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ed with respect to substance and .fo^rm:
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Village Atto
Dated:
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Approved by the Zoning Board

*

Wj^-.'Zaa

Ctya^Lrman or • Acting Chairman

Filed with Village Clerk

Clerk or Deputy Clerk

Dated: J ^ r ^ Y ^

Date of Meeting

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�Zoning Board of Appeals
Regular Meeting
North Tarrytown, New York
December 18th, 1991

A regular meeting of the Zoning Board of Appeals was held
on the above date in the Village Hall, North Tarrytown, New
York.
PRESENT:

Jerome Fine, Chairman
Costas Bournis
John Morabito
Frank Paolontonio
Mary Galgano
Juan Pujdas
George Fitzpatrick

ALSO PRESENT: James Margotta, Building Inspector
Robert Spencer, Village Attorney
Chairman Fine called the meeting to order at 8:00 P.M.
E.J. Manca-16 Hudson Terrace-Conversion from one family to
two family.
The Clerk read the public notice to hear and consider an
application by E.J. Manca for a variance to permit the
conversion of premises know as 16 Hudson Terrace, North
Tarrytown, New York (Section 17, Block 13, Lots 4G &amp; 4V) from
a one family residence to a two family residence.
Chairman Fine asked if there was anyone present who would
like to address the Board.
Ron Turnquist, Architect representing the Manca Family,
presented affidavit of service to the Clerk. He outlined the
plans of the conversion and presented drawings to the Board.
He stated that the family would like to construct a bedroom
and bath on the first floor of the dwelling for a handicapped
relative. They would then create a second apartment which
would relieve the burden of the taxes and maintenance of the
house. He stated that most of the houses in the neighborhood
are two or more families.
There being no further comments Mr. Paolontonio moved,
seconded by Mr. Bournis that the hearing be closed. Carried
unanimously.
Business Meeting
A discussion followed regarding the staircase, tandem
parking and landscaping.

�Mr. Morabito moved, seconded by Mr. Fitzpatrick, that the
application for variance be granted as requested.
Mr. Fine polled the Board as follows:
Mr. Boumis
Mr. Morabito
Mr. PaolontonioMrs. Galgano
Mr. Pujadas
Mr. Fitzpatrick-

Abstain
Yes
Abstain
Yes
Abstain
Yes

Mr. Fine declared the motion carried.
John J. Minardi, 89 New Broadway-Permit the construction of
an addition to the residence.
The Clerk read the notice to hear and consider an
application by John J. Minardi for a variance to permit the
construction of an addition to the residence on premises known
as 89 New Broadway, North Tarrytown, New York, (Section 17,
Block 18, Lots 31 and 32) on a lot containing 3,840 square
feet (4,000 square feet is required).
Both side yards
together are 11.03 feet. Regulations, Part I requires both
side yards to be 12'.
Chairman Fine asked if there was anyone present who would
like to address the Board.
Ron Turnquist, Architect representing the Minardi family,
presented affidavit of service to the clerk. He presented
plans for the proposed addition which would create an
additional bedroom for a young family. The plans also include
a dining room and a deck which would face the west.
There being no further comments Mr. Morabito moved,
seconded by Mr. Boumis that the hearing be closed. Carried
with Frank Paolontonio abstain.
Business Meeting
Mrs. Galgano asked if the dwelling was a two or three
family dwelling. Mr. Turnquist stated it was now a two family
dwelling. There are rooms in the basement level, which were
erected in a previous addition.
Mr. Paolontonio stated that previous Zoning Board members
had inspected the premises and found another apartment in the
basement area. He stated the premises were non-conforming
when permit was granted for the first addition.
There being no further comments Mr. Boumis moved,
seconded by Mr. Morabito, that the variance be granted as
requested. The Board voted as follows:

�Mr. Boumis
Mr. Morabito
Mr. Paolontonio
Mrs. Galgano
Mr. Pujadas
Mr. Fitzpatrick

-

Yes
Yes
Abstain
Yes
Yes
Yes

Mr. Fine declared the motion carried.
Cassilda Requijo-278 North Washington Street-Variance from
sideyard requirements
The Clerk read the public notice to hear and consider an
application by Cassilda Requijo for a variance from the
sideyard requirements of Section 62-8(b) of the Zoning Code,
where a minimum 5 foot sideyard is required. The premises
known as 278 North Washington Street (Section 15, Block 13,
Lot 7), North Tarrytown, New York are situated 2.5 feet from
the northerly property line.
Chairman Fine asked if there was anyone present who would
like to address the Board.
John Hughes, Jr., representing the applicant, presented
affidavit of service to the clerk. He stated he appeared
before the Board some time ago and it was the purpose of that
application to establish the property as a non-conforming
three family property. He stated there was a fourth apartment
in the basement of the premises. His client has examined the
code regarding the use and we have decided to apply for an
area variance to make the fourth apartment legal. The Code
allows more than four families on this particular lot. The
only variance needed is 2.5 foot sideyard. The building is
situated 2.5. feet from the northerly sideyard and the code
requires 5 feet.
Mr. Fine questioned the purpose of the request of the
applicant.
Mr. Hughes stated they wanted to legalize the fourth
apartment. He stated that the origin of the fourth apartment
is unknown. Because of the location of the building on the
lot, an area variance is requested.
Mr. Margotta stated that the apartments will be brought
up to the Multi-Residence Code which predated the New York
State Building Code. He has met with the architect who will
be working on the project.
There being '• no further comments, Mr. Paolontonio moved,
seconded by Mr. Morabito, that the hearing be closed. Carried
unanimously.
Business Meeting

�A discussion followed regarding the fourth apartment.
Mr. Paolantonio moved, seconded by Mr. Morabito, that an
area variance be granted from the sideyard requirement of
Section 62-8(b) of the Zoning Code, where a minimum 5 foot
sideyard is required.
A sideyard of 2.5 feet from the
northerly property would be allowed. Carried unanimously.
Hudson Canyon Construction Co-281 North Broadway-Set Back,
and Variances and apartments
The Clerk read the public notice to hear and consider an
application by Hudson Canyon Construction Co. for the
following variances for the premises known as 281 North
Broadway, North Tarrytown, New York (Section 15, Block 14, Lot
16): use of portions of the building for residential
apartments or office space in a C-l Highway commercial zone
(permitted uses in a C-l zone do not include residential
apartments or office space); use of a driveway approximately
7 feet 6 inches in width (a minimum width of 10 feet is
required) ; no front yard setback (20 feet is required) ; use of
a loading area of 295 square feet (a loading area of 350
square feet with a minimum width of 10 feet is required) ; and
use of the loading area jointly for office and garage
occupancy.
Mr. Fine asked if there was anyone present who would like
to address the Board.
Mr. Dennis Fitzgerald, Attorney for Hudson Canyon, stated
the premises were vacant. The second floor of the building
had two apartments and the first floor had offices and a
storage garage. A number of variances would be needed. It
was the intention of Mr. Muldoon to make renovations and clean
up the area and make it a useful building. He has driveway
access to enable him access to his property behind the
building, although the driveway is less than ten (10) feet in
width.
Mr. Donald Caetano, Lawrence Avenue, stated that
consideration should be shown to the applicant as it would
clean up the area.
There being no further comments, Mr. Morabito moved,
seconded by Mr. Boumis, that the hearing be closed. Carried
unanimously.
Business Meeting
A discussion followed regarding the granting of
variances, the number of offices, walkways, ingress and egress
for the apartments, the size of the storage garage, lighting
and planting.

�It was stated that fifteen parking spaces will be added
in the rear of the building and the cosmetics of the building
will be improved, the large garage doors in the front of the
building will be removed and there will be an entrance at the
rear of the building.
Thereupon, Mr. Morabito moved, seconded by Mr.
Paolontonio, that a use variance be granted to permit the two
apartments, which were pre-existing, and to allow office space
on the first floor of the building as requested in the
application, and the various other variances requested be
granted.
It was also stipulated that the garage doors be
removed as submitted in the application.
Mr. Fine polled the Board as follows:
Mr. Boumis
Mr. Morabito
Mr. PaolontonioMrs. Galgano
Mr. Pujadas
Mr. Fitzpatrick-

Yes
Yes
Yes
Yes
Abstain
Yes

Mr. Fine declared the motion carried.
Nicholas Lester-147 Depeyster Street-Request for variances
The Clerk read the public notice to hear and consider an
application by Nicholas Lester for a variance for a front yard
setback of 11.82 feet (20.0 feet is required), sideyard
setback of no more than 0.20 feet (5.0 feet is required) , a
garage and shed with no rear yard setback (25 feet is
required) and the height of a fence on a side yard of 6.0 feet
(5.0 feet is the allowable maximum height) in connection with
the construction of an addition to the residence on premises
known as 147 Depeyster Street, North Tarrytown, New York
(Section 16, Block 5, Lot 28).
Property coverage is 48%.
coverage is required.

A maximum of 30% property

Mr. Fine asked if there was anyone present who would like
to address the Board.
Mr. Lester presented affidavit of service to the Clerk.
He stated that the fence had been erected by him but the other
violations were prior to his owning the property. He would
like to enlarge the first floor apartment and the apartment on
the second floor. The building would remain a three family
residence.
Mr. Charles Zekus, Depeyster Street, stated he was
against the granting of the variance and stated Mr. Lester had
constructed the fence without a permit and followed the

�previous fence line. He also stated that the lot is covered
more than is allowed.
After a discussion. Mr. Fitzpatrick moved, seconded by
Mr. Morabito, that the hearing be closed.
Carried
unanimously.
Business Meeting
It was stated that Mr. Lester has three garages and would
be adding three parking spaces.
The front and sideyard
violations are pre-existing.
Mr. Paolantonio stated he was familiar with the property
as he lives in the neighborhood and had parked his car on the
property. He stated that additions were made in 1978 and 1983
without variances being requested.
It was stated that permits were granted for the work in
1978 and 1983 but no variances were requested by the previous
owner.
Discussion followed regarding the various additions and
the changes from a one family to a three family residence.
Mr. Boumis moved, seconded by Mr. Paolontonio, that the
variances be denied as the property was 48% covered, and that
Mr. Lester be required to cut the six foot fence down to a
five foot fence as called for in the code. Mr. Lester was to
be allowed ninety days to conform to the fence code. Carried
unanimously.
Minutes
Mr. Morabito moved, seconded by Mr. Boumis, that the
minutes of October 16th, be approved with minor changes.
Mr. Pujadas stated that Page 4 of the minutes should read
as follows:
"Third Paragraph- in a specific area, consideration
should be given to the setback of the
existing accessory
n
buildings in the area for conformity.
Mr. Morabito moved, seconded by Mr. Boumis, that the
minutes of the meeting held on November 20th be approved as
submitted. Carried unanimously.
Mr. Boumis moved, seconded by Mr. Morabito, that the
minutes of the meeting held on December 5th be reviewed by the
Attorney and submitted for approval at the January meeting.
Carried unanimously.

�Mr. Fine stated that the Board of Trustees after a public
hearing regarding the "garage setback" had turned down the
request of the Zoning Board. He stated the Zoning Board
should make another recommendation to the Board of Trustees
regarding the setback.
There being no further business to come before the Board,
Mr. Morabito moved, seconded by Mr. Boumis, that the same be
duly adjourned. Carried unanimously.
Executive Session
Mr. Spencer reported on the status of the Triana Case
which was before the court on appeal by Triana.
Respectfully submitted,

Irene Amato
Acting Clerk

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                    <text>Approved with/respect to substance and form:
iKL
V i l l a g e Attorn*
Vl
Dated:
*&gt;//Hfl/

Approved by t h e Zoning Board

^%* ;/^v.Chairman

Lairman otVActing
r
Dated :*J / / f-/ f 2

F i l e d with V i l l a g e Clerk

C l e r k o r Deputy Clerk
Dated i-SAz^ff

Date of Meeting

'

^

�Zoning Board of Appeals
Special Meeting
North Tarrytown, New York
December 5th, 1991

A special meeting of the Zoning Board of Appeals was held on
the above date in the Village Hall, North Tarrytown, New York.
PRESENT:

Jerome Fine, Chairman
Costas Boumis
John Morabito
Mary Galgano
George Fitzpatrick

ABSENT:

Frank Paolontonio
Juan Pujadas

ALSO PRESENT:

James Margotta, Building Inspector
Robert Spencer, Village Attorney

Chairman Fine called the meeting to order at 8 P.M. and stated
the purpose of the meeting was to discuss the application of
Elizabeth Akin.
Robert W. Spencer, Village Attorney, advised the Board that
the New York State Supreme Court vacated the granting of the Akin
area variance. The Planning Board approved the sub-division of
Lots 1 and 8, subject to the granting of the area variance by the
Zoning Board of Appeals. The Court ruled that the grant of the
variance must be rejected because the applicant applied for an
interpretation of the Zoning Law, not an area variance. Hence, the
Board lacked jurisdiction to grant the area variance.
Mr. Sam Watkins, Attorney for Elizabeth Akin, presented
information regarding the application for an area variance for lot
1. Lot 1 on the survey contains 13,569 square feet (15,000 square
feet is required). Mr. Watkins stated that Mrs. Akin is presently
in a nursing home and is represented by her son William D. Akin
through Power of Attorney. Mr. Watkins made a presentation in
favor of the variance. (Copy of Mr. Watkins statement is attached
in official minutes.)
Mr. Edmund Stoecklein, resident of Sleepy Hollow Manor and a
member of the Sleepy Hollow Manor Taxpayers Association, stated his
objections to the granting of the area variance, and asked that the
Board deny the request for an area variance.
(Copy of Mr.
Stoecklein's statement is attached in official minutes.)
Mr.

Watkins

and Mr. Stocklein

agreed

that the

evidence

�Vv '

be granted. He felt it was not the intention of the owners to keep
it a green area and felt it was up to the residents of the area to
buy and maintain it as a green area. He felt the Village should
allow this property to be buildable.

*

After a discussion, Mr. Bounds moved, seconded by Mr.
Morabito, that an area variance be granted for Lot 1, as requested
by Elizabeth Akin, owner of said property. Carried unanimously.
There being no further business to come before the Board Mr.
Fitzpatrick moved, seconded by Mr. Morabito, that the same be duly
adjourned. Carried unanimously.
Respectfully submitted,

Irene Amato
Acting Clerk

•

. i t - .CnJWtfiS-ciHttsit - Jvfe?JSB^»

^:T-;**~:^«y^=-~^-:*ii^

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                    <text>Approved with respect to substance and form:
tyfl lu,

Village Attor
Dated:
' / ^ / / £ /9 &gt; ^ -

Approved by the Zoning Board

Cft&amp;lrman ,or Acting Chairman

ited:

3//t/f

Filed with Village Clerk

Q.
e-leik ui Deputy Clerk

Dated:

jfa/1

te of
of Meeting
Meetina
Date

�»

Zoning Board of Appeals
Regular Meeting
North Tarrytown, New York
November 20, 1991
A regular meeting of the Zoning Board of Appeals was held on
the above date in the Village Hall, North Tarrytown, New York.
PRESENT:

Jerome Fine, Chairman
Costas Boumis
John Morabito
Mary Galgano
George Fitzpatrick

ABSENT:

Juan Pujadas
Frank Paolantonio

ALSO PRESENT:
1.

Robert W. Spencer, Village Attorney
James Margotta, Building Inspector

Public Hearing-Marcello Viscogliosi, 178 North Washington St.
Certificate of Occupancy for four-family residence.

The Clerk read the public notice to hear and
application by Marcello Viscogliosi for a Certificate
for premises known as 178 North Washington Street,
Block 15, Lot 8A, North Tarrytown, New York as a
residence.

consider an
of Occupancy
Section 16,
four-family

Chairman Fine asked if there was anyone present who would like
to address the Board.
John J. Hughes, Jr., representing the Viscogliosi family,
stated that the property has been used as a four-family residence
since before 1941. He presented affidavit of Armando Galella and
Mary Petcoff, owners of adjacent properties for over forty years,
in which they stated that the property has been a four-family
residence for more than forty (40) years. Mr. Hughes stated that
prior to that date, the building had been used as a dormitory for
the Highland Manor School for Girls. He stated there were two
separate houses on the one lot: one four-family and a one-family
residence.
Mario Belanich, North Washington Street, stated that the other
house was a two-family residence arid has been for many years, and
the village records should be corrected.
Mr. Fine stated that this is not the subject before the Board,
and if the property were to be sub-divided the matter would come
before the Board at that time.
There being no further comments, Mr. Morabito moved, seconded

�by Mr. Boumis, that the hearing be closed.

Carried unanimously.

Business Meeting:
After a discussion Mr. Morabito moved, seconded by Mr. Boumis,
that the premises be approved as a four-family residence and that
the Village records be corrected to reflect the same. Carried
unanimously.
2.

