1 25 12 https://sleepyhollow.localarchives.org/files/original/3edd35732ec39f216416752491ac4c2e.pdf b9e9713decf4fc4a190aafbed3590da3 PDF Text Text Approved with respect to substance and form: ViiTSgeAttorn Dated: A/^/£- qo Approved by tjie zoning - Board of Appeals ra airman oi/Acting Chairman rated: ^^\<\-qo Filed with Deputy Clerk Clerk or.Deputy Clerk Dated: W/<r/?o Date of Meeting �•i PUBLIC HEARING January 17, 1990 North Tarrytown, N.Y. A regular Meeting of the Zoning Board of Appeals was held on Wednesday, January 17th, 1990 at Village Hall, North Tarrytown, New York. PRESENT: Frank Paolantonio Vincent Buonanno Buddy Karr Ray Dool John Cappello Also Present: Absent: James Margotta, Bldg. Inspector John Hughes, Village Attorney Stephen Maceyak Jerome Fine IN THE MATTER OF JOHN REOUEIJO, 56 DEPEYSTER ST. NORTH TARRYTOWN, NEW YORK. The Clerk read aloud the Public Notice to hear and consider an appeal a decision of the Building Inspector in denying a building permit to erect a two-car garage. Section 62-B Side yard requires five feet and the proposed side yard is three feet. Section 62-B requires a rear yard setback of twenty five (25) feet and the proposed rear yard setback is ten feet. Mr. Sam Vieira represented Mr. Requeijo. Mr. Vieira presented the clerk with the appropriate certified mail receipts. He stated that they are only requesting the variance for the rear yard setback, and withdrawing the request for a side yard variance. There were no public comments. A motion to close the public hearing was made by Mr. Buonanno and seconded by John Cappello. Mr. Buonanno asked about the drainage problems, and Mr. Vieira replied there were none. Mr. Dool commented that the garage would be a great improvement, and it will take number of cars off the street. The Board found that the strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of the land, to wit, the construction of a garage to cover automobiles. The Board further found that the Applicant had demonstrated practical difficulties in being unable to locate a garage on any other portion of the property which would meet code standards. 7 �A motion to grant the variance with regard to Section 62-B in allowing a 10 ft. setback rather than the 25 ft as required by Section 62-B was made by John Cappello, seconded by Vincent Buonanno. Motion carried unamiously. IN THE MATTER OF MASSARO & PALETTI, 190 VALLEY STREET, NORTH TARRYTOWN. N. Y. 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 seventh apartment to a six family building at 190 Valley Street. The building is a non-conforming apartment house and does hot conform to Schedule of Regulations, Section 62-8B with regard to minimum lot size, front yard and rear yard setbacks, as well as the size of the property and does not have the required parking which is required in a C-2 District. Mr. Massaro presented the clerk with the appropriate certified mail receipts. He stated that he & Ms. Paletti purchased the building 1988, and claims the additional 7th apartment will improve the building. He stated it could be constructed for a handicapped person as it is on ground level. There was a 7th apartment in the building when they bought it, but it was illegal. Question arose regarding the oil storage tank on the side of the building. Mr. Massaro commented that they will eventually convert to gas and the elimination of the tank would provide three extra parking spaces for the tenants of the building. At this point both Mayor Gandolfo and Building Inspector commented on the issue of an apartment for a handicapped person and that it would be an enhancement for the Village. Both agreed there has been a difference in living conditions since the present owners took over the building. At this point Mr, Paolontonio read for the record, a letter by Mrs. Mary Cannillo expressing her opposition to the proposed addition of an seventh apartment, (copy enclosed). A number of Board members felt, while a handicapped person would benefit from such an apartment, the owners, being absentee landlords, would not keep the building in good condition. There are problems there now with garbage and parking. Mr. Hughes asked that the landlords provide statements concerning economic hardship to prove that the addition of a 7th apartment was necessary. At that point, Mr. Massaro asked for an adjournment until the next meeting. 8 �Mr. Buonanno moved to close the public hearing seconded by John Cappello. Motion carried unamiously. Mr. Buonanno moved to table the discussion until the next meeting on February 21. seconded by Frank Paolontonio. Motion carried unamiously. IN THE MATTER OF EARL JOYNER. 21 Clinton St., North Tarrytown, N. Y. 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 convert the single family residence at 21 Clinton Street, known and designated on Village Tax Assessment Map as Section 16,Block 8, Lot 26, to a two family residence. Schedule 62-8B of the Zoning Code requires a twenty (20) ft. front yard, while the proposed front yard requires 6.5 ft. Section 62-8B requires one side yard to be five (5) ft. both sides fifteen (15) ft., while the proposed on side is 1.3 ft. Section 62-12B, non-conforming lots requires that 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 comply with the normal requirements for the district within which the lot is located. The clerk received the appropriate certified mail receipts. The Joyners were represented by Architect Robert Stanziale, George Turpee, Attorney, and Kathy Jones who represented the contractor. Architect Stanziale presented the Board with sketches representing the renovation of the one family house into a two family unit. He noted that the cost of the renovations would be about $80,000. Kathy Jones indicated the structural work to be completed, and Attorney Turpee explained that once the project was completed the Joyners would refinance the two family unit to build a three unit project on the approved sub-division. A number of residents addressed the Board and stated they were in favor of the renovation of the Joyner's house and it would be an improvement to the area. A motion to close the public hearing was made by John Cappello and seconded by Vincent Buonanno. Motion passed unamiously. Vincent Buonanno moved the variance be granted of Schedule 62-8B which requires a twenty ft. frontyard to the proposed front yard requiring 6.5ft and to grant a variance of Section 62-8B which requires on side yard to be five ft., both sides fifteen while the proposed one side is 1.3ft. on the basis of economic hardship and was seconded by Ray Dool. Motion was passed unamiously. 9 �IN THE MATTER OF VINCENT BUONANNO. 13 2 Van Tassel Ave. , North Tarrvtown. N. Y. 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 enlarge the second floor master bedroom on premises known and designated on Village Tax Assessment Map as Section 17, Block 23, Lots 17,18,19. The addition would encroach upon the front yard. Section 62-8B of the Zoning Code requires a 20'-0 front yard, while the proposed addition requires a 12.40 ft. front yard. Mr. Buonanno appeared before the Board and explained that he needed the extra space due to the fact that his household has enlarged. It was also discussed that the addition would be added to the second floor and the only overhang would encroach. A motion to close the public hearing was made by John Cappello, seconded by Ray Dool. Motion carried. A motion to grant the variance of Section 62-8B of the Zoning Code which requires a 20'-o front yard to a 12.40 ft front yard was made by John Cappello, seconded by Ray Dool. Motion carried. As there were no Zoning Board meetings for November and December 1989, there were no minutes to approve. Being no further business, meeting adjourned at 9:35 PM. Respectfully submitted ,/) ~<l /juu&^,c— Francesca Lorenz Acting Recording Secretary FEB |6 fl encl. 10 -,:£w.-^rLtAi-_-^«rj;w-ri*2^-s«£*£V.Rf! y,MariJi-K&~&i&6SiS^S^., v ^^^^'^n^^^^j^^^^^aE^l^aKt^^^^ ^4a.i-S&-afa!,'5_«=hii-:itsi!-i.u j|3£f_-s» - A i < % ! S s * a « S i i X 3 S i a �(^ 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: 2. Applicant: Requeijo Premises: 56 Depeyster Street Project: Garage 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:: 0^*wy (fo^M/ V3>"; / *M * Village Counsel �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: 2. Applicant: Joyner Premises: 21 Clinton Street 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 for the Environmental Impact Statements. 5. This resolution is a Negative Declaration purposes of Article 8 of the Environmental Conservation Law, Local Law Environmental Quality Review Act for the Village of North Tarry town, and will be kept on file at the Village Hall and be available for public examination. Dated: /~~>3 - fb Village Counsel •-.^.^Vt^Virf**iM!si«aj«J07i**a;£«to>&il:^>^3|^^ �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: 2. Applicant: Buonanno Premises: 132 Van Tassel Avenue Project: Enlarge residential building 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: J-*V?>w?'t> � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1990 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1990-01-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-1990 Date A point or period of time associated with an event in the lifecycle of the resource 1990 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/ba08b284e603e789b9d8da44e60b3fed.pdf d85dfbb1595766a9e1972964dcb7962d PDF Text Text m Approved with respect to substance and form: lXlage Attorneyy Vi: Dated: V - /]?' f£> y Approved by the Zoning Board of Appeals '//la+J' tfkc4z**&*X6 yJlf/96 Chairman or Acting Chairman Dated: Filed with Deputy Clerk Clerk or Deputy Clerk Dated: ^Ufa* MmTW*- J*Ff?> fJ^^^-hl^0 .. - --- -. \-< r j s-^s-i:^~i£ & . - ; «*.-: - -.:. ^C*A*L2 ,«^-v^»a*^i^^^ii«fi4^^^---u,-.te^-^i^^s^ii'=.«^»s«i^jsfeaa4^aiy �PUBLIC HEARING February 21, 1990 A regular meeting of the Zoning Board was held on February 21, 1990 at 8:00PM in Village Hall, North Tarrytown, New York. Present: Also present: Absent: Jerome Fine John Cappello Ray Dool Frank Paolantonio, Acting Chairman John Hughes, Village Attorney Jim Margbtta, Bldg. Inspector James Karr Steven Maceyak Vincent Buannano IN THE MATTER OF MAMIE BOYD. 58 HUDSON STREET, NORTH TARRYTOWN. N. Y. The clerk received the appropriate proof of notices. 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 for an addition to the property located at 58 Hudson St., known and designated on Village Tax Assessment Map as Section 16, Block 3, Lots 1A & IB. Section 62-10 B (1) Use. Prohibited uses in industrial districts. Within an industrial district, no building shall be constructed, converted or altered for the following types of uses: Any residential use, including hotels, motels and rooming houses. PUBLIC HEARING Julius Twine, Architect, presented plans of the proposed addition to the property. Previously, there was a two car garage on the first floor level that burned down last year. Under the plans submitted to the board, the first floor level will now be a bedroom and bath. Secondly, the plans provide for an exit to the outside on the first floor level. Mr. Steven Serina, a resident whose property abutts Mrs. Boyd, is in favor of the addition citing it would improve the area. He also knows the applicant who is in bad health, and cannot maneuver on stairs. Comments were made regarding Hudson Street being zoned for industrial use, and when private homeowners in the area want to make improvements on their properties, they must go before the Zoning Board. Chairman Paolantonio noted that the Board was 11 �aware of the hardship in that area and it would be up to the Board of Trustees to change zoning requirements for that area of the village. Ms. Boyd's foster daughter, Linda, addressed the board and asked that the variance be granted on behalf of the physical hardships and ill health of her foster mother. A motion to close the public hearing was made by John Cappello and seconded by Ray Dool. Motion carried. BUSINESS MEETING: Chairman Paolantonio felt the Board should grant the variance because of health hardship suffered by the applicant. John Cappello made a motion to grant the variance pursuant to Section 62-02 of the Zoning Code and on the grounds that the applicant had demonstrated "hardship" by virtue of a significant investment in the property. The applicant had also clearly demonstrated the unusual or unique nature of the circumstances surrounding her property. The property is in a residential area, although it is zoned industrial. Finally, the addition as proposed is in conformity with prevailing residential uses in the neighborhood. Motion was seconded by Ray Dool. Motion carried unanimously. 12 �IN THE MATTER OF PATRICIA DAMIN, 1_4 DELL STREET, NORTH TARRYTOWN, NEW YORK The clerk read aloud the public notice to hear and consider an appeal of a decision of the Building Inspector in revoking a building permit for an addition to the residence at 14 Dell Street, North Tarrytown, New York. The property is known on the Village Tax Assessment Map as Section 17, Block 1, Lot 11. The property is located in the R-4 District. Section 62-8B, Schedule of Regulations of the Zoning requires the following: (1) lot size of 4,000 sq. ft. while the actual size of the lot is 2,750 sq. ft.; (2) the lot coverage requirement is 35%, while the coverage, with the proposed addition, is 30%; (3) the front yard requirement is 20'-0, while the front yard is 11.99 feet (the existing house is situated 11.99 feet from the front property line); (4) the side yard: one side requirement is 3 feet, both sides 12 feet, while the proposed side yard on one side .16 and on the other side is 8 feet 11 inches; (5) the rear yard requirement is 25'-0 while the proposed rear yard is 3'-l". PUBLIC HEARING The clerk received the appropriate proofs of service of notices from Mr. Crompton Spain, Esq. attorney for Ms. Damin. The Board noted, initially, that this matter had come before the Board on October 18, 1989. In that meeting, Mrs. Damin had applied for and been granted a rear yard variance only. A copy of the minutes of the October 16, 1989 meeting, where the application for a rear yard variance was granted, is attached hereto. After the October 16, 1989 meeting, Ms. Damin and the Building Inspector, Mr. James Margotta, had several discussions. They decided that it may be preferable to build the addition on the side of the existing residence. The architect for Ms. Damin, who is Studio Rai, P.C. of Ossining, New York, prepared building plans for the addition on the side. Mr. Margotta approved these plans and issued a building permit forthwith. At the time of the issuance of this building permit, neither Mr. Margotta nor Mrs. Damin realized that several area variances were required, due to the placement of the addition as well as to the nonconforming and irregular shape of the lot. �With the building permit, Ms. Damin engaged a contractor and proceeded with construction. As of this date, the work is over 25% complete. A foundation has been constructed and the addition has been framed out. In January, 1990, Mr. Margotta realized that he had erred in issuing a building permit for this addition. Mr. Margotta ordered all construction work in progress stopped, revoked the Building Permit and instructed Ms. Damin to appear before the Zoning Board of Appeals. Mr. Spain, attorney for the applicant, urged the Board to grant these variances, as they are area variances only. In addition, he argued that his client has undergone a financial hardship by virtue of having the construction stopped in progress. The purpose of the addition remains the same: to provide a bedroom and bath for Ms. Damin*s invalid mother. Mr. Spain urged the Board to grant the variances stating that the proposed addition is in keeping with the character of the neighborhood. Mr. William Patten, of 12 Dell Street, North Tarrytown, New York, who is the next door neighbor of Ms. Damin, addressed the Board. He spoke about a problem that he had with the Building Inspector several years ago when he wanted to build a fence on his property. Mr. Patten also questioned why the addition was so close to his property and whether the Damins could build a second story to the addition, thereby blocking light and air from his house. Ms. Maureen Patten, also of 12 Dell Street, who lives next to the Damin property, questioned whether Ms. Damin's mother was indeed ill, since she seemed to run a baby sitting service in her home. Mr. Thomas Papp, who is the contractor, spoke in favor of Ms. Damin*s application. There being no further public comment on the application, Mr. John Cappello moved to close the public hearing, this motion was seconded by Mr. Ray Dool and was carried by a unanimous vote. BUSINESS MEETING The Board first noted the difficulty of rendering a decision on a matter where the construction was already in progress, where a denial of the variance would inflict severe financial hardship on the applicant, and where the purpose of the construction was to provide housing for Ms. Damin's invalid mother. This decision was made more difficult because of the nonconforming and irregular nature of the lot and the nonconforming position and extremely small size of the house. The Board also noted its sensitivity to the concerns of Mr. William Patten and his daughter, Maureen Patten. Although �their testimony at the hearing was extremely confusing, their concerns seemed legitimate. The Board agreed that this matter was to be decided as if it came before the Board (3e novo. The Board would be guided by the criteria set forth in the Zoning Code. The Village Attorney reminded the Board that the application requested "area" variances and that the proper standards to consider were whether the applicant had demonstrated practical difficulties in terms of compliance with the Zoning Code; whether the variance, if granted, will be the minimum variance required and whether the variance was in keeping with the neighborhood and conformed to the intent and purpose of the Zoning Ordinance. The Board then addressed each variance separately: 1. 2. 3. 