1 25 11 https://sleepyhollow.localarchives.org/files/original/9a39468d258276bedc326ec3eb7afc1f.pdf 86d32d52bb7ab1bca93df5fa372ef9b5 PDF Text Text Approyed\with respect to substance and form; Villag^ Attorn Dated: ^f^fe Approved by tenV Zoning Board Chairman or^fci.nr[ Chsdr Dated: ^/J^/^-3 Filed with Village Clerk Clerk or Bfeputy Clerk Dated: H-\( ^3 DatS£ of Meeting' -^t-^^Jt^^i^tsi^z^^i^mM^^s^S^^^^&k-AiiiSi �»J Regular Meeting Zoning Board of Appeals January 20, 1993 FINAL A regular meeting was held by the Zoning Board of Appeals on January 20, 1993 in Village Hall, 28 Beekman Avenue, North Tarrytown, New York. Members Present: George Fitzpatrick Costas Boumis John Morabito Juan Pu j adas Michael Masias Frank Paolantonio Also Present James Margotta, Building Inspector Robert Spencer, Village Attorney Absent: Mary Galagano IN THE MATTER OF UGO CHECCHI, 51 COLLEGE AVENUE, NORTH TARRYTOWN, NEW YORK Mr. Checchi presented proof of receipts of mailing of notices to the clerk. Mr. Checchi stated that he has the assessment from the Town of Mount Pleasant and that he has paid the town and school taxes as a three family residence for many years. At one point he was using the index cards in the Building Inspector's office and noticed that on his property card, his residence was listed as a two family house. He would like it to be changed to a three family residence. It has been a three family home prior to the adoption of the Zoning Code. Mr. Paolantonio stated that Mr. Checchi's father bought the house in 1943 and the records of North Tarrytown have a listing of it as a two family house. Mr. Checchi showed the Board the assessment card from the Town of Mount Pleasant which indicates a three-family residence. Mr. Morabito stated that the card is dated March 8, 1963, which is the time of the inspection. Discussion ensued. Mr. Robert Checchi stated that he has lived in the house for 27 years and it was always a three family home. Mr. Belanich stated that he has known Mr. Checchi before 1960 and as far as he can remember it has always been a three-family home. Mr. Morabito made a motion to close the Public Hearing, seconded by Mr. Paolantonio. Motion carried unanimously. B@ E O W E FEB 2 2!<* 3 J UMJYCIRK :-^-^-:„_.j - - A c s M ' - j f ^ t x ari- ™^-* ^i^j ^ 2*H?i*u'^ £^''^Jz&$£&g&^^Z:&2ti&&j^3g$g^ �DISCUSSION Mr. Boumis stated that the issue is what occurred in the 1960's prior to the adoption of the Zoning Code. The Board has responsibility to adjust' the records, if appropriate. Mr. Morabito stated that he agrees with Mr. Boumis. Mr. Morabito asked where the families are located; if there was a basement apartment. Mr. Checchi stated that there is not a basement apartment but there is a ground level apartment. A motion was made by Mr. Morabito to determine that the granting of the adjustment of the Building Department records to list the residence as a three-family residence will be a Type II SEQRA action which will have no material adverse impact on the environment, seconded by Mr. Boumis. Motion carried unanimously. Mr. Morabito made a motion to confirm that the house is grandfathered as a three family residence. Seconded by Mr. Masias. Motion carried unanimously. IN THE MATTER OF MARINOS BOURAS d/b/a THE HORSEMEN'S FAMILY RESTAURANT, 27 6 NORTH BROADWAY, NORTH TARRYTOWN, NEW YORK. Mr. John Hughes, Esq., who is representing Mr. Bouras, presented proofs of receipt of mailing of notices to the Clerk. Mr. Hughes stated that this proposal is to add to the existing restaurant. This is to provide more room for a non-smoking section and to accommodate existing traffic. For the front yard set back there is a 20 ft. requirement and only 11 ft. is provided. If the variances are granted there would a total of 99 seats in the restaurant. The Code requires one parking space for every five seats, therefore, there is a total of 20 spaces required. Under the plan there will be 17 parking spaces. In the front there is a loss of one space on the south side of the restaurant where the addition will go. In the rear parking lot a modification of some curbs will provide for three additional spaces. This business has been in the Village for four years. It is a family operation. The landscaping will remain the same. It is a viable business in North Tarrytown. Mr. Boumis asked how far the restaurant would be expanded in the front. Mr. Hughes stated approximately 12 ft. Mr. Boumis made a motion to close the Public Hearing, seconded by Mr. Morabito. Motion carried unanimously. Mr. Masias asked if Route 448 would be widened? Mr. Margotta stated that it may be widened but it will not affect the restaurant. Mr. Masias also asked if the proposed plan would affect handicap spaces. Mr. Margotta stated yes. The restaurant sJsB£&cAtas»i;ifi3«£i*&i^i*^ �will have to determine how to comply with the requirements. Mr. Boumis stated that the additional lot coverage is minimal and only one parking space is lost with the addition. Mr. Paolantonio stated that the restaurant really enhances the corner and he has no objections and wishes the family well. A motion was made by Mr. Boumis to determine that the granting of the variances will be a Type II SEQRA action which will have no material adverse impact on the environment, seconded by Mr. Morabito. Motion carried unanimously. Mr. Boumis made a motion to grant the variances for the additions, seconded by Mr. Morabito. Motion carried unanimously. IN THE MATTER OF RODNEY RODRIQUES, 31 BEEKMAN AVENUE, NORTH TARRYTOWN, NEW YORK Mr. Rodriques' representative stated that Mr. Rodriques owned the building and the property on Beekman and Lawrence Avenue since 1978. He rents the liquor store across the street and would like to have it relocated to the corner of Beekman and Lawrence Avenues. A part of this building is a tavern and there are one and two bedroom apartments above. The existing rear yard setback is 14 ft. The ordinance requires a 20 ft. rear yard setback. A variance is needed for 6 ft. not 14 ft. The property has two front yards. No setbacks are. required on either Beekman and Lawrence Avenue. There are 3 parking spaces; 17 spaces are required. A variance is needed for 14 spaces. The plan would renovate the existing entrance for the residential part of the building. He would use the existing basement for his stock (storage) . New York State Liquor Law requires stock to be brought in from the front door. A small dumb waiter will be included. A new roof will tie in with the addition. Mr. Morabito made a motion to close the public hearing, seconded by Mr. Boumis. Motion carried unanimously. DISCUSSION Mr. Morabito stated that this proposal will dress up the corner a little. There is not much that can be done about the parking. Most businesses on Beekman Avenue do not have enough parking. Mr. Morabito stated that he would vote for the addition. Mr. Masias stated that another retail business may move into the old building. There are parking needs to be considered, it would 3 �add congestion to the area, particularly because of the proximity of the property to the fire departments. Mr. Rodriques stated that people would still double park if spaces were available. ' Mr. Morabito stated that most people double park. Mr Pujadas stated that parking is a problem. 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. Pujadas. Motion carried by a vote of 4-1-1 with Mr. Boumis abstaining and Mr. Masias voting no. Mr. Morbito made a motion to approve the variances, seconded by Mr. Pujadas. Motion carried by a vote of 4-1-1 with Mr. Boumis abstaining and Mr. Masias voting no. IN THE MATTER OF NEMAT CURI, 270 NORTH WASHINGTON STREET, NORTH TARRYTOWN. NEW YORK Mr. Boumis made a motion to dismiss this matter, seconded by Mr. Morabito. Motion carried unanimously. MINUTES Mr. Boumis made a motion to approve the December 16, 1992 minutes, seconded by Mr. Morabito. Motion carried. Vote: 4-0-2 with Mr. Masias and Mr. Pujadas abstaining. Mr. Morabito made a motion to adjourn the meeting, seconded by Mr. Boumis. Motion carried unanimously. The meeting was adjourned at 9:00 P.M. Respectfully submitted, Christine A. Yurkovic Recording Secretary 4 �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 1 0 5 9 1 THOMAS W. MARONEY ROBERT J . PONZINI ROBERT W. SPENCER * LORI A. ALESIO * LAURA COPLAND * REGINA F. KELLY * BRIAN D. MURPHY KENNETH E. POWELL J O S E P H A_ STARGIOTTI* MARIANNE STECICH KATHLEEN M. HOPKINS TELEPHONE: (914) 631-1176 FAX: ( 9 1 4 ) 6 3 1 - 2 3 8 4 COUNSEL THOMAS R. CONSTABILE. JR. MARK L. OAVIES LARCHMONT OFFICE 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 CONNECTICUT OFFICE JOHN C. POLERA 4 6 0 SUMMER STREET. 4TH FLOOR STAMFORD. CT 0 6 9 0 1 (203) 3 5 8 - 0 8 0 6 MICHAEL K. STANTON. JR. JOSEPH E. ST. ONGE • A L S O ADMITTED IN CT • ALSO ADMITTED IN NJ January 22, 1993 Mr. Rodney Rodriguez 31 Beekman Avenue North Tarrytown, New York 10591 Dear Mr. Rodriguez: This is to advise you that the Zoning Board of Appeals of the Village of North Tarrytown granted the variances you requested in order to renovate and enlarge the premises at 31 Beekman Avenue, North Tarrytown, New York. Very truly yours, EY PONZINI & SPENCER Robert W.( Spencer RWS/ab cc: Angela Everett Village Clerk 28 Beekman Avenue North Tarrytown, New York 10591 �MARONEY PONZINI & SPENCER ATTORNEYS & C O U N S E L O R S AT LAW 14 N O R T H BROADWAY TARRYTOWN. NEW Y O R K THOMAS W. MARONEY ROBERT J . PONZINI ROBERT W. S P E N C E R * LORI A. ALESIO * LAURA COPLAND * REGINA F. KELLY * BRIAN D. MURPHY KENNETH E. POWELL JOSEPH A. STARGIOTTI* MARIANNE STECICH KATHLEEN M. HOPKINS T E L E P H O N E : (914) 631-1176 LARCHMONT OFFICE 1 8 9 0 PALMER AVENUE LARCHMONT. NY 1 0 5 3 8 (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 - 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 January 22, 1993 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 granted your request that your premises at 51 College Avenue be grandfathered as a three-family residence. The records in the Building Department will be corrected to reflect your residence as a three-family residence. Very truly yours. ONEY/PONZINI & SPENCER ft* Robert RWS/ab cc: Angela Everett Village Clerk 28 Beekman Avenue North Tarrytown, New York 10591 �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 1 0 5 9 1 THOMAS W. MARONEY ROBERT J . PONZINI ROBERT W. SPENCER* TELEPHONE: (914) 631-1176 L A R C H M O N T OFFICE 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 LORI A. ALESIO * LAURA COPLAND • REGINA F. KELLY * BRIAN D. MURPHY KENNETH £ . POWELL JOSEPH A. STARGIOTTI* MARIANNE STECICH KATHLEEN M. HOPKINS FAX: (914) 6 3 1 - 2 3 8 4 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. CONSTABILE. JR. MARK L. DAVIES JOHN C. POLERA MICHAEL K. STANTON. JR. JOSEPH E. ST. ONGE •ALSO AOMtTTED IN CT • ALSO ADMITTED IN NJ January 22, 1993 Mr. Marinos Bouras The Horseman Family Restaurant 276 North Broadway North Tarrytown, New York 10591 Dear Mr. Bouras: This is to advise you that the Zoning Board of Appeals of the Village of North Tarrytown granted the variances you requested in order to construct an addition to your existing restaurant. Very truly yours, NEY PONZINI & SPENCER Robert RWS/ab cc: pencer Johns Hughes First National Bank of North Tarrytown 45 Beekman Avenue North Tarrytown, New York 10591 Angela Everett Village Clerk 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-1993 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_1993-01-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-1993 Date A point or period of time associated with an event in the lifecycle of the resource 1993 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/8b756df42085e7d7eec93ede4a183df2.pdf c9789bb529e472964c4f15101e7ee352 PDF Text Text > t # Approveo/ with respect to substance and form: Village^Attorney X[C\'*\'5 Dated: Approvedytoy the Zoning Bo Chairman or^kcfeing Chal Dated: Filed with Village Clerk c ex. - Clerk or Deputy Clerk Dated: 3/^/*f3 -/?// Date of Meeting f£3 �REGULAR MEETING DRAFT NORTH TARRYTOWN, N.Y. 3/25/93 February 17, 1993 A regular meeting of the Zoning Board of Appeals of the Village of North Tarrytown was held on Wednesday, February 17, 1993 in the Village Hall, North Tarrytown, New York. PRESENT: George Fitzpatrick Frank Paolantonio Costas Boumis Mary Galgano ABSENT: John Morabito Michael Masias Juan Pujadas Mr. Fitzpatrick called the meeting to order at 8:15 P.M. The clerk read the public notice to hear and application by Laurentino Rodrigues for variances conversion of the existing building at 35 Clinton 16, Block 8, Lot 23A on the tax assessment map of North Tarrytown) from a one-family residence to a residence. consider an to permit the Street (Section the Village of two-family The applicant will be required to obtain the following variances: (1) the premises contain only 2,640 square feet (the premises should contain at least 4,000 square feet). (2) the front yard set-back is only seven (7) feet (a minimum set-back of 20 feet is required). (3) one side yard has at least five least fifteen side-yard set-back is eight (8) feet and the other no set-back (there must be a minimum side yard of (5) feet and the combined side yards must be at (15) feet). (4) the driveway is only eight (8) feet wide (the driveway\ must be at least ten (10) feet wide). / (5) there is only one parking space (there must be a parking space for each unit plus one-half space for each bedroom). (6) ^j^^j ^^m lot coverage (a maximum of 35% coverage is permitted) ^||? Mr. Rodrigues presented plans of the proposed conversion^KB: and stated that he purchased the property in 1989 as a twc^famiiy residence. The property is assessed for the purposes as^a two73? family residence. ^rS x �^ • ^ 4 Mr. Paolantonio stated that Mr. Rodrigues had filed an application for a variance to permit the use of 35 Clinton Street as a two-family residence, but withdrew the application in August, 1989 and obtained a variance to use the premises as a one-family residence on the following conditions: » (1) all work on the second floor apartment be removed, which includes the kitchen. (2) all electric and gas service meters to the second apartment be removed to the satisfaction of the Building Inspector. Mr. Boumis stated that he felt that too many variances were required* Mrs. Galgano stated that she felt that the area was too crowded and that the applicant would be encroaching on the lot next door. Mr. Fitzpatrick stated that part of the parking area would be on the adjoining lot, and that the house on the adjoining lot encroaches on this property. There being no further comments, Mr. Boumis moved, seconded by Mr. Paolantonio, that the Public Hearing be closed. Carried unanimously. After further discussion , Mr.