1 25 12 https://sleepyhollow.localarchives.org/files/original/4d06b470507470be439ca20bf549db1f.pdf 576d72655c77b734838c7fd8534bc7a8 PDF Text Text Appr/6"v&d with respect to substance and form: JAauL Village Attorne Dated: y ^ - Approved by the Zoning Board rman .orUActing Chairman ated:-y /f/ / f _ Filed with Village Clerk Clerk or Deputy Clerk Dated: 3 fa I <j<t^ JAA/O K?gY Date of Meeting )S Z??^ / �^ • Zoning Board of Appeals Regular Meeting North Tarrytown, New York January 15, 1992 A regular meeting of the Zoning Board of Appeals was held on January 15, 1992 in Village Hall, 28 Beekman Avenue, North Tarrytown, New York 10591. PRESENT: Jerome Fine, Chairman George Fitzpatrick Juan Pujadas Costas Bournis John Morabito Frank Paolantonio Mary Galgano ALSO PRESENT: James T. Margotta, Building Inspector Robert W. Spencer, Village Attorney 1. In the matter of Barbara Nackman, 279 Farrington Avenue, North Tarrytown, New York This is a Public Hearing to hear and consider an application by Barbara Nackman for a rear yard setback variance to permit the construction of an addition to a residence at 279 Farrington Avenue known and duly designated on the Village Tax Assessment Map as Section 14, Block 3, Lot IF. Mrs. Nackman appeared before the Zoning Board and presented the Clerk with Affidavits of Proof of Receipt of Notices. The applicant stated that she is going to construct an addition to her house, to make the kitchen larger. She needs a variance from the 25-foot rear yard setback requirement because the addition would be only 11 1/2 feet from the property line. The garage is currently at 11 foot 6. The addition would make the house even with the garage. Mr. Margotta stated that Mrs. Nackman did receive a similar variance sometime ago. The reason she is here is because she let it expire; however, the previous board approved the variance. PUBLIC COMMBHT; Mr. David Stiles stated that he owns property adjoining the Nackmans' property and has seen the architectural designs. He has no objection to the new proposed addition. BUSINESS MEETING: Mr. Morabito finds no reason to deny this application �since it was previously approved and also because it will not be closer than 11 1/2 feet to the property line and will be even with the garage. It was determined that the proposed action would be a Type II action under the State Environmental Quality Review Act and would have no adverse impact on the environment. Mr. Morabito made a motion to approve the variance which was seconded by Mr. Pudajas. Motion carried unanimously. 2. In the matter of Antonio Rodrigues, 358 North Broadway, North Tarrytown, New York This is a Public Hearing to hear and consider an application by Antonio Rodriques for use and area variances to permit the operation of a facility for the manufacture and assembly of kitchen cabinets at 358 North Broadway duly known and designated on the Village tax assessment map as Section 17, Block 21, and Lots 32-37. Mr. Robert Spencer, Village Attorney, excused himself from the hearing because he represents the seller of the property. Mr. Steven L. Kroleski, Esq. appeared before the Zoning Board and presented the Clerk with Affidavits of Proof of Receipt of Notices. Mr. Kroleski stated that the property is located in the C-l Highway Commercial zone which does not permit the operation of a facility of the type proposed by the applicant. Furthermore, the applicant needs side yard and rear yard set back variances. Mr. Rodriques has been in North Tarrytown for seven years, at a small location in an area that is mixed with retail and residential. There have not been any complaints concerning noise, environmental concern, parking or anything else. He would like to do the same thing in a new location with one exception, he wants to open a showroom which will not cause a burden. In dealing with parking, Mr. Rodriques would not have a great need for parking because most of his clients are contractors and come to the facility by appointment only. PUBLIC COMMENT; Ms. Matheson questioned how would he expect to get a variance for the rear if he only has 5 feet. Mr. Fine stated that the existing structure would be the same, the building would just be maintained. The building does not conform to the Zoning Code of North Tarrytown. In order to occupy this building he has to come before the Zoning �Board for a variance. Mr. Margotta stated that at this point in time there are no plans for the building. It will just be occupied. Trustee Nazemetz urged the Board to consider this request because Mr. Rodriques is starting to make that area into a retail area which would be a plus to the Village. Mr. Morabito made a motion to close the Public Hearing which was seconded by Mr. Fitzpatrick. Motion • carried unanimously. BUSINESS MEETING; The Board discussed the parking conditions and certain lot lines on the map of the proposed facility. These lines need to be explained. The architect stated that he would make the lines on the map more clear to the Board. This map was sent to the County because Route 9 is a State road. The map was also sent to the D.O.T. This is mandatory. Before next month's meeting, changes will be made on the map which will be discussed at the next meeting. Changes should also be made so they also conform with the requirements of Westchester County. At the next meeting an attorney representing the Village will be present. The Board agreed unanimously to put this matter onto next month's agenda. 3. In the matter of Laurentino Rodrigues, 91 Cortlandt Street, North Tarrvtown, New York This is a Public Hearing to hear and consider an application by Laurentino Rodiques for the operation of a restaurant at 91 Cortlandt Street, duly and designated on the Tax Assessment Map as Section 16, Block 4, Lot 25. Mr. Rodriques appeared before the Zoning Board and presented the Clerk with Affidavits of Proof of Receipt of Notices. Mr. Rodriques stated that he would like to open a Chicken-Fry restaurant in North Tarrytown and would like the Board to consider his application. PUBLIC COMMENT; A motion was made by Mr. Paolantonio to close the Public Hearing, which was seconded by Mr. Morabito. Carried unanimously. �BUSINESS MEETING; Mr. Fine stated that this type of variance has been considered in the past. The Village is concerned about the situation and the fact that there are too many food establishments. It looks like it would be nice installation and it is unique. Mr. Morabito stated that Mr. Rodriques has done a great deal with the Village and feels that there is nothing wrong with a Chicken-Fry restaurant. Mrs. Galgano stated that there may not be a demand for parking because people would be in walking distance. There is a concern about the odor that may exist. Mr. Fine is also concerned with the odor and also how the packaging would take place, so it doesn't become a sanitary problem. Mr. Margotta stated that the Village could put more litter baskets up and down the block where the restaurant is located. As far as the odor is concerned the health department will have regulations for the exhaust systems. The problem of odor will probably still exist. Mr. Rodriques stated that he would provide whatever is necessary. It was determined that the proposed action would be an unlisted action under the State Environmental Quality Review Act, and that there would be no significant adverse impact on the environment. Mr. Morabito made a motion to grant the variance for parking and the restaurant, which was seconded by Mrs. Galgano. Motion carried unanimously. EXECUTIVE SESSION; The minutes of the Special Meeting of December 5, 1991 were approved, as amended by Mrs. Galgano. Mr. Morabito made a motion to approve the minutes, which was seconded by Mr. Fitzpatrick. Motion carried unanimously. The minutes of the regular meeting December 18, 1991 were approved with a motion being made by Mr. Morabito and seconded by Mr. Pujadas, as amended by Mr. Paolantonio. Motion carried unanimously. Mr. Fine received a written letter from Westchester County concerning an extension. The Zoning Board discussed the parking situation with Smith Memorial, Inc. The minutes of the regular meeting dated �November 20, 1991 are to be reviewed. A motion was made by Mr. Morabito to adjourn the meeting which was seconded by Mr. Paolantonio. Motion carried unanimously. The meeting was adjourned at 9:30 PM. Respectfully submitted, Christine A. Yurkovic Recording Secretary � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1992 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1992-01-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-1992 Date A point or period of time associated with an event in the lifecycle of the resource 1992 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/4486870f69e942108ee1f96db3236fd1.pdf 8355094098e4945274d06e92b2c59e27 PDF Text Text Approved with respect to substance and form: tWI hllfc* Village Attorney Dated: Approved by the Zoning Board z^u/. [airman, or A c t i n g Chairman )ated: 5/ ItL F i l e t i with V i l l a g e Clerk mtW e±einr'or Deputy! Clerk Dated: \ I %^f^ 2 Date of Meeting <l/**>/ ? �REGULAR MEETING North Tarrytown, New York February 19th, 1992 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 Frank Paolontonio Mary Galgano George Fitzpatrick ABSENT: Juan Pujdas ALSO PRESENT: 1. James Margotta, Building Inspector Robert Pe|rce, Village Attorney (Acting) Antonio Rodrigues, 358 No. Broadway - Continued. Mr. Rodrigues presented revised plans to the Board for their review. Mr, Fine stated that a "Use Variance" and an "Area Variance" laais^being requested by Mr. Rodrigues. Discussion followed and Mr. Fine stated he was concerned for the residents whose properties were on top of the hill over the building. Mr. Margotta stated if complaints were received, they would be referred to the Westchester County Health Department. He also stated there would be no spray painting allowed on the premises. Mr. Paolontonio stated that the use would be changed from an auto showroom and agency to a cabinet manufacturing plant and he considered that "spot zoning" arid was -againfet granting of the variances. He was not against a showroom for cabinets but was against manufacturing cabinets. Mr. Fitzpatrick felt the building was a "white elephant" and felt granting the variances would be an improvement to the area. Mrs. Galgano stated she was against another auto body shop being in the area and felt that granting the variances would benefit the area. Mr. Boumis stated that the applicant presently has a shop on Valley Street and apparently there have been no complaints and felt that the showroom would be a benefit to the community and the area. �-2Mr. Morabito stated he has lived in the area for over fifty years and felt that a showroom would be beneficial to the area and if another auto body show were allowed the area would i-ooK like a junk yard. Mr. Morabito moved, seconded by Mr. Fitzpatrick^that the "Use Variance" and "Area Variance" requested by Mr. Rodrigues for lots 218 to IPt 224 be granted as requested. Mr. Fine polled the Board as follows: Mr. Boumis Mr. Morabito Mr. Paolontonio Mrs. Galgano Mr. Fitzpatrick Mr. Fine declared - Yes - Yes - No - Yes - Yes the motion carried. Minutes Mr. Morabito moved, seconded by Mrs. Galgano that the minutes of January ^"th, 1992 be approved with minor corrections. Mr. Boumis abstained and the motion was unanimously carried. Mr. Fine stated that revised minutes had been received from the Village Attorney and after discussion Mr. Paolontonio moved, seconded by Mrs. Galgano that the revised minutes of October 16th, November 30th, December 5th and December 18th, 1991 be accepted as revised. Unanimously carried. Executive Session Mr. Pelirce stated that the Board had received a copy of the decision in the Triana Case and the Triana^" had thirty days to refile with the Zoning Board for another decision to their request. Mr. Fine stated he had received a letter from the P.M.I.A. recognizing the 25 foot rear setback and their comments on the matter. Mr. Fine reported that a Seninar was to be held at Pace University on April 29th and 30th and May 6th and 7th regarding Zoning. Members were invited to attend. The Board would request permission to attend at a nominal cost to the Village. There being no further business to come before the Board Mr. Fitzpatrick moved, seconded by Mr. Boumis that the same be duly adjourned. Unanimously carried. Respectfully submitted^ V ,-Ifene Amato,( Acting Clerk Acting C l e u . � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1992 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1992-02-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-1992 Date A point or period of time associated with an event in the lifecycle of the resource 1992 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/99023088df21f5d4e5605adaca32072c.pdf 92826591cf75e0d7c55f6bb8af4fc137 PDF Text Text bstance and form: Appro^e^ by the Zoning Board Chairmafn or ActJffrCr Chairman Dated: ifjigfo. Filed with Village Clerk .Clerk or Deputy Clerk Dated: Y//C/?L. M<ir^U 11 Date of Meeting / 1192- �» Zoning Board of Appeals Village of North Tarrytown Regular Meeting March 19, 1992 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 Frank Paolontonio Mary Galgano George Fitzpatrick Juan Pujdas Also Present: James Margotta, Building Inspector Robert Spencer, Village Attorney Chairman Fine called the meeting to order at 8 P.M. 1. Louis Falasca, 162 Millard Avenue-Construction of a Garage. The Clerk read the public notice to hear and consider an application by Louis Falasca for a variance to permit the construction of a garage within seven (7) feet of the rear property line on premises at 162 Millard Avenue, North Tarrytown (Section 14, Block 17, Lot 2 on the tax assessment map of the Village of North Tarrytown). Chairman Fine asked if there was anyone present who would like to address the Board. Mr. Falasca presented Affidavit of Service to the Clerk. Mr. Falasca stated that he was advised by the Building Inspector that the Code requires a twenty-five foot rear yard setback and he was requesting a variance to allow him to construct a garage seven feet from the rear property line. Mr. Benjamin Hunter, neighbor to the rear of the Falasca property, stated he objected to the granting of the variance as he felt it would be too close to his rear yard, and the garage would be too big and imposing. There were comments by other neighbors opposing the granting the variance. There being no further comments, Mr. Morabito moved, seconded by Mr. Paolontonio, that the public hearing be closed. Unanimously =i.Vi-ti *-jt^si'f^ir---~^.-^^*S< gz^s.i*. :=-i.«i* -_ .^--^^—iL^-a^^t*^ �carried. BUSINESS MEETING Mr. Fine stated that the code is somewhat delinquent regarding rear yards and accessory buildings. Mr. Morabito felt the matter Building Inspector. should be referred to the Mr. Margotta stated he has reviewed the matter many times. He stated that the Schedule of Regulations under the Zoning Code can be interpreted as requiring a 25 foot rear yard setback for all buildings in residential zones. He felt the Zoning Board should make the decision or send the matter back to the Board of Trustees for review. Mr. Paolontonio stated he had inspected various accessory buildings in Phil ipse Manor and 90% of them are very close to the rear property line, and felt that the Board should grant permission to build the garage. A discussion followed regarding the interpretation of the code regarding rear yard setbacks. The Board determined that the proposed action is a type II action under SEQRA and will have minimal adverse impact on the environment. Mrs. Galgano moved, seconded by Mr. Morabito, that a variance be granted to permit the construction of a garage within seven (7) feet of the rear property line on premises at 162 Millard Avenue, North Tarrytown, N.Y. Unanimously carried. 