Public Hearing-William Smith Memorials, 418 North Broadway,
Determination for non-conforming use.

The Clerk read the public notice to hear and consider an
application by William Smith Memorials, Inc. for a determination
that the use of the premises known as 418 North Broadway, Section
17, Block 1, Lot 8, North Tarrytown, New York for commercial and
residential purposes and for parking associated with the commercial
and residential use of the premises is a non-conforming use.
Chairman Fine asked if there was anyone present who would like
to address the Board.
Mr. Samuel Weiner, Attorney for the applicant stated that the
building was built in 1850 as a two story structure, the first
floor containing a commercial business and the second floor was a
residence.
The adjoining properties have always been used as
parking areas for the building and the neighbors. He asked that
the Board render a decision that the property is non-conforming and
that parking be allowed. The matter had been before the Village
Court, which referred the matter to the Zoning Board.
Mr. Margotta stated that the applicant does not charge rental
for the parking of cars by the neighbors.
Pat Damin, 14 Dell Street, stated she has been parking there
for twenty-six years as the street is very congested. Mr. Smith
and Mr. Minozzi have allowed the neighbors to park there free of
charge. One of the neighbors has been complaining regarding the
parking of cars on the lot, but the other neighbors do not object.
There being no further comments, Mr. Morabito moved, seconded
by Mr. Fitzapatrick, that the hearing be closed.
Carried
unanimously.
Business Meeting:
Mr. Boumis inquired why was the neighbor upset about the
parking when it eased the congestion.
Ms. Damin stated he complained about the gas station across
the street, the Pocantico River, the parking and Mr. Minozzi's
business.

�&gt;

After a discussion, Mr. Boumis moved, seconded by Mrs.
Galgano, that the use of the portion of the premises which is used
as a parking lot for customers of the monument business, residents
of the apartments in the building, visitors and neighbors
(notwithstanding the fact that such lot is zoned residential) be
continued as a non-conforming use, subject to the provisions of the
Zoning Code which deal with non-conforming uses. Parking must be
without charge and is to be available only to persons authorized by
the owner of the premises. Carried unanimously.
3.

Public Hearing-Elizabeth Akin, Evergreen Way, Lakeview Avenue
and Hemlock Drive, Re: Area Variance &amp; Lot size.

The Clerk read the public Notice to hear and consider an
appeal by Elizabeth Akin from a decision of the Building Inspector
in denying designation of a buildable lot to Lot 1, 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.
Such
appeal is requesting the grant of an area variance to the applicant
for said lot. Said lot consists of approximately 13,569 square
feet in a zoning district where 15,000 square feet is required.
Chairman Fine asked if there was anyone present who would like
to address the Board.
Mr. Sam Watkins, representing the Akin family, presented
Affidavit of Service to the Clerk.
Chairman Fine stated that the Board had received letters dated
October 25th, 1991 and November 18th, 1991 from the Sleepy Hollow
Manor Taxpayers Association and the new members of the Board were
not familiar with the appeal and would like to postpone the matter
to the December meeting.
Mr. Watkins stated that he had appeared before the Board on
five separate occasions during the past year, requesting an area
variance. At the meeting in December, 1990 an area variance was
granted by the Board, subject to the Akin family applying to the
Planning Board for a sub-division of lot 1 and lot 8. He stated
that the sub-division was granted last month by the Planning Board.
It is the intent of the applicant to allow lot 1 to be considered
a buildable lot, by obtaining an area variance.
It is
approximately 9.5% too small. We have submitted various surveys
and drawings as requested by both Boards. The Sleepy Hollow Manor
Taxpayers Association filed an Article 78 petition opposing the
decision of the Board. The Court denied the grant of the variance,
stating the Zoning Board did not have jurisdiction because the
applicant requested an interpretation, not an area variance. The
applicant is now asking for an area variance.
After a discussion, Chairman Fine asked that the members of
the Board review all the documents on file with the Village
regarding the matter.

�/

Thereupon Mr. Morabito moved, seconded by Mr. Boumis, to
postpone the matter to a meeting to be held on December 5th, 1991.
Carried unanimously.
4.

Public Hearing-Union State Bank-15 Chestnut Street-Variance
to permit overhang on mansard roof.

The Clerk read the public notice to hear and consider an
application by Union State Bank for a variance to permit an
overhang on a mansard roof on premises known as 15 Chestnut Street,
North Tarrytown, New York (Section 16, Block 7, Lot 27) to project
within 2.0 feet of the property line (5.0 feet is required for a
side yard setback).
Chairman Fine asked if there was anyone present who would like
to address the Board.
Ms. Maxine Howard, representing Union State Bank, presented an
Appeal and Petition for Variance under the Zoning Ordinance. She
stated that all permits were applied for, the building was planned
and the foundations were laid exactly as shown on the survey.
However after hearings before the ARB it was determined that a
mansard roof with a slight overhand should be added. The developer
complied with the request of the ARB and as a result there is a
slight overhang, which according to the survey, ends 3.2' from the
property line. The developer has complied with the wishes of the
Zoning Board, Planning Board and the Architectural Review Board and
respectfully requests a variance. The issuance of the variance
would permit the Building Inspector to issue a Certificate of
Occupancy. (Copy of Appeal and Petition in Official Minutes).
There being no further comments, Mr. Boumis moved, seconded by
Mr. Morabito, that the hearing be closed. Carried unanimously.
Business Meeting;
Mr. Morabito stated that the footprint of the building is
taken from the foundation, not the roof.
Mr. Charles Zekus, a resident, stated that the two projects
located on Chestnut Street and the other on Pocantico Street were
poorly designed and the Village boards should not allow buildings
to be built with the front facing the sideyard.
Mr. Fitzpatrick stated that the developer had abided by the
law and should not be penalized.
Mrs. Galgano stated that in the future the ARB should notify
the Zoning Board of their decisions.
Thereupon, Mr. Fitzpatrick moved, seconded by Mr. Morabito,
that a variance be granted to permit an overhang on the mansard
roof on premises known as 15 Chestnut Street to project within 2.0

�'

&gt;

•

feet of the property line instead of 5.0 feet as required for a
side yard set back. Carried unanimously.
5.

Public Hearing-N. Lester, 147 Depeyster Street, Variance
for an addition.

Mr. Lester presented Affidavit of Service to the Clerk. Upon
examination it was determined that the notices had been mailed on
November 12th, 1991.
Chairman Fine informed Mr. Lester that the notices have to be
sent out at least ten days prior or not more than fifteen days
prior to the hearing.
Mr. Spencer informed Mr. Lester that new notices will have to
be prepared for the December 18th meeting, and he may hand deliver
the letters in order to be spared the expense of re-mailing.
6.

Public Hearing-E. J. Manca, 16 Hudson Terrace, Variance to
permit conversion of premises from one family to two family.

Mr. Margotta stated that the notices had not been sent out in
time and, therefore, there will be no public hearing on the matter.
7.

Public Notice-John J. Minardi, 89 New Broadway, Addition to
premises, variances requested due to lot size.

Mr. Margotta stated that incorrect notices had been sent out
by Mr. Minardi; therefore, there will be no public hearing on the
matter.
Minutes
The November minutes had not been received by the Board;
therefore, approval will be made at the next meeting.
Mr. Fine stated he had appeared before the Board of Trustees
at their last meeting and a discussion was had regarding changes in
the Zoning Ordinance on Garage Setbacks. A discussion was had
among the Board members regarding garage setbacks.
There being no further business to come before the Board Mr.
Morabito moved, seconded by Mr. Fitzpatrick, that the same be duly
adjourned. Carried unanimously.
Respectfully submitted,

Irene Amato
Acting Clerk

= -- ?•'•• &gt;'-" - . ^ i a V ^ &gt; . W s r l ^ c ^ 3 - « ^ i ^ ^ ^

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V

Approved with respect to substance and form:

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Village Attorney
Dated: ~ * .

Approved by the Zoning Board

m^..*^

airman or•Acting Chairman
ated: if/rfc^
F i l e d with V i l l a g e Clerk

G-lerk or -Deputy Clerk

Dated 1
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/*»h

GCST.
K /?9/
Date of Meeting

('Revises)

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�Zoning Board of Appeals
Regular Meeting
North Tarrytown, New York
October 16, 1991
The North Tarrytown Zoning Board of Appeals held a meeting on
the above date at Village Hall in North Tarrytown, New York.
PRESENT:

Jerome Fine, Chairman
George Fitzpatrick
John Morabito
Mary Galgano
Frank Paolantonio
Juan Pujadas
James Margotta, Building Inspector
Robert W. Spencer, Village Attorney

Chairman Fine called the meeting to order at 8:05 P.M.
1.

Informal Hearing-Zoning Clarification-Smith Memorials
418 North Broadway

Chairman Fine asked William Smith Memorials to give the clerk
proofs of mailing of notices to all required parties, which was
done.
Samuel Weiner, Esq. spoke on behalf of William Smith
Memorials.
The property, a two story building, is used as a
business on the first floor, and as a residence on the second
floor.
There is a parking lot on the easterly portion of the
property which is used by the business, the occupants of the
apartments, visitors and neighbors.
Tonight's hearing is required because of a violation served by
Mr. Margotta due to cars of visitors and neighbors being parked at
418 North Broadway.
The case was brought to Village court,
whereupon the matter was sent to the Zoning Board for clarification
due to the non-conforming use of the property. Such parking had
been in use prior to the adoption of the Zoning Code in 1964, and
has been used continuously since that date, said Mr. Weiner.
An affidavit of Mr. William Smith was read by Mr. Weiner, in
which Mr. Smith swore that since purchasing the property in 1933 he
had permitted open parking for customers, residents, visitors and
neighbors. This affidavit was given to the clerk.
Mr. Weiner mentioned a meeting held by the Zoning Board in
December, 1984, in which the Board determined that businesses
associated with the monument business could continue to use the
residential portion of the parcel (which includes the parking lot)
as a non-conforming use.

�Chairman Fine thanked Mr. Weiner for his presentation.
asked if there were any comments from the public.

He

Mrs. Damin, 14 Dell Street, said the applicant had allowed
neighbors to park in the parking lot for years, and was still
allowing neighbors to park in the lot at this time.
Mr. Minozzi addressed the Board. He and his brothers bought
the Smith Memorial business in 1974.
He confirmed that the
applicant allowed neighbors to park in the lot.
John Morabito made a motion to close the public hearing.
motion was seconded and carried unanimously.

The

Business Meeting
Chairman Fine said no action would be taken tonight, as
matters are still at a discussion stage to give an interpretation.
Chairman Fine said it seems the applicant's parking is a preexisting non-conforming use. Mr. Paolantonio said it should be
seen as a non-conforming use of residential property as a
commercial area.
2.

Public Hearing-Pilar Quinoy, 44 Depeyster- Construction
of storage shed

The Clerk read the notice of tonight's public hearing to all
present. Chairman Fine asked if notifications had been sent. A
list of 33 names and notices was given to the clerk.
Mr. Quinoy explained the family wished to replace their
damaged storage shed. A building permit was filed. A neighbor had
complained.
Mr. Margotta had advised them of the need for a
variance.
Chairman Fine asked if anyone present wished to address the
Board. No one responded. Mr. Morabito made a motion to close the
public hearing, which was seconded and carried unanimously.
Business Meeting
Chairman Fine explained that Mr. Margotta had used the 25 ft.
setback required for residences.
He asked Mr. Quinoy that a reasonable distance from the rear
line of six feet be used, to which Mr. Quinoy agreed.
It was noted that there is a need for a ruling on setback
requirements for all accessory buildings. The Zoning Board would
recommend a six-foot setback to the Village Board.
However,
different zones might require different setback distances, said Mr.
Paolantonio.

�Mr. Pujadas said a standard is needed for all cases. It was
noted that in Tarrytown different zones have different setback
distances.
A motion to approve placing the Quinoy's accessory building
six feet from the rear line was made by Mr. Morabito, seconded, and
carried unanimously.
3.

Hearing-Wilma Batchelder, 215 Farrington Avenue,
two-car garage

The applicant filed proof of mailing of notices with the
Clerk. Chairman Fine asked if anyone present wished to address the
Board. Larry Sterino spoke on behalf of Mrs. Batchelder for the
reconstruction of her garage with an 11 foot setback from the rear
line. He said her original garage had an 11 foot setback, but she
was advised by the Building Inspector that a 25-foot setback was
required. He also commented that the sprinkler system requirement
was of concern.
Chairman Fine asked if anyone else wished to address the
Board. Mr. Fitzpatrick then made a motion to close the hearing,
which was seconded and carried unanimously.
Business Meeting
Chairman Fine explained that this request for a variance was
not for a residence, thus the 25 foot setback was not required.
A motion to accept the application was made
Paolantonio, seconded, and carried by a unanimous vote.

by

Mr.

Chairman Fine spoke of upcoming matters that would be of
interest to the Board and its members.
Chairman Fine said he had spoken to the Mayor regarding garage
rear lots.
Chairman Fine suggested a public hearing after the
Board of Trustees has a work session.
Chairman Fine asked if there were any comments on the minutes.
Mr. Morabito made a motion to accept the minutes of the last
meeting as received. The vote was unanimous.
There being no further business, Chairman Fine adjourned the
meeting at 9:20 P.M.
Respectfully submitted,
Linda T. Fukuchi
Clerk

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Approved w/[th respect to substance and form:

'hi

__
Village Attor
Dated:\aj t ^j

Approved by the Zoning Board

r Acting Chairman

Filed with Village Clerk
CI - £

-U^LSULJ^ZJ

.Cleric or. Deputy Clerk
Dated:

loltijqi

�PUBLIC HEARING

NORTH TARRYTOWN, N.Y.
September 11th, 1991

A regular meeting of the Zoning Board of Appeals was held
on the above date in the Village Hall, North Tarrytown, N.Y.
PRESENT:

Jerome Fine, Chairman
Costas Boumis
John Morabito
Mary Galgano
George Fitzpatrick
Juan Pujadas

ABSENT:

Frank Paolantonio

ALSO PRESENT:

Robert W. Spencer, Village Attorney

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

Public Hearing-Orlando Ramirez, 75 Clinton Street-Construct
driveway.

The Clerk read the public notice to hear and consider an
application by Orlando Ramirez to construct a drivewayon premises
known as 75 Clinton Street (Section 16, Block 5, Lot 22), North
Tarrytown, New York which will only be 7 feet, 6 inches in width,
instead of 10 feet as required by the Zoning Ordinance.
Chairman Fine asked if there was anyone present who would
like to address the Board.
Juan Menendez speaking for Mr. Ramirez presented Affidavit
of Service to the Clerk. He explained to the Board that Mr.
Ramirez worked nights and when he came home at night he could not
find a place to park his car, therefore he wanted to construct
a driveway unto his property. He applied for a building permit
which was denied due to lack of sufficient width of his lot.
Mr. Donald Caetano, Lawrence Avenue afeked if he would be
assessed for the new driveway.
Mr. Fitzpatrick stated he would be removing a porch in
order to construct the driveway so his assessment would probably
remain the same.
There being no further comments Mr. Morabito moved,
seconded by Mr. Boumis that the hearing be closed. Carried.
BUSINESS MEETING:
Mr. Boumis stated he had visited the property and found
that the property is wider at the rear and that he felt the
driveway would be tightT but stated all the driveways on Clinton

J. - : J •— .

�-2Street are tight.
Mr. Fine stated he felt permission should be granted
as it would take another car off the street.
Thereupon, Mr. Morabito moved, seconded by Mr. Pujadas,
that permission be granted to Mr. Ramirez for the construction
of a 7 foot, 6 inch driveway at 75 Clinton Street, Carried.
2.

Public Hearing-Frederick G. Cullen, 42 College AvenueCertificate of Occupancy for a four-family rs-idence.

The Clerk read the public notice to hear and consider an
application by Frederick G. Cullen for a Certificate of Occupancy
for premises known as 42 College Avenue (Section 16, Block 17,
Lot 5), North Tarrytown, New York as a four-family residence.
Chairman Fine asked if there was anyone present who
would like to address the Board.
Mrs. Cullen presented Affidavit of Service to the Clerk.
Mr. Cullen stated he was a resident of 42 College Avenue
for over forty years and it has always been a four-family
residence, and would like the Village records to reflect the same.
There being no further comments Mr. Boumis moved, seconded
by Mr. Morabito that the hearing be closed. Carried.
BUSINESS MEETING:
Chairman Fine stated that letters had been received from
the following neighbors in support of Mr. Cullen: Ugo Checchi,
Marion Rigotty, Mary Checchi and Dominick Lopano.
After a discussion, Mr. Morabito moved, seconded by Mr.
Pujadas that the Village records be corrected to show the premises
at 42 College Avenue as a four-family residence. Carried.
3.

Public Hearing-Cassilda Requijo, 278 North Washington StreetCertificate of Occupancy for a three-family residence.