-Paolantonio moved, seconded by Mr. Boumis, that the matter was an unlisted type action under SEQRA and would have an adverse impact on the environment due to problems with parking, loss of the remaining open space on the lot and the increase in population in an already densely populated neighborhood. Carried unanimously. The Board then made the following determination with respect to the application: ( Section 7-712-b of the Village Law provides that in making its determination on an application for an area variance, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such a grant. In making such a determination, the Board shall also consider: (1) whether an ,?; . undesirable change will be produced in the character of the ;^ ^>?i neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (2) whether the benefitV|?| sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; (3)li|£: whether the requested area variance is substantial ; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self/.•••*"-•': x • fZ^T ^^m^m^^^m^^^^^ �» v»> * created. Clinton Street is a very crowded neighborhood with a number of multiple family residences. There are already very serious problems with respect to the parking of cars. The site plan submitted by the applicant demonstrates that the site has very limited parking. In fact, part of the proposed parking area encroaches upon the adjoining property. There could be four cars used by the residents of the house, if the premises were to be converted to a two-family residence. It would be extremely difficult to park four cars on the site with the proposed on-site parking. It is very likely that on-street parking would be used. It is further noted that the proposed parking area shown on the site plan completely takes up the small existing open yard. The area variances requested are numerous and substantial. Six area variances are required. Some of those variances are substantial. For example, the lot is significantly undersized (containing only approximately 2/3 of the required square footage) . The side lot set-backs are almost non-existent. There is only a minimal front yard. While not specifically required for an area variance, it is worth noting that the applicant did not offer any justification for converting the residence to a two-family residence other than the desire to earn more rental income. The applicant did not demonstrate any economic hardship. Accordingly, the Zoning Board of Appeals concludes that the application for the various area variances should be denied. The granting of the variances would have an adverse impact on this densely populated neighborhood; the impact on parking is particularly serious; the requested variances are numerous and substantial; the granting of the variances would have a detrimental impact on the nearby properties; and the applicant , has not made any showing that he needs the variances other than a desire to generate more rental income. Mr. Paolantonio moved, seconded by Mr. Boumis, to deny the application. Carried unanimously. Mr. Fitzpatrick stated that there would be no meeting in March due to the holiday, but tentatively set March 23rd if a meeting was requested. ^ -\ There being no further business to come before the meeting ^|; f Mr. Boumis moved, seconded by Mrs. Galgano, that the same be duly ; adjourned. Carried unanimously. iSfJlS -. - ^l?»i2?tiK - - Respectfully submitted^^T Irene Amato Acting Clerk " r't-SeJ : 1^ � 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-1993 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_1993-02-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-1993 Date A point or period of time associated with an event in the lifecycle of the resource 1993 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/70176f595aec5dff90816a628c22fe44.pdf b75013ea60e02dd013b3d7621737d300 PDF Text Text to substance and form: Vi1lage Attorney Dated: £-K ^ <^~X Approved by the Zoning Board <&**, M ,hairmaii orr Acting Dated: Filed with Village Clerk Clerk or Deputy Clerk Dated: sy^o/qjj Date of Meeting �0 4 - ^. * \ \ ~^ REGULAR MEETING NORTH TARRYTOV7N, NEW YORK MARCH 23, 1993 DRAFT A regular meeting of the Zoning Board of Appeals of the Village of North Tarrytown was held on Tuesday, March 23, 1993 in the Village Hall, North Tarrytown, New York. Present: George Fitzpatrick, Chairman Mary Galgano Frank Paolaritonio Michael Masias John Morabito Juan Pujadas Absent: Costas Boumis Also Present: Robert Spencer, Village Attorney James Margotta, Building Inspector Mr. Fitzpatrick called the meeting to order at 8:00 PM. 1. JOHN TORNELLO-PUBLIC HEARING-254 NORTH BROADWAY-SNACK SHOP Clerk read the Public Notice to hear and consider an application by John Tornello for a variance to permit the operation of a convenience store to sell coffee, tea, soda and snacks at the service station located at 254 North Broadway, (Section 17, Block 13, Lot 4C on the tax Issessment map of the Village of North Tarrytown). The variance is required because other restaurants or food service establishments are located within 200 feet of the property. Mr. Tornello presented the Affidavit of Service of notices to the Clerk. Mr. Paolantonio moved, seconded by Mr. Morabito, that, the Public hearing be opened. Carried unanimously. Mr. Tornello stated he has been selling soda and snacks for off-site consumption for many years. He stated there will be no tables and chairs and no cooking of food. There being no further comments, Mr. Morabito moved, seconded by Mrs. Galgano, that the hearing be closed. Carried unanimously. Discussion followed regarding the type of snacks to be sold. The applicant can sell only coffee, tea, soda and snacks packaged for consumption off-premises. No food is to be prepared on premises. �Mrs. Galgano stated no one has appeared to speak against the variance and she felt there was adequate room for patrons to pull in and out of the service station. Dr. Masias stated that the two restaurants within 200 feet did not appear to oppose the granting of the variance; therefore he would not oppose the granting of same. Mr. Morabito moved seconded by Mrs. Galgano, that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. Carried unanimously. Thereupon, Mr. Morabito moved, seconded by Mrs. Galgano, that the variance be granted as requested. Carried unanimously. 2. WILSON SOUSA-PUBLIC HEARING-90 HOWARD STREET-TWO-CAR GARAGE Clerk read the notice to hear and consider an application by Wilson Sousa for a variance to permit the construction of a two-car garage at 90 Howard Street (Section 15, Block 4, Lots 2-5 on the tax assessment map of the Village of North Tarrytown) . There is a front yard set-back of only 15.5 feet ( minimum of 20 feet is required). Mr. Sousa presented the Affidavit of Service of notices to the Clerk. Mr. Sousa presented plans for the construction of a two-car garage at his property on Howard Street, stating he was requesting a front yard set-back variance of four and a half feet. He stated that the large tree at the rear of the property would remain. Mr. Margotta stated that the applicant meets all other requirements. The building will be concrete block. There being no further comments, Mr. Paolontonio moved, seconded by Mr. Morabito, that the hearing be closed. Carried unanimously. Discussion followed regarding sidewalk if variance was granted. cars overhanging onto the Mr. Sousa stated he wanted to build the garage in line with the front of the house. The Board stated the applicant would be losing two parking spaces in front of the garage and felt he should keep the garage back twenty feet. The Board felt there is still plenty of room for the garage without the granting of a variance. After a discussion, Mr. application for a variance. • <&&+&. Sousa decided to withdraw his �MINUTES Mr. Paolantonio moved, seconded by Mr. Morabito, that the minutes of the meeting held on January 29, 1993 be approved as submitted. Carried unanimously. Mrs. Galgano abstained. Mr. Spencer stated that the minutes of the February meeting would be presented to the Board at the next meeting. Discussion followed regarding the status of the Maxino San Juan property on Hudson Street. Mr. Margotta was instructed to write a letter to Mr. San Juan asking him to appear before the April meeting of the Board or to eliminate the family on the third floor. Discussion followed regarding plans for "Philipse Plaza" to be built north of "Uncle Jerry's" and the possible rezoning of the property or a need for variances. Dr. Masias stated he felt the property would be enhanced by the new building. Mr. Spencer stated that Mr. Pateman has purchased the property at the corner of Broadway and Gordon Avenue, which is zoned commercial. His plans are to build a "car wash" with an entrance and exit on Gordon Avenue. He also stated there are residential lots on Gordon Avenue on which Mr. Pateman plans to build two family houses. There being no further business to come before the Board, Mr. Morabito moved, seconded by Mr. Paolantonio, that the same be duly adjourned. Carried unanimously. Respectfully submitted, Irene Amato Acting Clerk 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-1993 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_1993-03-23 Subject The topic of the resource Zoning Board Minutes & Resolutions-1993 Date A point or period of time associated with an event in the lifecycle of the resource 1993 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/0e0caf08c9c4488e6aa7548ae78ec36b.pdf 1a430ba69da5f5e6fd6b48b1c9994a5e PDF Text Text 9' Approved with respsetr^Eo substance and form: Vi 1 lagia-^Jt&eor ney Dated: ^ " / ^ S Approve-d?by the Zoning Board ^ ,**-, W.. MAP Ctfairmaiy o r Actiricrychairiftan Dated: Filed with Village Clerk a. c- Qjrfeik o r Deputy C l e r k Dated: 5 / 6 ^ / 9 3 ^- *2/,/ff3 Datfe of Meeting �d£—y+-4l^££-0^_ NORTH ^ARRYTOWN, NEW YORK April 21st, 1993 REGULAR MEETING % A regular meeting of the Zoning Board of Appeals of the Village of North Tarrytown was held on Wednesday, April 2dst, 1993 in the Village Hall, North Tarrytown, New York. PRESENT: George Fitzpatrick Mary Galgaho John Morabito Frank Paoloritonio Michael Masias Juan Pujadas ABSENT: Costas•Boumis Mr. Fitzptarick stated that a Village Attorney was not present, and after speaking to tKe Mayor, it was decided to postpone the meeting until May 19th. Discussion followed regarding the election of a Chairman and it was decided to wait until the next Board meeting^ as some of the members terms would be expiring. Informal discussion followed regarding applications and necessary supporting documentation. The Board felt that a survey should accompany %he application, and all data should be shown.' Informal discussion followed regarding Mr. Pateman's request for a car wash, and the Rodrigues proposed project. MINUTES After a discussion,-Mr. Morabito moved, seconded by Mr. Paolantonio that the minutes of February 17th, 1993 be corrected as follows: "Paragraph (4)should read as follows: (4) The plans submitted by the applicant show an 8 foot wide driveway, where 10 foot is required. Tne drive at narrowest part actually measures 7 feet 2 inches, not 8 feer, as shown on drawings.