1 25 11 https://sleepyhollow.localarchives.org/files/original/c9eb197a04131980f9d2354db8f84316.pdf d2e6dbc60135681400097dbef38ad0e8 PDF Text Text »' Approved with respect to substance and form: 4 nM Mr Vilp-lage Attorpey Dated: Approved by the Zoning Board <^tc^o Chairman or Asting Chairman Dated: Filed with Village Clerk -e±erk or Deputy Clerk Dated: /A ©I ^j \6. of Meetinq ;. i^i-m-j --.-^i'^'-i^-^. / 'itei^^>&*££&SeiG&a£6>&i8^3Bft^^ I (9/9^ �y NORTH TARRYTOWN, NEW YORK December 21, 1994 REGULAR MEETING A regular meeting of the North Tarrytown Zoning Board of Appeals was held on December 21, 199^ at 8:00 p.m. at the Village hall 2 8 Beekman Avenue, North Tarrytown, New York. PRESENT: ^y^O Frank Paolantonio, Chairman Roberg Morabito Gary McLean Frank Occhipinti Robert Anello ABSENT: Rhonda Mauhs John Coppello ALSO PRESENT Janet Gandolfo, Attorney James Margotta, Building Inspector Chairman Paolantonio called the Meeting to order at 8:15 p.m. 1. CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR AN ADDITION OF AN APARTMENT BY JANOS VATAI, 106 POCANTICO STREET Chairman Paolantonio re-opened the Public Hearing and asked if anybody in the public had any comments. Mr. Barstow handed out new lay-outs of the plans. He stated that they took into consideration the suggestions that the Board gave in the previous meeting. He went on to explain the changes. Mr. Carpenter stated that he was a tenant of Mr. Vatai and had lived at 106 Pocantico St. for 14 years. He said that he couldn't afford a raise in the rent if his apartment was changed. He also stated that he couldn't understand why the parking was a problem. He went on to comment on the parking around the area. He finished by saying "I don't like the idea of anyone leaning on my landlord to expand." Chairman Paolantonio corrected him by explaining that the Board was not trying to penalize the landlord. Janos Vatai, the owner of the building gave his view of the parking situation and his plans. Joe Margotta stated that he has been in the building for over 40 years and they have never had any problems with the parking in the area. Mr. Barstow said that the landlord was intending to move into the apartment himself with his wife. He stated that they were caretakers at a church in Scarsdale for 25 years. That was another aspect of the project. ^-'j'^ 5 :* 3e^^x~--t^S^Aji^Ah-^^ir^Ja£^S^f^6^ i^ff^&y ^i^tzZX* *^M s SS&*^d*astts»sii^ �. PAGE #2 \^ ~" D i s c u s s i o n followed on t h e r e v i s e d p l a n s . »• Mr. Occhipinti stated that he didn't like the parking area around the garbage shed. Discussion on the garbage shed followed. Discussion regarding the removal of the old garbage shed and building a new one so to put a parking space, the new garbage shed and the expense of doing it continued. Chairman Paolantonio asked if there was any further comment from the public. There was none. Gary McLean moved to close the Public Hearing. Frank Occhipinti seconded. Motion carried unanimously. Discussion among the Board members on the number of units/ parking and the garbage shed ensued. Mr. Anello stated that there was no doubt that there was a parking problem and adding another unit disturbed him. He felt that this variance should not be granted. Overcrowding the building is not advisable. Discussion followed on the size of the property. Chairman Paolantonio commented that it was over-built by 15%. Mr. Carpenter commented that other apartments were more expensive and he was"happy where he was. He didn't appreciate the suggestions of the Board that his apartment be expanded rather then a new one built. Chairman Paolantonio told him that the Public Hearing was closed. The Board member was not directing the comment to him. Nobody on the Board was trying to hurt anybody but trying to help the gentleman with his problem. Discussion again followed on the size of the proposed apartment. Mr. Anello asked if the applicant was interested in having one large unit approved or rather have the variance denied and go back to the drawing board. Mr. Margotta stated that he would not recommend denying it. By denying it he can't come back in 6 months unless there has been substantial change in the application. He would rather see it adjourned. -. Discussion followed. |^^ Chairman Paolantonio asked the Board what they wanted to do. VI �PAGE #3 J Mr. Occhipinti recommended that the variance be granted with the stipulation that the parking space #3*be moved where he suggested and make use of one office and provide parking spaces by painting lines to indicate the parking spaces. Mr. Margotta indicated that they need a second means of egress. A secondary means of egress can be a window on the first floor. Chairman Paolantonio suggested that they leave that for the code to dictate. Mr. Morabito made a motion to declare this a Type II Action which will have no material adverse impact on the environment. Mr. Occhipinti seconded. Motion carried unanimously. Mr. Occhipinti made a motion to grant the variance with the following conditions: 1. Store front be 1 store front occupied by 1 tenant. 2. Parking space #5 be moved to where there is a garbage shed along side spot 3 & 4. 3. Lines be painted to signify where the parking spaces are located. Mr. Morabito seconded. Motion carried unanimously. Chairman Paolantonio stated that the Board of Trustees requested to be Lead Agency to a LWRP project. He said that he had no objection and asked for any input. No Board member objected. Mr. Turnquist and Laurentino Rodrigues came forward and gave the Board a brief overview oh the combined project on 76 Chestnut Ridge and 83 Depeyster Street. Adjourned to January meeting for further discussion and Public Hearing. Mr. Morabito moved to approved the minutes of November 16, 1994 as amended. Mr. Occhipinti seconded. Motion carried unanimously. There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, Carmen G. Mariano Recording Secretary -~r *^Ji_ . ' "" -*^-;*v-~''/**"''*":?''^J'^&^**^€^^ .-»•» � 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-1994 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_1994-12-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-1994 Date A point or period of time associated with an event in the lifecycle of the resource 1994 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/8da56afe1a7a6108b9ccb9c59e2c2231.pdf 2572e0fca62e7d8fa48dba4a1c88b200 PDF Text Text Approved with respect to substance and form: Village Attorney D&ted: \-^\i-\\<i H Approved by the Zoning Board UcisKti ^faffo^&r&L. Chairman or Acting Chairman Dated: , ^ , - j n Filed with Village Clerk Clerk or Deputy Clerk Dated: t^fa^U^, �1 . PUBLIC HEARING K0TIC£ VILLAGE OP NORTH TARRYTOWN PLEASE TAKE NOTICE ^at the Zoning^Board of #£••!• ^ d ^ ^ a y , Village of North Tarrytovn^illhoXd a Public Hearin^^ ^ , 1 November 16, 1994 at 0:00 P ; " ^ * " " ^ consider an appeal Beeknan Avenue, North Tarry town >°" ^ hear^n^conside? PP ^ by^ S O T E K & 5 P " " " f l r ^ tr^c^on f a ^reened-in porch it 51 Lawrence St. on the following grounds. The schedule *f Regulations, Part I M ^ W M J ' ^ S ? * yard. The proposed plan indicates that the porch will be from the front yard line. ^^ ^ The presses are K n o w n ^ ^ ^ ^ ^ j j f ^ l ^ ^ o w ^ ^ 6 assessment records of the Village or wor*» i "* All taxpayers, residents and interested parties are entitled to attend and be heard at the aforsaid hearing. By Order of the Zoning Board of Appeals Linda DAvid, Village Cle*rk Date: Oct. 22 , 1994 J i«^^-i.-^W£iL^-^-S&b^^W^ > �> . NOT.Tl-OFPL'BLX'iTE.UUNC V VILLAGE OF NORTH TARRYTO\vK NOTICE IS HEREBY GIVEN that the Zoning Board of A p r i l s of the Village of North TarryiownwilJ hold a public hearing at 8:00 P.M. on Wednesday NOVP K J 994 at Village Hall, 2S Becfcman Avenue, Nonh Ttrrytown, New York upon t h e e r a D e r applicaiton of Janos Vitai for an appeal from the building inspector denying a building permit for an addition to an apartment zt $itm\$e$ located at 106 Pocantico Street, Nonh Tarrytown. The premises are located in an R-5 district and presently contain four "npnnnw'nh rnd two commercial units. The Schedule of RegulMicnTjTirTTTcJfThr^ requires a building with five apartments to have a minimum lot she of 8,000 squan existing lot has 4,410 square feet. The Code does not permit lot coverage to exceed 30%. The actual lot coverage is 49.5%. The Code requires a minimum of a 25 foot rear yard setback. The actual rear yard setback is 14 feet. Lastly, the Code requires 9 spaces for the proposed improvements. The actual number of parking spaces provided is 3* The pTtwJsts in question are designated on the tax assessment maps of the Village of North Tarryiown as Section 15, block 13, Lot 43A. At such hearing all interested persons will be given an opportunity to be heard. A copy of the application, including accompanying documents znd maps will be on file in the Building Department, 28 Beekinsn Avenue, North Tarrytown for review by the public. By order of-ihe Zoning Board of Appeals Dated: October 22, 1994 Linda E . David, Village C l e r k ^ 16 » �» - • / • • • • PUBLIC HEARING KOTICE VHXAGE OF NORTH TARRYTOWN PLEASE TAKE NOTICE that the Zoning Board of the ^ ^ f N o i J TanytoLwillholdapubKch^gonW^n^^ theMunidMlBuilding, 28Beekraan Avenue.NorthTanytown. NY to 9ff»na«««" hv Kathleen Barstowfroma decision ofthe Building Inspector which derued . b u i l d f n ^ S for construction of an addition above thefrontporch to a readence " located at 11 Pine Street on thefollowinggrounds: an The Schedule of Regulations. Part I in an R-4 District requires 1) a minimum lot size of 4 M o S S feet andthe actual lot size is 3.300 S f l ^ feet; 2) * • " ™ } ° „ w^th is ffiand the actual lot width is 33 feet; 3) the l ^ ^ j t f * ^ " found the actualfrontyard setback is 11.5 feet; 4) the minimum ade yard bne « 3 feet o T o " side^Tthe actual side y*d is 2.07 feet; 5) both side yards must be i nummum of 12 feet and the actual total of the side yards is 8,42 feet. ' T h e premises are known as Section 17.Block lOandLot lAonthetax. assessment records of the Village ofNorth Tarrytown. All taxpayers, residents and interested parties are entitled to attend and be heard at the aforesaid hearing. By Order of the Zoning Board of Appeals Linda David, Village Clerk Date: Octctotr23,l994 \ I ,X ^ ': �VILLAGE OF NORTH TARRYTOWN PUBLIC NOTICE PLEASE TAKE NOTICE that the Zoning ^ f ^ * ? ^ ™ * ' of North Tarrytown will hold a PubUc Hearing on Wednesday N o ^ e r ^ g . »nn P M in the Municipal Building, 28 Beekman Avenue, North Tantfown, New rortc o S d ' ^ i d l r " U ' * Katalin ^vaUerfroma ^ ^ ^ T*.n**rtr which denied a building permit for construction of a patio at the rear 01 the ^ I ^ S S Webber Avenue, North Tarrytown, NY on the f b l ^ n g grounds: The Schedule of Regulations, Part I of the Zoning Code inquires a 25' rear yard setback. The proposed plan indicates that the actual rear yard setback would be 15'2". The premises are known as Section 17, Block 7, and Lot 12B on the tax assessment map of the Village of North Tarrytown. All taxpayers, residents and interested parties are entitled to attended be heard at the aforesaid hearing. By Order of the Zoning Board of Appeals Linda David, Village Clerk Dated: October 2 2 , 199A ^ "» �. » NOTICE OF PUBLIC HEAF&NG PLEABE TAKE NOTICE that the Zoning Board of the Yillage^of North Tarrytown willhold a public hearing on Wednesday, November 16, 1994 at 8:00-p.m. "or as soon thereafter as possible at 28Beekman Avenue, North Tarrytown, New York to hear and consider the application of Albert Peck, on behalf of the Levy Estate, for the .following variances: The applicant proposes to subdivide premises located.at 21_and Z3 Irving Place into 2 separate lots. The site presently^contains _ two two-story single-family^well ings. Both lots would need variances from the Zoning Code, as follows: Lot A is prposed to T Contain^oiily, 3,096 sqqare feet and Lot B only 3,419 square feet. The minimum lot _ size for this district is 4,000 square feet. Lot A proposes to Provide only 26 feet for the side yard setback and-40 feet is reqqired a n d a o t B proposes to provide only 30 feet for the side yard setback and 40 feet is required. The premises are alos known and designated on the tax assessment map of the Village of North Tarrytown as Section 15, Block 11, Lot Zl. All interested parties are inviteed to ateend and be heard at said hearing. By Order of the Zoning Board of Appeals DAted: October ZC} 1994 < �«r / NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Zoning Board of the Village of North Tarrytown will hold a public hearing on Wednesday) November 16, 1994 at 8:00 P.M. at Village Hall, 28 Beekman Avenue, North Tarrytown, New York upon the application of Andrew O'Neill for an appeal from the building inspector denying a building permit and certificate of occupancy for a two family dwelling at premises located at 134 New Broadway, North Tarrytown. The Schedule of Regulations, Part 1 of the Village Code of North Tarrytown requires a residence in an R-4 District to have a minimum 20* front yard setback. The actual front yard setback is 18.67'. In addition, the Regulations require that the driveway be 20' long. The actual driveway is 18.67' The premises in question are designated on the tax assessment map of the Village of North Tarrytown as Section 17, Block 1 , Lot 2 0. At such hearing all interested persons will be given an opportunity to be heard. A copy of the application, including accompanying documents and maps will be on file in the Budding Department,. 28 Beekman Avenue, North Tarrytown, New York for review by the public. *\ • By Order of the Zoning Bound of Appeals Dated: October 2 6 1994 ,t * ; r ^ t A ? - ^ a & : *Sz: - ;-.»*v^i -. ,±AtSe!£xm^£^s£. - *fe*-."i*'s." B&^iiSS• .-"site %£ - ^e&'fU^-^sm^^isJi^iiiiMZZ^^M^^f'^i --i �REGULAR MEETING NORTH TARRYTOWN, NEW YORK November 16,1994 A regular meeting of the North Tarrytown Zoning Board of Appeals was held on November 16,1994 at 8:00 p.m. at the Village Hall, 28 Beekman Avenue, North Tarrytown, New York. PRESENT: ABSENT: ALSO PRESENT: Frank Paolantonio, Chairman Gary McLean Rhonda Mauhs B'rank Occhipinti Robert Anello John Coppello OoW Refeert Morabito Janet Gandolfo, Attorney James Margotta, Building Inspector Chairman Paolantonio called the meeting to order at 8:00 p.m. 1. Public Hearing: Mr. & Mrs. Clifford Morrison/ 51 Lawrence Ave. The clerk read the Notice of Public Hearing to hear and^consider an appeal by Clifford Morrison from a decision of the Building Inspector which denied a building permit for construction of a screened-in-porch at 51 Lawrence St. on the following grounds: The Schedule of Regulations, Part I reguires a 20' front yard. The proposed plan indicates that the porch will be 6* from the front yard line. The premises are known as Section 15, Block 13-3, Lot 32 on the Tax assessment records of the Village of North Tarrytown. Chairman Paolantonio asked if anybody wished to be heard on this application. Mr. Morrison, the applicant, passed out pictures of the house to the Board. Mr. Richard Sweet asked if the porch was going to be converted to a screened porch or whether new construction was involved. Discussion followed. Mr. Sweet indicated that he had no problem with this application. The Chairman asked if anybody else had anything to say. There being no one else, he asked for a motion to close the Public Hearing. Rhonda Mauhs motioned to close the Public Hearing. John Cappello seconded. Motion carried unanimously. Public Hearing closed. Discussion followed among the Board members. �PAGE #2 Gary McLean motioned for the Zoning Board to declare a Type II Action which will have no material adverse impact on the environment. John Cappello seconded. Motion carried unanimously. Gary Mclean moved to grant the variance to the applicant. Frank Occhipiriti seconded the motion. Motion granted unanimously. 2, Public Hearing; James Vatai, 106 Pocantico St. The clerk read the Notice of Public Hearing to hear and consider an appeal by Janos Vatai. from*a decision by the Building Inspector denying a building permit for an addition to an apartment at premises located at 106 Pocantico St. The premises are located in an R-5 District and presently contain four (4) apartments and two (2) commercial units. The Schedule of Regulations/ Part I of the Village Code of North Tarrytown requires a building with five (5) apartments to have a minimum lot size of 8/000 sq. feet. The • existing lot has 4,410 sq. feet. The Code does not permit lot coverage to exceed 30%. The actual lot coverage is 49.5%. The Code requires a minimum of a 25 foot rear yard setback. The actual rear yard setback is 14 feet. Lastly, the Code requires 9 spaces for the proposed improvements. The actual number of parking spaces provided is 3. The premises in question are designated on the Tax assessment maps of the Village of North Tarrytown as Section 15/ Block 13/ Lot 43A. Chairman Paolantonio asked if anyone wished to address the Board on this application. Robert Barstow stated that he was representing Janos Vatai/ the owner of 106 Pocantico St. He explained the past history of the premises, and Mr. Vatai's reasons for wanting to build another apartment rather than renting to another commercial business. Referring to the plans, Mr. Barstow explained to the Board the position of the proposed apartment, the parking and the entrance. Chairman Paolantonio asked if any Board members had any more questions. There being none, he asked if anyone in the audience wanted to make any comments, pro or con. Mr. Richard Sweet stated that in view of the location of the building, to add another apartment would be unwise right now because of the parking problems. The Restoration has added a flow of visitors to the area, and the parking on that side of the street has become very limited. He said he strongly opposed the variance being granted. Frank Occhipinti moved to close the Public Hearing. Robert Anello seconded. Motion carried unanimously. Public Hearing closed. �PAGE #3 Discussion followed on other possible uses, what to do with the space and the parking situation. Mr. Barstow made it clear that the bar location had been used for various commercial businesses in the past. Also, that Mr. Vitai had improved the fire safety conditions of the building. Discussion ensued again between the Board, Mr. Barstow and Mr. Vatai on the proposed apartment. Chairman Paolantonio suggested to Mr. Barstow and Mr. Vatai to come back with a different proposal. James Margotta statedthat he would like to see Mr. Barstow come back with a better lay-out showing the entrances to the second and third floors in the front, showing the apartment in the back and showing how he would develop this larger apartment. Also, to take a better look at the parking. Robert Anello moved to re-open the Public Hearing to continue next month. Rhonda Mauhs seconded. Motion carried unanimously. 3. Public Hearing: Kathleen Barstow, 11 Pine St. The clerk read the Notice of Public Hearing to hear and consider an appeal by Kathleen Barstow from a decision of the Building Inspector which denied a building permit for construction of an addition above the front porch to a residence locaited at 11 Pine St. on the following grounds: The Schedule of Regulations, Part I, in an R-4 District reguires 1) a minimum lot size of 4,000 sg. feet and the actual lot size is 3,300 sg. feet; 2) the minimum lot width is 40 feet and the actual lot width is 33 feet; 3) the minimum front yard setback is 20 feet and the actual front yard setback is 11.5 feet; 4) the minimum side yard line is 3 feet on one side and the actual side yard is 2.07 feet; 5) both side yards must be a minimum of 12 feet and the actual total of the side yards is 8.42 feet. The premises are known as Section 17, Block 10, Lot 1A on the Tax assessment records of the Village of North Tarrytown. Mr. Barstow came forward and stated that the proposal is an addition on top of an existing porch. They have a growing family and have need of additional space. He indicated that the intent was to expand and not to add more bedrooms. He explained how he would do this. Chairman Paolantonio asked if anybody from the audience wished to address the Board on this application. Patricia Chepiga stated that she lived up the street from the property and she had no objection to the granting of the variance. .-&_3t*#t ?: ",_«*>-• :~-- .-.ii^i^SAv-S^fci-^-i-i-it.^^ W ^ " « - ^ A i ; t ^ f c ^ �PAGE #4 Jack Edwards stated that he had no objection. family needed more room. Mr. Barstov's John Cappello motioned to close the Public Hearing. Gary McLean seconded. Motion carried unanimously. Public Hearing closed. Discussion followed. Rhonda Mauhs motioned to declare this a Type II Action which will have no material adverse impact on the environment. John Cappello seconded. Motion carried unanimously. Rhonda Mauhs moved to approve the variance. Frank Occhipinti seconded it. Motion carried unanimously. 4. Public Hearing; Katalin Gavaller, 144 Webber Avenue The clerk read theTNotice "of Public^Hearing ""to hear and consider an appeal by Katalin Gavaller from a decision of the Building Inspector which denied a building permit for construction of a patio at the rear of the premises located at 144 Webber Ave./ on the following grounds: The Schedule of Regulations, Part I of the Zoning Code requires a 25* rear yard setback. The proposed plan indicates that the actual rear yard setback would be 15*2". The premises are know as Section 17, Block 7, Lot 12B on the Tax assessment maps of the Village of North Tarrytown. Chairman Paolantonio asked if anyone wished to address the Board. Rego David stated that the neighbors had no objection. Mrs. Adams stated that she was also a neighbor and had no objection. Rhonda Mauhs made a motion to declare this a Type II Action which will have no material adverse impact on the environment. Robert Anello seconded. Motion carried unanimously. Rhonda Mauhs moved to approve the variance. Frank Occhipinti seconded it. Motion carried unanimously. 5. Public Hearing: Albert Peck, 21-23 Irving Place ___ The clerk read the Notice of Public Hearing to hear and consider the application of Albert Peck on behalf of the Levy Estates for the following variances: The applicant proposes to sub-divide premises located at 21 and 23 Irving Place in 2 separate lots. The site presently contains two two-story single-family dwellings. Both lots would need variances from the Zoning Code, as follows: Lot A is proposed to contain only 3,096 sq. feet and Lot B only 3,419 sq. feet. The minimum lot size for this district is 4,000 sq. feet. Lot A proposes to provide only 26 feet for the side yard setback and 40 fee is required and Lot B proposes to provide only 30 feet for the side yard setback and 40 feet is required. The premises are also knwon and designated on the Tax assessment maps of the Village of North Tarrytown as Section 15, Block 11, Lot 21. �PAGE #5 Chairman Paolantonio asked if anybody wished to speak on this application. Mr. Peck stated that the lot had been in the family for about 75 years. Everybody was gone except him. He doesn't think anybody would buy the two houses without sub-dividing. That is the purpose of his sub-division, so that he could sell those two houses. John Cappello motioned to close the Public Hearing. Gary McLean seconded. Motion carried unanimously. Public Hearing closed. Chairman Paolantonio commented to Mr. Peck that he had sub-divided lots before. He asked him if any were sold already. Mr. Peck answered that he had some contracts that were about to be signed. Robert Anello felt that there was no reason to deny the variances. Frank Occhipinti moved that the Zoning Board be declared Lead Agency in this matter and declare a Type II Action which will have no material adverse impact on the environment. John Cappello seconded. Motion carried unanimously. Frank Occhipinti motioned to grant the variances. Rhonda Mauhs seconded. Motion carried unanimously. 6. Public Hearing; Andrew O'Neill, 134 New Broadway The clerk read the Notice of Public Hearing to hear and consider the application of Andrew O'Neill for an appeal from the Building Inspector denying a building permit and Certificate of Occupancy for a two family dwelling at premises located at 134 New Broadway, No. Tarrytown. The Schedule of Regulations, Part I of the Village Code of North Tarrytown requires a residence in an R-4 District to have a minimum 20* front yard setback. The actual front yard setback is 18.67'. In addition, the Regulations require that the driveway be 20' long. The actual driveway is 18.67'. The premises in question are designated on the Tax assessment maps of the Village of North Tarrytown as Section 17, Block 1, Lot 20. Sean McCarthy, the architect came forward and referring to the site plans, explained to the Board the proposal. He indicated that no outside work was to be done. It's all interior work. Chairman Paolantonio asked if anybody else had comments. Mary Galgano, Gory Brook Rd., indicated that she hadn't seen the plans and asked if it was occupied. Mr. O'Neill said that they were here for the variance for the driveway. �PAGE #6 Mary Galgano said she had no problem with that. William Herliay indicated he was a neighbor to the north of O'Neill and wanted to see the Board approve this. He also wanted to know why Mr. O'Neill had to have two means of ingress. James Margotta explained the reasons why. Mr. McCarthy also tried to explain. Chairman Paolantonio asked if anybody else in the audience had any comments, pro or con. Rhonda Mauhs moved to close the Public Hearing. Gary McLean seconded. Motion carried unanimously. Public Hearing closed. Frank Occhipinti moved that the Zoning Board declare a Type II Action with no material impact on the environment. Gary McLean seconded. Motion carried unanimously. Frank Occhipinti motioned to grant the variance. Gary McLean seconded. Motion carried unanimously. Robert Anello moved to approve the minutes of September.21/1994 as amended. Rhonda Mauhs seconded. Motion carried unanimously. John Cappello motioned to approve the minutes of October 19,1994 Gary McLean seconded. Motion carried unanimously. There being ho further business to come before the Board, the meeting was adjourned. Respectfully submitted, Carmen G. Mariano 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-1994 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_1994-11-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-1994 Date A point or period of time associated with an event in the lifecycle of the resource 1994 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/38758ccc93b8cc29d014f0b74e174b31.pdf 7a4091f1d5ce83a7dc635da0ec256062 PDF Text Text M Approved with respect to substance and form: llage Attorney ted: 111 |k \\y. Approved by the Zoning Board A^ez^z ^Or-?fc^-£f Chairman or Acting Chairman Dated: i,/,(. l ^ Filed with Village Clerk Clerk or Deputy Clerk Dated: / i ^ ^ / ^ c ^ Date of Meeting ^fefclfc;S3>^>^_isS^i:«*-i»4iifi^ �REGULAR MEETING NORTH TARRYTOWN, NEW YORK October 19, 1994 A regular meeting of the North Tarrytown Zoning Board of Appeals was held on October 19, 1994 at 8:00P.M. at Village Hall, 28 Beekman Avenue, North Tarrytown, N.Y*PRESENT: ^o\\0 Frank Paolaritonio, Chairman R<rbrr£t Morabito Rhonda Maiihs Frank Occhipinti Robert Anello John Cappello ABSENT: Gary McLean ALSO PRESENT: Janet Garidolfo, Attorney James Margotta, Building Inspector Chairman Paolantonio called the meeting to order at 8:00P.M. 1. Public Hearing - Laurentino Rodrigues, 185 Valley Street Clerk read the notice of Notice of Public Hearing to hear and consider a reguest to the Zoning Board by Mr. Laurentino Rodrigues to allow occupancy of the residential apartments at 185 Valley Street, North Tarrytown, N.Y. prior to the construction the Zoning Board when it granted several variances for said premises in January, 1994. The premises in question are designated in the tax assessment maps of the Village of North Tarrytown as Section 16, Block 11, Lot 1. Mr. Ron Turnquist came forward and stated that he was the architect for the project and that Laurentino Rodrigues was the owner. He distributed maps of the project to the board and went on to explain that they were here some time back regarding. 