4. Lot size - 4,000 square feet was required, 2,750 square feet were provided. The Board agreed that this was a nonconforming lot, not dissimilar to many other residential lots in the area. The applicant could do nothing to alleviate this situation as improved residential properties, owned by other individuals, were situated on both sides of her property. Front yard - the existing house is situated 11.99 from the property line. The proposed addition would not affect this yard. Rear Yard - the existing house was already situated 15 feet from the rear yard of the property. There is no possibility that the 25 feet requirement could be met by the applicant. Side Yard - whereas the Zoning Code requires a minimum of 3 feet on one side with a minimum total on both sides of 12 feet, this property is situated in such a way so that on one side, the existing building is only .16 feet from the side yard. If the proposed addition is approved, it will be set back 8 feet 11 inches on the other side. The Board noted that the principal complaint of Mr. William Patten was that the addition, if allowed to be constructed, would be too close to his sideyard. The Board further noted the following: - If the addition is allowed, it will be situated 8 feet 11 inches from the sideyard. - The Zoning Code requires a minimum of 3 feet on one side. - It appears that Mr. Patten's residence is situated a distance of less than 3 feet from Ms. Damin's property. �In conclusion, the Board noted that the front yard variance was due solely to the placement of the existing house. As to the sideyard, the existing house was situated .16 feet from one sideyard. With the new addition, the other sideyard would be 8 feet 11 inches. The Board found that 8 feet 11 inches was an acceptable distance where the Zoning Code permitted 3 feet. As to the rear yard, the existing house was nonconforming in that it was only 15 feet from the rear yard. The addition would exacerbate this nonconformity as it would be located only 3.1 feet from the rear property line. The Board noted that Ms. Damin had previously received a rear yard variance, and that the size and shape of the lot were such that no addition could be built on the property without further violating the rear yard setback requirement. The Board concluded that M s . Damin had demonstrated practical difficulties and that the variances were the minimum required on the following grounds: (1) The small size and irregular shape of the lot in question; (2) The non-conforming nature of the lot; (3) The very small size of the existing house; (4) The nonconforming location of the house on the property; (5) The need of the Damin's for expanded space for Ms. Damin 1 s mother's medical problems. The Board notes the existence of a note from a physician; (6) The fact that the construction was already in progress; (7) The fact that the addition could not be feasibly located on any other area of the property. Mr. Jerome Fine moved to grant all variances requested by the application on one condition: that the addition be limited to one story only. The reason for this condition is that Mr. Patten, the neighboring resident, expressed a concern that if the addition were two stories, light and air to their home would be reduced. Mr. Fine noted that if the applicant wished to add a second story to this addition, they must apply to the Board for a further variance. Mr. John Cappello seconded the motion and it was passed unanimously. There being no further business, the meeting was adjourned at 9:15 p.m. Francesca L®renz // Recording Secretary ^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1990 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1990-02-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-1990 Date A point or period of time associated with an event in the lifecycle of the resource 1990 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/8faa872774bdf513849c6c7ea3912c91.pdf 127211c348e77a748dd69cf9522adbcc PDF Text Text 4 Approved with respect to substance and form: m MU.M ^t Dated: */-/#'?& Approved by the Zoning Board of Appeals Chairman or Acting Chairman Dated: Filed with Deputy Clerk is?k—©r<7Deputy Clerk oryDeputy Clerk Dated: #/ f <f|,c yt&Jr M/*tt^: 3-3*-Iff �ZONING BOA?.D OF APPEALS April 1989 March 1990 Application Approved Date of Meeting April 19, 1989 (1) Barreiros 265 Washington Street Section 15, Block 12, Lot 17 Porch and stairs. May 17, 1989 (1) Taveras 22 Laurence Avenue Dwelling unit - additional. (2) Solari 4 7 New Broadway Building lot. (1) Shibetti 20 Dell Street 3 family use - Denied. (2) Jeffers 410 N. Broadway Gas Station/Restaurant July 19, 1989 (1) Benowitz 74 Beekman Avenue 5 family structure. August 16, 1989 (1) Rodriguez 5 6 Clinton Street One family residence. (2) Immaculate Conception Church College Avenue Section 16, Block 15, Lots 3-4. Conversion to Residential. September 20, 1989 (1) Evarigelow - denial 77 New Broadway Section 17, Block 18, Lot 24 October 18, 1989 (1) Edwards 20-22 Pine Street Deck. (2) Amenta No. Broadway Variances for Construction. June 21, 1989 November, 1989 No hearing. December, 1989 No hearing, �January 17, 1990 (1) Requeijo 56 Depeyster Street Garage. (2) Joyner 21 Clinton Street Building lot. (3) Buonanno 132 Van Tassell Avenue Enlarge residential building. (1) Boyd Hudson Street Garage. (2) Damin 14 Dell Street Addition. (1) Band 19 Pine Street Addition. (2) Occhipinti 65 Chestnut Street Two family residence. (3) Tornello 265 No. Broadway Gas Station canopy (4) Massaro/Paletti 190 Valley Street Multi family structure. • February 21, 1990 March 21, 1990 • �PUBLIC HEARING March 21, 1990 A regular meeting of the Zoning Board was held on March 21, 1990 at 8:00 PM in village Hall, North Tarrytown, New York. Present: Jerome Fine John Cappello Ray Dool Frank Pablantonio Vincent Buannano, Acting Chairman James Karr Also present: John Hughes, Village Attorney James Margotta, Bldg. Inspector Francesca Lorenz, Recording Secretary Absent: Steven Maceyak IN THE MATTER OF ELLIOT BAND, 19 Pine Street. North Tarrytown, New York The Recording Secretary received the appropriate proof of service of notices. The Recording Secretary read aloud the Public Notice to consider an appeal from a decision of the Building Inspector in denying a building permit for a rear addition to the property known and designated on Villge Tax Assessment Maps as Section 17, Block 10, Lot 3. Schedule of Regulations, Section 62-8B, R-4 District, requires a 20'-0 front yard set back, while the existing improvement is set back 5.6 feet from the front property boundary. PUBLIC HEARING: Mrs. Band appeared before the Board and explained the reasons for the planned new addition. She is currently expecting another baby, and will need extra room. Otherwise, she feels she will have to look for a larger house, and may have to move from the Village. Mr. Knapp, Mr. Ronald Green and Mr. Tish, all neighbors of the Band Family, have no objections to the new addition. John Cappello moved to close the Public Hearing. seconded the motion. Motion passed uriamiously. Ray Dool BUSINESS MEETING: The Board agreed that the applicant has demonstrated practical difficulties by virtue of the existing nonconforming house and its location, and Mr. Karr made a motion to approve the variance to allow the 5'6" front set back. John Cappello seconded the motion. Motion passed unamiously. 15 �1k IN THE MATTER OF FRANK OCCHIPINTI. 18 Gesner Place. North Tarrytown, N. Y. The Recording Secretary received appropriate proof of service of public notices. The Recording Secretary read aloud the Public Notice to hear and consider an appeal from a decision of the Building Inspector in denying a building permit to convert a single family residence at 65 Chestnut Street to a two family residence. The property is known and designated on Village Tax Assessment Map as Section 16, Block 6, Lot 24. The property is located in a C-2 General Commercial District. The Schedule of Regulations requires the following for a one or two family residence located within the C-2 District: The required front yard is 2 0 feet: in this case, the actual front yard is fifteen (15) feet, 8 inches. The required side yards are 5 feet on one side, 15 feet total for both sides; in this case, the actual side yard is 1 foot, 3 0 feet for both sides. PUBLIC HEARING Mr. Occhipinti approached the Board and stated that he purchased the property at 65 Chestnut. It is an illegal 2 family house. He now requests a variance for a legal 2 family residence. Mrs. Julia Vydarney, of 250 North Washington Street, who owns property on Valley Street stated she had no objections to legalize the residence. Frank Paolantonio asked Mr. Occhipinti what his plans were for the property. Mr. Occhipinti stated he wanted to improve the apartments and do the general repairs required. John Cappello moved to close the Public Hearing and Ray Dool seconded the motion. Motion passed unamiously. BUSINESS MEETING Mr. Jerome Fine stated he would support the applicant's intention to upgrade the property. Mr. Fine moved to approve the variance and to waive the current front and side yard requirements. The applicant had demonstrated practical difficulties in terms of the nonconforming size of the lot and the location of the improvement. There was sufficient parking on the property. The improvements proposed by the Applicant would enhance the character of the neighborhood. Frank Paolantonio seconded the motion. Motion was passed unamiously. 16 �IN THE MATTER OF JOHN TORNELLO, 265 North Broadway, North Tarrytown. New York The Recording Secretary received the appropriate proof of service of public notices. The Recording Secretary read aloud the public notice to hear and consider an appeal from a decision of the Building Inspector in denying a building permit to install a canopy and a fire suppression system at 2 65 North Broadway. The property is known and designated on Village Tax Assessment Map as Section 17, Block 3, Lot 4D. Section 62-29A -4 requires a site plan review on any site of 10,000 sq. ft. or more. Section 62-19A - Gasoline Service Station, requires that no portion of the property used for gasoline service station shall be within 300 ft. in a straight line from any lot or parcel that is used for public or private school, church, etc. The service station is located within 300 ft. of a church and school PUBLIC HEARING Mr. Tornello stated he is up grading the gasoline pumps at Tornello Gas Station to meet Federal requirements. He is upgrading the entire system and feels that the variance should be granted as soon as possible. Frank Paolantonio moved to close the Public Hearing. seconded the motion. Motion passed unamiously. Ray Dool BUSINESS MEETING Mr. Frank Paolantonio feels that there should be no problem in granting this variance. The applicant has been running a service station at this location for many years. Mr. Buannano feels that the variance should be granted based on the fact that it would meet the Federal regulations and it would be an enhancement to the property. The proposed canopy would also be safer from a firematic sense. Mr. Paolantonio moved to approve the variance and to waive the 300' requirement. Mr. Karr seconded the motion. Motion passed unamiously. IN THE MATTER OF MASSARO AND PALETTI. 190 Valley Street, North Tarrytown. New York This is a continuation of a public hearing from the January 17th, 1990 Zoning Board Meeting. 17 �*Ms. Paletti submitted the requested financial statements that * were requested by the Board for their review. The financial statements clearly show that the property is currently operating at a loss to its owners and that an economic harship is present. Mr. Stanley Scher, Program Director, Westchester County Handicapped Services, appeared before the Board and stressed the importance of the proposed handicapped apartment at 190 Valley Street. A long discussion followed regarding the history of the purchase of the building and the owners problems getting required variances. Also, parking for the residents of the building around the building was discussed. The Board discussed the need for housing for the handicapped. It also noted the absence of the necessary on-site parking. The Board also noted the noncoforming nature of the property. The Board concluded that housing for handicapped persons was absolutely necessary, that the proposal would not unduly burden the neighborhood, and that the benefits to be obtained by granting the variance greatly outweighed the cost. Mr. James Karr made a motion to grant the variances with the following conditions. 1) that the apartment would be used for a handicapped person only, 2) that a handicapped parking spot be established before the granting of the Certificate of Occupancy, 3) that a secondary ingress and egress be made in the apartment, 4) that the construction of the apartment meet all Building Code requirements. Motion was seconded by John Cappello. Motion passed unamiously. There being no further business, meeting adjourned at 9:35. Respectfully submitted, Francesca Lorenz Recording Secretary 18 �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: 2. Applicant: Band Premises: 19 Pine Street Project: Addition The Board has examined a Short Environmental Assessment Form prepared by the applicant. 3. The action as above described is an unlisted action pursuant to Article 8 of the Environmental Conservation Law and Part 617 of the Rules and Regulations promulgated thereunder, and will, in and of itself, not have a significant effect on the environment, so that no Environmental Impact Statement is required or need be filled therefor. 4. Nothing herein contained, however, shall be deemed to indicate or suggest that subsequent submissions for development of the property will not require the preparation and filing of for the Environmental Impact Statements. 5. This resolution is a Negative Declaration purposes of Article 8 of the Environmental Conservation Law, Local Law Environmental Quality Review Act for the Village of North Tarrytown, and will be kept on file at the Village Hall and be available for public examination. Dated: X^y^^^D �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: 2. Applicant: Occhipinti Premises: 65 Chestnut Street Project: Two 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. �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: Tornello Premises: 265 No. Broadway Project: 2. Gas Station canopy 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. f 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: ~k^\,\ ^° �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: 2. Applicant: Massaro/Paletti Premises: 190 Valley Street Project: Multi 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 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: ^ ->*7 " 1 ° Village Counsel �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: Boyd 2. Premises: Hudson Street Project: Garage 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: �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: Damin 2. Premises: 14 Dell Street Project: Addition The Board has examined a Short Environmental Assessment Form prepared by the applicant. 3. The action as above described is an unlisted action pursuant to Article 8 of the Environmental Conservation Law and Part 617 of the Rules and Regulations promulgated thereunder, and will, in and of itself, not have a significant effect on the environment, so that no Environmental Impact Statement is required or need be filled therefor. 4. Nothing herein contained, however, shall be deemed to indicate or suggest that subsequent submissions for development of the property will not require the preparation and filing of for the Environmental Impact Statements. 5. This resolution is a Negative Declaration purposes of Article 8 of the Environmental Conservation Law, Local Law Environmental Quality Review Act for the Village of North Tarrytown, and will be kept on file at the Village Hall and be available for public examination. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1990 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1990-03-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-1990 Date A point or period of time associated with an event in the lifecycle of the resource 1990 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/8bfbe620b12c81601f417fa07d6757ec.pdf 67376ed02f997dc83cb7392dc5542453 PDF Text Text • Approved with^respect t o substance and form: V i l l a g e Attornej Dated f ^ a y / £ , / ? ? < ? Approved by the/Zoning Board of Appeals /Jti*Cl, IMP urman or a c t i n g Chairman >ated:A^/6 ; /7?z> Filed with Deputy Clerk lerk O P Deputy Clerk Clerk Dated : o -y^y? /*|ee^y DATC A»c;l ifflif * i,'-z.iL~-Mr*-+ - o i s i - p ^ ^ . ^J^^ik^^jfe^^?^^ jrfj o �PUBLIC HEARING NORTH TARRYTOWN, N.Y. April 18th, 1990 A Public Hearing was held before the Zoning Board of Appeals of the Village of North Tarrytown on the above date. PRESENT: Jerome,Fine Raymond Dool Frank Paolantonio Vincent Buonanno John Cappello James Karr ALSO PRESENT: ABSENT: Arthur.Brady, Esq. Kostas Bounds The meeting was called to order at 8 P.M. After a discussion Mr. Cappello moved seconded by Mr. Dool that Mr. Fine be appointed Chairman. Carried. 1. MATTER OF STEPHEN MACEYAK, 24 Anderson Avenue -convert a single family dwelling to a two family dwelling. The Clerk read the Public Notice to hear and consider an appeal of Stephen Maceyak, 24 Anderson Avenue, North Tarrytown, N.Y. from a decision of the Building Inspector in denying a building permit to convert a single family residence at 24 Anderson Avenue to a two family residence. The property is.known and designated on Village Tax Assessment Map as Section 17, Block 16, Lots 1 and 2. The property is located in an R4 District which requires a conforming lot size of 4 000 sq. ft. while the present lot size is 3790 sq. ft. Sec. 62-12 - Area. B. Nonconforming lots, states that in any R-District, only a single -family detached dwelling may be erected on a nonconforming lot, provided that the front, side and rear yards of any such lot shall comply with the normal requirements for the district within which the lot is located. Mr. Hughes excused himself stating that he was a friend of Mr. Maceyak's and had also represented him in other matters. He stated that Mr. Arthur Brady will servecin his place. Mr. Maceyak stated that he was applying for a variance to permit him to convert from a one-family to a two-family and the lot was only 210 sq. ft. shy af the amount needed. He stated that due to the high taxes he needed the money that the studio apartment would generate. Mr. Fine asked if there was anyone present who would like to address the Board. �Mr. Aldo Ceconi, New Broadway, stated he was a member of the Zoning Board when the variance was granted to Mr. Maceyak to construct the new house, and it was his recollection that the old house was to be converted to a two-family but the new house was to be a one-family. In reviewing the minutes of that meeting it was agreed by Mr. Maceyak that the hous e would remain one-family and therefore the variance was granted to build the new house on a nonconforming lot. Mrs. Maceyak stated that due to the General Motors Corp. tax agreement and the reassessment, many home owners have found themselves unable to cope with the high taxes. She also stated that !-. the apartment would have parking space on the parcel. Mrs. Victoria Simnowski, 14 Anderson Avenue stated that Anderson Avenue is so crowed now with cars that it impossible to park. Mr. Maceyak converted the old house into two-families and the tenant has two cars which they park on the street. Mrs. Geralding, Krall, 17 Anderson Avenue stated there is one-side parking on Anderson Avenue and with additional tenants it would mean additional cars. They have a serious problem on Anderson Avenue now. She also stated that Mr. Maceyak's tenant is always parked in front of her house. Mr. Maceyak stated that the people on Anderson Avenue have driveways and garages but|they never use them. There being no further comments Mr. Dool moved, seconded by Mr. Cappello that t he hearing be closed. Carried. BUSINESS SESSION Mr. Fine opened the meeting for discussion by the members. Mr. Paolantonio stated when Mr. Maceyak had asked for the original variance he agreed to the terms and he feels that the Board should stick with the original motion and that the new house remain a one-family residence. Mr. Cappello stated that the original plans for the new house were for a two-family residence but the variance was denied, as the house was too big for the lot and a variance was issued for a one-family residence on a non-conforming lot. Mr. Buonanno stated that he would like to review the matter and the minutes of the meeting granting Mr. Maceyak the original variance. Mr. Fine in reviewing the matter stated it was his impression that Mr. Maceyak was allowed to construct a house on the lot that didimot conform, arid the house was non-conforming but was allowed provided it would remain a onw family residence and now he wants to convert to a two family residence. �s -3Mr. Buonanno moved, seconded by Mr. Karr to table the matter until the next meeting in order for the Board to review the matter. Mr. Fine polled the Board as follows: Mr. Mr. Mr. Mr. Mr. Mr. 2. Dool Yes Paolaritonio Abstain Buonanno Yes Karr Yes Cappello Yes Fine declared the motion to Table carried, MATTER OF EST. OF WALTER LUBERGER, 143 Valley Street - Renovate Store type building for restaurant and take-out service. The Clerk read the Public Notice to hear and consider an appeal of the Estate of Walter Luberger, 139 Millard Avenue, North Tarrytown, N.Y. from a decision of the Building Inspector in denying a building permit to renovate the store-type building at 14 3 Valley Street, North Tarrytown for a restaurance or take-out service. The property is known and designated on Village Tax Assessment Map as Section 16, Block 10, Lot 5. Section 62.7C of the Zoning Code requires no more than one principal residential building and its accessory buildings on any one lot. Sec. 62-27A states that a non-conforming use that has been discontinued for a period of one year be considered to have been abandoned and shall not, thereafter, be re-established; any future use shall be in conformity with the provisions of this ordinance Section 62-14A-1 requires a parking space of 180 sq. ft, The proposed plans do not provide for customer parking.' Sec. 62 14A (2) requires off-street parking, while the proposed plans do not provide for same. The proposed plans for no indicate the use as a restaurant or take-out service. The proposed plans do not meeting the requirements as indicated in the Schedule of Regulations 62-8B for a C-2 and R5 District for commercial or three-family residence unit. Mr. Fine asked if there was anyone present who would like to address the Board. Mr. Donal Walsh representing the Luberger Estate presented affidavits of service^toUthe1Clerk as required by the Ordinance. He introduced Mr. Joseph DeMilia and Carmen Capossela representatives of the Luberger Family and Mr. David Freyler who represents the Franchise Owner. -.