*4 Carried. There being'no further busines s to come before the Board, Mrs. Galgano moved, seconded by Mr. Morabito that the same be duly adjourned. Carried. . : Kespectfully submitted, Irene Amato cting Clerk a- c-kJ£^-3j^-^^^^2^^^J^^tiM^i^M^^^^m^^^^AaM^^^ � 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-1993 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_1993-04-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-1993 Date A point or period of time associated with an event in the lifecycle of the resource 1993 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/843ccb323fa2537980e4315906bdb77b.pdf ee13007cb791acee65961b65c7bf9b9d PDF Text Text Approved wi to substance and form: Board Dated: irman 7/J?S/9^ Filed with Village Clerk CTerlc^or Deputy Clerk Dated: -/J^fV Date of Meeting/ ~ �NORTH TARRYTOWN, N.Y. MAY 19TH, 1993 REGULAR MEETING A regular meeting of the Zoning Board of Appeals of the Village of North Tarrytown was held on Wednesday, May 19th, 1993 in the Village Hall, North Tarrytown, New York. PRESENT: George Fitzpatrick Rhonda Mauhs John Morabito Michael Masias Mary Galgano ABSENT: Frank Paoloritonio Juan Pujadas ALSO PRESENT: Donal Walsh, Village Attorney James Margotta, Building Inspector Chairman Fitzpatrick called the meeting to order at 8:10 P.M. 1. Maximo San Juan, 28 Hudson Street-Status report of secondary means of egress. . Mr. San Juan stated that his Architect was working on the plans for the secondary means of egress. Chairman Fitzpatrick informed Mr. San Juan that he had sixty days to complete the planscfonithe.-project and return to the July meeting of the Board with a status report. Mr. San Juan agreed to return to the July meeting with a report. 2. Josephine Moore, 167 Beekman Avenue-Public Hearing-Install an above ground pool. ___ Clerk read the public hearing notice to hear and consider an application by Josephine Moore for a variance to permit the erection of an above ground swimming pool at 167 Beekman Avenue', (Section 15, Block 9, Lot 4 on the tax assessment map of the Village of North Tarrytown). There is a side yard setback on each side of the property of only 6.6 feet (a minimum of 10 feet is required). Ms. Moore presented the Affidavit of Service of notices to the Clerk. Mr. Walsh stated he had previously represented members of Ms. Moore's family and would not participate in the hearing. Ms. Moore stated she wished to install a pool at her residence in order for her daughter and herself to exercise, and her neighbors had no objections. The pool would be approximately 12 feet round and only 4 feet deep. �-2There being no further comments, Mr. Morabito moved, seconded by Mrs. Galgano that the hearing be closed. Carried. Discussion followed and Mr. Morabito moved, seconded by Mrs. Galgano, that the proposed action is a Type II action under SEQRA and will have mimimal adverse impact on the environment. Unanimously carried. Thereupon, Mr. Morabito moved, seconded by Dr, Masias that the variance be granted to permit the erection of an above ground swimming pool as requested. Unanimously carried. 3. James Boumis, 47 Lawrence Avenue-Certificate of Occupancy for three-family residence. Clerk read the public hearing notice to hear and consider an application by James Boumis for a determination that the premises at 47 Lawrence Avenue, North Tarrytown (Section 15, Block 13, Lot 29 on the tax assessment map of the Village of North Tarrytown) are a legal pre-existing three-family residence (the records of the Building Department indicate that the building is only a two-family residence). Mr. Boumis presented the Affidavit of Service of notices to the Clerk. Mr. Costas Boumis stated he was appearing for his father, the owner of 47 Lawrence Avenue. He stated he would like the village to update their records to reflect the premises at 47 Lawrence Avenue as a three family residence. Mr. Boumis presented documents from the N.Y.S. Dept. of Housing indicating the premises were a pre-existing threefamily residence. He stated the premises were inherited by his father from his uncles and had always been a three-family residence. There being no further comments, Mr. Morabito moved, seconded by Mrs. Galgano that the hearing be closed. Carried. Mr. Morabito moved, seconded by Dr. Masias that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. Unanimously carried, Mr. Morabito moved, seconded by Dr. Masias that the village records be corrected to reflect the premises at 47 Lawrence Avenue as a three family residence, and that the application be granted as requested. Carried. 4. Charles Pateman, corner North Broadway & Gordon AvenuePublic Hearing-Erection of Car Wash. ' Clerk read the public hearing notice to hear and consider an application by Charles Pateman for a variance to permit the construction of a car wash facility at the corner of North Broadway and Gordon Avenue (Section 17, Block 21, Lots 39-44 on the tax assessment map of the Village of North ^Kik4*^%T8Stea^#iK^i=JiSli'iES*^5i l*-sH*&M3**Vss&&s �-3Tarrytown). The applicant will be required to obtain a variance to permit the construction and operation of a gasoline service station within three hundred (300) feet of an existing gasoline service station or a museum. Richard Blancato, Attorney for Mr. Charles Pateman stated the application was for an interpretation of the code, as they felt a variance was not needed, and they herewith withdraw their application for a variance. He stated they felt a car wash is permitted under the ordinance. Mr. Fitzpatrick asked if there was anyone present who would like to address the Board on the matter. Mr. Hritz, representing Sleepy Hollow Manor Improvement Association stated the Association was against -the granting of a variance for a car wash and felt that an interpretation of the code was needed, but had not been notified prior to the meeting. A letter was sent to the JBbard from the Association voicing their objections to the use of the property as a car wash. They felt there would be traffic tieups in an area already very congested. Mr. Blancato stated that the use of the property is not an issue before the Board. Mr. Cappello read a statement signed by many neighbors of the area, opposing the car wash in an already dangerous intersection. Mr. Fitzpatrick stated the Board was interested only in a "use variance" or an "area variance". The traffic problem will have to be dealt with by the Planning Board. Mr. Eugene Buonanno, Gordon Avenue stated it would be a disaster to allow a car wash in the area, and ii: would be encroaching on a residential street. Mr. Carmen Capossela stated he has lived at the corner of Gordon Avenue and Rice Avenue since 1950 and the street is a traffic nightmare and the variance should be denied. Mr. John Meade, Gordon Avenue asked where the cars for the car wash would park as the street allows parking on one side only, and it is always congested. He also stated that Gordon Avenue does not line up with the intersection of Lawrence Avenue and creates a dangerous situation. Mr. Fitzpatrick stated that all comments should be addressed to the Planning Board when the matter comes before them. Discussion followed regarding interpretation of "service station" and "gasoline service station". Mr. Walsh stated that the Planning Consultants were making an in depth study of the matter and that the Planning taJ^^k^^±^^^ii^^£^^t^^^^*^'^^^^^^^^^^^^^^^ �-4- Consultants have stated the Board should not render a decision until they have all the pertinent information, including the environmental assessment forms. There being no further comments to come before the Board, Mrs. Galgano moved, seconded by Dr. Masias to close the public hearing. Unanimously carried. Mr. Blancato stated they would go before the Planning Board, but they would like an interpretation of the . Code as they do not want to waste time and money and be told a car wash would not be allowed* He stated he would submit a brief to the Board outlining the issue.. Mr. Fitzpatrick stated the Board would not render a decision until all th facts were presented to the Board. 5. Mr. & Mrs. Arlindo Ruivo, 39 Depeyster Street- Public Hearing-Subdivide and erect four-family residence. . Clerk read the public notice of hearing to hear and consider an appeal by Arlindo Ruivo of Lawrence Avenue, North Tarrytown, New York from a decision of the Building INspector in denying an application for a building permit to subdivide the premises located at the corner of North Washington Street and Depeyster Street (known as 151 North Washington Street) and to construct a four (4) family residence adjacent and immediately to the north of the existing residence. This proposal will violate Section 62-8 (b) of the Zoning Code in that the existing improvement will be set back 10.5 feet from the rear property line where the Zoning Code requires 25 feet set back. The premises are known as Section 16, Block 12, lot 2 on the tax assessment records of the Village of North Tarrytown. Mr. Fitzpatrick asked if there was anyone present who would like to address the Board. Mr. John Hughes, Jr., representing Mr. & Mrs. Ruivo stated that the property is in an R-5 Zone and they propose seven dwelling units in two buildings. The present building is set back 10.5 feet from the property line. In order to subdivide, a variance would be needed for the existing premises. The new building woulaconform to the code in all respects. On site parking will be proposed for approximately 8 cars. He stated that Mr. Riiivo had rehabilitated the existing premises and it enhances the neighborhood. He submitted approximately ten letters from neighbors who approve of the application. Mr. Hughes submitted Affidavit of Service of notices to the Clerk. Mr. Armando DiBiase stated that his family owns property at 23 Depeyster Street and 202 North Washington Street, which is across the street from the property in question. He stated his family objects to the granting of the variance due to the dangerous congestion in the neighborhood. He believes �-5that the request for reduction of setback is excessive and he opposes the granting of same. Mrs. Ann Wilson, representing 204 and .206 North Washington Street, stated they opposed the granting of the variance as it violates the Zoning Code. She stated it would block the space and air in an already congested area. She stated that the owner is a developer and only wants to make money. She stated that she believes a right to the light and air will be gone if this construction is allowed. Mr. Fitzpatrick stated that the Board has received several letters from neighbors who do not oppose the construction. Discussion:-!followed regarding the type of construction and Mr. Margotta stated that the A.R.B. would make them conform to the type of construction in the area. There! being no further comments Mr. Morabito moved, seconded by Mrs. Galgano that the hearing be closed. Carried. Discussion followed and Dr. Masias stated that he felt the project would have an adverse effect on the neighborhood and felt that the hardship was self-created. Mr. Fitzpatrick stated there was insufficient detail on the drawings and he would like elevations on the drawings. Dr. Masias moved, seconded by Mrs. Galgano that the application be denied. Unanimously carried. Minutes Mr. Morabito moved, seconded by Dr. Masias that "tine minutes of the meeting held on February 17th, 1993 be approved as submitted. Carried. Mr. Morabito moved, seconded by Dr. Masias that the minutes of the meeting held on March 23rd, 1993 be approved as submitted. Carried. Mr. Morabito moved, seconded by Dr. Masias that the minutes of the meeting held on April 21st, 1993 be approved as submitted. Carried. After a discussion it was determined that an applicant must request a postponement in person and the Board would then determine how long the postponement would be. There being no. further business to come before the Board Mr. Morabito moved, seconded by Dr. Masias that the same be duly adjourned. Carried. � 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-1993 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_1993-05-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-1993 Date A point or period of time associated with an event in the lifecycle of the resource 1993 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/dfb8822832f25d295b633e2e6065eb77.pdf 0d333ff3db2dd7bf363d16a8b4e96205 PDF Text Text r t o substance and form: Appr Village Attorney Dated: -n Us \^l~> Approved by the Zoning Board Chairman or Actinj^Cha irman Dated: ^y/yy) Filed with Village Clerk Gie^k—or Dated: 7 J un^- t y Clerk /C ft 93 D a t e of Meeting ~ �REGULAR MEETING ^ cjr 0 s*\* NORTH TARRYTOWN, N.Y. JUNE 16th, 1993 A regular meeting of the Zoning Board of Appeals of the Village of North Tarrytown was held on Wednesday, June 16th, 1993 in the Village Hall, North Tarrytown, New York. PRESENT: George Fitzpatrick, Chairman Rhonda Mauhs Frank Paolontonio Michael Masias Juan Pujadas Mary Galgano ABSENT: John Morabito ALSO PRESENT: Donal Walsh, Attorney James Margotta, Building Inspector Chairman Fitzpatrick called the meeting to order at 8:00 P.M. 1. Ann Deeiy, 50 Hudson Street-Convert; to two-family residence. Public Hearing. > Clerk read tine public notice to hear and consider an appeal by Ann M. Deeiy from a decision of the Building Inspector dated April 19, 1993 which denied a building permit to convert 50 Hudson Street to a two-family residence on the following grounds: Section 62-10 B 9L) prohibits any residential use in an industrial district. The proposed conversion would be such a residential use in an industrial district. The premises are known as Section 16, Block 3, Lot 10 on the tax assessment records of the Village of North Tarrytown. Mr. Paolontonio moved, seconded by Mrs. Galgano that the Public Hearing be opened for comments. Mrs. Catherine Fusillo representing her mother, Ann M. Deeiy who is ninety-two years of age and unable to attend, presented Affidavit of Service to the Clerk. She stated that her mother who lives at 50 Hudson Street is unable to care for herself and needs full-time care. The house is much too big and she needs to. stay on the first floor. She does not want to go to afitifsji^'-home but intends to spend her remaining years in a home she has lived in for seventyeight years." She stated that the house was used as a boarding house many years ago for immigrants who came from Ireland. She wants to convert to two-family in order to obtain an income to provide for nursing care. She also stated that many of the properties in the area are two and three family houses. Mr. Margotta stated she would not be changing the �-2outside appearance of the building, but would be adding a kitchen and a bathroom and there is adequate parking. He also stated that every lot on the street is one, two and three family dwellings, and the area is more residential than industrial. It was his opinion that the Zoning for the area should be changed to residential. Mrs. Genevieve Adamovic, 42 Hudson Street stated she is a neighbor of Mrs. Deely's and did not oppose her converting the house to two family. There being no further comments Mr. Paolontonio moved, seconded by Mrs. Galgano that the hearing be closed. Carried. Discussion followed regarding the re-Zoning of the area Mr. Paolontonio stated he has lived in the area for many years and the houses were built before the Zoning was changed to "Industrial" and he feels the residents should not be punished and they were looking for relief from the "Industrial" Zoning. Dr. Masias stated that nbone spoke against the granting of the variance therefore he is in favor of the granting of same. Mr. Paolontonio moved, seconded by Dr. Masias that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. Unanimously Carried. Mr. Paolontonio moved, seconded by Mrs. Galgano that the variance be granted allowing Ann Dee ly to convert from a one-family residence to a two-family residence as requested. Carried. Mr. Pujadas abstained from voting. 