185 Valley Street. He continued to explain what variances they had received and the events and changes that have occurred since. He stated that they wanted the Zoning Board to allow the Building Inspector to issue a temporary CO until they could build the parking spaces required by the variance and then a final CO when the parking spaces are completed. At this point, Mr. Occhipinti asked the Chairman if the ZBA had jurisdiction on this issue and then a discussion followed. Chairman Paolaritonio went over the variances that were granted for this project and their conditions. He feels that Mr. Rodrigues should live up to the conditions that were set forth. �* PAGE #2 Discussion followed on the parking that should be available for the CO at 185 Valley Street. Mr. Turnquist explained the problems that they have had and the lack of feed-back by the Village consultants on the approvals. Chairman Paolantonio told him that the Board had no control of what has happened in the past from January to now, that this Board makes decisions on use variances and area variances. Mr. Turnquist stated that Mr. Rodrigues is the only person in this Village that is doing anything to update and to remodel buildings. Mr. Anello asked how many days Mr. Rodrigues thought there would be a delay in the building of the parking lot. Mr. Rodrigues answered 60 days. Mr. Anello asked if Mr. Rodrigues was asking for a waiver of one of the conditions of the variance for a period of 60 days. Mr. Rodrigues answered "yes". Ms. Mauhs asked as to what time frame they were looking at. Mr. Rodrigues answered that if everything goes O.K. with the building, in 20 days he could guarantee the parking lot will be done, but you never know. That is why he was asking for 60 days. Mr. Anello then asked what will happen if in 60 days you have not built the parking lot and you have tenants inside. Mr. Rodrigues answered that he will take the tenants out. Mr. Cappello: "You don't say that you going to put tenants out because you are not going to do it. You know that you can't displace people. You know that for a fact". Mr. Cappello asked Ms. Gandolfo "Do we have the jurisdiction to issue a CO?". Ms. Gandolfo answered: "Not to issue a CO." Mr. Cappello then asked a second question of Ms. Gandolfo. "Can we, as a Zoning Board overturn a decision and conditions of the Zoning Board?". Ms. Gandolfo: "I think his application is an appeal from the Building Department's denial of a temporary CO, that's what his application is for. Mr. Margotta and I spoke about whether or -V^r^-3*»V;kr#»ii*-*«i^sim*»i^ �* PAGE #3 not it would be required and we felt that because it wasn't a variance that was granted and a condition of the entire project, he should go to the Planning Board and back to the Zoning Bpard to get their approval on itV. Discussion followed on the previous decision and if it could be overturned and who had the jurisdiction. Mr. Morabito pointed out that if Mr. Mafgotta had issued a temporary CO they, wouldn't be here, because he has the right to issue a temporary CO. He didn't think that the Board should be put in a situation of doing the job of the Building Inspector. It's up to the Building Inspector to issue or deny a temporary CO. Mr. Turnquist expressed his feelings that they have been bounced around by the Boards. Mr. Cappello feels that if the board doesn't have the jurisdiction to issue a temporary CO, it should be turned back to wherever it has to go and out of the Zoning Board. Mr. Occhipinti also feels that is should be thrown into the hands of the Building Inspector. Discussion again followed on who could issue a temporary CO Mr. Cappello moved that the Zoning Board turn this over to the Building Inspector. Mr. Occhipinti seconed the motion. Motion carried unanimously. Mr. Samaras came forward and indicated that he missed the hearing and wanted to know the decision. He was informed that no decision was made and that the hearing was over. He demanded a copy of the minutes. He was told that he had to wait until next month when the minutes were approved and ask the Village Clerk for a copy. Mr. Cappello moved to review last month's minutes next month. Ms. Mauhs seconded. Motion carried unanimously. Being no further business, the meeting was adjourned. Respectfully submitted, '-"Carmen G. Mayiano Recording Secretary �VILLAGE OF NORTH TARRYTOWN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Village of North Tarrytown will hold a public hearing at 8:00 P.M. on Wednesday, October 19, 1994 at Village Hall, 28 Beekman Avenue, North Tarrytown, New York upon the application of Laurentino Rodrigues requesting the Zoning Board to allow occupancy of the residential apartments at 185 Valley Street, North Tarrytown, NY prior to the construction of eight (8) parking spaces which were a required condition by the Zoning Board when it granted several variances for said premises in January, 1994. The premises in question are designated on the tax assessment maps of the Village of North Tarrytown as Section 16 , Block 11 , Lot 1 . . At such hearing all interested persons will be given an opportunity to be heard. A copy of the application, including accompanying documents and maps will be on file in the Building Department, 28 Beekman Avenue, North Tarrytown for review by the public. By Order of the Zoning Board of Appeals Dated: September 2 2 , 1994 �» I INTER-BOARD MEMORANDUM TO: Members of the Zoning Roard of Appeals FROM: Janet A. Gandolfo, Esq. \l| DATE: October 19, 1994 RE: Application of Laurentino Rodrigues The Planning Board has requested that I advise the members of the Zoning Board of Appeals that it has no objection to the. ZBA permitting the Building Inspector to issue a temporary Certificate of Occupancy for the residential units located at 185 Valley Street pending the completion of the construction of 8 parking spaces as previously required by both the Planning and Zoning Boards. Mr. Rodgrigues appeared before the Planning Board last month and requested that he be given a temporary waiver on the parking spaces which were required in the site plan approval. The Planning Board stated that it had no objection but referred the matter to the ZBA because the parking spaces were a condition of the granting of the variances when Mr. Rodrigues first applied for approvals in the earlier part of 1994. If you have any questions regarding the above please do not hesitate to ask. cc: Members of the Planning Board I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1994 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_1994-10-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-1994 Date A point or period of time associated with an event in the lifecycle of the resource 1994 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/406e6339033a1579d2437f5d3864f103.pdf a4512907fd530638a91debf5baea175f PDF Text Text k Approved with respect to substance and form: age Attorney ed: loJiTJ kf Approved by the Zoning Board Y/tez^>A j/^o ^^.^r^^r^ •^a_ Chairman or Acting Chairman D a t e d : . 1*>L<{\ qu. F i l e d w i t h V i l l a g e Clerk a- G Clerk or Deputy Clerk Dated: H(>P-[ ^ of Date o JS Meeting - ^ ' - *^-^-*£Sr~*1*^vSi' tt&^at&FL2Fis#.•£Zj&Ji£tt&z£K&3&IJL-jj^fejl,^ja^tiJf^jjt&TJ£:*J+ f&£i^^^^^J^^^ziM^s^lk^^i^^^^^^^^S^^^ �REGULAR MEETING NORTH TARRYTOWN, NEW YORK September 21, 1994 A regular meeting of the North Tarrytown Zoning Board of Appeals was held on September 21, 1994 at 8:00p.m. in the Village Hall, 28 Beekman Avenue, North Tarrytown, New York. PRESENT: Frank Paolantonio, Chairman Frank Occhipinti Rhonda Mauhs Robert Anello John Cappello John Morabito Gary McLean ALSO PRESENT: Janet Gandolfo, Attorney James Margotta, Building Inspector Chairman Paolantonio called the meeting to order at 8:20p.m. 1. Public Hearing: Laurentino Rodrigues, 83 Depevster Street Clerk read the notice of Notice of Public Hearing to hear and consider an appeal by Laurentino Rodriguesfroma decision of the Building Inspector which denied a certificate of occupancy for premises at 83 Depeyster Street, North Tarrytown, New York ( Section 16, Block 11, Lot 15 on the tax assessment map of the Village of North Tarrytown ) as a three (3) family residence. The Building Department records list the premises as a twofamily residence. Chairman Paolantonio asked if there was anybody present who wanted to address the board. Mr. Rodrigues came forward and submitted the attached affidavits to the board members. He stated that he bought this building and that it has been occupied by three families for the past three years. Chairman Paolantonio asked if there was anybody else. There being nobody else, he asked for a motion to close the Public Hearing. Mr. Morabito motioned and Gary McLean Second. Discussion followed. Chairman Paolantonio felt that the affidavits presented stating the �house as a three-family were not acceptable. Mr. Occhipinti stated that affidavits presented in the past for similiar cases were accepted. Questions on how long the house had been occupied by three-families arose but with no definite answers. Mr. Cappello made a motion to grant Mr. Rodrigues' application. Mr. Gary McLean second. Motion carried unanimously. 2. Public Hearing: A & S Machine Shop, Cortlandt Street After some discussion, Mr. Schiavone, the applicant, withdrew the application. The Board also voted to approve the following attached resolutions: Renovation for a 17 unit apartment house Regan Development Corp. 52 College Ave., No. Tarrytown, N.Y. Premises are known as Section 16, Block 17, Lot 9 Construction of a single family residence in the R-3 District wherein the two side yards together would total 14' instead of the required 15' and wherein the front yard setback would be 17' instead of the required 20' John and Maureen Petry Webber Ave., No. Tarrytownb, N.Y. Premises are known as Section 17, Block 7, Lot 20 Permission to use premises for the installation of electrical wiring for lights, sirens and radios on Fire and Police motor vehicles at premises located at 80 Chestnut St., No. Tarrytown. Dominick Pulsoni, Jr. 80 Chestnut St., No. Tarrytown, N.Y. Permission to construct an addition to premises located at 15 Elm Street, No. Tarrytown, N.Y. Motions to approve these resolutions were made and passed unanimously. Minutes for August 17, 1994 were approved. �#~ Being no further business, the meeting was adjourned. Respectfully submitted, Carmen G. Mariano Recording Secretary �August 24, 1994 To Whom It May Concern: I am Maria Suarez living at 166 Valley St. No. Tarrytown, NY 10591, I testify that the house on 83 Depeyster St. No. Tarrytown NY has always been a three family house. Very Truly Yours, j/sy/?r d-MJ^ /i^ct «+A i?*r FILOMENA A. FAILACARO Holsiy PubKc, Steie cl Hew Yc«it No.6CH155?25 Qus!ified in Weslc!«s(er Countjf _- �September 15, 1994 T6 whom it may concern: lam Clarence Bernett, residing for more than twelve years at 83 Depeyster St. third floor apartment. Some body else was living before me. For my concern this house has always been as a three family house. Very truly yours; Clarence Bernett �August 24, 1994 To Whom It May Concern: I am Lee Thompson living at 151 Depeyster St. No. Tarrytown, NY 10591, I testify that the house on 83 Depeyster St. No. Tarrytown NY has always been a three family house. - �August 24, 1994 To Whom It May Concern: I am Roland Thomson Sr. living at 100 College Ave. born and raised in Tarrytown, NY testify that the house on 83 Depeyster St. No. Tarrytown has always been a three family house. Very Truly Yours, y yf"!' / v. - i?iy '3W-TJ. ,2i^5NAA.FALUCARO * �August 24, 1994 To Whom It May Concern I am Jimmy Warren Jr, living at 66 College Av, No Tarrytown NY 10591. I testify that the house on 83 Depeyster St,No Tarrytown NY has always been a three family house. Very truly yours, Warren Jr. ELSIE MOTEN Notary Public State of New York No. 60-4513329 Qualified in Westchester County Conim^Jon Expires October^, 19 ?£ * * ^-^:4^.'>^:^j^^^ � 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-1994 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_1994-09-21 Subject The topic of the resource Zoning Board Minutes & Resolutions-1994 Date A point or period of time associated with an event in the lifecycle of the resource 1994 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/a1dc7b21c122c64c2ade225a5c96c3fa.pdf c7d533c7c0aaa58e0a62979ab0212c44 PDF Text Text August 19, 1994 To Whom it May Concern, I am Sylvester Williams and live at 107 Cortlandt Street, N. Tarrytown, NY 10591 I was born and raised in North Tarrytown, NY. I testify that the house on 83 Depeyster Street, N. Tarrytown has always been a three family house. Very Truly Yours, < £^&3 Sylvester Williams ELSIE MOTEN Notary Public, State of New York No. 60-4513329 Qualified in Westchester County Commission Expires October 31,19?5" < r V - •/1irrr~ ,t: ""fe,ii * ^ f c i t M f l ^ 4 ^ i r a ^ ^ �Approved with respect to substance and form: ViKLage Att Attorne Dated: «iU,^|. Approved by the Zoning Boafcd Dated: Filed with Village Clerk Q..-C Dated : Deputy Clerk 7/?a/f y m31 Date of Meeting �A regular meeting of the Zoning Board was held on August 17, 1994 at 8:00 PM in Village Hall , 28 Beekman Avenue, North Tarrytown,. New York 10591 Members Present: Also Present: Absent: Robert Anello, Acting Chairman Rhonda Mauhs Gary McLean John Cappello John Morabito Frank Occhipinti James Margotta, Building Inspector Janet Gandolfo, Esq. Frank Paolantonio IN THE MATTER OF PETRY, WEBBER AVENUE, NORTH TARRYTOWN, NEW YORK 10591 Mrs. Petry submitted proof of receipts to the Building Inspector. Mrs. Petry also submitted plans of the porch to the Zoning Board. These plans consist of a overhang porch above the front door which is 3-6 inches wide. The side yard variance calls for a 54' front on Amos Street and a 55' in the back. There will be a 50 ft. modular home on the site. Houses between North Street and Amos Street are similar in lot size. At this point during the meeting a petition was submitted to the Zoning Board of Appeals in support of the application. It was mentioned that there was an overhead porch of 6ft. at 23 Amos Street. Mr. Glen Weeks of 174 Webber Avenue read Chapter 62-20 of the Zoning Code - Chapter 62 Section 58 is in regard to giving variances for a hardship. Mr. Weeks submitted a petition to the Zoning Board (Petition attached in official minutes) Mr. Weeks stated that there will be a devaluation in his property if the house is 18ft. compared to a 45 ft. sideback arid 3 stories high. Mr. Anello stated that if the variance is not granted that house will'be closer to the Weeks' home. '/ Ms. Lucille Ceconi stated that no one on Amos Street or North Street is opposed to this application. 9 inches is not a large variance. Mrs. Weeks stated that a precedent will be set if this variance is granted. This would be a concern. Variances are granted for hardships only, other than self-imposed. Mrs. Ceconi stated that variances were granted to many of the houses that were built in the area. �Mr. Caetano stated that good citizens wish to see the Board approve this application. Ms. Pat Kringas of 149 Webber Avenue stated that it's difficult and it's a struggle to stay within the variance but applicants should stay within the Zoning (guidelines. It is the Boards duty to be fair and explore the guidelines. Mr. Cappello made a motion to close the public hearing, seconded by Mr. Occhipinti. Motion carried unanimously. DISCUSSION: Mr. Occhipinti stated that if the house was moved back it would take away from the other houses. Mr. McLean stated that the application would call for a 15ft. combination and would rather see it on the center of the property. It was mentioned that the intent was to have 7' on each side. Mr. Margotta stated that Mr. Weaks' proposal is to have 5' on one side and 9' on the other. There was no objection to the front yard. Mr. Occhipinti made a motion pursuant to SEQRA to declare this a Type II action which will have no material adverse impact on the environment, seconded by Mr. Morabito. Motion carried unanimously. Mr. Occhipinti made a motion to approve the application, seconded by Mrs. Mauhs. Motion carried unanimously. IN THE MATTER OF THE A & S MACHINE SHOP, NORTH TARRYTOWN, NEW YORK 10591 Mr. Cappello made a motion to postpone the application for one month, seconded by Mr. Morabito. Motion carried unanimously. IN THE MATTER OF LARRY REGAN 52 COLLEGE AVENUE, NORTH TARRYTOWN, NEW YORK 10591 ', Mr. Hughes, Esq. who is representing Mr. Regan submitted three financial statements which is included in a memorandum dated August 5, 1994 and submitted was also the commitment letter from CPC and the contract of sale. The issue to focus on is the economics of the project. Mr. Regan would like to buy the property and rehabilitate it. The current owner's economic situation is that he has no rental income and large obligations between mortgages and accrued interested on tax liens. This property is going to be foreclosed very shortly. �Mr. Anello stated that the third analysis shows a 9 family residence. Mr. Hughes stated that based upon more equity into the project and less debt. THe project is viable with lower rents. The equity comes from sale of low-income tax credits. There are programs available through the federal government. The present credits can be sold in year one. He feels it's not appropriate for the project because you must rent to low income families less than 50% of median income and he would rather keep it at market value. With nine families there would be four bedroom apartments for larger families. They are looking for the single, professional people. Mr. Regan stated that he did not want to do a low income project but to do a market rate project. Mr. Regan prepared the financial statement because it was requested. They want to devolop a project of one to two bedroom units, not for large families. There was a fire in 1992. The insurance company is in litigation. This is why the property has not been rebuilt. The lav/suit is now -in federal court and it will be be approximately 18 month before discussion. This is a long term situation. An appraisal at this point was submitted to the Board. This building has been in existence for a long time and only has been out of existence for a short period of time. The neighborhood has not changed much. The only change was the Zoning which changed in 1987 regarding the parking requirement. Mr. Hughes believes that he has sufficient evidence. According to the Zoning Code if there has been a fire you have more than one year to restore the use. Mr. Caetano of 43 Lawrence Avenue stated that being there was a fire and the project is being held up because of the insurance company, this application should be granted and it will not cause a conflict. Mr. Checchi, of 51 College Avenue stated that he has been living in the Village for over 50 years and there isn't enough parking spaces now and parking can be built in back of the building because the creek has been diverted. Mr. Peter Cullen of 42 College Avenue stated that he has a fourfamily home and only three parking spaces. Four people have to park on the street. M. Reinhart of College Avenue asked the Zoning Board for the ultimate scenarios. There should be a comprise between the parking spaces. .-j-_cs4=:$fs-J «*-&s* »*i^^^i£fcfci^^ �Mr. Checchi stated that the creek was. piped in at 143 Washington Street and it was diverted. Mr. Turnquist stated that Mr. Vieira had the stream piped under the condos. Mr. Margotta stated that this may of happened prior to all regulations of the DEC and EAC. Mr. Morabito mad a motion to close the public hearing, seconded by Mrs. Mauhs. Motion carried unanimously. DISCUSSION; Mr. Morabito stated that years ago there was no environmental concern. The number of parking spaces prior to the fire was 10-12 spaces. This application would increase the number of parking spaces. Mr. Anello stated that in final consideration, this will benefit the applicants and would also benefit the community. Mr. Anello made a motion pursuant to SEQRA to declare this a Type II action which will have no material adverse impact on the environment, seconded by Mr. Occhipinti. Motion carried. Mr. Anello made a motion to approve the plans as submitted, seconded by Mr. Occhipinti. Motion carried 5-1 with Mr. Cappello voting no. IN THE MATTER OF RODRIQUES, 180 VALLEY STREET, NORTH TARRYTOWN, NEW YORK 10591 Mr. Cappello made a motion to extend the approval for six months, seconded by Mr. Morabito. Motion carried unanimously. IN THE MATTER OF OMAR RIVERO, NORTH TARRYTOWN, NEW YORK 10591 Mr. Robert Barstow who is representing the Riveros stated that they are not living in the house now. Mr. Barstow stated that he is requesting an area variance to allow one addition to the rear of £he house which would provide two additional bedrooms,.to the one existing. This is a one story house. Most of the neighborhood is a two story structure. Because of Mr. Rivero's disability he is unable to reside at the structure. He also said there is not enough room. This would help make the dwelling more accessible and efficient. The lot size is 4,000 sq.ft. The lot coverage is now 33% and the proposed increase would be 37.5%. The front yard setback would remain the same. �RESOLUTION Adopted at the August 17, 1994 meeting of the Village of North Tarrytown Zoning Board of Appeals RESOLUTION: Application for Permission to construct an addition to premises located at 15 Elm Street, North Tarrytown, NY Applicant: OmarRivero Location: 15 Elm Street, North Tarrytown, NY WHEREAS, the Zoning Board of Appeals of the Village of North Tarrytown has reviewed an application for a ruling from the denial of a Building Permit for the construction of an addition at premises located at 15 Elm Street, North Tarrytown, New York in that the same would be in violation of Schedule of Regulations of the Zoning Code, Part I, the premises are also known as Section 15, Lot 6, Block 14. WHEREAS, a public hearing was held by the Zoning Board of Appeals on August 17, 1994 at which time all interested persons and parties present were heard, and relevant documentation and testimony were presented to and considered by the Zoning Board; and WHEREAS, as part of its review, the Zoning Board has reviewed documents, statements and plans, including the following: 1. Plans submitted for the construction of the addition at the premises; 2. Application submitted by Omar Rivero. 3. A short form Environmental Assessment Form (EAF). WHEREAS, the Zoning Board has determined that all of the conditions with regard to the zoning requirements are pre-existing and the plight of the applicant is due to unique circumstances beyond the control of the applicant affecting the subject property and not to general conditions in the neighborhood; WHEREAS, the use to be authorized by the variance will not alter the essential character of the neighborhood and is in reasonable harmony with the intent of the zoning law; and I WHEREAS, the requested variance will not have an adverse aesthetic, environmental or ecological impact on the property or on surrounding areas, otehrwise be injurious to the neighborhood or determinental to the public welfare; $ ^riatvJfc-o U>- -""• . ^ ^ K ^ ^ - ^ ^ » a ^ i ^ ^ �NOW, THEREFORE; BE IT RESOLVED, that-the Zoning Board of Appeals designates itself as Lead Agency under SEQRA and declares this to be a Type II action and issues a Negative Declaration; and be it FURTHER RESOLVED, that the Zoning Board of Appeals the requested variance to the applicant and further directs the Building Inspector to issue a building permit for the construction of same. Dated: September 21, 1994 Janet Gandolfo, Attorney �RESOLUTION Adopted at the August 17, 1994 meeting of the Village of North Tarrytown Zoning Board of Appeals RESOLUTION: Application for Permission to use premises for the installation of electrical wiring for lights, sirens and radios on fire and police motor vehicles at premises located at 80 Chestnut Street, North Tarrytown Applicant: Dominick Pulsoni , Location: 80 Chestnut Street, North Tarrytown, NY WHEREAS, the Zoning Board of Appeals of the Village of North Tarrytown has reviewed an application for a ruling from the denial of a Building Permit for the use of premises for the installation of electrical wiring for lights, sirens and radios on fire and police motor vehicles at 80 Chestnut Street, North Tarrytown, New York in that the same would be in violation of Schedule of Regulations of the Zoning Code, Part II, the premises are also known as Section 16, Lot 11, Block 9.1. WHEREAS, a public hearing was held by the Zoning Board of Appeals on August 17, 1994 at which time all interested persons and parties present were heard, and relevant documentation and testimony were presented to and considered by the Zoning Board; and WHEREAS, as part of its review, the Zoning Board has reviewed documents, statements and plans, including the following: 1. Application submitted by Dominick Pulsoni. 2. A short form Environmental Assessment Form (EAF). WHEREAS, the Zoning Board has determined that all of the conditions with regard to the zoning requirements are pre-existing and the plight of the applicant is due to unique circumstances beyond the control of the applicant affecting the subject property and not to general conditions in the neighborhood; z _? f f I _ WHEREAS, the use to be authorized by the variance will not alter the essential character of the neighborhood and is in reasonable harmony with the intent of the zoning law; and 1 i | |^^ l^P - - - - - . . . . . . . WHEREAS, the requested variance will not have an adverse aesthetic, environmental or ecological impact on the property or on surrounding areas, otehrwise be injurious to the neighborhood or determinental to the public welfare; I i -»-5^r«^S:slfeft-*^aOiS^^Wii*lrSiefei»,ai«i®^^ �WHEREAS, the Zoning Board determined that the premises in question had been used for the recited purpose for many years with no detriment to the neighborhood; NOW, THEREFORE, BE IT RESOLVED, that the Zoning Board of Appeals designates itself as Lead Agency under SEQRA and declares this to be a Type II action and issues a Negative Declaration; and be it FURTHER RESOLVED, that the Zoning Board of Appeals the requested variance to the applicant and further directs the Building Inspector to issue a building permit for the construction of same, provided that the applicant use the premises only for that use for which the variance was granted. �t RESOLUTION Adopted at the August 17, 1994 meeting of the Village of North Tarrytown Zoning Board of Appeals RESOLUTION: Application for the construction of a single-family residence in the R-3 District wherein the two side yards together would total 14' instead of the required 15' and wherein the front yard setback would be 17' instead of the required 20'. Applicant: John and Maureen Petry Location: Webber Avenue, North Tarrytown, NY Premises are known as Section 17, Block 7, Lot 20. WHEREAS, the Zoning Board of Appeals of the Village of North Tarrytown has reviewed an application for a ruling from the denial of a Building Permit for the construction of a single-family residence in the R-3 District on Webber Avenue, North Tarrytown, New York in that the same would be in violation of Schedule of Regulations of the Zoning Code, Part I. WHEREAS, a public hearing was commenced on July 20, 1994 by the Zoning Board of Appeals. However, at that time, it was determined that the required public notices had not been served on all parties as required by the Code of the Village of North Tarrytown. Thereafter, a public hearing was again scheduled for August 17, 1994 at which time all interested persons and parties present were heard, and relevant documentation and testimony were presented to and considered by the Zoning Board; and WHEREAS, as part of its review, the Zoning Board has reviewed documents, statements and plans, including the following: 1. Application submitted by John and Maureen Petry. 2. A short form Environmental Assessment Form (EAF). 3. Survey certified by John J. Muldoon, Licensed Surveyor. WHEREAS, the Zoning Board made the following findings of fact: a) The front yard variance was requested to create a covered front porch. The land in question slopes downward and moving the structure further back would create an economic hardship because of the need for extensivefillin order to complete the construction. �b) Several of the other homes on the street were built before the existing zoning code and are all much closer than the minimum 20* front yard setback. c) The applicants have chosen a manufactured house and the dimensions are 40' x 27'. The structure would only need a variance of 1' to meet the sideyard minimum. d) The only complaint from the neighborhood was the objection from the property owners to the north of the subject premises. These property owners were concerned about the blocking of light on their houes as a result of the new structure. It was determined by the Zoning Board that the applicants could actually move the structure closer to the property line of these neighbors if they desired. And, by keeping the new structure closer to Amos Avenue, the light to these property owners is less impeded than if the applicants chose to place the structure to meet the front yard minimum requirements. e) The subject premises are currently nonconforming because of a garage which is situated directly on the property line. The applicants intend to remove this nonconforming structure and the new structure will be in compliance with the Code more than the existing structure. f) The Zoning Board determined that similar applications for setback requirements had been granted in this neighborhood within the last two years. g) The applicant presented proof to the Zoning Board that to order a smaller prefab house would be extremely costly and involve an entire new design. WHEREAS, the Building Inspector has commented that he has no objections to the granting of the requested variances; and WHEREAS, the Zoning Board has determined that all of the conditions with regard to the zoning requirements are pre-existing and the plight of the applicant is due to unique circumstances beyond the control of the applicant affecting the subject property and not to general conditions in the neighborhood; WHEREAS, the use to be authorized by the variance will not alter the essential character of the neighborhood and is in reasonable harmony with the intent of the zoning law; and WHEREAS, the requested variance will not have an adverse aesthetic, environmental or ecological impact on the property or on surrounding areas, otehrwise be injurious to the neighborhood or determinental to the public welfare; NOW, THEREFORE, BE IT RESOLVED, that the Zoning Board of Appeals designates itself as Lead Agency under SEQRA and declares this to be a Type II action and issues a Negative Declaration; and be it '^^^iS^^^^AJki^£»-i^^tiiWi^Aj^'^asJi^M^ia^^^1t^^^i �NOW, THEREFORE, BE IT RESOLVED, thaMhe Zoning Board of Appeals designates itself as Lead Agency under SEQRA and declares this to be a Type II action and issues a Negative Declaration; and be it FURTHER RESOLVED, that the Zoning Board of Appeals the requested variance to the applicant and further directs the Building Inspector to issue a building permit for the construction of same. Dated: September 21, 1994 met Gandolfo, Mtorney -? ^ » ^ " - r ' . * - . « ^ - t « - A « ^ ^ < J 3 - - . . ! i ^ ^ �RESOLUTION Adopted at the August 17, 1994 meeting of the Village of North Tarrytown Zoning Board of Appeals RESOLUTION: Application for the renovation of a 17 unit apartment house Applicant: Regan Development Corp. Location: 52 College Avenue, North Tarrytown, NY Premises are known as Section 16, Block 17, Lot 9. WHEREAS, the Zoning Board of Appeals of the Village of North Tarrytown has reviewed an application for a ruling from the denial of a Building Permit for the renovation of a 17 unit apartment building in that the same would be in violation of Schedule of Regulations of the Zoning Code, Part I. WHEREAS, a public hearing was commenced on July 20, 1994 by the Zoning Board of Appeals and adjourned to August 17, 1994. The Zoning Board of Appeals directed the applicant to provide proof documenting financial hardship to support his application for the variances. Thereafter, the public hearing was adjourned to August 17, 1994 at which time all interested persons and parties present were heard, and relevant documentation and testimony were presented to and considered by the Zoning Board; and WHEREAS, as part of its review, the Zoning Board has reviewed documents, statements and plans, including the following: 1. Application submitted by 52 College Avenue Corp. 2. A short form Environmental Assessment Form (EAF). 3. A letter from Regan Development Corp. dated June 13, 1994 enclosing the contract of sale for the purchase of the premises. 