The Clerk read the public-:notice to hear and consider an
application by Cassilda Requijo for a Certificate of Occupancy
for the premises known as 278 North Washington Street (Section 15,
Block 13, Lot 7 ) , North Tarrytown, N.Y. as a three-family
residence.
Chairman Fine asked if there was anyone present who would
like to address the Board.
Mr. John J. Hughes, Jr. stated he represented Mto^. Requijo
and presented Affidavit of Service to the Clerk.

�/

-3Mr. Hughes stated that the village records list the
residence as two-families and they are requesting that the Board
approve three-families* at the present time.
Mrs. Katherine Caetano, Lawrence Avenue stated her
property is at the rear of Mr. Requijo and according to the
Village Assessment Roll the property is listed as a four-family
residence, and is classified as 411-Non-Homestead.
After a discussion it was decided to continue the
public hearing oh the request as presented by Mr. Requijo.
Mr.;Thomas Staudter, a resident of 278 North Washington;.
Streey, stated he has been a resident of the property since 1988
and had previously collected the rents for the owner. He stated
that the property has four apartments and garages at the rear
of the building, which are rented. There is a lot of noise and
cars coming and going.
Mr. Hughes stated he was requesting that the Board
approve their request allowing three"families. The property
is located in an R-5 Zone which is Multi-Family and meets every
requirement of the Zoning Code. He stated that most of the
properties on Washington Street are multi-family and was not
sure how long the third arid fourth apartments have been there.
Under the current code more families would be allowed.
Mr. Hughes stated he would like a,ruling that it is a
legal three-family residence and would probably.come back before
the Board for a determination on the fourth family.
Mr. Staudter stated that Washington Street is a quiet,
tree-lined street and felt that the Zoning Board should hold
the line.
Mr. Caetano stated that the basement apartment has been
there only six of seven years.
There being no further comments, Mr. Boumis moved,
seconded by Mr. Morabito that the hearing be closed. Carried.
BUSINESS MEETING:
Mr. Fine stated that the request was more complicated
than usual. The property was; registered "in"tthe village as a
twosfamiiy, application was presented^for"a three family and
property actually is a four family residence.
A discussion followed regarding sideyard requirements.
On the north side of the property there -is a two and a half foot
side yard whereas the code requires a five foot side yard.
Mr. Fine stated if the Board acts"to establish the

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-4•

three apartments the Building Inspector will act to vacate
the fourth apartment, and felt the property owner should ask
for a variance regarding the side yard requirement.
Mr. Boumid moved, seconded by Mr. Morabito that the
property be declared a legal three^family residence, that the
property owner be required to come before the Board within 90
days for a decision regarding the fourth family. Carried.
4.

146-148 Cortlandt Street-Continued.

Discussion continued on the various apartments and
how long each one has been in existence.
Mr. Friou:;asked the Board to act on the tenant's
application for variances and the '.'grandfathering" of various
apartments.
Mr. Vaccaro, Attorney for the People's Westchester
Savings Bank stated that the Bank, as owner of "the property,
would like the Board to deny the tenant's application.
Mr. Fine stated the Board had acted oh the;Bank's
application and felt they should stay with their decision, and
deny the,tenant's application. He stated that members of the
Board had inspected the basement apartment and felt that it was
constructed fairly recently. :
;. :
•"
Mr. Boumis moved, seconded by Mr. Morabito that the
tenant's application for variances be denied \ ini° its entirety.
Carried.
Approval of Minutes » .

=

:

Mr . Boumis '= moved, / seconded by Mrs. Galgano that the ,
minutes of the meeting held on August 21st, 1991 be approved
with the following change:
Page 2-Reads-"and the decision reached by the Board.

11

Carried.

Should;read-In the decision reached by the Board
pertaining to the bank's application. Carried."
A discussion followed regarding various litems to be
discussed with the Board of Trusteesjand the Public Hearing held
by the Board of Trustee on August 20th.
There being no further business to come before the Board,
Mr. Boumis moved, seconded by Mr. Morabito that the same be duly
adjourned. Carried.
Respectfully submitted, .
Acting Clerk

^-•tr'^Jr-i^ttjZi^^.-^iJ^

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                    <text>Approve^fyith/ respect t o substance and form;

Village" Attorne"
Dated:

Approve/d by the Zoning Board

Chairman or Acting Chairman
DaXed:

Filed with Village Clerk

Q', C ^s-^vStX~j
Clerk or Deputy Clerk
Dated: 9 A-7'/^/

:e of
of Meeting
Date
Meeting

7

�REGULAR MEETING

NORTH TARRYTOWN, N.Y.
August 21st, 1991

A regular meeting of the Zoning Board of Appeals was held
on the above date in the Village Hall, North Tarrytown, N.Y.
PRESENT:

Jerome Fine, Chairman
Costas Boumis
John Morabito
Frank Paolantonio
Mary Galgano
George Fitzpatrick

ABSENT:

Juan Pujadas

ALSO PRESENT:

Robert W. Spencer, Village Attorney
James Margotta, Building Inspector

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

146-148 Cortlandt Street-Continued Discussion

Chairman Fine stated that a Public Hearing was held at the
last meeting regarding the number of apartments at the above
addressess. Since that meeting, additional information has been
submitted to the Board.
Mr. Fine asked if there was anyone who would like to
discuss the matter.
Mr. Robert Friou, representing the tenants in both
buildings presented an Affidavit of tenant, Josef Hegedus
who has lived at 148 Cortlandt Street for the last twenty-five
years. (Affidavit in Official Minutes).
Mr. Victor Vaccaro, representing the Peoples Westchester
Savings Bank stated that an Affidavit of Mary Pastell was
previously sent to the Board for their information.
Mr. Spencer reported he had researched the matter of
tenants requesting variances on property and had not found any
cases where a tenant can be granted variances without the
landlords permission.
Mr. Paolantonio stated that the village records show
six apartments in each building and felt they should be adhered
too. He stated that during and after World War II many landlords
constructed apartments without building permits and felt these
apartments are not legal apartments. They have not been paying
their fair share of taxes for many years.
Mr.Vaccaro stated the bank was asking that the Board
allow seven apartments at 146 and nine apartments at 148
Cortlandt Street. They also request that the apartment in the
basement be allowed. They did not want to evict the present
tenant.

�-2Mr. Boumis inquired as to the apartments conforming
to the Building Code.
Mr. Margotta stated if they do not conform he would
not issue a Certificate of Occupancy. He also stated that the
extra apartments cannot exist if there is no second egress.
Mr. Fitzpatrick stated he had inspected the buildings,
including the basement apartment and felt that the basement
apartment was a fairly recent addition.
After a discussion, Mr. Morabito moved, seconded by
Mrs. Galgano that the Bank's application, requesting seven
apartments at 146 Cortlandt Street and eight apartments at
148 Cortlandt Street, excluding a basement apartment be granted.
Carried.
Chairman Fine asked Mr. Friou if he would like to
withdraw the tenant's application.
Mr. Friou stated he would have to discuss the matter
with the other Attorneys involved, and they were out-of-town
at present.
Mr. Vaccaro stated that the Bank does not approve of
the tenant's application for variances. He stated that the
bank was not asking for any variances. They wanted the Board
to act on the number of apartments in each building.
Mr. Fine stated that the Bank's request was settled
and we will continue discussion of the tenant's request at
the next meeting.
After a discussion Mr. Boumis mowed, ..secoaded by Mr.
Paolantonio to^modify the motion to include the tenant's
application «mr the decision reached by the Board, Carri^efc.
Mr. Morabito moved, seconded by Mr. Paolantonio that
the minutes of the meeting held on July 17th, 1991 be approved
as presented. Carried.
Mr. Fine stated he had prepared a letter that was sent
to the Board of Trustees regarding "Accessory Building" in
Philipse Manor. He stated that the Board had a Public Hearing
on the matter but did not make a decision.
Mr.Fine stated that the next meeting will be held on
September 11th, due to the Holiday.
There being no further business to come before the Board
Mr. Morabito moved, seconded by Mr. Paolantonio that the same
be duly adjourned. Carried.
Respectfully submitted,
ene Amato,

�AFFIDAVIT OF JOSEF HEGEDUS

STATE OF NEW YORK
COUNTY OF WESTCHESTER
1.

)
)ss.:
)

I reside in Apartment Number 2,148 Cortlandt Street, North Tarrytown, New

York. I am making this affidavit in support of appeals to the North Tarrytown Board of
Zoning Appeals. One appeal was made by all tenants residing at 146 and 148 Cortlandt
Street. Other appeals were made by People's Westchester Savings Bank, the owner of both
buildings. Each appeal asks for certain interpretations or alternatively for variances from
strict application of the Zoning Ordinance to the buildings at 146 and 148 Cortlandt Street.
2.

I speak and read Hungarian and therefore this affidavit was translated for me

from English to Hungarian by Mr. Frank Patyi, a resident of North Tarrytown, who speaks
and reads both Hungarian and English.
3.

I came to the United Sates in 1966; my grandfather had lived here before me

and he was in the U. S. Navy. My first residence was in North Tarrytown and within a
month I moved into my present apartment. Until I was disabled in a work accident, I was
employed by the Rockefeller Estate.
4.

My apartment is a small one as shown on the diagram attached to this

affidavit. It is in the front of the north side of the first floor. It is exactly in the layout it was
in 1966.
5.

At the rear of my apartment there is a wall which divides the front apartment

from the one at the rear of the north side of the first floor. The rear apartment also appears
on the diagram annexed.

�•»!

'

6.

I worked on construction projects and as a carpenter and I am able to determine

from my experience what the steps were to construct the rear wall and to modify it and when
these steps were taken. My experience also qualifies me to judge the age of the cracks in the
wall which are discussed below. Such cracks form very slowly and one can judge from the
length of time in which a crack lengthens approximately how old it is. A photo of the wall
taken August 20,1991 is attached to this affidavit. It illustrates the points I will talk about.
7.

It will be observed from the photo attached that there appears to be the mark

of a door frame on the wall. That outline of a door frame was there when I moved in in 1966.
It already had signs of age. From the upper left corner of the old door closure a crack radiates
up and to the right. Another large crack appears to the left of the door closure. And again
up near the ceiling there is another crack also curving to to right from the wall up to the
ceiling. These cracks result from some structural support which was in the wall or the
building being removed to install and later close in the door. As the building settled where
the support was removed the wall and ceiling cracked.
8.

The large crack which appears at the left of the image of the door closure was

there when I moved in. But at that time it was very small. Slowly it has grown larger since
then.
9.

This means that the wall was built into the building at some early date. Some

time later a door was installed in the wall to open the wall through to the rear apartment.
The door was not well located.
10.

Later the door was removed and the door opening was closed up. The work was

badly done. The result was that cracks, which appear in the photos, opened at the upper left
of the old door opening. These cracks had already opened at the time I moved in. And I would
estimate that it would have taken a few years for the cracks to develop as they were when

-

2

-

�*V •

I moved in. They result from the failure properly to install the door or from poor work in
removing the door and closing the opening.
11.

I conclude that the original wall may have been built about 1940 to 1950, the

door installed later. I estimate that the door must have been removed at some later date,
probably as much as five or ten years, or more, before I moved in. That would have given the
cracks time to develop.
12.

The cracks have remained in the wall for the entire time I have lived in this

apartment and slowly grown to whayt appears in the photo.
13.

The basement apartment at 148 Cortlandt Street and the wall which forms the

rear of Apartment number 1 at 148 Cortlandt Street on the street level floor had also been
constructed before I moved in.
14.

I have no knowledge of the walls in 146 Cortlandt Street.

yporhlA
Josef Hegedus
Swom-t« before me this 21stday of August, 1991
Notary Public

cJHSF**]?
*******
County
Commission E**es
November
27.1991

-

.-.-.-«&amp;e«4a£t»

3

-

�Diagram (not to architectural specifications)
As o f J a n u a r y , 1 9 9 1
Front (West) of 148 Cortlandt Street -- First Floor

A p a r t m e n t # 1 W i n d o w s at f r o n t
Door to hati

nun
Outer
door
MINI

Apartment # 2 Windows a t f r o n t
= Door to hall

= = Stairs
= = =up
II II II
II II II
II II II

Stairs
down

A p a r t m e n t Jt 3

Apartment # 4

Door =
to hall =
Door to fire escape

1

= Door to
= hall
Door to fire escape

mi

mi

Fire Escape

Steel fully conforming fire escape

Rear (East) of 148 Cortlandt Street - First Floor

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Approved!with respect to substance and form;

Village Attorn
Dated:

Approved by the Zoning Board

&amp;&amp;&amp;?
irman or Acting Chairman

i\

Filed with Village Clerk

Q . (fV^^jL^tT^
Clerk or Deputy Clerk
Dated: ^ I ill 91

Date/c/f Meeting1

^

�May

9

. 1991

V i l l a g e o f North Tarrytown, N.Y.
Zoning Board of Appeals

Gentl emen,
I , /)%tt^U

v^ULr^cVCi'

&gt; and r e s i d i n g a t

mJjJj_m_

Col 1 ege Avenue,

North Tarrytown, New York , do hereby s t a t e , t h a t to the best o f my knoweldge
the dwelling located a t 65 College Avenue, North Tarrytown, New York has been
maintained as a 3"FamIly d w e l l i n g f o r
Idnece f o r the past
the past

J^Q

^r^&gt;

years.

3 Q

y e a r s . I have resided a t my r e -

years and do personally know John S Mary Benvln f o r

�May

9

1991

V i l l a g e o f North T a r r y t o w n ,

N.Y.

Zoning Board o f Appeals

Gentlemen,
I. Ga/$art ^^4i^ZJ&lt;trf\

'

and

r e s i d i n g a t ff?(

C o l l ege Avenue,

N o r t h T a r r y t o w n , New York , do hereby s t a t e , t h a t to t h e b e s t o f my knoweldge
t h e dwel 1 Ing l o c a t e d a t 65 C o l l e g e Avenue, North T a r r y t o w n , New York has been
m a i n t a i n e d as a 3~Famlly d w e l l i n g f o r . 3 /
idnece f o r t h e past
the past

3/

/5~Q

years.

y e a r s . I have r e s i d e d a t my r e -

years and do p e r s o n a l l y know John £ Mary Benvln f o r

�May

ff

1991

Village of North Tarrytown, N.Y.
Zoning Board of Appeals
Gentlemen,
I, ^U GtzjicJL
a ^ residing at &lt;/V
Col 1 ege Avenue,
North Tarrytown, New York , do hereby state, that to the best of my knoweldge
the dwelling located at 65 College Avenue, North Tarrytown, New York has been
maintained as a 3-Famlly dwelling for
Y'f
years. 1 have resided at my reIdnece for the past *f4~ years and do personally know John 6 Mary Benvln for
the past
37
years.

�NORTH TARRYTOWN, N.Y.
July 17th, 1991

PUBLIC HEARING

A regular meeting of the Zoning Board of Appeals was held
on the above date in the Village Hall, North Tarrytown, N.Y.
PRESENT:

Jerome Fine, Chairman
Costas Boumis,
John Morabito,
Frank Paolaritonio,
Mary Galgano,
Juan Pujadas,
George Fitapatrick

ALSO PRESENT:

Robert W. Spencer, Village Attorney
James Margotta, Building Inspector

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

Public Hearing-146-148 Cortlandt Streetr^Approvad of-^apartments.

The cle±k read the public notice to hear and consider an
appeal by Peoples Westchester Savings Bank, 3 Skyline Drive, Hawthorne
N.Y. from a decision of the Building Inspector denying a Certificate
of Occupancy for a seven family residence located at 146 Cortlandt
Street, North Tarrytown, New York and a nine family residence
located at 148 Cortlandt Street, North Tarrytown, New York. The
premises at 146 Cortlandt Street are shown on the tax assessment
maps of the Village of North Tarrytown as Section 16, Block 10,
Lot 15B, and the premises at 148 Cortlandt Street are shown as
Section 16, Block 10 Lot 15A.
Mr. L. Victor Vaccaro, attorney representing Peoples
Westchester Savings Bank presented Affidavit of service too!.the
clerk.
Mr. Vaccaro presented information to the Board regarding
the property at 146 and 148 Cortlandt Street. He stated that an
application had been made to the building inspector to permit
seven apartments and nine apartments. The application was denied.
Mr. Vaccaro stated that the records of the village differ from
the actual composition of the building. He was prepared to
present affidavits from tenants who had resided in the buildings
for many years. He stated that the bank had foreclosed on the
property and was anxious to repair and renovate the apartments.
He stated that the New York State Division of Housing lists eighteen
apartments in the two buildings.
Mr. Bogardus, Senior Vice-President for Peoples Westchester
Savings Bank stated the bank was willing to have sixteenrapartments
whereas the village shows twelve apartments. At the present"time
there are three vacant apartments. The bank feels it needs the
extra apartments to make the project economically feasible. The
bank is very concerned about the welfare of the tenants and would

�f

-2like to keep them.
Mr. Fitzpatrick stated that the Town of Mt. Pleasant
shows eight and ten apartments in the buildings, whereas the
Village shows six and six.
Mr. Fine stated that the changes were made prior to the
adoption of the Zoning Code in 1964.
After a discussion Mr. Fitzpatrick moved, seconded by
Mr. Morabito that the hearing be closed. Carried.
2.