2. Mary Fisher, 78 Beekman Avenue, Reconstruction of a fourfamilv residential/commercial building. The Clerk read the public notice to hear and consider an application by Mary Fisher for variances to permit the reconstruction of a four-family residential/commercial building at 78 Beekman Avenue, North Tarrytown (Section 16, Block 6, Lot 12 on the tax assessment map of the Village of North Tarrytown) which will require the following variances: 1. the lot contains only 3,125 square feet (6,500 square feet if required); 2. the lot is only 25 feet wide (50 feet is required); 3. the proposed building will cover 48% of the lot (a 2 �maximum coverage of 30% is permitted); 4. the front yard is only 0.4 feet (20 feet is required); 5. there are no side yards (5 feet on one side and 15 feet for both sides is required); 6. there are no parking spaces (6 parking spaces are required for the residential portion of the building and 5 spaces are required for the commercial portion of the building); and 7. the commercial portion of the building will contain a food establishment which will be located within 200 feet of another existing food establishment. The applicant also seeks a certificate of occupancy for the premises as a four-family residential/commercial building. Mr. John Hughes, representing Mary Fisher, presented Affidavit of Service to the Clerk. Mr. Hughes stated that the applicant is an elderly person who has owned the property for many years. She conducted a restaurant on the premises for many years before the building was damaged by fire more than one year prior to her application for a variance. It is her wish to rebuild and reopen the restaurant. It is impossible to rebuild the building without the requested variances. He stated that all the neighboring buildings are non-conforming, and the building as it stands is an eyesore. Armando Galella, Depeyster Street, stated that the Board should show compassion for the woman who has been in business for approximately forty-five years. There being no further comments, Mr. Boumis moved, seconded by Mr. Morabito, that the public hearing be closed. Unanimously carried. BUSINESS MEETING A discussion followed regarding the variances requested. Mr. Spencer informed the Board they had the power to waive various provisions of the code by granting appropriate variances. The Board determined that the proposed action is a type II action under SEQRA and will have minimal adverse impact on the environment. John Hughes suggested that action on item 7 of the requested variances be deferred at this time, and that action on the request for a Certificate of Occupancy as a four-family residence be ---;-. ,_-•&-„+» r-^-irfii ^ f c ^ a i i ^ i ^ i i j j y i S a f c ^ i ^ fe-s �deferred at this time . Mr. Morabito moved, seconded by Mr. Boumis, that items 1 to 6 be approved as requested and that approval of item 7 and the certificate of occupancy be deferred. Unanimously carried. Mr. Morabito moved, seconded by Mr. Boumis, that the reconstruction of the building be no higher than prior to the fire. Unanimously carried. 3. Armando Galella, 47 Depeyster Street-Certificate of Occupancy as a three-family residence. The Clerk read the public notice to hear and consider an application by Michael Galella for a certificate of occupancy for the premises at 47 Depeyster Street, North Tarrytown (Section 16, Block 12, Lot 5) as a three-family residence. Mr. Galella stated he had purchased the property in 1986, which was a two-family residence with a partially completed apartment in the attic. Since 1986, he has renovated the attic and the two apartments. He is in the process of refinancing his mortgage and needs a certificate of occupancy stating the premises is a legal three-family residence. There being no further comments, Mr. Morabito moved, seconded by Mr. Paolontonio, that the public hearing be closed. Unanimously carried. BUSINESS MEETING Mr. Paolontonio stated he had inspected the property and found there was ample parking for a three-family residence. Mr. Margotta stated he had conferred with Mr. Galella who will . install another stairway to the attic and will conform to the village codes. Mr. Galella stated that the residence is assessed as a threefamily residence on the village tax rolls. The Board determined that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. Mr. Paolontonio moved, seconded by Mr. Morabito, that the village records for the premises be changed from a two-family residence to a three-family residence. Unanimously carried. MINUTES 4 �Mr. Boumis moved, seconded by Mrs. Galgano that the minutes of the meeting held on February 19th, 1992 be accepted as presented, with minor corrections. Unanimously carried. EXECUTIVE SESSION TRIANA PROPERTY-Beekman Avenue A discussion followed regarding the violations and the Building Inspector was instructed to write a letter to the property owner, directing them to vacate the illegal apartment. There being no further business to come before the meeting, Mr. Boumis moved, seconded by Mrs. Galgano, that the same be duly adjourned. Unanimously carried. Respectfully submitted, Irene Amato, Acting Clerk 5 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1992 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1992-03-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-1992 Date A point or period of time associated with an event in the lifecycle of the resource 1992 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/71137b0707a52bb06544e1bfe12a636c.pdf ea9330376d063499ad0e785c90c94546 PDF Text Text ApproVeck with respect to substance and form: u Village Atto Dated: Approved by the Zoning Board Cha Dated f armtran 6/nf?2— Filed with Village Clerk e« Clark o r Deputy Clerk D a t e d : £ / / p /<? %_ APRIL 15, 1992 Date of Meeting <r~ �Zoning Board of Appeals Regular Meeting North Tarrytown, New York April 15, 1992 A regular meeting was held by the Zoning Board of Appeals at 8:00 PM on April 15, 1992 in Village Hall, 28 Beekman Avenue, North Tarrytown, New York 10591 Present: Costas Bounds Frank Paolantonio John Morabito George Fitzpatrick Mary Galgano Michael Masias Also Present: Absent: James T. Margotta, Building Inspector Robert J. Ponzini, Village Attorney Juan Pujdas Mr. Ponzini called an organizational meeting to order stating that the Zoning Board of Appeals will nominate and vote for a chairman and vice-chairman. Mr. Paolantonio made a motion to have Mr. Fitzpatrick hold the position of chairman, seconded by Mrs. Galgano. The Board voted unanimously to elect Mr. Fitzpatrick as Chairman. Mr. Morabito made a motion to have Mr. Paolantonio hold the position of vice-chairman, seconded by Mrs. Galgano. The Board voted unanimously to elect Mr. Paolantonio as Vice-chairman. IN THE MATTER OF JOSE RODRIQUES, 21 KENDALL AVENUE, NORTH TARRYTOWN. NEW YORK. A public hearing was held to hear and consider an application by Jose Rodriques for a variance to permit the conversion of a onefamily residence at 21 Kendall Avenue (Section 15, Block 10, Lot 20 on the tax assessment map of the Village of North Tarrytown) to a two-family residence. Ms. Jennifer Maspatonio, representing the applicant, submitted Affidavits of Proof of Receipt of Mailing to the Acting Clerk. These receipts were reviewed by Mr. Margotta. Mr. Ugo Checchi stated that he resides at 51 College Avenue and has been a resident of North Tarrytown for 60 years. He also stated that he was well aware of 21 Kendall Avenue due to work that has been done for the current owner. He installed two boilers two years ago, proper procedures were taken. Mr. Checchi stated that he has spoken with neighbors on Kendall Avenue and that this house **J ?- ^ J s ^ ^ ^ C ^ l M L ^ ^ ^ �has always been a one-family house, but is now being used illegally as a two-family house. Mr. Checchi stated that he would like to know when the plumbing was done in the kitchen and the bathroom. He stated that his job has been done within the last three or four years. In his opinion, this house is illegal at the present time. When he was working there, there was one person living in the basement. Mr. Margotta stated that he inspected it and said that no one was living in the basement, but the house was set up for a two-family residence. Ms. Maspatonio stated the past history of this house. In 1903, the house was labeled as a two-family house. In 1964 the Zoning Code was adopted. The house became a two-family non-conforming use. Mr. Rodriques bought the premises in 1984, and since then it has been assessed as a two-family home. Mr. Morabito made a motion to close the Public Hearing, seconded by Costas Bounds. Motion carried unanimously. Discussion Mr. Paolantonio questioned Mr. Ponzini as to whether or not the plumbing issue has any bearing on this factor. Mr. Ponzini stated that the question of legal or illegal plumbing is a separate matter, which involves the Building Inspector and the Plumbing Inspector. Discussion ensued. Mr. Morabito made a motion to grant the variance subject to inspection of the plumbing, seconded by Mr. Paolantonio. Discussion ensued. Mr. Fitzpatrick stated that he would like to make a condition which states that the driveway should be used by the tenants. Motion carried unanimously, with the condition added by Mr. Fitzpatrick. IN THE MATTER OF WILLIAM D. AKIN, 28 EVERGREEN WAY, NORTH TARRYTOWN. NEW YORK. Mr. Ponzini state that he was contacted by the applicant and neighbors. Mr. Akin's attorney could not attend the meeting. The attorney requested adjournment of the hearing for the next available meeting of the Zoning Board so the application can be presented in its entirety. A motion was made by Mr. Paolantonio to adjourn the hearing until April, seconded by Mr. Morabito. Carried unanimously. Discussion Mr. Morabito made a motion to accept the minutes of March 18, 1992 as received; seconded by Mrs. Galgano. Carried unanimously. 2 �Mr. Ponzini stated that the Code reads five members were to be members of the Zoning Board. In 1988 the Zoning Board was expanded to seven members, but the Code was not changed. Mr. Ponzini stated that a letter from the Chairman to the Board of Trustees may be appropriate to hold a Public Hearing to amend the Code. Mr. Poalantonio made a motion to adjourn the meeting seconded by Mr. Boumis. Being no further business, the meeting was adjourned at 9:15 PM. Respectfully submitted, Christine A. Yurkovic Recording Secretary 3 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1992 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1992-04-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-1992 Date A point or period of time associated with an event in the lifecycle of the resource 1992 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/ce9ca8fe727a734b5978fbe335f61e35.pdf aa59f025a28aca6b239d0b7f04feb523 PDF Text Text Apppro^ed with r e s p e c t t o substance and form: Oficii. Villa'de Attorney Dated? u Hi-ilrr Approved by the Zoning Board Chairman Dated: <>// 7/9j? ' Filed with Village Clerk Deputy Clerk Clerk or, or Depu_ Dated: C // P 191^ MAY 2 0 , 1992 Date of Meeting �Zoning Board of Appeals Regular Meeting North Tarrytown, New York May 20, 1992 A regular meeting of the Zoning Board of Appeals was held on May 20th, 1992 at 8:00 P.M. at Village Hall, North Tarrytown, New York. PRESENT: George Fitzpatrick, Chairman Frank Paolantonio John Morabito Juan Pujdas Michael Masias ABSENT: Mary Galgano Costas Boumis ALSO PRESENT: James Margotta, Building Inspector Robert Spencer, Village Attorney Chairman Fitzpatrick called the meeting to order at 8:00 P.M. 1. Pedro & Mercedes Castillo, 159 Beekman Avenue, Non-conforming 3 family residence. Public Hearing. Clerk read the public hearing notice to hear and consider an application by Pedro and Mercedes Castillo for a certificate of occupancy for the premises at 159 Beekman Avenue, North Tarrytown (Section 15, Block 9, Lot 8 on the tax assessment map of the Village of North Tarrytown) as a three-family residence (the Building Department records list the premises as a two-family residence). John Hughes, Attorney for Mr. & Mrs. Castillo, presented Affidavit of Service to Clerk. Mr. Hughes stated that the building was built in 1910, and purchased by the Castillos in 1972. There have been three apartments in this residence for as long as anyone can remember. Mr. Hughes supplied the Board with five affidavits confirming this. The applicant is requesting a ruling that the residence is a three family non-conforming dwelling. Chairman Fitzpatrick asked if there was anyone else who would like to address the Board. Mr. Frank Rizzi, resident of the village all of his life, stated to his knowledge there were always three families living in the dwelling and the Board should grant the application, as requested. -•* - -. £,-** - -^ -.- k. j-te'&s- sK= -si1- •*=. * -*£• ^ s - ^ ^ f c ^ a ^ s ^ t i f c ^ ^ �Mr. Mario Belanich, No. Washington Street, stated he had received a letter regarding this application, so he looked at the property. Although he did not live in the area, he felt that other variances had been granted and he felt this one should also. Members of the Board noted that several neighbors advised they had not received a notice of the hearing. A discussion followed regarding a list of those neighbors to whom a letter was to be sent. Mr. Hughes stated Mr. DeMilia and Mr. Koval were on the list, but he had to check whether a letter was sent to them. Dr. Masias stated there were parking spaces and asked if these parking spaces were for the tenants, or were they rented out to non-tenants. He was advised that the spaces are used only by tenants. Mr. Morabito moved, seconded by Mr. Paolontonio, that the matter be adjourned to the next meeting. Carried unanimously. 2. Mafalda Tornello, 27 Maple Street, From 2-family to 3-family residence. Public Hearing. Clerk read the public hearing notice to hear and consider an application by Mafalda Tornello for a certificate of occupancy for the premises at 27 Maple Street, North Tarrytown (Section 17, Block 8, Lot 7) as a three-family residence (the Building Department records list the premises as a two-family residence). Mrs. Mafalda Tornello stated that the residence belonged to her mother and father, who purchased the property in 1945, as a three-family residence, and it has been in continuous use as a three-family residence since then. They have never received a Certificate of Occupancy but would like one now. Mr. Morabito moved, seconded by Mr. Paolontonio, that the public hearing be closed. Carried unanimously. Mr. Paolontonio stated that he has known the family since the 1930's and knows that the house has always been a three-family residence. Dr. Masias questioned whether using a house as a three-family residence for so many years would make it a legal three-family residence. Mr. Spencer stated it would be considered a non-conforming use. If the house ceases to be used as a three-family residence, the non-conforming use would be lost. The Board determined that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. �Mr. Morabito moved, seconded by Mr. Paolontonio, that the application be granted as requested. Unanimously carried. 