- -*<•-*• ^ i - 5 . -r •*j£»w«aP �Mr. Jini Berger who represents Domino ' s •'Pizza stated that it would not be a sit-down restaurant and there would be only one parking space in;front of the building because of;the slope. Parking for employees would be in the rear of the building. They\ would only make pizza and "deliver them and provide take-out service. v..' Mr. Walsh stated'triat the-biiilding was built^ sometime in the I960' s, that use wasriot discontinued but the.,; Lube rgers s had been unable to find a suitable tenant after the Stiloski's had moved. He stated that no construction except interior construction would be needed. Mr. Lee Thompson; 151 Valley Street stated that he lives next door and he felt that this type of business would generate traffic ;*and felt it would become a nuisance because of the hours they would be open, and the delivery of supplies to the building. Mr. Berger stated that the.business would"be open from 4 P.M. to 12 mid-night and would have approximately 5-10 employees depending on the amount of business that would be generated. Mr.. Charles Ortiz, 9:Anderson Avenue questioned the hours and what would happen if they receive orders late at night and they would be driving through the village hurrying to deliver before the pizza got cold. . There being'no further business to come before the hearing Mr. Dool moved, seconded by Mr. Cappello "that the same be closed. , •": BUSINESS? SESSION ; ' ., ,'/"':':/'- .•:_..-;."' ; > ; • Mr. Fine opened the;meeting for discussion by the members. Mr. Doo1 stated that)when'General,Motors'workers'come out for their dinner.- the pizzas;would mot; be able to be delivered because of the traffic. He also felt that"traffic would be double parked on Valley Street in front of the building"while people ran in to pick up pizzas 1 .-•"^,} , Mrl Fine stated he felt that most,of the discussion regarding the noise and traffic should be discussed with the Planning Board. V '-/ -'"-; \.....'-.-"'Mr^Buonarmo felt "he 3 would like more time to review the matter as he feels "that Athe*parkingfis * a - major issue and the type of ehterpise considered needs reviewing. Mr. Fine felt that a more formalized plan showing screening, parking, ehvirbrimeTital/review, hours to be open, deliveries, should be presented by the next meeting. .jJ^itiMmM^ ir^v^£:A.^,-#^f/^^^ �s, . . 3. -5- . ..-.-:-/- MATTER OF MR. & MRS. VASILE SBENGHECI, 279 'North Washington Street,:: TOM add a two story addition to the main building and erect a two car detached garage• . • ••-" . • • ."-- -. .- ' The Clerk read the Public Notice to hear'and ^consider an appeal of Mr. & Mrs. VasileTSbengheci^ 279 North^Washington "Street, North Tarrytowh, N.Y. from a decision'of, the Building-Inspector in denying a building permit to add a; two story addition to the main building and erect a two-car detached garage at 279 North Washington Street, North Tarrytown, N.Y. The property is;known and designated on Village Tax Assessment Map as Section 15, Block 12, Lot 21. Sec. 62-8B, Schedule of Regulations 'requires a dwelling front yard setback of 20' - 0, while the proposed plans indicate 13-0. The garage rear yard setback requires 25'j-O, while the proposed garage rear yard setback is lO'-O. Mr. Fine asked if there was anyone present who would like to address the Board. Mr. Sbengheci in formed '• the Board that he had purchased the property several months ago'and wanted to make it a two-family house. After a. discussion Mr. Buonanno moved, seconded*byt Karr that a variance be granted allowing Mr. Sbengheci to convert from a one-family dwelling to a two-family dwelling. CARRIED. Af ter'"- a .discussion regarding the erection of; a twocar garage that the matter be referred to the Tree Committee and discussed at the next meeting. CARRIED. Mr. Paolantonio moved;>fseconded t>y Mr. Cappello that., the minutes of the February 21st, 1990 minutes be approved. Carried. ; Mr. Biwnami6vm6ved^:secondfed\l§2Mr• J Dool?that the minutes of the March 21st, 1990 minutes be approved. Carried. There being no further business to\come before the Board, Mr. Dool moved, seconded by Mr. Cappello that the same be duly adjourned. Carried. ctfully submitted, le 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: Sbenghechi Premises: 279 No. Washington Street Project: Construction of two story addition/garage Section 15, Block 12, Lot 21 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 Vj^k environment, so that no Environmental Impact Statement is required or need be filled therefor. 4. Nothing herein contained, however, shall be deemed to indicate or suggest that subsequent submissions for development of the property will not require the preparation and filing of for the Environmental Impact Statements. 5. This resolution is a Negative Declaration purposes of Article 8 of the Environmental Conservation Law, Local Law Environmental Quality Review Act for the Village of North Tarry town, and will be kept on file at the Village Hall and be available for public examination. Dated: </- / <? - <fo • Village Counsel � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1990 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1990-04-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-1990 Date A point or period of time associated with an event in the lifecycle of the resource 1990 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/5f0dd2d1d59a95cea7814220d1e78ce4.pdf 7cfb11e1964d062f8bd76e97773378a1 PDF Text Text Approved w i t h r e s p e c t t o substance and form: m i l a g e * Attoighey Dated: fyJU^ld/WlO Approved by t h e Qpninq Board of Appeals Ch^iinnan or Adding Chairman" Darted: &/~i.<y4g? F i l e d with Deputy Clerk Clerk or Deputy Clerk Dated : 7/1 ?|Y o /W-W ^ock; �** A Regular Meeting of the Zoning Board of Appeals was held on Wednesday, May 16, 1990 at 8:00 PM at Village Hall, North Tarrytown, New York. PRESENT: Jerroone Fine, Acting Chairperson Ray Dool John Cappello Vincent Buannano Costas Bounds James Karr Frank Paolantonio Also Present: John Hughes, Village Attorney James Margotta, Building Inspector Francesca Lorenz, Recording Secretary After a brief discussion, the Board elected Jerome Fine temporary acting chairperson for tonight's meeting. The meeting started at 8:15 PM. He announced that two matters on the agenda were cancelled. Mr. Maceyak asked for a adjournment, and attorneys for the Luberger estate asked for a month's extension. Some members stated they were disturbed at being notified just prior to the meeting that applications were being withdrawn. Members stated that unless there is an emergency, applicants should notify the Building Inspector at least two weeks in advance of cancellations. He, in turn, will notify the Zoning Board Members A motion to approve the minutes of the April 18th meeting was made by Mr. Buannano and seconded by John Cappello. Costas Boumis abstained. IN THE MATTER OF LOUIS FALASCA, 162 MILLARD AVENUE, NORTH TARRYTOWN, N.Y. Mr. Falasca presented the Recording Secretary propriate proof of service of public notices. with the ap- The Recording Secretary read aloud the public notice to hear and consider an appeal from a decision of the Building Inspector in denying a building permit to erect a two-car garage at his residence. The property is known and designated on Village Tax Assessment Maps as Section 14, Block 17, Lot 2. Sec. 62-8B Schedule of Regulations requires one side 10'-0, while the proposed plans indicate one side as 3'-0. The rear yard requirement is 25'-0, while the proposed plans for the rear yard indicate 3'-0. PUBLIC HEARING Mr. Falasca appeared before the Board and stated that he would like to enlarge the garage to accommodate two cars and a truck. 19 �Mrs. Lisa Hunter of 163 Highland Avenue stated that her property is behind Mr. Falasca's and she objects strongly to having only three feet separating the garage and her property line. Mr. Falasca stated that the existing garages around his property have less than two from his property line. BUSINESS MEETING Mr. Fine commented that he lived in the same area and a number of garages are close to the property lines. Some members of the Board felt that the garage was too long. Mrs. Hunter asked the Board about the Public Notice which stated April 18, 1990 as the Public Hearing date. Mr. Margotta explained that the original hearing was to be on April 18th, however, Mr. Falasca sent out the notices too late for that meeting, and it was held over for this month's meeting. Mr. Hughes, Village attorney felt that this matter would lead to some legal problems, and it was decided to table the matter until the next Public Hearing, and Mr. Falasca was to send out new notices to residents indicating the matter would be heard at the June 20th meeting. Mr. Paolantonio made a motion to table matter until the next meeting, Mr. Buannano seconded. IN THE MATTER OF STEPHEN MACEYAK, 24 ANDERSON AVENUE, NORTH TARRYTOWN. N. Y. This matter was placed on the agenda, however, Mr. Maceyak cancelled at the last minute. Because a number of residents were present, it was decided by the Board to held the Public Hearing portion of the meeting. Mr. Edward Simonowski, 14 Anderson Avenue presented a petition, with a number of signatures on it, to the Board asking that the area be kept one family housing according to the Zoning Code. (Petition will be part of the minutes). Mr. Buannano made a motion to table the matter until the next meeting. Motion was seconded by Mr. Karr. IN THE MATTER OF THE LUBERGER ESTATE, 143 VALLEY STREET. NORTH TARRYTOWN, N.Y. Matter was tabled until the next meeting. IN THE MATTER OF VASILE SBENGHECI, 279 NO. WASHINGTON ST. NORTH TARRYTOWN, N. Y. PUBLIC HEARING: 20 �* Robert Barstow, architect appeared before the Board on behalf of Mr. Sbengheci, and was told that that variance was granted at last month's meeting. He was also informed that the matter of the tree was referred to the Tree Commission. Mr. Barstow thanked the Board. At that point of the meeting, Mr. Fine stated to the Board that Mr. Solari asked for an extension of the variance granted to him. Mr. Fine said he felt that Mr. Solari should start the variance procedure from the beginning. Mr. Cappello made a motion to have Mr. Solari notified that no action was taken on the matter of the extension, and that the time limit of the variance had run out, and he must start variance procedure from the beginning. A motion to close the Public Hearing portion of the meeting was made by Mr. Karr and seconded by Mr. Cappello. Motion was passed unanimously. EXECUTIVE SESSION Mr. Buannano made a motion to elect Mr. Jermone Fine as Chairperson of the Zoning Board. Mr. Poalantonio seconded the motion. Motion was passed unanimously. Being no further business, meeting adjourned at 9:30PM. Respectfully submitted, '/Guu £*, ^ ^ ^ C _ M **^/ Francesca Lorenz Recording Secretary fl encl. 21 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1990 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1990-05-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-1990 Date A point or period of time associated with an event in the lifecycle of the resource 1990 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/e1c10528cf657bfbbc2645dbbe6f3137.pdf 9eb1c795b99faf70090404d7461fd595 PDF Text Text -V-fe* h * », • Approved with respect to substance and form: Vi1lage^Attorney Dated: "0^/j i?, I^o Approved by the Zoning _, Board tfj^:7sfaftairraan #r Acting Chairman 'bated: fuA*±\%i H 3 * Filed with Deputy Clerk Clerk or Deputy Clerk Dated: J/ff/qo J^luuL 7-o /<HD Date of Meeting • --i_",l-, ."S*vr,'. » ~ J 3 r - < - J S ^ ' ".' - E -Cf T„-S---.-i-t »*- »-T •" . U ^ w a ^ f e l ^ K A,^S3±""itifc-rM*i*^^ �PUBLIC HEARING NORTH TARRYTOWN, N.Y. JUNE 20th, 1990 A Public Hearing was held before the Zoning Board of Appeals of the Village of North Tarrytown on the above date. PRESENT: Jerome fine, Chairman Frank Paolantonio Vincent Buonanno John Cappello James Karr Kostas Boumis ABSENT: Raymond Dool ALSO PRESENT: John J. Hughes, Jr. Village Attorney Chairman fine called the meeting to order at 8 P.M. 1. MATTER Of LOUIS fALASCA, 162 Millard Avenue-Erection of twocar garage at his residence. The Clerk read the Public Notice to hear and consider an appeal of Louis falasca, 162 Millard Avenue, North Tarrytown, N.Y. from a decision of the Building Inspector in denying a building permit to erect a two-car garage at his residence at M 162 Millard Avenue, North Tarrytown, N.Y. The property is known and designated on Village Tax Assessment Maps as Section 14, Block 17 Lot 2. Sec. 62-8B, Schedule of Regulations requires one side 10'-0, while the proposed plans indicate one side as 3'0. The rear yard requirement is 25'-0, while the proposed plans for the rear yard indicate 3'-0. Mr. falasca presented affidavits of service to the Clerk as required by the Ordinance. Mr. fine asked if there was anyone present who would like to address the Board. Mrs. Natalie Kase of 174 Millard Avenue, a neighbor, stated that the garage would be three feet from her property line, and was a very large two car garage, and felt it would be too big for the area. Mr. Benjamin Hunter, 163 Highland Avenue, a rear neighbor, felt that three feet to the rear line was too close to the property line and would be unacceptable to him. He felt that such a large building would be too imposing. Mrs. Lisa Hunter, 163 Highland Avenue stated that Mr. falasca had put up a fence last year with the "wrong" side facing them and now he wants to put a large garage. They feel he should conform to the ordinance. �There being no further business to come before the hearing, Mr. Buonanno moved, seconded by Mr. Karr that the same be closed. Carried. BUSINESS SESSION Mr. Fine opened the meeting for discussion by the members. Mr. Paolantonio stated that the neighbors were concerned iabout the size and asked if it was"' described as a two-car garage. He felt that Mr. Falasca might be able to cut the size. Mr. Cappello stated that4most garages in the area are only three feet from the property line. Mr. Fine stated that the;dimensions on the map were toohard to read and felt that the garage was "over-sized". Mr. Buonanno stated that Mr. Falasca was going to tear down the old garage and build a•new 20 x 37' garage, plant screening which would enhance the area. Mr. Karr stated that Mr. Falasca had been instructed at the last meeting to contact his neighbors and come to an agreement before they came to the meeting. Mr. Buonanno moved, seconded%by Mr.Karr that the variance be.granted allowing Mr. Falasca to build 10 feet from the rear property line and three feet from the side yard. Carried. After a discussion, Mr. Hughes stated there had to be a basis for their action or people! could challenge their decision. , .Thereupon Mr. Cappello moved, seconded by Mr. Buonanno that the resolution be rescinded. Carried. Mr. falasca.was'instructed^to; redo the survey and show exact coverage and show screening plans. , Mr. Buonanno moved, seconded by Mr. Cappello that zfurther discussion be postponed^until the next meeting. Carried. 2. MATTER OFJREI^AJCORONAi 126 Depeyster Street-Certificate of Occupancy for a three family residence. The Clerk f read .the ^Public; Notice ; to ^ear i^ndf cojnsider ; • an appeal of Relma Corona, 126 ;Depeys ter,Street ,^\Nprth Tarry town, N.Y. from a decisionj ofsthe^Building Inspector *in denying< a Certificate of Occupany for a three-family residence at 126 �-3Depeyter Street. Village property records indicate said residence to be a single family residence. The property in question is known and designated on Village Tax Assessment Maps as Section 16, Block 9, Lot 7. Mr. Dohal Walsh representing Mrs. Corona stated when the property was purchased in 1976 it wais?a three family residence. It is listed with the Office of Rent Control as a three family residence. Mr. Walsh stated he has several affidavits from various property owners in the neighborhood who swear the property has been three families for over forty years. Trustee Michael Hylahd stated that he lived nextt door to the property iii question, and his mother also informed him that it has been three families since at least 1939. There being no further comments, Mr. Buonanno moved, seconded^by Mr. Karr that this be listed on village records as a non-conforming, pre-existing three family residence. Carried. Mr. Walsh presented Affidavit of Service to the Clerk as required by the Ordinance. .There being no further!business to come before the hearing, Mr. Buonanno moved, seconded^by* Mr. Karr * that the same be closed. Carried. 3. ENRICO SOLARI-4 7 New Broadway,Proposed-'"erection of dwelling on Section 17, Block 19, Lots 16 & 17. -- The Clerk read the Public Notice to hear and "consider an appeal of Enrico Solari, 47 New Broadway, North Tarrytown, 1 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 1 7 , Block 19, Lots 16; & 17 on the tax assessment map of the Village of North Tarrytown. The.existing residence, on the premises is non-conforming to present Zoning Code requirements as follows: 1. Section 62-8(B) of the Zoning Code requires a minimum side yard of three feet. The1existing side yard is nine inches. 2. Section 62-8(B)/of the Zoning Code requires a front yard of twenty feet. The existing front yard is ten feet. 3. Section 62-8(B) of the Zoning•Code requires a rear yard of twenty-five feet. The existing rear yard is twenty-one feet. 4. Section 62-8(B) requires lot coverage of 35 percent. The current coverage is 44 percent. i*-¥l-- - .; . --- -,.-:.'l,yW-i?-.'