2. Peter Gasperini, 147 Valley Street-Addition-ExpansionPublic Hearing. Mr. Barstow, Architect for Mr. Gasperini stated they were withdrawing their application in order to modify and redraw their plans. 3. Miguel Jimenez, 66 Beekman Avenue-Fish and fresh fruit market business- Public Hearing. Clerk read the public notice to hear and consider an appeal by Miguel Jiminez from a decision of the Building Inspector dated May 17, 1993 which denied a request to conduct a fish and fresh fruit market business at 66 Beekman Avenue, �-3North Tarrytown on the following grounds: Section 62-20.1 states that no food service establishment shall be within two hundred feet in a straight line from any lot or parcel that is used for another restaurant, food service establishment, delicatessen, tavern or bar. Sixty-six Beekman Avenue is within two hundred-', feet of an existing delicatessen, and an ice cream parlor, and a pizza shop and a restaurant. The premises are known as Section 16, Block 6, Lot 6 on the tax assessment records of the Village of North Tarrytown. Mr. Paolontonio moved, seconded by Dr. Masias that the Public Hearing be opened. Carried. Mr. Jimenez stated that there is no fish market o^fresh fruits and vegetable store in the Villag e of North Tarrytown. He presented Affidavit of Service to the Clerk. Mr. Donald Gaetano, Lawrence Avenue asked if Mr. Jimenez v/ould be selling cooked fish and cooked fish to take out. There being no other comments Mr. Ilci'miiQiLa moved, seconded by Mr. Paolontonio that the hearing be closed. Carried. Discussion followed regarding the type of establishment and the interpretation of the code regarding the type of establishments allowed in the area. Dr. Masias stated he would be in favor'- only if no soda or any other items were sold. Mr. Pujadas stated no one appeared to speak against the granting of the variance. Mr. Paolontonio stated that the code wssimeant to regulate the number of bars and taverns in the village not different types of stores. , Mrs^^Gai:.ganorjnoyeiii^--secoDdBdj-bg.Mx^3Mnnrnijrr that-j .... taejproposed action is'.a Type II action .under SEQRA and will have minimal adverse impact on the environment. Unanimously carried. Mrs. Galgano moved, seconded by Mr. Paolontonio that the application for fish market and fresh fruit and vegetable store be granted as requested with the provision that no other items be sold. Unanimously carried. 4. Dominick Gagliardi, 203 North Washington Street-Car detailing business-PUBLIC Hearing. . Clerk read the public notice to hear and consider an ,*J^i-&s---^'-z^^£^-J^&^.-?-ii!.fZijXta 'M^^^i^i^Mb^m^Mi^&i^i^^^6^^^'' �-4appeal by Dominick Gagliardi from a decision of the Building Inspector which order a discontinuance of an illegal use on the following grounds: Schedule of Uses, Part II permits car detailing in a C-l automotive district. Same is not a permitted use in an R-5 (multi-family residential) district. The car detailing business was being conducted at 203 North Washington Street in a residential district. A stop-work order was issued on May 7, 1993. The premises are known as Section, Block 12, Lot 1 on the tax assessment records of the Village of North Tarrytown. Mr. Paolontonio moved, seconded by Dr. Masias that the public hearing be opened. Carried. Mr. John Hughes appearing for Mr. Gagliari gave notice of service to the clerk. Mr. Hughes stated that the premises are a threefamily residence with a three-car garage in the rear of the property, with a driveway that enters from North Washington 1 Street. Mr. Hughes stated that Mr. Gagliardi s son has been unemployed for quite sometime and has a wife and child to support. He has a skill in detailing automobiles spedifically cleaning and waxing automobiles. He has used that skill to aid in supporting his family. The sign that neighbors objected to has been removed, he will not be washing cars and would like permission on a temporary basis to clean, wax and detail cars on a one at a time basis. He is requesting permission for one month to operate in the way he has outlined. He would come back in one month and listen to objections. He stated Mr. Gagliardi is only trying to make a living and he needs to operate out of his house. Mr. Fitzpatrick asked if there was anyone present who would like to address the Board. Mr. Fitzpatrick stated the letter from Ann & Peter Royston, 204 who object to granting permission to residential area. (Copy in official Board had received a North Washington Street operate a business in a minutes). Mr. David Chillemi, Depeyster Street stated that he is sympathic to Mr. Gagliari but states it is unrealistic to say that he could make a living detailing one car a day. He stated that a three family residence will be constructed on the lot next to the Gagliari property and this too will increase the amount of traffic and congestion in the area, and was opposed to the granting of a variance to conduct a business in a residential area. �-5Mr. Michael Gagliardi stated that he works many hours a day and if there is any noisy work he does it in the morning and he keeps the garage door closed. Mr. Armando Galella, 40 Depeyster Street stated * this type of work cannot be done in the winter months as the garage is not heated so it will be a seasonal operation. He stated he was not against the granting of a variance. Mr. Hughes stated that Mr. Gagliardi do es/^ in tend to make it a big time operation, and if the economy picks up he will return to carpentry. Mr. Peter Royson stated that if the board grants permission it would be setting a precedent and will decrease the value of the houses in the neighborhood. He stated that the business has been carried on for several months and it is noisy and they have difficultygetting their children to sleep. Mrs. Royson stated there are many cars parked in the yard and cars are coming in and out of the driveway creating a dangerous situation. She also stated there are fumes and paint odors coming from the area. Mr. Dominick Gagliardi stated that the painting odors were from the outside of the garage being painted. Mr. Vincent Gagliardi stated he is part owner of the property and he visits his mother everyday and there are cars from the persons living in the house. He stated his nephew takes cars by appointment and would like the Board to consider their request for temporary permission. Mr. Chillemi stated there are no other businesses in the area and did not feel permission should be granted. Mrs. DiBiase who lives across the street stated she was against the granting of a variance as there is too much traffic in the area and it creates too much noise. There being no further comments Mr. Paolontonio moved, seconded by Dr. Masias that the hearing be closed. Carried. Mr. Margotta stated that Mr. Gagliardi has .been doind work for the past few months until neighbors complained whereupon Mr. Margotta issued a stop order. He stated that according to the Code a Doctor or professional would be allowed to operate a business in the area. Mrs. Galgano stated that if the variance was granted an unfortunate precedent would be set. �-6Discussion followed regarding what impact the continuance of the business would have on the environment and Attorney Walsh informed the Board they could ask the ! applicant to complete a "Lon§ form" environmental impact statement for the Board to review. Dr. Masias moved, seconded by Mr. Paolontonio to grant a stay of one month to obtain more information and in order for the applicant to provide to the Board a Lontj Form Environmental Impact Statement. :.i. vl. Chairman Fitzpatrick polled the Board as follows Mrs. Mauhs Yes Mr. Paolontonio Yes Dr. Masias Yes Mr. Pujadas No Mrs. Galgano No Chairman Fitzpatrick Yes. Motion Carried. Chairman Fitzpatrick directed the applicant to provide further information for the Board to consider and to return to the next meeting of the Board. He also directed the persons objecting to come to the next meeting with facts and proof of the number of cars coming and going. 5. C. Pateman, T. Lupetin, F; Racanelli, North Broadway, Car Wash- Public . Hearing Clerk read the notice to hear and consider an appeal by Charles Pateman, Thomas Lupetin and Frank Racanelli from a decision of the Building Inspector which denied a building permit for a car wash on the following grounds: The Building Inspector has interpreted a car wash to be a gasoline service station pursuant to Section 62-19 of the Village Zoning Ordinance. Such gasoline stations are prohibited from being within 300' of an existing gasoline service station. An appeal of that interpretation of said Section 62-19 is sought to establish that a car wash is not a gasoline service station. The premises are known as (Section 17 Block 21 Lot 3g. and 44) on the tax assessment records of the Village of North Tarrytown. Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. Mr. Richard Blancato, Attorney for the applicant stated they had previously appeared before"the Board for, an interpretation of the Code but due to the deficiency of the notice the notice was republished. They are seeking £bft an interpretation that a car wash is not a gasoline service station. They feel very strongly that the ordinance is clear t - ms£H\,-~±z-** : ^t^^&St^ikrjM^-£dJ^^iiis&^ii^i:^di^Sii>rii-Js^i^'"' IgidAti&S&aAaSS&isSi �-7that this is not a gasoline service station. They will not be selling gasoline or other fuel and lubricating substances. He has researched the matter and can find noi case where a car wash has ever been interpreted as a gasoline service station. He stated that this is not a variance application but an application for an interpretation of the code. This is simply a car wash and the code allows a car wash in a Highway Commercial Zone. Eugene Buonanno, Gordon Avenue asked if washing cars doesnt constitute a service station. Mr. Walsh stated that in his opinion a car wash is not a gasoline service station. He stated that the applicant must go through the process of site plan review and environmental review. Mr. Blancato stated that the applicant would appear before the Planning Board and present the various documents requested for site plan reviewT at the next meeting of the Board. There being no further comments Mrs. Galgano moved, seconded by Mr. Pujadas that the hearing be closed. Carried. Mr. Fitzpatrick explained to members of the Board that the applicant returned for an interpretation of the Code regarding "Car Wash" as opposed to "Gasoline Service Station" and the Attorney for the applicant could find no record of any previous cases. He stated that it was the opinion of the Village Attorney that a "Car Wash" is not a "Gasoline Service Station". Mr. Paolontonio moved, seconded by Mr. Pujadas that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. Carried. Mr. Paolontonio moved, seconded by Mrs. Galgano that upon evidence presented by the Village Attorney it was determined that a car wash is not a gasoline service:^station. Mr. Fitzpatrick polled the Board as follows: No Yes Yes No Yes Yes. Chairman Fitzpatrick declared the motion carried. Mrs. Mauhs Mr. Paolontonio Mr. Pujadas Dr. Masias Mrs. Galgano Mr. Fitzpatrick �-8Minutes Mrs. Galgano moved, seconded by Dr. Masias that the minutes of the meeting of May.19th, 1993 be approved as submitted. Carried. Mr. Pujadas and Mr. Paolontonio abstained. Chairman Fitzpatrick stated that a new chairman had to be elected. Mr. Paolontonio