3. Elizabeth Akin-Everareen Way-Variance to keep oarage. Mr. William Akin, representing Elizabeth Akin, stated that the structure has been at its existing location three decades without any problem. It would be a major financial hardship to remove the garage at this time. He has two estimates in the amounts of $25,000 and $30,000 to demolish the garage. The garage is constructed of concrete, there is a greenhouse on top and prior to that it was a root cellar. The property has been owned by his family since 1934, and the greenhouse added in 1958 with no problems. George Hritz, a neighbor and member of the Sleepy Hollow ManorTaxpayers Association, stated that the entire property has been treated as a single family parcel. No one objected before because it was a single family parcel. The Building Inspector has now determined that the garage is too close to the rear property line. Hence, a variance is required. Mr. Hritz felt that the Akins had created the situation and now they want to change and subdivide the property. They chose to build too close to the property line. He also asked to have the minutes of the previous meeting included in this meeting. Chairman Fitzpatrick stated that meeting pertained to another issue. Edward Stockheim, a neighbor and a licensed architect in New York and New Jersey, stated that the Akin family seeks to subdivide into three parcels and sell them individually. Mr. Fitzpatrick stated that many lots in the two Manors were under-sized lots. Mr. Stockheim stated that the Building Inspector could find no record of a permit being issued to build the greenhouse. He also feels that the condition was self-imposed and the variance should not be granted. Mr. Akin stated that the issues of the previous meeting were entirely different and the issues should not be mixed. He has two offers to purchase the house, and both want the garage and the greenhouse kept. Mr. Hritz stated it was the feeling of the neighborhood that this variance should not be granted. The Board should enforce the Zoning Ordinance. Mr. Margotta advised that the Building Department records indicate a building permit was issued for the garage and greenhouse. �Mr. Paolontonio stated that the Building Inspector issued the permit to build the garage and greenhouse in good faith. He also stated that the structure in question has been in existence for over thirty years. A building permit was issued, no one has questioned it, and he feels that the structure should not be altered to conform to the present code. Dr. Masias stated if the structure was built to conform to the code at the time it was built, we cannot make the applicant change it to conform to today's code. The Board determined that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. Mr. Paolontonio moved, seconded by Mr. Morabito, that the variance be granted as requested, due to economic hardship, and because the structure is a long standing structure. Unanimously carried. MINUTES Mr. Paolontonio moved, seconded by Dr. Masias, that the minutes of the meeting held on April 15th, 1992 be approved as submitted. Unanimously carried. Chairman Fitzpatrick stated that commencing July 1st, all applicants to the Zoning Board will receive written decisions of the Board. EXECUTIVE SESSION Triana Propertv-Beekman Avenue Discussion followed regarding Triana property and the Building Inspector was to notify Ralph Bettman, Attorney for the Trianas, that the matter will be on the agenda of the June meeting. Chairman Fitzpatrick stated that the next meeting of the Board will be held on June 17th, 1992. Discussion followed regarding indemnity and liability of the Board. Mr. Spencer stated that the Board was entitled to complete indemnification by the Village, and the Village would have to provide money for defense attorneys. There being adj ourned. no further business, the meeting was duly Respectfully submitted, Irene Amato Acting Clerk ~>»-' •**-'- -iE.^-iA&C-Al*!.- . 1,.^-C.i.--,-^ . v_X^-^- -' -", -»**-"-'J- -,-!--- A--.- ^&M^^!^^^^A^^^1i&^^^i^^^^^mi«Ai&, � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1992 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1992-05-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-1992 Date A point or period of time associated with an event in the lifecycle of the resource 1992 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/700a5d209296f88b2c57b158ed5ff307.pdf db6aafc0d4718eb0b2d7e5d073893e9a PDF Text Text Approved with\respect to substance and form; Village w^ Attorney Ml/l J(rtl^ Dated: Approved by the Zoning B^ard Chairman/jor Acting Cty^rman Dated: * f-/f-?2s& Filed with Village Clerk 01, <f^xxS3tfe> Cierk—or Deputy Clerk D a t e d : f/l j<f7^ JUNE 17, 1992 Date of Meeting Ifee ,-, ----- ,-.--..-.. ../^.vA„,!%i,i...-<ij*fe^is&^-^:^a":x=aafeA^ �Zoning Board of Appeals Regular Meeting North Tarrytown. New York FINAL June 17, 1992 A regular meeting of the Zoning Board of Appeals was held on June 17th, 1992 at 8:00 PM at the Village Hall, North Tarrytown, New York. Present: George Fitzpatrick, Chairman Frank Paolantonio Mary Galgano Costas Boumis Michael Masias Absent: Juan Pujdas John Morabito Also Present: James Margotta, Building Inspector Robert Spencer, Village Attorney Chairman Fitzpatrick called the meeting to order at 8:00 PM. 1. Estate of Walter Luberger. Valley Street - Numerous Variances. Clerk read the Public Hearing notice to hear and consider an application by the Estate of Walter Luberger for variances to permit the subdivision of premises at 143 Valley Street (Section 16, Block 10, Lot 5 on the tax assessment map of the Village of North Tarrytown) . The applicant will be required to obtain the following variances: (1) For the new lot containing a three-family residence: (a) the lot contains only 3,273 square feet (the minimum lot size required is 5,000 square feet); (b) the lot is only 40 feet wide (the minimum width required is 50 feet); (c) the front yard set back is only 16.9 feet (a front yard set back of 20 feet is required); (d) one side yard has a set back of only 0.01 feet; and the combined side yard set backs are only 11.51 feet (one side yard must have a set back of at least 3 feet; and the two side yards must have combined set backs of at least 12 feet); (e) the rear yard set back is only 17.5 feet (a rear yard set back of at least 25 feet is required) ; �(f) (2) there are only two parking spaces (at least five parking spaces are required). For the new lot containing a commercial building: (a) there are only two parking spaces spaces are required) ; (six parking (b) the parking spaces are only 9 feet x 17 feet and 9 feet x 18 feet (spaces must be at least 9 feet x 20 feet); and (c) there is no loading space (one loading space is required). Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. Thomas McKenna, Attorney for the Luberger Estate, stated the Architect was unable to be present at the meeting as his wife was rushed to the hospital. The Architect has all the plans and Mr. McKenna is unable to make his presentation. After a discussion, Mr. Paolantonio moved, seconded by Mrs. Galgano, that the hearing be continued at the next meeting. Unanimously carried. 2. Dolores Fogel. 130 Depeyster Street - Certificate of Occupancy for a two family residence. Clerk read the Public Hearing notice to hear and consider an application by Dolores Fogel for a certificate of occupancy for the premises at 130 Depeyster Street, North Tarrytown (Section 16, Block 9, Lot 9 on the tax assessment map of the Village of North Tarrytown) as a two family residence (the Building Department records list the premises as a one family residence). Chairman Fitzpatrick asked if there was anyone present who would like to address the Board on the matter. Steven J. Bettman, Attorney affidavit of service to Clerk. for Ms. Fogel, presented an Mr. Bettman presented nine affidavits in support of Ms. Fogel's application. He stated that the affidavits were signed by previous tenants, neighbors, previous owner's relatives and Ms. Fogel. (Copy in official minutes). He stated that all evidence presented shows us that the premises have been used as a two family residence for over fifty years. Ms. Fogel stated she lived in the house since August 1st, 1941 and the second floor has always been rented. She thought it was a �legal two family and would like the Board to establish that it is a two family residence. Mr. Michael Hyland, a neighbor, stated he has lived next door for almost twenty years, and he knows it to be a two family residence. Mrs. Geraldine Krall stated she is a friend of Ms. Fogel's for over forty years, she has been in the house many times and always knew it to be a two family residence. There being no further comments, Mr. Paolontonio moved, seconded by Mr. Boumis, that the hearing be closed. Unanimously carried. Business Meeting: Mr. Paolontonio stated he has lived on Depeyster Street since 1940 and he remembers the Lenato family owning the house and it has always been a two family residence. The Board determined that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. After discussion, Mr. Boumis moved, seconded by Mrs. Galgano, that the Village records be corrected to reflect 130 Depeyster Street as a two family residence. Unanimously carried. 3. Pedro & Mercedes Castillo, 159 Beekman Avenue - Continued Non-conforming three family residence. Clerk read the Public Hearing notice to hear and consider an application by Pedro and Mercedes Castillo for a certificate of occupancy for the premises at 159 Beekman Avenue, North Tarrytown (Section 15, Block 9, Lot 8 on the tax assessment map of the Village of North Tarrytown) as a three family residence (the Building Department records lists the premises as a two family residence). Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. Mr. John J. Hughes, Jr., representing the Castillo family, stated he had made a presentation at the last meeting, outlining various items. He presented an affidavit of service to the Clerk. There being no further comments, Mr. Boumis moved, seconded by Mrs. Galgano, to close the public hearing. Unanimously carried. ;^S*V ~*-=*:^---~?E.-'-:«i*V>-=V "-i =.«.-;»•- - - . ^ H i ^ - V M S S - f i r f s i i l ^ ^ i > ^ * ^ £ ^ = ^ s ^ i 3 f e i i ^ ^ �Discussion: Mr. Paolontonio stated he had inspected the premises and found ample parking for a three family residence. He stated there was a three car garage on the premises which was used by the tenants. The Board determined that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. There being no objection from the public, Mr. Paolontonio moved, seconded by Mrs. Galgano, that the village records be corrected to reflect the premises as a three family residence, and a Certificate of Occupancy for a three family residence be issued. Unanimously carried. 4. Anthony Marmo, Gordon Avenue - Rear yard variance. Clerk read the Public Hearing notice to hear and consider an application by Anthony Marmo for a variance to permit a rear yard only nine feet in depth (25 feet is required) on Section 17, Block 23, Lots 60 and 61 on the tax assessment map of the Village of North Tarrytown. Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. Mr. John J. Hughes, Jr. representing Mr. Marmo, presented an affidavit of service to the Clerk. Mr. Hughes stated that the lot has been owned by the Marmo family for over thirty years. They built a house on the neighboring lot and had planned on building a house for their son on the lot which is the subject of this application when he married. It is on the corner of Gordon Avenue and Holland Avenues and is irregular in shape. Every other criteria of the Code can be met except for the rear yard. It is in an area that is well established and fully developed and is one of the few remaining lots in Webber Park. He stated that Mr. Marmo has approached all the neighbors within a two hundred foot radius, shown them the plans and they have approved the concept. A discussion followed regarding a sewer line easement. Mr. Marmo stated he has excavated and found no sewer line crossing the lot, but there is a sewer line on the adjoining lot, owned by his mother. Mr. Hughes stated that no sewer easement exists, but they would be willing to furnish one if necessary. Dr. Masias asked where the front of the house would be located, and a discussion followed regarding curb cuts. The front of the house will be on Holland Avenue. �Mr. Margotta stated that the address of the house would be determined by the Post Office. Mr. Vincent Buonanno, 132 Van Tassel Avenue, stated he supported the project and stated the Board should grant the variance due to the odd shape of the lot. Mr. Charles Shibetti, owner of several properties in Webber Park, stated he was in favor of the Board granting the variance. There being no further comments, Mr. Boumis moved, seconded by Mrs. Galgano, that the hearing be closed. Unanimously carried. Discussion; Mr.. Paolontonio stated that the lot was unique in shape and size and felt the Board should grant the variance. Mrs. Galgano stated she had no objections to the granting of the variance, as there were no objections from the neighbors. Mr. Spencer noted that the Board should also consider the granting of a front yard variance since there would only be 16 feet between the deck (which is a structure) and the street line. The Code requires a front yard of 20 feet. The Board determined that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. Mr. Paolontonio moved, seconded by Mr. Boumis, that a variance be granted allowing a front yard set back of 16 feet instead of 20 feet as required by the Code, and a rear yard set back of 9 feet instead of 25 feet as required by the Code. Unanimously carried. 5. Marcello Viscogliosi, 176-178 North Washington Street Numerous Variances. Clerk read the Public Hearing notice to hear and consider an application by Marcello Viscogliosi for a variance to permit the subdivision of premises at 176-178 North Washington Street (Section 16, Block 15, Lot 8A on the tax assessment map of the Village of North Tarrytown). The applicant will be required to obtain the following variances: (1) For premises known as 178 North Washington Street: (a) the lot has a front yard set back of only 0.5 feet (a front yard set back of at least 20 feet is required) ; (b) one side yard has a set back of only 0.03 feet and the combined side yard set backs are only 5.3 feet (one side yard must have a set back of at least 5 feet; and the two side yards �must have combined set backs of at least 15 feet); (c) the lot has a rear yard set back of only 0.6 feet (a rear yard set back of at least 25 feet is required); (d) the lot contains only 3,083 square feet (the minimum lot size required is 6,500 square feet); and (e) the buildinqs on the lot cover 30.68% of the lot (a maximum coverage of 30% is permitted). (2) For the premises known as 176 North Washington Street: (a) the lot has a rear yard set back of only 10.00 feet (a rear yard set back of at least 25 feet is required); (b) one side yard has a set back of only 3.2 feet and the combined side yard set backs are only 8.2 feet (one side yard must have a set back of at least 5.0 feet and the two side yards must have combined set backs of at least 15 feet); and (c) the lot contains only 2,725 square feet (the minimum lot size is 4,000 square feet). Parking variances are also required. Chairman Fitzpatrick asked if there was anyone present who would like to address the Board on the matter. Mr. Hughes, representing the Viscogliosi family, presented an affidavit of service to the Clerk. Mr. Hughes stated that this was a very unique situation. There are two building on one lot, totally non-conforming. The owners would like to establish separate owners for each building. The parents, who purchased the property some years ago, have retired to Italy, leaving the brother and two sisters to manage the property. The family now wants to divide the property between the two sisters, each owning one outright. Mr. Paolontonio stated that the second house was built after the war by the DeGrande family, who owned the four family building.. The driveway has always been a shared driveway. Mr. Hughes stated that an easement would be given so that both owners would continue to share the driveway. Dr. Masias stated that the house was assessed as a two family house, and felt that a major parking problem existed in the area. He stated that real estate brokers are advertising the house as a two family residence whereas Mr. Hughes stated it is a one family residence. Mr. Margotta stated that at one time the residence was used as �a two family residence, but at the present time it is a one family residence. Judith Washburn, 181 North Washington, stated