-i- ; * ^ f r ^ ^ ^ - V a ^ ^ " 4 ^ - - ^ ^ ' > * i l ^ ¥ ^ ^ ^ * ^ �-45. There are no parking spaces and three apartments on the premises, all contrary to Section 62-8(B) of the Zoning Code. Mr. Dennis Fitzgerald representing Mr. Solari presented Affidavit of Service to the Clerk as required by the Ordinance. Mr. Fitzgerald stated that the request presented was the same requested, and granted last year. Mr. Solari had been ill arid-unable to start the residence and the time limit had lapsed and they were appealing to the Zoning Board for renewal. The lots are adjacent to Mr. Solari's residence and are two buildable lots. Mr. Aldo Ceconi, 114 New Broadway, stated he had in his possession letters and minutes from 1975 where Mr. Solari was permitted to add to the existing building which made itrion-conforming,with the provisions that all four lots would be considered one lot. Mr. Solari agreed to this. Through the years Mr. Solari has approached the Zoning Board asking for permission to build a residence on the vacant portion of the lot and his requests have been denied. He continues to have the third * apartment which is in violation, and continues to store trucks on his property. He also stated that Webber Park is not a commercial zone and Mr. Solari continues to violate the ordinance. Mr. Ceconi also stated that in 1975 the Planning Board denied a sub-division of the property. Mr. Fitzgerald stated that the properties are separate parcels and are carried on the tax maps as separate parcels, therefore no sub-division is required. Mr. Margotta s tated that Mr. Solari was told to remove all traces of a three apartment in the existing building. Mr. Ceconi asked if the property was a buildable parcel, why was Mr. Solari asking for variances. There being no further business to come-before the hearing, Mr. Buonanno moved, seconded by. Mr. Cappello that : ; the same be closed. Carried. ; ; ; BUSINESS SESSION • • •' ' ~. i l : - ' * ' After a discussion regarding a time limit for-start of construction Mr. Buonanno moved, seconded by Mr. Karr • c-^:"—-%-Vi.w^j*. j-ttiss- -^^^^^^'.^Mlm^ji^^^ �-5that the following variances be granted, with the stipulation that construction be commenced within six months after final approval by all village agencies: 1. That the third apartment in the existing residence be permanently removed-kitchen, gas-meter, electric meter removed prior to the 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. Chairman Fine polled the Board as follows: Mr. Boumis-Abstain Mr. Paolantonio^Yes Mr. Karr-Yes Mr. Buonarino-Yes Mr. Cappello-Yes Mr. Fine declared the variances granted: : •-.- 4. WALTER LUBERGER ESTATE-143 Valley Street-Continued. 5. STEPHEN MACEYAK 24 Anderson Avenue-Conversion to a 2-family residence. Application was withdrawn by the Applicant. 6. MINUTES OF MAY 16/ 1990. -_.,. Mr. Buonanno moved, seconded by Mr. Karr that the minutes of the meeting held on May 16th, 1990 be accepted as presented. Carried. Chairman Fine stated'he had received a letter from . the Administrator regarding board members absences. After a\ discussion, it was decided that four (4) absences a year would be reasonable1. ., y - '. ;* -/V*. - •. *V - > ^ / • There being'no further business to come before the meeting Mr. Paolahtonio moved; seconded by Mr. Buomis that the same be duly adjourned. Carried. >.; ^ ; *; tfully su^itted,, ;. Irene Amato Acting7Clerk ,, * , ^ ^ , ^ ^ ^ , < ..^^.w^SS^i^^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1990 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1990-06-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-1990 Date A point or period of time associated with an event in the lifecycle of the resource 1990 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/c3a559f64fd9ea163490b40f9a48ad68.pdf d97292b741ae6cf9e5840d20b3571f04 PDF Text Text ,. T • Approved with respect to substance and form VITfiaee^ age Attorney, Dated Approved by the Zoningn Board of Appeals KA0^M/ airman or Acting Chairman ated: q-^r-^t) Filed with Deputy Clerk Clerk or Deputy Clerk Dated: l/Zlt>/<?o Date of Meeting . - .i-f- r;^,^_;„-;-j--i i i<£Ai^;sL-£-^k'i^^ �PUBLIC HEARING NORTH TARRYTOWN, N.Y. July 18th, 1990 A Public Hearing was held before the Zoning Board of Appeals of the Village of North Tarrytown on the above date. PRESENT: Jerome fine, Chairman Frank Paolantonio Vincent Buonanno John Cappello James Karr Costas Boumis Raymond Dool ALSO PRESENT: John J. Hughes, Jr., Village Attorney Chairman fine called the meeting to order at 8 P.M. 1. Public Hearing Francisco Mejias, 180 Valley Street-Bakery in Rodrigues Building. The Clerk read the Public Notice to hear and consider an appeal of Francisco Mejias, lessee of Rodrigues Enterprises at 180 Valley Street, North Tarrytown, N.Y., from a decision of the building inspector in,denying a building permit to have a bakery located at said address, known and designated on Village Tax Assessment Map as Section 16, Block 12, Lots 6A, 6B, 7A, 7C, and 7E. Section 62-20.1 -Location, prohibits a restaurant or food service establishment or tavern or bar within 200 ft, in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar. Mr. Margotta informed the Board that a delicatessen was directly across the street from the premises. Kr. Mejias presented Affidavit of Service to the Clerk as required by the Ordinance. Mr. Mejias stated that there were many Chileans living in the area and he would ^like to make Chilean bread and pastries. There would be no serving of food on the premises but strictly baked goods being sold and taken off the premises. Mr. Fine asked if there was anyone present who would like to speak for or against. Julia Vydareny stated that she owns property across the street and she was not opposed to the bakery. There being no further comments Mr. Buonanno moved, seconded by Mr. Kerr that the hearing be closed. Carried. �PREVIOUS DOCUMENT Hudson Micrographics • PO Box 640, Route 9W • Port Ewen, New York 12466 • 914/338-2200 �PUBLIC HEARING NORTH TARRYTOWN, N.Y. July 18th, 1990 A Public Hearing was held before the Zoning Board of Appeals of the Village of North Tarrytown on the above date. PRESENT: Jerome fine, Chairman Frank Paolantonio Vincent Buonanno John Cappello James Karr. Costas Boumis Raymond Dool ALSO PRESENT: John J. Hughes, Jr., Village Attorney Chairman Fine called the meeting to order at 8 P.M. 1- Public Hearing Francisco Mejias, 180 Valley Street-Bakery in Rodrigues Building. The Clerk read the Public Notice to hear and consider an appeal of Francisco Mejias, lessee of Rodrigues Enterprises at 180 Valley Street, North Tarrytown, N.Y., from a decision of the building inspector in denying a building permit to have a bakery located at said address, known and designated on Village Tax Assessment Map as Section 16, Block 12, Lots 6A, 6B, 7A, 7C, and 7E. Section 62-20.1 -Location, prohibits a restaurant or food service establishment or tavern or bar within 200 ft, in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar. Mr. Margotta informed the Board that a delicatessen was directly across the street from the premises. Mr. Mejias presented Affidavit of Service to the Clerk as required by the Ordinance. Mr. Mejias stated that there were many Chileans living in the area and he would like to make Chilean bread and pastries. There would be no serving of food on the premises but strictly baked goods being sold and taken off the premises. Mr. Fine asked if there was anyone present who would like to speak for or against. Julia Vydareny stated that she owns property across the street and she was not opposed to the bakery. There being no further comments Mr. Buonanno moved, seconded by Mr. Kerr that the hearing be closed. Carried. �-2- «* « Business Session • The Board reviewed the recent amendment to the Zoning Ordinance, Section &2-20-1 entitled "Restaurants, delicatessan, food service establishments, taverns, bars and drinking establishments". The purpose of this amendment was to limit the number of eating establishments within the commercial district of the Village so as to avoid the following problems: 1. Excessive garbage and sanitary problems; 2. Noise-from employees and customers; 3. Traffic-from employees and customers; 4. Safety-from the prevalence of wood framed dwellings where fire is a concern. In addition, the purpose of the Ordinance was to promote a varied and healthy business district. The Board considered the type of use proposed by this application; to wit, a bakery where products would not be offered for on-site consumption, where ample parking existed within the building, where the bakery will close in the early evening so that neighbors would not be disturbed by noise in the evening, and where, owing to the type of product offered, sanitation problems can be kept to a minimum. In addition, there is no other bakery in the immediate neighborhood. On the basis of the foregoing the board, pursuant to the authority vested in it by Section 62-40(A)(l) determines that a bakery at this particular location, is not prohibited by operation of Section 62-20(1) of the Zoning Code. The Board limited its decision to the facts presented to this application. Mr. Paolontonio moved the foregoing resolution, seconded by Mr. Karr. The resolution was unanimously carried. 2. MATTER Of LOUIS FALASCA, 162 Millard Avenue-Erection of twocar garage at his residence. Continued Discussion. Chairman Fine stated that discussion was a continuation of the Public Hearing held at the last meeting, where Mr. Falasca was asked to file with the Board, signed arid sealed by a surveyor, plan of garage as shown on the property. Chairman Fine stated he had received a letter from the attorney for Mrs. Kase stating their objections to the variance and the construction of the garage. Mr. Benjamin Hunter, 163 Highland Avenue, rear yard neighbor of Mr. Falasca, stated he still objected to the set-backs requested by Mr. Falasca. �-3Mrs. Natalie Kase, neighbor to the west of Mr. Falasca stated she still objected to the set-backs requested by Mr. Falasca and felt Mr. Falasca should conform to the code. • There being no further business to come before the hearing Mr. Buonanno moved, seconded by Mr. Boumis that the hearing be closed. Carried. BUSINESS SESSION Mr. Paolantonio stated there were not many changes from the previous submitted drawings. He had expected Mr. Falasca to meet with the neighbors and to reach a compromise before the meeting tonight. Mr. Buonanno stated that the Board would like to have all parties be in agreement, and asked if Mr. Falasca would be willing to accept a ten foot rear yard setback and a seven foot side yard setback. Mrs. Hunter and Mrs. Kase did not agree to Mr. Buonanno's suggestion. After a discussion, Mr. Falasca stated that he would withdraw his application for a variance. 3. MINUTES Mr. Buonanno moved, seconded by Mr. Buomis that the minutes of June 20th, 1990 be.accepted as read, except for the following changes: Page 5 ~: "approval by all village agencies" to read "approval by the Building Inspector and Architectural Review Board". Carried. After a discussion it was decided not to have an August meeting due to vacations, and the next meeting would be held on September 19th, 1990. There being no further business to come before the meeting, Mr. Buonanno moved, seconded by Mr. Cappello that the same be duly adjourned. Carried. Respectfully submitted, Amato Clerk tl V ^«fe«-W**^4^tefe*J^<fe^^^ �RESOLVED: 4 *. < 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: Mejias 2. Premises: 180 Valley Street Project: Restaurant Use Section 16, Block 12, Lots 6A, 6B, 7A, 7C, 7E The Board has examined a Short Environmental Assessment Form prepared by the applicant. 3. The action as above described is an unlisted action pursuant to Article 8 of the Environmental Conservation Law and Part 617 of the Rules and Regulations promulgated thereunder, and will, in and of itself, not have a significant effect on the environment, so that no Environmental Impact Statement is required or need be filled therefor. 4. Nothing herein contained, however, shall be deemed to indicate or suggest that subsequent submissions for development of the property will not require the preparation and filing of for the Environmental Impact Statements. 5. This resolution is a Negative Declaration purposes of Article 8 of the Environmental Conservation Law, Local Law Environmental Quality Review Act for the Village of North Tarrytown, and will be kept on file at the Village Hall and be available for public examination. Dated: ^j- jCf- ^v • Village Counsel -.W-iVl-A-..i^'---v»--^'^.J » - i i 3 j i J t * r t % _ ^ -^'•—•"-<^;ffcfc^*-;^ito*r««^^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1990 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1990-07-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-1990 Date A point or period of time associated with an event in the lifecycle of the resource 1990 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/a9435a70d61eefb3d3f2801ab98b458f.pdf fced31fdcb38feb96172f7c532c7d936 PDF Text Text Approved with respect to substance and form; Village Attorn Dated: L l - ^ <io Approved by the Zoning Board of Appeals jw ^_ rairmanror Acting Chairman feted: u ^ ^ - f y ? F i l e d with Deputy Clerk Clerk or Deputy Clerk Dated: l/l30/90 iuus zC i^fo Date of Meeting �PUBLIC HEARING NORTH TARRYTOWN, N.Y. September 25, 1990 0* A Public Hearing was held before the Zoning Board of Appeals of the Village of North Tarrytown on the above date. PRESENT: Jerome Fine, Chairman Frank Paolantonio Vincent i.Buonanho :.o John Cappello Costas Boumis Raymond Dooly ABSENT: James Karr ALSO PRESENT:Arthur Brady, Esq. Acting Village Attorney Chairman Fine called the meeting to order at 8 P.M. Chairman Fine stated that the first order of business would be the following: 1. Public Hearing-John J. Minardi, 89 New Broadway,-Repair and Replace wood paneling and a single cabinet in the basement area to an existing two-family residence in an R-4 District. The Clerk read the Public Notice to hear and consider an appeal of John J. Minardi, 89 New Broadway, North Tarrytown, N.Y. from a decision of the Building Inspector in denying a building permit to repair and replace wood paneling and a single cabinet in the basement area to an existing two-family residence in an R-4 District, known and designated on Village Tax Assessment Map as Section 17, block 18, Lots 31 & 32. Sec. 62-8B, Schedule of Regulations, permits a one and two-family residence in an R-4 District. Mr. Seymour Rabinowitz, Attorney for Mr. Minardi presented Affidavit of Service to the Clerk as required by the Ordinance. Mr. Rabinowitz stated that Mr. Minardi was appealing a denial by the Building Inspector of a permit to replace a kitchen cabinet and paneling in the basement of his home located at 89 New Broadway. Mr. Rabinowitz stated that the house is a two-family residence and at no time was ever/a three-family residence. Mr. Minardi was issued permits for renovation in 1957 and 1973. He stated a kitchen was installed in 1957 and stated the residence was a two-family dwelling. He also stated that a single person is living in the basement as a boarder. Mr. Fine asked if there was anyone present who would like to address the Board. Mr. Walter Ceconi, 121 New Broadway, stated he has lived at 121 New Broadway for many years arid that Mr. Minardi t--*r^-*.rfwiir*-~iai.a^^. ivi-^z..^^\-j^^h^-^^-i^i3Mli^i^f^Sisi^x^j£iJss»^^^^i �-2has and the has car always had a tenanto.living in the basement apartment, on occasion two tenants. His objection is that with extra tenants it brings more cars. Mr. Minardi*s family three cars, a jeepster and a commercial van. The only parked in Mr. Minardi's driveway is the commercial van. Mr. Aldo Ceconi, 114 New Broadway, stated he lives across the street from Mr. Minardi and has lived all his life in the immediate area. He stated he was on the Zoning Board when Mr. Minardi was permitted to install a kitchen in the basement. He was allowed to do so for his own use, as he had a sick daughter at the time. He stated that Mr. Minardi always had another family in the basement, and at the present;' time there is someone living there. He stated through the years the meterman from the Village of Tarrytown lived there and several other peoples He was told the tenants were asked to move when the reassessment was in progress. Mrs. Mary Vizvary, 85 New Broadway, stated that Mr. Minardi should be a little considerate of his neighbors. His family and tenants park cars in front of everyone else's house. She stated she counted five cars in a two-family house. She also would like to know the definition of a "boarder" as used in the Zoning Code. Mr. Rabinowitz asked Mr. Minardi if the residence was ever used for more than a two-family residence and Mr. Minardi stated it was always a two-family residence. Mr. Fine stated that prior to the meeting they did not have certain information regarding the various permits issued in prior years and would therefore like to have time to review the material presented tonight, and the minutes of the Zoning Board. Mr. Buonan'no moved, ^seconded by Mr. Boumis that the hearing be closed. Carried. BUSINESS SESSION A discussion followed regarding two-family and threefamily dwellings, what constitutes "family" and what constitutes "boarder". Mr. Margotta stated installing a kitchen, stove and a sink, and a bathroom constitutes an apartment. Mr. Paolantonio stated when he visited the dwelling he found several doors in the basement area, and would like an opportunity to inspect the lower level of the dwelling. Mr. Cappello stated he found a "side door" and a "rear door" and he also would like to inspect the dwelling. Mr. Fine asked if Mr. Minardi was willing to allow the members to inspect the property in question. If so, they would extend Kt^fef^-a^i-ii^i --j-rii.ri^sM^i^^KSr^i^ri^^^ �-3would put the matter on the agenda for the October 17th meeting. Mr. Minardi agreed to allow the members to inspect the premises. Mr. Cappello moved, seconded by Mr. Paolantonio that the matter be adjourned to the next meeting to be held on October 17th. Carried. 2. John M. Arcate, 225 Webber Avenue-Erect a shed. The Clerk read the Public Notice to hear and consider an appeal of John M. Arcate of 222 64bber Avenue, North Tarrytown, N.Y. from a decision of the Building Inspector in denying a building permit to erect a shed on said property known and designated on Village Tax Map as Section 17, Block 3, Lot 15. The property is located in an R3 District. Section 62-8B, Schedule of Regulations, requires a 25'-0"rear yard, while the proposed plans indicate the rear yard as 18'-0". Mr, Arcate presented affidavit of Service to the Clerk as required by the Ordinance. Mr. Fine asked if there was anyone present who would like to address the Board. Mr. Arcate stated he has a delapidated shed and would like to remove the shed and replace it with a new one which would be approximately the same size-14 x 18. There being no further comments Mr. Buonanno moved, seconded by Mr. Buomis that the hearing be closed. Carried. BUSINESS SESSION Mr. Dool stated he lived in the area and he did not object to the variance beingsgranted. Mr. Boananno stated that Mr. Arcate would have to dig into the hill behind the present shed in order to conform to the code and felt that would be a hardship. He stated there were other sheds in the area and the removal and rebuilding would benefit the area. Mr. Cappello stated it would look a lot better than the present shed. Mr. Paolantonio stated he was in favor of granting the variance, After a discussion Mr. Buonanno moved, seconded by Mr. Dool that a variance be granted allowing Mr. Arcate to have a rear yard of 18'-8" instead of 25 '-0VandVa peitmit be issued by the Building Inspector for the erection of a shed on -- ii-Z^,- Jl-nRi -----.„*«<:», ^jTfc^ir-aHWSSSaV.; -^:'^i~-'-'^~--"^-'^1^"'»-^^"-^=»^S2^^^ �-4said property. 