moved, seconded by Mrs. Galgano that Mr. Fitzpatrick be elected Chairman of the Board. Carried. Executive Session Mr. Paolontonio stated that in the past two memos were sent to the Board of Trustees regarding the ReZoning of Hudson Street. Mr. Walsh stated 'lie would confer with Trustee Jeffers regarding the matter. Discussion followed regarding plans for future use of the General Motors property. Mr. Walsh was instructed to confer with Trustee Jeffers regarding the rear yard ordinance in the two Manors. There being no further business to come before the Board Mrs. Galgano moved, second by Dr. Masias that the same be duly adjourned. Carried. Respectfully submitted, � 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-1993 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_1993-06-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-1993 Date A point or period of time associated with an event in the lifecycle of the resource 1993 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/8912aa35e1d90aed5f51ef6443e70d59.pdf e5fa577e944aff433fb7aa10544b4bec PDF Text Text Appro1 respect to substance and form: Village Attorney Dated: W/tf/?3 Approved b^ the Zoning Board Chairman Dated: Filed with Village Clerk C-terk—er Deputy Clerk Dated: F / / ? / ^ / a/ D a t e £>£ M e e t i n g 17 23 ' �REGULAR MEETING NORTH TARRYTOWN, N.Y. JULY 21st, 1993 A regular meeting of the Zoning Board of Appeals of the Village of North Tarrytown was held on Wednesday,.JJuiy 21st, 1993 in the Village Hall, North Tarrytown, New York. PRESENT: George Fitzpatrick, Chairman Rhonda Mauhs Frank Paolontonio John Morabito Michael Masias Juan Pujadas Mary Galgano ALSO PRESENT: Donal Walsh, Attorney James Margotta, Building Inspector Chairman Fitzpatrick called the meeting to order at 8:10 P.M. 1. George DoPico, 30 Evergreen Way-Overhang at front entrance. Clerk read the notice to hear and consider an appeal by George DoPico from a deciaion of the Building Inspector which denied a building permit for an overhang at the front entrance at 30 Evergreen Way on the following grounds: Schedule of Regulations, Part I, requires thirty (30') foot front yard; the overhang as designed provides for a front yard of 26.7 feet. Mr. DoPico presented Affidavit of Service to Clerk. Mr. DoPico stated that in building the house and preserving a tree it was necessary to have the overhang at the front entrance slightly extend over the required front yard requirements. This overhang was recommended by the Architectural Review Board. He stated they have complied with the wishes of the A.R.B. and the Sleepy Hollow Manor Improvement Association and requests that the Board grant their variance for the overhang. Mr. Walsh stated that the house was in agreement with the Zoning requirements but the ARB advised him to add the overhang. Discussion followed regarding the issuance of a building permit^if Mr. DoPico had refused to add the overhang. Mr. Margotta stated he would have refused to issue a permit. Mr. Fitzpatrick asked if there was anyone present who would like to address the Board. �Mr. Paoloritonio moved, seconded by Mr. Morabito that the Public Hearing be closed. Carried. After a discussion, Mr. Paolontonio moved, seconded by. Mr. Morabito that the proposed action is a Type II action under SEQRA and will have minimal adverse effect on the environment. Carried. Mr. Paoloritonio moved, seconded by Mr. Morabito that based on the findings of the Architectural Review Board requesting the erection of the overhang, the variance be granted as requested. Carried. 2. John Maurer, 23 Amos Street-Roof over porch stoop. Clerk read the public notice to hear and consider an appeal by John Maurer from a decision of the Building Inspector which denied a building permit for construction of a roof over a porch stoop on the following grounds: The construction plans for 23 Amos Street require a roof over the front stoop. The setback requirements are 20 feet. With the roof over the porch, the setback will be 14 feet. This is a violation of the setback requirements of the R-3 Zone. Chairman Fitzpatrick asked if there was anyone present who would like to address the Board on the matter. Mrs. John Maurer stated that Mr. Pateman had sent out the notices, but at present she does not have the affidavit of service. Discussion followed and the Chairman stated that the neighbors present had received their notices and the Public Hearing would be held, subject to the return of cards signed by the neighbors. Mr. Walsh stated he represented the Maurer's prior to being appointed Village Attorney and he would not participate in the Hearing. Mrs. Maurer stated that the Architectural Review Board recommended the construction of the roof over the stoop so the house would not be a look alike house. She stated the porch has been constructed and did not require a variance, but permission for the roof depends on the approval of the Zoning Board since a variance is necessary. Daniel Goin, the purchaser of 19 Amos Street stated he does not live in the house at the present time, but would like to state he was in favor of granting the variance. Mrs. Lucille Ceconi, Amos Street stated the residents of the area were critical of the Zoning Board and Architectural Review Board for mandating alterations that required variances which she believed allowed builders to reap profits and allowing �-3two identical houses to be built next to each•other. (Copy of statement^in official minutes). Mr. Gabriel P. Hayes stated he had written a letter and he had no objection to the granting of the variance. (Copy of letter in official minutes). Elizabeth Goin residing at 19 Amos Street stated she felt the roof over the porch would enhance the property and stated she had no objection to the granting of the variance. There being no further comments Mr. Morabito moved, seconded by Mr. Paolontonio that the public hearing be closed. Carried. After a discussion, Mr. Morabito moved, seconded by Mr. Paolontonio that the proposed action is a Type II action under SEQRA and will have minimal adverse effect on the environment. Carried. Mr. Morabito moved, seconded by Mrs. Galgano that based on the findings of the Architectural Review Board requesting the erection of a roof over the stoop, the variance is granted as requested. Carried. 3. Marcello Viscogliosi, 176-178 North Washington StreetSub-division of premises. The Clerk read the notice to hear and consider an application by Marcello Viscogliosi for variances to permit the sub-division of premises at 176-178 North Washington Street (Section 16, Block 15, Lot 6A on the tax assessment map of the Village of North Tarrytown). The applicant will be required to obtain the following variances: (1) For the premises known as 178 North Washington Street: (a) the lot has a front yard setback of only 0.5 feet (a front yard setback of at least 20 feet.is required); (b) one side yard has a setback of only 0.03 feet and the combined side yard setbacks are only 5.3 feet (one side yard must have a setback of at least 5 feet; and the two side yards must have combined setbacks of at least 15 feet); (c) the lot has a rear yard setback of onty 0.6 feet (a rear yard setback 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 buildings on the lot cover 30.68% of the lot (a maximum coverage of 30% is permitted). �-4(2) For the premises known as 176 North Washington Street: (a) the lot has a rear yard setback of only 10.0 feet (a rear yard setback of at least 25 feet is required); (b) one side yard has a setback of only 3.2 feet and the combined side yard setbacks are only 8.2 feet (one side yard must have a setback of at least 5.0 feet and the two side yards must have combined setbacks of at least 15 feet); and (c) the lot contains only 2,725 square feet (the minimum lot size is 4,000 square feet). Mr. Hughes, Attorney for the applicant, presented Affidavit of Service to the Clerk. Mr. Hughes stated there would be no change in the use of the property, both are established residences, one a one-family dwelling and the other a four-family dwelling, both legal. He stated he had distributed a memo of law for the Board to review. He stated the buildings have been there many years and similiar requests have been granted in other villages. Mr. Paolontonio stated that the property at present is non-conforming and will be non-conforming if the variances are granted. Mr. Walsh stated he had presented a memo to the Board regarding the property and the need for "necessary" sub-division. The Board cannot legally deny the sub-division, as two buildings on one lot was permitted many years ago, but are no longer permitted by the Code. (Copy of memo in official minutes). Mrs. Galgano questioned the proposed property lines for each house. Mr. Pujadas questioned the access to each house as shown on the proposed plan. Mr. Hughes stated they will be appearing before the Planning Board for their recommendations as to property lines, and said there will be no change in use and no new construction. Discussion followed regarding easements to be granted, common driveway, chain link fence now separating tzhe two chouses and proposed lot lines. Mr. Fitzpatrick asked if there was anyone present who would like to address the Board. Mrs. Mary Petcof/ owner of property at the corner of College Avenue and Washington Street, which adjoins the said �property, stated she was against the sub-division as the lot sizes are too small. Mr. Marcello Viscogliosi stated he owns the property with his sisters and there will be no impact on the neighbors. He stated that the proposed lines are suggested lines and he will confer with the Building Inspector .for the best placement of the lot lines before meeting with the Planning Board. Mr. Morabito moved, seconded by Mrs. Mauhs that the proposed action is a Type II action under SEQRA and will have minimal adverse effect on the environment. Carried. Mr. Morabito moved, seconded by Mrs. Galgano that the sub-division be granted and suggested that the property line begin on Washington Street to the northwest corner of tlje house and cut across the lot according to the plan as submitted, and that a permanent easement be granted to the new lot owner. Chairman Fitzpatrick polled the Board as follows: Mrs. Mauhs Yes Y s Mr. Morabito -^ Dr. Masias No Mr. Paolontonio Abstain Mr. Pujadas Abstain Mrs. Galgano Yes Mr. Fitzpatrick Yes Chairman Fitzpatrick declared the motion carried. 4. Emma Serina, 9 Lawrence Avenue-Construction 2-story Building. Mr. Robert Barstow, Architect for the project presented Affidavit of Service to the Clerk. The Clerk read the notice to hear and consider an appeal from a decision of the Building Inspector which denied a building permit for construction of a two-story mixed use building at 9 Lawrence Avenue on the following twelve (12) grounds: 1. Parking spaces 1 and 2 are undersized. Sec. 62-4 requires a parking space to be 9^-0 wide and twenty (20) feet deep. The , spaces are 9'-0 wide and 1&'-0 feetr deepb-/" \ 2. There are no handicap spaces shown. Section 4.1.1 (5a) and the ADA requires one handicap parking space. 3. Section 62-14.B(2) R-District. The required off-street parking space for more than two (2) vehicles may not be located in a required front yard. �-6••I 4. Section 62-22A states that for commercial use, "Entrance and exist driveways shall be not less than fifteen (15*-0) feet nor more than twenty-five feet (25'-0) in width. The plan shows the entrance driveway to be forty-three feet (43'-0) wide. 5. Section 62-022.B states entrance and exist driveways shall be located not less than fifteen (15) feet from a side or lot line. The entrance driveway does not meet this requirement and should be located not closer than 15 feet from the line. 6. Section 62.4.C, "No access drive or driveway in any R-District shall be used to drive access to uses other than those permitted in such R-Districts. The uses of this building will be other than as provided in the District. 7. Section 62.14.D requires a fence or hedge as provided in Sec. 62-9C. No fence or hedge is provided. 8. Schedule of Regulations, Part I, requires a minimum of 4,000 square feet; however actual lot size is 2207 square feet according to the plans. 