4. A letter from John J. Hughes, Esq. dated August 8, 1994 enclosing a Memorandum of Law re: Section 7-712 (b) of the Village Law; Financial Evaluations for the use of the premises for 17 residential units at fair market value, 9 residential units at fair market value and 9 residential units at low income rental rates; a letter dated August 5, 1994 from Environmental, Inc.; and a letter dated March 9, 1994 from the Community Preservation Corporation. WHEREAS, the Zoning Board made the following findings of fact: �The premises in question consisted of a residential apartment building containing 17 units of housing. On February 27, 1992, a fire destroyed a large section of the premises, rendering the building totally uninhabitable. In its investigation of the fire, the police department of the Village of North Tarrytown found evidence of a possible arson. At this time, the insurer of the premises refuses to pay any claim associated with the fire. The matter of the claim against the insurer is now in litigation. On February 28, 1994, the owner of the premises, Powell Blakeslee, entered into a contract of sale with 26 Orchard Street Corp., a domestic corporation wholly owned by Regan Development Corp., the applicant in this variance proceeding. Neither the current owner nor the applicant can realize a reasonable return from the premises. The current owner of the premises has suffered a total loss of all revenue which has been occasioned by the fire which occurred on February 27, 1992. There has been no rental income since that date. There have been ongoing costs attributable to mortgage expenses, real property taxes, insurance and property maintenance. At this time, the real estate taxes owed by the owner of the property are approximately $63,000. The Town of Mount Pleasant intends to foreclose on the tax liens for the premises. In addition, the holders of the Notes and Mortgages on the property will soon foreclose their interests. The financial documentation which were submitted by the applicant show that if the variances were granted, the project would yield a net profit of $11,627.84. The applicant also demonstrated that if 9 units were granted the project would experience a net loss of $13,072.16. The applicant also showed that if 9 low income rental units were constructed the result would be a net profit of $7,765.96. WHEREAS, the Building Inspector has commented that he has no objections to the granting of the requested variances; and WHEREAS, for the above reasons, the Zoning Board has determined that all of the conditions with regard to the zoning requirements are pre-existing and the plight of the applicant is due to unique circumstances beyond the control of the applicant affecting the subject property and not to general conditions in the neighborhood; WHEREAS, the use to be authorized by the variance will not alter the essential character of the neighborhood and is in reasonable harmony with the intent of the zoning law; and WHEREAS, the requested variance will not have an adverse aesthetic, environmental or ecological impact on the property or on surrounding areas, otherwise be injurious to the neighborhood or detrimental to the public welfare; WHEREAS, the unnecessary hardship claimed as a ground for the variance has not been created by the applicant by reason of the fact that the hardship arose as a result of a fire at the premises; �NOW, THEREFORE, BE IT RESOLVED, that, the Zoning Board of Appeals designates itself as Lead Agency under SEQRA and declares this to be a Type II action and issues a Negative Declaration; and be it FURTHER RESOLVED, that the Zoning Board of Appeals the requested variances to the applicants and further directs the Building Inspector to issue a building permit for the construction of same. � 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-1994 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_1994-08-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-1994 Date A point or period of time associated with an event in the lifecycle of the resource 1994 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/52e540a4821b1569644b4f64c401bbc6.pdf 4e2ac149f748263613b89a5d27c20cb4 PDF Text Text » Mr. Rivaro stated that he purchased the house threes years ago and now would like to be with his family. Mr. Margotta stated that this is a typical undersized home which is not unusual, since none of the houses in the area conform. Mrs. Mauhs made a motion to close the Public Hearing, seconded by Mr. Anello. Motion carried unanimously. Mr. Morabito stated that there is no reason not to grant the variance and made a motion pursuant to SEQRA, that this is a Type II action and it will have no material adverse impact on the environment. Same was seconded by Mrs. Mauhs. Motion carried unanimously. Mr. Morabito made a motion to grant the application submitted, seconded by Mr. Occhipinti. Motion carried unanimously. IN THE MATTER OF PULSONI, 8 0 CHESTNUT STREET, NORTH TARRYTOWN, NEW YORK 10591 It was mentioned that this garage was being used for an automotive use.' Mr. Pulsoni stated that he only does electrical work, etc. on emergency cars only. Mr. Cappello stated that this is not an automotive shop. Mr. Anello made a motion to close the public hearing, seconded by Mr. Morabito. Motion carried unanimously. Mr. Morabito made a motion pursuant to SEQRA, that this is a Type II action and that it will have no adverse impact on the environment. Same was seconded by Mrs. Mauhs. Motion carried unanimously. Mr. Morabito made a motion to grant the variance on the condition that this work could not be done on Sunday, and permitted to do only the work that has been set forth in the application, seconded by Mr. McClean. Motion carried unanimously. MINUTES A motion was made to approve the minutes of July 20, 1994 with the corrections as follow, Page 1 First and Second Paragraph should read 3 feet not inches. Page 7 the last line should be alleviated, seconded by Mr. McLean. Motion carried unanimously. Being no further business the meeting was adjourned. Respectfully submitted, Christine Yurkovic �Approved w M h respect to substance and form: Village Attune DaCted: P/'7/T«/ Approved by the Zoning Board Chairman.or Acting Chairman Dated: F/r7/f^ Filed with Village Clerk a . Css. -Gierk—or—Deputy Clerk Dated: <p//p-/q Y 0 Date &t Meeting * Z*^)£&z-&&,z-iJ^,'&* -V^-d^C^^S^^^ ,m- �r REGULAR MEETING NORTH TARRYTOWN, NEW YORK July 20, 1994 A regular meeting of the North Tarrytown Zoning Board of Appeals was held on July 21, 1994 at 8:00 p.m. in the Village Hall, 28 Beekman Avenue, North Tarrytown, N.Y. PRESENT: Frank Paolantonio, Chairman Frank Occhipinti Rhonda Mauhs Gary McLean Robert Anello John Cappello John Morabito ALSO PRESENT: Janet Gandolfo, Attorney James Margotta, Building Inspector Chairman Paolantonio called the meeting to order at 8:05 p.m. 1. James and Lawrence Tino - Application Clerk read the notice of Notice of Public Hearing to hear and consider an appeal by James and Lawrence Tino from a decision of the Building Inspector which denied a Building Permit for the construction of a patio at 10 Anderson Avenue on the following grounds: One side yard is required to be a minimum of 3" and both side yards must add up to 12". The proposed plan indicates one side yard is 3" and both side yards add up to 6f . Green cards were turned over to the clerk by Mr. Tino, who also stated that some were undeliverable. Chairman Paolantonio asked Mr. Tino if he wanted to make any comments. Mr. Tino stated that his son lives there with his wife and child. He went on to say that the objective of the project is a patio and play area for the child and that it was more of a landscape then a construction. He feels that this would improve the area. He turned over copies of property owner's signatures who are in favor. Discussion on the type of patio and structure between board members and Mr. Tino. Chairman Paolantonio asked if the board had any questions or If anybody from the audience had any comments. �PAGE t No'comments from the audience. Motion to close the Public Hearing carried unanimously. Chairman Paolantonio: "Anybody from the board have any comments?" John Cappello: "I think that it would be a big improvement in the area and also I went to look at the patio and its pretty well in bad shape. I think it will be a nice improvement." Rhonda Mauhs agreed. Gary McLean: "I agree. I wonder if the hedges are going to come down and something's going to go up like he says. Maybe we should make that a condition. John Cappello asked Mr. Tino if he would make sure that he would replace the hedges. Mr. Tino: "Yes, sir." Discussion between the board and Janet Gandolfo about the short form evaluation - Type 2 Action. Rhonda Mauhs made a motion that pursuant to SEQRA. This is a Type 2 Action and will have no material adverse impact on the enviroment. Seconded by Frank Occipinti and carried unanimously. John Morabito: "I make a motion that the variance be granted with the stipulation that Mr.Tino plant hedges at least 5 feet tall around the patio. Seconded by John Cappello and motion carried unanimously. 2. A & S Machine Shop - Application Clerk read the notice of Notice of Public Hearing to hear and consider an appeal by A & S Machine Shop from a decision of the Building Inspector who issued an order to remove an out-door storage from a vacant lot on Clinton Street on the following grounds: Applicant has stored concrete forms, tires, reinforcing steels and other storage items. Such an out-door storage use Is prohibited ais per the schedule of regulation part 2 of the Village Zoning Ordience which does not provide for out-door storage use in the C-2 district. �PAGE 3 The premises are known as Section 16, block 8, lots 28 & 29 on the Tax Accessment records of the Village of North Tarry town. Chairman Paolantonio asked if the applicant was present. Mr. Schiavone responded "I have operated a machine shop and in the later part of the 80's I bought a piece of property adjoining the back of my building facing Clinton Street. I have been paying taxes on that for quite a while. I'm retired. The reason why I'm retired is because I had 4 customers in 40 years and they're no longer around. General Motors is here and General Motors has helped me out in 1990. I decided to retire in 1990. I have been trying to sell this property and I haven't been successful for many reasons., which there's no need to discuss that now. This fellow by the name of Julio, who does Company work in the city, he came to me and asked me if he could rent the space to store his Company equipment. Now, he also asked me if he could park cars in there. Now, I didn't like the idea but he never park cars in there. He put a sign there to park cars. I understand the Building Inspector wouldn't like that. The reason I agree with that is I put him on a 90 day cancellation lease. This is getting rough on me paying taxes on my building and the property behind it. The property behind it is assessed at $77,000. I pay about $2,500. a year in taxes. This property helps me pay my taxes and insurance. I'm having a rough time because I'm retired and I'm 77 years old. I want to sell the property but still I must pay my taxes. And I intend to. I beg you people to give me the variance. As soon as I sell the property, he's out. But until then, it's getting rough. I ask you people to have compassion and help me. I have been a good taxpayer and a good neighbor and I don't believe anybody has anything to say about my virtue in the past." Discussion followed between Mr. Schiavone and the board about his financial hardships, his efforts to sell the property, and his reason for purchasing the property. Chairman Paolantonio: "Are you through with your comments? Does anybody else in the audience have any comments on this hearing?" No comments from the audience. Gary McLean: "I move that this public hearing be closed." Rhonda Mauhs seconded the motion. �PAGE 4 Chairman Paolantionio: "Public Hearing is now closed." James Margotta: "May I say something? One of the problems that have come up to my attention is that the neighbors were complaining that 1. The man renting the lot is repairing automobiles in the evening on the lot and 2. There were several tires left on the lot. There was dirt, nobody knew what was in the dirt, you don't know if it's contaminated slush. People across the street objected to all this stored items in the lot. Chairman Paolantonio: "Are those people here tonight to voice their opinions?" James Margotta: "Well, I can't bring them here. They called me down there and brought this to my attention." Discussion followed Members differed oh whether hardships and his effort to indicated that he is having because of the neighborhood about the storage variance. Mr.Schiavone established his sell the property. Mr. Schiavone trouble selling his property it's in. After a long discussion , Frank Occhipinti made a motion to deny the Variance. Robert Anello seconded Chairman Paolantonio: "Motion on the floor.All in favor?" Motion not carried. Mr. Schiavone was asked by John Cappello if he was willing to produce proof of what he's been doing to sell his property, like ads in the paper, etc. Mr. Schiavone indicated that he was. Rhonda Mauhs: "I move that we table this discussion until next month." Chairman Paolantonio: "Motion on the floor that the applicant comes back for a continuation of this Hearing at the next meeting of the Board. All in favor? Motion carried unanimously. Applicant was advised to bring every possible �PAGE 5 documentation to prove and show financial hardship, attempts to sell the property, etc. 3. John and Maureen Petry - Application The clerk read the notice of Notice of Public Hearing to hear and consider an appeal by John and Maureen Petry from a decision of the Building Inspector which denied a Building Permit and a construction of a single family residence on Weber Avenue on the following grounds: For the construction in the R-3 district, a minimum side yard of 5* is required. In addition, the two side yards together must total 15'. The construction as proposed will result in the two side yards together totaling in 14'. The R-3 district also requires a 20 foot front yard setback. The proposed struture has a 17' front yard setback. As a result a 3 1 front yard setback variance is forced by the applicant. As per the schedule of regulations, Part 1 of the Zoning Ordience of the Village of North Tarrytown, the premises are known as section 17, block 7, lot 20 on the tax accessment records of the Village of North Tarrytown. Chairman Paolantonio read a letter from the Petrys addressed to the Chairman of the Zoning Board of Appeals. Mr. Petry showed and explained the blueprints of the structure tc board members. Discussion followed on the proposed structure Chairman Paolantonio asked if anybody in the audience had any comments. Mr. Weeks from 174 Webber Ave. asked to speak. "I would like to submit a number of documents for public record. One is a letter from myself and my wife. We are very concerned about the size of this proposed house. We are also concerned of the change of character in the neighborhood We are also concern with the loss of sunlight. Another is a petition signed by the neighbors oh Webber Ave. who are also objecting to any variance granted for this construction." It was determined that all the public notices were not sent. Chairman Paolantion cancelled this hearing and deferred it for next month's meeting. Mr. Petry was advised to re-notice everyone. Mr. Weeks took back the documents he submitted to re-submit them at next month's meeting. �PAGE 6 4. 52 College Avenue The following documents were submitted to the clerk. A petition of 52 College Ave. neighbors who oppose the granting of a variance; copy of Schedule "A"; contract of sale papers Clerk read the notice of Notice of Public Hearing upon the applicant of 52 College Avenue Corp for an appeal from the Building Inspector denying a Building Permit for the renovation of an apartment house located at 52 College Avenue. The schedule of regulations Part 1 of the Village Code of the Village of North Tarrytown requires a multipal residence in the R-5 district to provide for a minimum lot side of 26,000 sq. ft. for a 17 unit apartment house. The property herein is 14,000 sq. ft. The code also requires a minimum of a 20 ' front yard setback. The actual front yard is 6.25 feet. The side yard requirement of the code is a minimum of 5 feet on one side with a total of 15 feet on both sides. One side is 3.5 feet and the total is 13.93 feet. Section 62-14E of the code requires 30 on site parking spaces. The application provides for 17 spaces. The premises in question are disignated on the tax accessment maps of the Village of North Tarrytown as Section 16, Block 17, Lot 9. Chairman Paolantonio turned the floor over to Ron Turnquist, the Architect for 52 College Avenue. Ron Turnquist, referring to the site plans (previously handed out) explained the plan and the renovations. Also, he discussed the parking problem. Larry Regan explained the economic hardships of the project. The building is up for foreclosure by the town of Mt. Pleasant. The building has been vacant due to fire damage. Contracts have been signed. Back taxes are around $280,000 and around $80,000 are due to the Village. If the foreclosure takes place,they will lose the building and the money already invested plus the Village will lose all the taxes. The building will go back to the town of Mt. Pleasant. He went on to explain the decay that the building has suffered and will suffer as it sits vacant. He stated the urgent need for the variance in order to go ahead and get started as soon as possible. Discussion on whether the building is non-conforming. Discussion between Mr. Regan, Mr. Turnquist and board members about the price of the property and the size ^ i m & ^ f e s i f e b ^ ^ ^5i:v.>afl ^a* . =ii*--.::_ «--™,S-ffr:t.^"^«K*i\3fti!*s;lii*-ajj:-r^."s):iS*i �PAGE 7 of the units. Mr. Regan indicated that no changes could be made as far as the renovation of the building, meaning the sizes of the units. Also, they are searching for alternatives on how to eleviate the parking problem. Chairman Paolantoriio: "Anyone from the audience have any comments? You sir, your name and address, please." Richard Blancato, 360 South Broadway, Tarrytown, N.Y. Attorney representing the neighbors at 52 College Avenue. I have submitted for the record a petition of 30 signatures of the neighbors opposing the grant of any variances. What I've heard so far from the applicant, he has not submitted any proof of financial hardship. The proof of hardship should be that of the owner and not his. It should be in dollars and cents what the owner paid for the property and what he has invested so far. He feels that dollars and cents proof is required in order to obtain a variance and this has not been given. "I will agree that under certain circumtances where a high degree of proof has been submitted to show that it's the only possible way that the owner can get a return from his property with no fault of his own, then a variance can be granted. I don't see any proof." Discussion again followed whether it's a non-conforming use and whether the proof of financial hardship by the owner has been proven. Chairman Paolantonio asked if anybody else in the audience had anything to say pertaining to this application. Ms. Bernhart stated concern about the parking situation. Charlie Carlson indicated that part of his property is on the drivway of the building. Mr. Galella expressed concern about parking. Mr. Ugo Cheechi expressed concern about the parking £«d the sizes of the units. Mario Belanich questioned the number of units in the building and whether the basement is going to be occupied. Also, the number of parking spaces. Discussion on the parking aspect between board and audience followed. Man in audience advised the board not to repeat the mistake of Cortlandt Street* Chairman Paolantonio asked for a motion to close the Public Hearing. John Cappello made the motion and John Morabito seconded it* �PAGE 8 Motion carried. Discussion followed between board members with Mr. Anello pointing out that the board hadn't received enough information about the financial hardship by the owner. To study more on the environmental aspects a long form should be requested from the applicant. Ron Turnquist asked who would pay the cost. Janet Gandolfo answered that the applicant would pay the cost. Discussion on the Zoning Board asking for a long form followed between Janet Gandolfo and Ron Turnquist and board members. John Cappello: "Ron, I want to say something, I work with the school system and I'm very consiencious about children I know for a fact that there is an awful lot of kids on that street, o.k.? By adding 30 more cars, is going to, in my opinion create some kind of problem. What I want to do is get it clear in my mind by a professional to say NO or to say YES. That's all I'm asking." "My concern is #1,the children." Comments again on parking by members of the audience. Chairman Paolantonio stated that he isn't going to recognize anybody else from the audience."I want to see what the board has to say." Mr. Anello commented that we are looking for more information from the applicant. John Morabito: "The issue here is the number of families. We cut down on families-we cut down on parking. Chairman Paolantonio: "What I'm getting from the board - I don't think they're going to give 17 units17 is out. I think if you give us a number, the bottom line.. . Mr. Regan: "I don't think I can get less." Discussion on cutting the number of units between board members and Mr. Regan. John Cappello made a motion to continue the discussion at the next meeting. Gary McLean seconded. Motion carried. �PAGE Mr. Regan: "I'll be happy to comply with all the information and if it doesn't meet with your requirements I'll be happy to submit a long form. I know all the issues that have been addressed here tonight and I will come back with all the documentation that you are looking for" John Cappello made a motion to direct the applicant to submit a long form. Seconded by Gary McLean. Motion carried. Review and corrections made on minutes of June 15, 1994. There being no further business to come before the board, the meeting was adjourned. Respectfully submitted Carmen G. Mariano Recording Secretary �r&fcl? u John & Maureen Petry 748 Sleepy Hollow Road Briarcliff Manor, NY 10510 July 15, 1994 Chairman of the Zoning Board of Appeals Village of North Tarrytown 28 Beekman Avenue North Tarrytown, NY 10510 Dear Mr. Chairman: This letter is in reference to the two variances being sought for the construction of a single family home on Amos Street (R-3). Specifically, these are: (1) a front yard setback of 17' rather than the required 20' and (2) a 1' side yard variance. Our two side yards together equal 14' rather than the required 15'. We are requesting a front yard variance to create a covered front porch without pushing the main structure of the house further back on the property. The land slopes downward and moving the house further back would create an economic hardship because much more fill would be required to complete construction. Since neighboring properties were built before the existing code and are also closer to the street than 20', this plan would be aesthetically pleasing. In the matter of the side yard variance, we have chosen a manufactured house the dimensions of which are 40' x 27'. This puts us 1' out of compliance with the code. We would like to create as much living space as possible and therefore, are seeking the variance.^ Currently, the property garage that is situated construction this would be in closer compliance situation. is nonconforming because of a right on the property line. During be removed and the new house would with the code than the existing 1 of 2 �Listed below are a number of precedents established by the zoning board in the R-3 zoning area. The list is arranged in reverse chronological order so that the most recent variances granted are listed first. John Maiirer 23 Amos St. Front yard setback to allow 14' for roof over front stoop. Mr & Mrs. R. David 140 Webber Avenue Installation of covered porch Kringas 149 Webber Ave Lot size reduction for a nonconforming five family dwelling John M. Arcate 225 Webber Ave Rear yard depth of 18 * to erect a shed Karr Webber Avenue To allow 12 1/2' frontage for subdivision and construction of one family home. Looking forward to seeing you at the public hearing on the 20th of July. Sincerely, John & Maureen Petry cc: James T. Margotta Building Inspector Arthur Brady, Esq. 2 Of 2 �#/k>/fy MEMORANDUM TO: ZBA FROM: J. GANDOLFO, ESQ. RE: A & S MACHINE SI IOP APPLICATION The applicant is looking for a iis.c variance to store a backhoe, concrete forms, tires, reinforcing steel and other storage items on a vacant lot on Clinton Street. The property is in a C-2 district which does not provide for outdoor storage. A use variance requires a factual finding by this Board of the following: 1. The applicant is deprived of economic use or benefit from the property. 2. The hardship is unique, and does not apply to a substantial portion of neighborhood. 3. The variance will not alter the essential character of the neighborhood. 4. The alleged hardship is not self-created. Some pertinent information to obtain: 1. 2. 3. 4. 5. 6. What proof does applicant have that he has attempted to sell property. Specifically, what type of equipment is he looking to store? What other uses for property has he attempted? Has he applied to tax assessment reduction? Who pays the insurance on the property? Landlord or tenant? When did he purchase property and what was intended use at that time? If ZBA wishes to grant variance, certain conditions can be made part of approval: 1. Type of equipment to be stored. 2. Screening, etc. The applicant has filed a short form Environmental Assessment Form which is satisfactory. „ .,. -s. - , i . - i „ t »*^.W^>*-;rW4W«»-f.E#BSrj^-^^|^1j^ ^^-^^^^.-rJmi^mAm^-.^^iA&vi^^i-j^^-^^ �/ AS NEIGHBORS TO THE SUB-DIVISION ON AMOS STREET, WE WISH TO GO ON RECORD TO 'sTATE WE ARE IN FAVOR OF THE APPLICATION BY JOHN AND MAUREEN PETRY TO BUILD THE HOME THEY HAVE REQUESTED INCLUDING THE NEED FOR A 9" VARIANCE. AS RESIDENTS OF THE AREA, WE ARE LOOKING FORWARD TO THEM JOINING OUR NEIGHBORHOOD. NAME ADDRESS C o q ^ U . 1Y\ (WUW- \y - W^H&v4ffKf4=&=^- er- Of ' /L*4f*t<Wirt> .XjV^yg^ •e^ -L >&* • ,ff^ ** �%\M AS NEIGHBORS TO THE SUB-DIVISION ON AMOS STREET, WE WISH TO GO ON RECORD TO STATE WE ARE IN FAVOR OF THE APPLICATION BY JOHN AND MAUREEN PETRY TO BUILD THE HOME THEY HAVE REQUESTED INCLUDING THE NEED FOR A 9" VARIANCE. AS RESIDENTS OF THE AREA, WE ARE LOOKING FORWARD TO THEM JOINING OUR NEIGHBORHOOD. ADDRESS NAME is JJLtm, 7 f SX/sd Ak4W fid. junttc.arK, pJiMvTft/. (j-f. -c/^W ^a^u^^j /^y �AS NEIGHBORS TO THE SUB-DIVISION ON AMOS STREET, WE WISH TO GO ON RECORD TO STATE WE ARE IN FAVOR OF THE APPLICATION BY JOHN AND MAUREEN PETRY TO BUILD THE HOME THEY HAVE REQUESTED INCLUDING THE NEED FOR A 9 " VARIANCE. AS RESIDENTS OF THE AREA, WE ARE LOOKING FORWARD TO THEM JOINING OUR NEIGHBORHOOD. NAME CUMMLJ ADDRESS Qi4> 9fti^C^*Jk<L (j^JtMouCUy/tf^7 c«rrTK$uw^»«!SdtiS!3*s«srii*an»'rfit^^ �PETITION We, the undersigned residents of Webber Ave. in North Tarrytown, request that all the zoning ordinances relevant to the proposed dwelling on lot #2 of the subdivision at 41 Amos Street be upheld for this subdivision. We, the undersigned, also request that self-imposed hardship not be allowable justification for the granting of any zoning variances for the proposed dwelling on Lot #2 at .41 Amos Street. i\ NAME ADDRESS fhflky ,0,-Mw 'firbeting. Hoe. 'J A rt£s JiGtkt SIGNATURE & DATE % AUf / & & , . > if 3 ZrfLxA. '*'sr\J*yrxA/ » / ' �i -,-r PETITION We, the undersigned residents of Webber Ave. in North Tarrytown, request that all the zoning ordinances relevant to the proposed dwelling on lot #2 of the subdivision at 41 Amos Street be upheld for this subdivision. We, the undersigned, also request that self-imposed hardship not be allowable justification for the granting of any zoning variances for the proposed dwelling on Lot #2 at' 41 Amos Street. i\ SIGNATURE & DATE ADDRESS NAME a e. W*f.i fcwn h^Mitl •"flAnKtvit /SftoHte. ^»-3/^>A.5^;;iffe&t»^*.&ia'-^^ JV( XwJi �174 Webber Ave. No. Tarrytown, NY July 20, 1994 To: 10591 Zoning Board—Village of North Tarrytown Please be advised that we are not in favor of granting the requested variance for side yard setback for the proposed dwelling for Lot 2 of the Estate of Anna DeCarlo/Petry subdivision at 41 Amos Street. Our concerns are the following: 1) As residents of the adjacent property on the northerly side of Lot 2 (174 Webber Ave.), we are concerned that the granting of the variance will permit the construction of a dwelling that will be very large relative to the size of the lot on which it will be constructed. The "dwarfing" of our home by this proposed dwelling will have a direct and substantially negative impact on the amount of sunlight which our yard and house will receive. This will reduce the aesthetic and economic value of our property, in which we have made a substantive investment of time and money. This will also virtually eliminate our ability to garden anywhere on that side of our house or in our rear yard, and we are avid gardeners. We have attached a copy of an engineer's report including, but not limited to, the engineer's evaluation of the potential impact of the proposed dwelling on the amount of sunlight received by our property. 2) There will be no hardship, other than self-imposed, which will be suffered by the variance applicants (Petry) if the zoning variance is denied. 3) We are concerned that the granting of this variance will not be in keeping with the purposes of "the Vi1lage's zoning regulations, which include regulation of the intensity of use and establishment of standards of development. We appreciate your consideration of our concerns regarding this matter. Respectfully submitted. Glenn Weeks Maria G. Weeks Enc. �AGOSTINO G. PAESE, P. E. N. Y. S. Lie. No. 40011 Consulting Engineer 1 Lakcvillc Drive, Ossining, N. Y. 10562 (H) (914)762-2214 (0) 762-8675 July 15, 1994 Mr. Glenn T. Weeks 174 Webber Avenue North Tarrytovn, N.Y. 10591 Re: Petry/DeCarlo Subdivision adjoining 174 Webber Ave. North Tarrytovn (V). Dear Mr. Weeks: Please be advised that an extensive and exhaustive site engineering inspection and investigation of the above-noted twolot subdivision adjoining 174 Webber Avenue vas conducted on Thursday, July 14, 1994.. As requested, we have reviewed the various documents associated with this submission and respectfully offer the following comments and suggestions. 