that at one time 15 people were living in the one family residence, and stated that the four family residence is 3/8 of an inch from her property line. Mrs. Petcoff stated her property is on the corner of College Avenue and North Washington Street, and she is against dividing the property and granting the variance. She stated the garage will belong to the four family residence and the other house will have no parking facilities. The area is very crowded now. She also stated that the one family house was a two family house for many years. Mrs. Washburn asked what would prevent the owner from selling to an outsider, who would change the house back to a two family residence with no parking facilities. Mr. Boumis stated that the Board would just be dividing the premises between the two daughters. If it was sold to someone else, they would have to appear before the Board to change it to a two family residence. Discussion followed regarding maintenance and repair of the driveway if the property was sub-divided, and where would parking be provided for the one family residence. Mr. Hughes stated that parking could be in the driveway or a parking space could be provided in front of the house. There being no further comments, Mr. Boumis moved, seconded by Mrs. Galgano, that the hearing be closed. Carried. Discussion: Discussion followed regarding the chain link fence between the two houses. Mr. Paolontonio states he was against dividing the property as it would be detrimental to the Village and the area. Dr. Masias asked if the matter needed Planning Board approval, and stated he felt too many variances were needed. Mr. Spencer stated that the Planning Board received the application for subdivision and referred it to the Zoning Board for the needed variances. Dr. Masias stated that variances should not be granted for the sole purpose of increasing the value of the property. Mrs. Galgano stated she was not in favor of subdividing the property as there was no financial hardship shown. �Mr. Paolontomo moved, seconded by Dr. Masias, to deny the variances as requested. Chairman Fitzpatrick polled the Board as follows: Mr. Boumis - no Mr. Paolontonio - yes Mrs. Galgano - no Dr. Masias - yes Mr. Fitzpatrick - yes Chairman Fitzpatrick declared the motion not carried. Mr. Boumis moved, seconded by Mrs. Galgano, to grant the variances as requested. Mr. Fitzpatrick polled the Board as follows: Mr. Boumis Mr. Paolontonio Mrs. Galgano Dr. Masias Mr. Fitzpatrick Mr. Fitzpatrick declared variances are denied. yes no yes no no the motion not carried. The 6. Albert Peck, Barnhart Avenue - Variances for subdivision of six (6) lots. Clerk read the notice of public hearing to hear and consider applications by Albert Peck for variances to permit the subdivision of premises known as 19-29 Barnhart Avenue (Section 15, Block 7, Lot 10 on the tax assessment map of the Village of North Tarrytown) into six lots. The applicant will be required to obtain the following variances: (1) for the premises known as 19 Barnhart Avenue: (a) the lot contains only 3,593 square feet (the minimum lot size required is 4,000 square feet); (b) the lot is only 24 feet wide (the minimum width required is 40 feet); (c) the lot has a front yard set back of only 12.7 feet (a front yard set back of 20 feet is required); and (d) one side yard has a set back of only 1.4 feet and the combined side yard set backs are only 5.4 feet (one side yard must have a set back of at least 5 feet and the combined side yard set backs must be at least 15 feet). �the premises known as 21 Barnhart Avenue: the lot contains only 3,697 square feet (the minimum lot size required is 4,000 square feet); the lot is only 21.59 feet wide (the minimum width required is 40 feet); the lot has a front yard set back of only 12.7 feet (a front yard set back of 20 feet is required); and one side yard has a set back of only 1.4 feet and the combined side yard set backs are only 3.1 feet (one side yard must have a set back of at least 5 feet and the combined side yard set backs must be at least 15 feet). the premises known as 23 Barnhart Avenue: the lot is only 21.83 feet wide (the minimum width required is 40 feet); the lot has a front yard set back of only 13 feet (a front yard set back of 20 feet is required); and one side yard has a set back of only 1.5 feet and the combined side yard set backs are only 3.3 feet (one side yard must have a set back of at least 5 feet and the combined side yard set backs must be at least 15 feet). the premises known as 25 Barnhart Avenue: the lot is only 28.55 feet wide (the minimum width required is 40 feet); the lot has a front yard set back of only 13.1 feet (a front yard set back of 20 feet required); and is one side yard has a set back of only 1.8 feet and the combined side yard set backs are only 9.0 feet (one side yard must have a set back of at least 5 feet and the combined side yard set backs must be at least 15 feet). the premises known as 27 Barnhart Avenue: the lot is only 27; 05 feet wide (the minimum width required is 40 feet); the lot has a front yard set back of only 12.9 ii;*.=ViV*^:^^»<s:^>->-^ �feet (a front required); and (c) (6) yard set back of 20 feet is one side yard has a set back of only 1.3 feet and the combined side yard set backs are only 7.8 feet (one side yard must have a set back of at least 5 feet and the combined side yard set backs must be at least 15 feet). for the premises known as 29 Barnhart Avenue: (a) the lot contains only 3,040 square feet (the minimum lot size required is 4,000 square feet); (b) the lot is only 25.24 feet wide (the minimum width required is 40 feet); (c) the lot has a front yard set back of only 12.9 feet (a front yard set back of 20 feet is required); and Mr. Peck presented an affidavit of service to the Clerk. Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. Mr. Albert Peck stated he was the Administrator for the Levy Family, who in the past ninety years accumulated many properties in the Village. The estates are being dissolved and the properties sold. He stated that no bank will give a mortgage to a parcel of land with six houses on it, therefore he must subdivide and sell the houses separately. The properties exist on minimum lot sizes and it would be impossible to bring them up to today's standards. Mr. Margotta stated that the houses share a common driveway and all have parking at the rear of the lots. He stated the premises are one family residences and are all occupied. The tenants have shown an interest in purchasing the houses that they occupy if the property is subdivided. There being no further comments, Mrs. Galgano moved, seconded by Dr. Masias, that the hearing be closed. Carried. Discussion: Chairman Fitzpatrick stated he had received a letter from John Sherwood, 14 Francis Street, stating their opposition to the subdivision. Mr. Margotta stated that the Planning Board had reviewed the subdivision and would recommend that the Board grant the variances, stating that this is low income housing to the tenants living there. He also stated that a developer could come in, tear the buildings down and erect a multi-family apartment, the same as uL^^^i^s^s^^^a^^^e^mm^^i^s^m �proposed by the Halpern project. Dr. Masias stated he feels that Mr. Peck is showing financial hardship, and feels that it would be in the best interest of the Village and the area to grant the subdivision. The Board determined that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. Mr. Boumis moved, seconded by Dr. Masias, that the variances be granted as requested, due to the nature of the homes that have been pre-existing for many years. Chairman Fitzpatrick polled the Board as follows: Mr. Boumis - yes Mr. Paolontonio - no Mrs. Galgano - yes Dr. Masias - yes Mr. Fitzpatrick - yes Chairman Fitzpatrick declared the motion carried. 6. Jean Orr, 174 Kelbourne Avenue - Front yard variance. Clerk read the Public Hearing notice to hear and consider an application by Jean Orr for a variance to permit the construction of an addition to the residence at 174 Kelbourne Avenue, North Tarrytown (Section 14, Block 14, Lot 6 on the tax assessment map of the Village of North Tarrytown). One side yard has a set back of only 6 feet and both side yards have combined set backs of only 18.6 feet (one side yard must have a set back of at least 10 feet and both side yards must have combined set backs of at least 25 feet). Mr. Spencer noted that because the lot was a corner lot, the only variance required would be for the Munroe Street side of the house. The Code requires a side yard of 15 feet (the house, as constructed, has a side yard of only 6 feet). Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. David Graham, Architect, stated he represented the Orr family and outlined the addition to the residence. He stated that the plan was to erect an addition consisting of a master bedroom and bath and a one-car garage. He presented a rendering of the proposed project. Discussion followed regarding the placing of the air conditioning unit for the addition. The architect agreed to move the unit to the rear of the property. �Mr. Morris Alter stated he was a neighbor of the Orr's and has no opposition to the granting of the variance. He stated that the chimney stack was of concern. The Orrs have been cooperative to our concerns. There being no further comments, Mr. Paolontonio moved, seconded by Mr. Boumis, to close the public hearing. Carried. The Board determined that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. Mr. Fitzpatrick stated that he has visited the Orr property and they have greatly improved the property. After discussion, Mr. Paolontonio moved, seconded by Mr. Boumis, that the variance be granted as requested. Unanimously carried. Minutes: Mr. Paolontonio moved, seconded by Dr. Masias, that the minutes of the meeting held on April 15, 1992 be approved as presented. Unanimously carried. Mr. Paolontonio moved, seconded by Dr. Masias, that the minutes of the meeting held on May 20, 1992 be approved as presented. Chairman Fitzpatrick declared the motion carried, with Mr. Boumis abstaining. Mr. Fitzpatrick stated that the next meeting of the Board would be held on July 15, 1992. Discussion followed regarding the Triana issue. Mr. Spencer stated he would discuss the matter with the attorney for Triana and schedule it for the July or August meeting. Discussion followed regarding subdivision regulations, and the Building Inspector was instructed to write a letter to Philip Zegarelli in answer to his request for an interpretation of the Code. There being no further business to come before the Board, Mrs. Galgano moved, seconded by Mr. Boumis, that the same be duly adjourned. Unanimously carried. Respectfully submitted, Irene Amato Acting Clerk � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1992 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1992-06-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-1992 Date A point or period of time associated with an event in the lifecycle of the resource 1992 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/7c24585962903719bf2b3766dfd35e5d.pdf 8cedf7e4b492b98e660774c6174a88f4 PDF Text Text r» . % Approved with respect to substance and form: Village Attorn Dated: Approved slnc\ :he Zoning Boa Chairman oj^Acting Chai Dated: /"- / / - ?* Filed with Village Clerk Clor3c or Deputy Clerk Dated: l/il9a. JULY 15, 1992 Date of Meeting �»' , \ Zoning Board of Appeals Regular Meeting North Tarrytown, NY July 15, 1992 FINAL A regular meeting of the Zoning Board of Appeals was held on the above date at the Village Hall, North Tarrytown, New York. PRESENT: George Fitzpatrick, Chairman Mary Galgano Costas Bounds Michael Masias Frank Paolontonio John Morabito ABSENT: Juan Pujdas ALSO PRESENT: James Margotta, Building Inspector Robert Spencer, Village Attorney Chairman Fitzpatrick called the meeting to order at 8 P.M. 1. Estate of Walter Luberger, Valley Street - Numerous Variances, Public Hearing Continued. Chairman Fitzpatrick asked the Clerk to read the Public Hearing Notice to hear and consider an application by the Estate of Walter Luberger for variances to permit the subdivision of premises at 143 Valley Street (Section 16, Block 10, Lot 5 on the tax assessment map of the Village of North Tarrytown). The applicant will be required to obtain the following variances: (1) For the new lot containing a three-family residence: (a) the lot contains only 3,273 square feet (the minimum lot size required is 5,000 square feet); (b) the lot is only 40 feet wide (the minimum width required is 50 feet) ; (c) the front yard set back is only 16.9 feet (a front yard set back of 20 feet is required) ; » (d) one side yard has a set back of only 0.01 feet; and the combined side yard set backs are only 11.51 feet (one side yard must have a set back of at least 3 feet; and the two side yard set backs must have combined set backs of at least 12 feet) ; �(2) (e) the rear yard set back is only 17.5 feet (a rear yard set back of at least 25 feet is required); (f) there are only two parking spaces (at least five parking spaces are required). For the new lot containing a commercial building: (a) there are only two parking spaces spaces are required); (six parking (b) the parking spaces are only 9 feet x 17 feet and 9 feet x 18 feet (spaces must be at least 9 feet x 20 feet); and (c) there is no loading space (one loading space is required). Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. Mr. Robert Barstow, Architect for the Luberger family, presented plans for the subdivision and outlined the proposed project. He stated that the parking spaces in front of the building will be eliminated and two parking spaces added in the rear of the building. The parking spaces will be 9 feet x 20 feet. Mr. George Gasperini stated he has contracted to purchase the commercial property and asked if he would be able to park in front of the building. Mr. Paolontonio stated that the Luberger Estate was requesting various variances and he would have to request any required variances separately. Mr. Barstow stated that the driveway will be shared by both owners, there will be approximately 11.5 feet between the buildings, and there is an existing curb cut in front of the buildings. Mr. Thomas McKenna, Attorney for the Luberger Estate, stated he has submitted an application setting forth the area variances requested. There will be no impact on the entire block, no greater density, and there will be no change in the character of the neighborhood. He stated that the property was non-conforming with two buildings on one lot. His client had inherited the property and stated there was financial hardship as the property could not be sold to one owner. There are two people who are willing to purchase the property if it is sub-divided. Dr. Masias stated he felt that the problem was created by the owner. „t£x,> 3^:aifefcc*i2^<sfe£»^ �' , k Mr. McKenna stated the problem existed prior to his client becoming the owner. Mr. Paolontonio stated that Mr. Luberger acquired the property in 1964 after being dispossessed by the Urban Renewal Project of the Village. He built the commercial building under the Code in existence at the time. Dr. Masias asked if any additions were proposed to either building. Mr. McKenna stated that the three-family residence would remain a three-family residence, and the commercial building was intended to be a Plumbing Supply store. Mr. Spencer stated if the use of either building was changed the owners would have to appear before the Zoning Board for variances. Mr. Boumis questioned the lack of parking spaces and how a commercial establishment would be able to function without additional parking spaces. Discussion followed regarding parking for commercial vehicles in the area, and the parking of trucks in front of the building. Mr. Barstow stated that the plans had been reviewed by Clark Associates and Manganaro Engineers and that the matter had been referred to the Zoning Board by the Planning Board. There being no further discussion, Mrs. Galgano moved, seconded by Dr. Masias, to close the public hearing. Carried unanimously. Mr. Morabito stated that he has inspected the area. The commercial building was an eyesore and he felt that the granting of the variances would be an improvement to the area. The Board determined that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. Thereupon, Mr. Morabito moved, seconded by Dr. Masias, that the variances be granted as requested. Unanimously carried. Minutes Chairman Fitzpatrick stated that the Board had received the minutes of the June meeting too late to review them so they would approve them at the August meeting. irf£;- !