9. The front yard requires a 25'-0 setback. The actual is lS'-O. 10. One side yard setback is required to be 10 feet. as showsn is .1 feet. The actual 11. The rear yard setback is required to be 25 feet. as shown is 2.5 feet. The actual 12. Use is shown to be both residential and commercial. residential use is permitted in this zone. Only a The premises are known as (Section 15 Block 13 Lot 16A on the tax assessment records of the Village of North Tarrytown. Mr. Barstow stated that the property has been a garage for the last 40-50 years. It was a Sheet Metal Shop, a Carpentry Shop and a garage for storage. The Serina's would like to take advantage of the lot, by tearing down the unsightly garage and replacing it with a two story building, with an office on the first floor and an apartment on the second floor. He stated that the Clark Associates have reviewed the project and there is no adverse effect.on the environment. They respectfully request that the necessary variances be granted. Mr. Fitzpatrick asked if there was anyone present who would like to address the Board. Mrs. Kay Caetano, 27 Lawrence Avenue and owner-of property at 40 and 43 Lawrence Avenue stated the area was zoned residential and the lot now contains four and five taxis and a limb, which sometime park over the sidewalk. She stated it would not be an improvement to Lawrence Avenue and she was against the granting of the variances. .v^A*iAiS«^-*S**»a*&! ss**^*-****-'- ilafa^ia&as*^^" 3 �-7Mr. Steve Serina, Lawrence Avenue stated that the removal of the old garage and the construction of the new building would enhance the area. The present garage is visible to Beekman Avenue and is unsightly. He stated that the property has been owned by his wife's family for many years. Mrs. Galgano stated that the proposed construction would be on the property line and questioned if the zoning would permit this in a residential zone. Mr. Barstow stated that the building was so situated in order to use the rear of the property for additional parking. Mrs. Galgano stated that if the building was postioned differently there would be ample space to provide shubbery and landscaping and it would not look like a parking lot. Discussion.followed on-.the various variances required to allow the building to be constructed adjacent to the Serina property. Mrs. Galgano stated that the present garage looks terrible and it is unappealing to the residents of Lawrence Avenue. She also stated that the present plan is unacceptable to her and would like to see something more creative. There being no further comments Mr. Morabito moved, seconded by Mr. Paolontonio to close the public hearing. Carried. Mr. Fitzpatrick stated the Board should review the plans Mr. Rodriguez has for the adjoining property on the corner. Mr. Serina stated that they want to upgrade the area. Sometime agq they removed an unsightly garage next to the apartment house adjacent to the property in question. This was done to provide additional parking for the property. The property was for many years zoned commercial and sometime ago it was rezoned residential. Discussion followed regarding parking of taxis in the area and the revising of the plans. Mrs. Serina stated she did riot know that Mr. Rodriguez was going to build his building to the property line and would consider revising the plans. Mr. Morabito stated he was concerned that the parking of so many taxis would interfere with the firehouse which is nearby. Mr. Paolontonio stated that the residents of the area were against making the area commercial and allowing a taxi business in the area. ^^<*&3t&&i&£i£z<e.A �-8Discussion followed and the Serinas . stated they would like to withdraw their application. ., Mr. Walsh stated they would be going before the Planning Board and the Planning Board would recommend some changes. 5. Arlindo Ruivo, 151 No. Washington Street-Three Family Residence. Mr. John Hughes, Attorney presented Affidavit of Service to the Clerk. Clerk read the Public Notice to hear and consider an appeal by Arlindo Ruivo of Lawrence Avenue, North Tarrytown, New York from a decision of the Building Inspector in denying an application for a building permit to subdivide the premises located at the corner of North Washington Street and Bepeyster Street (known as 151 North Washington Street) and to construct a three (3) family residence adjacent and immediately to the north of the existing residence. This proposal will violate Section 62-8(b) of the Zoning Code in that the existing improvement will be set back 20 feet from the rear property line where the Zoning Code requires 25 feet set back. Mr. Hughes stated that Mr. Ruivo had renovated the residence now existing on the large parcel and was interested in subdividing and constructing a three family residence. He would provide twelve off-street parking spaces and the~propGsed construction would meet all requirements of the Zoning Code. He previousl submitted a dozen letters from area residents who did not object to the construction of the building. The new plans were substantially modified from those previously submitted. Mr. Walsh stated that Mr. Ruivo was allowed to construct a three family residence and can meet the requirements of the various codes. Mr. Sam Viera, Architect for Mr. Ruivo outlined the project and stated it would be in keeping with the area. Changes have been made in the plans in order to meet the needs of the neighborhood. He also stated that six parking spaces would be provided for the existing residence, where now there are none. Mr. Armando DeBiase, neighbor directly across the street from the proposed project stated the construction would be an improvement to the area and the plans as changed are acceptable. Mr. Viera stated that the Planning Board had made several suggestions regarding the parking and the planting of shrubs and trees and their requests have been taken into consideration in the new plans as submitted to the Board. �-9There being no further comments, Mrs.Mauhs moved, seconded by Mr, Morabito that the public hearing be closed. Carried. Mr. Morabito moved, seconded by Mr. Paolontonio that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. Carried. Mr. Morabito moved, seconded by Mr. Paoloiitonio that the sub-division be granted as requested in the application. Carried. 6. Dominick Gagliardi, 203 No. Washington Street-Car Detailing Business-Continued. Mr. Hughes reported on the status of the problem. He stated that Mr. Michael Gagliardi has been unemployed for sometime and was trying to earn some money in order to support his family. He has filed a long form environmental study with the Board. During the past month Michael has only waxed and detailed five cars at a rate of $80.00 per car. It is not a booming business and Michael expects to go back to carpentry as soon as the economy picks up. He realizes it is a residential area but doing one car at a time shouldn't bother anyone. His immediate neighbors do not object and Mr. Hughes felt that Michael should be allowed to continue this small enterpirse. Mr. Peter Rayson, across the street from the site stated a huge sign had been put up advertising his business in a residential zone. The sign has since been taken down but he still objects to business in a resdential zone. Mr. Armando Volpacchio, Cedar Street stated his sister's family lives across the street from the garage and they are very upset and feel threatened by the situation. Mr. Armando DeBiase owner of two parcels across from the garage objects to the use of the property as business in a residential area. There being no further comments Mr. Morabito moved, seconded by Dr. Masias to close the Public Hearing. Carried. Discussion followed regarding a letter Mr. Royson sent to Mayor Treacy regarding comments about the Zoning Board and the garage operated by Mr. Gagliari. Mr. Fitzpatrick stated that automotive use is restricted to the Route 9 corridor. He stated you can't use a garage in a residential area to do automotive work. Mr. Gagliardi stated he would only be waxing and compounding cars and cleaning the insides of them and felt this would not be detrimental to the neighborhood. Mr. Walsh stated he had given his opinion in a �-10memo to the Board dated July 21st, 1993. (Copy in official minutes). Mrs. Galgano moved, seconded by Mrs. Mauhs that the proposed action is a Type II action under SEQRA and will have an adverse impact on the environment based on the material heard and submitted to the Board. Mr. Fitzpatrick polled the Board as follows: "-:.-• Mrs . Mauhs Mr. Morabito '?..?. Mr. Paolontonio Dr. Masias Mr. Puj adas Mrs . Galgano Mr. Fitzpatrick yes no no no yes yes yes Mr. Fitzpatrick declared the motion carried. After a discussion, Mr. Morabito moved, seconded by Mr. Paolontonio that the the car detailing be approved for the period of one year, that the number of cars to be waxed, interior cleaned and detailed be limited to one car at a time, up to five cars per day, and that Mr. Gagliardi return to the Board for an extension at the end of one year Mr. Fitzpatrick polled the Board as follows: Mrs. Mauhs No Mr. Morabito Yes Mr. Paolontonio Yes Dr. Masias Yes Mr. Puj adas No Mrs. Galgano No Mr. Mr. Fitzpatrick Fitzpatrick declaredNo the motion not carried MINUTES Mr. Pujadas moved, seconded by Mrs. Galgano that the minutes of the meeting held on June 16th, 1993 be accepted as submitted with minor changes. Carried. EXECUTIVE SESSION Discussion followed regarding the status of the San Juan property on Hudson Street and the Building Inspector was directed to send a letter asking Mr. San Juan to come to the next meeting "so that a decision could be rendered.. There being no further business to come before the meeting, Mrs. Galgano moved, seconded by Dr. Masias that the same be duly adjourned. Carried. tspectfully -submitted le Amato, Acting Clerk �I want this in the record verbatim - added to the minutes. First and foremost this is not a disagreement among neighbors. We have gotten to know our new neighbors and enjoy their company. . -Our fight and why we are here tonight is with the Village which has made mistake after mistake and has compounded the problems of our neighborhood. The record shows that we have opposed the carve up of the land into small size lots now causing added problems. We welcome the fact that Mr. Mauer's porch will enhance his house by making it different from the rest of his neighbors. We are critical of the Architectual Review Board for not being insistent on this matter with the builder to begin with. We are angry at the Planning Board for meeting minimal standards of lot size which now warrant a variance. The problem is the Village. The Village has created additional problems but enabled the builder to reap the profits off of the buyers and the neighborhood and the Village. Again we do not oppose Mr. Mauer beautifying his new home. We welcome his family into the neighborhood but we register for the record our anger at the Village for having everyone go through this tedious, time consuming and expensive process. The Village had the duty to enforce zoning regulations and failed to by allowing 2 identical * houses to be built next to each other. Now you have the duty to enforce the zoning regulations and the zoning regulations prohibit the building of this porch. read by Lucille D. Ceconi � 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-1993 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_1993-07-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-1993 Date A point or period of time associated with an event in the lifecycle of the resource 1993 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/708fc23417d080ff81de7d63e528827f.pdf 3eabace57f0b1f6e077d61ced179cab7 PDF Text Text • Approved with respect to substance and form: Village Attorney ge Attpr Dated: /?M*/j£"V >y the Zoning, Board Chairman Dated: Filed with Village Clerk Clerk or ,Deputy Clerk Dated: 7y£?P7f S • Date or Meeting ' �• A regular meeting was held by the Zoning Board of Appeals on August 18, 1993 at 8:00 PM in Village Hall, 28 Beekman Avenue, North Tarrytown, New York 10591 Members Present: Absent: Also Present: George Fitzpatrick Frank Paolontonio Dr. Michael Masias Mary Galgano Rhonda Mauhs (Late Arrival) John Morabito Juan Pujadas James Margotta, Building Inpector Donal Walsh, Jr., Village Attorney IN THE MATTER OF MR & MRS R. DAVID, 14 0 WEBBER AVENUE, NORTH TARRYTOWN, NEW YORK Mr. Bob Barstow who is representing Mr. & Mrs. David submitted proof of receipts to the clerk. The exterior design for the installation of the covered porch was approved by the Architectural Review Board three months ago. Mr. Barstow noted he has not received any letters of complaints. Mr. Paolantonio made a motion to close the Public Hearing, seconded by Mrs. Galgano. Motion carried unanimously. DISCUSSION Mr. Paolantonio asked if at the time the plan were submitted did the ARB recommend the covered porch? It was noted no approval of the plans were made without the porch. Mr. Margotta stated that if the Zoning Board were to deny the variance the ARB would have to withdraw their recommendation. Mr. Margotta stated that the Zoning Board denies the variance a building permit cannot be issued. Mr. Fitzpatrick asked if the plans were reviewed before the Building Permit is issued. Mr. Margotta said yes. The ARB does look at the plans, makes changes or recommendations. Mr. Paolantonio asked if the client agrees with the addition as proposed by the ARB. Mr. Barstow stated that the porch was a part of the original design. The client asked for a porch that would comply with this law but, this could not be done, therefore, a variance is needed. Mrs. Galgano stated that it concerns her just where the idea was originated: with the ARB or with the architect. The width of the house is 38 feet. additional 20 ft. The porch is approximately an hji^^^ie^^Ai^^^-^^^9^''f^%^^^^^^^M �Mr. Barstow stated that he was a member of the ARB and knows of many similar cases that need variances. Dr. Masias stated that part of the variance was recommended by the ARB. Mr. Barstow stated that there were three designs for the new house on Webber Avenue and this is the only one that needs a variance. Mrs. Mauhs asked if this design will be in line with the others. Mr. Barstow stated that it is 40 ft. from the house to the street, only change would be for the roof which is 6ft deep and 20-24ft long. Mr. Paolantonio made a motion to