1- Large pool of water 'trapped' at N.W. corner of Lot 2 due to current flooding rains. All topo maps show contours directing stormwater surface flow to the N.W. corner of Lot 2. Surface flow from the southerly parcels, as well as from Amos Street, all converge to the N.W. corner of Lot 2. (The proposed driveway for Lot 2 from Webber Avenue crosses directly over this constantly flooded area—all the more reason for the Lot 2 driveway to be off of Amos Street.) 2- Since you have a full basement below ground, the addition of the proposed residence and the wide and extended driveway (if constructed as proposed) will produce 65% £ of roof and paved area, leaving only 35% +, of the grass area for drainage, will definitely cause you serious subsurface water problems at the S.W. corner of your residence. It is strongly suggested that a concrete curtain wall be constructed along the entire length of your southerly property line to prevent excessive stormwater surface flows from entering your property and basement. 3- Webber Avenue is a narrow through County road with no shoulders and no parking. There are much to many driveways along Webber Avenue making it very unsafe for driveway access and egress, whereas Amos Street is a much wider dead end street. It would be much safer if the driveways for Lots 1 & 2 came off, of Amos Street. Westchester County DPW »ay also frown on SENIOR PUBLIC HEALTH ENGR. Certif. #291, 3-28-66 FELLOW. AMERICAN SOCIETY OF CIVIL ENGINEERS MEMBER. NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS �two additional driveways on Webber Avenue, Driveways off of Webber Avenue at the low points of Lots 1 & 2 could prove to be a bad design decision during the winter snow and ice season, (constantly wet, icey, and slippery) Should the existing garage and driveway at Lot 2 from Amos Street be removed, then curbing should be replaced to prevent stormwater surface flow from entering Lot 2. and thence onto your property. Your offer to share the cost in removing the very large tree on the property line at the N.E. corner of Lot 2 should be conyeyed to the applicant. It is my considered professional opinion that serious stormwater runoff problems presently exist at Lot 2. The proposed improvements will make matters,worse with the added roof areas and driveway areas and not addressingsthe "problem of stormwater damage to 174 Webber ^Avenue and stormwater conveyance from*the^ area in guestion. The addition of the curtain wall, stormwater conveyance, and relocating the driveways to Amos Street will go a long way in preventing future stormwater problems at the low end of Lot 2 and at 174 Webber Avenue. *** If I can be of any further assistance please feel free to call me. **P.S. Please be further advised that it appears that the planned structure for Lot 2 may place your house in a Res major shade area for part of the day. gostino 6. Paese, P.E. w/encls. **:HV:VSV^..M ;.^;--;.'*VS*',T,-- ^ i . ^ r - f t y-.• SENIOR PUBLIC HEALTH ENGR. C e r t i f . # 2 9 1 , 3 - 2 8 - 6 6 FELLOW. AMERICAN SOCIETY OF CIVIL ENGINEERS MEMBER, NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS �PETITION We, the undersigned residents of Webber Ave. in North Tarrytown, request that all the zoning ordinances relevant to the proposed dwelling on lot #2 of the subdivision at 41 Amos Street be upheld for this subdivision. We, the undersigned, also request that self-imposed hardship not be allowable justification for the granting of any zoning variances for the proposed dwelling on Lot #2 at 41 Amos Street. ADDRESS NAME SIGNATURE-& DATE & 0- 6 _ykM^££^msid 14Q ultima? .Que S^eagl hAAi^MS 1^ (Meeeeiz. Ave /¥"? &*&,&«*- /4vif y&4.. <.Jo*s Hsii~*i+Gp^. dj ^/f %//?/9y �08/17/94 08*47 2 P.62 8/16/94 Sherwood Construction Company Incorporated 22 West First Street-Suite 421 Mount Vernon N.Y. 10550 Telephone: (914)668-2800 Facsimile : (914)668-3324 Proposal Submitted to: Larry Regan Work To Be Performed At; 52 College Ave. RE: Rear Parking Area; Tarrytown N.Y, Scone Of Work Option A: Excavate and Grade Existing Surface to accommodate 17 car spaces. Resurface using black top, line and mark out parking spaces cariaway all related debris. Option B; Excavate new footing approximately 22 f from existing perimeter, form and pour a 6' footing using 36001B concrete. Build a retaining wall 116' x 75' x l 7 \ Reroute stream bed, provide exterior lighting. Price for Option A, Twenty Nine Thousand Dollars ($29,000.00) Price for Option B, Seventy Two Thousand Dollars ($72,000.00) Total Price for complete job- Option A + Option B One hundred + One Thousand ($101,000) �SCHEDULE ii & ii ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Village of North Tarrytown, Town of Mount Pleasant, County of Westchester and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of College Avenue where the same is intersected by the division line between premises herein described on the West and lands now or formerly on Nichols on the East; said point being distant 247.45 feet westerly as measured along the southerly side of College Avenue from the intersection of the southerly side of College Avenue and the Westerly side of Washington Street; running thence South 01 degrees 20' 00" East 205 feet to a point; running thence North 84 degrees 49' 00" West 70.46 feet to the lands now or formerly of Oliver B. 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Premises: 52 College Avenue We, the undersigned who are neighbors of 52 College Avenue, hereby oppose the granting of a use variance to allow the renovation of the burned out building at 52 College Avenue for seventeen apartments, on the ground that the prior non-conforming use was abondoned; the property size is only half of the size required for 17 apartments; it does not meet the yard or parking requirements; it is not compatable with other usesin the neighborhood; and the application has failed to prove economic hardshii ¥6 Cd»veee fa J/lZn »<*=*, asu^> 9ZT Cq/fe& SU>€_ /O 11 jd ~rzr r^^~ €S H i<_« a 4_r' •d.:L--..** k V itv^a«iJb&^4ei«Jjiae!i«ESSj!dE*»« �r' Zoning Board of Appeals Village of North Tarrytown Village hall 28 Beekman Avenue North Tarrytown, New York 10591 Re: Application of 52 College Avenue Corp. Premises: 52 College Avenue We, the undersigned who are neighbors of 52 College Avenue, hereby oppose the granting of a use variance to allow the renovation of the burned out building at 52 College Avenue for seventeen apartments, on the ground that the prior non-conforming use was abondoned; the property size is only half of the size required for 17 apartments; it does not meet the yard or parking requirements; it is not compatable with other usesin the neighborhood; and the application has failed to prove economic hardship. mv S*7 Ce>C€c^ ^~t, 0 ->£> ^Y^m^M a^ ?. h ll fl^-f /(ft/get/, (jxc/r &AUf %h fW; av 1 *v GAUA I . A K zZ^LtL. HU^LL % ^W^ (hx u K uJL/^^t-* ^ft*- /S^s. 'c**-^ \ �s V S Zoning Board of Appeals Village of North Tarrytown Village hall 28 Beekman Avenue North Tarrytown, New York 10591 Re: Application of 52 College Avenue Corp. Premises; 52 College Avenue We, the undersigned who are neighbors of 52 College Avenue, hereby oppose the granting of a use variance to allow the renovation of the burned out building at 52 College Avenue for seventeen apartments, on the ground that the prior non-cohformirig use was abondoned; the property size is only half of the size required for 17 apartments; it does not meet the yard or parking requirements; it is not compatable with other usesin the neighborhood; and the application has failed to prove economic hardship. V 32-' � 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-1994 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_1994-07-20 Subject The topic of the resource Zoning Board Minutes & Resolutions-1994 Date A point or period of time associated with an event in the lifecycle of the resource 1994 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/9be91f801ab114a2ff382b326235682a.pdf f2a0d99a5cf1bb6ca35aae4d389a1bbc PDF Text Text Approved with respect to substance and form: V i l l a g e Att9afney. Darted: / Approved by t h e Zoning Board *t TTl**l Chairman or Acti] Apting Chairman man or Dated: Filed with Village Clerk jr Deputy Clerk Dated: ILL?-/^^ Juy)^ \£T /? ? ^ r\-F M o o f i Datea of Meetingr » n r / ' �PAGE #1 REGULAR MEETING NORTH TARRYTOWN, NEW YORK June 15, 1994 A regular meeting of the North Tarrytown Zoning Board of Appeals was held on June 15, 1994 at 8:00 p.m. in the Village Hall, 28 Beekman Avenue, North Tarrytown , N.Y. PRESENT: Frank Paolantonio Frank Occhipinti Rhonda;Mauhs John Sherwood Robert Anello John Cappello ALSO PRESENT: Janet Gandolfo, Attorney James Margotta, Building Inspector Chairman Paolantonio called the meeting to order at 8:05 pm 1. Public Hearing - Dennis Batchie, 95 Beekman Avenue, Ice Cream and Coffee Shop Clerk read the notice of Notice of Public Hearing to hear and consider an appeal by Dennis and Elizabeth Batchie from a decision of the Building Inspector which denied a Building Permit for the establishment of the Ice Cream and Coffee Shop at 95 Beekman Avenue, North Tarrytown, New York on the following grounds: 1. The proposed shop is within 200 feet of two Delicatessens and two taverns. The Zoning Ordinance provides that no portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall be within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar. Chairman Paolantonio asked if there was anyone present who would like to address the board. Mr. Dennis Batchie came foward and distributed to the Board copies of the store plans. He stated that certain things that appeared on the plan will not be in the �store, such as:Three stools at the counter; or 5 at the most. fewer PAGE #2 tables-4 Mr. Batchie replied that it would be Ice Cream and different kinds of coffee-Cappuccino etc. Eventually he would like to get a European slush machine that makes different types of ices. There might be on the weekends different pastries to have with the coffee. Its mostly going to be Ice Cream, about 30 flavors. Mr. Cappello asked if there's going to be custard Mr. Batchie:"There's going to be frozen yogurt-not soft Ice Cream." Chairman Paolantonio asked if any sandwiches or other food were going to be served. Mr. Batchie:"No." Chairman Paolantonio:"In the future, six months down the road?" Mr. Batchie:"as far as food, Bagels with Cream Cheese. There will be no carving of any kind of meat there is no room for it. Mr. Batchie:"I did try to open up a little bit earlier, and was just relying on the Ice cream to make the money, but because of the work the store needs and the time its going to take I feel that towards the cooler weather we'll sell just as much coffee as Ice Cream. In other words if I was opened up already I would rely mostly on Ice Cream. But like I said, its going to take a month to a month and a half to get the store the way I want to see it." Mrs. Batchie stated that their intention is to have something nice where people could go and have a cup of coffee or Ice Cream in a pleasant surrounding. There's no where to do that in North Tarrytown. Chairman Paolantonio asked if there were any more comments. Catherine Guarnieu stated that the town would benefit by something like this. Chairman Paolantonio asked that members of the audience to state their names and addresses. J*i*h- . ,-;> « « ^i*=HiSfiisa»3sfasrf^ �PAGE #3 Chairman Paolantonio asked if anybody else had comments. Mrs Beverly Garland said:"We would like to really see this store open. It would be refreshing from the bars and delis to have an Ice Cream store - especially being that the one on Valley Street closed down, which left us with nothing. We have to go to Elmsford or to Baskin Robbins in Tarrytown,. It would be refreshing to see that type of establishment in town." Chairman Paolantonio:"Anybody else have any comments." M. George Samaris : "I'm sorry I'm late. Can you repeat." Chairman Paolantonio:"Mr. Batchie's Ice Cream Store Mr. Samaris:"Ice Cream Store?" Chairman Paolantonio: "at the V.T. Building." Beekman Avenue, Mr. Samaris:"O.K. The only thing I'm asking your board to follow and approve what we have in the book. What the book says. If they can't open - There is no more Ice Cream - no more food establishment - no more restaurants and beverages to be open." Chairman Paolantonio:"You are wrong.An Ice Cream store is not part of that. The Zoning Ordinance provides that no portion of the property used for a restaurant or food service establishment or delicatessen or tavern or ,bar should be within two hundred(200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." Store. Mr. Samaris:"This man is asking for Ice Cream What is he going to have beside ice cream?" Mr. Batchie:"Coffee, too. Specialty coffees." Mr.Samaris: "Coffee, too? That means that you want to sell coffee like other stores? We sell specialty coffee, too. All our coffee comes from Colombia, Mexico, etc. That means coffee is an issue here." .•-^.^^^^.-^w-^tf^^^^ �\ PAGE #4 from. Mr. Batchie: "It doesn't matter where the coffee is It's the way you present it." Mr. Samaris:"It's up to the Board to enforce the law. We have a problem and we still have problems going on and we have to stop that. We don't want to hurt another merchant. We have hardship here in the village. Everybody knows we try to make our living here and we don't want to hurt nobody. . You come with any new business and you are welcome, but we don't want to hurt the people who have been here 15, 20, 30 years in this business to be hurt." Mr. Chairman Paolantonio:"May I say something? Let me tell you something. This law wasn't put in the books to stop any competition , it's far from it." Mr. Samaris:"It's okay - We passed last month something that we are not supposed to pass. We have to know something in this Village of what's going on. We're not jumping above the law. We have to know something. We have to enforce the law or we don't have to enforce the law. Yfe have law here - no food, restaurant, no deli, we pass, you pass, your board passed-something not supposed to be pass. If this law doesn't have to be enforced, send it to the Board of Trustees and change the law and then everybody can do what they want." Chairman Paolantonio:"I'm sorry that you feel that way, Mr. Samaris. You can petition the Board of Trustees, but this Board doesn't have the power to do that. This Board only hears certain appeals within this book." Discussion continued between Mr. Samaris and Chairman Paolantonio. Mr. Samaris insisted that the Board follow the book and Chairman Paolantonio tried to explain the purpose of an appeal before the ZBA. Mr. James Magotta: "We are enforcing the law and I hear everybody saying that the law is not being enforced. The law is being enforced. You are wrong when you say the law is not being enforced. The reason this gentleman is here is because the law is being enforced. He came to me and asked me if he could put this Ice Cream Store in and I denied him permission to put it in. I enforced the law. I said no. He is asking this Board for a relief from that decision. So when you say that the law is not being enforced, you are not quite right. The law is being enforced." Mr. Samaris rzpz?- continued to argue with Mr. Margotta �PAGE #5 about the law Chairman Paolantonio asked Mr. Samaris to address him and the Board Mr. Samaris argued that Mr. Margotta spoke to him without permission and continued to argue about the law. Chairman Paolantonio asked Mr. Margotta if he had something to say. Mr. Margotta stated that he is not defending the Board. "I'm not saying that the Board is right or wrong. I'm saying that I enforced the law, to the letter of the law. I had this gentleman come here for a variance. I turned him down. I refused to let him have an Ice Cream Store. He is here for a relief of that decision and its up to these gentlemen and lady to make that decision." Chairman Paolantonio: "Anyone else?" Woman in audience:"I was just thinking, whether this Ice Cream place is 30 feet from a delicatessen, pizzeria, bar or "lOinches away from it. All we have around here is delicatessens and bars. These places don't serve Ice Cream. They can't do damage to these other places they don't serve homemade coffee. Cappucchino, Cuban, Mexican. When you go to a deli all you can buy is regular coffee. In the morning, in the afternoon." Chairman Paolantonio:"Ma'am-the ordinance reads 200 feet from a Bar or Restaurant or food establishment. That's why he is here." Woman in audience:"I want to know if you're going to change the variance." Ellie Samaris:" I have one more question, Mr. Chairman. The only reason that there's arguments is the fact that there's a law in the book. There's an ordinance, right? And if you're going to vote on the ordinance, you go by the ordinance. If you*re not,then we can all agree and nobody would be arguing with each other anymore. It's not fair for us or you guys sitting out here to hear all this." Chairman Paolantonio:"I don't know how to put this. If you are convicted of a crime. They tell..'you thatyou're guilty, can't you appeal that verdict? That's what this guy is doing." Discussion ensued between Board and Ellie Samaris about the i-»., .iAiiibCi.••-.-'-$•*ESr. « J >'»4*t«i^A?i!fea*S^^^g^^»fi*iiSs^4K^^^^S^»S3^&fe^S �PAGE #6 law. Beverly Garland: "What can be done to change that ordinance of the 200 feet? Chairman Paolantonio: "You've got to appeal to the Board of Trustees to change the law. You've got to petition the Board of Trustees. Chairman Paolantonio:"Any other comments? motion to close this public hearing issue." Mrs. Ma.uh,s: -.. "So moved;1' Mr .Occhipmt 1: "Seconded" I 111. entertain Chairman Paolantonio:"All in favor-" All Board members agreed. Chairman Paolantonio: "This public hearing is closed. Nobody in audience is allowed to speak. Does anybody have any special comments?" Mr. Cappello: "I thin you made a very good point. The law was not really intended to deal with Ice Cream parlors. Chairman Paolantonio: "Anyone else?" Mrs. Mauhs: "I move the ZBA assume le d agency status and determine that the subject application is a Type II Action and that a Negative Declaration be issued." Seconded by Mr. Anello and approved unanimously. Mr. Cappello: "Let me move that the application be granted with the condition no service of cold cuts or soups be permitted." Seconded by Mr. Occhipinti arid approved unanimously. �PAGE #7 2. Public Hearing -M. Bastos. 47 Clinton Street-Wholesale and Retail Outlet for Beer and Soda. Clerk read the Notice of Public Hearing to hear and consider an appeal by M. Bastos from a decision of the Building Inspector which denied a building permit for opening a wholesale and retail outlet for Beer and Soda at 47 Clinton Street on the following grounds: 47 Clinton Street is within 200 feet of the delicatessen on the corner of Dep'este'r and Clinton # Section 62 - Sub section 20.1 of the Zoning ordinance requires 200 feet between such establishment. In the c-2 Zone one parking space is required for each 1500 square feet of floor area and one off street loading space is required. In the instant plan no parking or loading space is provided. .'/ • . - - - Chairman Paolantonio:"Anybody here for the applicant?" John Hughes (attorney for applicant): Let me first describe the property and the proposed use. The property was damaged by fire about two or three years ago. It has since been fully rehabilitated. It has been on the property record cards as nine residential units and two retail stores. Mr. Bastos owns the building. YJhat he proposes is to own and operate a store which will deal in only soda and beer, something like a very small type of store like Luberger's. A place where you'll go to buy those two items. I'm not asking for a variance. I'm asking you to find that this particular provision of the law simply does not apply. Mr. Occhipinti:"Is beer or soda going to be served on th premises?" Mr. Hughes: "No." Mr. Occhipinti: "So, it's going to be sold in cases or in six packs?" Mr. Hughes:" Correct. Taken away. Simply off premise consumption." Mr. Hughes: "I don't believe that section 62.20 applies to this particular situation and I'm asking you for a ruling. The way I look at it , it says restaurant and I don't believe this is a restaurant. Nor it's a food service �PAGE #8 establishment or a delicatessen or a tavern or a bar. In terms of the parking, there is a parking in form of a driveway on one side of the building in which you can pull in a truck off the street for deliveries. The area is question is only 500 square feet. This is not going to be a very big store. Its going to be a small store." Mr. Hughes: "The building over the years has been apointed as residential apartments. All of which have been cleaned up at this point and time and it's back where it should be. Nine units of residential apartments and two retail store outlets which is on the building records. Discussion on parking took place between the board and Mr. Hughes. Chairman Paolantonio: "Anybody else have any comments? Mr. Hughes, are you finished?" Mr. Hughes: "Yes, I'm finished." Chairman Paolantonio: "If there is no further comments, I' 11 a mot. to close this Public hearing." Mr. Occhipinti:"I move to close this Public hearing." Chairman Paolantonio:"Who seconds the motion?" Mr. Anello: "I second the motion." Chairman Paolantonio:"All in favor." Motion carried unanimously. Chairman Paolantonio: "OK, lets have a discussion on this. Retail outlet for beer and soda only." Mr. Anello: " I think we need to discuss whether it needs a variance under the section 62 restaurant code. What the code states is that food has to be served on the premises with individual service." So I suggest that he doesn't need a variance for what he proposes to do. wesh° u l d rule that it's not covered by that section. Chairman Paolantonio: "You want to make that motion now?" Discussion on the interpretation of the zoning code. Chairman Paolantonio: comments?" "Anybody else have any �PAGE #9 Mr. Anello: "I make a motion that the applicant does not need a variance from section 62.20 of the zoning code." Mrs. Mauhs: "Second" Chairman Paolantonio: "All in favor?" Motion carried unanimously. • The Board review the minutes of the Zoning Board meeting of May 18,1994 and the following amendments and changes were approved unanimously. 1. Insert after last paragraph, page 3: Mr. Tucciarone also stated that Mr. Rodriguez had problems renting the stores he owns across the street because many tenants were looking to establish delis. It was very difficult for him to rent and he believes he would have the same problem at these premises He stated that the emphasis at this store would be on the retail grocery aspect of the business. He would be selling Portuguese specialties. There is no other store like it in the community. Mr. Tucciarone said that it was the intent of the Village to try to diversify the types of stores in the Village and this fits in with the intent of the code. 2. Insert after second paragraph, page 6: Mr. Anello also stated that a discussion of the nev/ law pertaining to the criteria a Zoning Board must review when considering an area variance is in order. The Board of Appeals must balance two elements: the benefit to the applicant from the variance and the detriment to the health, safety and welfare of the community or neighborhood that would occur if the variance was to be granted. The law sets forth five (5) factors for the board to consider in balancing the interests: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the grant of the variance. Mr. Anello stated that he did not believe that an undesirable change would be produced in the character of the neighborhood in that the area is commercial at the present time. Also^ there would be no detriment to nearby properties. 2. Whether the benefit sought by the applicant can be achieved by some feasible method other than a variance. Mr. Anello did not believe that there was any other way to achieve Mr. Rodiguez1 goals. ~jr~iziz«3?.*fi^.i: KSiA l > » L ^ ^^W^U^F^^-sSi^i^^ �PAGE #10 3. Whether the requested variance is substantial Mr . Anell o stated that the variance is not substantial in that most of the store would be for the sale of groceries and only a small portion of the store would be used for the deli . 4. Whether the proposed variance will have an adverse e ffect of impact on the physical or environmental condi t ions in the neighborhood. Mr. Anello believe that this appl ication would actually improve the condition of the neighborh ood. 5. Whether the alleged difficulty was self-crea ted. Mr. Anello believed that this was the only factor go ing against the application but this should not preclude the granting of an area variance. 3. Replace paragraph 5, page 6 with the following: Mr. Occhipinti stated thai the Zoning Board has previously granted variances for three applications which came before it since this Code was adopted. Variances were granted for a restaurant at the Sleepy Hollow Restoration, there were three other variances given for the same thing in the last t.wa (2) years and most recently, a variance was for given by the ZBA a-pizza parlor on Beekman Avenue. He doesn't see why this Board should not grant Mr. Rodriguez his variance. The Board also voted to approve the formal resolutions for the Rodriguez application and the Collins application (said resolutions are part of the official minutes of the Village Clerk). Motions to approve the formal resolutions were made and passed unanimously. There being no further business to come before the board, the meeting was adjourned. Respectfully submitted, Carmen G. Mariano Recording Secretary ••c,_---. ~<^i'i*^r^^^-3^c-^&^^. $ 3sJ3t£»i£s.<j a ^ % f f i ^ ^ ^ s a l ^ g ^ ^ ^ ^ ^ ^ �'•'-• t-l i^'J.<_PJ. L//i& Pwri <JctA6&L NORTH TARRYTOWN, N.y. APARTMENTS VAN TASS£L TAJWYTOWM CO. 9 5 BEEKMAN AYENUt 631-0645 June 13, 1994 Village of North Tarrytown 28 Beekman Avenue North Tarrytown, N.Y. 10591 Att: Mr. James T. Margotta Building Inspector Res 95 Beekman Avenue Ice Cream/Coffee Shop 15-11-18, 19/ 20 Dear Mr. Margotta: The intent of this letter is to support the variance application^filed with your office by Dennis and Elizabeth Batchie. This application was filed with our authorization and consent. Mr. and Mrs. Batchie was given a five (5) year lease for this space conditioned on obtaining the necessary variance and building permits I know you will find their paperwork in order and by granting them this variance we will together begin to improve the appearance of Beekman Avenue, Very truly yours, VAN TASSEL JSARRYTOWN COMPANY Robert P, Costello Managing Agent RFC:as BY FACSIMILE AND REGULAR MAIL 10'd 01 >?aoA reN »"iHna Niwwjoaa woad %p:ei ^SSI-SI-NTT �RESOLUTION Adopted at the July 20, 1994 meeting of the Village of North Tarrytown Zoning Board of Appeals RESOLUTION: Application for a Variance from Section 62-20 of the Zoning Code of the Village of North Tarrytown. Applicant: Dennis and Elizabeth Batchie Location: 95 Beekman Avenue, North Tarrytown, NY Type of Application: Request to construct an Ice Cream Parlor at the premises. WHEREAS, the Zoning Board of Appeals of the Village of North Tarrytown has reviewed an application for a ruling from the denial of a Building Permit for an Ice Cream Parlor at premises located at 95 Beekman Avenue, North Tarrytown, New York in that the same would be in violation of Section 62-20 of the Zoning Code prohibiting delicatessens, restaurants, etc. from opening within 200 feet of a similar type of establishment, the premises are also known as Section 15, Lot 11, Block 18, 19, and 20. WHEREAS, a public hearing was held by the Zoning Board of Appeals on June 15, 1994 at which time all interested persons and parties present were heard, and relevant documentation and testimony were presented to and considered by the Zoning Board; and WHEREAS, as part of its review, the Zoning Board has reviewed documents, statements and plans, including the following: 1. Plans submitted for the interior of the premises; 2. Application submitted by Dennis and Elizabeth Batchie. 3. A short form Environmental Assessment Form (EAF). WHEREAS, the Zoning Board has assumed Lead Agency Status and has determined that the subject application is a Type IT Action and issued a Negative Declaration under SEQRA; and WHEREAS, the Zoning Board has determined that the type of establishment proposed would be different than any other establishment presently located in the community and that an Ice Cream Parlor would be a welcome addition to the commercial district of North Tarrytown; NOW, THEREFORE, BE IT RESOLVED, that the Zoning Board of Appeals declares this to be a Type II action and issues a Negative Declaration. The Zoning Board �further directs the Building Inspector issue a building permit "to the applicant. Dated: July 20, 1994 c&>-&?^?4=t Frank Paolantonjb, Chairman Jafiet Gandolfo, Attorney eua^e? �RESOLUTION Adopted at the July 20, 1994 meeting of the Village of North Tarrytown Zoning Board of Appeals RESOLUTION: Application for a an Interpretation of Section 62-20 of the Zoning Code of the Village of North Tarrytown. Applicant: M. Bastos Location: 47 Clinton Street, North Tarrytown, NY Type of Application: Request to a beer and soda wholesale business at the premises. WHEREAS, the Zoning Board of Appeals of the Village of North Tarrytown has reviewed an application for a ruling from the denial of a Building Permit for a beer and soda wholesale business at premises located at 47 Clinton Street, North Tarrytown, New York in that the same would be in violation of Section 62-20 of the Zoning Code prohibiting delicatessens, restaurants, etc. from opening within 200 feet of a similar type of establishment, the premises are also known as Section 15, Lot 11, Block 18, 19, and 20. WHEREAS, a public hearing was held by the Zoning Board of Appeals on June 15, 1994 at which time all interested persons and parties present were heard, and relevant documentation and testimony were presented to and considered by the Zoning Board; and WHEREAS, as part of its review, the Zoning Board has reviewed documents, statements and plans, including the following: 1. Plans submitted for the interior of the premises; 2. Application submitted by M. Bastos. 