•: --e^W~iiiIW,»i^i^^i<si3ip=^Wj5^ �« • V Mr. Marcello Viscogliosi, 176-178 North Washington Street requested that the Board reconsider the decision regarding the subdivision of 176-178 North Washington Street. A hardship exists in that the property cannot be sold to one owner. Mr. Fitzpatrick informed Mr. Viscogliosi that he could appear before the Board after six months have elapsed and ask for reconsideration. Discussion followed regarding information being made available to the public after a meeting. Mr. Fitzpatrick stated that the next meeting of the Board would be held on August 19th, 1992. There being no further business to come before the Board, Mr. Morabito moved, seconded by Mrs. Galgano, that the same be duly adjourned. Carried unanimously. Respectfully submitted, Irene Amato Acting Clerk • � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1992 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1992-07-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-1992 Date A point or period of time associated with an event in the lifecycle of the resource 1992 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/59dd8a346d9e5caafee308759ccb3ca0.pdf 3e5e46358dd18c4cfa1b72a42a285d7a PDF Text Text Appr/6vep wijth respect to substance and form: Village Atto: Dated: I / 9/%^ ApprovedHby t h e Zonlrtg Board una lrmai^oir-^Trtfe^^Cn^Jjaaaji. Dated: 9//t>/?<L Filed with Village Clerk Clerk or Deputy Clerk Dated: Cfj^e fl^ August 19, 1992 Date o f Meeting • i - -,=•» . "<.»>- .-—-—,r,_ <:--,: *Jj~ e »^,jf^toi^a-»ii^>^i4&^taiBSe»Ifeiil^^ �• SEP 2 1 1992 WARQNEY ?Qm% & §P£NGia • ---:-.—',-,-. : - i = a * i i s i - ^ i = - K a . « * S w 5 * > ; , i t f ^ T t a ^ i t * : & i E f e - * ^ ^ a i ' » i d ^ tt/1 �REGULAR MEETING NORTH TARRYTOWN, N.Y. August 19, 1992 FINAL A regular meeting of the Zoning Board of Appeals was held on the above date at the Village Hall, North Tarrytown, New York. PRESENT: George Fitzpatrick, Chairman Mary Galgano Costas Bouinis Frank Paolontonio John Morabito Michael Masias ABSENT: Juan Pujdas ALSO PRESENT: James Margotta, Building Inspector Robert Spencer, Village Attorney Chairman Fitzpatrick called the meeting to order at 8 P.M. 1. Maximo San Juan, 28 Hudson Street-Public Hearing-C.O. for three family residence. Chairman Fitzpatrick asked the Clerk to read the Public Hearing Notice to hear and consider an application by Maximo San Juan for a certificate of occupancy for the premises at 28 Hudson Street, North Tarrytown (Section 16, Block , Lot 20 on the tax assessment map of the Village of North Tarrytown) as a three-family residence (the Building Department records list the premises as a two-family residence) . Chairman Fitzpatrick asked if there was anyone present who would like to address the Board on this matter. Mr. San Juan stated he purchased the property in 1984 and has used it as a three family residence since then. Mr. Margotta stated that the Village records indicate that a building permit was issued for the conversion of a one-family residence to a two-family residence. He could find no record of a permit being issued to convert the residence to a three-family residence. Mr. San Juan stated that the basement and first floor have been used by his family since 1984 and the second and third floors have been rented since 1984. Mr. Spencer stated that the zoning in that area is an industrial zone which does not allow residential units. The house is a non-conforming use. The conversion of the residence to a 9/16/92 �three-family residence was illegal. Mr. Spencer suggested that Mr. San Juan apply to the Zoning Board for a variance to create a three-family house .2. Al Peck, 225 No. Broadway, Public Hearing-C.O. for threefamilv residence Chairman Fitzpatrick asked the Clerk to read the Public Hearing Notice to hear and consider an application by Albert B. Peck for a certificate of occupancy for the premises at 225 North Broadway, North Tarry town (Section 16, Block 1, Lot 1 on the tax assessment map of the Village of North Tarrytown) as a three-family residence (the Building Department records list the premises as a one-family residence). Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. Mr. Al Peck presented Affidavit of Service of Notices to Adjoining owners to the Clerk. Mr. Peck stated that the house was converted in 1941 and 1942 to a three-family residence. The house was previously owned by his grandmother and aunt and it was left to him. He thought it had been assessed as a three-family house. The property has plenty of parking and has been in his family since the early 1900's. Mr. Peck presented several affidavits from neighbors verifying that the property was a three-family residence prior to the date of adoption of the Zoning Code and continuously to the present date. There being no further comments, Mr. Morabito moved, seconded by Mr. Paolontonio, that the public hearing be closed. Carried unanimously. Discussion followed regarding affidavits of neighbors presented by Mr. Peck and other applicants requesting similar relief. Mr. Spencer stated that the Board could require the persons making the affidavits to appear in person and be sworn in. The Board determined s that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. Thereupon, Mr. Morabito moved, seconded by Ms. Galgano, that the Village records be corrected to reflect the premises as a three-family residence, and a Certificate of Occupancy for a threefamily residence be issued. 9/16/92 -2- �Chairman Fitzpatrick polled the Board as follows: Mr. Morabito Yes Mr. -Bounds Yes Mr. Paolontonio No Ms. Galgano Yes Dr. Masias No Mr. Fitzpatrick Yes Chairman Fitzpatrick declared the motion carried. Mr. Spencer stated that a letter will be sent to the applicant informing him of the decision of the Board. 3. Dr. L. Gellerman, 170 Hunter Avenue-Public Hearing-Variances for Subdivision. Chairman Fitzpatrick asked the Clerk to read the Public Hearing notice to hear and consider an application by Lawrence Gellerman of 179 Hunter Avenue, North Tarrytown, New York for variances for the lot on which his residence is located so as to permit the subdivision of a building lot next to his house. The lot is located in the R-2 Zoning District. The R-2 District requires minimum lot width of 75 feet, minimum front yard setback of 30 feet, minimum rear yard setback of 25 feet, and minimum side yard setback of 10 feet for one yard and setback of 25 feet for both side yards. The front yard setback for the existing lot is 29.9 feet; the rear yard setback is 11.0 feet; and the existing building will be setback 6.2 feet from one boundary line and 16.0 feet from the other boundary line. Total side yard setbacks will be 22.2 feet. Variances required are front yard, rear yard, and side yard setbacks. The proposed premises are located at 179 Hunter Avenue, North Tarrytown, New York and are known and designated on the tax assessment map of the Village of North Tarrytown as Section 14, Street 72, Block 4, Lots 1R and IS. Mr. John Hughes, representing Dr. Gellerman, presented affidavit of service of Notices to adjoining owners to the Clerk. Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. Mr. Hughes stated that Dr. Gellerman has owned the property since 1961, and it has always been his intention to one day build a house for one of his children on the adjoining lot. The neighborhood has many non-conforming lots. He stated there is no property available to make both lots conforming. Mr. Hughes stated Dr. Gellerman's house will be the only house affected by the side yard setback. 9/16/92 -3- ili-itst4^:^i:itS^^iA^4jJMS»i45;s^^ �Mr. Todd Ruppell, 177 Hunter Avenue, stated that a petition was sent to the Board stating disapproval of the petition of Dr. Gellerman for the variances. He also stated that the zoning laws are for the benefit of all and should be enforced. Mr. and Mrs. Juergen Goldhagen, 163 Hunter Avenue, stated they disapproved of the granting of the variances. Mr. Walter Beyer, 145 Farrington Avenue, stated he was against the granting of the variances. Mr. Goldhagen stated that since Perri built houses at 141 and 14 Hunter Avenue there has been a lot of excess water and that the vacant Gellerman lot soaks up a lot of the water. Chairman Fitzpatrick stated he lives in the area and the excess water comes from the Peabody property which had a clay pit filled in after a neighborhood child drowned in it. He stated that a letter had been received from Robert Kantor and Katherine Shockley, owners of 148 Hunter Avenue, requesting a postponement of the hearing as they and several other neighbors were going to be on vacation. Mrs. Goldhagen stated they would like time to consult with an attorney. Mr. Hughes stated Dr. Gellerman did not object to their consulting an attorney as he felt that an attorney would see the merits of the application. He stated there would be no additional drainage problem. Mr. Jim Nazemeth, 134 Hunter Avenue, stated he was in favor of granting the application and felt that Dr. Gellerman would be the only one affected by the side yard as his house is the closest to the lot. He stated that a serious water problem has existed for many years and Dr. Gellerman's sub-division would have no effect on the water problem. Mr. Spencer stated that Dr. Gellerman would have to appear before the Planning Board, and suggested that a study be made of the water problem to present to the Planning Board. After discussion Mr. Bournis moved, seconded by Mr. Paolontonio, that the matter be adjourned and continued at the September 16th meeting. Carried unanimously. MINUTES Mr. Boumis moved, seconded by Mr. Morabito, that the revised draft of the minutes of June 17, 1992 be approved as submitted. Carried unanimously. 9/16/92 -4- �Mr. Morabito moved, seconded by Mrs. Galgano that the minutes of the July 15, 1992 be approved as submitted. Carried unanimously. m There being no further business to come before the meeting Mr. Bounds moved, seconded by Mr. Morabito, that the same be duly adjourned. Carried unanimously. Respectfully submitted, Irene Amato Acting Clerk 9/16/92 -5- • Ji-^n * S i i , S « -.VSSr.S*M .-.:W*i.--Ii ^ i ^ f e * - W s = « i ^ " ^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1992 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1992-08-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-1992 Date A point or period of time associated with an event in the lifecycle of the resource 1992 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/e989e5412ba48f2888280be4bff5ae6c.pdf e7f652471c7321f0b55fa477ec55692c PDF Text Text Approved) with respect to substance and form: V i l l a g e 7 Attoriftej Dated: "llffi' lU) Approved by jfehe Zoning / & : Chairman,or*Acting Cha^ Dated:////^fa- Filed with Village Clerk Q.^v Clerk o r Deputy Clerk Dated: / / / a o / f a - September 16, 1992 Date o f Meeting �Zoning Board of Appeals North Tarrytown, N.Y. Regular Meeting September 16, 1992 FINAL A regular meeting of the Zoning Board of Appeals was held on September 16, 1992, in Village Hall, North Tarrytown, New York. Members Present: George Fitzpatrick Mary Galgano Frank Paolantonio John Morabito Costas Bounds Michael Masias Juan Pujadas Also Present: Robert Spencer, Esq. James Margotta, Building Inspector 1. IN THE MATTER OF UGO CHECCHI, 51 COLLEGE AVENUE, NORTH TARRYTOWN, NEW YORK. Mr. Checchi came before the Zoning Board for a Certificate of Occupancy for a three-family residence for 51 College Avenue. Due to lack of proof of receipt of mailing, this matter was adjourned until next month's Zoning Board meeting. 2. IN THE MATTER OF EDWARD BELLIVEAU, 7 BARNHART AVENUE, NORTH TARRYTOWN, NEW YORK. This Public Hearing is being held to hear and consider an application for variances to permit conversion of premises at 7 Barnhart Avenue from a bar/restaurant to a rooming house. Mr. Robert Barstow stated that the bar located on Barnhart Avenue has been voluntarily closed down and Mr. Belliveau has been unable to rent the property. For almost one and a half years it has been empty. Mr. Belleveau believes he will have more success by having additional bedrooms on the first floor. The front would be an office for his business and the rest would be additional bedrooms with a common bath, Mr. Barstow stated that the Zoning Code does not address rooming houses. The closest provisions relating to rooming houses would be those pertaining to multiple-family dwellings. Mr. Paolantonio made a motion to close the Public Hearing, seconded by Mr. Morabito. Motion carried unanimously. DISCUSSION: Mr. Paolantonio stated that he has known this to be a boarding house for a long time. This property has been grandfathered. Presently there are no reserved parking spaces. �Mr. Masias stated that parking is the issue considering how congested that area is. Mr. Fitzpatrick asked Mr. Barstow if two apartments have been considered instead of additional bedrooms for a rooming house. Mr. Barstow stated that it has not been considered because it would not be ecpnomical, but Mr. Belleveau would consider having two apartments. Therefore, this application was withdrawn and will be resubmitted. 3. IN THE MATTER OF DR. LAWRENCE GELLERMAN, 170 HUNTER AVE, NORTH TARRYTOWN, NEW YORK. This is a continuation of a Public Hearing. John Hughes, Esq. stated that he had made his presentation on behalf of Dr. Gellerman, and at this time he has nothing further to add. Mr. Bob Kantor, a neighbor at 148 Hunter Avenue, stated that he did not know the reasoning for the variances. Mr. Fitzpatrick explained that the property is presently all one piece of land which is to be subdivided into two lots. The existing house is non-conforming and the new lot is conforming. Discussion ensued. Another member of the audience mentioned that there will be water run-off which means that certain properties will become more wet than they already are. Mr. Fitzpatrick stated that storm water drainage from any new house will have to be piped to a dry well or a storm sewer. Mr. Robert Lewis, 176 Hunter Avenue, stated that there is no reason to grant a variance. A letter written by another neighbor expressed concern about the impact that the new house will have on existing homes. Mr. Jim Nazemetz, 134 Hunter Avenue, stated that the Board should grant Dr. Gellerman's application. Another resident stated that he was opposed to the variance so that the existing neighborhood appearance may be retained. He would not want this matter to set a precedent for others. Mr. Hughes stated that at the last meeting he presented to the Zoning Board, both in writing and orally, the reasons for granting the variances. This matter was already adjourned for one month because residents were unable to attend the last meeting. Mr. Morabito made a motion to close the Public Hearing, seconded by Mr. Paolantonio. Motion carried unanimously. DISCUSSION: Mr. Morabito stated that he can't see how granting the variance would change the quality of life in the neighborhood. He feels that the lot would be more attractive with a home built on it. �Mr. Masias stated that the only person that would be affected by the appearance would be Dr. Gellerman or whoever purchases the existing house. Mr. Paolantonio stated that Dr. Gellerman is looking for an opportunity to use his property and is probably entitled to it. A property owner cannot be denied reasonable use. Mrs. Galgano stated that it would be more valuable to the Village to have an improved property rather than just having vacant land. Mr. Boumis made a motion to determine that the proposed action would be a Type II action under SEQRA and will have no material adverse impact on the environment, seconded by Mr. Morabito. Motion carried unanimously. The Board then voted unanimously to grant the requested variances, subject to the condition that any new residence constructed on the vacant lot be situated to have the smaller side yard on the easterly portion of the property. 