Public Hearirig-146 Cortlandt Street-Approval of Apartments.

The clerk read the public notice to hear and consider an
appeal by Odilys Diaz, Jose Hidalgo, Percio Martinez Elpidio
Rodriguez, Ana Torres, Hilma Suarez, 146 Cortlandt Street, North
Tarrytown, New York from a decision of the Building Inspector in
denying a Certificate of Occupancy for a seven family residence
for the premises known as 146 Cortlandt Street, North Tarrytown
and shown on the tax assessment maps of the Village of North
Tarrytown as Section 16, Block 10 Lot 15B. In the alternative,
the applicants request variances for minimum lot size, maximum
lot coverage, off-street parking, front yards and side yards.
3.

Public Hearing-148 Cortlandt Street-Approval of Apartments.

The clerk read the public notice to hear and consider an:.
appeal by Rose Cruz, Antonio Gallo, Josef Hegedus, Gumercinda
Leonardo, Aida Monegro, Maria Toribio and Luis Urgiles, 148
rtlandt Street, North Tarrytown, New York from a decision of
the Building Inspector in denying a Certificate of Occupancy for
a nine family residence for the premises known as 148 Cortlandt
Street, North Tarrytown and shown on the tax assessment maps of
the Village of North Tarrytown as Section 16, Block 10 Lot 15A.
Ms. Judy Studebaker, representative of the Westchester
County Legal Services stated that she represented the tenants
of 146 and 148 Cortlandt Street regarding the above matter.
She stated that Mr. Gallo has lived at the premises for over
forty years, Mr. Hegedus has lived there over twenty-six years.
She stated the tenants were seeking approval of the apartments
by the Board so that none of the tenants will have to move.
Most of the tenants are elderly, retired and living in rent
controlled apartments. She stated the;apartments have existed
for a long time and should be "grandfathered" in.
Mr. Fine asked if there was anyone present who would
like to address the Board on the above matter.
Mr. Vaccaro stated that the Board should not act on the
application of the tenants at the cost of the owner. The owners
were not seeking variances. The bank is not seeking to eject any
tenants. The Board should not act on the application of the
tenants as they would be setting a precedent. Their grievances
should be settled elsewhere.
The Bank requests that the tenants

(,«&gt;„ •.: =?*c*...- •--;-&gt; ^^.•sri-i£c--«svs*«i

^^m^h^^^f^4^-^Mi&amp;-w^SAmA^3i^si^k

�-3application be denied and that the application of the Bank
be considered and granted.
•

There being no further comments to come before the Board
Mr. Morabito moved, seconded by Mr. Paolantonio that the hearing
be closed. Carried.
BUSINESS MEETING:
Mr. Paolantonio asked the Attorney if the tenants have
any right to ask for variances.
Mr. Spencer stated that the tenants might have rights
if the application had the approval of the landlord. In this
case the landlord opposed the application. Mr. Spencer stated
that he would have to research the matter.
A discussion followed regarding the various apartments
and the construction that would have to be completed, especially
in the basement apartment.
Mr. Spencer stated that it was up to the Board to decide
whether the buildings should contain six and six apartments or
seven and nine apartments.
Mr. Fine stated that the board would like more corroborating evidence as to the number of apartments in each building.
The Building Inspector was instructed to inspect the buildings
and report back at the next meeting.
Mr. Boumis moved, seconded by Mr. Fitzpatrick that the
matter be postponed to the next meeting in order to obtain further
information. Carried.
4.

Laurentino Rodrigues, 180 Valley Street-Discussion.

Mr. Tucciarone, representing Mr. Rodrigues presented a
proposal for a restaurant with a bar, seating approximately nine
people.
A discussion followed regarding the modification of the
bar.
Mr. Fine stated that a bar in a restaurant is not a bar
where people hang out, but is used for a service bar and felt
that the design as is, is appropriate.
Mr. Morabito moved, seconded by Mr. Paolantonio to approve
the design as presented in Revision #2.
Mr. Fine polled the Board as follows:

Mr. Boumis
Mr. Morabito
Mr. Pujadas

l^frstain
Yes
Yes

Mr. Paolantonio
Ms. Galgano
Mr. Fitzpatrick

Yes
Yes
Yes

�-4Mr. Fine declared the motion carried.
5.

Valley Bakery, 180 Valley Street, Continued.

Mr. Tucciarone stated that he represented the owners
of the Valley Bakery and would like an interpretation of the
ordinance regarding delis, etc.
Mr. Fine stated that the Zoning Board, Planning Board
and the Architectural Review Board had met with the purpose of
advising the Board of Trustees to re-write the ordinance, as it
was difficult to interpret.
Mr. Fine stated that the original plans for the bakery
were for a bakery only. The owners were not to serve any other
food products.
Mr. Tucciarone stated that many bakeries serve coffee,
either "to go" or for on premises drinking.
Mr. Paolantonio stated that he felt a bakery should be
just a bakery not a coffee shop. If permitted they will continue
to add various items to sell. The Board was specific in granting
permission to have the bakery that no other items were to be sold.
Mr. Morabito felt that the Board should stand behind their
decision in allowing the bakery only if no other items are sold.
Ms. Galgano stated she felt that coffee could be served
but once sandwiches and soup are sold it becomes a deli.
After a discussion Mr. Boumis moved, seconded by Ms.
Galgano that permission be granted for establishment to be a
Chilean Bakery with only coffee to be served.
Mr. Fine polled the Board as follows:
Mr.
Mr.
Ms.
Mr.
Mr.
6.

Boumis
Yes
Mr. Morabito
Pujadas Abstain
Mr. Paolantonio
Galgano Yes
Mr. Fitzpatrick
Fine
Yes
Fine declared the motion carried.

No
No
Yes

Amoco Station, 339 No. Broadway, Canopy-Public Hearing.

The clerk read the public notice to hear.and consider an
appeal by Peter Castro, 339 North Broadway, North Tarry t^own, N.Y.
from a decision of the Building Inspector in denying a building
permit for the installation of a proposed canopy, underground!
tank and new product dispenser on Lot 32A, Section 15, Block 13
on the tax assessment maps of the Village of North Tarrytown, said
lot being located at 339 North Broadway, North Tarrytown, New York.

�-5-

•

The canopy set back is 5 feet and 20 feet is required; the
canopy size is 24 feet X 30 feet and the requirement ;is 24 feet
X 24 feet; and the fuel storaqe set back is 10 feet and the
requirement is 25 feet.
Mr. Fine asked if there was anyone present who would like
to address the Board.
Mr. Ghristopher. Pagalaro, representing Mr. Castro
presented Affidavit of Service to the Clerk
Mr. Pagalaro presented plans and outlined the project
to the Board. He stated that the gas station was built sometime
during 1930, before any codes were in effect. If these requirements
were in effect at the time of construction of a modern station
they could not be built. They felt that the improvement of the
garage would enhance the area. They had received a letter from
Clark Associates stating they have no objections. Plans will
be submitted to N.Y. S. Dept. of Transportation, showing lighting,
landscaping, etc.
Mr. Margotta stated that the application should go to
the Planning Board for a pre-hearing.
Mr. Morabito moved, seconded by Mr. Paolantonio that the
hearing be closed. Carried.
Business Meeting:
A discussion followed regarding "right turn" on Lawrence
Avenue, the size of the canopy, gas pumps, sprinkler system and
the height of the canopy.
Mr. Morabito moved, seconded by Mr. Boumis that the
variance be granted as requested by Peter Castro. Carried.
7.

Jose Leston-131 Depeyster Street-Establishment of a four
family residence.

Mr. John J. Hughes,Jr, representing Mr. Leston outlined
the request to establish a four family residence. He stated
that various neighbors had attested to the residence being four
families. Mr. Hughes stated that the property is clean and well
maintained. There is parking for three cars on the property.
Mr. Hyland, also a long time icesident of the area
had informed Mr. Hughes that he felt the property was always
a three family residence, with a family kitchen in the basement.
Mr. Hughes stated that the original application had been
filed by Mr. Walsh and he had been informed that the basement
apartment was a legal non-conforming apartment created in 1963.

t
-.r't^-iiii ^ i i ' S ^ r ^ i ^ i ^ a - t ^ " ^

�-6Mr. Hughes stated the Code Enforcement Officers had
found four families living in a two family house of record.
Mr. Margotta stated that the ceilings in the basement
apartment were a little low.
Mr. Hughes stated that he would like the Board to establish
the residence as a four family residence. If not, a three family
residence and he would return and ask for a variance for the fourth
apartment.
After a discussion, Mr. Morabito moved, seconded by Mr.
Fitzpatrick that the residence be established as a three family
and the owner given 120 days to resolve the situation. Carried.
Approval of Minutes
Mr. Morabito moved, seconded by Mr. Paolontonio that the
minutes of the meeting held on June 19th, 19 91 be approved as
presented. Carried. Mr. Boumis abstained.
Mr. Fine stated that the next meeting of the Board will
be held on August 21, 1991. He also stated that due to the
Jewish Holiday the September meeting will be held on Wednesday,
September 11th.
There being no further business to come before the
Board, Mr. Fitzpatrick moved, seconded by Mr. Boumis that the
same be duly adjourned. Carried.
Respectfully submitted,
Irene Amato
Acting Clerk

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                    <text>•

Approved with respect to substance and form:

J

six

V i l l a g e At^ojbney
Dated:

Approved by the Zoning Board

•

Z^&amp;&gt;

[airman or Acting Chairman
Dated:-f^-j | ? (

Filed with Village Clerk

Clerk or Deputy Clerk

Dated:

^//^jl/

/?

Date/of Meeting

!?'*&gt;(

�A Regular Meeting of the Zoning Board of Appeals was held on Wednesday, June 19, 1991 at 8:00PM in Village Hall, North Tarrytown,
New York.
PRESENT:

Jerome Fine, Chairman
John Moribito
Frank Paolantonio
Mary Galgano
Juan Pujadas
George Fitzpatrick
Also Present: Robert W. Spencer, Village Attorney
James Margotta, Building Inspector
Absent:
Costas Boumis
Chairman Fine opened the meeting promptly at 8:00PM.
IN THE MATTER OF KERIT DESAI. 62 HOWARD STREET, NO. TARRYTOWN. N.
Y.
This is a continuation of a public hearing regarding a Certificate of Occupancy for rear decks at 62 Howard St.
Mr. John Hughes, attorney for the applicant, submitted appropriate Affidavit of Service receipts to the Recording
Secretary.
Mr. Hughes cited the background history of the decks, stating
that the previous owner built them in 1981, and that Mr. Desai
took title to the property in 1986 and that the title search
revealed no violations. In 1990, a letter was sent to Mr. Desai
from the Building Inspector stating that a Certificate of Occupancy was never issued for the decks. Mr. Hughes noted that it
was not unusual for the Village to issue building permits and not
follow up with certificates of occupancy.
He noted that the
neighbors surrounding 62 Howard had circulated a petition to have
the decks removed, and were using the lack of a certificate of
occupancy as an issue. Mr. Hughes also presented a petition from
area residents in favor of granting variances to Mr. Desai for
the existing decks.
Mr. Donald Caetano of Lawrence Street stated that the current
owner inherited the problem and should not be penalized, but
should take a more active interest in the building and the behavior of the tenants.
Mrs. Rene Cocheran stated that she presented a portfolio of pictures and complaints against the decks and the tenants currently
living in the building.
She stated that the decks are an infringement on the privacy of the area neighbors and asked the
board to consider not granting the C. 0.
After an emotional outburst by spectators, Mr. John Moribito
moved to close the public hearing. George Fitzpatrick second the
motion. Motion carried.

�BUSINESS MEETING:
Mr. Fine reinerated the facts before the board, and asked if the
board was willing to make a decision. Mr. Moribito asked if it
was possible to remove the decks and replace them with fire excapes. Mr. Spencer stated that an area variance would be needed,
and the issue would be before the Zoning Board again. A discussion took place as to the cost of such a project.
Ms. Galgano asked if it was possible to cut back the present
decks and make a fire exit. Mr. Margotta stated the structure
would not be safe. After a long discussion, Mr. Moribito moved
to deny the request for a C. 0. and to have the decks removed.
Mr. Fitzpatrick seconded motion. A poll was taken, however at
this point, Mr. Hughes addressed the Board and withdrew the application.
IN THE MATTER OF LAURENTINO RODRIOUES, 180 VALLEY ST.. NO. TARRYTOWN, N. Y.
This is a public hearing to hear and consider an appeal by
Laurentino Rodriques from a decision of the Building Inspector in
denying a building permit for a restaurant in the building known
as 180 Valley Street, North Tarrytown. The restaurant is within
200 feet of a bakery, a delicatessen and a bar.
Mr. John P. Tucciarone, an attorney, represented Mr. Rodriques.
Mr. Tucciarone submitted the appropriate Affidavit of Service
receipts to the Recording Secretary.
He presented plans for a
Portugese seafood restaurant. Plans indicate a bar area in the
restaurant. The plans indicated the bar is only a service bar,
with 4 stools for waiting patrons.
Mr. Tucciarone also stated that there is ample parking for the
restaurant and that the restaurant will close early in the evening, thus eliminating noise in the area.
Mr. Richard Ayers, 82 Beekman Avenue, ask that the Board uphold
the ordinance that was passed on food establishments.
Mr. George Semaras, owner of Mike's Deli, asked that the Board up
hold the Code 62-20.2.
Mrs. Julia Vydarney owns a house across the street from 180 Valley Street and stated that there is a bakery, bar and deli in
that area and spoke against the proposed new restaurant.
At this point, Mr. Tucciarone had Mr. Rodriques give a status
report on the occupancy of the building, and Mr. Rodriques stated
he was having difficulty renting the stores, and he cited
economic hardship as a reason for requesting the variance.
Mr. Moribito moved to close the public hearing.
second the motion. Motion carried

Mr. Juan Pajadas

�-3

#

BUSINESS MEETING
Mr. Fine addressed the Board and reinerated the criteria for issuing a variance, one of which is economic hardship. Ms. Galgano
questioned the number of seats around the bar area, and discussion took place how the issue of maintaining a restaurant, and
not a bar.
Mr. Moribito moved to approve the variance with a stipulation as
to limit the size of the bar and number of stools, and that there
be no carry out food or liquor, and that it serves Portugese
style food.
Frank Paolantonio second the motion.
Motion
carried.
IN THE MATTER OF VINCENT MARGOTTA. 89-91 CORTLANDT ST. NO. TARRYTOWN. N. Y.
This is a continuation of last month's hearing.
Mr. Tucciarone stated that he is representating Mr. Larry
Rodriques, as he is a partner with Mr. Margotta in the building.

*

Mr. Rodriques plans to pay the fees for the consultant and architects, and will renovate the apartments in the building and
will consider establishing a commercial business other than a
restaurant or bar.
Mr. Richard Ayers asked if there was a possibility of a bar opening in the future. Mr. Rodriques responded no.
Mr. Polantonio moved to close the public hearing.
second the motion. Motion carried

John Moribito

BUSINESS MEETING:
Mr. Paolantonio feels it will be improvement and endorses the
project. Mr. Fitzpatrick agreed.
John Moribito moved to approve the variances with the condition
that all village fees are paid before the issuance of permits.
George Fitzpatrick second the motion. Motion carried.
IN THE MATTER OF JOSE LESTON, 131 DEPEYSTER ST. , NO. TARRYTOWN.
N. Y.
This is a public hearing to consider an appeal from a decision of
the Building Inspector in denying a certificate of occupancy for
a four family residence located at 131 Depeyster St., lot 32,
section 16, block 5. The property cards indicate that this is a
two family house.
•

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Mr. John Hughes represented the owner and requested an adjournment of his presentation until next month, however, the public
hearing could be held, if the board so desired. Mr. Hughes submitted the appropriate Affidavit of Service receipts to the
Recording Secretary.
It was decided to leave the public hearing open, Mr. Paolantonio
moved to postpone Mr. Hughes presentation until next month, Mr.
Moribito second, motion carried.
IN THE MATTER OF IMMACUALTE CONCEPTION CHURCH, DEPEYSTER ST.. NO.
TARRYTOWN. N. Y. fARCH RESOLUTION)
Mr. John Hughes, attorney for Arch, asked the Zoning Board to
grant an extension of a Resolution passed in May of 1990.
Mr. George Fitzagerald moved to approve the extension with the
provision to include a 90 day notice of intent before the end of
the year's extension. Mr. Moribito second the motion. Motion
carried.
IN THE MATTER OF JOHN AND MARY BENVIN. 65 COLLEE AVENUE. NO. TARRYTON. N. Y.
This is a public hearing to consider a decision of the Building
Inspector in denying a Certificate of Occupancy for a three
family residence located at 65 College Avenue, No. Tarrytown,
section 16, block 14, lot 23. Property cards indicate that the
property is a two family residence.
Mr. Gary Raniolo, attorney for the Benvins, presented the board
with appropriate Affidavits of Service receipts.
He also
presented the Board with insurance documents dating back to I960
indicating said property was insured as a three family residence;
a copy of the landlord's application for adjusting maximum rent
dated 1955 by the N. Y. S. Housing Rent Commission; and a 1989
letter from the North Tarrytown Reassessment Committee indicating
the property to be a three family house. He also presented letter from surrounding neighbors indicating the property was always
a three family residence.
Mr. John Moribito moved to close the public hearing.
Polantonio second the motion. Motion carried.