3. Carried. PUBLIC HEARING-Leonard Rutiglan, 97 College Avenue-Automotive Repair Shop The Clerk read the Public Notice to hear and consider an appeal of Leonard RutigIan, Lessee of 97 College Avenue, North Tarrytown, N.Y. and owned by Torres & Sons Contractors, Inc., 17 Schudy Place, New Rochelle, N.Y. from a decision of the Building Inspector in denying a building permit to convert the existing storage building to an automotive repair shop, known and duly designated on Village Tax Assessment Map as Section 16, Block 10, Lot 17.1. The building is located in a C-2 District which prohibits an automotive use. Section 62-8B of the Zoning Code states that a C-2 District is General Commercial. Mr. Rutiglan presented affidavit of service to the Clerk as required by the Ordinance. Mr. Fine asked if there was anyone present who would like to address the Board. Mr. Rutiglan stated he was a life-long member of the Village, had previously owned a service station on Cortlandt Street, moved to Tarrytown and recently the building had been sold and therefore lost his lease. He is interested in returning to the Village and after a search located the building on College Avenue. He stated he would repair automobiles, all of which would be stored inside the building. He stated there would be no paint odors or nuisances of any kind. Mr. Frank of 95 Beekman Avenue stated that Mr. Rutligan had been repairing his car when needed and felt permission should be granted. Mr. Rocco Minella, 13 Pleasant Street spoke in favor of granting permission for use as a garage. Mr. Richard Brophy, stated he was in favor of granting permission for use as a garage. Mr. Frank Rizzi, North Washington Street stated that Mr. Rutligan was a member of the local Fire Department and a long time resident and felt that permission should be granted. There being no further comments, Mr. Paolantonio moved, seconded by Mr. Dool that t he hearing be closed. Carried. BUSINESS SESSION" Mr. Buonanno stated there was an auto and body shop next door to the building which has been in operation since the early 1930's and there haven't been complaints. He felt that perm �-5permission should be granted. Mr. Buomis questioned the present use of the building. Mr. Margotta stated it previously was used for storage but has been vacant for the past two years. After a discussion Mr. Paolantonio moved, seconded by Mr. Buonanno that a variance be granted allowing Mr. Rutligan to use the property located at 97 College Avenue as an automotive repair shop. Carried. 4. PUBLIC HEARING-Elizabeth Akin, 28 Evergreen Way, Construction of a one-family home-lot size 10,000 Square Feet. The Clerk read the Public Notice to hear and consider an appeal by Elizabeth Akin, c/o Duffy arid Watkins, 701 Westchester Avenue, White Plains, New York from a decision of the Building Inspector in denying a building permit for the construction of a single family home on Lot 1, of Section 11, Block IN on the tax assessment maps of the Village of North Tarrytown; said lot being located on the southeasterly side of Evergreen Way between Hemlock Drive and Lakeview Avenue, Said lot consists of approximately 10,000 square feet in a zoning district where 15,000 square feet are required. Mr. Sam Watkins, Jr., Attorney representing Elizabeth Akin present Affidavit of Service to the Clerk as required by the Ordinance. Mr. nine asked if there was anyone present who would like to address the Board. Mr. Watkins that he was before the Board to request application to have Lot #1 designated a buildable lot. He stated Mrs. Akin had purchased the lot in 1953 and at that time 10,000 square feet was considered a buildable lot. In 1957 on recommendation of the Zoning Board buildable lot size was increased to 15,000,square feet. At the time Mr. Akin had protested stating his lot was 10,000 arid was considered a buildable lot. He was assured by the Zoning Board at that time that all lots under 15,000 at that time would be covered under the "grandfather clause". He stated that Mr. Akin passed away last year and Mrs. Akin in now in a nursing home. The lot is a corner lot and will be substantially larger than some lots in the area. Mr. Kevin Reilly, 14 Lakeview Avenue stated he lives across the street from the lot in guestiori. His lot and most of the lots in the area are much larger than the lot in question. He stated that in allowing a house to be built on the lot it would change the character of the area and he was against allowing the lot.to be classified a buildable lot. He felt there was no hardship shown and felt it would be unfair to the surrounding neighbors. �Mr. Michael Owen, 39 Evergreen Way submitted a Petition to the Clerk with approximately twenty-seven names of residents against the granting QfiE=thfeiAkis:r.equest. - He stated it would be harmful to the character of the neighborhood. Mr. Ted Widmayer, 15 Lakeview Avenue stated that he was opposed to down grading of the lot. He stated it would be 33% smaller than called for in the ordinance. Mr. George Ritz, 16 Lakeview Avenue stated that the code prohibits building on less than 15,000 square feet and questioned the fate of the 5 or 6 trees, some of which are over 100 years old. He stated that the Akin family does not plan to live in the house, but it will be sold. Mr. Wayne Akin, son of Mrs. Akin stated that since they purchased the lot it has always been designated separately from the other lots.. The village has always sent them separate tax bills, addressed to Mrs. Akin. The other property was jointly owned by his father and mother. He grew up in Sleepy Hollow Manor but the people speaking were relatively newcomers. Mr. Carlo Vecchi, 35 Evergreen Way stated he felt that permission should not be granted. A house on that property would change the whole appearance of the neighborhood. After a discussion regarding other parcels owned by the Akin Family, Mr. Buorianno moved, seconded by Mr. Paolantonio that the hearing be closed. Carried. BUSINESS SESSION Mr. Buomis stated he had a copy of the minutes of December 6, 19 67 referred to by Mr. Watkins and would like time to study them. Mr. Buonanno stated that copies of the minutes should be made available to those persons who would like them. They stated that pre-existing lots would be "grandfathered" and the matter was passed without opposition. Mr. Cappello felt that the minutes were clear and felt that nothing would be gained by delaying a decision. Mr. Dool felt that the residents appearing should have the courtesy of reviewing the minutes that the Zoning Board was discussing. Mr. Fine stated that: the Akin Family have certain rights under the Code as the lot was "pre-existing"at the time the Code was in effect. Mr. Cappello stated that the "trees" in question would be protected by the Architectural Review Board and our Tree Committee. �< * _7- Mr. Fine explained to the residents that the plan would have to be submitted to other Boards ;f6r their input. • There being no further comments Mr. Buonanno moved, seconded by Mr. Paolantonio that the matter be tabled until the October 17th, 1990 meeting. Carried. 5. PUBLIC HEARING-Richard Brophy,John J. & Violet ZelyezRuling for a three-family dwelling. The Clerk read the Public Notice to hear and consider a request by Richard J. Brophy, John J. Zelyez and Violet Zelyez for a ruling by the Zoning Board that the premises situated at 194 Beekman Avenue, North Tarrytown, New York and known on the Tax Assessment maps of the Village of North Tarrytown as Section 16, Lock 4, Lot 1 is a three (3) family dwelling, the construction of which pre-dates the enactment of the Zoning Code of the Village of North Tarrytown. Mr. Brophy presented affidavit of service to the Clerk as required by the Ordinance. * A letter submitted to the Board with attachments, and exhibits, affidavits of neighbors going back sixty-two years stating that the dwelling in question had been a threefamily dwelling. An exhibit dated October, 1985 stated that the Building Inspector had inspected the premises stating that no violations were found in the three-family dwelling. Also attached was a request for a Certificate of Occupancy by village declaring it a three-family dwelling. Mrs. Violet Zelyez stated she had lived in the dwelling since she was name years old, some fifty years ago, and the dwelling was always three families. Mr. Richard Brophy stated he lived in the cottage at the rear of the dwelling in question, for over forty-four years and it was always a three-family dwelling. There being no further comments Mr. Buonanno moved, seconded by Mr. Paolantonio that the hearing be closed. Carried. BUSINESS SESSION * Mr. Margotta stated that the record card indicates the dwelling to be one-family and he cannot issue a Certificate of Occupancy until the Board declares it a three-family residence, thus clearing the records. A - . ... After a discussion Mr. Buonanno moved, seconded by Mr. Cappello that the dwelling in question be declared a legal non-conforming three-family dwelling. Carried. Mr. Fine stated that the Triano matter and the 15 College Avenue matter had been postponed u n t U the October 17th meeting. ^^^-M^M^^^^^i^-i^^iM^^ ^^,^-^-^~^^^i^. , •~~--&-^s;z&j*As.*^^^»&i^&t&£gs$J£ �-8Mr. Fine stated that the Mayor had received a letter from the Patton family on Dell Street regarding the height of trees on the Damin property. The Patton family wants the trees topped off at five feet. Mr. Brady stated that the trees are on the Damin property and they may have them as high as they wish. If they overhang they may be trimmed. Mr. Fine stated that the North Tarrytown Planning Board will be the "lead agency" in the Sleepy Hollow Cemetery matter in creating new grave sites. A discussion followed regarding the Appeal and Petition of Louis Falasca to the Board of Appeals for variance of North Tarrytown Zoning Ordinance. Matters discussed was the definitions of "side yards", "rear yards" and accessory uses. Mr. Cappello moved, seconded by Mr. Buonanno that the minutes of the July 18th, 1990 meeting be accepted as read. Carried. There being no further business to come before the meeting Mr. Cappello moved, seconded by Mr. Boumis that the same be duly adjourned. Carried. Respectfully submitted, -~—»- ne 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: Applicant: Brophy/Zelyey 2. Premises: 194 Beekman Avenue Project: 3 family dwelling Section 16, Block 4, Lot 1 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: ^ V ^ - ?^ Village Counsel fc.-= r: �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: Arcate S 2. s Premises: 225 Walker Avenue Project: Shed in rear Section 17, Block 3, Lot 15. 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: C|_>£- (jo Village Counsel �RESOLVED: 1. The Zoning Board of Appeals (the "Board") of the Village of North Tarrytown hereby designates itself % "Lead Agnecy" for purpose of considering the environmental effects of the following project: Applicant: Rutiglan 2. Premises: 97 College Avenue Project: Auto Repair Shop Section 16, Block 10, Lot 17.1 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: <?- ^ ~ % $^rd Village Counsel rr'fe-*j™'--i^;<*>:»^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1990 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1990-09-25 Subject The topic of the resource Zoning Board Minutes & Resolutions-1990 Date A point or period of time associated with an event in the lifecycle of the resource 1990 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/ae6906816871783c4523f5063ebd97ed.pdf 6fe57ddab913d2cf3fe9977c3c559789 PDF Text Text Approved with respect to substance and form: Willdge Attorney Dated: i-21-4 1 Approved by the, Zoning Board of Appeals Ch^irlhan or Acting Chairman D&'ted: {--2.1-^1 Filed with Deputy Clerk Clerk or. Deputy Clerk Dated: //^ufof Qcf;H,K4g Date of Meeting �A Regular Meeting of the Zoning Board was held on Wednesday, October 17, 1990 at 8:00 PM in Village Hall. Present: Jerome Fine, Chairman Costas Boumis John Morabito Frank Paolantonio James Karr Vincent Buonanno John Cappello Also Present: John Hughes, Village Attorney James Margotta, Building Inspector Chairman Fine called the meeting to order at 8:05PM. 1. IN THE MATTER OF E. AKIN, 28 EVERGREEN WAY, NO. TARRYTOWN, N, Y. This is a continuation of last month's hearing. The Akin family is seeking a building permit for the construction of a one family home on a lot less than 15,000 ft. as required by the Zoning Code. Mr. Sam Watkins, Jr., attorney for the Akin's family addressed the Board and stated that just prior to the meeting he received the enclosed correspondence from the law firm of Reilly and Lewis, attorneys for the Sleepy Hollow Taxpayer's Association. He would need time to review its contents. He asked that the matter be tabled until next month. He was also requested to submit a site plan covering both lots at next month's hearing. 2. IN THE MATTER OF JOHN J. MANARDI, 89 NEW BROADWAY, NO. TARRYTOWN, N. Y. This is a continuation from last month's hearing. Mr. Minardi is seeking a building permit to repair and replace wood paneling and a single cabinet to the basement area. Mr. Rabinowitz, attorney for Mr. Minardi, appeared before the Board and discussed the alleged violations. Mr. Margotta is of the opinion that the kitchen in the basement constitutes a separate apartment, thereby making the dwelling non-confirming. Mr. Margotta also stated that if the stove was removed.from the basement kitchen, he would be inclined to grant the permit. Mr. Aldo Ceconi discussed the various boarders who lived in the dwelling and the question arose whether it was a two, three or four family house. He stated at one point two unrelated people lived in one apartment, thereby making them boarders in the dwelling. A motion to close the public hearing was made by Mr. Buonnano and seconded by John Cappello. 22 �BUSINESS MEETING After a long discussion, Mr. Hughes, Village Attorney had some question as to whether or not this matter should be before the Zoning Board. A motion to table this matter until the next meeting was made by Vincent Buonnano and seconded by John Morabito. Discussion will be continued on November 21, 1990. 3. IN THE MATTER OF DEMETRIOS KRINGAS. 149 WEBBER AVENUE, NO. TARRYTOWN. N. Y. Mr. Ron Turnquist presented affidavit of Service to the Clerk as required by the Ordinance. This is a public hearing to hear and consider an appeal from a decision of the building inspector in denying a building permit to create a new lot for a multi-family residence in an R-3 District, at 149 Webber Avenue, North Tarrytown, N. Y. Webber Avenue is in an R-3 District that allows one family residences on 5000 sq. ft. lots. The present property has a non-conforming five family residence on a single lot of 38,038 sq. ft. The proposed lot size would be reduced to 28,000 sq. ft. Mr. Turnquist appeared before the Board and gave a brief history of Mr. Kringas ' attempts to build on the property, and how the project has been downscaled from a five condo units to four, and he now states that Mr. Kringas plans to build two one family units on the site. Therefore parcel A & B are conforming for the one family house. Parcel c, where the existing five family dwelling is situated requires a variance since it is nonconforming in that a five (5) family building is not a permitted principal use in the R-3 District. PUBLIC HEARING Mrs. Lucille Ceconi stated that she had some questions concerning an environmental impact report and she also felt that the Board should table this particular item as there were not enough of the Briggsville Neighborhood Association present to make public statements. Mr. Peter Kringas, son of Mr. Dimitras Kringas, addressed the board and stated it has taken almost three years to acquire approval and be granted a variance. He pointed out the variance is not for the planned new one family dwelling, but for the existing 5 family dwelling that has been in existance for many years. A motion to close the public hearing was made by Mr. Vincent Buannano and seconded by John Cappello. 23 �BUSINESS MEETING; Mr. Buannano stated he is in favor of granting the variance for Parcel C, which has a pre-exisiting non-conforming five family dwelling on it. Mr. Boumis stated that in view of the fact that this was a Public Hearing and residents were notified by certified mail of the hearing to voice their concerns, he feels no need to continue this hearing until next month. He also stated residents can still address their concerns when this project comes before the Planning Board. A motion to grant the variance for the pre-exisiting (which is to remain in its current form for perpetuity) 5 family dwelling as is was made by Mr. Buananno and seconded by Mr. Paolantonio. The applicant has sufficiently demonstrated the required practical difficulties in that this property could be used for no other purpose. In addition, the proposed use for single family residences was in keeping with the Zoning Code, thereby maintaining the character of the area. Finally, the variance is the only means by which the applicant can obtain relief. A poll was taken, all voted aye. Motion passed unanimously. 4. IN THE MATTER OF PATRICIA DAMIN, 14 DELL STREET, NO. TARRYTOWN. N. Y. Chairman Fine read the notice of Public Hearing. Affidavits of Proof of Receipts were presented to the Recording Secretary. This is a public hearing to consider an appeal of a decision of the Building Inspector in denying a building permit for an addition to the residence at 14 Dell Street, Section 17, Block 1, Lot 11. Section 62-8B, Schedule of Regulations of the Zoning Code requires: 1) Lot size of 4,000 sq. ft., while the proposed lot size is 2,700; 2) The front yard requirement is 20'-0, while the proposed front yard is 11.90; 3) One side yard requirement is 3'-0, both sides require 12 ft. where the proposed side yard is 8'-11"; 4) The rear yard requirement is 25'-0 while the proposed rear yard in 3'-l". Mr. Compton Spain,Esq. attorney for the Damin's, addressed the Board and gave a brief background on this matter. At the October, 1988 meeting of the Zoning Board a variance from the rear yard requirements of the Zoning Code to add a 10' x 10' one story addition was granted to Ms. Damin. 24 �At the February 21, 1990 meeting, another public hearing was held, and the Board determined that Ms. Damin had demonstrated "practical difficulties" in meeting the requirements for the Zoning Code, in that she was constructing the addition to provide living space for her invalid mother; and in that she had initiated the construction in full reliance upon a building permit issued by the Building Inspector. The Board approved the following variances based on the aforementioned reasoning. 1) Lot size 2700 sq. ft. where 4,000 sq. ft. is required. 2) Front yard - 11.99 feet where 20 feet is required. 3) Rear yard - 3.1 ft. where 25 ft. is required. 4) Side yard - 3.0, total of 12 ft. where 8 ft. 11 inches on side, total of 9.06 feet. At this point, Mr. Spain presented a letter from John B. Robbins, M. D. attesting to Mrs. Esther Damin's medical condition, and the need for the 15 x 24 ground level addition, as it was the minimum amount of living space needed. Mr. Spain presented Mrs. Damin to the Board and asked her to confirm the doctor's report on her health condition. Mr. Kenneth Pell, Esq. attorney from Maroney, Ponzini and Spencer, Esqs. representing the Patton family, addressed the board and asked for an inspection of the addition. He also stated that the original addition was to be 10' x 10', and a 15' by 24' addition was built. He asked tht the Board deny the variance. Ms. Tish Maceyak addressed the board and stated that this issue has caused good neighbors to become bitter opponents. A motion to close the Public Hearing was made by Mr. Buannano and seconded by Mr. Karr. BUSINESS MEETING Mr. Buannano disqualified himself from the discussion. Mr. Paolantonio stated that the Board has held two previous public hearings on this matter. He made a motion to concur with the Board's earlier decisions to grant the variances. The motion was seconded by Mr. Cappello. On discussion of the motion, Mr. Hughes, Village Attorney, stated that the specific function of the meeting was to comply with the decision by the Honorable Joseph West, Justice of the Supreme Court of the State of New York in and for Westchester County. In his decision, Judge West directed the Board to consider two issues. 