3. A short form Environmental Assessment Form (EAF). WHEREAS, the Zoning Board has determined that the type of establishment proposed would be characterized as a grocery store and does not fall within the restrictions of Section 62-20 of the Zoning Code. �• NOW, THEREFORE, BE IT RESOLVED, that the Zoning Board of Appeals determines that the applicant does not need a variance for his proposed business and further directs the Building Inspector to issue a building permit for the construction of same. Dated: July 20, 1994 Frank Paolantonio, Chairman et Gandolfo, A/torney � 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-1994 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_1994-06-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-1994 Date A point or period of time associated with an event in the lifecycle of the resource 1994 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/5307d65e7d25df8d3f7475fb0f837c93.pdf 2cc9791201a38f2fd9ca86344b39cc61 PDF Text Text Approved witljj respect to substance and form: W1J Villfe&e At Datea: 1 Approved by the Zoning Board Chairman Acting Chairman man pr or ACTLJ Dated: Filed with Village Clerk Clerk: or Deputy Clerk Dated: & /2.f Dat65 of <Meetintr Weetinb f?Y �The following amendments were made to the May 18, 1994 minutes at the June 16, 1994 meeting. Motion to approve the minutes.with the changes was made by Rhonda Mauhs and seconde by Robert Anello. Motion carried unanimously. Respectfully submitted, Carmen:Mari ano �1. Insert after last paragraph, page 3: Mr, Tueciarone also stated that Mr..Rodrigues had problems renting the stores he owns across the street because many tenants were looking to establish delis. It was very difficult for him to rent and he believes he would.wave the same problem at these premises. He stated that the emphasis at this store would-be on the retail grocery aspect of the business. He would 2. Insert after paragraph, page 6: Mr. Annello also stated that a discussion of the new law pertaining to the criteria a Zoning Board must review when considering an area variance is in order. The Board of Appeals must balance two elements: the benefit to the applicant from the variance and the detriment to the health, safety and welfare of the community or neighborhood that would occur if the variance was to be granted. The law sets forth five (5) factors for the board to consider in balancing the interests: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to a nearby properties will be created by the grant of the variance. Mr. Annello stated that he did not believe that an undesirable change would be produced in the character of the neighborhood in that area is commercial at the present time. Also, there would be no detriment to nearby properties. 2. Whether the benefit sought by the applicant can be achieved by some feasible method other than a variance. Mr. Annello did not believe that there was any other way to achieve Mr. Rodriguez' goals. 3. Whether the requested variance is substantial. Mr. Annello stated that the variance is not substantial in.that most of the store would be for the sale of groceries and only a small portion of the store would be used for the deli. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood. Mr. Annello believe that this application would actually improve the condition of the neighborhood. 5. Whether the alleged difficulty was self-created. Mr. Annello believed that this was only factor going against the application but this should not preclude the granting of an area variance. 3. Replace paragraph 5, page 6 with the following: Mr. Occhipinti stated that the previous Zoning Board had previously granted variances for three recent applications which came before it since this Code was adopted. Variances were granted for a restaurant at the Sleepy Hollow Restoration, there were three other variances given for the same thing in the last two (2) years and most recently, a variance was given by this Board for a pizza parlor on Beekman Avenue. He doesn't see why this Board should not grant Mr. Rodriguez his variance. �!=f~ REGULAR MEETING NORTH TARRYTOWN, NEW YORK May 18th, 1994 A regular meeting of the North Tarrytown Zoning Board of Appeals was held on May 18th, 1994 at 8:00 P.M. in the Village Hall, 28 Beekman Avenue, North Tarrytown,N.Y. PRESENT: Frank Occhipinti Rhonda Mauhs Frank Paolantonio John Morabito John Sherwood Robert Anello John Cappello ALSO PRESENT: Janet Gandolfo, Attorney for Planning Board Donal Walsh, Village Attorney James Margotta, Building Inspector Acting Chairman Anello called the meeting to order at 8:10 P.M. stating that Mayor Treacy had asked, him to act as Chairman until the Board appointed one. Mr. Occhipinti moved, seconded by M s . Mauhs that M r . Anello be appointed to act as Chairman. Mr. Morabito moved, seconded by Mr. Cappello that Mr. Paolantonio be appointed Chairman as he has served for many years and is experienced. Mr. Walsh handed out ballots whereupon the members voted and the Acting Clerk collected the secret ballots. The Acting Clerk opened the ballots and the results were as follows: Mr. Paolantonio Mr. Anello 4 votes 3 votes The Clerk declared Mr. Paolantonio Chairman. Chairman Paolantonio said he would not tolerate arguing amongst the audience. He stated they were to address the Board and once the Public Hearing was closed, noo one in the audience would be allowed to interrupt the"discussion of the Beard members. Mr. Cannello moved, seconded bv Mr. Morabito that M r . Ane11o.be annointed Vice-Chairman to act in the absence of the Chairman. Carried. 1. Public Hearina-M. Bastos. 47 Clinton and Retail Outlet for Beer and Soda. Street-Wholesale Mr. Margotta stated that this matter has been taken -".„-3™->fej *%3S-,Li* > *- :^^ ^^^^r^^h s%^A^\^t^^ii^^^A 0 sSS^iisJ'S'i^S^ �off the calendar at the applicant's request. 2. Public Hearing: Brian Collins, 146 Webber AvenueCertificate of Occupancy. Clerk read the Notice of Public Hearing to hear and consider an appeal by Brian Collins from a decision of the Building Inspector which denied a final Certificate of Occupancy for 146 Webber Avenue, North Tarrytown, New York on the following grounds: "As Built" construction varies from approvals in that the existing balcony or terrace construction projects more than the permitted 8 feet. Section 62, Subsection 13B (A) of the Village Zoning Ordinance . Mr. Collins presented the Affidavit of Service to the Clerk. Mr. Margotta stated that he was asking the Board to render an interpretation of the Code with regard to the "as built" construction of a so called balcony or terrace or if it is part of the stairs. Mr. Collins stated that the "as built" stairs varied slightly from the approved plans. It was necessary to vary the construction slightly due to the steepness of the original stairs. He stated there : were landings constructed as the original plan for the stairs were too steep and dangerous. Chairman Paolantonio asked if there was anyone present who would like to address the Board. Mr. Margotta stated that a letter had been received from M r s . Maher, a neighbor, who was in favor of granting the request. (Copy in Official Minutes). Mr. Morabito moved, seconded by Mr. Cappello that the Public Hearing be closed. Carried. Discussion followed regarding the original site plan and the building as constructed. Mr. Margotta stated there were no variances needed for bhe construction of the residence. Mr. Morabito stated he felt that the landings are part of the stairs. Mr. Occhipinti felt it was a part of the stairs arid had no objections. �6/8/94 -3Mr. Morabito moved, seconded by Mr. Cappello that the Board has determined that the stairs and-landings as constructed comply with the code and the Building Inspector be directed to grant a Certificate of Occupancy. Carried. 3. Public Hearing: Laurentino Rodrigues, 185 Valley StreetApplication for a Deli. Clerk read the Notice of Public Hearing to hear and consider an appeal by Laurentino Rodrigues from a decision of the Building Inspector which denied a building permit to install a full service delicatessen at 185 Valley Street on the following grounds: The Zoning Ordinance provides that no portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall be within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar. The proposed delicatessen would be within two hundred (200) feet of another such delicatessen. All as per Section 6 2 , Subsection 2 0 . 1 , of the Village Zoning Ordinance. Mr. Rodrigues presented the Affidavit of Service to the Clerk. Chairman Paolantonio asked if there was anyone present who would like to address the Board. .gned by stating they were in favor of the (Petition in Official Minutes) . Mr. Tucciarone stated that the market would be selling fresh fish, fresh fruits and vegetables. It would cater to the Portuguese.community. M r . Tucciaronestated that M r . Rodrigues has spent $200,000 in the purchase of the property and will be spending at least $250,000. in the renovation of the building. He stated he has a tentative tenant who is interested in opening this type of market in the area and it is needed in the area, since nothing like it exists. He stated there.is some opposition to the plan and stated that other merchants have raised concerns that competition will be a problem to other businesses located in the area. He also stated that several variances of this sort have been granted by the Zoning Board within the last two years, based on.their providing different food items, and/or appealing to a different market. He asked the Board to seriously review the matter, and urged them to grant the request. �-4Discussion followed regarding the number of delis, bars and taverns already in the area. Also discussed was the lack of parking and the additional traffic in the area. Mr. Rodrigues stated there are a lot of Portuguese residents in the Village and many would be coming to his store as they will specialize in Portuguese items. Chairman Paolantonio asked if there was anyone present who would like to address the Board. Mr. George Samaris, Valley Street presented a Petition to the Board.- signed by over 500 residents who were opposed to the granting of a variance. He stated that many of the residents signing Mr. Rodrigues' petition have also signed his Petition. He spoke against the granting of a variance for another deli type store as there are too many in the Village. He asked that the Board enforce the ordiance r e stricting another deli within 200 feet of a present deli. Mr. Miguejjj imenez, local resident stated he owns .two stores in the vill'age and said that the law was enacted to protect the residents. He stated he was granted a variance to operate an "ice cream store" and discovered he could not survive just selling ice cream. He stated he also obtained a variance to open a "fish store" and closed after a month. Mr. Frank Rizzi, North Washington Street asked if a letter was received from the Mayor and Board of Trustees x regarding the matter. ^ Mr. Paolantonio stated that a letter was received from the Mayor and Board of Trustees but felt that the Zoning Board should not be influenced by the Mayor and Board of Trustees. Mr. Donald Caetano stated he was a resident of the Vlllage- fof over 37 years and stated that the ordinance was not enacted to protect the various merchants. He stated he felt that a good fish market was needed and urged the Board to grant the variance. ; The owner of Greene County Importing Co. stated he too has a large investment in his business and felt that a hardware store or other retail store would do better t h a n a n o t h e r deli type store. He stated he did not object to competition but these are hard economic - times for everyone and felt.that M r . Rodreiues was not-forced to buy the building and invest so much money. Mr. Ellie Samaris, stated another deli would not help the Village and asked that the Board not grant the'variance. Mr. Mario Belanich, North Washington Street spoke against the granting of the variance. :-**-•*. ^ ^ i ^ - t ^ p p y - i X -iiK -J3»-*a»_*Stf>aE Piiftr^fcStea^i-BS^sSifeifiii-^SAI^i^^^^^^ �6/8/94 - . _5- Nina Suchy, owner of a deli and catering store on Beekman Avenue stated that business has been slow lately and stated that various types of retail stores are needed in the Village, but not more delis. Mr. Scott Horecky, 95 Beekman Avenue stated that the Village needs revitalization and that the village is already full of bars and delis and spoke further against the granting of the variance. Mr. Frank Rey, former Mayor of the Village spoke stating that the Village adopted the ordinance regarding bars and delis to prevent more of them from opening and anticipating other types of retail businesses would come into the village. He stated that Mr. Rodrigues did not show hardship as the building isn't even completed yet. He also stated that the Hospital could be approached as they are always looking for space in the village. M s . Viola Andrecych, Webber Avenue stated that the village has a glut of similar delis and bars and the Board should not grant the variance. » Discussion followed regarding the definition of deli, market, food service establishment and other retail uses. M r . Walsh stated it was up to the Board to determine whether a variance is needed for this particular type of establishment. The key determining factor, he said, is if food made up in individual portions for on or off premises consumption is^offered - If so. as in this case, a variance is required. In addition, he said in response to a question frpm the Board, the key grounds used in the past to determine if a variance should be granted has to:do with a diverse use of the site, since the legislative intent was to encourage different types of businesses. Mr. Tucciarone stated that the store would be a "grocery meat market" type establishment, which did not exist in the area. There.being no further comments, M r . Cappello moved, seconded by Mr. Morabito that the Public Hearing be closed. Carried. M r . Morabito stated that the ordinance was specific, stating that another food establishment, restaurant or deli, or tavern or bar cannot be located within 200 feet of another such establishment unless a variance is granted. He stated he would oppose a variance as he would prefer another'" type of store be opened. Mr. Walsh suggested that the Board recess so that he could assemble all the documents that were presented to the Board for their review. He expressed his concern that since two individuals had threatened litigation, a full record of the Board's documents should be made. Chairman Paolantonio stated that the Board would recess for five minutes. After the brief recess, the meeting . continued. During the recess, the documents submitted in �6/8/94 -6* in support and against the application were assembled for the Board. These included the plans, the application and EAF, the Petitions for and against and the letter from the Trustees that was rejected by the Chair. Ms. Mauhs stated that the plans looked like the plans for a general grocery store rather than a deli type store. Chairman Paolantonio stated that the applicant has applied for a variance for a "deli". Mr. Anello stated that the store does not plan on having tables and feels that the area for food service is only a small area and agrees with M s . Mauhs. Mr. Occhipinti stated that if Mr. Rodrigues wants to take the chance on opening a deli we should grant him the variance. • Mr..Paolantonio stated that Mr. Rodrigues has not shown any hardship and felt some other type of store would be preferable. Mr. Occhipinti stated that the Zoning Board previously granted a variance to the Sleepy Hollow Restoration to serve food and does not have a problem with granting Mr. Rodrigues a variance for a deli. Mr. Occhipinti moved, seconded by M s . Mauhs that pursuant to SEQRA, this i s x a Type II Action and will have no adverse impact on the environment. Chairman Paolantonio polled the Board as follows: Ms. Mr. Mr. Mr. Mauhs Occhipinti Sherwood Anello Yes Yes Yes Yes M r . Morabito M r . Cappello M r . Paolantonio Yes Yes Did not Vote Chairman Paolantonio declared the motion carried. variance sit down and that catessen Mr. Occhipinti moved, seconded by M s . Mauhs that the be granted with the following provisions: that no tables be allowed and that there be no eating counter a Building Permit be issued for a full service delias requested. Chairman Paolantonio polled the Board as follows: Ms. Mr. Mr. Mr. Mauhs Occhipinti Sherwood Anello Yes Yes Yes Yes Mr. Morabito Mr. Cappello Mr. Paolantonio Chairman Paolantonio declared the motion No No No carried. �6/8/94 -7- 0 MINUTES Mr. Morabito moved, seconded by Mr. Paolantonio that the minutes of the March 23rd, 1994 meeting be accepted as c"llQ9£LLD submitted. Carried. Ms. Mauhs, Mr. Occhipinti, Mr. Sherwood; flfl. v-n»rt«' fthlP Mr. Anello abstained. There being.no further business to come before the Board Mr. Morabito moved, seconded by Ms. Mauhs that the same be duly adjourned. Carried. tfully s ene Amato Acting Clerk • • I., r^t, ^ . ^ _ ^ ; - , 3 . - £ i:^^lC-i^!£i*£^Jbfc5^^ �RESOLUTION Adopted at the May 18, 1994 meeting of the Village of North Tarrytown Zoning Board of Appeals RESOLUTION: Application for a Variance of Section 62-20.1 of the Zoning Code of the Village of North Tarrytown. Applicant: Laurentino Rodriguez Location: Valley Street, Valley Plaza Type of Variance: Area WHEREAS, the Zoning Board of Appeals of the Village of North Tarrytown has reviewed an application for a variance of Section 62-20.1 of the Zoning Code of the Village of North Tarrytown for the establishment of a full service delicatessen at Valley Plaza, North Tarrytown and further designated as Section 16 Block 11 Lo£ submitted by Laurentino Rodriquez (the "applicant"); and WHEREAS, a public hearing was held by the Zoning Board of Appeals on May 18, 1994 at which time all interested persons and parties present were heard, and relevant documentation and testimony were presented to and considered by the Zoning Board; and WHEREAS, as part of its review, the Zoning Board has reviewed documents, statements and plans, including the following: 1. Plans submitted for the interior of the store designed by Ron Tumquist, Architect dated 2. Petition submitted in opposition to the variance. 3. Petition submitted in favor of the variance. 4. Application for the variance submitted by Laurentino Rodriguez (the applicant). 5. A short form Environmental Assessment Form (EAF). WHEREAS, the Zoning Board has assumed Lead Agency Status and has determined that the subject application is a Type II Action and issued a Negative Declaration under SEQRA; and WHEREAS, the Zoning Board has determined that an undesirable change will not be produced in the character of the neighborhood nor will a detriment to nearby properties be created by the grant of an area variance. The neighborhood is commercial at the present time and this will not change the character at all; and •*^«, ..--^r'v^^vj-^'^.^^'i'iss i%^r ^i^i'S i:'j^-ikii^^£^^ �WHEREAS, the benefit sought cannot be achieved by some other feasible method; and WHEREAS, the requested variance is not substantial in that the portion of the premises to be used as a deli is small in relation to the portion of the premises to be used as a grocery store; and WHEREAS, the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. NOW, THEREFORE, BE IT RESOLVED, that the Zoning Board of Appeals declares this to be a Type II action and issues a Negative Declaration. The Zoning Board further grants the application for an area variance from Section 60-20.1 of the Zoning Code of the Village of North Tarrytown, and it is hereby granted in order to allow the Applicant to utilize a portion of the premises as a full service delicatessen, subject to the following conditions: (1) That no sit-down tables or eating counters be permitted. fQMWi AfciQU-r/oiO T^cz^^C Fft^K pfl^nNfjo^/OXHfl^Ma^ ATTORNS Y a s&e^o &sv^***s%^) SEcMTUfcY �I. » RESOLUTION # Adopted at the May 18, 1994 meeting of the Village of North Tarrytown Zoning Board of Appeals RESOLUTION: Application for a Certificate of Occupancy of the Zoning Code of the Village of North Tarrytown. Applicant: Brian Collins Location: 146 Webber Avenue, North Tarrytown, NY Type of Application: "As Built" construction varies from approvals granted in that the existing balcony construction projects more than the permitted eight (8) feet. WHEREAS, the Zoning Board of Appeals of the Village of North Tarrytown has reviewed an application for a ruling from the denial of a final Certificate of Occupancy for 146 Webber Avenue, North Tarrytown, New York in that the "as built" construction varies from approvals in that the existing balcony construction projects more than the permitted eight (8) feet; the premises also known as Section 17 , Lot 7 Block ll.B # WHEREAS, a public hearing was held by the Zoning Board of Appeals on May 18, 1994 at which time all interested persons and parties present were heard, and relevant documentation and testimony were presented to and considered by the Zoning Board; and WHEREAS, as part of its review, the Zoning Board has reviewed documents, statements and plans, including the following: 1. Plans submitted for the exteropr of the premises designed by 2. Application submitted by Brian Collins. 3. A short form Environmental Assessment Form (EAF). WHEREAS, the Zoning Board has assumed Lead Agency Status and has determined that the subject application is a Type II Action and issued a Negative Declaration under SEQRA; and WHEREAS, the Zoning Board has determined that the stairs and landings constructed at the premises comply with the Zoning Code; NOW, THEREFORE, BE IT RESOLVED, that the Zoning Board of Appeals declares this to be a Type II action and issues a Negative Declaration. The Zoning Board further directs the Building Inspector to grant a Certificate of Occupancy to the applicant. * W^ifn tfmriOh) ftPrnvep<^kf.4tihi. <,<&% 74?<t<**%rr^& 10-7^7-^X fX"-<jC*l^it^i*!S i*>**S -, rJ^^^^k%s^^-z^s.-M,'^^^J^£»^L3s �%LJ->' ******PETITION****** V * / We, the undersigned, support the application of LAURENTINO RODRIGUES to open a PORTUGESE MINI MARKET, featuring Portugese, Spanish and American foods, fish twice a week, meats, fresh fruit & vegetables, at 185 VALLEY STREET, NO. TARRYTOWN /* Jog/} fbe&IL' yicasaniu>)k &5bUXjJ)h % 25 Chestnut sr. Ho- lorrgfotoo K \CK Cftegr RRnhA «ry/9- s£. /,/• 7-&l'2isL. fj^tiy^f ctj c-WX*<^4 £.A. 27/S- /TTzfehhtafort* Z^C u-iiJ, 3 ^'O y (lo^^l . ^ 9 - s ± i _ i _ . . " t V g tviHa/: *&?*£•/ S 7 ^ m; 25? «i? ~&f ; u f^r^> * ^9ft_ A ^ :-X/ * it J a Rb^jjbm* €T~ H. TflftfeyTPa^ 3.T^> fi/lAhr/t ~>Mo (O^u^v^^sfc^"=..J^~ . f ^ / J B f e / issif �VJJ • •••••pgrpiTlON***** * We, the undersigned, support the application of LAURENTINO RODRIGUES to open a PORTUGESE MINI MARKET, featuring Portugese, Spanish and American foods, fish twice a week, meats, fresh fruit & vegetables, at 185 VALLEY STREET, NO. TARRYTOWN M. Qhurvud / /«« { i .A/V }3 yU/K0L^ £^ST?^ S%A,/l*S& >/ sc&id- £^/ ' ^ ' 'A* &•*/? w Ua^^-^o^jJckz^ rf nA^tii //• 2 5 Th^~^'s/. •-~~ / - ! ? " • - % . • f,->\ 5»s< ^ ^ c * —- ^^•x^^ii^AW^s^-js^^^ - �VI ** ****PETITION****** We, the undersigned, support the application of LAURENTINO RODRIGUES to open a PORTUGESE MINI MARKET, featuring Portugese, Spanish and American foods, fish twice a week, meats, fresh fruit & vegetables, at 185 VALLEY STREET, NO. TARRYTOWN (?&& C A m&Js&s- Ibn- cUU k t-^nl mx 'cn"x** < +X2V^&frd /^ Odic* vV.^w^f / ?P^ \%W*//&%. •UfT/'s/fcf \~r . ' gW^>5^ / t o ^ r - ^ J i'y7, ( X <(f> " u ^ ' i \SA(i( c rf~-~ A^>£> v^> ••y5>/ V /A&Q->)yTO*s*-<fJ Kreo.i-Afttyv QCtA>A^ I frlA^ ••>'>«••' "•- "'^SifIV.^.-fesX.!.^"^^&-iS-tv;^iivL-~iij-iAK^i3* �V **** **pETITION**** * * We, the undersigned, support the application of LAURENTINO RODRIGUES to open a PORTUGESE MINI MARKET, featuring Portugese,. Spanish and American foods, fish twice a week, meats, fresh fruit & vegetables, at 185 VALLEY STREET, NO. TARRYTOWN S o ^ N/ggg^ •yfo - G/fetrw&T tM^L^n^c^ ^Sc? C^O ^S^^^^^-^i^^,^^^ esr c:'/'<-,.7I> jfi &T. JTTC. A/Q- )/?t?/?yT- *(~& T A/ (/>%$//o \v_...J£ = wfi/ : 1/ 4 .-<_-. i-*-y^ ; -,:.-4';S'>.j I :"'*.;^ 1 e.'*'"itrltv-A ^.&>i-*js£iSsaiJL£S*-Vi: « y a J f i ^ ' �l.t ******PETITI0N****** We, the undersigned, support the application of LAURENTINO RODRIGUES to open a PORTUGESE MINI MARKET, featuring Portugese, Spanish and American foods, fish twice a week, meats, fresh fruit & vegetables, at 185 VALLEY STREET; NO. TARRYTOWN 'JjuejL <z> £>1 c-kesTuuT 1 M. A <s 5 ~f &> ^Jx(L £AJ>~ -oM a <' o c'J { o f- ce/s-cf co •&» 'C-frfrr-jjoi 6/ nA^ &/,'.; _ .^AS-dL/C US-t- _k£C£#^ CA/£ST7^>< /vT 6/ CLf-/^^n/(J Z (, I C W& £ TrUfiT 6-t &k G* ffv?. N T~ •// yrr C£AU.zy£L ^ M-^cM^ U£u^v&. // -£K Mi ujxuruuuuxc M ^ :-.-*-•; *^'^*^^'2^^-^t-*r*± -\lLJ**i^.f V"^fc^^;£/#^^ m ^ ~ �ii ******PETITION* ** * * * We, the undersigned, support the application of LAURENTINO RODRIGUES to open a PORTUGESE MINI MARKET, featuring Portugese, Spanish and American foods, fish twice a week, meats, fresh fruit & vegetables, at 185 VALLEY STREET, NO. TARRYTOWN t.'j ',CUXsO / s y/^j I ?0 VoU<y /U> tcr*f / c>J/Jn<js>r*/^juJ -yrT^dU fCjs)qjh~ c _ ivauhh^n i e o \JJ.w >i <j^ mo <jm^ m&ic i.D.-.\..x>e.x -•S^^sijc^i^^ rS#r< - - -• a--*.* - . Vr. i=^f»--:.^s -:_: . SI ; ^^-.-i&Jt .^ii- ^ ^ . s ^ k ^ S i : ^ i i ^ s S S j i . i ^ i f f % v ^ f i r i �• * ******p£rpj'PJON**** ** We, the undersigned, support the application of LAURENTINO RODRIGUES to open a PORTUGESE MINI MARKET, featuring Portugese, Spanish and American foods, fish twice a week, meats, fresh fruit & vegetables, at 185 VALLEY STREET, NO. TARRYTOWN ____————- , ,-P /J^tzu —^ ———— /ft yku&/ 5 7 => .._... )9*> -sO* H g.x sZ- Cfyt>#y£i*<4v^^ ''fid,a j- Hfttf<>Al--t'fZ _ _ /7 J 42JB. i K- ':-c/: Wo i/Altr/- <^- ^ Y / lie* '' • ' r - j ^ n ^ • • • "ft^* �Jk ** ** **PETITION****** We, the undersigned, support the application of LAURENTINO RODRIGUES to open a PORTUGESE MINI MARKET, featuring Portugese, Spanish and American foods, fish twice a week, meats, fresh fruit & vegetables, at 185 VALLEY STREET, NO. TARRYTOWN tun kVHWilHTW 2-2.1 -KJ*^!t)xz>**J aZ/? ?V^ <J ^-^ 7L. /// //' S&7 uJsi^//eS*i ±11 y r ^ ^ Q r Z^ / ^ //UP^ tf^^AlOy A/ uy*. Efccx *>H- 2? c&»JC*Jr - v t % •} cil^.l^J± J*-- C ' J V S J . aJftii--WceSi �******PETITION****** We, the undersigned, support the application of LAURENTINO RODRIGUES to open a PORTUGESE MINI MARKET, featuring Portugese, Spanish and American foods, fish twice a week, meats, fresh fruit & vegetables, at 185 VALLEY STREET, NO. TARRYTOWN *&•?- /<&$&/ �***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requestina variance of Local Law #62-20-1. M7F Uebift f/trtfc^ ^ VwTT cA /sr2 rvMJ&s tt/rf&r* ,^sr A/ * t. /si lUa J$^?*™ ^J h'7NAME: NAME: NAME: Z2 �U A ***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: ' "Restaurants, delicatessens, food establishments, „ taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the lav; anddeny any application requesting variance of Local Lav; W l E : - >$rif&fr\^j$?! NAME: ^^ciyf//CmclS/i NAME: NAME: NAME: NAME: NAME: NAME: NAME: NAME: NAME: NAME: NAME:, NAME: NAME: NAME: /fa Reeky*Axi Ave._ , i/0 /%*<e*y 5^* ^ w p^^^nyjpyM/? J<tf'f*y'J'QMl/;/t^? �(£> ***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishment's. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Law #62-20-1. NAME: C\AV NAME: h E l n ^ y D ZH&t/JAA NAME: NAME : ( ^/'/rz<4^^^^<~&^>"? NAME: *2f A) cihx. y sfr ?7?£X v5 5" _jZx^S^^^^^- NAME: / ^d* NAME:/&S-^A^ NAME: f3F/Jw£ NAME: CmZvXfr. NAME: Crr^ff «? N T T^^^ e.^ U//1^/ FAR/CL~(1 /%0 (te/U* 5,7 LQX-£> ep ey I r&c/2 L ll&kt.l^jaCo \/frULtf . S. /. tSA#f{*<LQf ^ • V~ (^-J L'F ^ t®-T ^T'S^V t ^v^ ^ NAME: \\<^y/_iJ-WXy^MJ NAME: ' % u : | ' m h ilfti ^ '/? /?'<?/fe<^1r Oy I ft fi &i/j^kd f o c co/fcy ft V3. a p^ 1 ^ tiJTft ^ f f i ^ ^ N A M E : ^ ^ ^ / ^ )Y\J^P C^r^r\ NAME: /fytf-fry,^ f^JL^ \f\G> JTALI*-*/ *Pt J\) T^AMfe**" �c * ***** ***** P E T I T I O N THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Law #62-20-1. NAME: NAME: Ifr 7 (JA//<^ - <A-6 /?6nA</hjyS2^ Us/Mut* NAME: <5-&04.<&E ^/pfr/JK/f-^ NAME: &yt/6cft^tffel 3/. U/^&tfi ftoKCs j)eJ') /?ST A^fey ^ / . &<?-&<y / fc) (}c^2fc^/f S:j « 'lUi XmP^fj^O NAME J NAME NAME joo NAME / ?0 - C&<JLC^ tX^± £ ^ ~ £//l£<L£>ur _^ . ST/C "£ {£*f ^ ^-c/ /7z J?*/./, 'ejt £ i4k/7% i^9//6r/- <r^s/'y NAME: ^7)jg>frrtgffk NAME: NAME: &mz "-.•/^^gg^y *&-? ¥ £* *£ ^/^ . <^ Asf «?? Jj/rmnn /¥//, Sfrtrftet-- / £ { //^Z/o yr s/ n j //— �© ***** ***** P E T I T I O N THE UNDERSIGNED APPEALS TO - THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Lav; #62-20-1/) -; ^ v $* NAME rrj/id/v*- /Q\L- ' ^ ^ I a - w ^ - H l "?"- [ N A M E ^ ^ / ^ /AdbwV - /#Q Vl/Asy? J$rf: jC?> NAME ^ X - ^ ^ -Ofrl......./ /-Z(- VMU.J <4 fM" u- '^U^tWJ NAME NAME NAME forage Lis* < • v ^ ^ ^ - ^ f 97su72*suj>L NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME „ L >^^7 /1*t .Si /^h^^\ A ft / '.^11. {>/<-> ^^-'•^^Y' s 571 AJi^yJyUr>OXJ Cr jfi l> ^' Spin's. )<Xb \la//v> X&kfc^ �© ***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-2 0-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." �***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Lav/ #62-20-1. <?m^ < A^c<^> z^ZZ^ NAME CWtsS NAME NAME NAME Jrsflifll/ LCjhjJMrx* /04> </9e/?F9'S7&z. /?'& S^/sqfo^ S'C 5~ 6//w^»r^ 53-. puQ & u ^ r ) NAME yA-y-M yp-T i07 'GntiUM-JS. /7f/ssBes^*.'-^*/ /7/£^~y,*'^nr- NAME //)/>£ NAME £> /, /.s^(><?=- A / ' /<n fn/W-y t- is- <2^W?£ Rfcgfcm)ti"tvt^ ^ y g V <^Srh>uk £Z7~r Pit-tf^^to /y?0'<2sLC&*z&#/£ cL <Q±^c NAME NAME:z? NAME: NAME: i ZZyCjfc* 'Sfd <^o^€Uy^ <&±^ .^-JV �9 ***** ***** P E T I T I O N THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Law NAME: i/J n f^^gf NAME L _ - £ ^ i % 2 ^ _ NAME:,-> y >^/^ /-•s--S<- 7. Jv/Mvu NAMEf NAME: NAME Q ^€&&7frcJ A7CS£?r. M//A •t/of /8%l/aM**,&T lb-T^.it^-faia1 2L \0'f NAME: NAME: <&> (H'lrt lL^ijMtp^±hiJ mM//?0£>'&&hlfo&S^/B**? Tfi^iF ^£fa'^—/vl^f •£%*/££/• ./w?//-^'/ **-*&*—y :y»-' •*/ ^—**} " i X y GfC—^f : ^Ccf;'<_/.-,i„..^ f\*-3Z^JLr*r' -31 fjku£>1 ^2 NAME: : £>**/?£= Ysfz**^ (W/&£;£ 'fe NAME: Sy^tM-L-T. &r*f£ti k)T. NAME: NAME: fcHsV fQUiJjU NAME: /S~S NAME NAME NAME: ^4£r-7*<sy ^F K\ UJ<W^H^/Q>7 / r / . - i ^ o / S~/j5~jt?<SA>#U �gj ***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-2 0-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the lav; and deny any application requesting variance of Local Lav/ #62-20-1. NAME: NAME: NAME: NAME: NAME: NAME: NAME: �0 I ***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny ^any application requesting variance of Local Lav; #62-20-1/ NAME: NAME: m/y T W**V mi fyUdl^h NAME NAME: loo Co//l*1 9 £ / £ NAME: 77 v.a/i'j NAME ..''I. (A/ OAJ^M- i°o NAME: NAME: NAME: NAME: &d 1/00 NAME: ii)d(\ILi U,ui~. fr^ (Jo<r-Hfe-Y\ d £~> v S. uj vfl^ ^C\ /C, S&d? ^irep^f- *> A ^ / h^^S <UMly>; o,^ O0 iA^i-.