Frank

Mr. John Moribito moved to grant the Certificate of Occupancy for
a three family residence. Mr. George Fitzpatrick second the motion. Motion carried.
IN THE MATTER OF FRANCISCO AND JUANA CORONA. 5L GORY BROOK ROAD.
NO. TARRYTOWN. NEW YORK

�-5-

This is a continuation of a public hearing held in May, requesting a Certificate Of Occupancy for a 4 family residence. Village
records indicate this is a three family house. Mr. Arthur Litt,
Esq., represented the Coronas.
Mr. Margotta submitted his report and made recommendations as the
Board requested. He recommended that the outside stairs be relocated to gain better access to the basement, a window be installed in the basement apartment, and a window be installed in
the lower level bedroom.
George Fitzpatrick moved to close the public hearing,
Pajadas second the motion, motion carried.

Juan

Mr. Frank Paolantonio moved to grant the Certificate of Occupancy
for a four family residence subject to the recommendations of the
Building Inspector. Mr. Moribito second the motion. Ms. Galgano
abstained. Motion carried.
VALLEY STREET BAKERY, 180 VALLEY STREET, NO. TARRYTOWN. N. Y.
A letter was received from Mr. Tucciarone, attorney for Mr.
Mejias, properiator of the Valley Street Bakery, stating his
client would not be available to attend tonight's meeting.
Mr. Paolantonio stated that the applicant has failed to appear a
number of times, and continues to do business without the required variances. It was decided that the applicant must appear
before the Board next month, as the Board intends to act on this
matter whether he is present or not.
APPROVAL OF MINUTES
Frank Paolantonio move to approve the minutes of the May, 1991
meeting with corrections: In the Matter of Jimenez, 68 Beekman
Avenue:"strictly adhere to variance, otherwise variance will be
cancelled".
George Fitzpatrick second the motion.
Motion
carried.
Executive Session:
Mr. Spencer was asked to write up a resolution regrading an applicant requesting two adjournments.
Frank Paolantonio moved to close the Zoning Board Meeting, George
Fitzpatrick second the motion. Motion carried.
Meeting closed
at 10:50 PM
Respectfully submi^Ved,
icesca Lorenz
Recording Secretary

X

/

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J

•

June 15,1991

Zoning Board of Appeals
Village of North Tarrytown

Gentlemen:
We are the residents of Howard Street and the
surrounding neighbourhood.
We are aware that certain other neighbours in this area
have expressed concerns to the Zoning Board in a
proceeding that was to grant Mr. Desai the variances for
the existing porches at 62 Howard Street.
While there may be noise from the multiple dwelling,it is
minimal in nature .We know the owner and he has been
receptive to us and resolving concerns we may have.The
building presents a good appearance.Mr.Desai has made
sure refuge is promptly put out and the building is kept
in good repair.
We support his variance application.

V-

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Address:
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�GARY J. RANIOLO
ATTORNEY AND COUNSELOR AT LAW
49 BEEKMAN AVENUE
SUITE 10. P.O. BOX 763
NORTH TARRYTOWN. NEW YORK 10591
TEL #(914) 631-1999
FAX I (914) 631-5827

HAND DELIVERED

June 18, 1991

James T. Margotta
Building Inspector
Village of North Tarrytown
28 Beekman Avenue
North Tarrytown, New York 10591
RE: Applicants: John Benvin &amp; Mary Benvin
Premises: 65 College Avenue
North Tarrytown, New York
Tax Map Destination: Section 16, Block 14, Lot 23
Appeal and Petition for Variance
Dear Mr. Margotta:
In connection with the above captioned reference, enclosed
herewith please find the following documents for review by the Zoning
Board of Appeals in support of Mr. &amp; Mrs. John Benvin's petition:

•

1.

Copy of Declaration Page and General Liability Insurance
Policy for subject premises dated August 30, 1960 from
General Accident Fire and Life Accident Assurance
'
Corporation, Ltd. indicating insurance' coverage for a three
(3) family dwelling; and

2.

Copy of Landlord's application for increase of maximum rent &amp;
Order Adjusting Maximum Rent by the State of New York Housing
Rent Commission dated April 19, 1955 indicating the number of
housing accomodations in subject premises as three (3); and

3.

Copy of Letter dated December 1, 1989 from the Reassessment
Committee of the Village of North Tarrytown together with
information sheet from the Village of North Tarrytown
indicating subject premises as a three (3) family residence;
and

4.

Copy of Affidavits and Letters from local residence familiar
with subject premises.

�James T. Margotta
June 18, 1991
Page 2

Kindly submit the foregoing to the members of the Zoning Board of
Appeals for their review and convenience for the June 19, 1991 meeting.
Should you have any questions or comments, or require further
information and/or documentation, please do not hesitate to contact me.
Thanking you for your assistance and cooperation in this regard,
I am
Very truly yours,

rd^t

Gary J. Raniolo
GJR:gar
Enclosures
cc:

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Mr. &amp; Mrs. John Benvin

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�ENDORSEMENT
NOT VALID U N L E S S SIGNED BY A DULY AUTHORIZED R E P R E S E N T A T I V E OF T H E COMPANY

NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT

•

(BROAD FORM)
I t is agreed t h a t t h e policy does not apply:
.«-

I. Under any Liability Coverage, to injury, sickness, disease, death or destruction
(a) with respect to which an insured under t h e policy is also an insured under a nuclear energy liability policy issued
by Nuclear Energy Liability Insurance Association, Mutual Atomic E n e r g y Liability Underwriters or Nuclear
Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or
(b) resulting from t h e hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law
amendatory thereof, or (2) the insured is, or had this policy not been issupd would be, entitled to indemnity from
the United States of America, or any agency thereof, under any agreement entered into by the United States of
America, or any agency thereof, with a n y person or organization.
I I . U n d e r any Medical Payments Coverage, or under a n y Supplementary P a y m e n t s provision relating to immediate
medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from
t h e hazardous properties of nuclear material and arising out of the operation of a nuclear facility by a n y person or
organization.
I I I . Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from t h e hazardous
properties of nuclear material, if
(a) the nuclear material (1) is a t a n y nuclear facility owned by, or operated by or on behalf of, an insured or (2)
has been discharged or dispersed therefrom;
(b) the nuclear material is contained in spent fuel o r waste a t any time possessed, handled, used, processed, stored,
transported or disposed of by or on behalf of an insured; or
(c) the injury, sickness, disease, death or destruction arises out of the furnishing by an insured of services, materials,
p a r t s or equipment in connection with t h e planning, construction, maintenance, operation or use of any nuclear
facility, b u t if such facility is located within the United States of America, its territories or possessions or Canada,
this exclusion (c) applies only to injury to or destruction of property a t such nuclear facility.
I V . A s used in this endorsement:
"hazardous properties" include radioactive, toxic or explosive properties;
"nuclear material" means source material, special nuclear materia! or byproduct material;
"source material", "special nuclear material", and "byproduct material" have the meanings given them in the AtomicE n e r g y Act of 1954 or in any law amendatory thereof;
"spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation
in a nuclear reactor;
" w a s t e " means any waste material (1) containing byproduct material and" (2) resulting from the operation by a n y
person or organization of a n y nuclear facility included within the definition of nuclear facility under p a r a g r a p h (a)
or (b) thereof;
"nuclear facility" means
(a) a n y nuclear reactor,
(b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste,
(c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time
the total amount of such material in t h e custody of the insured a t the premises where such equipment or device is
located consists of or contains more t h a n 25 g r a m s of plutonium or uranium 233 or any combination thereof, or
more than 250 g r a m s of uranium 235,
(d) a n y structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste,
and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises
used for such operations;
"nuclear reactor" means any a p p a r a t u s designed or used to sustain nuclear fission in a self-supporting chain reaction
or to contain a critical mass of fissionable m a t e r i a l ;
With respect to injury t o or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property.
This endorsement is subject to all the agreements, conditions and exclusions of t h e policy except t h a t this endorsement
eliminates and replaces a n y other nuclear energy liability exclusion which m a y be contained in t h e policy.
This endorsement forms
a p a r t of Policy N o
0^L\l'Mr35

issued

to

JOHN B E N V I N ,

ETAL

b y G E N E R A L A C C I D E N T F I R E A N D L I F E A S S U R A N C E CORPORATION, L I M I T E D , or POTOMAC I N S U R A N C E
COMPANY, or by both said Companies as t h e interest of either or both a p p e a r s in the above mentioned)policy
A

.

ff

.. ,

AUG. 26, i960

r~
J -ZZJL
.
(Standard Time a s stated in the Policv)
D a t e and place of issue J Z 3 P / 6 0 TARRYTOr/N, N . Y .
/TL

JAMAS'F. 8RANNIGAN

and is effective from

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�G0uI?T7GPriCI*BLD|:

Docket N o . /

STATE OF NEW YORK . ' ;
TEMPORARY STATE HOUSING RENT COMMISSION
•

AC No.

LANDLORD'S APPLICATION FOR INCREASE OF MAXIMUM RENT
1. MAILING ADDRESS O F L A N D L O R D :

(Increased Services or Facilities)

2. M A I L I N G A D D R E S S O F T E N A N T :

77?

TEL.
_.NO._

NAME

NAME..._.

NUMItER AND
STREET

NUMBER A N D
STREET.

A. &lt;^i^,*^CC£^r
f^LsCs**?£2LlD_i=^_j!!^§?!Glidi±^__
Q*— CCt^-^^

CrTY. ZONE NO..
sb , /
/fA'POU
AND STATE
^L.L. / T r}^?.- •&amp;&gt;

CITY. Z O N E NO..
AND STATE

- S~*^ "(A

(Number and street)

3. Address of housing accommodations:

/

^^- . ^A-^/?/^jfij/r

4. The maximum rent for the housing accommodations is:

$_

z^O^.

/ L . &lt;
('jCr^A
( i y J * - ^ *"^

(

J&amp;b£&amp;t*^j£**32i*L(Day-Weck-Month)

tjj-jEfoom No.)

''S

(City, and Zone No.)

/jLstjJ
5. Rent hcing rj^fuested for the housingsrccommodations is: .--;;.-• f

^z/gSL

~per_ (Day-Week-Month)

7. Number of housing accommodations in building-

(Month-Day-Ycar)

6. Date tenant first took occupancy...

_3.

An increase in the maximum rent is requested on the following grounds (mark X in appropriate box and state details on reverse
side):
"

t

r j S ^ l . The landlord and tenant by mutual voluntary written agreement, subject to the approval of the Administrator, agree to a sub'
stanlial increase in dwelling space o r an increase in the services, furniture, furnishings or equipment provided in the
housing accommodations. (Tenant's Statement of Consent mustfSeTexSiuteti:)-^
J.
r~] 2. Landlord has installed furniture, furnishings o r cquipnicnJ^ORpro'vltled intrc2scdNy&gt;acc or aefvicV'
has impliedly consented.
/ \ / o^ ^
^ }fQ/f ^CL'^V
/QyS
. ^ I D ^ ^CQ
Q
3. Landlord has restored o r offered to restore services, e q / i f ^ e n ^ c t c . A^ich v / ^ c \ t h c \ basjsYbf an
maximum rent.
Q 4. Other.
I.
(Sec reverse side for InstrucYjqpds and IJtftiimj^^|^tejnenp--^i. ,'\ ^'^jfj^b(DO NOT W R I T E Bl

far*&amp;&amp;
'CO*

?

\fef

\ « &gt;

ORDER ADJUSTING MAXIMUM

**/«S io»

/7w

$5?

n
&amp;

After consideration of all the evidence in the record, and the tenant liaving consented to this application, and upon the grounds
stated in Section 33(1) (a) of the Regulations, the'-Local Rent Administrator finds that the maximum rent for the above described housing
accommodations should be adjusted.
,
Therefore, it is ordered that the maximum rent for the alnne descried housing accommodation be, and it hereby is, changed
from $.J*i?».QQ:

per . . . J Q O D t h _ to $._47#QQL.'.

.jaOn.til.-_, based upon the increased service or equipment indicated below:

H | Installation of television antenna by tenant

|~] New gas range (replacement)

r ] New Refrigerator (none before)

[~] New kitchen cabinets

|~] New Refrigerator -(replacement)
Q] New gas range (none before)
Q

t

1M.r

Q Furniture and furnishings

Other:

JWU»«&amp;
Issued __
FORM 33(1)C

Q Heat ajid hot water (none before)

(Rev. 5-53)

�STATEMENT OF LANDLORD

*

INSTRUCTIONS:
Give below a clear description of the improvements, services, equipment or facilities, the date the same were made
or furnished, and the cost thereof. The Administrator may request receipted bills or other evidence of the expenditure. If any increase
in the maximum rent has previously been granted because of such improvements, services or facilities, no adjustment of the maximum rent is warranted under this section of the "Regulations. T h e landlord must have the tenant complete and sign the Tenant's
Statement of Consent on the original and all copies. A separate application must be filed for each tenant.

^^^a^^f
n

' iy

. V

•

S T A T E O F N E W YORK
COUNTY O F

SS.:

-i.
, being duly sworn, deposes and says that he (she) has
read the foregoing application and the contents thereof arc true; and further that he (she) is maintaining all essential services provided or
required to be provided with,the housing accommodations involved as of March 1, 1950 or any subsequent date determining the maximum
rent and tbit he (she) will continue to maintain such services so long as the increase in such maximum, rent.which may be granted continues
in effect, -^,_. V / r j l ; , . / - - ~ ; ^ V ;, • / v ^
... .-.Vt"'*" '••* '
''
fH-*

'?rjrvrSworn to before me this,
-—.-

.... '_day of

* *3V*=-V

v;

lJ

195^
(Signature of Landlord)

.FILING INSTRUCTIONS:
'An original and three copies of this' application and accompanying documents, if any, must be filed with
the Local Rent Office by delivery or mailing. Before filing the application, be sure to sign the application (including all copies
thereof) and have only the original sworn to before a Notary Public or other person authorized to administer oaths. The tenant
must sign the original and all copies of the application in the space provided below if !K&gt;X 1 is marked "X".
TENANTS STATEMENT OF CONSENT
:il:i
., states that he (she) is the tenant of the housing
accommodations involved and was the tenant on the date the alleged improvement or change in services or facilities was made by
the landlord; and further that he (she) has read the foregoing application and that the improvement or change was made with his
(her) consent. A completely filled in and executed copy of this application was delivered to me at the time I signed this

DaifccL-

^--»«^*»^.^&gt;i^ii^*-;M^»^

0M

�.

V

Janet Gandolfo, Mayor
Sean Treacy, Deputy Mayor
TRUSTEES
Anthony Apollonio
Morris Alter
Nicholas Cicchetti
Timothy Coon
Michael Hyland

William T. Regan
Administrator

John Hughes, Jr.
Village Counsel

Angela Everett
Deputy Village Clerk

Frank Anzovino
Village Treasurer

HISTORIC PAST - GREAT FUTURE

December 1, 1989

Dear Property Owner,
The full impact disclosure statement for the reassessment of your
property is enclosed. This is for informational purpose only and
is not a tax bill. Further this applies only to your Village
taxes not school, county or state taxes.
•

During the data collection phase all parcels within the Village
were inventoried. This process allowed the Village to identify
those properties where the owner was utilizing the property in a
non-conforming and illegal manner.
The increase in taxes on the
property does not change the illegal nature of the use. For example, if the property is a two family home and you installed an
illegal third apartment, you do not have a. legal three family
home by the fact that you are paying taxes on a three family
home.
The Village has divided the new assessment roll into Homestead
and non-Homestead.
Basically, Homestead is the residential
property of three families or less, while non-Homestead represents all other real property.
In reviewing the enclosure you can determine if the value of your
property increased or decreased in relation to other properties
in the Village. You can also determine if your property tax for
the Village would have increased, decreased or remained the same.
This is not to be construed as an estimate of future taxes, but

t
28 Beekman Avenue, North Tarrytown, New York 10591
(914) 631-0113

�4

rather indicates the tax you would have paid this year if the new
valuation of your property were used.
The Village will continue to offer three exemptions.