1) The extent to which Ms. Damin relied on the Building Inspector ; and 2) The issue of whether the 15 ft. by 24 ft. addition now constructed was the minimum variance necessary to accomplish the purpose of providing Mrs. Esther Damin with suitable residential accommodation in light of the previously approved 10 ft. x 10 ft. addition. 25 �Mr. Hughes read aloud proposed affidavit to be signed by James Margotta, a copy of which is attached hereto and made a part of these minutes. The affidavit indicates that Ms. Patricia Damin relied on Mr. Margotta for zoning advice and that he had erred in granting a building permit for the addition. As to whether the 15 ft. x 24 ft. addition was the minimum variance necessary, the Board considered the following factors is arriving at a decision: 1) . The addition, as presently constructed for Mrs. Esther Damin,contained 360 sq. ft., which the Board notes is an extremely small area. The Board noted that in most municipalities, the minimum apartment size was 600 sq. ft. 2 ) . The Board noted that a letter dated October 16, 1990 from Dr. John B. Robbins, M. D. indicating that the area constructed is the minimum amount necessary for Mrs. Esther Damin's accomodation. 3) . Mr. Hughes indicated that, at the request of Ms. Lynn Farrell, Esq. attorney from Mr. Patten, he inspected the residence. Inside the addition was a bedroom area for Mrs. Esther Damin, a bath and small laundry. It was obvious that the addition space was being used to provide living space for Mrs. Esther Damin. The Board also incorporated all previous meetings in this decision and found that the addition as built would have no negative effect on the character of the area, the problem cannot be solved by means other than a variance, there would be no population increase by virtue of the variance, and most significantly, the interests of justice would be served. A poll was taken. Messers. Boumis, Buannano and Moribito abstained. Messers Fine, Paolantonio, Karr and Cappello voted aye. A majority of the Board having voted in favor of granting the variance, the motion is carried. 5. IN THE MATTER OF VINCENT MARGOTTA, 122 DEYPEYSTER ST. NORTH TARRYTOWN, N. Y. This is a public hearing to consider a appeal from a decision of the building inspector in denying a building permit to renovate 89-91 Cortlandt Street, North Tarrytown known on Village Tax Assessment Map as Section 16, Block 9, Lot 1A. The Clerk read aloud the public notice and received the appropriate affidavits of Proof of Receipts. Ron Turquist, Architect, appeared before the Board to describe the applicant's project. At present, 91 Cortlandt is not occupied, but did have a bar and restaurant area, and in the rear of the building there were apartments on the first and second floor. The kitchen for the bar is located at 89 Cortlandt and 26 �currently has occupied apartments on the second and third floors. The applicant would like to re-open the bar and restuarant and rehabilitate the buildings. PUBLIC HEARING: Mr. Richard Ayers and Mr. Miguel Jimenez both addressed the Board saying the were not in favor of re-opening the bar and restaurant, and that the new Zoning code (62-20) should be enforced prohibiting restaurants and bars from operating 200 hundred feet from another establishment of the same type. John Cappello made a motion to close the Public Hearing, motion was seconded by Mr. Buannano. BUSINESS MEETING; Mr. Buannano is opposed to opening the bar and restaurant because it is in violation of Zoning Code Section 62-20. Mr. Cappello concurred. Mr. Buannano stated that if Mr. Margotta would rehabilitate the buildings without the restaurant, the Board would favorably consider granting the variances for the side yards, parking and the driveway. # After a discussion, it was decided to table this matter until the next meeting held in November. 6. IN THE MATTER OF BRUCE VON GLAHN, 159 PROSPECT ST., NO. TARRYTOWN, N. Y. This is a public hearing to consider an appeal from a decision of the building inspector in denying a building permit to install a mini-market at 180 Valley St. No.Tarrvtown. N.Y. known as Section 16, Block, Lot 6 . He is asking for a variance on Section 62-20. The clerk read aloud the Public Notice and received the appropriate Affidavits of Proof of Receipt. Mr. Donal Walsh attorney, for the applicant, addressed the Board on behalf of applicant stating what type of produce would be sold at the proposed mini-market, and stated he felt that new market would be an asset to the Village. Mr. Von Glahn presented a petition in favor of the new mini-market. Mr. Richard Ayers and Mr. Miguel Jiminez addressed the Board stating they were not in favor of the mini-market as it is in violation of the Zoning Code Section 62-20. Sean Treacy, Trustee, spoke of the reasons why the Section 62-20 was passed. 27 -«-^--:rf^iii^.'^=---^iW'^-:>-v^fcJ^^ Zoning Code �A motion to close the Public Hearing was made by Mr. Cappello and seconded by Mr. Moribito. BUSINESS MEETING; After much discussion, Mr. Buannano suggested that the applicant reconsider his application to open the mini-market, and come before the board with a different business such as a florist, etc. A motion to table further discussion until the next meeting was made by Mr. Buannano and seconded by Mr. Karr. 7. IN THE MATTER OF ROGELIO CAMPOS, LESSEE, 60 CLINTON ST. NO. TARRYTOWN, N. Y. This is a Public Hearing to the building inspector in restaurant at said address, He is asking for a variance consider an appeal from a decision of denying a building permit to have a known as Section 16, Block 4, Lot 6A. from the provisions of Section 62-20. The clerk read aloud the notice and received the appropriate affidavits of Proof of Receipt. Mr. Larry Rodriguez owner of the building stated that the prior tenant had a pizza parlor at this site, and had vacated the premises in May. Mr. Miguel Jiminez stated he was against granting the variance as it was in violation of Zoning Code 62-20. Mr. Buannano moved to close the Public Hearing and Mr. Boumis seconded the motion. BUSINESS MEETING: After a long discussion, it was suggested to Mr. Rodriquez that he present the prior tenant's lease to verify the date as when the lease ended. Matter was tabled until next month for further discussion. There being no further business, the meeting ended at 11:45 PM. Respectfully submitted, -^L&JLI &u ^ J \ L J Francesca Lorenz Recording Secretary encl. 28 �AFFIDAVIT STATE OF NEW YORK ) )ss.: COUNTY OF WESTCHESTER ) JAMES T. MARGOTTA, being duly sworn, deposes and says: (1) I am over the age of eighteen years of age and reside at 61 Merlin Avenue, North Tarrytown, New York. (2) I am the duly appointed Building Inspector of the Village of North Tarrytown and have been acting in such capacity since 1984. (3) That I am thoroughly familiar with the details surrounding the construction of an addition to the residence owned by Patricia Damin and located at 14 Dell Street, North Tarrytown, New York. (4) That Ms. Patricia Damin received a variance from the rear yard setback requirement of the Zoning Code on October 27, 1988, which variance permitted her to construct a ten foot by ten foot addition. (5) That, after receiving said variance, Ms. Damin and I had several discussions at my office wherein we agreed that an addition on the westerly side of her property would permit her to build a larger and more useful addition for the benefit of her invalid mother. (6) That I encouraged Ms. Damin to engage an architect to develop plans for a fifteen foot by twenty-five foot addition on the westerly side of her property. �(7) That I received plans for this addition from Studio Rai, P.C., the Architect. Based on these plans, on December 2, 1988,1 issued the building permit, No. 2700. (8) At all times during the period leading up to the issuance of this building permit, Ms. Patricia Damin relied on my advice and on my office with respect to zoning questions and the need for any variances from the Zoning Code. (9) In issuing a building permit, it was my error and omission in that I did not realize that several variances were required in connection with the construction of the addition on Ms. Damin 1 s westerly sideyard. It was my further error and omission to issue a building permit to her under these circumstances. *MMy *vfeM»8MB cf iMv lhvfc �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: KringaX Premises: 149 Webber Avenue Project: Create 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, arid 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: J6~lX- 9° Village Counsel �RESOLVED: 1. The Zoning Board of Appeals (the "Board") of the Village of North Tarrytown hereby designates itself "Lead Agnecy" for purpose of considering the environmental effects of the following project: 2. Applicant: Damin Premises: 14 Dell Street Project: Area Variances - rehearing Section 17, Block 1, Lot 11 The Board has examined a Short Environmental Assessment Form prepared by the applicant. 3. The action as above described is an unlisted action pursuant to Article 8 of the Environmental Conservation Law and Part 617 of the Rules and Regulations promulgated thereunder, and will, in and of itself, not have a significant effect on the environment, so that no Environmental Impact Statement is required or need be filled therefor. 4. Nothing herein contained, however, shall be deemed to indicate or suggest that subsequent submissions for development of the property will not require the preparation and filing of for the Environmental Impact Statements. 5. This resolution is a Negative Declaration purposes of Article 8 of the Environmental Conservation Law, Local Law Environmental Quality Review Act for the Village of North Tarrytown, and will be kept on file at the Village Hall and be available for public examination. Dated:/(j- Jg" 9^> Village Counsel � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1990 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1990-10-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-1990 Date A point or period of time associated with an event in the lifecycle of the resource 1990 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/5a7675bbf3aeb83071b7a475bb982afd.pdf bea92c20799ac81c5c74ef3a5c05c4b5 PDF Text Text P r Approved with respect to substance and form VTTT^ Dated: 1-2-1-^ Approved by_the Zoning Board of Appeals J2£ [airman &r A c t i n g Chairman ited: /-2I-*?! F i l e d w i t h Deputy Clerk Clerk or. Deputy Clerk Dated:/ 'fo/9' Kfrv^J^'TSil^ft Date of Meeting -_..-,^., w-:-.._-«,-, fe^^6&w&fc« -A-i;i^te*«V%is:fe^^ �V A Regular Meeting of the Zoning Board was held on Thursday, November 29, 1990 at 8:00 PM in Village Hall, North Tarrytown, New York. PRESENT: Jerome Fine, Chairman Costas Boumis John Morabito Frank Paolantonio Vincent Buonanno John Cappello Also Present: •"" John Hughes, Village Attorney James Margotta, Building Inspector APPROVAL OF MINUTES Mr. Costas Boumis made a motion to approve the September, 1990 Zoning Board Minutes as written. The Motion was seconded by Mr. Vincent Buonanno. Motion carried. Vincent Buonnano made a motion to approve the October, 1990 Zoning Board minutes with corrections. The motion was seconded by Mr. John Morabito. Motion carried. Corrections to the October, 1990 Minutes are as follows: AKINS' MATTER;Last sentence should read: "He was also requested to submit a site plan covering both lots at next month's meeting". KRINGAS ' MATTER: First sentence, last paragraph should read: A motion to grant the variance for the pre-existing (which is to remain in its current form for perpetuity) 5 family dwelling as is was made by Mr. Buonanno and seconded by Mr. Paolantonio. Mr. Fine formally welcomed Mr. John Morabito as a new member of the Zoning Board. Mr. Margotta reported to the Chairman that the Minardi matter has been resolved. Mr. Minardi agreed to remove the appliances out of the basement area. The matters of Bruce Von Glahm, and Vincent Margotta will be tabled until next month. IN THE MATTER OF E. AKIN, 28 EVERGREEN WAY This is a continuation of last month's Public Hearing. Mr. George O'Hanlon of 2 Lake Shore Close spoke against the variance citing the square foot requirement and the lack of economic hardship suffered by this Applicant. George Ritz, of Lake View Avenue spoke against granting the variance stating overdevelopment would ruin the area. 29 �V Gerald D.Reilly, Esq., attorney for the Sleepy Hollow Taxpayer's Association presented a survey from Charles A. Riley, (not related). He stated that the three lots in questions were merged into one piece of property. He also indicated that in 1967, the Zoning Board increased the size of the building lots from 10,000 square feet to 15,000 square fee, in Sleepy Hollow Manor. It was noted that the intention of this Zoning ordinance was so that Sleepy Hollow Manor was not to be divided into small lots. Mr. Sam Watkins, Attorney for the applicant cited the grounds for the applicant's request for the variance as practical difficulty, significant economic injury and financial loss as a result of the strict application of the area standard. Mr. Ritz questioned the Akins claim of economic hardship. Mr. Michael Owen of 39 Evergreen Way stated that they may be 69 nonconforming lots in Sleepy Hollow Manor because of the 1967 Zoning change regarding square feet in building lots. Mr. Ritz addressed the Board and stated the 69 non conforming lots have trees and the pond situated on them. Mr. Costas Boumis moved to close the Public Hearing, Mr. Vincent Buannano seconded the motion. Motion carried unanioumsly. BUSINESS MEETING: Mr. John Hughes, Village Attorney, discussed the issues raised by this application. Mr. Buannano stated that the law was not meant to cause economic loss to the residents of the Manor. Mr. Cappello referred to minutes of April 1968, August 1965, August 77 and August 79 whereby the Zoning Board approved similar applications regarding area variances in Sleepy Hollow Manor that came before them. Mr. Frank Paolantonio moved to have a Special meeting on December 11, 1990 at 7:00 PM to discuss this further. Costas Boumis seconded the motion. Motion passed unanioumsly. IN THE MATTER OF ROGELIO CAMPOS. 60 CLINTON STREET, NO. TARRYTOWN, N. Y. This is a continuation of last month's hearing. PUBLIC HEARING: Mr. Miguel Jiminez spoke against the variance to Zoning code Sectionm 62-20 and requested that the building be inspected by the County Department of Health and also have a fire inspection. A mumber of merchants spoke against granting the variance citing that the Village has too many food and bar establishments now, and any additional food business would hurt current businesses, which are already suffering from the downturn in economic trends. 30 �V A motion to close the Public Hearing was made by John Morabito and seconded by Mr. Buannano. Motion passed unanioumsly. BUSINESS MEETING: Mr. Hughes indicated that the question before the Board was whether or not there was a nonconforming use at this property which use has not ceased for a period of one year or more. If there is such a non-conforming use, it may continue but may not be changed or enlarged. The business which existed, known as "Carol's Kitchen" or its successor may only continue to provide that exact type of food service as it did as of the effective date of the ordinance. If the applicant proposes a different type of food service business at this location, it must apply for a variance. The applicant, Mr. Rodriquez, said that he would review his options and make a decision. At this point a public hearing was started regarding the Leoncio Molina matter and it was discovered that the attorney failed to provide proof of Affidavits of Receipts. Also proofs of Affidavits could not be provided for the other two items on the agenda (Balbina Triana and Amilcar Ferreira), therefore the meeting came to close. Being no further business, meeting adjourned at 10:05 PM. Respectfully submitted, Francesca Lorerfs Recording Secretary 31 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1990 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1990-11-29 Subject The topic of the resource Zoning Board Minutes & Resolutions-1990 Date A point or period of time associated with an event in the lifecycle of the resource 1990 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/7a31e6dd9f164dea9ac0aa1fde15c150.pdf 3ed9e7fc63801c28082b176fb05f662d PDF Text Text \ I ' "• • Approved with respect to substance and form Village Attorrfey Dated: \-^•^'d?l Approved by the zoning Board of Appeals lairman or' Acting Chairman 'Dated: \^x\-°ix Filed with Deputy Clerk ^^ Clerk or*Deputy Clerk M Dated: il Q^sh/ \)JL(^J^ '(» ™° Date of Meeting * �# A Meeting of the Zoning Board was held on Tuesday, December 11, 1990 at 7:00 PM in Village Hall, North Tarrytown, New York. Members Present: Also Present: Jerome Fine, Chairman Vincent Bubnanno John Cappello Costas Boumis Frank Paolantonio James Karr John Morabito James Margotta, Building Inspector John J. Hughes, Village Attorney Chairman Jerome Fine called the meeting to order at 7:10 PM. IN THE MATTER OF AKIN, 2 8 EVERGREEN WAY, NORTH TARRYTOWN, NEW YORK. Jerome Fine, Chairman, mentioned that there are additional documents to be considered. One document is a list of the remaining lots in the R-2A Zone that are not yet developed. This is relevant to the Board's consideration of the character of the area. An additional map known as the "3rd alternate" was distributed by the applicant. The Board referred to this map in reaching its decision. In determining this matter, the Board made the following notations: Lot 2 is the improved lot shown on the 3rd alternate map as Tax Lot 2. Proposed Lot 1 is the unimproved lot requiring the area variance (consisting of Tax Lot 1 and; a part of Tax Lot 9). Proposed Lot 8 is the unimproved lot which conforms to the all area requirements (this proposed lot is shown on the map as consisting primarily of Tax Lot 9 and a portion of Tax Lot 8 ) . |i; ?B»-i«?