on it. He now has grandchildren and wants
to prevent any accidents by providing chairs for them and
preventing them from sitting on the porch rails.
Mr. Maceyak closed the public portion of the hearing as there
were no objections and opened the discussion before the Board.
Mr. Cappello stated he had no objection granting the variance to
widen the porch.
A question was raised by the Village Attorney as to the legality

3

�of the 10 day notice requirement, and suggested that the Board
grant the variance on the application pursuant to Section 62-40
(a) (1) of the Code wherein the Building Inspector request
clarification as to whether the deck reconstruction was, in effect, the reconstruction of a non-conforming use, pursuant to
Section 62-24 of the Code.
A motion to declare the construction
the repair of a "nonconforming use" pursuant to Section 62-23 and to
permit the
reduction of the property line was made by John Cappello and
seconded by Vincent Buonnano. Motion passed unamiously.
IN THE MATTER OF THE AMENTA PROPERTY, BROADWAY. NORTH TARRYTOWN.
NEW YORK
This was a continuation of last month's public hearing on granting a number of variances to permit an additional office building
on existing lot. The variances are as follows:
1. Parcel A indicates that there are ttiree Compact car spaces.
Parcel B indicates that there are two Compact Car spaces.
These spaces are less than 180 square feet.
Section 62-14A (1) - Off street spaces shall have a minimum
area of one hundred eighty (180) square feet exclusive of
aisles or driveways.
2. Parcel B requires forty (40) parking spaces, including the
handicap parking. You have provided 39 spaces.
Section 62-14 E. Required parking spaces requires one space
for each 300 square feet. 12000 divided by 330=40.
3. Off-street Loading space is proposed to be located on Route
9.
Section 62-14B Location (1) requires off-street loading on the
same lot.
4. A use variance for an office building will be required.
Section 62-8B C-l Schedule of Regulations does not specify
office building use in either General Description or Permitted
uses.
The Board decided
followng.

to grant the variances on a contingent on the

1. That the developer and the Village enter into a written lease
agreement with respect to four (4) parking spaces to be
leased
to the Village on the premises. Said lease shall be
approved
by the Board of Trustees and shall be acceptable, both as to
form and substance, to the Village Attorney.
2. That better visability be provided for in the parking lot for
spaces #13 &amp; 14 north and spaces # 38 &amp; 39 south.
3. That there would be no left turn onto Route 9 when exiting the
parking lot.
4

�4. That off-street loading zone be approved by the Board of
Trustees.
Mr. Amenta also stated that the off-street loading zone is now
located on Chestnut street
A motion to approve the variances with the above contingencies
and recommendations was made by Frank Paolantonio and seconded by
John Cappello. Motion was passed unamiously.
The public portion of the meeting was closed:
OLD BUSINESS
MATTER OF SOLARI
Mr. Paolantonio discussed the Solari property and asked if the
requirements for the variance were ever complied with.
Mr.
Maceyak said that he understood that the third family moved. It
was also stated that the variance was up within one year of it
being granted, and if he did not start to build within that time,
that Mr. Solari would have to apply again.
MATTER OF BARREIROS
At that point, Mr. Jorge Barreiros, of 265 Washington Street came
in and reminded Mr. Maceyak that he was asked to appear before
the board to consider the question of the stairs in his house.
At the Zoning Board meeting of April 19, 1-989 he requested a
variance and was granted one with provisions that the stairway
leading to the second floor be kept intact. He would like to
build a second stairway in the back of the house to provide
egress and to take down the existing staircase. He was told he
may do so, but to leave the inside stairway, until the outside
staircase was completed. He could then remove it when all work
was completed and inspected.
MINUTES OF SEPTEMBER, 20, 1989
A motion to approve the minutes of September 20, 1989 with the
following changes was made by Vincent Buannano seconded by John
Cappello.
Page 2 third paragraph, third line.
"The applicant has been offered the opportunity to provide the
Board with economic data showing the profit and loss statement of
the building, but had declined to do so.
Mr. Paolantonio noted that the building was non-conforming already. It is Village policy not to extend non-conforming uses.
Mr. Cappello noted that the area was zoned 2 family, that most
home in the area were 2 family uses and that the legalization of
a 4 family use, which was a deviation, would be detrimental to
the area.
5

�•

Ms. Maceyak further noted that the applicant had not demonstrated
any unique or special circumstances which would warrant the
granting of a use variance".
Paragraph 4, first line
Delete "a fourth apartment as there was no economic hardship
proven and the property in question is already a non-conforming
dwelling" and add "all of the aforementioned reasons".
Being no other business, meeting adjourned at 9:00 PM
Respectfully submitted,
sOdL^t &amp;J^^C^L^

rx

/)L£c

Francesca Lorenz
Village Administrator's Office

•
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�RESOLVED:
1.

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

of North Tarrytown hereby designates itself

"Lead Agency" for

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

2.

Premises:

No. Broadway

Project:

Variances for Construction

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
•.•I

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 W\J&gt;"Y\

Village Counse

�RESOLVED:
1.

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

of North Tarrytown hereby designates itself

"Lead Agency" for

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

2.

Premises:

20

"22

Project:

Deck

pine

Street

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

\oVD-tfl

Village Counsel

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                    <text>VILLAGE OF NORTH TARRYTOWN
INTERNAL MEMORANDUM
To

Zoning' Board of

From
Subject

Appeals

James M a r g o t t a , B l d g . Insj&gt;.
.^..meeting

:

_

:

Date

Due t o '.the "'-£act t h a t t h e r e a r e no h e t i r i n g s s c h e d u l e d
November 1 5 j ^ l 9 8 9 ; ^ : t h e r e w i l l ' b e no m e e t i n g on t h a t
••i»HY;

^Arf^^jk^s'i&amp;^jAi,.^^^

for

date.

The n e x t m e e t i h g ^ w i l i b e h e l d on December 20, 1989.

*

11/7./89

~Q4AjC€£t~CJ)

�</text>
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