5. IN THE MATTER OF EDWARD MCCARTHY, 2 ANDREWS LANE, NORTH TARRYTOWN, NEW YORK. This Public Hearing is being held to hear and consider an application for variances to permit the construction of a deck. Mr. McCarthy came before the Board and stated that he would like to put a deck approximately 12 feet by 13 feet in his back yard. This property was purchased as a non-conforming lot. Most of the lots on Andrews Lane are non-conforming lots. He has spoken with his neighbors and there are no objections. Mr. Morabito made a motion to close the Public Hearing, seconded by Mr. Masias. Motion carried unanimously. Mr. Paolantonio made a motion to determine that the granting of the variances would be a Type II SEQRA action which will have no material adverse impact on the environment, seconded by Mr. Morabito. Motion carried unanimously. Mr. Paolantonio moved to grant the variances, seconded by Mr. Morabito. Motion carried unanimously. 6. IN THE MATTER OF AGUSTIN TRIANA, 125 BEEKMAN AVENUE, NORTH TARRYTOWN, NEW YORK. Mr. Ralph Bettman, the attorney for Mr. Triana, spoke with Mr. Spencer and confirmed that the application for the Certificate of Occupancy for a four-family residence, instead of a three-family residence, has been withdrawn. Mr. Bettman is to confirm the withdrawal of the application, in writing, with the Building Inspector. This residence is a legal three-family and an illegal four-family residence. �7. IN THE MATTER OF DONNA ROSS, 3 HIGHLAND AVENUE, NORTH TARRYTOWN, NEW YORK. This Public Hearing is to hear and consider an application for variances to permit the construction of an addition to the existing house. Mr. Arvan, who is representing Donna Ross, stated that this addition would be an extension to the east side of the house. The addition complies with the existing code. The existing house is non-conforming. Mr. Morabito made a motion to close the Public Hearing, seconded by Mr. Boumis. Motion carried unanimously. Mr. Pujadas made a motion to determine that the granting of the variances would be a Type II action under SEQRA and that there will be no material adverse impact on the environment, seconded by Mr. Morabito. Motion carried unanimously. Mr. Pujadas made a motion to approve the application, seconded by Mr. Morabito. Motion carried unanimously. Mr. Morabito moved to approve the minutes of August 19, 1992 with a correction on page 2, seconded by Mr. Boumis. Motion carried unanimously. Mr. Morabito made a motion to adjourn the meeting, seconded by Mr. Boumis. Motion carried unanimously. Respectfully submitted, Christine A. Yurkovic Recording Secretary � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1992 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1992-09-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-1992 Date A point or period of time associated with an event in the lifecycle of the resource 1992 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/6fd65d0bc4a3cb864c7c3871c9744611.pdf 5d4212aa98f42b3ec780a75751a565d8 PDF Text Text Approved yith respect to substance and form: J Village 'Attori^e Dated: lk£ t^ys Approved by>7the Zoning BoaKd Chairman or^ Dated: nL in r[fL. Filed with Village Clerk C l e r k o r Deputy C l e r k Dated: ii/ZoUi- October 21, 1992 D a t e of M e e t i n g �ZONING BOARD OF APPEALS Regular Meeting North Tarrytown, New York October 21, 1992 FINAL A regular meeting of the Zoning Board of Appeals was held on October 21, 1992, in Village Hall, North Tarrytown, New York. Members Present: Also Present: Absent: George Fitzpatrick Frank Paolantonio Juan Pujadas Mary Galgano Michael Masias Robert W. Spencer, Esq. James Margotta, Building Inspector Costas Bounds John Morabito IN THE MATTER OF RICHARD AND CINDY JONES, 650 RIVERSIDE DRIVE, NORTH TARRYTOWN, NEW YORK This public hearing was to hear and consider an application for a variance to permit the construction of a basement apartment. Proof of receipt of mailing was not available; therefore, this matter will be adjourned until next month's Zoning Board meeting. IN THE MATTER OF MAXIMO TARRYTOWN, NEW YORK SAN JUAN, 28 HUDSON STREET, NORTH This public hearing was to hear and consider an application for a certificate of occupancy for the premises at 28 Hudson Street as a three-family residence. Mr. San Juan stated that he has a variance for a two-family home and would like a variance for a three-family home. Mr. San Juan has been paying taxes for a three-family home since the reassessment. Mr. San Juan states that the Building Inspector, Ugo Checchi at the time, gave him permission to go ahead and build a third apartment. Mr. Checchi stated that he was only temporary and that he did' not get a chance to issue the permit. Mr. Fitzpatrick stated that there should have been records; wordof-mouth does not apply, Mr. Spencer stated that Mr. San Juan's case is a hardship and that, if the Board wishes, Mr. San Juan could be granted a variance. Mr. Spencer stated that the Board would be giving a variance for a three-family residence in a manufacturing zone. *<£*<&&&> "St^ii '.ladjate-''**'^SSJs^SftSj^feie^gi^gilg »»•£»------- �Mr. Paolantonio made a motion to close the public hearing, seconded by mr. Pujadas. Motion carried unanimously. DISCUSSION Mrs. Galgano asked Mr. Margotta if there was another exit on the third floor. Mr. Margotta stated that there is not and that a second set of stairs would have to be added. The stairs would have to comply with the Building Code. Discussion ensued. Mr. Paolantonio made a motion to determine that the granting of the proposed variance would be a Type II SEQRA action which will have no adverse material impact on the environment, seconded by Mrs. Galgano. Motion carried unanimously. Mr Paolantonio made a motion to grant the variance subject to the inspection by the Building Inspector and his analysis of the building as it now stands. Mr. San Juan must comply with all of the codes of the village; and he has to correct any violations. (Mr. San Juan was given 90 days as of October 21, 1992) This motion was seconded by Mr. Pujadas. Motion carried 4-1 with Dr. Masias voting "no". IN THE MATTER OF THE IMMACULATE CONCEPTION CHURCH, 199 NORTH BROADWAY, NORTH TARRYTOWN, NEW YORK Mr. John Hughes, Esq. , who is representing the Immaculate Conception Church, came before the Zoning Board and stated that this is merely an extension of those variances which were granted in 1990, and subsequently renewed in 1991, to permit.the conversion of the residential building owned by the church, into six units(condominiums). Mr. Hughes asked the Board if it would consider extending the variances for one more year. His client is confident of arranging the various grants which are needed to begin this project—a notfor-profit affordable housing project. The reason that it has been so long is because the grants, which have to come from New York State, take two or three years to get through. Mr. Hughes' client is confident in receiving the grants in early 1993. The last item needed in order to continue is one more extension from the Zoning Board. Ms. Judith Washburn, who resides at 180 North Washington Street, stated that she is concerned as to why the neighbors were not informed about the Planning Board meeting. Mr. Spencer stated that there was a public notice in the newspaper and that a mailing was not required. Ms. Washburn asked Mr. Hughes if any changes were made in the site plans and if the surrounding properties would be protected. Mr. Hughes responded that no changes have been made in the site plan. 2 �Mr. Fitzpatrick stated that it would be up to the contractor to project any adjacent properties. Mr. Paolantonio made a motion to close the public hearing, seconded and carried unamimously. DISCUSSION Mr. Paolantonio made a motion to determine that the granting of the extension would be a Type II SEQRA action which will have no adverse material impact on the environment, seconded, by Mrs. Galgano. Motion carried unanimously. Mr. Paolantonio made a motion to grant an extension for one year, seconded by Dr. Masias. Motion carried unanimously. IN THE MATTER OF UGO CHECCHI, 51 COLLEGE AVENUE, NORTH TARRYTOWN, NEW YORK This public hearing is being held to hear and consider an application by Ugo Checchi for a certificate of occupancy for premises at 51 College Avenue as a three-family residence. Mr. Checchi came before the Zoning Board and, instead of submitting proofs of receipts, he submitted a list of the residents who have been contacted personally. An affidavit was submitted to the Zoning Board which stated that Mr. Checchi delivered notices, personally, to the owners. Mr. Checchi stated that the house was purchased by his parents approximately 50 years ago. He found out that the village had a record of the house listed as a two-family residence. When the house was reassessed, it was assessed for a three-family home. Mr. Belanich stated that he knows Mr. Checchi, and that he has been in the home. Since 1958 it has been a three-family home. Mr. John Valancick, who resides at 67 College Avenue, stated that he has known Mr. Checchi since 1959, and that, to his knowledge, Mr. Checchi's has been a three-family home since 1964. Dr. Masias made a motion to close the public hearing, seconded by Mrs. Galgano. Motion carried unanimously. DISCUSSION Dr. Masias stated that he would check the names on the list to make -• sure that the owners were notified. Mr. Checchi stated that he has always lived there and the house has always been a three-family residence. Discussion ensued. 3 �Mrs. Galgano stated that she is uncertain about the list and would check with some owners. Dr. Masias made a motion to adjourn this matter until the next Zoning Board meeting, so that all of the correct people might be notified prior to the meeting, seconded by Mrs. Galgano. Motion carried unanimously. (Mr. Checchi is required to mail the notice to anyone who owns property within 200 ft. and does not live in North Tarrytown). IN THE MATTER OF EDWARD TARRYTOWN. NEW YORK BELLIVEAU, 7 BARNHART AVENUE, NORTH This public hearing was not held due to the fact that there were no representatives. This public hearing was adjourned until the next Zoning Board Meeting. IN THE MATTER OF NEHMAT CURI, ELIAS ABDOU AND JOUHANA ABDOU, 270 NORTH WASHINGTON STREET, NORTH TARRYTOWN, NEW YORK This public hearing was not held due to the fact that there were no representatives. This public hearing was adjourned until the next Zoning Board meeting. MINUTES Mr. Fitzpatrick stated that the minutes will be approved at the next meeting to allow the Zoning Board more time in reviewing the minutes. Also, two members were absent. Being no further business, the meeting was adjourned at 9:30 PM. Respectfully submitted, Christine A. Yurkovic Recording Secretary 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1992 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1992-10-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-1992 Date A point or period of time associated with an event in the lifecycle of the resource 1992 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/0408e87503c401c2368ef17811489210.pdf 3a3fd84faecc9677fd36f451c8a7f9da PDF Text Text Approved respect to substance and form; Droved with r yd* J A* Village Attorney Dated: ^ ^ Approved by the Zoning Board chairma*f or Aoting/^nairroan Dated: Filed with Village Clerk a. Clerk or Deputy Cleric Dated: z/jjtj NOVEMBER 18. 1992 Date of Meeting • .„-, .,"..- ~ ,^z-,£4M:%V^~^W-X^ �REGULAR MEETING NORTH TARRYTOWN, N.Y. November 18, 1992 FINAL A regular meeting of the Zoning Board of Appeals was held on November 18, 1992 at 8:00 PM in Village Hall. PRESENT: George Fitzpatrick, Chairman Costas Boumis Mary Galgano John Morabito Michael Masias Frank Paolontonio ALSO PRESENT: James Margotta, Building Inspector Robert Spencer, Village Attorney ABSENT: Juan Pujdas IN THE MATTER OF LEONCTO MOLINA, 15 COLLEGE AVENUE, NORTH TARRYTOWN, NEW YORK. Mr. Robert Bar stow who is representing Mr. Molina came before the Zoning Board and presented receipts for mailing notices to adjoining owners. Mr. Barstow stated that Mr. Molina is proposing to construct a two bedroom, one story addition towards the front of the structure which is an existing eight family apartment house. Mr. Molina receive a Zoning Board variance in early 1991 for eight (8) parking spaces. At this time his family has grown and his own unit is in need of additional bedroom space. This expansion would include one bath. The site plan shows a foot print (plan) for this addition. The dwelling now has a variance for parking. There are eight (8) spaces. One more space would be needed. The front yard set back will be 21 feet (20 feet required) . Presently there are three existing bedrooms in the Molina unit. There are 22 tenants plus Mr. Molina's family in the house. Mrs. Judith Washburn stated that there was a letter in the Zoning Board files that at the time the first variance was granted that some consideration be given to the density of the property. Since then the disturbance has become worse. The density is far above what it should be. Mrs. Judith Petcoff stated that Mr. Molina does not have enough parking spaces and the house is overcrowded. Mrs. Petcoff resides on the west side of the house. Mr. Fitzpatrick stated that the size of the house is within the parameters allowed by the Zoning Code. �\ Mr. Belanich asked who the notice was sent to. He had received a notice the first time but not the second time. Mr. Margotta stated that Mr. Belanich may not be within 200 ft. Mr. Belanich feels that there is not enough room on the property. He would like to postpone this application until next month. Mr. Mike Galella stated that as a neighboring homeowner he feels that the house is over crowded. He has been in the house and actually it is a boarding house. Mr. Barstow stated that there are eight kitchens. Mr. Molina meets all the legal requirements for the apartments. It was a rooming house, but it is not now. Mr. Galella stated that the parking situation is difficult. Mr. Washburn stated that there is noise late at night, body work on cars being done and it seems that there is no consideration for other neighbors. This situation should be looked into. Mr. Fitzpatrick stated if body work is being done it should be reported to the Building Inspector. Mr. Armando Galella stated that his property is across the street from Mr. Molina. Mr. Galella asked the Board if they wanted to stop over crowding in the Village. By allowing more bedrooms in the Molina house you are allowing crowding. Mr. Molina could put the addition in the back of the property. A motion was made by Mr. Morabito to close the public hearing, seconded by Dr. Masias. Motion carried unanimously. Mrs. Galgano asked how many apartments are on the first floor? Mr. Barstow answered two apartments. There are also two basement apartments. Mr. Morabito asked what is the size of the addition? Mr. Barstow stated that is roughly 550 sq. ft. proposed. Mr. Morabito stated that it was quite large. Dr. Masias stated that the Board has to take into consideration what residents have said concerning the noise, overcrowding and parking. He feels that there is no space left. Mr. Bournis is concerned about the variance that was already granted. Mr. Fitzpatrick stated that this postponed. Discussion ensued. application should not be Mr. Masias made a motion to deny the variance, seconded by Mr. Morabito. Motion carried. Vote: 5-1 with Mr. Bournis abstaining. IN THE MATTER OF RICHARD AND CINDY JONES, 650 RIVERSIDE DRIVE, NORTH TARRYTOWN. NEW YORK John Hughes, Jr. Esq. who is representing Mr. and Mrs. Jones presented receipts of mailing of notices to adjoining owners to the clerk. -2- --« iS-«*-.