1)

Old Age

2) Veterans (WW I and WW II)
3) Volunteer Fire Department
Information concerning values of neighboring parcels will be made
available for public inspection at Village Hall. Should you have
any questions regarding the assessment or wish to make an informal grievance, these will be taken by appointment only beginning
December 5th until December 19th.
Vpry truly yours,
Timothy P. Coon
Chairman
Reassessment Committee
Janet Gandolfo
Mayor

TPC/fl
encl.

�N.

•*r*

FOR

t!\IFOR?1ATl')M

OWNER

MO T A TAX ??ILL

HEA!?IMG LOCATION:
VTLLAilt MALL
28 P.E£K?1A-M AVE
MORTM TA33Y70WM NY

COUNTY OF WESTCHESTER
CALL FOr* A^POT^TME-VT
r £
&gt; :C„Q5-'.M, 11-1 S;?.a;M-4PM
T^L: 914 S^?-.V&lt;91 Or-? A S Q ?

*

0-'41. Y -

MO-'»TH TARRVJOWN
CA-'WLYN PPE7ZANQ
ASSESSOR'S OFFlCi
10591

IK'FORMATION

'VA-^ C E L

JO MM F R MAf?Y
^ 5 COLLEGE AVE
•N! TARRYTOWN
»iv 1 0 5 9 1

1

*&gt;CMVIH

Y0??&gt; PROPERTY AS nESCrciPED
l.S-OF
Df;C'-*»*!:*?. 1 / 1 ? * . °

***

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�STATE OF NEW YORK

)
)SS.:
COUNTY OF WESTCHESTER )

(Y~e-&lt;9^€ K...h&amp;.c'KJ,\I

1.

That I reside at 4x1 (oilp^e
North Tarrytown, New York. (/

2.

That I have resided at my present residence for approximately
LfQ years and have resided in the Village of North Tarrytown for
approximately tf(J years.

3.

That, upon information and belief, the dwelling located at 65
College Avenue, North Tarrytown, New York which is presently owned
by John &amp; Mary Benvin has been occupied .and maintained as a three
(3) family dwelling for approximately LfQ years.

4.

That I have personally known John &amp; Mary Benvin for approximately
^/ years.

5.

That I make this affidavit knowning that the Village of North
Tarrytown may rely on same in its consideration of John &amp; Mary
Benvin's application for a variance changing subject premises from
a two (2) family dwelling to a three (3) family dwelling, and *
further state that I have no objection to the Village of North
Tarrytown granting said application.

Sworn to before me this
day of June, 1991

:y Public '

•

, being duly sworn, deposes, and says:

RLOMCHA A. FALLACARO
Notary Pubhc, State of New York
No. 60-1155725
Qualified in Westchester Countv.

Commission Expires June 30,1 SjJ

tx

G(

Af~ye^^^_

,

�STATE OF NEW YORK

)
)SS.:
COUNTY OF WESTCHESTER )

•' '/N rL-,v/

/ffcr 7/V/9-A'

being duly sworn, deposes, and says:

1.

T h a t I r e s i d e a t n&lt;r /V\ Cl)f\SM//VX?/eK
N o r t h T a r r y t o w n , New York.

sfe-cEf

fY&lt;

//ftZf^V/^LUN

2.

That^I have resided at my present residence for approximately
"^ SL. years and have resided in the Village of North Tarrytown for
approximately tfC? years.

3.

That, upon information and belief, the dwelling located at 65
College Avenue, North Tarrytown, New York which is presently owned
by John &amp; Mary Benvin has been occupied and maintained as a three
(3) family dwelling for approximately , ? / years.

4.

That I have personally known John &amp; Mary Benvin for approximately
3 J2_ years.
That I make this affidavit knowning that the Village of North
Tarrytown may rely on same in its consideration of John &amp; Mary
Benvin's application for a variance changing subject premises from
a two (2) family dwelling to a three (3) family dwelling, and s
further state that I have no objection to the Village of North
Tarrytown granting said application.
/

/faAJf.J^jdfL
Sworn to before me this /** tf
day of June, 1991

'-l^Ud

Nptary Public

•

RLOMEMA A. FALLACARO
Notary PubHc Slate ot New York
No. 00-1155725
Qualified m Weiiihoitor County
Commission Expires June 30; 19Z.O

�STATE OF NEW YORK

)

)SS. :
COUNTY OF WESTCHESTER j

VftyCbeinq duly sworn, deposes, and says:

1.

That I reside at
North Tarrytown, New York.

2.

That- I have resided at my present residence for approximately
*3 fc years and have resided in the Village of North Tarrytown for
approximately ^7^j years.

3.

That, upon information and belief, the dwelling located at 65
College Avenue, North Tarrytown, New York which is presently owned
by John &amp; Mary Benvin has been occupied and maintained as a three
(3) family dwelling for approximately j*xJl Y e a r s •

4.

That I have personally known John &amp; Mary Benvin for approximately
3-1Years.
,i

5.

That I make this affidavit knowning that the Village of North
Tarrytown may rely on same in its consideration of John &amp; Mary
Benvin's application for a variance changing subject premises from
a two (2) family dwelling to a three (3) family dwelling, and *
further state that I have no objection to the Village of North
Taxrytown granting said application.

ix^h-^k^^
Sworn to before me this O T
day of June, 1991
JIMMY
Notary Public;
QuHHWin
.
Commission

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                    <text>d with respect to substance and form:

Village Att/cfifhey
Dated:

Approved by the Zoning Board
-

^

^

man ,or
or feting
\&amp;6i
airman
Chairman
ated

Filed with Village Clerk

Clerk or Deputy Clerk
Dated: 6/c3*/?/

Date of: Meeting

�NORTH TARRYTOWN, N.Y,
May 15th, 1991

PUBLIC HEARING

•

A regular meeting of the Zoning Board of Appeals was
held on the above date in the Village Hall, North Tarrytown, NY.
PRESENT

ABSENT:

Jerome Fine, Chairman
Costas Boumis
John Morabito
FrankkPaolontonio
Mary Galgano
George Fitzpatrick
Juan Pudajas

ALSO PRESENT:

Robert Spencer, Village Attorney
James T. Margotta, Building Inspector

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

-

In the Matter of Francisco &amp; Juana Corona, 51 Gory BROOK RoadRequesting C O . for 4-family residence.
'

- ' ' ••"

•

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-••

•

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' '

" — — — — —

-

• " • — • •

'

•

' -

-

-

The Clerk read the public notice to hear and consider an
appeal of Franciso and Juana Corona, 51 Gory Brook Road, North
Tarrytown, New York from a decision of the Building Inspector in
denying a Certificate of Occupancy for a four-family residence
at 51 Gory Brook Road, North Tarrytown, N.Y. known and duly
designated on Village Tax Assessment Map as Section 17, iMBlock 1,
Lot 24, located in an R4 Zone.
The official records of the village indicate that the
property is a three-family residence.
Mr. Arthur Litt representing the Corona family presented
Affidavit of Service to the Clerk.
Mr. Litt stated that the residence was a four-family
residence when the Corona's purchased the property in 1979.
He stated that affidavits had been obtained to verify that the
property has been four families.
Mr. Litt stated that two
apartments on the first floor were combined to make a large
apartment and an apartment was constructed in the basement.
The Corona's are asking the board to legitimize something that
was legal at the time. The Zoning Ordinance has been changed
since the residence was converted sometime in 1945.
Mr. Fine read a letter from Dr. E.V. Zegarelli of 120
Groy Brook Road stating his objections to granting the request.
(Copy in Official Minutes).
a i.
Mario DeFelice, 35 Gory Brook Road stated he built his
home in 1961 and at that time the Corona residence was a four
family residence and he has no objection to the Board granting
their request.

�-2There being no further comments, Mr. Boumis moved,
seconded by Mr. Morabito that the hearing be closed. Carried.
Business Meeting;
Mrs. Galgano stated the premises were a four family
residence now but not the same four family residence.
Mr. Fitzpatrick asked why after all this time they
wanted a variance.
Mr. Margotta stated they miglit want to sell or get
another mortgage and wanted the matter cleared up.
After a discussion Mr. Paolontonio moved, seconded by
Mr. Morabito that the matter be adjourned to the next meeting,
and that the Building Inspector be authorized to inspect the
premises and report back to the Board. Carried.
2.

In the matter of Elpedio Rodriguez &amp; Jose Hidalgo, 146
Cortlandt Street-Apts. 1 &amp; 3.

A letter was received from Robert E. Friou,Attorney
withdrawing the appeal without prejudice to being refiled
at a later date.
3.

In the matter of Josef Hidegues &amp; Vicenta Concepcion, 148
Cortlandt Street-Apts. 2 &amp; 3

A letter was received from Robert E. Friou,Attorney
withdrawing the appeal without prejudice to being refiled
at a later date.
4.

Injthe matter of Rosa Cruz, 148 Cortlandt Street-Basement
apartment.

A letter was received from Robert E. Friou, Attorney
withdrawing the appeal without prejudice to being refiled
at a later date.
5.

In the matter of Antonio Gallo, 148 Cortlandt Street-Apartment 7 .

A letter was received from Robert E. Friou, Attorney
withdrawing the appeal without prejudice to being refiled
at a later date.
6/

In the matter of Valley Bakery, 180 Valley Street-Continued.

Mr. John Tucciciarone Attorney for Valley Bakery stated
that the owner was unable to be present and respectfully requested
an adjournment until the next meeting. Request granted.

�-37.

In the Matter of Miguel Jimenez, 68 Beekman Avenue-Request
for Ice Cream Parlor Continued.

Mr. Jimenez informed the Board that the ice cream he
would be selling would be quality ice cream and not custard.
He felt he would not be in competition with any other establishment
and respecfully requests that the Board grant him a variance.
Mr. Chris Rezza, owner of Greene County and representing
the North Tarrytown Merchants stated they were not opposed to a
strictly ice cream parlor as long as no other food items were
sold. The merchants felt that after he opens the ice cream parlor
he would start selling various food items.
Mr. George Saraaris, owner of Mike's Deli on Valley Street
stated he was opposed to any new food establishments and stated
that approximately eight stores in the area sell ice cream.
Mr. Margotta stated that Mr. Jimenez had obtained a
building permit to renovate and clean out the store and the
permit did not have anything to do with the establishing of an
ice cream parlor. He understands that Mr. Jimenez has signed
an eight year lease and an ice cream machine is on the premises.
Mr. Jimenez^ stated he purchased the machine at a fair
price as the company was going out of business. Mr. Jimenez-j
stated that the ordinance was adopted to prevent further opening
of grocery and deli type stores, not ice cream parlors.
Mr. Rezza felt that the village should attempt to sefek
other types of business for the village so that the businesses
would be more diversified. There are too many food stores.
Mr. Louis Marchello stated he is the owner of Vinnie's.
Deli and Grocery and felt that Mr. Jimenez was not being truthful.
He told the Building Inspector one thing and ended up doing something" different. His store is located about 75 feet from Mr.
Jimenez's.
Mr. Tom Gioiella, GreeneCounty, stated the village has
installed new lights, new sidewalks and roadway and increased
our taxes. They should also try to encourage new business to
come into the area.
There being no further comments Mr. Boumis moved, seconded
by Mr. Morabito that the hearing be closed. Carried.
Business Meeting:
Mr. Morabito stated that ice cream parlors should only
sell ice cream, candles ice cream cake and not chilli dogs or
gifts.

�-4Mr. Margotta stated that it was impossible to enforce
the ordinance as written.
Mr. Boumis felt the ordinance was adopted in order to
limit the number of delis and grocery stores.
Mr. Paolantonio stated that Mr. Jimenez problem was
self-inflicted as he chose to sell an item that was included
in the ordinance. He would also like to see more specialty
shops and perhaps a flower shop.
Mr. Fitzpatrick stated the Valley Bakery had requested
a variance for a bakery and he is now back asking for additional
variances in order to sell various food items.
Mr. Boumis moved, seconded by Mr. Morabito that the
variance be granted with the conditionithat it will be an ice
cream parlor, that no hot chocolate, hot tea, coffee, cakes or
any other items no/connected with ice cream be sold.
Chairman Fine polled the Board as follows:
Mr. Boumis Mrs. Galgano Mr. Morabito Mr. Paolantonio
Mr. Fitzpatrick

Yes
Yes
Yes
- Yes
- No

Chairman Fine declared the variance granted.
8.

In the Matter of Vincent Margotta, Cortlandt Street-Continued.

Mr. John Tucciarone, representing Mr. Margotta outlined
the various items and the variances requested. He stated it was
impossible to comply with the present Zoning Ordinance with
buildings that have been around a long time. His client has
proposed the various changes as requestedbby:the -Planning Board
and Zoning Board. He has attempted to recoup some of his investment.
If the Board does not want a restaurant he will maintain it as
a tavern. If a tavern is not allowed they would consider
another type of commercial establishment.
There being no further comments Mr. Morabito moved,
seconded by Mr. Paolontonio that the hearing be closed. Carried.
Business Meeting;
After a discussion Mr. Fine requested that Mr. Margotta
submit a reviesed set of plans, including the tavern. Mr. Fine
requested that the Board members review the minutes of the previous
meetings and the matter be adjourned to the next meeting.

�-5Chairman Fine asked if there was anyone present who
would like to address the Board.
Mrs, Renee Cocqueran, Howard Street intjuired^asoto the
status of the request of the owner of 62 Howard Street. She
stated that she was opposed to the issuance of the variance.
She also stated that 65 complaints to the Police Department
regarding the nuisances committed at the property had been filed,
and she would like to have the decks removed.
Mr. Margotta stated he was waiting for a report from
the structural engineer as to the safety of the decks.
Mrs.Cocqueran stated she had witnessed someone falling
through the deck on April 23rd and was very upset with the
situation at 62 Howard Street.
Mr. Boumis stated the Board only deals with matters
that are covered by the Zoning Code.
After a discussion, Mr. Margotta was instructed to
inform the Engineer that the matter would be discussed at the
next meeting, and the Board would appreciate having his report.
Mr. Spencer stated that it might be a matter for the
Police Department rather than the Zoning Board.
Approval of Minutes
Mr. Boumis moved, seconded by Mr. Morabito that the
minutes of April 17th, 1991 be approved with the following
corrections:
Page 1 - Business Meeting-Should read:
Mr. Paolantonio stated that the house has been a three
family house since the 1940's. Mr. Boumis stated.that the
zoning before 1962 was ineffective. There were pre-existing
and non-conforming uses.
Costas Boumis made a motion to grant a Certificate of
Occupancy for the property of 82 Pocantico Street as a threefamily residence. Mr. Paolantonio seconded the motion. Motion
Carried.
Page 3 - Business Meeting-Should read:
Mr. Boumis stated that there is a dilemma in the
Cf^rification of the Village Code. Mr. Fine stated that there
are different types of variances and there should be a decision
as to whether or not an area variance or a use variance should
be applied. The Chairman concluded that the application should
be treated as a use variance.

�-6There being no further business to come before the
Board, Mr. Paolontonio moved, seconded by Mr. Morabito that the
same be duly adjourned. Carried.
sspectfully submitted,

i Amato
Acting Clerk

�NORTH EAST REGIONAL BOARD OF DENTAL EXAMINERS, INC.
Office of
Edward V. Zegarelli, D.D.S., M.S., Sc.D.
Chairman, Examination Committee
120 Gory Brook Road
No. Tarrytown, New York 10591
Tel: (914) 631-0049 (914)332-1754

Central Office
4645 Burroughs Avenue, N.E.
Washington, D.C. 20019
Tel: (202) 398-6196

Consortium
CONNECTICUT
DISTRICT OF COLUMBIA
ILLINOIS
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
NEW HAMPSHIRE
NEW JERSEY
NEW YORK
OHIO
PENNSYLVANIA
RHODE ISLAND
VERMONT
WEST VIRGINIA

Associate Members

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�JOHN P. TUCCIARONE
ATTORNEY AT LAW

May 14, 1991

390 BEDFORD ROAD
P.O. Box 416
PLEASANTVILLE, NEW YORK 10570
(914)769-6668

Zoning Board of Appeals
Village of No. Tarrytown
Re: 180 Valley Street
Sec. 16, Block 12, Lots 6A, 6B, 7A, 7C, 7E
Rehearing of Variance granted to "Valley Bakery*/"
To the Board:
My client, Francisco Mejias, will be unable to be present
with me at the meeting scheduled for Wednesday evening. May
15th, 1991. He must be away on a family emergency.
He has not authorized me to proceed without his presence,
and I accordingly request an adjournment of this matter until the next opportunity this Board may have to address the
same.
I thank you for your understanding and courtesy in this request.