find that pursuant to SEQRA, This is a type II action which will have no material adverse impact on the environment. Same was seconded by Mrs. Galgano. Motion carried unanimously. Mr. Paolantonio made a motion to grant the variance needed to permit a covered porch, seconded by Mrs. Mauhs. Motion carried unanimously. IN THE MATTER OF KATHLEEN CAREY, 43 ELM STREET. NORTH TARRYTOWN, NEW YORK Mrs. Carey submitted proofs of receipt to the Clerk. Mr. Fitzpatrick stated that he lived in the house in 1947 and at that it was a four family house since that time. The family has been paying taxes for a four family house. The Zoning Board has receved letters from Mrs. DeMilia and Mrs. Michael ides stating that 43 Elm Street is and has been a four family home. Mr. Paolantonio made a motion to close the Public Hearing, seconded by Dr. Masias. Motion carried unanimously. DISCUSSION Dr. Masias, using an example, asked counsel if a legal three family home was being used as a two family home, would it lose the legas status of a such a legal three family? Mr. Walsh said if the house is a legal three, it would not lose its status no matter what the use. Mr. Fitzpatrick agreed, but noted if it were a non-confonaing use, and the use were abandoned for a year, it would not be a legal three family. �Mr. Paolantonio has no opposition to the request and also stated that Mrs. DeMilia is honest and hard working and has lived on Elm Street for at least 60 years. Mr. Paolantonio made a motion to find pursuant to SEQRA, that this is a type II action that will have no adverse impact on the environment. Same was seconded by Dr. Masias. Motion carried unanimously. Mr. Paolantonio made a motion to upgrade the records to reflect 43 Elm Street as being a four family home, seconded by Dr. Masias. Same was likewise unanimously passed. IN THE MATTER OF EMMA SERINA. LAWRENCE AVENUE. NORTH TARRYTOWN, NEW YORK Mr. Barstow, representing the Serinas stated that discussion took place at the last meeting concerning the reduction of some variances and providing other information. For instance, parking remains in front of the house, preliminary elevation of what the building will look like have been provided. Landscape areas have been invorporated, two parking spaces were below standard were corrected by elimination. Revised data from July's site plan will reflect the changes. In the building area there is a drop of 60 sq.ft. There is a front yard setback which is 18.25ft. Both sides are 22 sq.ft. as to 21.6 sq.ft. The rear is almost the same concerning the setback. Mr. Paolantonio asked if the taxi business was still a proposal. Mr. Serina stated that it might be eliminated and used for storage. He feels the taxi service may go out of business. Dr. Masias made a motion to close the public hearing seconded by Mr. Paolantonio. Motion carried unanimously. DISCUSSION Dr. Masias stated that no one would be affected by the change because no one is adjacent to the property The fire house provides a buffer. This change would be a tremendous improvement. Mrs. Galgano stated that the Zoning Boards recommendations concerning landscaping have been made and parking is available. Mrs. Serina stated for the record that almost every fireman parks in front of the driveway and they have never complained. �Dr. Masias made a motion pursuant to SEQRA, that this is a type II action in that it will have no adverse impact on the environment. Same was seconded by Mrs. Mauhs. Motion carried unanimously. Dr. Masias made a motion to grant the variances based on the revised plans that were submitted, seconded by Mr. Paolontonio. Motion carried unanimously. IN THE MATTER OF MAX SAN JUAN, 28 HUDSON STREET, NORTH TARRYTOWN. NEW YORK Mr. Turnquist who represents Mr. San Juan submitted a letter dated AUgust 14, 1993 to James Margotta the building Inspector, stating the completion of construction documents will be completed within 4-6 weeks. Mr. Paolantonio made a motion to have Mr. Turnquest appear before the Zoning Board the the September Meeting, seconded by Mrs. Mauhs. Motion carried unanimously. Mr. Paolantonio made a motion to approve the minutes of July, 1993 seconded by Mrs. Galgano. Motion carried unanimously. Being no further business, the meeting was adjourned. Respectfully submitted, Christine Yurkovic Recording Secretary (y * � 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-1993 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_1993-08-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-1993 Date A point or period of time associated with an event in the lifecycle of the resource 1993 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/a558e4a908c346a34db692e810df0e82.pdf ebe0447014a95eb091871f57ae1789ab PDF Text Text (' Appr t o substance and form: Village attorney Dated: io(*f/f3 • Approved^by t h e Zoning^Board ^ Chairman^or Acting Dated: i o \i?l<? % Filed with Village Clerk Clerk or Deputy Clerk Dated: /o/^ 1 /^ Date of Meeting / tk=i;«-:fe^:ita^^feifc^^^ �A regular meeting was held by the Zoning Board on September 15, 1993 at 8:00 PN in Village Hall, 28 Beekman Avenue, North Tarrytown, New York. Members Present: Also Present: Absent: George Fitzpatrick, Chairman Rhonda Mauhs Mary Galgano Michael Masias John Morabito Frank Paolantonio Donal M. Walsh, Jr., Esq. Juan Pujadas IN THE MATTER OF MARY FISHER, BEEKMAN AVENUE. NORTH TARRYTOWN. NEW YORK Mr. Fitzpatrick application. stated that Mary Fisher has withdrawn her IN THE MATTER OF ANTONIO SIMAO. 3 WINDLE PARK. TARRYTOWN. NEW YORK. Mr. Simao submitted proofs of receipt to the clerk. Mr. Paolantonio made a motion to open the public seconded by Mr. Morabtio. Motion carried unanimously. hearing, Ms. Simao stated that she would like to add more parking spaces for the new tenants that are moving in because there is not enough parking. There are two families living in the house. Also, there is a concrete wall which is cracked and needs to be replaced. Dr. Masias asked if the Building Inspector inspected the house. Ms. Simao stated yes. A building permit has been issued. Ms. Fannie Stone of 118 Van Tassel Avenue stated that she is opposed to the additional space and asked if new apartments will be built in the future. Mr. Hrotko of 20 Gordon Avenue stated that there are cars in the driveway and asked why the garage is not being used. Ms. Simao stated that they purchased the house approximately four years ago. Now, they are planning to move to Gordon Avenue. One family is moving because the lease has expired. Mr. Woltman of 44 Gordon Avenue stated that his driveway is being used by others and that parking is a problem. �Mr. Timmings, of 119 Rice Avenue stated that Webber Park has always been a one or two family neighborhood. Residents are trying to maintain the value of their properties. Also, there will be a change in the water flow. At first it was graded soil and now there is pavement which prevents seepage. Mr. Timmings stated that there is indication that the garage is not being used. Cars are parked on the street. Mr. Timmings asked the Board to take action. Ms. Simao stated that her family will be moving at the end of November. Ms. Simao does have a building permit to refurnish two rooms, one which will be a playroom and the other will contain ultra violet rays for medical reasons. They are moving from Tarrytown because they need more space. Mr. Fiorella of 48 Gordon Avenue stated that his property line is about three feet from the Simao property line and when the cutting begins down the curbside it may cause a drainage problem. Mr. Morabito made a motion to close the public hearing, seconded by Ms. Mauhs. Motion carried unanimously. DISCUSSION Mr. Fitzpatrick stated that Mr. Margotta did make an inspection and there were only three rooms. Ms. Galgano stated that at the seminar she recently attended, it was mentioned that alterations of character would effect certain criteria. Dr. Masias stated that the property probably has more parking than any other home in the area. Also, a use variance would be a Type I action. This matter would be considered an unlisted action. Mr. Morabito made a motion that this application would be listed as an unlisted action that will have no adverse impact on the environment, seconded by Ms. Galgano. Motion carried unanimously. A motion was made by Ms. Galgano to deny the additional parking space based on the fact that the owner is not deprived, there is no hardship, it would alter the neighborhood and that any hardship would be self-created, seconded by Mr. Morabito. Motion carried unanimously. �MINUTES Mr. Morabito made a motion to approve of the minutes of August 18, 1993, seconded by Ms. Galgano with the following corrections: Page one, Mr. Juan Pujadas was absent. Page one, first paragraph should read "Mr. MBarstow noted he has not received any letters of complaints . Page one, third paragraph should read "it was noted no approval of the plans were made without the porch". Motion carried unanimously. Being no further business, Dr. Masias made a motion to adjourn the meeting, seconded by Ms. Galgano. Motion carried unanimously. Respectfully submitted, Christine A. Yurkovi' Recording Secretary -.i.^^-.js^Skr.i.^-i^/w-J-^jtfe^^ � 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-1993 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_1993-09-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-1993 Date A point or period of time associated with an event in the lifecycle of the resource 1993 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/2fa247051c57d18fb01587a3eff74a08.pdf b94269bada88296c215cd8f231c138c0 PDF Text Text 1f to substance and form: Village Attorney Dated: ixl/S^/f^ Approved byxthe Zoning Boaa?d ? •£*?/-./?• Chairman 03^-Aeting Dated: Filed with Village Clerk a Clerk or Deputy Clerk tkljff Dated: CD<^T&b<i Date of Meeting --... --* -J4-- — / v.- * *~ - .*, -, ^--~ ^ ~ - c IK-ZJ: I ™v s*--': •^<^^-^P^^££ifi^-'-'r^ �A regular meeting was held by the Zoning Board of Appeals on October 20, 1993 at 8:00 PM in Village Hall, 28 Beekman Avenue, North Tarrytown, New York 10591. Members Present: George Fitzpatrick, Chairman Mary Galgano Rhonda Mauhs Frank Paolantonio Dr. Michael Masias Juan Pujadas Also Present: Absent: Donal Walsh, Esq. James Margotta, Building Inspector John Morabito IN THE MATTER OF MARY FISHER, 78 BEEKMAN AVENUE, NORTH TARRYTOWN, NEW YORK 10591 John Hughes, Esq. who is representing Mary Fisher stated that there have always been four dwelling units. The Fishers have owned this property since 1947. Mr. Hughes said it is important to restore the building since the fire. The fourth unit will help finance in many different ways. The building has been updated with the latest codes. There are two apartments on the second floor and two on the third floor. There were four families living in the building at the time of the fire. Dr. Masias asked if any variances were needed. Mr. Hughes sated that the building does have a certificate of occupancy. Mrs. Galgano asked if the remodeling has been made for four apartments. Mr. Hughes stated yes, two on the second and two on the third. Mr. Margotta stated that there is not a kitchen but only a set up of rough plumbing. Mr. Paolantonio stated that this issue should have been discussed at the time the variances were needed. Mr. Hughes stated that the buildings on Beekman Avenue are non-conforming. Mr. Paolantonio asked if the building was four family when purchased in 1947? Mrs. Fisher stated that it was a two family. Mrs. Fisher's daughter stated that it was a four family while she was living there. Mrs. Fisher converted the building into a four family between 1940 and 1947. Mr. Fitzpatrick stated that when the fire happened it was listed on the building card as a three family. Mr. Hughes stated that he had received four affidavits by other residents in the area stating that it has been a four family. Also, Mr. Hughes stated that the zoning code consisted of one family, 2 family or multi-family family homes. At the time the zoning code was vague. �Dr. Masias made a motion to close the public hearing seconded by Mr. Paolantonio. Motion carried unanimously. DISCUSSION Mrs. Galgano asked if this was a use variance. Mr. Hughes stated that it was not. The use is not being changed. Mr. Walsh stated that this is a decision concerning the change on the records. Mr. Fitzpatrick stated that it would be a finding, not a use variance. Mr. Margotta stated that the subject area would be a commercial use which consists of mixed or multi-family use which is three or more families. Mrs. Galgano made a motion pursuant to SEQRA, that this is a Type II action in that it will have no adverse impact on the environment. Same was seconded by Mrs. Mauhs. Motion carried unanimously. Mrs. Galgano made a motion to grant the application to have this parcel listed as a legal non-conforming four family parcel, seconded by Mrs. Mauhs. Motion carried. Vote: 5-2 with Mr. Paolantonio abstaining. IN THE MATTER OF MRS. CAMILLIERE. 