-«- --R- n =*w~-i. ,| s*''; *v*I^i£^i^>^-«^f*W*ai£fc«?gfe �Mr. Hughes stated that his clients own one of the largest homes in Sleepy Hollow Manor which is approximately 4,000 sq. ft. and have owned it for over four years. Mrs. Jones' parents are elderly and her father does have Alzheimer's disease. The Jones now have to make a decision whether or not to use the facilities of a nursing home. Mrs. Jones' parents are still married and would like to stay together. The proposal is to have Mrs. Jones' parents reside at 650 Riverside Dr. for a two year period. At the end of the two year period the Zoning Board can again review this situation. The dwelling has three (3) floors of living area. The Jones live in the second and third floor. The plan is to have Mrs. Jones' parents live on the first floor which is living space. It is wheel chair accessible. There will be no modifications to the house. The Jones would like to put a kitchen in the first floor area because the Jones work and her mother would have to take care of Mr. Jagodink. Mr. Jagodnik cannot proceed up the stairs without assistance, assistance that Mrs. Jagodnik may not be able to provide. The idea would be to have a small kitchen so it would be more convenient for the Jagodniks. Mr. Hughes also stated that when this use ceases the kitchen will be removed. Mr. Margotta stated that this home has handicap accessibility. Mr. George O'Hanlon who resides at Two Lake Shore Close stated that this is a use variance, not an area variance, and he believes that what has been said does not meet the requirements of a use variance. He also stated that this house is not unique. This house is zoned as single family and should remain as single family. This is a hardship variance which is not sufficient. Mr. George Hritz who is a neighbor and also the President of the Sleepy Hollow Taxpayers Association is speaking as a neighbor. He commended the Jones for the act they are taking. As a neighbor it does not cause a problem and they have always been good neighbors. Speaking on behalf of the Association he feels that it is the consensus of the Board that this particular application is one that would be supported. Mr. Sachiano who lives on the opposite side of the Jones understands what the Jones are going though and he has no objection. He was curious as to why it is being called an apartment. Mr. Fitzpatrick stated that when you create another kitchen you create an apartment. Mr. Cicchetti stated that his understanding of a use variance would mean changes to a house which then would be designated as a twofamily house. If the variance can be given without designating it as an apartment then he would have no objections. If there is any change in the conditions, the variance should be terminated. Ms. Mary Friedner stated that her property adj oins the Jones' �property at the rear. She knows the Jones very well and knows that they are very honorable. Mr. Morabito made a motion to close the Public Hearing, seconded by Mrs. Galgano. Motion carried unanimously. DISCUSSION Mr. Paolantonio stated that he understands the situation the Jones are in and he is very much in favor of granting this variance. Dr. Masias stated that he knows the cost involved in a nursing home and feels that they should be commended. Mrs. Galgano's concern is that Mrs. Jones' father is not able to use the kitchen and that her mother is not well. How would she operate in the kitchen area. Mr. Paolantonio stated that Cindy Jones' mother is well and capable of taking care of herself. Discussion ensued. A motion was made by Mr. Morabito to determine that the granting of the variance will be a Type II SEQRA action which will have no material adverse impact on the environment, seconded by Mr. Paolantonio. Motion carried unanimously. A motion was made by Mr. Morabito to approve the application with the following conditions. 1. There will be no outside modification to the home; 2. There will be four residents residing at 650 Riverside Drive, plus a caregiver during the day, if required; 3. After a two-year term the Jones would have to come back to the Zoning Board for a review; 4. The kitchen will be removed when the Jones' parents vacate the premises or upon the sale of the premises, seconded by Dr. Masias. Motion carried unanimously. IN THE MATTER OF MAXIMO SAN JUAN, 28 HUDSON STREET, TARRYTOWN, NEW YORK „ _ _ _ _ ^ Mr. San Juan stated that he was making progress. Mr. San Juan will meet with Mr. Turnquest for plans. This application will be continued meeting. at the next Zoning Board IN THE MATTER OF NEHMAT CURI, JOHANNA AND ELIAS ADOUD, 270 NORTH WASHINGTON STREET. NORTH TARRYTOWN, NEW YORK Mr. Barstow stated that he is the architect and would like a continuance since the applicant is not present. Mr. Fitzpatrick stated that this was the second continuance. -4- �Mr. Paolantonio made a motion to adjourn this matter until next month's meeting, seconded by Mr. Morabito. Carried unaminously. The applicant is required to re-notice the residents who own property within 200 ft. IN THE MATTER OF UGO CHECCHI, 51 COLLEGE AVENUE, NORTH TARRYTOWN, NEW YORK Mr. Checchi will have to re-notify all people who own property within 200 ft. (Registered receipt mailings are required) Dr. Masias made a motion to deny the request for the interpretation of the existing residence, seconded by Mr. Morabito. Motion carried unanimously. Mr. Paolantonio made a motion to reconsider the above motion, seconded by Mr. Boumis. Motion carried unanimously. Mr. Boumis made a motion to adjourn the matter until next month and instruct counsel to send a letter to Mr. Checchi stating that he must appear at the December meeting with registered receipt mailings to owners as required. If this is not completed the matter will be denied and he will have an illegal apartment, seconded by Mr. Morabito. Motion carried unanimously. A request will be made to the Board of Trustees to mandate mailings and also have certified mailing acceptable. IN THE MATTER OF EDWARD BELLI VEAU, 7 BARNHART AVENUE, NORTH TARRYTOWN. NEW YORK Mr. Belliveau will be instructed by counsel to renotify the owners who reside within 200 ft. Ms. Angela Shibetti suggested that if an applicant will not be present, the Board should notify neighbors that the application will be postponed. Mr. Fitzpatrick stated that the adjournment is unfortunate, but the neighbors will be notified if the applicant decides to submit another application. A motion was made to approve the minutes of September 16, 1992, seconded by Mrs. Galgano. Motion carried unanimously. A motion was made by Mrs. Galgano to approve the minutes of October 21, 1992, seconded by Mr. Paolantonio. Motion carried. Vote: 4-2, with Mr. Boumis and Mr. Morabito abstaining. Mr. Paolantonio made a suggestion that instead of signing affidavits he would like to have the people come before the board to testify under oath. Discussion ensued. -5- �Mr. Morabito made a motion to change the application to say they must appear, seconded by Mrs. Galgano. Motion carried Vote: 5-1 with Mr. Boumis stating no. Mr. Boumis made a motion to adjourn the meeting, seconded by Mr. Morabito. Motion carried unanimously. The meeting was adjourned at 10:00 PM. Respectfully submitted, Christine A. Yurkovic Recording Secretary -6- �MARONEY PONZINI & SPENCER A T T O R N E Y S & C O U N S E L O R S AT L A W 14 NORTH BROADWAY TARRYTOWN. NEW YORK T H O M A S W. MARONEY ROBERT J . PONZINI ROBERT W. S P E N C E R * LORI A. ALESIO • LAURA COPLANO * REGINA F. KELLY * BRIAN O. MURPHY KENNETH E. POWELL JOSEPH A. STARGIOTTI* MARIANNE STECICH T E L E P H O N E : ( 9 1 4 ) 631-1176 LARCHMONT OFFICE 1 8 9 0 PALMER AVENUE LARCHMONT. NY I 0 5 3 S (914) 8 3 4 - O I O O 10591 FAX: ( 9 1 4 ) 631-2384 CONNECTICUT OFFICE 4 6 0 SUMMER STREET. 4 T H FLOOR STAMFORD. CT 0 6 9 0 1 (203) 3 5 8 - O S 0 6 COUNSEL THOMAS R. CONSTABILE. JR. MARK L. DAVIES J O H N C. POLERA MICHAEL K. STANTON. JR. JOSEPH E. S T . ONGE • A L S O ADMITTED IN CT • ALSO ADMITTED IN NJ November 23, 1992 Mr. Leoncio Molina 15 College Avenue North Tarrytown, New York 10591 Dear Mr. Molina: This is to advise you that the Zoning Board of Appeals of the Village of North Tarrytown denied your application for an area variance at the meeting on Wednesday, November 18, 1992. Sincerely, NEY PONZINI & SPENCER Robert W. RWS/ab Enclosure cc: John Hughes Angela Everett �MARONEY PONZINI & A T T O R N E Y S S. C O U N S E L O R S AT SPENCER LAW 14 NORTH BROADWAY TARRYTOWN. NEW YORK 1 0 5 9 1 THOMAS W. MARONEY ROBERT J . PONZINI ROBERT W. S P E N C E R * TELEPHONE: (914) 631-1176 LARCHMONT OFFICE LORI A. ALESIO » LAURA COPLAND * REGINA F. KELLY • BRIAN D. MURPHY KENNETH E. POWELL JOSEPH A. STARGIOTTI* MARIANNE STECICH 1 8 9 0 PALMER AVENUE L A R C H M O N T . NY 1 0 5 3 8 (914) 8 3 4 - O I O O 4 6 0 FAX: (914) 6 3 1 - 2 3 8 4 CONNECTICUT OFFICE SUMMER STREET. 4 T H FLOOR STAMFORD. CT 06901 COUNSEL THOMAS R. CONSTABILE. JR. MARK L. OAVIES J O H N C- POLERA MICHAEL K. STANTON. JR. JOSEPH E. ST. ONGE (203) 3 5 8 - 0 8 0 6 * A L S O AOM1TTEO IN CT • ALSO ADMITTED IN NJ November 23, 1992 Mr. Ugo Checchi 51 College Avenue North Tarrytown, New York 10591 Dear Mr. Checchi: This is to advise you that the Zoning Board of Appeals of the Village of North Tarrytown adjourned the hearing on your request for a determination that your house is a grandfathered nonconforming three (3) family residence. The matter will be scheduled for a hearing on the third Wednesday of December. At that time you will be required to produce receipts of a mailing of the notice of the hearing sent to the list of owners on the list provided to you by Jim Margotta. The Zoning Board of Appeals will not accept an affidavit by you of personal service on the owners of the adjoining properties. Please make sure that you have available for filing with the clerk the green receipts from the mailings. Very truly yours, EY PONZINI & SPENCER 'w Robert W. (spencer RWS/ab Enclosure cc: Angela Everett 28 Beekman Avenue North Tarrytown, New York 10591 _^_iai»ifc_ Ifi^lS ^ . ' # f t i * - S l » : la&Sfc&as �MARONEY PONZINI & ATTORNEYS T H O M A S W. MARONEY ROBERT J. PONZINI ROBERT W. SPENCER* LORI A. ALESIO LAURA COPLAND REGINA F. KELLY * BRIAN O. MURPHY KENNETH E. POWELL J O S E P H A. STARGIOTTI* MARIANNE STECICH SPENCER & C O U N S E L O R S AT L A W 14 NORTH BROADWAY TARRYTOWN. NEW YORK 1 0 5 9 1 TELEPHONE: (914) 6 3 I - I I 7 S FAX: (914) 6 3 1 - 2 3 8 4 LARCHMONT OFFICE CONNECTICUT OFFICE 1 8 9 0 PALMER AVENUE L A R C H M O N T . NY 1 0 5 3 8 (91-*) 8 3 4 - O I O O 4 6 0 SUMMER STREET. 4 T H FLOOR STAMFORD. CT 0 6 9 0 1 (203) 3 5 8 - 0 8 0 6 COUNSEL THOMAS R. CONSTABILE. JR. MARK L. OAVIES J O H N C. POLERA MICHAEL K. STANTON. JR. J O S E P H E. ST. ONGE • A L S O ADMITTED IN CT • ALSO ADMITTED IN NJ November 23, 1992 Nehmat Curi, Ellas Aboud and Jouhana Aboud 270 North Washington Street North Tarrytown, New York 10591 Dear Applicant: This is to advise you that the Zoning Board of Appeals of the Village of North Tarrytown adjourned the hearing on your application for variances to the third Wednesday of December for a hearing. You will" be required to show proof of mailing of notices of the hearing to the adjoining owners as set forth on the list supplied to you by James Margotta, the Building Inspector. You will not be permitted to undertake any construction on the premises for which the variances are required until such time as you actually receive the variances. Any work done before you obtain the variance may be ordered removed by the building inspector. Very truly yours, ONE* PONZINI & SPENCER Robert W. S RWS/ab cc: Angela Everett 28 Beekman Avenue North Tarrytown, New York 10591 4^>'-> •^^-^^^^^^^^^^^•^^sAs^s^ �MARONEY PONZINi & SPENCER A T T O R N E Y S & C O U N S E L O R S AT LAW 14 N O R T H BROADWAY T A R R Y T O W N . NEW Y O R K THOMAS W. MARONEY ROBERTO. PONZINI ROBERT W. S P E N C E R * TELEPHONE: (914) 631-1176 LARCHMONT OFFICE 1 8 9 0 PALMER AVENUE LARCHMONT. NY I O S 3 8 (914) 8 3 4 - O I O O LOR! A. ALESIO LAURA COPLAND REGINA F. KELLY • BRIAN D. MURPHY KENNETH E. POWELL JOSEPH A. STARGIOTTI* MARIANNE STECICH 10591 FAX: ( 9 1 4 ) 631-2384 CONNECTICUT OFFICE 4 6 0 SUMMER STREET. 4 T H FLOOR STAMFORD. CT 0 6 9 0 1 (203) 3 5 8 - 0 8 0 6 COUNSEL THOMAS R. CONSTAB1LE. JR. MARK L. OAVIES J O H N C. POLERA MICHAEL K. STANTON. JR. J O S E P H E. S T . ONGE • A L S O ADMITTED IN CT * ALSO ADMITTED IN NJ November 23, 1992 Mr. Edward Belliveau 7 Barnhart Avenue North Tarrytown, New York 10591 Dear Mr. Belliveau The records of the Zoning Board of Appeals of the Village of North Tarry town indicate that you withdrew your application for a variance in September. If you intend to renew the application for a variance in the future, you will have to provide notice to your adjoining land owners and public notice will have to be published in the newspaper by the Village. Please advise the Building Inspector whether you intend to refile an application for a variance. Very truly yours, EY PONZINI & SPENCER J '/W Robert W. Spencer RWS/ab Enclosure cc: : r~7- ~ — Angela Everett 28 Beekman Avenue North Tarrytown, New York 10591 - jt~*.; H-- _-^f pJ.--<j*-jfe&. d ^ ^ j ^ i ^ M t e a y e ^ i i g ^ �MARONEY PONZINI ATTORNEYS & SPENCER 6. C O U N S E L O R S A T L A W 14 NORTH BROADWAY TARRYTOWN, NEW YORK 1 0 5 9 1 THOMAS W. MARONEY ROBERT J . PONZINI ROBERT W. SPENCER* TELEPHONE: (914) 631-1176 LARCHMONT OFFICE LORI A. ALESIO LAURA COPLAND REGINA F. KELLY * BRIAN O. MURPHY KENNETH E. POWELL JOSEPH A. STARGIOTTI* MARIANNE STECICH 1 8 9 0 PALMER AVENUE L A R C H M O N T . NY 1 0 5 3 8 (9IA) 8 3 4 - O I O O 4 6 0 FAX: (914) 6 3 1 - 2 3 8 4 CONNECTICUT OFFICE SUMMER STREET. 4 T H FLOOR STAMFORD. CT 0 6 9 0 1 (203) 3 5 8 - 0 8 0 8 COUNSEL THOMAS R. CONSTABILE. JR. MARK L. DAVIES J O H N C. POLERA MICHAEL K. STANTON. JR. J O S E P H E. ST. ONGE • A L S O ADMITTEO IN CT • ALSO ADMITTED IN NJ November 23, 1992 Mr. and Mrs. Richard Jones 650 Riverside Drive North Tarrytown, New York 10591 Dear Mr. and Mrs. Jones: This is to advise you that the Zoning Board of Appeals of the Village of North Tarrytown approved your application for a use variance to permit the installation of a kitchen in the basement of your residence under the following terms and conditions: 1. There will no outside modifications to your house. 2. There will only be four (4) people residing in the house plus a caretaker, if necessary in the future. 3. You will remove the kitchen if and when your parents vacate the house. 4. The basement area is not to be considered a separate apartment. 5. You will not be permitted to rent the basement area. 6. The variance will terminate automatically upon your sale of your residence. 7. The variance will be subject to review by the Zoning Board of Appeals in two years. Very truly yours, )NEY/PONZINI & SPENCER J RtfbeTt W RWS/ab Enclosure^ 1^ encer cc: Angela Everett 28 Beekman Avenue North Tarrytown, New York 10591 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1992 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1992-11-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-1992 Date A point or period of time associated with an event in the lifecycle of the resource 1992 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text https://sleepyhollow.localarchives.org/files/original/8dee3c2ae173504a19b717f71f59f6e1.pdf ae33a1ab792f7bbbeabdcd5715519044 PDF Text Text \ ed with respect to substance and form: baL Village Attyorhey Dated: (/ '/U ^3 Approved by the Zoning Board Chairman. or. Actinsr Chairman Dated : ifat/p F i l e d w i t h V i l l a g e Clerk Lerk dy d& Deputy Clerk Deputy <Clerk Dated: (/%3~(<I?