JPT:kpr
CC. Mr. F . M e j i a s

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                    <text>Appi*aved w i t h r e s p e c t t o s u b s t a n c e and form:

tfiiii
Approved by the Zoning Board

airman or Acting Chairman
ated:
«&lt;*&gt; if, /??,
Filed with Village Clerk

lerk oor
Clerk
Deputy
Clerk
r Dep
pepul
Dated: 5 I^ /oi

April.., II,
Date of Meeting '

f99fi

�A regular meeting of the
Wednesday, April 17, 1991
Tarrytown, New York.
Present:

Zoning Board of Appeals was held on
at 8:00 PM in Village Hall, North

Jerome Fine, Chairman
Costas Bournis
John Morabito
Frank Paoloantonio
Mary Galgano
George Fitzpatrick
Juan Pudajas

Also Present: Robert Spencer, Village Attorney
James Margotta, Building Inspector
IN THE MATTER OF JOHN
TARRYTOWN. NEW YORK.

MORABITO.

95

BEEKMAN

AVENUE. NORTH

This is a public hearing to hear and consider an appeal from a
decision
in
denying
a
certificate
of occupancy for a
three-family residence at 82 Pocantico Street, known and duly
designated on the Village Tax Assessment Map as Section 15,
Block 13, Lot 46. Property record cards indicate the property
as a two family residence.
Mr. John Morabito appeared before the Zoning Board and presented
the Clerk with Affidavits of Proof of Receipt, and stated that
this dwelling was built in 1932 as a one-family dwelling which
was converted into a two-family dwelling. Since 1949-1950 it
has been converted into a three-family dwelling. This is a
modern dwelling which consists of three bedrooms, three kitchens
and also contains the availability of off-street parking.
Mr. Margotta inspected the dwelling, which in turn appeared to
be adequate.
Mr. John Cappello stated that the dwelling has
been a three-family house for years.
Mr. Paolantonio made a motion to
Motion was seconded by Mr. Bounds.

close

the public hearing.

Business Meeting:
Mr. Paolantonio stated, that the house has been a three-family
house since the 1940 s.
Mr. Boumis stated that the zoning in
1962 was inefficent. Thfere were pre-existing and non-conforming
uses.
Costas Boumis made a motion to grant a Certificate of Occupancy
for the property of 82 Pocantico Street.
Mr. Paolantonio
seconded the motion. Motion carried.

�f^k

IN THE MATTER OF MIGUEL
TARRYTOWN. NEW YORK.

JIMINEZ,

95

BEEKMAN

AVENUE, NORTH

This is a public hearing to hear and consider an appeal from a
decision in denying a building permit to install an ice cream
store at 66 Beelcman Avenue, duly known on the Village Tax Map as
Section 16, Block 6, Lot 6.
Mr. Miguel Jiminez came before the board and asked them to grant
him a building permit to install an ice cream store at 66
Beekman Avenue.
Mr. Jiminez states that the ice cream store is
in fact, not a restaurant or a deli. He believes that the
intent of the law as to stop the openings of new restaurants and
deli*s not to prevent an ice. cream parlor.
Jeanne Mettler, Esq. came before the board, representing the
Merchants of North Tarrytown Association. Affidavits of Proof
of Receipt were presentted to the Clerk with also a statement
from the merchants who support the intent of Section 62-20.1.
Ms. Mettler discussed economic hardship and the intent of the
law.
Mr. Jiminez stated that he is licensed by the State of New
York.
Richard Ayers who owns the Off Broadway Deli states that
according to Section 62-20.1 you would have to be within 200
feet of the next food establishment.
Mr. Henshaw stated that he was the former owner of Ice Cream
Villa and he would like the store to continue serving this
Village.
He believes that another ice cream store in this local
economy would develop an economic hardship. Mr. Howard stated
that an ice cream store would interfere with his establishment.
Ms. Suchy stated that the intent of the ordinance was to prevent
more food establishments so the existing establishments could
profit.
Mr. Paolantonio made a motion to
Motion was seconded by John Morabito.

close

the public hearing.

Business Meeting;
The board discussed
delicatessen.

the

diversification

of

restaurants

and

Frank Paoloantonio made a motion to continue the hearing at the
next said meeting. Motion was seconded by John Morabito.

;

-"'-j-"&lt;«:tsF4iffi'"s',"&gt;r^-s.- a.-- ^ " " a s ^ ^ f ^ ^ s ^ J * l£?5£^^

�IN THE MATTER OF VALLEY
TARRYTOWN, NEW YORK.

BAKERY.

180

VALLEY

STREET.

NORTH

This is a public hearing to hear and consider a request by
Valley Bakery to reconsider and clarify a previous ruling by the
Zoning Board, issued July 18, 1990 pursuant to Section 62-4 (A)
(1) of the Zoning code which ruling allowed a Chilean Bakery on
the premesis known as 180 Valley Street, North Tarrytown, New
York and designated on the Tax Assessment Map as Section 16,
Block 12, Lots 6A, 6B, 7A, 7C and 7E.
John
Tucciarone,
Esq. who is representing Chilean Bakery
presented the Clerk with Affidavits of Proof of Receipt. He
requested a copy of the July 18th ruling be obtained from the
Village Attorney.
At this point during the meeting there was
discussion on the intent of the Village Code.
Mr. Samaras stated that the Valley Bakery is in violation of the
code.
He also mentioned that their is competition between the
Village merchants.
Mr. Rodriques mentions the fact that he has
to lower or raise his prices, whichever is in his best interest.
The owner of the Bakery applied for a Chilean bakery. He stated
the fact that he was not using common goods he is using Chilean
products.
Ms. Julia Vydarney wrote a corresponding letter to the Zoning
Board
stating
that
she has no objections to a bakery,
however,she objects to having additional variances to allow the
sale of soda, coffee, soups and sandwiches.
Mr. Morabito made a motion to close the public hearing.
was seconded by Frank Poalantonio.

Motion

Business Meeting;
Mr. Boumis stated that there is a dilemma in the clarification
of the Village Code. Mr. Fine stated that there are different
types of variances there should be a decision as to whether or
not an area variance or a use variance should be applied.
Mr. Paolantonio mentions that it would be appropriate to sell
baking goods in a bakery.
Mr. Boumis made a motion to continue the hearing at the next
said meeting.
Motion was seconded by Mr. Paolantonio. Motion
was carried with the exception of Mr. Morabito and Mrs. Galgano
who abstained.

�IN THE MATTER OF VINCENT
TARRYTOWN. NEW YORK.
Mr. Rodriques stated
to another commitment.

MARGOTTA.

CORTIANDT

STREET. NORTH

that Mr. Margotta could no be present due

Mr. Bounds made a motion to postpone Mr. Margotta1s hearing
until the next meeting. Motion was seconded by Mr. Paolantonio.
At this point during the meeting all agenda items were heard,
and Mr. Morabito made a motion to approve the minutes of March
20, 1991 meeting.
Motion was seconded by Mr. Paolantonio,
Motion carried.
There being
10:00 PM.

no

further

Respectfully submitted,

Christine A. Yurko
Recording Secretary

business, the meeting was adjourned at

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*

•

with respect to substance and form;

Approved by the Zoning Board

rman or Xcting Chairman

ated: 4y/7'/?/

Filed with Village Clerk

.erk ox^Deputv CI
Clerk
Cler
Dated:

Date of Meeting

7

•

-&lt;^^i-#t^^^S^^4W%--.^

�4

A Regular Meeting of the Zoning Board of Appeals was held on
Wednesday, March' 20, 1991 at 8:00PM in Village Hall, North Tarry town, New York.
Present: Jerome Fine, Chairman
Costas Boumis
John Morabito
Frank Paoloantonio
John Cappello
Vincent Buonnano
Also Present: John Hughes, Village Attorney
James Margotta, Bldg. Inspector
Absent: Mr. James Karr
Chairman Fine read a letter from Attorney Donal Walsh requesting
an adjournment for his client Kirit Desai until April.
IN THE MATTER OF VINCENT KRIZMAN. 175 NO. WASHINGTON STREET, NO.
TARRYTOWN. N. Y.
This is a public hearing to hear and consider an appeal from a
decision of the building inspector in denying a certificate of
occupancy for a five family residence at 175 North Washington
Street,No. Tarrytown known as Section 16, Block 14, Lot 2.
Property records cards indicate the property to be a three family
residence.
Mr. Michael Krizman, appeared before the Zoning Board on behalf
of his father, and presented the Clerk with Affidavits of Proof
of Receipt, and stated that the property has always been a 5
family residence.
Mr. Fine stated prior to the Zoning Code, that this property has
been a 5 family house since 1960, and letters were placed into
the record as to the testimony of the residence being a 5 family
unit. Mr. Reinhardt of 41 College Avenue stated that he had no
objection to the house being zoned as a five family house. Mrs.
Mary Petkoff also stated that property has always been a 5 family
house.
Mr. T. Windle moved into the building as a tenant 15
years ago, and the residence was a 5 family house then, and
stated that the house has always been in good condition.
John Cappello made a motion to close the public hearing.
was seconded by Vincent Buonanno.

35

Motion

�*

Business Meeting:
Mr. Buonanno noted that the residence has always been a 5 family
residence and has sufficient off-street parking. Mr. Cappello
stated he knew Mr. Krizman many years, and considered him to be
of good character.
Mr. Morabito made a motion to approve the 5 family Certificate of
Occupancy based on the ruling that the building predates the
Zoning Code.
Mr. Paolantonio seconded the motion.
Motion
carried.
IN THE MATTER OF AGUSTIN TRIANA, 125 BEEKMAN AVENUE, NO. TARRYTOWN, NEW YORK
This was a public hearing to hear and consider an appeal of a
decision of the Building Inspector in denying a Certificate of
Occupancy for a four family residence located at 125 Beekman
Avenue, North Tarrytown, N.Y know on Village tax maps as Section
15, Block 10, Lot 13.
Property record cards indicated the
property as a three-family residence.
Mr. Hughes, Village Attorney, stated he has represented Mr. Triana on other matters and excused himself from the hearing. Mr.
Ralph Bettman, Attorney represented Mr. Triana and provided the
Clerk with the appropriate Affidavits of Proof of Receipt.
Mr. Bettman stated that the fourth apartment at this property was
constructed before the Fire and Building Codes.
A number of
residents stated that the building was always a four family
house. Mr. Bettman maintained that Mr. Triana could park 7 cars
on the property, thereby eliminating unnecessary street parking.
Mr. John Cappello made a motion to close the Public Hearing.
tion was seconded by Frank Paolantonio

Mo-

Business Meeting:
Mr. Paolantonio stated that he researched the records and found
that in 1965 this property was a 2 family house; the third family
was granted a Certificate of Occupancy. Mr. Buonanno stated that
in 1960 it was a three family house. At this point, Mr. Margotta
stated the Board could grant a variance to Mr. Triana.
Mr. Cappello asked for more time before the board granted a C O .
as he wanted to check out the property.
Mr. Buonanno made a move to deny the request for a Certificate of
occupancy. Costas Bournis seconded the Motion. A poll was taken
among the board, and all denied the certificate.
36

�Mr. Bettman made a statement that issues were raised after the
Public Hearing was closed, thereby eliminating his opportunity
for rebuttal.
IN THE MATTER OF BALBINA TRIANA. 125 BEEKMAN AVENUE, NO. TARRYTOWN, NEW YORK
This is a continuation of a Public Hearing requesting a Certificate of Occupancy for a garage apartment.
Mr. Gomez-Reifkohl appeared before the Board and presented the
applicant's divorce degree as requested by the Board.
Ms.
Gomez-Reifkohl also told the Board she sent a letter to the
tenant occupying the garage apartment to vacate the premises.
Ms. Gomez-Reifkohl requested the board grant a use variance due
to economic hardship.
Frank Paolantonio made a motion to close the Public Hearing.
John Moribito seconded the motion.
Business Meeting:
John Cappello made a motion to deny the request for the following reasons: a) This would be setting a bad precedent for the
area; 2) Undermine code uses ie. one house, one lot; 3) situation
is not unique and not in the best interest for the Village to
divert from the ordinances; and lastly, based on the information
provided, no economic hardship is seen in this matter. John
Moribito seconded the motion.
A poll was taken and all voted
to deny the request.
At this point, all agenda items were heard, and Mr. Paolantonio
moved to approve the minutes of the February Meeting. John Cappello seconded motion, motion carried.
There being no further business meeting was adjourned.
Respectfully submitted,

&lt;2A/6A^T

j \ ^t~c*&lt;.

Francesca Lorenz
Recording Secretary

37

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Approved with respect to substance and form:

'-7/
Approved by the Zoning Board

^5*T
tairman o r A c t i n g Chairman

'Dated: xfJfJQ /
F i l e d w i t h V i l l a g e Clerk

Clerk
Dated:

sJLei^ C
-\J^J^JLJJ^J)
e p u t y Clerk
jJ,/j~7~f7

i-faohi

Date or Meeting

�f

PUBLIC HEARING

NORTH TARRYTOWN, N.Y.
February 20th, 1991

A Regular Meeting of the Zoning Board was held on
February 20th, 1991 at 8 P.M. in Village Hall, North Tarrytown,
New York.
PRESENT:

Jerome Fine, Chairman
Costas Boumis
Frank Paolontonio
John Morabito
John Cappello

ABSENT:

James Karr
Vincent Buonanno

ALSO PRESENT:

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

Chairman Fine called the meeting to order at 8 P.M. and
stated that the first item of business would be as follows:
1.

In the Matter of Vincent Krizman, 175 No. Washington Street,
(Requesting Certificate of Occupancy for 5-family residence.)

The Clerk read the Public.Notice to hear and consider
an appeal of Vincent Krizman, 175 North Washington' Street, North
Tarrytown, N.Y., from a decision of the Building Inspector in denying
a certificate of occupancy for a five-family residence at 175
North Washington Street, North Tarrytown, N.Y.,.known and duly
designated on Village Tax Assessment Map as Section 16, Block 14,
Lot 2.
Property record cards indicate the property as a threefamily residence.
Mr. Fine asked if there was anyone present who would
like to address the board.
Mr. Krizman stated that he was the owner of the premises
at 175 North Washington Street.
Mr. Fine informed Mr. Krizman that it was a Public Hearing
on the matter and asked him for the Affidavit of Service of
notifying his neighbors of the public hearing.
Mr. Krizman stated he had not sent out the Public Notice.
Thereupon, Mr. Cappello moved, seconded by Mr.: Boumia
that the matter be put over until the next meeting. Carried.
Mr. Fine instructed Mr. Krizman to send out the necessary
public notices to all his neighbors.

�V
I

-22.

In The Matter of Kirit Desai of 136 Forest Blvd. Ardsley, N.Y.
Regarding denial of a certificate of occupancy for rear porches
at 62 Howard Street/ No. Tarry town, New York.

Clerk read the Public Notice to hear and consider an
appeal of Kirit Desai of 136 Forest Blvd., Ardsley, N.Y. from a
decision of the building inspector in denying a certificate of
occupancy for rear porches on property located at 62.-4i§war'd£JE&gt;€£?dt2fc,
North Tarrytown, N.Y., duly known and designated on Village*Tax
Assessment Map as Section 15, Block 6
Lot 27.
Schedule of Regulations, Part 1, requires the following for
a multi-family residence in an R-5 District:
1.

Width 40 feet.

Actual width 25 feet.

2.

Minimum lot size for a 6 family residence is 9500 sq.ft.
Actual lot size is 4125 sw. ft.

3.

Maximum lot coverage required is 30%.
36%.

4.

Front yard setback 20 feet.
setback is 3 feet.

5.

One side yard 5 feet, side yards 15 feet.Actual side yard is 1 foot, both sides are 2 feet.

Actual coverage is

Actual front yard

Mr. Fine asked if there was anyone present who would
like to address the Board.
Mr. Donal Walsh, Attorney for Mr. Desai presented
Affidavit of Proof of Service to the Clerk.
Mr. Walsh stated that there were legal problems in
connection with the property and were in the local j ustice court.
awaiting the outcome. He stated that Judge Frascati gave Mr. Desaian extension in order for him to clear the matter with the Zoning
Board.
He stated the property was purchased byMr.' Desai in 1986
from Mr. Rodriguez. He also stated that a building permit was
issued in 1981 to replace the fire escape on the non-conforming
premises. Recently a summons was issued to correct the situation,
and therefore Mr. Desai was requesting various variances.
Mr. Fine stated that the ?Building JInspector was requesting
a report from a Structural Engineer as to the safetyfof the,porches.

•

Mr. &amp; Mrs. James Coqueran of Howard Street stated that
the decks were too close to their property arid listed various "
complaints regarding the tenant's use of the decks, loud music, i :
the throwing of g a k g e off the decks into their property and felt
the landlord, who does not live on the premises, should have more
control of his tenants.