>—fZ%£'^,-c~ &?i-irt£ r f t ^ r f i ^ J ' i ^ I ^ S a i B C s S ^ ^ �At this time during the meeting, the Board discussed the requirements for granting an area variance. The Board referred the minutes of a 1967 meeting of the Board of Trustees wherein Mr. Akin was led to believe that his lots would be exempt from the Zoning Amendment. Mr. Buonanno mentioned that he was in favor of granting the variance. It was clearly the intent of the Board of Trustees that the zoning amendment not apply to pre-existing subdivided lots. In addition, Mr. Buonanno referred to the fact that several variances have been granted since 1967. Mr. Paolantonio was also in favor of granting the application. He bases his decision upon a reading of the minutes of 1967. Mr. Cappello agreed that the application should be approved, based upon the minutes of the 1967 amendment to the Zoning Law. Mr. Boumis also agreed with the interpretation of minutes of 1967. Mr. Karr stated that he was in favor of granting of the variance and thought that it was intended to build on the lot someday. Mr. Morabito v/ill vote in favor if certain conditions are imposed. Mr. Hughes discussed with the Board the requirements for an area variance and the Board reviewed them in the following manner: 1. Whether the variance would detrimentally alter the character of the area or effect a substantial change in the character of the area. On this question, the Board noted the following: A. A survey of the improved lots in the R-2A zoning district showed 201 lots. Of these 201 lots, 69 lots contain less than the required minimum area of 15,000 sq.ft. Effectively 34% of the lots in Sleepy Hollow Manor (which comprises the R-2A zone) are substandard. B. Sleepy Hollow Manor, which comprises the R-2A Zone, is a mature, well established subdivision. It consists of single family residences, built primarily from the early 1930's through the early 1960's. Based on a count of the Building Inspector and Village Assessor, approximately 18 unimproved but 2 �subdivided building lots are remaining. A survey by the Building Inspector reveals that many of these lots cannot.be developed due to irregular shapes, topographical conditions(i.e. slope,etc.) presence of rock, etc. In addition, some of the remaining lots have been split in half by the contiguous owners. There is one large undeveloped and subdivided parcel, which contains several acres. The Board noted that all previous application for variances from the area requirements of the R-2A Zone in Sleepy Hollow Manor, save one, have been granted in the past. As to proposed Lot 1, which is at issue here, the proposed lot area contains approximately 13,569 sq.ft, and is therefore approximately 9% short of the required area. The Board does not consider this to be substantial deviation from the requirements of the Zoning Code. The Board noted that there exist several non-conformihg developed lots in the immediate vicinity of this proposed lot. The proposed lot and the residence to be situated thereon will meet all other requirements for the zoning district. The Board notes that the typical residences in the area contain 2000-4,000 square feet. The proposed lot will accommodate a house with approximatley 2,700 sq.ft.,. which will be in keeping with the general character of homes in the area. The Board also takes note of the comments of many neighbors who are concerned that the development of this lot will negatively affect the area and the value of their homes. No specific facts are offered as to how this negative effect will occur. The Board regrets the loss of green space. The Board does not agree that the development of the proposed lot will detrimentally alter the character of the neighborhood. The Board notes that several of the neighbors who object to the development of this lot own residences situated on 3 �non-conforming lots, with areas less than the area required by the ordinance and in some cases, less than that in the contained in the proposed lot. Whether the magnitude of the variance is substantial in relation to the requirement. The proposed lot contains 13,569 sq. ft. and is, therefore, 9% short of the required area for a building lot. The Board determines that, owing to the existing character of the area, where several homes are situated on lots containing less than 15,000 sq.ft. and in many cases, less area than the proposed lot, the variance requested is not substantial in comparison to the requirement. Additionally, the Board notes that the only variance requested is one of area. There are no other variances requested or required in connection with the development of this proposed lot. Whether there is an effect of an increase in population on governmental services. Lot 8 (as shown on the site plan), which meets all requirements of the Zoning Ordinance, and Lot 1 are the only lots proposed to be developed. Since there are only two single family houses proposed to be built on these lots, and only one lot require a variance, there will be an extremely small increase in demand for governmental services. As this subdivision is mature and all governmental services(i.e. fire, police, sanitation, sewer, water) are already provided,the additional demand for governmental services generated by this development will be inconsequential. Whether the proposed lots meet all other requirements of the Zoning Code. The;Board finds , in examining the site plan that suitable size homes, containing approximately 2,750 sq.ft and 3,000 sq.ft. can be built on the lots without any additional variances. The only variance required is one for area in connection with Lot No. 1. �Whether the practical difficulty complained of can be avoided by means other than "a variance. The Board finds that since there is no other property available, there is no alternative to the variance if the Board determines to grant the applicant the relief he seeks. Whether the interests of justice are served by granting this application. The Board has considered the effect of the 1967 Amendment to the zoning code increasi'rig~ the area requirements of the R-2 A District from 10,000 to 15,000 sq. ft. With respect to Lot 1, the legal effect of this amendment was to render it unusable as a separate building lot. ( Under the Village Law, lots made non-coriformirig by a change in the area requirements must be developed within three (3) years of the date of enactment of the amendment. Clearly this was not done.) The Board is also mindful of the minutes of a meeting of the Board of Trustees, dated October 29, 1967 and December 18, 19 67 when the amendment was passed. A copy of the minutes of the 19 67 meeting are attached hereto. The Board of Trustees in 1967 represented to Mr. Akin, among others, that their lots would not be affected by the amendment,t even though their lots are clearly within the zoning district where the zoning requirements for a building lot were changed from 10,000 to 15;000 sq. ft. Apparently, in 1967, one large property owner intended to develop his property and the amendment was passed in reaction to this intention. The 1967 Board of Trustees were misguided into believing that they could increase the requirements of the zoning district without affecting all owners of property within the district. ^.^..^Si^SSfc^^ jj^^ii^^^^^^mii^^^^^^is^^s^^^^g^i^^^^^^^^^i^^^ �There is no question that Mr. Akin and others relied on this representation and acquiesced in the enactment of this amendment to the Zoning Ordinance. The Board also notes that, since the enactment of the amendment, all applications to build on lots made substandard by the amendment, have been referred to the Zoning Board for relief and all applications, save one, have been granted. In the case of the one denial, the Board denied the application on the grounds the unimproved lot could not be developed without violating yard requirements of the Zoning Code. In this application, as in the previous cases where variances were granted, a residence of a suitable size can be constructed without violating any yard requirements. Only the area requirement of the Zoning Code cannot be met. For these reasons, the Board determines that it is in the overall interest of justice that the variance be granted. Whether the Board is granting this variance, acts in a legislative capacity. The 1967 amendment, increasing the area requirements from 10,000 to 15,000 sq.ft., is a clear example of the difficulties of rezoning a mature, well developed area. In 19 67, this area was well established. There has been relatively little new development in the area since 1967. The purpose of the Zoning Board is to grant relief from the strict application of the Zoning "Code where circumstances warrant and legally sufficient reasons exist. Each application must be decided on a case by case basis. �# 8. Whether the applicant has demonstrated economic hardship. The Board is mindful of court decisions in connection with the requirement of demonstrating economic hardship in an application for an area variance. In Conley v. Town:of Brobkhaven, 4 0 N.Y. 2d. 3 09, the Court of Appeals held that financial hardship is one factor that may be considered but, by itself, it is hot determinative. A change of area may be granted on the ground of practical difficulties alone, without considering whether or not there is unnecessary hardship. People ex re. Helvetia Realty Co. v. Leo 231 N.Y. 619. In the absence of a statutory provision to the contrary, special hardship need not be established as a condition to granting an area variance. 359 West 34th St. v. Board of State arid Appeals of the City of N.Y. 279 App. Div. 1032, affd. 305 N.Y. 878. The applicant here purchased the property known as Lot No. 1 in 1941. An approximate purchase price of $500.00 in 1941 has been derived by reference to deed stamps. The neighbors argue, in opposition to the application, that the applicant, in seeking the variance, simply wants to derive more profit from the property. The Board is aware that increased profit to the applicant is not a basis to support the granting of an area variance. The applicant relies on the case of Fulling v. Palumbo. 21 N.Y. 2d 30, where the Court of Appeals held that once the applicant has established economic injury, the zoning standard can be justified only by showing that the public health, safety and welfare will be served by upholding the application of the standard. In this case, the Board finds that the applicant-'--has not demonstrated an actual "dollars arid cents" economic injury. That does not mean that the variance must be denied. It simply means that the municipality does not now have the burden to demonstrate some legitimate purpose by enforcing the area standard. �The Board has examined an appraisal by John P. Streb and Sons. The appraisal states, that if the subject lot cannot be built upon, it has value only as a side yard to the adjacent lot, with an increased tax burden to the land owner. In addition, the result of denial of this variance application would be one building lot with approximately 28,500 sq.ft.,(combining Lots 1 and 8) , an area far greater than almost all of the other existing lots in the area. The Board finds that to create only one building lot containing over 28,500 sq.ft. would not be in keeping with the character of the neighborhood. To render Lot 1 unbuildable arid as a sideyard to Lot 8 is not viable since Lot 8 can already be built upon without any area or yard variances whatsoever. The Board concludes that Lot 1, as shown on the site plan, has no viable use as a sideyard and cannot yield any reasonable return to the owner without the variance. In making this finding, the Board follows the Conley case, cited supra, and views the economic injury to the applicant as only one factor in determining whether to grant the area variance. 9. Whether the premises is unique in nature or that there are special circumstances or conditions which apply which do not generally apply to the land or buildings in the neighborhood. The Board finds that the lot in question, is unique in that it constitutes one of the last viable building lots existing in Sleepy Hollow Manor. A review of the R-2A Zoning District shows very few building lots remaining and even fewer which possess the characteristics of this lot with less than 15,000 sq. ft. but containing sufficient area that a house of suitable size and dimension can be built without violating any yard requirements. 8 �At this point the concept of "merger" and "single and separate ownership" was discussed and Mr. Hughes asked the Board to delay final decision on this matter until he researched the matter. A motion was made by Mr. Paolantonio- to table the application until the next meeting for the purpose of determination of the concept of "merger" and other related concerns. The motion seconded by Jerome Fine and motion was carried by a unanimous vote. There being no further business the meeting ended at 8:35. Respectfully submitted, Christine A. Yurkovic Recording Secretary 9 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1990 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1990-12-11 Subject The topic of the resource Zoning Board Minutes & Resolutions-1990 Date A point or period of time associated with an event in the lifecycle of the resource 1990 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/cb82c5fedc09acf9816e10c1f7b600ed.pdf 571d22d4f1ece7b9b649afa3ff0b8fc5 PDF Text Text v - y Approved with respect to substance and form: •liig^t^S^^' V: Dated: i-zf.- «=J/ Approved by the Zoning Board of Appeals „W v Lirman o r A c t i n g Chairman fated: i-ii-^4 F i l e d w i t h Deputy Clerk Clerk o r Deputy Clerk Dated: /J^SL/9/ Date of Meeting �t A MEETING OF THE ZONING BOARD WAS HELD ON WEDNESDAY, DECEMBER 19, 1990, AT 7:00 P.M., IN VILLAGE HALL, NORTH TARRYTOWN, NEW YORK. Members Present: Also Present: Jerome Fine, Chairman Vincent Buonanno John Cappello Costas Boumis Frank Paolantonio James Karr John Morabito James Margotta, Building Inspector John J. Hughes, Village Attorney IN THE MATTER OF AKIN, 2 8 EVERGREEN WAY, NORTH TARRYTOWN, NEW YORK. 10. Whether Tax Lots 1, 2 and 8 have been merged so that variances for Lot 2 and a subdivision are required. The applicant has presented copies of three (3) deeds to the premises: 1. Deed to Lot 8 - dated September 17, 1948 from Baker, Evans and Company to Elizabeth D. Akin, grantee; 2. Deed to Lot 2 - dated June 5, 1946 from Robert M. Akin, Jr., grantor, to Robert M. Akin, Jr. and Elizabeth M. Akin, his wife, grantees; 3. Deed to Lot 1 - dated October 26, 1953 from Thomas T. Margotta, grantor, to Elizabeth Denton Akin, grantee. These deeds remain in full force and effect as there have been no subsequent transfers. The Board noted that Tax Lot 2 is improved with a single family residence. The Lot consists of approximately 12,500 square feet. An addition was added in 1958 (a copy of the ledger for building permits is attached). The addition is constructed in such a manner as to be situated, at one point, approximately 2 1/2 feet from the rear property line. The Board also noted, at the onset, that the lots designated on the tax assessment roll of the Village as Tax Lots 1, 2, and 8 are subdivided lots. Prior to the enactment of the 1967 zoning amendment, all conformed to the area requirement of the Zoning code by containing, in all three cases, more than the minimum 10,000 sq. ft. in area. 1 �In determining to grant an area variance to Tax Lot 1, the Board must consider the consequences of the "merger" or "single and separate ownership" doctrine and its applicability to Tax Lot 1, 2 and 8. Mr. Hughes, Village Attorney, noted the Village's zoning code and the definition of nonconforming lot, as found in Section 62-4: A zone lot in single ownership which does not conform to the minimum area arid/or 'dimension required in the district where such lot is located or for any special permit use, as the case may be, and where the owner of said lots does not own any adjoining property, the subdivision of which could create one (1) more conforming lots. Mr. Hughes noted that the definition of non-conforming lot will not apply unless the substandard lot is isolated and under single and separate ownership. The owner may not own adjacent lots which, if combined, would satisfy the zoning ordinance's area or dimensional requirement. Mr. Hughes noted two cases to the Board which hold that even where the owner of a substandard lot also owns an adjacent lot or lots with his wife as tenants byvthe entirety, the ownership- of the lot is considered single anPfseparate. The cases are Edlu Custom Builders, Inc. vs.. Young and Barbara Homes vs. Michaelis, both decided in 1958 by the Supreme Court in Nassau County. Although they are not Appellate Division cases, they are cited in three noted treatises; to wit, Anderson, New York Zoning and Rohan, Zoning and Land Use Law and Rathko, Law of Zoning and Planning. Applying the cases to the one before the Board, it is clear that in 1967 when the amendment was enacted, Mrs. Elizabeth Akin owned Lots 1 and 8 by herself. Lot 2, the improved lot, was owned by Mr. and Mrs. Akin, as husband and wife. Following the reasoning of these cases, the Board finds that Lot 2 is a nonconforming lot, within the meaning of the definition found at Section 62-4 of the Code, for the following reasons: (1) On the effective date of the.amendment, lot 2 was an improved lot in single and separate ownership. As a result of the amendment, it was made not to conform to the new minimum area requirements of the district, and (2) The owner does not own any adjoining property, the subdivision of which could create one or more conforming lots. :^.-;i^%£4*.J»-J4!2f3£S &v^fE^Ui>£i^^£ds^5ii^^aj^£%^%^aft^^iE& �11. What is the impact of the garage addition situated on Lot 2? The Board then discussed the addition to the building on Lot 2, which addition was constructed in 1958. A site inspection reveals that the addition is located approximately 2 feet from the boundary between lots 2 and 8. The Board finds that it was clearly an error of the Building Inspector in 1958 to issue a building permit for the construction of the addition so close to the rear yard. The Board is reluctant to request that any action be taken at this time for the following reasons: 12. (1) The addition was constructed under a valid building permit; (2) The addition has stood for approximately 3 2 years; (3) The only area which will be affected by this encroachment is Lot 8, now unimproved. The Board notes, in this regard, that Lot 8 has an ample yard and this yard may be used by a future owner of Lot 8 to separate its residence from the residence situated on Lot 2. What is the impact of the "merger" and single and separate ownership^doctrines on Lots 1 and 8? The Board also discussed the merger doctrine and its applicability to Lots 1 and 8, owned by Elizabeth Akin alone. By application of this doctrine, as discussed supra, Lots 1 and 8 are merged to form one building lot consisting of approximately 28,500 sq.ft. The applicant seeks to create two (2) building lots and in order to do so, must subdivide Lot 1 from Lot 8. In addition, as previously discussed, an area variance is required for Lot 1. In determining the line of subdivision between Lot 1 and Lot 8 and, therefore, the extent of the area variance to be granted, the Board is guided by the requirement that the area variance be the minimum required. The Board adopts the proposed map marked "3rd Alternate" which shows proposed Lot 8 as a conforming lot with 15,010.76 sq. ft. (and a proposed home containing 3,000+ sq. ft.) and Tax Lot l with 13569.57 sq. ft. (and a proposed home containing 2710+ sq. ft.). The Board, for all of the aforementioned reasons cited at length herein, determines that this configuration of the lots will most closely meet the requirement that the variance be "de minimus". . „• -. .^i-^, ,*„ „-;r|-i™i~i.Wrt1lvj»,. if.^i.-v.- ^^^z^^^^^-^t^^-ib^^^iAs^j^^jiia^i^ i?£^k%**£=sA&mj!Sgi �DETERMINATION OF THE ZONING BOARD. At this point, the Board determined whether any additional issues needed to be addressed. There being none, the Board determined to include all of the findings of this meeting and the meeting of December 11, 1990 in its resolution. Mr. Buonanno moved to grant the variance, seconded by Mr. Cappello. On the discussion of the motion, the Board agreed that the resolution will incorporate all finding made at this meeting and at the previous meeting on this matter on December 11, 1990. The Board agreed that the applicant had demonstrated the requisite practical difficulties, so that an area variance may be granted. In addition, the Board imposed the following conditions on the granting of the variance: (1) That the matter be referred to the Planning Board for a subdivision where Lot 1 will contain 13,569 sq. ft. and Lot 8 will contain 15,010.76 sq. ft., pursuant to the 3rd Alternate Map submitted by the Applicant. (2) That the matter then be referred to the Architectural Review Board where the homes proposed to be built should contain that amount of square feet so that they are in keeping with the character of the neighborhood. (3) That, at the discretion of the Planning Board, a tree survey be commissioned to retain as many of the existing trees as possible and to provide sufficient buffering so that there will be an enhancement of the aesthetic nature of the neighborhood. (4) That, at the discretion of the Planning Board, the driveway to Lot 1 be located in such a manner as to provide maximum visibility for traffic. The Board voted on the motion as follows: Mr. Mr. Mr. Mr. Mr. Mr. Mr. Cappello Buonanno Karr Boumis Morabito Fine Paolantonio aye aye aye aye aye aye aye The vote being unanimous, the motion to grant the variance is carried. £ ^-i^^'>ii^^»j^Ji^m&-is^!