-ju-sassi** ^4 �I-1 i m; I' ***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Law #62-20-1. NAME l^uj fa^sXfi in ra$^5tffiA ^ f o c ^ c X ^ ^ o a ^ / 6 K CQRlWcf sir /p^r^^W^^^ / 7 O NAME f\ (T^^nJ^ NAME I £#'<</ J?3> / ^ W <?e,-v e^-z NAME J g>^<5^ LO K NAME NAME NAME NAME fi«* <^S y? -Jt-Z^PO rtjCjuif*&44>-t;e 9,*>«„„ oL YZ*/t„ c u r C/C<^ £?& ?-<£ -fk fZ&flT ^ ^c^^iX^^u£C^Ch:o^M£*~ WO"WAAJ^»X fl.-O A4^7MJQ{IUA M-1 Ktbeyf'au/ 1t'C P e f > ^ T/^-A. S f7r. xt ^~ :—/^/ A f r f ; NAME NAME NAME e*> niu^uj Tt^rff^^: BcuZ^hJ^;. -to. ToMxp&U; p, isst NAME \U(D NAME NAME NAME spnH D^Uj i NAME <%m Qc^otv^ CJDPIU^H^I <>r VK^ u ^ ^ 6/F/M. S 7 ~ \CTt&*<f7d<oN M/, sT v^o W ^ u . K u^ Hjfa <?o ft^fl If 4 -NV KV IT^A^S^-- pyj^A tAAM^jT^e2> Vv As~ V 4^^,rfj^<-toi^4i.afeSft^fei«SJs*&»5fta£M^Si �% ***** P E T I T I O N ***** • THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property., used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Lav/ #62-20-1. NAME /&/ flprf/a//*/ NAME I'J'\?—(^^krr1f^ ?'J~ Tua/?'[///& 5'>€~ JZ&6^^f^F****^- NAME NAME 8j £>,?&%£# j?r NAME NAME NAME NAME rULTOTL L. . .. NAME NAME 'lp\o\\ MAM^ QAV NAME s/** JL£4<^ NAME ^ NAME NAME / g 3 LW^€</CJ^? (foio^vCc^L J&sefy&teO NAME NAME NAME )ou j ^ . ^£TiZ;-'*rjr«* fS-'te ^ r . - - - -* rf-j o * p o s t e r - 5' 'i^.*>%^S^^-£^hHsi >i4^ j ^ S ^ * - " 5 ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ �***** % P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny fitpy application requesting variance of Local Lav/ #62-20-1 O 3/ QifS&tzZ NAME: NAME: NAME:1 tj) p rvY^Q^^-i^ #L NAME fsirt_-/fcsz> CoXtA NAME & T( NAME ^^S> ca V / ^ TAfciZfT,,^ /xJl@.Affl) - (3$. Covf/a/uJ f>TA'9'CLUJ-~Jhy_ n..7?fa<*< "<£l^<^i NAME NAME •r^ NAME /7f^^X^#^4^^ ^ NAME f-?Q f^o NAME CJ>K(Cn^^ ^>^W^fc^ NAME NAME NAME NAME: @^fcrYLU\ NAME: -ftftg U Q JU£Q^^) <?*! OcUU^ \Q() Q D i f ^ ^ O ^ O ^ r ~t _- i» J -. ^ _ i ^ ^ j - s *7*^ " =•; r^:-_^^<fc-C^^^ ?£ *Z& TLsSft^, V^ ^ W ^ j j ^ ; H l O ^ \ �J •« « ***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, arid drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Lav; #62-20-1. _ __ /7¥co Rrtm&r sj. NAME: NAME: -U&J&At^ NAME: &sv\JX $*to&MS& ^ 3 - F^Cto ST ]^0L^YI1^ NAME: NAME:( NAME: [}% ^nhtAvDf NAME: 3-/ NAME ^ NAME NAME NAME: /tun /OL /kfy^ATZj ZfctaL /L>. 7 / i * y ^ - K/,fc Ho <L'ohTZ<inT'h* T?m fr^n {AS#<U^ s^/l^r^^J^ _&$/£-. JJ£M££AM /7& r^A T/I/Jr/ Us'fa; fry 9zy£^fwJLa^b loo C o i m ^ R-Vn UTTW^K CxA? ~£*J$^//3/&4^~~*~~ ^// <*&?^? ( �***** ***** P E T I T I O N THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Law #62-20-1. »n ^td^&xs koMoas*^ 2£ B#£»frX'£rr7n/fr Witty/* *//) /& 0 /DO 'T> 0. QjtM^QsJ. //> * e^&u^# - /?£ '#*> Q NAME: SP flfb^ya NAME: ^&^K^ff^ C/|W/? / > W r^xj(/^^^ 'A<6»74fot,4/L 'J2A NAME: KiD AM> /• **Jfa*S SI'S, \&r&#< f\fl{ HAME: pi At) a ffi?«? /j<X- UspM^-y Q 'J./fi~~f~ > -A rv_^ ^ ^ ^ ^ ^ ^ O ^ ^ ^ - ^^•t^^^ii^^&^^^MS^^^e^is^^&m^ �P E T I T I O N ***** ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES•OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: y^ "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or.delicatessen"or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and dentt any applicatfron request^ig variance of Local Law #62-20-*.. NAME: ^ ^ ^ ^ N ^ ^ 7 lit, ({JJl<b ,<& ' ^ ' M6- NAME NAME " V-J NAME NAME qjf\Y\Q &(x//f) NAME NAME NAME ^-tM^^z—Y^^-^fr NAME NAME NAME &~y'-<z> &^r/^z fate <=xrA,s JX* '/tfA' ^ ff / <£ ^fis^ £&T~ NAME NAME NAME NAME NAME NAME /M^^"-^^^^ OfsA^tt-x %'r.fcJA/? <-/•. AIT. ST< AJ-7 / �o ***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: •> "Restaurants, delicatessens, food establishments, . taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." * The Zoning Board of Appeals should strictly enforce the lav/ anclxieny any application requesting variance of Local Law #6/-io-l. NAM! </& /h^ys^A ^*- /V. 'Jjtf#*Y'h*vrt/,7t^p y 'MtU h5 JiM7^ 9 £ ^ > QJ^WAM^ /M if^^' A NAME: 1T)JCUI^ NAME: JR/ZVU^ And^w CltifrMS*^ 3S fiWn'ftFUJ'SLp %2 $2?J*7jAAfl Alu* nip tO^/jUg/OUAA^ Ig^LstA NAME NAME: NAME 'C^JjJ^i -AS)/VIS) e y(<5>££fr/W/7JzSm/£_ % �& ***** ***** P E T I T I O N THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-2 0-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Law #62-20-1. 4 n,fi A NAME: NJC^i//) NAMEU^^£> NAME i3c{M s£ frj^ '{/Of W J>/, (f?^^&Z?sg? 9P ^/&?^s^x) tt 9r Vk/ge :JM, llJMA^ NAME* NAME: SCTOSCST, W1ACL_ NAME: $£&*^/&trf^ /8%tiHlU*fgr CpUsUJitKS' jOJ J>V /of fo-iineiifdc /OQ fg/fc$ (<gt^rf &7Mtf* w M4(** 4& M*T&teffc*ty NAME: £7 NAME: >jf7^= ys^tz ^5ra//e*<?_ ~^MJuT, 32 NAME: NAME:^j> NAME: NAME: tk&tMJ+r. .^ZZrmts, uh |Mpg,,gJr --• „ - . . • • r j^OM- �***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Law #62-20-1. €js SJu<^<s ZZ^ NAME: /64> </yas??9'<S7&z /$'& NAME 5" C / / w W NAME NAME: puQ 'Q±U*A* 1^ 5*~- CJ^U)Q^I> ^ NAME: NAME: /<n Pn/'Ujy q ^ ^ l ^ /-/^r R t ^ K M B ^ NAME: ^ NAME: /(?& NAME f*0-& N A M E : J ? , - ^ ,S0 NAME NAME: jCSlrjt^r //f) Z^tEJ^sm /?<msC s^v Art?* / 72 (/j4&£L?*<rsirrr Go^Ujuy^ d&c \o �***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location, No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Law #62-20-1. NAME: c > y ^ NAME: NAM NAME /(fkC^L- 57 /3L^L^J- M. /u. r. e Sci/yn feu £> [ $2 Qa-(\e^ ,sT , NAME NAME: [ Ou;^i£\-S/~ NAME: NAME ftc fi^ctu./hJ frrt 5-tJ ^ , 9 <&(&>n. </ &kfJM NAME: \1L <M\&4T ft. iS) �© ***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-2 0-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Law #62-20-1 NAME V If/^tA NAME yfato/Jo NAME NAME NAME kj,^^ AK- /&> lot - /0O fk V^l...^.A l a tore i 4aMd OLL &0/3mT eiiT O^M^ 111- U/julU.,, &.U ^ T A.i9wM.Jr HrS 4rM/ sA> l**^Wiry{*A>v\ XEYSL mimsuX) M£>> -rrffteyhrw NAME NAME NAME NAME 'i^t^ ^a^-i NAME ^ / H 4 K H < ? 2 ? £ ^ \ya. sffiftEif 9T tiJ^it %D NAME GsyVY^&A^AjL-. 3f NAME tfo-lZtetfi&M '/- NAME NAME NAME NAME NAME S* �0 ***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Law #62-20-1. If 7 LM//ty SA NAME: n^^ik^sT, NAME NAME : ^ g # £ < g ^ *>/?/?/?*#~5> (ft/Kefs Hfeji) /?$- rtij/ey ?L NAME: NAME NAME NAME -&^yS NAME NAME NAME &i/j^ =Zr : d& r/'^ /a/? NAME:,/ /^ ^ W •€. < ^ /7z ^ttejf, Q U/7X ri'/S&y- ^rs/y NAME: ^ D NAME NAME: &7>tol , / ? A^^fa^ m \ b . i > , - - - - i / ; •s&.r.^ �P E T I T I O N ***** ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOQAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Law #62-20-1. NAME NAME Vhhoth^ NAME <:/tt^T*L. NAME ^Q^OAAA L6-<^7 xti •5S- C 9 &L nrp-pmia^ NAME NAME NAME NAME fiFVui* FAR/CL-fl /;?£ \/*U4f .<L7. flU»t NAME NAME c : ^ g ^ ^ <S^u^>a V^(N C^v-w^f^y - ^rv> NAME NAME fffoFsj twygp fJgAio^i>i/u~ V^> /9-e^gyW-er P^Mrpfj^ L/£Oepe.if<i~er NAME «3o>iV)\|fv ._ _ NAME NAMET^VQO&Q-Aa NAME * * • - : . : 4^ ^ ^ fT\ r - j ^ ^ )/?6 (lALU-y ""* [t£fl( < ?t\\)T^fi.y%^^ QoV\m^ft/\iQ 1\X[({JV ' »*» * - • SMf*" r -Si -t4 = a ~ ^ g ^ ^ S £ ^ 5 ^ ^ , ^ i ^ t e ; ^ & ^ f c : �***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-2 0-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parc.el that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Lav/ #62-20-1. NAME C!(X<\<Q^ /L^rju^.ro l^ Cor1-[<x*A± C^^/7~^ NAME NAME NAME NAME ^L. NAME A~i£syn&i\ ,/jQO <^&//r{^ 6- 9 (^^^^-z> ^ ^ NAME NAME NAME NAME NAME V£- ^k fJt^C-^3) s^^&tiss C&zJz^j^k /<£& - ^^>A^r.M^-^r <Y* ST #- 's&re«s /f /( CU(<2^^ CHfrisTihJft Qoxas Wf J6^i44f? /Put tejf &0Y NAME NAME J. <^-v< {flrtct^ 'l/thtt/yL ^ NAME NAME NAME NAME Jfr*tf loo en 'i**)r fki Vhzc tf/Zty/ �***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight^ line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Law NAME: 0£s?e& NAME (/ R ^ fly ^i IG^ Q A W ^ NAME: NAME: NAME: S-jSjj^ <5Y"y»-T>--* /&& ^//&fc NAM' $&. iU> ( '¥>: SAis^ /^r^^Wjgl •t s.r. 'S-^e&m6cV 3.£> > fl/. W-<* <h , 'A a f/7 f) /^ ^<\(p^^-\am. /26 A/.T/tttY tfw-f ' /(^p (-h?zT<-<&*rv ST. 'As >7 \* ^^.- i-^^^j^^i.i^:^.-^.^ ;i-^.-.v«*il:*«iai^-^iKidia».feS3i4? �***** P E T I T I O N ***** XI i- THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Lav/ #62-20-1.. NAME: NAME: NAME: NAME NAME ^d? d^l *n S~B. hfo YaW^yfeg-o>--j NAME NAME NAME Xswi^n'ACo 'yfl pKc^, J U^P R?b\M LQ 1/fT NAME NAME Zf'A *z^-1 ty $r&xrTi#/rf CeMr £ " / p- firry/*>«, "**-is* *> - 0 .^t#£Mi*i3rA«J«-St?i.=.»S3l»J5Mi- *«3&j&&ae&&££ �***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." / The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Lav; �***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Lav/ #62-20-1. . A. ( jtejv s N A M E : ^ f e . ^ > jLTrm NAME iJ NAME h£>V,VN M< NAME NAME NAME 'wr NAME NAME x Mhl l^in j/j U, //IM^UK^ NAME NAME NAME NAME NAME NAME O^^AUA7 %M,iki* fin 12£_JLL &r %/ /aMihj Sf KT V }^JU Mce+% ?3-4 ^aUu SI- A/.Y. NAME NAME YfhUeAJl NAME j--^-Tf B _o„^^!g L -ai*M^5iS3K;^^^is^r �P E T I T I O N ***** ***** THE UNDERSIGNED APPEALS TO THE VILLAGE!BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Law #62-20-1. NAME NAME iqo NAME Mo fa//&* NAME 2• » - ? «a (Jfi^Lf ^<;f. # 9 {Lor/fa^o/ £*,/ ^f^A eou6zt& NAME NAME NAME ^^y/tfl-i NAME NAME Qe.we, NAME 69aW' NAME ff\or?(lo &xt>cxj^1 g/t^ 2 -? llajJ^ NAME NAME NAME yyrou/j/. NAME NAME v <52 '4 Sp/4.il', ^/j%&msl /JJ///?/MM //jRtitiffitow f>" MfV ^-^s^£^r4iijsi^ *iS^^fec^^i-=Smi^^^^^i*S �***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local La-w #62-20-1. AhT' • ft Mo >0« NAME: NAME: NAME: NAME: NAME: NAME: NAME: NAME: mm ""A i.j^v^.'^-^-' ^-,i.^.-^--r:^i^S^^^^ A> �* ***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Law #62-20-1. NAME NAME NAME: NAME: <sfsl^f't' NAME: NAME: NAME: NAME: NAME : y ^ y / T^> NAME:,-^^5^ NAME : C^CU, YfrvM* fA^l>0 ^ 1/ * NAME: YC'fat&j/JtoWffl- &&fl>(tf' NAME: NAME: NAME: NAME: l,z^tfcBV,f--5rf-^VS5*fc^^^1 ? ^^^^^^Sbi^iliE^^-S^^t^^ll3^^^^^Ali^^^^i^£ �***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or^bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Law #62-20-1. /8 sJesfrof NAME NAME & * A!) Ttog#YlOa3/7 ^k-t NAME NAME /OA fJltlu^ ftblivn NAMEr^IAJUOV fty- k\pTi&'£v6)*)Yi t6>'<£rt/&j?.<,/*i>'ta*fP AhlajiiA^J- NAME NAME NAME NAME NAME A^B^ui, -ifr^Jjax, fffti'Oo'D lb tU,fi -*A& /l t^nmrtr-r, km 'Cd//<°^c G U- K\ fc-ltviW-^V- k>-T- fj£>NAME ^NAME NAME NAME NAME mm--*! NAME ^ NAME i �***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the lav/ and deny any application requesting variance of Local Lav; #62-20-1. NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME O ASW fkp^yi^AK. ~m ff CfciTvvTgfr \2S_ • tt-1 1°'^ �. % m > i. • * * * * * P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny arty application requesting variance of Local Lav/ #62-20-1. " i UL /U\ *-r> 5? crffe^r/OoT ^ T NAME NAME ±^^£^2ffi&2£_ _Sr^i-c NAME NAME A-**,/ ty.U ^ NAME .g"y ^ W f i r Z?jL,,, 4 S> & f% &<? f>£ NAME NAME <?Tfcf~ A. )£o NAME NAME /7?(/j4/A-y ^M^^mrgOAL PjPAiJna. 1*1 l / A H » y > 3 7 . h^fiptrrfcoL)/^ NAME QrCcy<yi4\ NAME -if'&*-//* NAME j&sk NAME NAME \A>**A,J. &Z CJtsJfyutl fo. fa/li NAME NAME NAME *3> ysg^u*^- \,%16U) 9'S~/$*eX>»~, *f<? \(*tX&Sf^fekrt^ftl'± ^/<*«^«L~. "Vcs V< ^ ^ ^ ^ m ^ M ^ �t 4 \ ***** P E T I T I O N ***** THE UNDERSIGNED APPEALS TO THE VILLAGE BOARD OF TRUSTEES OF NORTH TARRYTOWN NY TO ADHERE AND ENFORCE LOCAL LAW #62-20-1 WHICH STATES: "Restaurants, delicatessens, food establishments, taverns, bars, and drinking establishments. Location. No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." The Zoning Board of Appeals should strictly enforce the law and deny any application requesting variance of Local Lav/ #62-20-1. NAME: ^ O ^7l^J^£ '/tfO Cfi£&<l£ Gh°, % /(O^ NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME JftidX. ^>mO »0,6D \Sfajg W '442U \ I UMQ 10b. ihriA~Jl f~> « A ^/k<_^ i^L ^K -"-.-* - - ^ H„r*<L*{h+f A^So°l /" ° $nll*j <~. /4<S<* V ,". A hu -U2- frl'fYp.... I S"et*l Uh?QP /Z^L j. A NAME \$-l} 0s+<v*J)u^ .(^kuUA^M^e >•>/*"" £/<ldsbe+ NAME NAME >*%# \ofrCoUbEf£ vU /*oeof/ej,^ Ai/<> /P^> GLUCL [irrjm ^A/r/ia/( fJd>Mis /dbfellj^ \mcc\\jQg ptfo NAME /%A*f/<\ NAME \ 2t^ NAME >Qj\jrymA ^ VtTj~j>r~(<2> ^i. A^^^^<^y\j ^?y �TO: ZONING BOARD MEMBERS FROM: JAMES MARGOTTA, BUILDING INSPECTOR DATE: APRIL 1994 THERE WILL BE NO ZONING BOARD MEETING IN APRIL, '»;• 5T,-_- . -r fe: ^&Ltt~^zg&?&* s**s4 ^x=^^^^^*J5-i3ei?4li^K:'&Be.^^I^^^^Ka ,'Z, C"TtA5<*2v^ � 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-1994 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_1994-05-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-1994 Date A point or period of time associated with an event in the lifecycle of the resource 1994 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/cbb987dcc0e7ea37558a07f143d287cf.pdf 99b5cedaf3c4b172429c1a2c38eaf4f6 PDF Text Text I r * Approved with respect to substance and form: Village Attorrfey Dafted: ^ ^ / W Approved by the Zoning Board Chairman or Acting Chairman Dated: SJ/p/^u. Filed with Village Clerk Clerk or Deputy Cler Dated: (X. C^ Date of Meeting W: - W_„^-r U,Uij?S--^ -*&. - = ">-.-"- -»«""-.=££• ^-Jfe_«^^^^_„s=. rew «•!* ^fi£LiKr*ii* i.i'^^a^^3s^:^^^*&^i^iiZ^^*&^^.ii^^^^ �REGULAR MEETING NORTH TARRYTOWN, NEW YORK MARCH 23rd, 1994 A regular meeting of the North Tarrytown Zoning Board of Appeals was held on March 23rd, 1994 at 8:00 P.M. in the Village Hall, 28 Beekman Avenue, North Tarrytown, New York. PRESENT: George Fitzpatrick, Chairman John Morabito Frank Paolontonio Michael Masias Mary Galgano ABSENT Rhonda Mauhs Juan Pu.jadas ALSO PRESENT: at 8:00 1. Donal Walsh, Village Attorney James Margotta, Building Inspector Chairman Fitzpatrick called the meeting to order P.M. CHRISTINE MANGIERI, 404 No. Broadway-Continued-Certificate of Occupancy for a Three Family Residence. Attorney Gerald Klein, representing Mrs. Mangieri brought the Board up to date on the status of the building and requested that the Board grant a Certificate of Occupancy for a three family residence with a store on the ground floor. Chairman Fitzpatrick asked if there was anyone present who would like to address the Board on the matter. Village Attorney Donal Walsh stated that a letter was received by the Board from the Code Enforecement Officer stating he had reinspected the premises and found that all violations have been removed. (Copy of letter dated March 22nd, 1994 in official minutes). Mr. Paolontonio moved, seconded by M r . Morabito that pursuant to SEQRA, this ia a Type II Action and will have no adverse impact on the environment. Carried. Mr. Paolontonio moved, seconded by M r . Morabito that the request be granted and that the records of the Village be corrected to reflect the building as a three family residence with a retail store on the ground floor, and that the Building Inspector be directed to make periodic inspections to insure that the building remains a three family residence with a store. Carried. �-2% / 2. PUBLIC HEARING-ROCK OF SALVATION CHURCH, Day Care Center 131 Cortlandt Street-Former Con Edison Sub-Station. Clerk read the notice of Public Hearing to hear and consider an appeal by Rock of Salvation Church from a decision of the Building Inspector which denied a building permit for construction/modification of existing structure into a Church and Day Care Center on the following grounds: - *the maximum lot coverage permitted is 35 percent; coverage as shown is 69.5 percent. ^required front yard is 25 ft. front yard as shown is 0 ft. *side yard required: one side 14 ft., both sides together are 14.2 ft. *day care centers are not a provided use in either the C-2 or R-5 Districts; same being permitted only in H District. Schedule of Regulations of the Village Zoning Further, 62-14 E requires 38 parking spaces; none are provided. Miguel Jimenez presented the Affidavits of Service to the Clerk. Mr. Morabito moved, seconded by Mrs. Galgano to open the Public Hearing. Carried. Mr. Stevens, Attorney for the Church outlined proposed project for the Board to review. the Mr. Ron Turnquist, Architect for the project presented tentative drawings for the proposed project and stated it was the intent of the Church to create a church in stages, and a day care center as funds became available. He stated that the project would conform to N.Y.S. Codes and local codes, and noted the Church was before the Board to seek several variances. He stated that most of the churches in the area do not provide parking and most of the church congregation will be walking to church. As a mitigating measure for the lack of parking, they have two mini-buses which will be used to pick up older members. M r . Stevens stated that the.building is an eyesore as it now stands and it will be an improvement to the area. Mr. Stevens stated that the Church has approximately 140 members whose average income is approximately $15,000. per year. Most of them live in the area and do not own cars and will walk to Church. M r . Stevens stated they have raised approximately $135,000 towards the purchase of the Church property, which has been empty for quite sometime and is an attractive nuisance + \ i i s . % "5 %**••% ,---:3s3^*»»#,i;5i»~ , -^^•^*x^£^A:^i^i^ii&k^^msA^&i^M^^,^^^i^^M. �-3Mr. Stevens also stated the Church would provide a much needed service to the entire community. Mr. Stevens presented a petition to the Chairman, signed by what he alleged to be some 600 residents of the community. Mrs. Catherine Krolicki, Cedar Street stated there were enough churches in the area that were tax exempt and there would be no parking for churchgoers. She stated that the area was already congested with parking, especially on the week-ends when residents are not working. Mrs. Krolicki asked if there were only 140 members why they needed a 300 seat church and wanted to know where all the people would be coming from and where they would park. She stated that not all prople walk to Church. She also stated there were two bars directly across from the Church and they do not go together. Mr. Walsh noted for the record that new bars are prohibited near a Church; new Churches are not prohibited near bars. Mr. Tunrquist agreed, stating that a bar could not be opened within 200 feet of a Church, but a Church could be opened within 200 feet of a bar. Mrs. Krolicki asked where the children would be playing as there are no outside facilities. She also stated that in her opinion, you could not keep children locked inside a building. The Pastor of the New Hope Baptist Church located in Tarrytown, N.Y. stated that the area was in need of rehabilitation and a Church would be ideal for the area. He stated if the Board does not grant the request the Church could appeal to Albany. He stated the Board should grant the request so that the area would not deteriorate further. Carol Jones, Hunter Avenue, North Tarrytown stated she was in favor of the project and asked that the Board seriously consider the project for approval. Freddie Flores, 13 Elm Street, North Tarrytown stated he was in favor of the Board granting the request in order that they could have their own place of worship. John Jimenez, 95 Beekman Avenue, north Tarrytown state he was a student at.Sleepy.Hollow High School and was a member of the Church for over eleven years. He stated that all service of the Church are free and that people donate food to be given t poor members of the Church. Miguel Jimenez stated he has lived in the community for many years and stated that most of the members of the Church will be walking to the Church and there is no parking in North Tarrytown at all. Mr. Jimenez stated many of the members of the Church are property woenrs and pay taxes. He -"stated that the Church has set a goal to rid the lower village of drugs and alcohol. �Mrs. Margaret Kantowicz, Cedar Street stated there was too much drinking, littering and noise in the area. The Rev. Santiago, Pastor of the Rock of Salvation Church stated he came to the area in 1980 to set up a Church for the Spanish Community and feels that the downtown area of the Village needs a Church. He stated through the years the Church has rented space from the Salvation Army, First Reformed Church and the Methodist Church and now the want their own Church. Rev. Santiago felt that having their own Church building would have an impact on the young people of the community. James McCrae, 100 College Avenue, North Tarrytown stated he was in favor of granting permission for the Church as he felt it would bring decency to the neighborhood. Jose Chevera, 95 Beekman Avenue, North Tarrytown stated he was a Correction Officer for the County of Westchester and has lived in North Tarrytown most of his life. He was in favor of granting permission as he felt that more deliquent youths would not have to be imprisoned if a Church or Youth Program is in effect. Nancy Vargas, Ossining, New York stated she was a member of the congregation for thirty years and asked the Board to grant the variances requested. George Rivera, White Plains, New York stated he came to Church by bus and was in favor of the Board granting permissioner for the Church and Day Care Center. Discussion followed regarding parking, Church, day care center, mini-bus parking and noise. There being no further comments Dr. Masias moved, seconded by Mr. Morabito that the Public Hearing be closed. Carried. Mrs. Galgano stated that the main issue is that 300 people will be coming into the area, either walking or by car and bus. Her main concern was safety and where all the cars would be parking. Rev. Santiago stated that the mini-buses would be driving around the village picking up members and driving them to the Church. He stated that 9 5 % of his congregation is from North Tarrytown and Tarrytown and the remainder come from Ossining and White Plains, and they will park where they can find a space. Mr. Paolontonio asked if they had considered providing parking on the first floor of the building, to alleviate some of the problems. Mr. Turnquist stated it would b.e too costly. �-5Chairman Fitzpatrick stated he works in the area and the area has gone from bad to worse and is a disaster. Mr. Fitzpatrick also stated that the Zoning Code does not permit Pay Care Centers. After a discussion regarding the number of local residents who are members of the Church, Mr. Morabito stated the issue was.not how many local residents were members but where they would park. Mrs. Galgano asked if they had tried to purchase adjoining properties in order to create parking. Rev. Santiago stated they have approached the parcels adjoining the property and have discussed with the owners the sale of the property. He stated at the present time they do not have funds available for the purchase. He also stated most of his members will be walking to Church. Dr. Masias stated the Board has granted permission to the Korean Church and several other retail stores that could not provide parking. Mrs. Galgano stated that the Korean Church was always a Church and parking on Route 9 on Sunday is available. They also park in Amenta's parking lot which is across the street from the Church. Dr. Masias stated that no matter what goes into the building there will be a parking problem and feels that a Church would be the lesser of several evils regarding congestion Mr. Walsh stated that an issue before the Board as to Day Care is a "Use Variance" but the Church itself is a permitted use, and while they can ask the Board for a "Day Care Center Use" the Zoning Board of Appeals is only one step in Day Care approval. Discussion followed regarding the various phases of construction and the cost and time frame of the project. Mr. Turnquist stated that "Phase I" would be progressing if funds were available and the Sanctuary would be build within a year. Dr. Masias moved, seconded by M r . Morabito that pursuant to SEQRA, this is a Type II Action and will have no adverse impact on the environment. Carried. Dr. Masias moved, seconded by Mr. Paolontonio that the variances be granted as requested in the application of the Rock of Salvation Church, including set back, day care center, sideyard, parking and lot coverage. �Chairman Fitzpatrick polled the Board as follows Mr. Morabito Mr. Paolontonio Dr. Masias Mrs. Galgano Mr. Fitzpatrick Yes Yes Yes Abstain Yes Chairman Fitzpatrick declared the motion carried MINUTES Mr. Morabito moved, seconded by Mr. Paolontonio that the Minutes of the meeting held on February 16th, 1994 be accepted as submitted. Carried. There being no further business to come before the Board, Mrs. Galgano moved, seconded by Mr. Morabito that the same be duly adjourned. Carried. Respactfully submitted, ~y^ kene Am a t o Acting Clerk �'Sean Treacv, Mayor Linda David Administrator Donal M. Walsh. Jr. Village Counsel Angela Everett Deputy Village Clerk Frank Anzovino Treasurer TRUSTEES Morris Alter Steven D. Baderian Nicholas W. Cicchetti John T. Hayes, Jr. Michael Hyland Greg T. Jeffers HISTORIC PAST - GREAT FUTURE To: Oames Margotta, Building Inspector & the Zoning Board From: Robert Stiloski, Code Enforcement Officer Date: March 22,1994 Re: Mangeri, North Broadway Reinspected this past week and fonud that all the violations making this a 5 unit building have been removed. It now conforms to a 3 family. Seperation walls that made the large apartments into 2 units were removed, thus returned to original approved status. m § if-- "tfi IS": fe-' m m- 28 Beekman Avenue, North Tarrytown, New York 10591 (914)631-1440 � 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-1994 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_1994-03-23 Subject The topic of the resource Zoning Board Minutes & Resolutions-1994 Date A point or period of time associated with an event in the lifecycle of the resource 1994 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/d738bedcc567f4d0ada29d713fbcec6d.pdf 2ebe561e0cae2aa1ceb55f247f646af2 PDF Text Text Approved wifcn~Wspect t o s u b s t a n c e and form: Village Attorney Dated: J / 3 5 / ? y DONALM. WALSH, JR THE FIRST NATIONAL BANK BUILDING P.O. BOX 876 NORTH TARRYTOWN, N.Y. 10591 Approved by th£ Zoning Board •#r Chairman or Acting Chairm, Dated: Z /^3/jcJ Filed with Village Clerk a Dated: 3 A* "Clerk of Deputy Clerk fat FeJbrucLfy D a t e of Mee_£jjag /£. If?*/' 7 �A regular meeting was held by the Zoning Board of Appeals on February 16, 1994 at 8:00 PM in Village Hall, 28 Beekman Avenue, North Tarrytown, New York 10591. Members Present: George Fitzpatrick, Chairman Frank Paolantonio Dr. Michael Masias John Morabito Also Present: Absent: Donal Walsh, Esq. James Margotta, Building Inspector Mary Galgano Rhonda Mauhs IN THE MATTER OF DAVID AND CHERYL CAPPELLO, STREET. NORTH TARRYTOWN, NEW YORK 18 CONTINTENTAL Mr. Cappello submitted proof of return receipt to the Clerk. Mr. John Giaccio, who is representing the Cappello's stated that the existing property .is a small one family home which is in the neighboring area of non-conforming uses. Mr. Giaccio showed the Board photographs of the property. The adjacent property has a window only a foot away. The new addition does not have a window on the same side. Mr. Giaccio stated that the addition would be in conformance with current regulations. Mr. Paolantonio made a motion to close the public seconded by Mr. Morabito. Motion carried unanimously. hearing Mr. Morabito stated that he sees no problem in adding living space. He feels that there is no reason to deny the application. Mr. Paolantonio 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. Morabito. Motion carried unanimously. Mr. Paolantonio made amotion to grant the variance seconded by Mr. Morabito. Motion carried unanimously. IN THE MATTER OF JAMES YOSIFIDIES, TARRYTOWN, MEW YORK 10591 needed, 60 BEEKMAN AVBNU, NORTH David Venditti, Esq. who is representing Mr. Yosifides stated that the property is a pre-existing non-conforming use. In 1989 there was a fire and since then, the money has not been fully available to rebuild the restaurant and the apartment above in one year. �Mr. Venditti further stated that there is no way to provide for additional off-street parking. This is a pre-existing condition. Mr. Venditti stated that he notes the only request would be to have a seating capacity of 40. Mr. Morabito asked what kind of apartment would be on the second floor. Mr. Venditti stated that it would be a three bedroom apartment. It was mentioned that 60 Beekman Avenue and 62 Beekman Avenue are two separate tax lots. 62 Beekman Avenue is a rooming house which is in compliance with the code. The building is now vacant. Mr. Morabito asked what type of restaurant would be created. Mr. Yosifides stated maybe a pizza restaurant. Counsel Walsh stated for the record that the Village taxes have not been paid. Mr. Venditti stated that he will look into the situation and pay the taxes. Mr. Morabito made a motion to close the public hearing seconded by Mr. Paolantonio. Motion carried unanimously. A Mr. Paolantonio stated that the building has been there for a while until operations were ceased in 1989. He feels that there is no reason to oppose this application, if the taxes are paid to the Village. Mr. Morabito mentioned that building plans call for sprinklers and 90% of it is completed. Mr. Fitzpatrick mentioned that it would have a seating capacity of 40 seats and pizza may not be the only food served. Mr. Morabito 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. Mr. Morabito made a motion to grant the application on the condition that the taxes are paid, seconded by Mr. Paolantonio. Motion carried unanimously. MINUTES Mr. Morabito made a motion to approve the January 19, 1994 minutes "as is", seconded by Mr. Fitzpatrick. Motion carried unanimously. • A motion was made by Dr. Masias that the application submitted by Max San Juan, as per the Building Inspectors letter dated December 16, 1993 (Copy in official minutes), if not completed as requested the tenants will have to vacate, seconded by Mr. Morabito. Motion carried unanimously. �Being no further business Mr. Morabito made a motion to adjourn the meeting, seconded by Dr. Nasias. Motion carried unanimously. The next Zoning Board meeting will be held on March 23, 1994. Respectfully submitted, \0^u(/ftisiJ&a£ Christine A. Yurkovic Recording Secretary v �*}to&/tot* Sean Treacy, Mayor • ' William T . Regan' ! Administrator TRUSTEES Morris Alter teven D. Baderian Nicholas W. Cicchetti John T. Hayes, Jr. Michael Hyland Greg T. Jeffers Donal M. Walsh, Jr. .