60 POCANTICO STREET, NORTH TARRYTOWN, NEW YORK 10591 Mrs. Camilliere came before the Board stating that her garage is too narrow and her vehicle cannot fit into the space comfortably. This extension would not alter the front of the house. The porch needs to be renovated before the space underneath is utilized. Mrs. Galgano asked if the entrance to the house is on Pocantico Street. Mrs. Camilliere stated yes. Also, no changes would be made concerning length, just the width. This would help the parking situation. Dr. Masias made a motion to close the public hearing, seconded by Mrs. Galgano. Motion carried unanimously. DISCUSSION It was mentioned that residents did not come forward to speak against this application. This would help the neighborhood by having extra spaces on the street. Mrs. Galgano made a motion pursuant to SEQRA, that this is a Type II action in that it will have no adverse impact on the environment. Same was seconded by Mr. Paolantonio. Motion carried unanimously. Li,,~-^s;^i;*t^;-:fitf^-H;^^ �• Dr. Masias made a motion to grant the variance needed in the application, seconded by Mrs. Mauhs. Motion carried unanimously. MINUTES Mrs. Galgano made a motion to approve the minutes of September 15, 1993, seconded by Mr. Paolantonio. Motion carried unanimously. Being no further business the meeting was adjourned. Respectfully submitted, V7LeCf-(yfZMAMH<Christine A. Yurkov 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-1993 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_1993-10-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-1993 Date A point or period of time associated with an event in the lifecycle of the resource 1993 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/57b2ac8a3b598a4647a179e877a5b559.pdf 76a8b6b25c54368b6fc14f6dc421794b PDF Text Text \ # Approved w i t h r e s p e c t t o s u b s t a n c e and form: Vi rfage^Sttorney D a t e d : ///<?/<^ • Approved by t h ^ Zoning Board Chairman ox_Ac£iRg—Chairman ? D a t e d :: / '/' V / Filed with Village Clerk C l e r k $ r Deputy C l e r k Dated: Ipo/fa. 9 f W ^ b e r IS 1913 Date of Meeting >^ .-=.** b**3k£ -^d,^a,i-jt% ^^i4^^F^fs^il^»>?43*5sft^^^^^^^^^^^?^ iSs^Sfc&iM �f REGULAR MEETING NORTH TARRYTOWN, NEW YORK DECEMBER 15th, 1993 A regular meeting of the North Tarrytown Zoning Board of Appeals was held on December 15th, 1993 at 8:00 P.M. in the Village Hall, 28 Beekinan Avenue, North Tarrytown, New York. PRESENT: George Fitzpatrick, Frank Paolontonio John Morabito Rhonda Mauhs Mary Galgano Michael Masias ABSENT: Juan Pujadas ALSO PRESENT: James Margotta, Building Donal Walsh, Attorney Chairman Fitzpatrick called 8:00 Chairman Inspector the meeting to order at P.M. Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. Al Feck representing himself as an heir of the Levy. Trust told the Board that he had previously requested a sub-division of property on Barnhart Avenue but due to illness he was unable to complete the necessary requirements. Chairman Fitzpatrick informed M r . Peck that he would have to re-advertise and the Board would put the matter on the agenda for the January meeting. 1. N. Arbitrio, 135 Depeyster Street-Non-conforming apartment. Clerk read the public hearing notice to hear and consider an appeal by Nicholas Arbitrio of 718 Linda Avenue, Thornwood, N.Y. from a decision of the Building Inspector which denied a certificate of occupany for continued use as a legal non-conforming dwelling located at 135 Depeyster Street on the following grounds: The ordinance mandates that a discontinuance of use for more than one (1) year means legal nonconforming use is deemed lost. - —; Section-62, Subsection 27 of the Village Zoning Ordinance: - --• In addition, a non-conforming dwelling cannot be expanded and/or modified. According to the Schedule of Regul a t i o n s , the building itself is non-conforming for the following reasons: — �« -2*Required front yard setback 20' actual is 1 2 ' *Required one side yard setback 5' actual is 2 1 *Roofed porch exists into the setback in the front. Same is not permitted without a variance pursuant to 62-13B. The premises are known as (Section 16 Block 05 Lot 31) on the tax assessment records of the Village of North Tarrytown. Mr. Arbitrio presented notices of service to the Clerk Mr. Morabito moved, seconded by M r . Paolontonio to Carried. ' o pen the Public Hearing. Chairman Fitzpatrick asked if there was anyone present who would like to address the Board on the matter. Mr. Arbitrio stated the property was left to him by his father. He stated that to his knowledge the house has been a three family residence for the past 100 years. He had been making repairs but ran out of funds. He had obtained a building permit to renovate the basement apartment. He stated that the village assesses it as a three family residence and therefore pays taxes on a three family residence. Mr. Margotta.stated he has no problem with approving the requests provided Mr. Arbitrio has an Architect review the interior of the Building and that he conforms to today's codes. Mr. Paolontonio stated he was famililar with the property and could see no reason not to grant the request provided he conforms to the code. Mr. Margotta stated that M r . Arbitrio had some work but stopped construction sometime ago. completed There being no further comments, M r . Morabito moved, seconded by M r s . Mauhs to close the public hearing. Carried. Mr. Morabito stated the building was an existing three family residence for many years and feels if an Architect reviews the projet sees no reason to refuse the request. Mr. Morabito moved, seconded by M r . Paolontonio that pursuant to SEQRA. this is a Type II Action and will have no adverse impact on the environment. Carried . _..._. . Mr . -Horabito moved,-seconded-by-Mr. Paolontonio-that the request be granted, subject to review by an Architect and approval by the Building Inspector. Chairman Fitzpatrick.polled the Board as follows: — �-3Mr. Mr. Mrs. Dr. Mrs. Mr. • Morabito - Yes Paolontonio - Yes Mauhs - Yes Masias - Yes «-*•—" ' 9 Galgano - tftr £^^-<aX^_w--^<^ Fitzpatrick - Abstain Chairman Fitzpatrick declared the motion carried. 2. VonLosberg/Malofsky,10 Evergreen Way-Addition. Clerk read the public hearing notice to hear and consider an appeal by L. Vanlosberg and M. Molofsky by Robert Ciamei, Architect from a decision <5f the Building Inspector which denied a building permit for construction of an addition to a one-family residence located at 10 Evergreen Way on the following grounds: The existing lot is in a R2A Zone which requires a minimum lot size of 15,000 square feet. The present lot is a non-conforming 10,454 sq. feet. In addition, the existing coverage requirement is for a maximum of 20 percent; the property has a non-conforming existing coverage of 25.4 percent. A per Part 1 of the Schedule of Regulations of the Zoning Ordinance of the Village of North Tarrytown. ^R The premises are known as (Section 11 Block 1J Lot 6) on the tax assessment records of the Village of North Tarrytown. Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. Mr. VanLosberg requested that the Board adjourn the matter to their January meeting. Mr. Morabito moved seconded by Mr. Paolontonio that the request be granted and the matter was adjourned until the January, 1994 meeting. Carried. 3. Historic Hudson Valley, North Broadway-Food Service. Clerk read the public hearing notice to hear and consider an appeal by Waddell W. Stillman, Historic Hudson Valley from a decision of the Building Inspector which denied a building permit for a food service establishment at Phillipsburg Manor on the following grounds: t The Zoning Ordinance requires that a. portion of property used for a food service or restaurant shall not lie within 200* in a straight line from a lot or parcel also used as a food service or restaurant. The proposed location is within 200 f of an existing such use. /-i-;tS«Sfei**»ry?."'5.J^~'-E----M • \ ; - - . - ' - - > ; w ^ : ^ ^ 3 i « . W J « , i 3i£*r~'Jg£-j&2>.&J £ -i J ,K^<^iSse^&^"P« : *=^^^^*^»^™^* �-4Section 62, Subsection 20.1 of the Village Zoning Ordinance. The premises are known as (Section 14 Block 28 Lot 2) on the tax assessment records of the Village of North Tarrytown. Mr. Charles Dobkin representing the Historic Hudson Valley presented receipts of affidavit of service to the Clerk. Mr. Dobkin reported that approximately 40,000 persons were visting the Restoration each year and when the Rockefeller property is opened to the public this Spring it will increase 100%. He stated that the majority of the visitors will be coming by boat from New York City. The boat will dock at the Cooney dock in Tarrytown and will be bused to the Restoration. Consequently they will be pressed for time. They will be visiting Kuykuit,Phillipsburg Manor and Van Cortlandt Manor, and will have little time to look for refreshments. The restoration would like to offer beverages, sandwiches, salads, dessert and snacks. All food will be brought in from a caterer in Chappaqua and there will be no cooking on the premises. Mr. Dobkin stated it will help both the Village and the restoration as they will try to create the proper setting so that visitors can enjoy the tour. He stated that the buses will travel through North Tarrytown and guides will point out historical spots. He stated he has conferred with the Mayor who hopes to have a dock built in North Tarrytown so that the boat can dock in North Tarrytown. who would Chairman Fitzpatrick asked if there was anyone present like to address the Board. "Uncle Jerry" Garafalo stated his place of business is less than 200 feet from the restoration and felt the Board should not grant the request as the restoration is a tax exempt property and should not be selling food on the premises. He stated he was a tax payer and felt the Board should be looking out for his interests. Chairman Fitzpatrick stated that the laws were not made to protect individual stores, and several variances had been granted in the last two years. Paul McClintock, 95 Beekman Avenue stated he is a parttime security guard for the restoration and felt that riot many v i s i t o r s would cross-Route 9 to get to U n c l e - J e r r y s . — H e felt— --that the snack bar at the restoration would"not take much business away from Uncle Jerrys. Lorraine Barstow, part-time employee of the restoration and a resident of North Tarrytown for over forty years stated she felt that the visitors to the restoration would not use Uncle Jerry's any l e s s , and felt the snack bar was very important to �t ' -5the • restoration. Agent for Deborah Goldstein, owner of Goldie's Restaurant on lower Beekman Avenue, stated they were for granting permission for the snack bar as the restoration is one. of the few assets North Tarrytown has to offer. Chairman Fitzpatrick reported he has received a letter from Wayne Jeffers applying for a change of use of the garage owned by him. Mr. Jeffers would like to establish a food convenience store on property across the street from the restoration There being no further comments Mr. Paolontonio moved, seconded by M r . Morabito that the hearing be closed. Carried. Dr. Masias stated he felt the applicant did not meet the criteria set up by the State of New York for granting a variance. Dr. Masias stated he did not see where the Village w o u l d benefit by the granting of the application, and felt that the restoration would be too self-contained. Mrs. Galgano stated she felt the visitors do not the street at the present time to go to Uncle Jerrys. cross Dr. Masias felt if they do not have f o o d o n the premises they will wander into the village and look for places to eat. • Discussion followed regarding various other restorations owned by the Hudson Valley and the highlighting of North Tarrytown on the restoration map. M r . Morabito moved, seconded by M r s . Galgano that pursuant to SEQRA this is a Type II Action and will have no a d v e r s e impace on the environment. Carried. M r . Morabito moved, seconded by M r . Paolontonio that the request be granted as requested with no enlargement to the premises, and only soup, cold sandwiches, coffe, cold drinks, salad and desserts be sold. Chairman Fitzpatrick polled the Board as follows: • "• ~~''l t Mr. Morabito M r . Paolontonio M r s . Mauhs Dr. Masias Mrs ."Galgano ~ Yes Yes Yes No Yes Dr. Masias stated he fp.1t the restoration does not meet the criteria of New York State Zoning Lav fojjr a use variance for a food service establishment. Chairman Fitzpatrick declared the motion carried. �-6MINUTES Mrs. Galgano moved, seconded by Mr. Paoloiitonio that the minutes of the meeting held on October 20th, 1993 be approved as submitted. Carried. OLD BUSINESS Mr. Paoloiitonio requested information on the status of the San Juan property on Hudson Street. Mr. Margotta stated that Mr. San Juan has not applied for a building permit. Mr. Morabito moved, seconded by Mr. Paolontonio that Mr. San Juan be sent a letter directing him to vacate the third floor apartment within sixty days from receipt of the letter, as he does not have a secondary egress. Carried. Discussion followed on the Wayne Jeffers property on the corner of Old Broadway and Gordon Avenue. There being no further business to come before the Board," Mrs. Mauhs moved, seconded by Mrs. Galgano that the same be duly adjourned. 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-1993 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_1993-12-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-1993 Date A point or period of time associated with an event in the lifecycle of the resource 1993 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