^i^^S^^^^^^i^^^£^^^^^^^^^^^' �• • At this point, the Board adopted the required findings pursuant to the State Environmental Quality Review Act and Article 8 of the Environmental Conservation Law as follows: RESOLVED: That the Zoning Board hereby declares itself to be lead agency in determining the environmental consequences of granting an area variance and that the - Zoning Board has examined a Short Environmental Assessment form and declares that this is an unlisted action pursuant to Article 8 of the Environmental Conservation Law and Part 617 of the Rules and Regulations promulgated thereunder and this action will not, in and of itself, have a significant effect on the environment. This resolution is a Negative Declaration for the purpose of Article 8 of the Environmental Conservation Law, Local Law Environmental Quality Review Act of the Village of North Tarrytown and will be kept on file at the Village Hall and be available for public examination. As a point of final discussion on this matter, the Board noted that this was a difficult case where the Board was called upon to exercise its judgment and to consider arid weigh several factors in reaching its decision. All submissions are numbered as Exhibits 1-24 and are incorporated in the record of this proceeding. 5 �» * ft - - .2.' In the Matter of Steven Blaha, 23 Hudson Street-Certificate of Occupancy for a 4-family residence. Mr. Blaha presented Affidavit of Prooij of Service to Clerk as required by the Ordinance. Clerk read the Public Notice to hearVarid consider an appeal of Stephen Blaha, 86 Hilltop Road, Ardsley, N.Y from a decision of the Building Inspectorvin denying'a Certificate of Occupancy for a four-family residence at 23 Hudson'Street, North Tarrytown, N.Y. duly known arid designated as Section 16, Block 2, Lot 21. Property record cards indicate.the property as a two; family residence. , "' - . .' Chairman Fine asked if there was anyone present who would like to address the Board on the matter. Mr. Blaha stated that the property was previously owned by his late parents. The building has four apartments, one that had been occupied by his parents, one by his sister and her family, one by himself and one rented to a tenant. If was purchased in 1923 and has always been a four-family residence. Mr. Edward Olivieri, 24 Hudson Street stated that he objected to the grantingof a Certificate of Occupancy.as the area was over crowded with people and cars. He felt that Mr. Blaha should provide parking for his tenants in the adjacent lot. Mr. Blaha stated there were 21 houses on Hudson Street and he recently counted 31 cars parked on:the street. Many of the properties have driveways, but owners and tenants do not park their care in them. The area has always been multi-family and cars have always parked on the street. There being.no further comments, Mr. Buonanno moved, seconded by Mr. Morabito that the hearing be closed. Carried. BUSINESS MEETING: Mr. Buonanno stated that he was familiar with the area having lived there for many years arid he recalled Mr. Blaha's parents and sister living there along with Mr. Blaha. After a discussion Mr. Bubnaririo moved, seconded by Mr. Karr that, based upon the affidavits submitted, a ruling be made that the property be listed as a four-family dwelling on the village tax records, and that the records be changed. Carried. 3. In the Matter,of Sosa Construction, 60 & 62 Hudson Terrace, Certificate of Occupancy for two two-family homes. Clerk read the Public Notice to hear and consider an �"appeal of Sosa Construction Company, 40 Church S t r e e t , Tarry town, N.Y. from a decision of t h e Building Inspector in denying a Certificate o f Occupancy for two two-family houses a t 60 & 62 Hudson Terrace, North Tarrytown, N.Y. duly known and designated as Section 17, Block 13,. Lots 10 and 1 0 . 1 . - ,, :Section 62-8B, Schedule of Regulations requires a rear year s e t back of 25 f t . The rear yard s e t back o f 60 Hudson Terrace extends 20 ft. instead o f t h e required 25 ft.; and t h e rear yard set back of 62 Hudson'Terrace extends 23 f t . , instead of t h e required 25 ft. M r . Fine asked/if there w a s anyone present w h o would like to address t h e Board on t h e m a t t e r . M r . Arthur Litt stated h e represented M r . S a m V i e r a , principal of Sosa Construction Company. He stated that M r . Viera was visiting his aging mother in P o r t u g a l . He stated thfet M r . Viera had constructed t h e t w o dwellings arid while-under construction felt,that t h e t w o decks were n o t large enough. H e conferred"with t h e Building Inspector arid decided to enlarge them. In so doing, h e m a d e t h e d e c k s slightly larger than permitted by t h e ordinance. A temporary c.o. had been issued and t h e apartments were rented, and h e is n o w respectfully requesting a variance t o cover t h e e r r o r . Mr. Brian Slavin, owner o f the,;property ori t h e north side of the property in q u e s t i o n , stated there w e r e other violations other than the deck regarding t h e air-cbriditioriirig u n i t s . H e : .; stated h e initially supported t h e sub-division because t h e property had been in a deteriorated condition. Since t h e construction began, there have been so-many1 problems arid ; it looks like;the premises will eventually become a three-family h o u s e . H e i s . against the variance being granted. . H e stated;Mr. V i e r a is-a-'* contractor and should have known that t h e decks w e r e t o o large. -"> M r . Litt stated t h a t ; there h a s ; been^a running• battle ;... during t h e two years o f construction and;Mr. Viera> h a s conformed to t h e Zoning Ordinance except f o r t h e rear yard r e s t r i c t i o n . Mrs. the variance. Peggy Slavin •; also spoke against t h e granting*of . - • *-/.;'.. .-/'.' ?;'-'••. . There being n o further comments M r . Cappello m o v e d , seconded by M r . Karr that t h e hearing b e closed. Carried. ^:^ ;.:,; BUSINESS MEETING: " ,^ -* f -;^H\ Mr. Cappello stated that if therex w e r e other v i o l a t i o n s , w e should consider them before granting a v a r i a n c e / ' ; ./ M r . Buoriaririo'stated w e s h o u l d : b e concerned f o n l y with the variance requested. ; M r . Margotta stated w e should,request M r . f Viera to have a survey outlining t h e position o f t h e a i r - c o n d i t i o n e r s . �. Mr. Cappello stated he felt this was a self-inflicted problem and the contractor should be made to rectify the situation. Mr. Karr stated that the Slavin's keep their property in good condition and the contractor should do the same. Mr. Cappello moved, seconded by Mr. Karr that the variance be denied. Carried. After a discussion, Mr. Cappello moved, seconded by Mr. Buonanno that the motion be rescinded and that the Building Inspector look into the matter and report back at the next meeting. Carried. 4. In the Matter of Leoncio Molina, 15 College Avenue-Two apartments in basemend and sub-divide another apartment. Clerk read the Public Notice to hear and consider an appeal of Leoncio Molina, 15 College Avenue, North Tarrytown, N.Y. from a decision of the Building Inspector in denying a Building Permit to erect and construct two apartments in the basement and sub-dividing another apartment on the second floor (east) at 15 College Avenue, North Tarrytown, N.Y., known and duly designated on Village Tax Assessment Map as Section 16, Block 5k, Lot 8. Sec. 62-34-Building-Permits-states"that no'person shall erect, alter or convert any structure or building or part thereof, or alter until a building permit has been issued by the Building Inspector. This * provision shall also'apply to all repairs exceeding One Hundred Dollars ($100.00) in cost. Mr. Fine asked if there was anyone present who would like to address the Board. , Ms. Alvia Gomez-Riefkohl, Attorney for* Mr. Molina, presented Affidavit of Proof of Service to:the clerk. She ;added that the premises was purchased by Mr. Molina;in 1981[as an 8-family dwelling and had been'used as an 8-family dwelling since at least 1943. She presented affidavits by the previous owners, the Marrapodi family. She stated'that Mrs. Marrapodi still resides at the premises. , She stated that a ruling should be made regarding-the premises as to whether it was ["non-corif orming". or whetrier it was to be covered under the "grandfather section" of the ordinance. She respectfully7asked the Board to fender such a decision. Mr.;: Fin<e stated he had received a 'communication from the Washburn family, whose property abuts the Molina property. They registered their various "objections to;the granting of the Molina requests. (Copy'in Official Minutes). -• /•;MarioBelanich, No. Washington Street, stated he was against; the {granting'-of the variance due to the problems with noise and the fixing.of*cars and motorcycles, etc. EdnajBelanich,\No. WashingtonStreet stated she agreed', with the Washburns and stated that the neighborhood was in a declining �state. She also stated that the garages are utilized by persons other than tenants of the building. There being no further comments Mr. Buonanno moved, seconded by Mr. Morabito that the hearing be closed. Carried. BUSINESS SESSION: Mr. Margotta stated that the apartments were illegal and Mr. Molina applied for a building permit to make them legal. He denied the application. He stated he could only find records indicating permits from a one-family to a three-family dwelling. Mr. Cappello asked if the apartments in the basement could be made to comply with the code. After a discussion, Mr. Margotta was instructed to prepare a list of violations to present to the Board at the next meeting. Mr. Boumis stated that after the war many homes were., converted and it seems most of them were converted illegally arid without permits to escape being reassessed. Mr. Karr stated they were paying taxes on a three-family house for many years. The Board stated they would inspect the premises arid consider the application at the next meeting. * 5. In the Matter of Balbina Triana, 144 Beekman Avenue-BuiId an apartment in the rear garage. , *. Clerk read the Public Notice to hear.and consider an appeal of Balbina Triana, 144 Beekman Avenue, North Tarrytown, N.Y. from a decision of the Building Inspector in denying a building, permit to build an apartment in the rear garage^of said property, known and designated as Section 16, Block 5, Lot 10 on Village Tax Assessment Map. Article IV; Sec. 62-7C of the Zoning Code 'states that there can be no more than:one (1) principal residential building and its accessory buildings shall hereafter^be erected on any one lot. The garage is considered an accessory building. Ms. Alvia L. Gomez-Riefkohl, Attorney%for Mrs. Triana, presented Affidavit of Proof of Service1to the,Clerk. She stated that an'application had been made in 1985 and was granted, permitting the construction of an apartment for a handicapped'person. y Since then, due to marital problems, the permit had , lapsed and they were requesting renewal of the permit, stating that Mrs; Triana is in need of the income that the apartment would generate. • Mr. Hughes stated that "• he had represented;Mr. Triana in legal matters and would excuse himself from participating in the hearing. •--..t- J;--L«"5 ;,-*:'.* .^Si-a^i..^ •*iri„se>*«iJfi^j>£*f-i'Mf*ih^S^>*^^*^: W?^,r sJV^riC^: L- fe^^pS%^ .^"t *&•* &<%» s^K-^j^ - zd. ^"S^fe* i^Js&MSf^-Z&l^ �The clerk,read a letter from Walter Koval, 166 Beekmah Avenue stating his objections to granting permission to erect an apartment in the garage. He stated the garage should be used for cars generated by the premises. The Clerk read a letter from Edward and Susan McCarthy 2 Andrews Lane, North Tarrytown stating they were opposed to the granting a permit for the construction of an apartment in the garage. Ms. Riefkohl stated there was ample parking on the property for all cars of tenants living on the premises. by Mr. There being no further comments Mr. Morabito moved, seconded Karr that the hearing be closed. Carried. BUSINESS MEETING: Mr. Margotta stated that Mrs. Triana had renovated the garage without a building permit, no plumbing permits and no electrical permits. If the apartment was to be used for the handicapped it would;have to be adapted for a handicapped person. No plans for such have been filed. He also stated there was someone living in the garage. Mrs. Triana denied this and stated her cousin stayed there and took care of the property for her as she is not well. • Mr?. Cappello stated that no permits were issued and they were breaking the law by allowing someone to live there. Mr. Karr stated he would support the Building Inspector and deny the variance. After a discussion Mr. Morabito moved, seconded by Mr. Paolontaonio that the variance be denied. A discussion followed and the Board felt legal assistance was required. Thereupon Mr. Morabito moved, * seconded by"Mr. Paolantonio that their motion to deny the variance be rescinded. Carried. Mr. Cappello moved, seconded by Mr. Paolantonio that the hearing be continued to the next meeting and that the Building Inspector be instructed to inspect the garage and report his findings at the next Board meeting. Carried. 6. In the matter of Amilcar Ferreira, 139 Cortlandt Street-Add a second, floor apartment. . " . ', .- - ' .' • /: Mr. Fine read the Public Notice to hear and consider an appeal of Amilcar Ferreira, 145 Sheldon Avenue,.Tarrytown, N.Y. from a decision of the Building Inspector in denying a building permit to add a second floor^apartment to his buildingrat 139 Cor tlandt Street, North f Tarry town, N. Y ; ,' duly known and designated on Village Tax Assessment Map as Section 16, Block'9, Lot 3. Section 62-8B, Schedule of Regulations, requires a A;i:*-«in.l, �* » * . , * 25'-0 rear yard setback, while the proposed plans indicate no rear yard set back. Mr. Steven Bettman, Attorney for Mr. Ferreira presented Affidavit of Proof of Service to the Clerk. Mr. Bettman* stated that the property was built in 1934 and was owned by the Soriano family and was always a two-family residence. Mrs. Yetta Schwartz, Cortlandt Street stated that she was the owner of Alter's Bakery which was across the street from the property and she knew it as a two-family residence. Mrs. Mary Pastell,Elm Street stated she was a friend of the Soriano family and knew the house to be a two-family residence. Mrs. Margaret Kantrowicz, Cedar Street also knew the house to be two-family residence. There being no further comments Mr. Cappellomoved, seconded by Mr. Buohanno that the hearing be closed. Carried. BUSINESS SESSION; Mr. Cappello stated he lived on Cortlandt Street for many years arid knew the Soriano family and wwas'aware the premises were always a two-family dwelling. Mr. Boumis inquired as to violations on the property. Mr. Margotta stated there were no violations. After a discussion, Mr. Boumis moved, seconded by Mr. Morabito that the Board approve the application to find the premises at 139 Cortlandt Street a legal non-conforming two-family residence. Carried. APPROVAL OF MINUTES Mr. Morabito moved, seconded by Mr. Karr that the minutes of the meeting held on November 29, 1990 be accepted as presented. Carried. There being no.further business to come before the meeting Mr. Karr moved, seconded by Mr. Morabito'that the same be adjourned. Carried. Mr. Fine stated that the next meeting of the Board would be held on January 16th, 1991. Respectfully submitted, Irene Amato Acting Clerk �Exhibit 1 Application for Variance 2 Short Environmental Assessment Form 3 Minutes of Board of Trustees Meetings October 2, 1967 and January 18, 1967 4 Power of Attorney - Elizabeth Akin to William Akin 5 Minutes of Zoning Board of Appeals March 13, 198 6; June 27, 1985; November 13, 1973 6 Letter dated November 15, 1990 from Duffy and Watkins 7 Memorandum dated November 1, 1990 from George A. O'Hanlon 8 Letter dated October 16, 1990 from Reilly and Lewis, Esqs. (incorporating previous minutes) 9 Memorandum from Melissa Moran dated December 13, 1990 10 Letter dated November 13, 1990 and December 11, 1990 from John P. Streb and Sons 11 Copy of tax bills on properties 12 Copy of Tax Map - shaded to show lots with less than 15,000 sq. ft. 13 Summary prepared by Chas. Riley, Land Surveyor of all lots with less than 15,000 sq. ft. 14 Letter dated November 6, 1990 from Edward Strecklein, architect 15 Letter dated November 27, 1990 from Riley Lewis, Esq. 16 Memorandum from Building Inspector showing lots which are undeveloped in Sleepy Hollow Manor 17 Memorandum from Building Inspector, dated December 12, . 1990 showing lots in Sleepy Hollow Manor which could be developed ^^^g^^^j^iji^.^^^ �18 Letter dated December 13, 1990 from Duffy and Watkins 19 Letter dated December 11, 1990 from Duffy and Watkins 20 Deeds dated.October 2, 1953, September 17, 1941, June 5, 194 6 showing title to all of parcels 21 Map dated November 1, 1990 22 Second alternate Map dated November 14, 1990 23 Third alternate Map dated December 4, 1990 24 Copy of Register of Building Permits - 1958 7 �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: Akin 2. Premises: 28 Evergreen Way Project: Area Variance - 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 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: / V 'X> ' °[0 Village Counsel �RESOLVED: #/ * *1. The Zoning Board of Appeals (the "Board") of the Village « of North Tarrytown hereby designates itself "Lead Agnecy" for purpose of considering the environmental effects of the following project: 2. Applicant: Ferreira Premises: 139 Cortland Street Project: 2 family use The Board has examined a Short Environmental Assessment Form prepared by the applicant. 3. The action as above described is an unlisted action pursuant to Article 8 of the Environmental Conservation Law and Part 617 of the Rules and Regulations promulgated thereunder, and will, in and of itself, not have a significant effect on the environment, so that no Environmental Impact Statement is required or need be filled therefor. 4. Nothing herein contained, however, shall be deemed to indicate or suggest that subsequent submissions for development of the property will not require the preparation and filing of for the Environmental Impact Statements. 5. This resolution is a Negative Declaration purposes of Article 8 of the Environmental Conservation Law, Local Law Environmental Quality Review Act for the Village of North Tarrytown, and will be kept on file at the Village Hall and be available for public examination. 1 Dated: l}y-ytfMp j-yoj Village Counsel � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1990 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1990-12-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-1990 Date A point or period of time associated with an event in the lifecycle of the resource 1990 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text