-. Village Counsel Angela Everett Deputy Village Clerk Frank Anzovino Treasurer HISTORIC PAST - GREAT FUTURE 16 December 1993 Mr. Maximo San Juan 28 Hudson St. N. Tarrytown, N.Y. Re: 28 Hudson St. 16-3-20 Dear Mr. San Juan: vi^jjjj^^ux^r-j-sr^p you applied to the North Tarrytown Zoning Board of Appealsior a Certificate of Occupancy for a three family house at 28 Hudson Street. The Zoning Board approved your request, subject to your retaining the services of an architect to provide a secondary means of egress from the third floor. As of this date, you have not provided a secondary means of egress from the third floor. You are, therefore, directed and ordered to have the.tenants vacate the third floor apartment on or before February 17, 1994. You are further ordered to completely remove the entire kitchen, the bathroom, electric meter and gas meter. Failure to comply with this order may constitute an offense punishable by fine or imprisorment, or both. 28 Beekman Avenue, North Tanytown, New Yerk 1*591 (914)631-1440 :'J. £:<&-*:&;•£&•$••- 1 - -:*^~ - s-r-r,.^--^ .-i.ii-^,3.__--••*-;-Ii4*,--l*.t. -j&j^^>2kg£A&^-jf&&&*.&&te&&*5a&£&&Ci ^^s^^S^n&ndesi^&^^. ^^S^^"^"£dEiJ^i£&i»^^Bg �Sean Treacy, Mayor William T. Regan Administrator TRUSTEES Morris Alter Steven D. Baderian Nicholas W. Cicchetti John T. Hayes, Jr. Michael Hyland Greg T. Jeffers Donal M. Walsh, Jr. Village Counsel Angela Everett Deputy Village Clerk Frank Anzovino Treasurer HISTORIC PAST - GREAT FUTURE Mr. Maximo San Juan -2- 16 December 1993 . _ The only condition for an extension of this order will be if you have architectural plans, a building permit and can start the project before February 17, 1994, and will complete the project on or before March 1, 1994 Sincerely, jotta 'Building Inspector cc: Zoning Board of Appeals &-- fi BK; Nortfc Tarryteim, New York 1*591 (*14) 431-1440 28 IS -i-i~+fO*if=r y * ? r '-t;Si=i.-.iS--. a tzi^4^J&;l££a5&&S&S&A- �LAW OFFICES KATZ & KLEIN . H 2 0 0 MAMARONECK A V E N U E W H I T E P L A I N S , N.Y. 10601-5301 (914) 4 2 8 - 1 4 0 0 ASCHER KATZ GERALD M. K L E I N D 383 SOUTH RIVERSIDE AVENUE P.O. B O X 626 CROTON-ON-HUDSON, N.Y. 1 0 5 2 0 (914) 271-6601 TELECOPIER: (914) 428-5052 VIA FAX # (914) 631-5880 VIA REGULAR MAIL February 15, 1994 Mr. James T. Margotta, Building Inspector Village of North Tarrytown 28 Beekman Ave. North Tarrytown NY 10591 Re: Christine Mangieri 404 North Broadway Section 17, Block 21, Lots 10, 11 Dear Mr. Margotta: On behalf of my client above named I respectfully request that the Hearing scheduled for February 16, 1994 by.the Zoning Board of Appeals be adjourned to the March (March 16th) meeting. Kindly process this request accordingly. Should you have any questions with regard to the foregoing, do not hesitate to contact me. Very truly yours Gerald M. Klein GMK:rm cc: Ms. Christine Mangieri �13 January 1994 To: from: James Margotta, Building Inspector Robert Stiloski, Code Enforcement Officer Re: Inspected and found: 4 04 N. Broadway One (1) commercial store and five (5) separate apartments. 1st floor - Antique store. 2nd floor •- Entrance on rigjht side, 1 apartment. 3rd floor - A - 1 large, complete apartment, 4 occupants. Could not gain entry. B - Right side door in hallway, a small apartment with bath, no kitchen. Uses hot plate and electric heater, one occupant, 4th floor - Same as 3rd floor. Appears that original large apartments were sub-divided to make two large and two small apartments. 4th floor. Could not gain entry into small apartment on �1-12-94 To: Re: . North Tarrytown Zoning Board Variance request by Gerald Bregman for improvements to Lot 1, Block 11, Section 16 in the Village of North Tarrytown. Dear Board Members: 1, the undersigned, do hereby object to the proposal as presented by Gerald Bregman regarding the permit for renovation/construction of the premises known as 185 Valley Street, North Tarrytown, N. Y.. The proposal as set forth by Mr. Bregman does not properly conform to the current zoning requirements as defined by the village zoning laws. The building requirements and zoning laws are in place to prevent the over-development of the area, and to protect the integrity of the area's residential community. While some requirements can be overlooked in cases where the overall quality of the area would benefit, the granting of as many variances as requested by Mr. Bregman would be detrimental to the area as a whole, and to the validity of the current laws themselves. The village zoning laws were created as a protective measure, and if they are ignored, then they are essentially invalid. Of particular concern is the lack of off street parking which is already a problem in the area. The proposal calls for 5 stores and 5 apartment units, and does not provide for one single parking space or loading area. It would be devastating, at best, to the current parking situation in an already overcrowded area if proper parking facilities were not provided. Furthermore, the setback variances as defined by village zoning laws are not provided for in Mr. Bregman's plan and are virtually impossible to be conformed to. It is necessary for the parties concerned to conform to the established zoning laws and/or building codes. It is the responsibility of the zoning board to see that these requirements are met and to protect the interests of the village residents and business owners in matters of this nature. I respectfully request that the zoning board deny the variances as requested by Mr. Bregman so that the quality of the residential atmosphere on Valley Street is not totally destroyed, and so that the currently strained parking situation and the ability of the small businesses in the area to conduct business are not further encumbered. Respectfully Yours, A 3 ? * * * * ^ �1-12-94 To: Re: . North Tarrytown Zoning Board Variance request by Gerald Bregman for improvements to Lot 1, Block 11, Section 16 in the Village of North Tarrytown. Dear Board Members: I, the undersigned, do hereby object to the proposal as presented by Gerald Bregman regarding the permit for renovation/construction of the premises known as 185 Valley Street, North Tarrytown, N. Y.. The proposal as set forth by Mr. Bregman does not properly conform to the current zoning requirements as defined by the village zoning laws. The building requirements and zoning laws are in place to prevent the over-development of the area, and to protect the integrity of the area's residential community. While some requirements can be overlooked in cases where the overall quality of the area would benefit, the granting of as many variances as requested by Mr. Bregman would be detrimental to the area as a whole, and to the validity of the current laws themselves. The village zoning laws were created as a protective measure, and if they are ignored, then they are essentially invalid. Of particular concern is the lack of off street parking which is already a problem in the area. The proposal calls for 5 stores and 5 apartment units, and does not provide for one single parking space or loading area. It would be devastating, at best, to the current parking situation in an already overcrowded area if proper parking facilities were not provided. Furthermore, the setback variances as defined by village zoning laws are not provided for in Mr. Bregman's plan and are virtually impossible to be conformed to. It is necessary for the parties concerned to conform to the established zoning laws and/or building codes. It is the responsibility of the zoning board to see that theserequirementsare met and to protect the interests of the village residents and business owners in matters of this nature. I respectfully request that the zoning board deny the variances as requested by Mr. Bregman so that the quality of the residential atmosphere on Valley Street is not totally destroyed, and so that the currently strained parking situation and the ability of the small businesses in the area to conduct business are not further encumbered. Respectfully Yours, �1-12-94 To: North Tarrytown Zoning Board Re: Variance request by Gerald Bregman for improvements to Lot 1, Block 11, Section 16 in the Village of North Tarrytown. Dear Board Members: 1, the undersigned, do hereby object to the proposal as presented by Gerald Bregman regarding the permit for renovation/construction of the premises known as 185 Valley Street, North Tarrytown, N. Y.. The proposal as set forth by Mr. Bregman does not properly conform to the current zoning requirements as defined by the village zoning laws. The building requirements and zoning laws are in place to prevent the over-development of the area, and to protect the integrity of the area's residential community. While some requirements can be overlooked in cases where the overall quality of the area would benefit, the granting of as many variances as requested by Mr. Bregman would be detrimental to the area as a whole, and to the validity of the current laws themselves. The village zoning laws were created as a protective measure, and if they are ignored, then they are essentially invalid. Of particular concern is the lack of off street parking which is already a problem hi the area. The proposal calls for 5 stores and 5 apartment units, and does not provide for one single parking space or loading area. It would be devastating, at best, to the current parking situation in an already overcrowded area if proper parking facilities were not provided. Furthermore, the setback variances as defined by village zoning laws are not provided for in Mr. Bregman's plan and are virtually impossible to be conformed to. It is necessary for the parties concerned to conform to the established zoning laws and/or building codes. It is the responsibility of the zoning board to see that these requirements are met and to protect the interests of the village residents and business owners in matters of this nature. I respectfully request that the zoning board deny the variances as requested by Mr. Bregman so that the quality of the residential atmosphere on Valley Street is not totally destroyed, and so that the currently strained parking situation and the ability of the small businesses in the area to conduct business are not further encumbered. Respectfully Yours, , ''''^'^y^^^J I J-/*? jZsp&y^M -- v -. £/ — '///i/^^i �1-12-94 To: Re: . North Tarrytown Zoning Board Variance request by Gerald Bregman for improvements to Lot 1, Block 11, Section 16 in the Village of North Tarrytown. Dear Board Members: I, the undersigned, do hereby object to the proposal as presented by Gerald Bregman regarding the permit for renovation/construction of the premises known as 185 Valley Street, North Tarrytown, N. Y.. The proposal as set forth by Mr. Bregman does not properly conform to the current zoning requirements as defined by the village zoning laws. The building requirements and zoning laws are in place to prevent the over-development of the area, and to protect the integrity of the area's residential community. While some requirements can be overlooked in cases where the overall quality of the area would benefit, the granting of as many variances as requested by Mr. Bregman would be detrimental to the area as a whole, and to the validity of the current laws themselves. The village zoning laws were created as a protective measure, and if they are ignored, then they are essentially invalid. Of particular concern is the lack of off street parking which is already a problem in the area. The proposal calls for 5 stores and 5 apartment units, and does not provide for one single parking space or loading area. It would be devastating, at best, to the current parking situation in an already overcrowded area if proper parking facilities were not provided. Furthermore, the setback variances as defined by village zoning laws are not provided for in Mr. Bregman's plan and are virtually impossible to be conformed to. It is necessary for the parties concerned to conform to the established zoning laws and/or building codes. It is the responsibility of the zoning board to see that theserequirementsare met and to protect the interests of the village residents and business owners in matters of this nature. I respectfully request that the zoning board deny the variances asrequestedby Mr. Bregman so that the quality of the residential atmosphere on Valley Street is not totally destroyed, and so that the currently strained parking situation and the ability of the small businesses in the area to conduct business are not further encumbered. Respectfully Yours, /? s' (l // / �1-12-94 To: Re: . North Tarrytown Zoning Board Variance request by Gerald Bregman for improvements to Lot 1, Block 11, Section 16 in the Village of North Tarrytown. Dear Board Members: I, the undersigned, do hereby object to the proposal as presented by Gerald Bregman regarding the permit for renovation/construction of the premises known as 185 Valley Street, North Tarrytown, N.Y.. The proposal as set forth by Mr. Bregman does not properly conform to the current zoning requirements as defined by the village zoning laws. The building requirements and zoning laws are in place to prevent the over-development of the area, and to protect the integrity of the area's residential community. While some requirements can be overlooked in cases where the overall quality of the area would benefit, the granting of as many variances as requested by Mr. Bregman would be detrimental to the area as a whole, and to the validity of the current laws themselves. The village zoning laws were created as a protective measure, and if they are ignored, then they are essentially invalid. Of particular concern is the lack of off street parking which is already a problem in the area. The proposal calls for 5 stores and 5 apartment units, and does not provide for one single parking space or loading area. It would be devastating, at best, to the current parking situation in an already overcrowded area if proper parking faculties were not provided. Fur ihermore, the setback variances as denned by village zoning laws are not provided for in Mr. Bregman's plan and are virtually impossible to be conformed to. It is necessary for the parties concerned to conform to the established zoning laws and/or building codes. It is the responsibility of the zoning board to see that these requirements are met and to protect the interests of the village residents and business owners in matters of this nature. I respectfully request that the zoning board deny the variances as requested by Mr. Bregman so that the quality of the residential atmosphere on Valley Street is not totally destroyed, and so that the currently strained parking situation and the ability of the small businesses in the area to conduct business are not further encumbered. Respectfully Yours, aun<4. £ vi^peg. >i°, ?> | J / WJ t S/ •. i\:'-^*---&rJ?£ £&& ^j^&wss m ^^^^^'-kA^^J^^^^^<.^iz^^d^^M^^L^&', �1-12-94 To: Re: . North Tarrytown Zoning Board Variance request by Gerald Bregman for improvements to Lot 1, Block 11, Section 16 in the Village of North Tarrytown. Dear Board Members: I, the undersigned, do hereby object to the proposal as presented by Gerald Bregman regarding the permit for renovation/construction of the premises known as 185 Valley Street, North Tarrytown, N. Y.. The proposal as set forth by Mr. Bregman does not properly conform to the current zoning requirements as denned by the village zoning laws. The building requirements and zoning laws are in place to prevent the over-development of the area, and to protect the integrity of the area's residential community. While some requirements can be overlooked in cases where the overall quality of the area would benefit, the granting of as many variances as requested by Mr. Bregman would be detrimental to the area as a whole, and to the validity of the current laws themselves. The village zoning laws were created as a protective measure, and if they are ignored, then they are essentially invalid. Of particular concern is the lack of off street parking which is already a problem in the area. The proposal calls for 5 stores and 5 apartment units, and does not provide for one single parking space or loading area. It would be devastating, at best, to the current parking situation in an already overcrowded area if proper parking facilities were not provided. Furthermore, the setback variances as defined by village zoning laws are not provided for in Mr. Bregman's plan and are virtually impossible to be conformed to. It is necessary for the parties concerned to conform to the established zoning laws and/or building codes. It is the responsibility of the zoning board to see that these requirements are met and to protect the interests of the village residents and business owners in matters of this nature. I respectfully request that the zoning board deny the variances as requested by Mr. Bregman so that the quality of the residential atmosphere on Valley Street is not totally destroyed, and so that the currently strained parking situation and the ability of the small businesses in the area to conduct business are not further encumbered. Respectfully Yours, / \ (I ?/ w n £^p a �4~> �•• • • • » • • • ~3S£« .J UJjiu^ � 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-1994 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_1994-02-16 Subject The topic of the resource Zoning Board Minutes & Resolutions-1994 Date A point or period of time associated with an event in the lifecycle of the resource 1994 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/3edd69598704dc90506d5fbb37952548.pdf afe9dead63d1243d7475a1e145a6b5ae PDF Text Text w i t h r e s p e c t t o substance and form: V i l l a g e Attorney Dated : p / / £ 7$lf ApprovecK^y t h e Zoning ^pard Chairman i*r. A c t i n g Chctfrman Dated: zV/^/?^ Filed w i t h V i l l a g e Clerk o— Cleik- or Deputy Clerk Dated: « 2 y V 7 / ? « / Date of Meeting • \ • ^ ^ ^ s * ; * ^ * ^ . ; * ^ ^ v-i«-i-. ^ w l f J r i H s * * = i j 3 & s i w ^ - S i ^ ^ %Sii^ia8J&aifeSS!fiSil , tf»fei A-jU£**s*>a �,<--N *"» • » BF.fiTTT.AP REGULAR NORTH TARRYTOWN, NEW YORK JANUARY 19th, 1994 MEETING y A regular meeting of the North Tarrytown Zoning Board of Appeals was held on January 19th, 1994 at 8:00 P.M. in the Village Hall, 28 Beekman Avenue, North Tarrytown, New York. PRESENT: George Fitzpatrick, Chairman Rhonda Mauhs John Morabito. Frank Paolontonio Michael Masias Mary Galgano ABSENT: Juan Pujadas ALSO PRESENT: Donal Walsh, Attorney James Margotta,. Building Inspector Chairman Fitzpatrick called the meeting to order at 8:05 P.M. 1. VonLosberg/Malofsky, 10 Evergreen Way-Continued. Mr. Robert Ciamei, Architect stated that the house was presently non-conforming on a lot size of 10,500 square feet instead of 15,000 square feet as called for in the Code. Mr. Ciamei outlined the proposed addition to the house which would consist bedroom, bath and.office, to be constructed over the present garage. Mr. Margotta stated that the addition will be over the garage and would not change the non-conforming use. Mr. Paolontonio asked what type of business would be conducted in the office, and if there would be any employees. Mr. Malofsky stated he a Vice-President of an Insurance Company in New York City and commutes every day. He stated that he would bring work home in preparation of meeting clients outside his office. He also stated there would be no increase in traffic as clients would not be coming to his home. Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. No one spoke. Discussion followed regarding the height of the house and garage and the proposed height of the new addition. There being, no further comments Mr. Morabito moved, seconded by Dr. Masias to close the public hearing. Carried. Mr. Morabito moved, seconded by Mr. Paolontonio that pursuant to SEQRA, this is a Type II Action and will have no adverse impact on the environment. Carried.' -'i:-s. ^^^S^^^i-i^v'isciA^i^biisiiiiAl i&ikfSsai^i^m^^XisS^^^^^^tinfm �,f <?T" • ' -2- ft Mr. Morabito moved, seconded by Mrs. Galgano to grant the request on condition that there be no excess traffic in and out of residence for business purposes and . there be no office staff to-work in the residence. Carried. 2. Public Hearing-James Hogan, 19 Maple Street-Certificate of Occupany for Three Family Residence. Clerk read the public notice to hear and consider an appeal by James Hogan of 192 Webber Avenue, North Tarrytown, New York from a decision of the Building Inspector which denied a Certificate of Occupancy, for a three (3) family house located at 19 Maple Street, North Tarrytown, New York on the following grounds: Premises are listed as a two (2) family home on the tax roll of the Village of North Tarrytown. Mr. Hogan presented the affidavit of service=to the Clerk. who Chairman Fitzpatrick asked if there was anyone present would like to address the Board. Mr. Hogan stated that the building was a large three story building .and each apartment is self-sufficient. He stated there would be no impact on the neighborhood as the building has been used as a three family residence for over thirty years. Chairman Fitzpatrick stated.that .the Board had received several affidavits supporting the application from nearby neighbors There being no further comments, Mr. Morabito moved, seconded by Mrs. Mauhs to close the public hearing. Carried. Mr. Morabito stated he was in favor of granting the variance as it has been a three family house owned by the Hogan family for many years. Mr. Palontonio stated that the affidavits received by the Board attested to the .residence being a three family house for many years and there were no objections from the audience, therefore the variance should be granted. Mr. Paolontonio moved, seconded by Mr. Morabito that pursuant to SEQRA this is a Type II Action and will have no adverse impact on the environment. Carried. Mr. Paolontonio moved, seconded by Mr. Morabito that the variance be granted as requested and the village records be corrected to reflect the premises as a three family residence. Carried. 3. Public Hearing-Christine Mangieri, 404 North BroadwayCertificate of Occupancy for three family residence. Clerk read the public notice to hear and consider an �appeal by Christine Mangieri from a decision of the Building Inspector which denied a Certificate of Occupancy for a three family residence with store on the following grounds: Premises which has a street address of 404 North Broadway, North Tarrytown, New York 10591, is listed in the Mxmicipal records as a two family residence with a store. Mr. Morabito moved, seconded by M r s . Galgano that the public hearing be opened for commetits. Carried. Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. Mr. Gerald Klein, Attorney representing Christine Mangieri submitted proof of service to the Clerk. Christina Campbell, daughter of Christine Mangieri stated her mother was unable to appear before the Board as she is elderly and is not well. Mr. Klein stated that the building has been used as a three family residence with a store on the ground floor since the 1930's. Chairman Fitzpatrick reported that the Board had received a report from the Code Enforcement Officer stating that he had inspected the premises and found one commercial store and five separate apartments.(Copy in official m i n u t e s ) . Mrs. Campbell agreed with the report but clarified it,by stating that there were furnished rooms with bath which were rented separately. She stated that the physical features of the building have never been changed. Mr. Morabito stated that the Fire Inspector stated there were hot plates being used in the furnished rooms which was not permitted under the Code. Mrs. Campbell stated she would have the tenants remove them immediately, as she was not aware they were using them. Mr. Klein stated that M r s . Mangieri was refinancing heir mortgage and had a commitment from the bank which expired at the end of the month. Discussion followed regarding removal of doors and the vacating of the furnished rooms. Board members felt that a reinspection should be made prior to the consideration of the variance request. Mrs. Galgano stated the matter has been going on for so long another thirty days shouldn't make much difference. Dr Masias felt that the violations should be remedied prior to the granting of the variance. He stated that the Code Enforcement Officer should reinspect the property prior to the �> «i^ next meeting of the Board. Mr.* Paolontonio moved, seconded by Mr. Morabito that the matter be continued at the February meeting, that the furnished rooms be vacated and the Code Enforcement Officer be .allowed to inspect the premises prior to the next meeting. Carried. * » "• - The Board recessed for five minutes. 4. Public Hearing-Gerald:Bregman, 185 Valley Street- Stores and apartments. " '__ Clerk read.the public notice to hear and consider an appeal by Gerald Bregman from a deciaion of the Building Inspector which denied a building permit for renovation/construction of 195 Valley Street from its existing use as a hardware store into a mixed use building with five stores and five apartments. In order for a building permit to be issued, and final site plan approvel to be given by the Planning Board, the following variances required by the Schedule of Regulations of the Zoning Ordinance of the Village of North Tarrytown for the C-Zdistrict include; *required rear yard setback 25 feet: as planned 0 feet *maximum lot coverage 30 percent; as planned 60 percent *front yard setback 20 feet; as planned 0 feet *one side yard setback, 5.0 feet; as planned 0 feet *both side yards must total 15 feet; as planned 0 feet side yards provided *open space r quired; 100 sq. feet per dwelling unit totalling 500 sq. feet; as planned; no open space provided Other variances are requested for requirements outside the schedule of regulations. *required off-street loading area as per Section 62-14E; one; loading area provided; none *required residential parking spaces as per Section 62-14E; eight; parking shown on plans; none Arthur Litt, Attorney representing Gerald.Bregman presented affidavit of service to the Clerk. Mr. Litt outlined the proposed project stating the lot is an irregular shape. Mr. Bregman has been trying to sell the property for. over a year and now has a buyer who is interested, but the -above variances are required. Mr. Litt stated he has conferred with the Mayor who is in favor of the project. He stated there will be no adverse effect on the area and the project will increase the assessables and will improve the looks of the neighborhood. Ron Turnquist, Architect for the project presented a model of the project and photos of the building as it now exists and stated that the building will conform to all codes. ""«?'* • „ * * - - . * ' - ^ ^ - " i_,, „JU! „-*-„, ^jt - - \ ^ ^ ; ^ r „ , - S - : U ^ ^ ^ " ^ �Mr. Litt stated that the major problem was parking. He stated that there is no parking for the retail stores now and there will be none after the project is completed. He stated the purchaser has contracted to purchase the property at 76 Chestnut Street, which is within two hundred feet of the project, and will provide parking for eight residents cars, plus he will dedicate ten additional spaces for use by the village. Mr. Litt asked that the Board approve the off-site parking area but could defer issuance of a c.o. until the parking area is completed. Mr. Margotta stated that the Chestnut Street property is in a C-2 District and no variances are needed for parking lot construction Mr. Turnquist stated that the parking spaces would be assigned spaces.to residents of the new building. One handicapped space will be provided in an appropriate location. Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. George Samares, 175 Valley Street stated that some property owners were not notified. Mr. Walsh stated 39 letters were sent out and 37 receipts were returned. Mr. Walsh stated that only those property owners within two hundred feet of the project site need to be notified. Mr. Walsh and Mr. Margotta confirmed the Village had listed all property owners within the 200 feet for the use of the applicant. Mr. Samares presented approximately six letters from property owners in the area who objected to the granting of the variances. (Copy in official minutes). Mr. Samares stated the area cannot warrant any more building unless parking is provided and felt it was not legal to have parking on Chestnut Street for the proj ect. Chairman Fitzpatrick stated that the owner needs to provide only eight spaces for the apartments and according to the code is allowed to provide said spaces within 200 feet of the building, and the proposed off-street parking lot is only 70 feet from the proposed project. Frank Occhipinti, 8 Gesner Place stated that the.building is now vacant and feels that the Board should grant the variances. Mr. Caetano stated he feels that the renovation building would be an asset to the community. of the Elle Samares, 175 Valley Street stated the Board should drive down Valley Street and see the condition of the area and feels the variances should not be granted as there is not enough parking now. �There being no further comments, Mr. Morabito moved, seconded by Mrs. Galgano that the public hearing be closed. Carried. Mr. Morabito moved, seconded by Mr. Paolontonio that pursuant to SEQRA this is a Type II Action and will have no adverse effect on the environment. Carried. Mr. Morabito moved, seconded by Dr. Masias that the variances.be granted as requested, with the express condition that the variances relating to the construction of the apartments are conditioned specifically on the acquisition of 76 Chestnut Street for off-street parking, and the approval of the off-street parking site by the Planning Board, and that eight parking spaces be dedicated for-the express use of the apartments and the remaining ten spaces be dedicated to the village for its use. Carried. MINUTES Dr. Masias moved, seconded by Mrs. Mauhs that the minutes of the meeting held on December 15th, 1993 be approved as submitted. Carried. OLD BUSINESS Discussion regarding the Rock of Salvation project on Cortlandt Street and the issuance of a demolition permit followed. There being no further business to come before the meeting Mr. Morabito moved, seconded by Dr. Masias that the same be duly adjourned. Carried. Respectfully submitted, \Irene Amato Acrting Clerk �14-lv*2 (2'67}~7c S17.21 Appendix A State Environmental Quality Review SEQR FULL ENVIRONMENTAL ASSESSMENT FORM ^ A o s e : The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project e v i c t i o n may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasureable It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who h.