> DECEMBER.16, &m Date of Meeting j?9oL �Zoning Board of Appeals Regular Meeting December 16, 1992 Village Hall, North Tarrytown FINAL A regular meeting was held by the Zoning Board of Appeals on December 16, 1992 at 8:00 P.M., in Village Hall, North Tarrytown, New York. Members Present: George Fitzpatrick Frank Paolantonio Costas Bounds John Morabito Also Present: Robert W. Spencer, Esq. James Margotta, Building Inspector Absent: Mary Galgano Michael Masias Juan Pujadas IN THE MATTER OF ELIZABETH D. AXIN, 4 EVERGREEN WAY, NORTH TARRYTOWN, NEW YORK. Mr. Paolantonio made a motion to open the Public Hearing, seconded by Mr. Morabito. Motion carried unanimously. Mr. Sam Watkins stated that he was representing the applicant and has been before the Board on many occasions. In December of 1991 the Board granted an area variance for the lot which is at issue. The applicant is seeking an extension of the area variance for the property designated as Lot 1 on the subdivision map dated revised October 1, 1991. A contract for the properly sized lot has been signed. A contract for Lot 1 is about to be signed in the next week. There is a builder who plans to put a house on each lot and will be submitting applications for the building permits shortly. Mr. Steve Baderian stated that he is representing the President of Sleepy Hollow Taxpayers Association (SHTA) and other neighbors. The President of the Association provided Mr. Baderian with a statement which mentions that the application is here for another extension, what could be characterized as a grandfather of all grandfathers. In 1967 the Board of Trustees passed a law upgrading the zoning from 10,000 sq. ft. to 15,000 sq. ft. per lot. Under state law, owners of non-conforming lots had a three year window to build on substandard lots. The window closed in 1970. In 1990 the applicant's variance was overturned by the New York State Supreme Court. Thereafter the applicant was granted a variance by the Zoning Board and the SHTA did not appeal the decision. The copy of the current application and �contracts have not been made available to SHTA = A number of neighbors would have liked to be present at the meeting but were unable to attend, and Mr. Baderian asked the Board to either deny the extension or grant a one month extension of the hearing so the neighbors could present their case. Mr. Edmund Stoecklein is on the Sleepy Hollow Taxpayers Association Architectural Review Committee and the Committee strongly objects to a renewal of the variance which the Committee had originally opposed. There have been discussions with the builder who has the contracts. The builder has not come before the SHTA/ARB for approval to build on these lots. Mr. Stoecklein feels the builder should come and talk with the Association since there are objections. He has not done so. Mr. Stoecklein would like to have the neighbors at a Zoning Board meeting so they would be able to express their opinions. Mr. Fitzpatrick stated that public hearing notices were sent out, as required. Mr. Steve Salman stated that he was concerned - about the construction. He feels that the variance should not be approved. Mr. Watkins stated that this is an extension and not another application. Proper notice was given. Mr. Baderian stated that it is up to the applicant to show why the variance should be extended. The Board has been generous. Mr. Fitzpatrick recited a paragraph concerning extensions from the Zoning Code. Discussion ensued. The application was made before the variance expired. Mr. Spencer stated that as long as the same conditions exist now as they did when the area variance was granted, there could be an extension. Mr. Stoecklein stated that on behalf of the Sleepy Hollow Taxpayers Association he would like the hearing to be extended until next month's meeting so that everyone can testify. Mr. Stoecklein also stated that the lots are not very salable, which is the reason they cannot be readily sold. Mr. Watkins stated that he objects to the above statements because the builder called Mr. Stoecklein to try to work out certain items. Mr. Stoecklein said that he received the call and not the Association. Thomas and Melissa Moran stated that they received the notice on the afternoon of December 16th. Mr. Fitzpatrick stated that the notice was mailed on the third of December- If the notice was just received today, there may have been an error with the U.S. Postal Service. Mr. Spencer stated that the notice was also published in the newspaper. Discussion ensued. �Mr. Boumis made a motion to close the public hearing, seconded by Mr. Morabito. Motion carried unanimously. DISCUSSION Mr. Paolantonio stated that he doesn't believe anything has changed from 1991 to 1992, and would vote to extend the variance. Mr. Boumis stated that based on the record he would extend the variance. A motion was made by Mr. Morabito to determine that the granting off the extension will be a Type II SEQRA action which will have no material adverse impact on the environment, seconded by Mr. Paolantonio. Motion carried unanimously. Mr. Morabito made a motion to grant the extension of the area variance, seconded by Mr. Boumis. Motion carried unanimously. IN THE MATTER OP EDWARD BELLIVEAU, 7 BARNHART AVENUE, NORTH TARRYTOWN, NEW YORK. Mr. John Hughes, Esq. who is representing Mr. Belliveau distributed a memorandum and presented proof of mailing to the Board. Mr. Hughes stated that the premises is non-conforming, as are a number of other properties in the area. The first floor of the property is currently vacant. A variance is needed to do anything with the first floor property. A variance from the State Fire Board is also needed. It was suggested that the concept of a one or two family apartment be looked into. Theoretically, it can be done but North Tarry town does not prescribe the minimum square feet per apartment. It would not be a good idea because there could be more than one person in an apartment; therefore, more parking would be needed than the applicant's proposal to expand the rooming house. Also kitchens and plumbing would have to be installed. Mr. Hughes stated that only four rooms would be put in. The rooms would be the same as the current rooms throughout the rest of the building and the building next door. Without kitchens there will be fewer fire and construction problems. Parking that is across the street will be available. Thirty notices have been sent out and Mr. Hughes feels that the neighbors are not objecting to this use in view of the fact that only one property owner has objected. �Ms. Angela Swift who is the daughter of Mr. & Mrs. Shibetti owners of adjoining property, stated that the character of the Village has gone down hill. The Belliveaus are good neighbors. The Village is overpopulated to begin with. Ms. Swift suggested enlarging the existing rooms. Mr. Hughes stated that the properties in the area are nonconforming and that the neighbors who live in the area or own property have given this some thought and are probably comfortable with the application. Mrs. Joan Shibetti stated that she owns property near the Belliveau's and they have been wonderful neighbors. But she would like the Board to keep in mind that the variance would not only be given to the Belliveaus but also to anyone who owns the property in the future. Mr. Stoecklein stated that he is a licensed architect and he moved into North Tarrytown because he likes the diversity. The reason for the zoning requirements is to protect the environment. The percentages and numbers in the variance are out of line and the zoning ordinances should be enforced. Mr. Morabito made a motion to close the public hearing, seconded by Mr. Boumis. Motion carried unanimously. Mr. Fitzpatrick stated that most property in that area is substandard size lots. The bar had been there for years and everyone, including the neighbors, was glad to see it leave. Mr. Boumis stated that the Zoning Board has been established for these situations. The Zoning Board deals with pre-existing lots. Mr. Paolantonio stated that it is the responsibility of the Board to protect the rights of owners as well as Village rights. Mr. Morabito stated that no one knows when an owner may sell. He feels Mr. Belliveau is doing a great job. He also stated that if this variance was approved that maybe a sprinkler system should be put in. A motion was made by Mr. Morabito to determine that the granting of the variance would be a Type II SEQRA action which will have no material adverse impact on the environment, seconded by Mr. Paolantonio. Motion carried unanimously. Mr. Morabito made a motion to grant the application, seconded by Mr. Paolantonio. Mr. Morabito also added to the motion a stipulation that the garage across the street be offered to the four new tenants for their exclusive use, seconded by Mr. Paolantonio. Motion carried unanimously. �r * m IN THE NATTER OF UGO CHECCHI, 51 COLLEGE AVENUE, NORTH TARRYTOWN, NEW YORK This matter will be adjourned until the January Zoning Board meeting. A new legal notice will be published and the correct mailings are to be sent to the correct property owners. IN THE MATTER OF NEMAT CURI, 270 NORTH WASHINGTON STREET, NORTH TARRYTOWN, NEW YORK Mr. Poalantonio made a motion to adjourn this matter until the January Zoning Board meeting seconded by Mr. Morabito. Motion carried unanimously. MINUTES Mr. Poalantonio made a motion to approve the November 18, 1992 minutes seconded by Mr. Morabito. Motion carried unanimously. Being no further business, Mr. Boumis made a motion to adjourn the meeting seconded by Mr. Fitzpatrick. Motion carried unanimously. ^W The meeting was adjourned at 9:45 P.M. Respectfully submitted, Christine A. Yurkovic Recording Secretary • �MARONEY PONZINI S. S P E N C E R ATTORNEYS & C O U N S E L O R S AT LAW 14 NORTH BROADWAY TARRYTOWN, NEW YORK 1 0 5 9 1 THOMAS W. MARONEY ROBERT J . PONZINI ROBERT W. SPENCER* TELEPHONE: (91-4) 631-1176 LARCHMONT OFFICE 1 8 9 0 PALMER AVENUE LARCHMONT. NY 1 0 5 3 8 LORI A. ALESIO * LAURA COPLAND * REGINA F. KELLY • BRIAN D. MURPHY KENNETH E. POWELL JOSEPH A. STARGIOTTI* MARIANNE STECICH KATHLEEN M. HOPKINS December 2 1 , (914) 8 3 4 - O I O O FAX: ( 9 1 4 ) 6 3 1 - 2 3 8 4 CONNECTICUT OFFICE 4 6 0 SUMMER STREET. ATH FLOOR STAMFORD. CT 0 6 9 0 1 (203) 3 5 S - 0 8 0 6 COUNSEL THOMAS R. CONSTABILE. JR. MARK L. OAVIES JOHN C. POLERA MICHAEL K. STANTON. JR. JOSEPH E. ST. ONGE •ALSO ADMITTED IN CT • ALSO ADMITTED IN NJ 1992 Mr. William D. Akin c/o Duffy & Watkins 701 Westchester Avenue White Plains, NY 10604 RE: Village of North Tarrytown Dear Mr. Akin: This is to advise you that the Zoning Board of Appeals of the Village of North Tarrytown extended the area variance for tax lot 1 in order to permit such lot to be considered a building lot. You should obtain a building permit within the next twelve (12) months in order to preserve the variance. Very truly yours, toffEY PONZINI & SPENCER, ESQS. Robert wj Spencer RWS:ml cc: Angela Everett, Assistant Village Clerk JAN ( j (993 II^ �MARONEY PONZINI & SPENCER A T T O R N E Y S & C O U N S E L O R S AT L A W 14 NORTH BROADWAY TARRYTOWN. NEW YORK THOMAS W. MARONEY ROBERT J . PONZINI ROBERT W. S P E N C E R * TELEPHONE: (914) 631-1176 LARCHMONT OFFICE 1 8 9 0 PALMER AVENUE LARCHMONT. NY I 0 5 3 S (914) 8 3 4 - O I O O LORI A. ALESIO * LAURA COPLAND * REGINA F. KELLY * BRIAN D. MURPHY KENNETH £ . POWELL JOSEPH A. STARGIOTTI* MARIANNE STECICH KATHLEEN M. HOPKINS 10591 FAX: ( 9 1 4 ) 631-2384 CONNECTICUT OFFICE 4 6 0 SUMMER STREET. 4 T H FLOOR STAMFORD. CT 0 6 9 0 1 (203) 3 5 3 0 8 0 6 COUNSEL THOMAS R. CONSTABILE. JR. MARK L. OAV1ES J O H N C. POLERA MICHAEL K. STANTON. JR. J O S E P H E. ST. ONGE • A L S O ADMITTED IN CT * ALSO ADMITTED IN NJ December 21, 1992 Mr. Edward Belliveau c/o John J. Hughes, Jr. First National Bank Building 49 Beekman Avenue North Tarrytown, New York 10591 RE: Village of North Tarrytown Dear Mr. Belliveau: This is to advise you that the Zoning Board of Appeals for the Village of North Tarrytown granted your variance to permit the addition of four (4) rooms to your premises at 7 Barnhardt Avenue, North Tarrytown, New York. Very truly yours, (ONJEY PONZINI & SPENCER, ESQS. Robert W. Spencer RWS:ml V/ UlmnCLERK cc: Angela Everett, Assistant V i l l a g e Clerk ^5f^t^-^^=***^'#ifj!A*?fcAi%t;>?s^-<lf M&^z^£^M&tMms£&i^Ss6^iii^^^sM^^^^^^^^M^^^^^^^^^ �MARONEY PONZINI & SPENCER A T T O R N E Y S & C O U N S E L O R S AT L A W 1-4 NORTH BROADWAY TARRYTOWN. NEW YORK 1 0 5 9 1 THOMAS W. MARONEY ROBERT J . PONZINI ROBERT W. S P E N C E R * LORI A. ALESIO * LAURA COPLAND • REGINA F. KELLY • BRIAN O. MURPHY KENNETH E. POWELL J O S E P H A. STARGIOTTI* MARIANNE STECICH KATHLEEN M. HOPKINS TELEPHONE: (914) 631-1176 LARCHMONT OFFICE 1 8 9 0 PALMER AVENUE L A R C H M O N T . NY 1 0 5 3 8 (914) S3-4-OIOO 4 6 0 FAX: (91-4) 6 3 1 - 2 3 8 - 4 CONNECTICUT OFFICE SUMMER STREET. 4 T H FLOOR STAMFORO. CT 0 6 9 0 1 (203) 358-OBOS COUNSEL THOMAS R. CONSTABILE. JR. MARK L. OAVIES J O H N C. POLERA MICHAEL K. STANTON. JR. J O S E P H E. ST. ONGE • A L S O ADMITTED IN CT • ALSO ADMITTED IN N J December 21, 1992 Mr. Ugo Checchi 51 College Avenue North Tarrytown, NY 10591 Dear Mr. Checchi: This is advise you that the Zoning Board of Appeals of the Village of North Tarrytown adjourned the hearing on your request for determination that your house is a grandfathered non-conforming three (3) family residence to the third Wednesday of January, 1993. Very truly yours, MARONEY PONZINI & SPENCER, ESQS Robert W. Spencer RWSrml cc: Angela Everett, Assistant Village Clerk �MARONEY PONZINI & SPENCER A T T O R N E Y S & C O U N S E L O R S AT LAW 14 N O R T H BROADWAY T A R R Y T O W N , NEW YORK THOMAS W. MARONEY ROBERT J . PONZINI ROBERT W. SPENCER* TELEPHONE: (914) 6 3 J - I I 7 6 LARCHMONT OFFICE 1 8 9 0 PALMER AVENUE LARCHMONT. NY I O S 3 Q (914) 8 3 4 - O I O O LORI A. ALESIO LAURA COPLAND REGINA F. KELLY * BRIAN O. MURPHY KENNETH E. POWELL JOSEPH A. STARGIOTTI* MARIANNE 5TECICH 10591 FAX: ( 9 1 4 ) 6 3 1 - 2 3 8 4 CONNECTICUT OFFICE 4 6 0 SUMMER STREET. <4TH FLOOR STAMFORD. CT 0 6 9 0 1 (203) 3 5 8 - 0 8 0 6 COUNSEL THOMAS R. CONSTABILE. JR. MARK L. DAVIES JOHN C. POLERA MICHAEL K. STANTON. JR. JOSEPH E. ST. ONGE •ALSO ADMITTEO IN CT • ALSO ADMITTED IN NJ November 23, 1992 Mr. and Mrs. Richard Jones 650 Riverside Drive North Tarrytown, New York 10591 Dear Mr. and Mrs. Jones: This is to advise you that the Zoning Board of Appeals of the Village of North Tarrytown approved your application for a use variance to permit the installation of a kitchen in the basement of your residence under the following terms and conditions: 1. There will no outside modifications to your house. 2. There will only be four (4) people residing in the house plus a caretaker, if necessary in the future. 3. You will remove the kitchen if and when your parents vacate the house. 4. The basement area is not to be considered a separate apartment. 5. You will not be permitted to rent the basement area. 6. The variance will terminate automatically upon your sale of your residence. 7. The variance will be subject to review by f*>p Zoning, Board of Appeals in two years. i Very truly yours, )NEY/PONZINI & SPENCER J. Rtfbdrt W RWS/ab Enclosure^ encer LU JAN i \'m DFPUTY CLERK cc: Angela Everett 28 Beekman Avenue North Tarrytown, New York 10591 a � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1992 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1992-12-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-1992 Date A point or period of time associated with an event in the lifecycle of the resource 1992 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text