:..-j-*,.':'i£;^•&gt;.,', s-ij

\ &amp;M--,?ii ' &gt;^.^,%«'./-1--^:,^:, ~ ^ S - * * ^ ' ^ - i ^

�,-**

-3Kathy Guarneri owner of property adjacent to 62 Howard
Street stated the residents had submitted a petition with approximately
60 names to the Mayor and Board of Trustees regarding the nuisances
committed at said property. She felt that the landlord should
have a stricter control over his tenants. She also stated that
variances should have been granted before the large decks were
permitted to be built in. ;
Mr. Fine stated that the decks do not conform to the code
and the Board was trying to correct something that happened ten
years ago.
There being no further comments, Mr. Cappello moved,
seconded by Mr. Boumis that the matter he held over until the
next meeting.
BUSINESS MEETING: !Mr. Cappello stated that he would like to inspect the
premises.
3.

In the Matter of Vincent Margotta, 89-91 Cortlandt Street-

Mr. Fine'stated he had received a letter from Ron
Turnquist, Architect for Mr. Margotta, asking that the matter
be heard at the next meeting.
4.

In the Matter of Sosa Construction -60 &amp; 62 Hudson Terrace—

p

.

,

-

«

i

^

. I . . — i

—

• .

.

-

i

.

—

i

—

Mr. Fine stated that this matter was a continuance from
the previous meeting..
Mr. Arthur Litt, attorney for Mr. Sam Vieraa stated that
the Air Conditioner at 62 Hudson Terrace nasibeen removed to the
rear of the property! , He also stated that the corner of the
deck in violation of the code has been removed.
Mr ,a Litt stated that the variances requested for 60
Hudson Terrace were still being requested.
Mr. Fine stated that a letter had.been received' from :
Mr. &amp; Mrs. Ranieri, owners of property at 58 Hudson Terrace stating
they had no objection to the granting of the variance. (copy in
official minutes).
After a discussion Mr. Morabito moved, seconded by Mr.
Cappello that the variance requested by Mr. Viera for 60 Hudson
Terrace be granted. Carried.
5.

In the Matter of Balbina Triaha, 144 Beekman Avenue

Mr. Fine stated that a letter had been received from
Mrs. gomez-Riefkohl; attorney for Mrs. Triano requesting * that the
matter be heard at the meeting to be held in March as she was ill
with the flu.

&amp;-*,;._

- . ,i-'-J(

~-^i&amp;JL^--Z-^i*J^J5&amp;£S&amp;&amp;VEJ&amp;ii&amp;

�-4APPROVAL OF MINUTES
Mr. Morabito moved, seconded by Mr. Boumis that the
December 19th, 1990 be approved as written except for minor
changes. Carried.
Mr. Paolontonio moved seconded by Mr. Morabito that
the January 16th, 19 91 minutes be approved;with the following
change: Page 33 first pairagxaph of "Business Meeting" where
it reads "He stated he was not in favor of reopening the bar"
should read "He stated he was in favor of reopening the bar".
Carried.
There being no further business to come before the
meeting Mr. Boumis moved, seconded by Mr. Cappello that the
same be duly adjourned. Carried.
Respectfully submitted,

�05A y "

Zoning Board of Appeals
Village of North Tarrytown
28 Beekman Avenue
North Tarrytown, NY 10591
Gentlemen:
We are the owners of the property at 58 Hudson Terrace
which adjoins Mr. Vieira's property at 60 Hudson Terrace.
We wish to advise the Board that we have no objection
to granting variances to allow the existing decks at 60 and
62 Hudson Terrace to remain at their existing locations.
Very truly yours,

DIEGO R/QJIERI

ANGELA! RANIERI
58 Hudson Terrace
North Tarrytown, NY 10591

�XAN-16-91 WED 10:53
/

ALLEN LITT HULNICK

P. 01

FAX NO. 9146317583

/

ALLEN, LfTT &amp; HULNICK
A T T O R N E Y S AT LAV/
5 4 MAIN STfiEET
TARRYTOA'.Ni. NEvV Y O f t K i Q 5 S :
(S!4? S 3 l - 7 ? £ 8

ERKEST * . ALLEK ('.£&gt;.3 I 9 d 9 )
ARTHUR A. LJTT
DONAtO

~AX N O . 0 &gt; 4 &gt; $ 3 s - 7 S 8 3

HULU\C&lt;

LAUPJ.E M A c r O M A ' - D CCE
E A P B A 3 A E. STEIN

J a n u a r y 16, 1951

Hon. Chairman and Members.
Zoning Board of Appeals
Village of North Tarrytown
34 Beekir.an Avenue
North Tarrytown, NY 10591
Rei Application of Sosa Construction
Company, Ltd*
60-6 2 Hudson Terrace

}
CsntleRifiJi:

Confirming my conversation with the Building Inspector, Mr. /
James Margotta, this is to request that the captioned hearing on the
captioned application be adjourned to the February meeting of your;
Board. The principal of Sosa Construction Company, Ltd.i Mr, Samuel
Vieira, has been in Portugal attending to his elderly mother and has
not yet returned.
/
-

Mr.

•

-

'

-

Margotta ha,s agreed to the requested adjournment.

With thanks.
Se^pe^tfulL

y

Arthur'A". Litt

AALijgl7

-•

'

•

*

�WE; THE RESIDENTS OF NORTH TARRYTONN HEREBY REQUEST THAT THE
•

VILLAGE OF NORTH TARKXTOWN, BUILDING INSPECTOR, AND THE ZONING BQARD,ALLOW
VINCENT MARGOTTA, PROPRIETOR OF 91 CORTIANDT STREET KNOKN AS'VINNIE'S
PLACE",BE GRANTED PERMISSION TO RENOVATE AND RESTORE HIS PLACE OF
BUSINESS FOR PUBLIC USE. OVER THE YEARS IT WAS USED FOR SOCIAL ACTIVITIES.
IT WAS NEVER A PROBLEM TO THE VILLAGE OR RESIDENTS.

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WE; THE RESIDENTS OF NORTH TARRYTOWN HEREBY REQUEST THAT THE

•

VILLAGE OF NORTH TARRYTOWN, BUILDING INSPECTOR.AND THE ZONING BQARD,ALLOW
VINCENT MARGOTTA, PROPRIETOR OF 91 CORTLANDT STREET KNOWN AS'VINNIE'S
PLACE",BE GRANTED PERMISSION TO RENOVATE AND RESTORE HIS PLACE OF
BUSINESS FOR PUBLIC USE. OVER THE YEARS IT WAS USED FOR SOCIAL ACTIVITIES.
IT WAS NEVER A PROBLEM TO THE VILLAGE OR RESIDENTS.

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�WE; THE RESIDENTS OF NORTH TARRYTOWN HEREBY REQUEST THAT THE
•

VILLAGE OF NORTH TARRYTOWN, BUILDING INSPECTOR.AND THE ZONING BOARD,ALLOW
VINCENT

MARGOTTA, PROPRIETOR OF 9 1 CORTLANDT STREET KNOWN A S ' V I N N I E ' S

PLACE",BE GRANTED PERMISSION TO RENOVATE AND RESTORE HIS PLACE OF
BUSINESS FOR PUBLIC USE.

OVER THE YEARS I T WAS USED FOR SOCIAL ACTIVITIES,

I T WAS NEVER A PROBLEM TO THE VILLAGE OR RESIDENTS.

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�^

�Date of
Meeting

Applications Approved/Address

April 18, 1990

•

•

&gt;

(1)

•

None.

May 16, 1990
June, 1990 -

Sbenghechi
279 No. Washington Street
Construction
of
two
story
addition/garage.
Section 15, Block 12, Lot 21.

None.

NO MEETING

July 18, 1990

(1)

None.

August, 1990 - NO MEETING
September 25, 1990

(1)

ArcateKju^
225 Vtertfcer Avenue
Shed in rear
Section 17, Block 3, Lot 15.

(2)

Rutiglan
97 College Avenue
Auto Repair Shop.
Section 16, Block 10, Lot 17.1.

(3)

Brophy/Zelyey
194 Beekman Avenue
3 family dwelling
Section 16, Block 4, Lot 1.

(1)

Kringajf
149 Webber Avenue
Create building lot.

(2)

Damin
14 Dell Street
Section 17, Block 1, Lot 11
Area Variances - rehearing.

J,

October 17, 1990

Mejias
180 Valley Street
Restaurant Use
Section 16, Block 12, Lots 6A,
6B, 7A, 7C, 7E.

November 29, 1990

None.

December 11, 1990

None.

December 19, 1990

January 16, 1991

(1)

Akin .
28 Evergreen Way ,
Area Variance - Building Lot.

(2)

Ferreira
139
Cortland
2 family use.

(1)

Molina
15 College Avenue
8 family use.

Street

»• •«"- V --*-£--. Z

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                <text>Village of Sleepy Hollow All Rights Reserved.</text>
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                    <text>Approved w i t h r e s p e c t t o s u b s t a n c e and form:
Village Attorney
D a t e d : ^TVUIAXJU /f.

M*

Approved b y ^ t h e Zoning .1 _ Board
l a i r m a n ^ r A c t i n g Chairman
'Dated: •*»-/#- 1 t

Filed with Deputy Clerk
Clerk or Deputy Clerk
Dated: 3//f/fj

Date of Meeting

^^fiies^s^^s^la^^^^^^^si-^^

�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:

Molina

Premises:

15 College Avenue

Project:

8 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.

Dated: f~~ n-

4(

Village Counsel

�A Regular Meeting of the Zoning Board of Appeals was held on Wednesday, January 16th, 1991 at 8:00 PM at Village Hall, 28 Beekman
Avenue, North Tarrytown, N. Y.
PRESENT:

Jerome Fine, Chairman
Costas Boumis
Frank Paolantonio
James Karr
Vincent Buonanno

Also Present:

Absent:

James Margotta, Building Inspector
John J. Hughes, Village Attorney
Arthur Brady, Esq., Acting Village Attorney

John Cappello
John Morabito

Mr. Fine opened the meeting at 8:00PM and read a communication
from Arthur Litt, Esq., attorney for Sosa Construction, in which
he asked that the Sosa matter be adjourned until the February
hearing.
IN THE MATTER OF BALBINA TRIANA, 144 BEEKMAN AVENUE, NO. TARRYTQWN, N. Y.
Ms. Gor.-i^-Pief^ohl, E^q. , attorney for applicant presented a letter to the ^oard asking for a d^lay until the next regular Zoning
Ro^rd hearing.. However, Mr. Buonanno felt ir was imr&gt;orr.ar»+- :_-„
discuss the j?.?'ny violations thrt nurrcnti/ ^vi;/.. ir *-hn Jr1.:?.Idirg.
Mr. Margotta, the Building Inspector, stated that the apartment
addition lacked a building permit, and did not have a plumbing or
electrical permit.
Plumbing waste lines are plastic, and the
floor would have to be taken up to replace them with cooper or
cast iron lines. Gas fired heating unit and hot water tank was
installed without permits and an inspection. Sheetrock walls are
1/2 inch and should be 5/8 Fire Code.
The apartment is built on the garage floor. A four inch high
concrete floor should have been installed. This is to prevent
gas leakage and fumes from going under the apartment and causing
a fire or explosion. Also the main building is listed as a two
family residence.
A discussion ensued regarding the applicant's proving economic
hardship. Mr. Paolantonio made a motion to deny the continuance
and to vote on denying the requested variance. Mr. Karr seconded
the motion, however, the question of an owners' endorsement became an issue. At this point, Mr. Paolantonio withdrew his motion.
Mr. Karr made a motion to continue the hearing at next month's
meeting, contingent on a) that the tenant vacate the premises, b)

32

�establish who owns the buildings and secure a owner's endorsement, and 3) applicant provide information regarding
economic
hardship. Mr. Buonanno seconded motion. Motion passed.
IN THE MATTER OF VINCENT MARGOTTA, 122 DEPYESTER ST., NO. TARRY TOWN , N. Y.
This is a public hearing to hear and consider an appeal from a
decision of the building inspector in denying a building permit
to renovate 89-91 Cortlandt Street, No. Tarrytown, N. Y.
Mr. Ron Turnquist, architect for the proposed renovation, spoke
for the applicant. Two families are currently living upstairs in
89 Cortlandt, and 91 Cortlandt is unoccupied. 91 Cortlandt was
previously a bar. The kitchen and restaurant for the bar was located in 89 Cortlandt. Since the last hearing, the kitchen and
restaurant have been eliminated, and the proposed plans just show
the bar/lounge area being renovated, along with the upstairs
apartments of 91 Cortlandt St. All utilities and sanitary system
will be
updated.
Mr. Turnquist also stated that the liquor
license held by Mr. Margotta expires in 1993.
He also stated that the parking area would be larger by eliminating the old bakery stoves that are currently behind the building.
PUBLIC HEARING
Ms. Henrietta Brand, spoke• ,in I^varcf re-opening the.premjses
stating that people in that ar.ea.^ri irc-nther.place r c : socialize.
She also presented--^petiticr. with :-ver.thre° hundred si^-mtures
in favor of re-opening the bar.
Mr. Richard Ayers asked about Village Code 62-20-1 which states a
bar/tavern, delicatessen or other food service establishment
shall not be within 200 feet of another food establishment.
Mr. Buonanno moved to close the public hearing.
seconded by Costas Boumis.

The motion was

Business Meeting
Mr. Buonanno asked if this was a legitimate project for the Board
to consider. He stated he was not in favor of re-opening the
bar.
Mr. Fine recited the criteria the Board should use considering
the many variances requested by the applicant. Among others are
the economic hardship suffered by the applicant, whether this
project serves a public purpose, if the difficulty requiring the
variance was self-created, and the distance of the 200' minimum
as required by Code 62-20-1.
Parking is also major issue, as is the loading zone that would be
utilized at least 4 times a week.

33

�A motion to continue the discussion was made by Mr. Buonanno and
seconded by Buddy Karr. Motion passed.

ft

IN THE MATTER OF LEONCIO MOLINA,
RY TOWN, N. Y.

15 COLLEGE AVENUE, NO. TAR-

This is a continuation of last month's hearing.
Mr. Fine asked if the Public Hearing was closed, and Mr. Hughes,
Village Attorney, reviewed the minutes and so advised him that
the public hearing portion of the meeting was closed.
Business Meeting

%

Mr. Margotta stated that he inspected the premises, and found
them to be clean and reasonably well kept. He also stated that
the paperwork should be corrected to reflect that 8 apartments
have been in existence for many years. Mr. Buonanno also visited
the premises and he stated he was impressed with the good condition of the building and the apartments. After a brief discussion concerning the fact if variances were ever granted, and what
steps should be taken to correct situations such as the Molina
building, Mr. Buonanno moved to grant the ruling requested, on
the grounds that the 8 family apartment house has been in existence for a number of years,- b«*I&gt;re- a Village Zoning Code was established. Mr. Bournlc.seconded-the notion. Mr. Paolantonio did
not feel the vo^e to approve was appropriate and.. stated that the
illegal np5»T*tmer«tvo^r.ors could come before ths'-Roira and be
granted rulings based on !:he fach- that .they '.-^re - in-; 2::?. stance
before a zoning code was cestablished. He cited the reasons why a
Zoning Board was established. Mr. Hughes asked Mr. Margotta if
the building was a safe building, and Mr. Margotta responded that
it was safe.
A Poll was taken and the vote was 3 to 1 in favor of granting the
variance. Discussion closed.
A motion to adjourn the meeting was made by Mr.
seconded by Mr. Buonanno.

Boumis and

Meeting ended at 9:35 PM
Respectfully submitted,,
Fraricesca Lorenz
Acting Recording Secretary

%

34

- — ~ - &amp;s»rjgZJZ: - l£^***Hs - J &gt;*-1^V*i&gt;is^y$,s? ^J*-&lt;u

^ S ^ i ^ k l M ^ ^ ^ e &amp; ^ i r ^ i i ^ ^ ^ i S s : ^ ^ ^ ^ ^ ^ ^ ^ ^ ; ; ^ ^ ^ ^ ^ ^ ^ ^ ^

�A L V I A L. G O M E Z - R I E F K O H L
A T T O R N E Y AT L A W
2 7 NORTH BROADWAY - 3RD FLOOR
T A R R Y T O W N . N E W YORK

10591

914-332-1313

A D M I T T E D TO PRACTICE:
N E W YORK AND PUERTO RICO

January 16, 1991

Village of North Tarrytown
Zoning Board of Appeals
28 Beekman Avenue
North Tarrytown, NY 10591
Attn:

Members Zoning Board of Appeals

Gentlemen:
We are respectfully requesting that the public hearing in the matter
of Balbina Triana be continued to the next regular Board meeting.
;,j
Mrs. Triana expected to have additional documentation to present to
the Board and these documents are not available yet. Therefore, we ask
your indulgence in granting the continuance requested.

ms/ar

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