^ve knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to p ovide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full I \F is comprised of three parts: Part 1 : Provides objective data and information about a given project and its site. By identifying basic project data, it assists a r«,viewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentiallylarge impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Pfrt 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE-Type 1 and Unlisted Actions D Identify the Portions of EAF c< mpleted for this project: Part 1 D Part 2 DPart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting ormation, and considering bcth the magitude and importance of each impact, it is reasonably determined by the r ad agency that: D A. The project will net result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. D B. Although the projec t could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration w i l l be prepared.* C. The project may result in one or-more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions D Valley Plaza (185 Valley Street, North Tarrytown, NY) Name of Action L. {HO&- Print o r T y ^ e Nam Name of Lead Agency T>Ai/nr> Title of Responsible Officer jsponsibl^Of fjcer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Date �PART 1 —PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This d o c u m e n t is d e : gned to assist in d e t e r m i n i n g whether the a c t i o n proposed may have a significant e f f e c:t. t! o n the e n v i r o n m e n t Please c o m p l e t e the entire f o r m . Parts A through E. Answers t o these questions w i l l be considere part of the a p p l i c a t i o n for a p p r o v a l and may be subject to further v e r i f i c a t i o n and public review. Provide any additiona o r m a t i o n y o u believe w i l l b? needed t o c o m p l e t e Parts 2 and 3. # s It is expected t h a t c o m p l e t i o n of the f u l l EAF w i l l be dependent o n i n f o r m a t i o n currently available a n d w i l l not involve new studies, research or investigation If i n f o r m a t i o n requiring such a d d i t i o n a l work is unavailable, so i n d i c a t e and specify each instance. NAME OF ACTION Valley L Plaz;< LOCATION OF ACTION (Include Street Address. Municipality and County) 185 Valley street, North Tarrytown, NY 10591 (Westchester Co.) NAME OF ArPLICANT/SPONSOR BUSINESS TELEPHONE Turnquist Architects (914)631-9107 ADDRESS 95 Beekman .'.venue CITY/PO STATE North Tarry •: own NY r 10591 BUSINESS TELEPHONE NAME OF OWNER (If different) Gerald ZIP CODE (914) 6 3 1 - 0 2 8 7 Bregiran ADDRESS 17 7 Crest Drive CITY/PO STATE NY Tarrytown ZIP CODE 10591 DESCRIPTION OF ACTION Rehabilitation of 1 story retail space and addition of 5 second floor dwelling units. £ Please C o m p l e t e Each Q u e s t i o n - - Indicate N.A. i f not a p p l i c a b l e A. Site Description Physical setting, o f overall projecf, b o t h d e v e l o p e d a n d u n d e v e l o p e d areas. 1. Present l a n d use: ED U r b a n ^Industrial DForest DAgriculture DComrnercial D R u r a l (non-farm) DOthcr 0.11 2. T o t a l acreage o f project area: D R e s i d e n t i a l (suburban) acres PRESENTLY _____ acres AFTER C O M P L E T I O N acres Forested acres acres A g r i c u l t u r a l (Includes orchards, c r o p l a n d , pasture, etc ) acres acres W e t l a n d (Freshwater or t i d a ! as per Articles 24. 25 o f ECL) acres acres W a t e r Surface Area acres acres L'nvegetated (Rock, earth or fill) acres acres acres acres acres acres A P P R O X I M A T E ACREACE M e a d o w or Brushland ( N o n - a g r i c u l t u r a l ) 0.11, Roads, b u i l d i n g s a n d other { a\cd surfaces O t h e r i n d i c a t e type) 3. W h a t is p r e d o m i n a n t soil type.>) on project site? a. Soil d r a i n a g e : DWell 'rained DPoorb N/A % o f site drained D M o d e r a t e l y w e l l drained % o f site % of site b. If any a g r i c u l t u r a l land is i v o l v e d . h o w m a n y acres of soil are classified w i t h i n soil group 1 t h r o u g h 4 of the NY! v Land C l a s s i f i c a t i o n Syslerr ' acres (See 1 NYCRR 370). i ^ t tre there b e d r o c k o u t c r o p p i n g ' o n project site? a. W h a t is d e p t h t o bedrocks N/A DYes DNo ( i n feel) 2 3 . , « , 4 . ^ ^ H i v ^ S ^ w w i f c s r f a c ^i ^ k ^ - ^ K M - * * * * * * ^ ? �. 5. Appro*''Male p e r c e n t a g e of n o p o s e d project site w i t h slopes UO-10% N/A % DlO-15% D l 5 % or greater f > ..6 % % Is p r o / r M s u b s t a n t i a l l y c o tiguous to. or contain a building, site, or district, listed on the State o r the N a t i o n a l Registers of H i s t o r i c Place?' DYes ©No ^ L I* project s u b s t a n t i a l l y c o n ' guous to a site listed on the Register of N a t i o n a l N a t u r a l Landmarks? M ht» ^ K W h a t is the d e p t h o f the water table? ' A DYes JSMo (in" feel) 9. Is site l o c a t e d over a p r i m r r y . p r i n c i p a l , or sole source- aquifer? DYes D3No 10. Do h u n t i n g , fishing o r she'l fishing o p p o r t u n i t i e s presently exist i n the project area? DYes ©No 1 1 . Does project site c o n t a i n any species of plant or animal l i f e t h a t is i d e n t i f i e d as threatened o r endangered? DYes _ Identify 0 N o According to e a c h spec-es 12. Are there any u n i q u e or v uisual land forms" on the project site? (i.e.. cliffs, dunes, other geological formations) DYes ENo Describe . : 13. Is t h e p ' o j e c t site presenr y used b y t h e c o m m u n i t y or n e i g h b o r h o o d as an open space o r recreation area? DYes tSNo f yes, explain . 14. Does the present site inch de scenic views k n o w n t o be i m p o r t a n t t o the community? DYes a No 15. Streams w i t h i n o r c o n t i g u o . s l o project area None . : a. N a m e o f Stream i n d name o f River t o w h i c h it is t r i b u t a r y 16. Lakes, pc-nds. w e t l a n d area: w i t h i n or contiguous t o project area: .-> Name None .___ 17. Is the s i ' ° served by existing public utilities? ©Yes f> Size ( I n acres) i'JNo a) If Yes. does s u f f i c i e n t c a i a c i f v e*ist t o allow- c o n n e c t i o n 7 ESYes ^ ^ B b) If Y e ' , w i l l i m p r o v e m e n t * b'* necessary t o allow Conner-ion? DNo DYes ENo 18. Is the sM" l o c a t e d i n an a g - i c u l ' u r a l district certified pursuant t o A g r i c u l t u r e and /Markets Law, A r t i c l e 25-AA, Section 3fs3 and 304? Dies SNo 19. Is the site located i n o r subr-'anliallv contiguous t o a Crip, al E n v i r o n m e n t a l Area designated pursuant t o A r t i c l e 8 of the E D . and 6 NYCRR M / ? %\es p ^ 20. Has the r i t e ever been used for the disposal of solid or h a - a r d o u s wastes* DYes HNo B. Project Description 1 . Physical dimensions a n d scale o f project ( f i l l i n dimensions as a p p r o p r i a t e ) a. T o t a l contiguous acreaee o w n e d or c o n t r o l l e d by p r o j c ( sponsor b. Proje* t acreage t o be d e v e l o p e d : N / A A'M acres i n i t i a l l y ; c. Project acreage t o r e m a i n u n d e v e ' o p e d D d . Length o f p r o j e c t , in m i l e . : f l f appropriate:) ?J/A N/A 0 - 1 1 acres. &_U . acres u l t i m a t e l y . aces. e. If the project is an exparr ion. i n d i c a t e percent of e x p a - r r o n p r o p o s e d 70 f. Numb,- of off-st,eel p a , ^ g spaces existing ^ n _ _ . g Maximum vehicular trip? ? enerated per hour ^ rJ * - * *** h. If residential: N u m b e r arse type of housing units: One Fam ly T w o Family , ^ p o W ^ v M u l t i p l e Family Q Ultimately 5 33 ^ U ^ ( u p o n c o m p l e t i o n o f project)? Initially i. Dimensions (in feet) o f l a a »st proposed structure %; height; ^ ».-•-- A ? ^ ^ Condominium . 50 j . Linear feet of f r o n t a g e alo g a p u b l i c thoroughfare project w i l l o c c u p y is width; ? 290 120 length. fj • 4 *3aS*^«4^jk^ : i^5£*sai»i3cito*'iS \ --:^-- -: iCS^^fi^^-*-^-*** L " ^s* 1 *^" �2. H o w m u c h natural material (»t »ock. earth, etc j -..ill be r e m o v e d f r o m the sit > 3. W i l l d i s t u r b e d areas be r e c l a i m e d ' GYes DNo toi.s/cubic yards K3N/A ft- If yes. for w h a t intend . purpose is the site being reclaimed? b. W i l l topsoil be stockpiled lor r e c l a m a t i o n ' N / A DYes _ D N o c. W i l l upper subsoil be stockpiled for reclamation? DYes DNo 4. H o w m a n y acres of vegetation (trees, shrubs, g r o u n d covers) w i l l be r e m o v e d fr„>m site? N/A acres. 5. W i l l any m a t u r e forest (o\er 100 years old) or other l o c a l l y - i m p o r t a n t vegetatio . be r e m o v e d b y this project? DYes KlNo 6. If single phase project: A n t i c i p a t e d period of c o n s t r u c t i o n 6 month', (including demolition). 7. If multi-phased: a. T o t a l number of phases anticipated N/A ^_ (number) b. A n t i c i p a t e d date of commencement phase I month year, ( i n c l u d i n g demolition) c. A p p r o x i m a t e c o m p l e t i o n date of f i n a l phase month year. d. Is phase 1 f u n c t i o n a l l y dependent o n subsequent phases? 8. W i l l blasting occur during construction? DYes ; after p r o j e c t is c rnplete f) 15 + . 1 1 . W i l l project require relocation of any projects t.i facilities? 12. Is surface liquid waste disposal involved? D l !o GSNo 9. N u m b e r of jobs generated during c o n s t r u c t i o n _ . 3 0 A 10. N u m b e r of jobs eliminated by this project DYes D'ies DYes (v|N\ If yes, e x p l a i n fcQNo a. If yes. indicate type or waste (sewage, i n d m t i i a l , etc.) a n d a m o u n t b. N a m e of water body into w h i c h e f f l u e n t w i l l be discharged 13. Is subsurface l i q u i d waste disposal involved? £3Yes ' DNo T>pe Sewage v 14. W i l l surface area of an existing water b o d y incic.-.se ur decrease by proposal? Explain 15. Is project or any p o r t i o n of project l o c a t e d in a H»0 year f l o o d plain? 16. W i l l the project generate solid waste? £DYes a. If yes. w h a t is the amount per m o n t h b d 2 - ** • QYt'- ® N o tons \^T^-^umri^^^r QQYes O^^ ^ J . DNo ; Helton r t r c c t W i l l any wastes not go into a sewage disposal system or i n t o a sanitary lar-;i'ill? e. I f Yes, explain . DYes a. If yes. w h a t is the anticipated rate of d i s p o s a l ' 18. W i l l p r o j e c t use herbicides or pesticides? rZJNo KJNo years. DYes LMNo 19. W i l l p r o j e c t r o u t i n e l y produce odors ( m o r e t h a n one hour per day)? D Y e s L:No 20. W i l l p r o j e c t p r o d u c e operating noise exceeding the l o c a l a m b i e n t noise levels? 2 1 . W i l l p r o j e c t result in an increase in energy use? (3Yes DYes JHNG D N o e l e c t r i c a l & qa^3 f o r h e a t i n g and 1 g h t i n q 22. If water supply is f r o m wells, indicate p u m p i n g c a p a c i t y Total a n t i c i p a t e d water usage per d a y 2 0 0±- . _ Z i l gallons/i . i n u t e . gallons/day. 0.^<^0%. 24. Does p r o j e c t i n v o l v e Local, State or Federal funding? If Yes, e x p l a i n DYes tons/month b. If yes. w h a t is the anticipated site life? If yes , indicate type(s) PgeEJl<>\ . 17. W i l l the project involve the disposal of s o l i d waste? 23. E^No DNo If yes, w i l l an existing solid waste f a c i l i t y be tiseii? c. If yes. give name DYes DYes . v © N o - 4 | £ O 0 ^ p<* . ,., .. �2*> ApprosaU Required: Submittal Date Type r- City. T o w n . V i l l a g e Board P City. T o w n Z o n i n g Board EJYes DN6 City. C o u n t y H e a l t h D e p a r t m e n t DYcs RNO Other L o c a l Agencies ISYes DNo Other R e g i o n a l Agencies DYes RNo State Agencies DYes 63 No Federal Agencies DYes 13 No City. T o w n . V i l l a g e Planning Board KYes t'JNo building permit fSYcs DNo planning hnnrrl >narrT ^ipprnv^l variannp arr?hi h p r f n r a l review board. C. Zoning and Planning Information 1. Does p r o p o s e d a c t i o n i n - . o k e a p l a n n i n g or zoning decision? IjgYes DNo If Yes. indicate decision required: O z o n i n g amendment Cvzoning variance U s p e c i a l use p e r m i t v D n e w / r e v i s i o n o f m.v er p!--n Drcr-ou'cc manan« ment p l a n 2 . W h a t is the z o n i n g class* 'ration(s)of the site? Dsubdivision © s i t e plan Gother C--2 H ^ c a n t i l c 6&*era.l ^ M l / ^ ^ ' f t J 3 . W h a t is the m a x i m u m p»> ?ntiol d e v e l o p m e n t of t h r site if d e v e l o p e d as p e r m i t t e d b y the present zoning? _ p r e R e n 11.y nOUT- uii£cvani n q „ r 4 . W h a t is t h e proposed zo- -rig of t h e site? Lacrk JR_.n n r k i n q , exi.s-fci.zv-? eiic.. & multip-U? = nn expansion p e r m i t terl dwelling 5 . W h a t is the m a x i m u m p o ' -filial d e v e l o p m e n t of the site if d e v e l o p e d a^- p e r m i t t e d b y the proposed zoning? Nefte 6. 0*2 Si^it fistula o^-f>^of*Wli cW^l-V * ftUltipteAuvfCllihl ] rtfai'l \6fh'ct\C0tor*4rtfoJ Is the p r o p o s e d a c t i o n co* distent w i t h the recommended uses in a d o p t e d l o c a l land use plans? W h a t are the p r e d o m i n a n KJYes DNo land use(s) a n d zoning c l a r i f i c a t i o n s w i t h i n a V* m i l e radius o f proposed action? 8. I : t h e p r o p o s e d a c t i o n c o m p a t i b l e w i t h adjoining'surrounding l a n d us^s w i t h i n a V* mile? 9. If the p r o p o s e d a c t i o n is '.he subdivision o f land, how many lots are proposed? ®Yes DNo N/A a. W h a t is the m i n i m u m ' l o t size proposed 7 10 W i l l p r o p o s e d a c t i o n refit- -e any a u t h o r i z a t i o n ^ } for t h - f o r m a t i o n of sewer or water districts? 11. W i l l t h e proposed a c t i o n rreate a d e m a n d - f o r any c o m m u n i t y p r o v i d e d services (recreation, e d u c a t i o n , police, fire protection)? KYer DNo a. If yes, is existing r ipacity s u f f i c i e n t t o handle projected demand? KJYes J©No DNo 1 2 . - W i l l t h e p r o p o s e d a c t i o n i suit i n the generation of traffic s i g n i f i c a n t l y a b o v e present levels? a. If yes, is the exists n road n e t w o r k adequate to h.mdle the a d d i t i o n a l traffic? K^^s DYes DYes EJNo DNo D. Informational Details A t t a c h a n y a d d i t i o n a l i n f o r m a t i o n as m a y be needed t o c l a r i f y y o u r p r o j e c t If there are o r m a y be any adverse impacts associated w i t h your p oposal. please discuss such impacts a n d the measures w h i c h y o u propose t o mitigate o r avoid them. E. Verification I c e r t i f y t h a t t h e i n f o r m a t i o n p r o v i d e d above is true "to the best o f m y k n o w l e d g e . Applir*rit«ymMgy«gi»g t lature Jy^JAMjAy »e p c i i o n i w i t h this assessment. Turr.quist I UAv- > VuAyi HMP A r c h i t e c t s "" Title 12/24/93 Architect I A r r V and y o u are a stale agency, c o m p l e t e the Coastal Assessment F o r m b e f o r e proceeding 5 �r Pan '-PROJECT IMPACTS AND THEIR MAGNITUDE Responvibilil) o| Lead Agency tJenrr->| Information (Read Ca' •fully) • In completing the f o r m the • -viewer should be guided b\ tlie question Have my responses and determinations been • d determination* reP5f«nable? The reviewer is ' ot expected to be an expert environmental analyst. denlifying that an impact v 'I be potentially large (column 2) does not mean that it is also nee ecessarily significant. j * An> large impact must be e^ iluated in PART 3 to determine significance. Identifying an impaict in column 2 simply p asks that it be looked at fur' ier. • The Txamples provided are t' majr'itude that w o u l d trigger for most situations. But. for for .-> Potential Large Impact assist the reviewer by shoeing types of impacts and wherever possible the threshold of a response in column 2 The examples are generally applicable throughout the State arid my specific project or site other examples and/or lower thresholds may be appropriate 'espouse, thus requiring evaluation in Part 3. •„Tbe impacts of each projec'. on each site, in each locality, will vary. Therefore, the examples are illustrative and hav^ been offered as guidance. 1he> do not constitute an exhaustive list of impacts and thresholds to answer each question. • Thr "umber of examples per juest»on does not indicate the importance of each question. • In identifying impacts, consir ?r Ion?, term, short term and emulative effects Instructions (Read carefully) a. Answer each of the 19 quest ->ns in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be cc 'sidced as Yes answers. c. If answering Yes to a quests i then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold er 'air- or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, cheel column 1. d. If reviewer has doubt about - ^e of the impact then consider the impact as potentially large and proceed to PART 3. r r i. e. If a potentially large impact (Necked in column 2 can be migrated by chang^(s) in the project to a small to moderate impact, also check the Yes !«-»x in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3 IMPACT ON L A N D 1 . W i l l the proposed action resul in a ph\<ical change to the project site? S-NO DYES Examples that would apply to co'umn 2 • Any construction on slopes of ' 5 % or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10% • Construction on land where t h * depth to,the water table is l^'s than 3 feet. 1 2 Small to Moderate Impact Potential Large Impact D D DYes DNo D D DYes DNo n DYes DYes DNo DNo 3 v Can Impact Be Mitigated By Project Change • Construction on land where bedrock is exposed or generall> within 3 feet of existing ground surface. D . D D • Construction that will continue for more than 1 year or involve more than one phase or stage. D D DYes DNo • Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e.. rock or soil) per year. D D. DYes DNo • Construction or expansion of a sanitary landfill. D G D D D DYes DYes DNo DNo n DYes DNo • Construction of paved parking area for 1,000 or more vehicles • Construction in a designated f l ' odway • Other impacts L 2 . W i l l there be an effect t- ...iy i*:;que f>r unusual land forms found on ^ f c e site? (i.e.. cliffs, dunes, geol pica! formations. etc.)5?NO UYES • ^ ^ eJecifi' c land forms: D D DYes DNo �3 IMPACT ON WATER W i l l proposed a c t i o n affect any water b o d y designated as p r o t e c t e d ' (Under Articles 15. 24. 25 of he f m i r o n m e n t a l Conservation Law. ECL) EJNO F ^ m p l e s that w o u l d appK to c o l u m n 2 • Developable area of site ct lain* a p r o t e c t e d water body. 1 2 Small to Moderate Impact Potential Large Impact • D D •Yes •Yes DNo • • • •Yes •Yes •Yes DNo • • • • Yes DNo • Yes • Yes DNo DNo • • • • • • • • • • • Yes • Yes DNo DNo D • Yes DNo • • • • • • Y es • No •Yes •Yes • No • No •Yes •No •Yes •No D • •Yes •No • D •Yes •No a • • Yes •No • D •Yes DNo • D •Yes GNO DYES • Dredging m o r e t h a n 100 cu v »c yards of m a t e r i a l f r o m channel of a protected s t r e a m . D • Extension of u t i l i t y distribute ' facilities through a protected water body. D • Construction in a designate > f r ^ h w a t e r or t i d a l w e t l a n d •, Oth'-r i m p a c t s : '_ 4 . W i l l p r o p o s e d a c t i o n affec» any non p r o t e c t e d existing or new b o d y of water? GDNO DYES Examples t h a t w o u l d apply ' o c o l u m n 2 • A V)% increase or decrease »u the surface area of any b o d y of w a t e r or more t h a n a 10 acre increase or decrease. • C o n s t r u c t i o n of a b o d y of wa*er that exceeds 10 acres of surface area. • OtlK-r i m p a c t s : . 5 . W i ' l Proposed A c t i o n affect surface or g r o u n d w a t e r q u a l i t y or q u a n t i t y ? K?NO Examples t h a t w o u l d apply o c o l u m n 2 « that does not ave a p p r o v a l t o serve p r o p p e d (project) a c t i o n r o p ^ r e d A c t i o n requires wa? r <i«prh- f r o m w e l l * w i t h £•<• a'--: t h a n 45 gallons per m i n u t e p u m p i n r ri 'ap* .l\ • Construction or o p e r a t i o n ce* "inn an> c o n t a m i n a t i o n of a w a t e r supp'y system. P r o p p e d A c t i o n w i l l adverse affect g r o u n d w a t e r . Liquid e f f l u e n t w i l l be conve\« i off IfV site t o facilities w h i c h presently do not exist or have inadequ e capacity. • P r o p p e d A c t i o n w o u l d use day. ater in excess of 20.000 gallons per • Propc ?ed A c t i o n w i l l likely cr ;se s i l t a t i o n or other discharp.' 1 i n t o an existing b o d y o f w a t e r t o the r ent that there w i l l be an obvious v i s u a l contrast t o n a t u r a l conditions • Proposed A c t i o n w i l l require the storage o f p e t r o l e u m or c h e m i c a l prodf-rts greater t h a n 1,100 p---lions. • Proposed A c t i o n w i l l a l l o w re idential uses in areas w i t h o u t w a t e r and/or sewer services. • P r o p p e d A c t i o n locates c o m m rcial and/or i n d u s t r i a l uses w h i c h m a y r e q u i r ° n e w or expansion of e* sting w a s t e t r e a t m e n t and/or storage facility. • Other impacts: 6 ^ W i l l p r o p o s e d a c t i o n alter r'-ainage f l o w or patterns, or ^ ^ a t e r runoff? ©NO ^^ExarnpJes that w o u l d a p p l y to c o l u m n 2 • Proposed A c t i o n w o u l d change f l o o d w a t e r f l o w s . 7 • • D • • DNo DNo DNO DYES • Proposed A c t i o n w i l l require i discharge p e r m i t . • Proposed A c t i o n requires u<-•• of a source of water Can Impact Be Mitigated By Project Change surface DYES �3—~1 Moderate Impact 2 Potential Large Impact D D D D D D D D DYes DYes DYes DYes DNo DNo DNo DNo D D DYes DNo • Proposed Action w i l l result in he incineration of more than 1 ton of refuse per hour. D D DYes DNo • Emission rate of total contami lants will exceed 5 lbs. per hour or a heat source producing more t h j n 10 million BTU's per hour. D D DYes DNo • Proposed action will allow an increase in the amount of land committed to industrial use. D D DYes ONo • Proposed action will allow an increase in the density of industrial development within existing industrial areas. D D DYes DNo • Other impacts: D D DYes DNO • Reduction of one or more speci?s listed on the New York or Federal list, using the site, over or near -ite or found on the site. D D D Y es DNc • Removal of any portion of a < itical or significant wildlife habitat. D D D D DYes DNo DYes DNo D D D Y es D N O Small to • Proposed Action may cause substantial erosion ^proposed Action is incompatible with existing drainage patterns. • Proposed Action will allow development in a designated floodway. • Other impacts: ] Can Impact Be Mitigated By Project Change I M P A C T O N AIR 7.-Will proposed action affect z r quality? 0NO DYES Examples that would apply t( column 2 • Proposed Action w i l l induce 1. XX) or more vehicle trips in any given hour. t • J \ G E C r, IMPACT ON PLANTS A N D A N I M A L S 8. Will Proposed Action affect a .y threatened or endangered ^fcpecies? ENO ^ ^ x a m p l e s that would apply to column 2 DYES • Application of pesticide or herb cide more than twice a year, other than for agricultural purposes. • Other impacts: ,_, 9. Will Proposed Action substant ; ; lly affect non-threatened or non-endangered species? K)NO Examples that would apply to-CDlumn 2 [ DYES * Proposed Action w o u l d substar Jially interfere with any resident or migratory fish, shellfish or wildMe species. D D DYes DNo * Proposed Action requires the removal of more than 10 acres of mature forest (over 100 year:- of age) or other locally important vegetation. D D DYes DNo c c IMPACT ON AGRICULTURAL L A N D RESOURCES 10. Will the Proposed Action affect agricultural land resources? ENO DYES Examples that would apply to column 2 * The proposed action w o u l d sever cross or limit access to agricultural (includes cropland, hayfields. pasture, vineyard, orchard, etc.) I; D D DYes DNo c • 8 G �• onstruction activity would txcavate or compact the soil profile of agricultural land. • The proposed action would iireversibly convert more than 10 acres of agricultural land or. if lc ated in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would dis upt or prevent installation of agricultural land management systems (eg . subsurface drain lines, outlet ditches. •ctrip cropping); or create a nerd for such measures (e.g. cause a farm field to drain poorly due to i ' creased runoff) • O t h e r impacts: IMPACT ON AESTHETIC RESOURCES 1 1 . W i l l proposed action affec* aesthetic resources? &)NO DYES (If necessary, use the Visual EAF Addendum in Section 617.21. Appendix B.) Examples that would apply to column 2 • Proposed land uses, or proje<? components obviously different from or in sharp contrast to curren: surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible -to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. ^ • C r o j e c t components that will result in the elimination or significant ^^Prreening of scenic views kno-»n to be important to the area. • Other impacts. IMPACT O N HISTORIC AND ARCHAEOLOGICAL RESOURCES 1 2 . W i l l Proposed Action impa< t any site or structure of historic, preBNO DYES historic or paleontological nportance? Examples that would apply t • < olurnn 2 • Proposed Action occurring wh •IK or partially within or substantially continuous t o any facility or si? licfr^ o n the State or National Register of historic places. • Any impact to an archaeologi' i l site or fossil bed located within the p r o j r ; * site. • Prop f i ?d Action w i l l occur i an area designated as sensitive for arch,T »logical sites on the N^i Site Inventory. • Other impacts: IMPACT O N OPEN 5 ' A C E A N D RECREATION 1 3 . W i l l Proposed Action affect the quantity or quality of existing or future open spaces or recre. tional opportunities? Examples that w o u l d apply '.o column 2 QNO DYES l a t t i e permanent foreclosure of 3 future recreational opportunity. ^ ^ major reduction of an open space important to the community. • Other impacts: Small to Moderate Impact 2 Potential Large Impact D D DYes DNo D D DYes DNo D D D Y es DN< D D DYes DNo D D DYes DNo D D DYes DNo D D DYes DNo D D DYes DNO D D DYes DNo D D DYes DNo D D DYes DNO D D DYes DNO D D D D D D DYes DYes DYes DNO DNO DNO Can Impact Be Mitigated By Project Change �t Small to Moderate Impact 2 Potential Large Impact D D D D D D DYes DYes DYes DNo DNo D D DYes DNo • Proposed Action will require the creation or extension of an energy transmission or supply systerr to serve more than 50 single or two family resiliences or to serve a maj i conimercial or industrial use. D D DYes DNo • Other impacts: D D DYes DNo • Blasting within 1,500 feet < * a hospital, school or other sensitive ^_aciiily. D D D Y es DNo ^ ^ R ) d c r s w i l l occur routinely ( r o r e thnn one hour per day) D D D D DYes DYes DNo • Proposed A c t i o n will r e m o \ " natural barriers that nould act as a noise screen. D D DY es DNo • Other D D D Y es DNO • Proposed Action may cause a : sfc of explosion or release of hazardous substances (i.e. o i l , pesticides, < lemicals, radiation, etc ) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. D D DYes DNo • Proposed A c t i o n may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, h ghly reactive, radioactive, irritating, infectious, etc.) D D DYes DNo • Storage facilities for one miHK n or more gallons of liquified natural gas or other flammable liquid' D D DYes DNo • Proposed action may result i i the excavation or other disturbance ^m^ithm 2.000 feet of a site usee: for the disposal of solid or hazardous D D DYes DNO D D DYes DNo IMPACT O f ! T R A N S P O R T A T I O N 14 Will there be an effect to existing transportation systems? KJNO Examples that would apply to column 2 DYES Alteration of present patterns of movement of people andfor goods. • Proposed Action will result »n major traffic problems. • Other impacts: ___ Can Impact Be Mitigated By I) Project Change/^ DNO t f IMPACT O N ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? j}()NO DYES Ftamples that would app'y to column 2 • Proposed A c t i o n will cause i greater than 5% increase in the use of any form of energy in the n, rnicipality. [ T NOISE Af 1 ODOR IMPACTS 16. W i l l there be objectionab ? odors, noise, or vibration as a result of the Proposed Action? GJNO DYES Examples that would appl\ o column 2 • Proposed Action will produ- e operating noise exceeding the local ambient noise levels for nois outside of structures impacts: IMPACT O l DNO PUBLIC-HEALTH 17. W i l l Proposed Action affec public health and safety? SNO Examples that would apply o column 2 DYES L ^Baste • Othc: impacts: . 10 ( �1 1 2 3 Small to Moderate Impact Potential Large Impact Can Impact Be Mitigated By Project Change • The permanent population i the city, town or village in which the . project is located is likely t' grow by more than 5%. D D DYes DNo • The municipal budget for c pitnl expenditures or operating services w i l l increase by more than f ?o per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. D D •Yes DNo D D D D D D DYes DYes DYes DNo DNo DNo • D DYes DNo D D D a DYes DYes DYes DNo DNo DNo 18 V I M P A C T ON GP. 3WTH A N D CHARACTER O F C O M M U N I Y OR N E I G H B O R H O O D W i l l proposed action af f e( the character of the existing: c ommunity? K'N'O DYES t e m p l e s that would app' to column 2 • Proposed action will cause r change in the density of land use. • Proposed A c t i o n will replace or eliminate existing facilities, structures or .Teas of historic importance to the community. • Development will create a dr nand for additional community services (e.g. schools, police and fire. ?tc.) • Proposed A c t i o n will set an'••npoMant precedent for future projects. • Proposed A c t i o n will create ' r eliminate employment • Other impacts: D D 19. Is iere. or is there likely to be, public controversy related to po' ntial adverse environmental impacts? Q3NO DYES If Any Actio In Part 2 Is Identified as a Potential Large Impact or If You Canned Determine the Magnitude of Impact, Proceed to Part 3 • Part 3-EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of l ^ d Agency Part 3 must be prepared if one :r rn'»re impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the f o l l o w i n g for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact 2 . Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project changefs). 3. Based on the information a w lable, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: * T h e probability of the impact occurring * The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact c m or will be controlled • The regional consequence of the impact . * Its potential divergent <? from local needs and goals » Whether known objections to the project relate to this impact. (Continue on attachments) �PREVIOUS DOCUMENTS IN POOR ORIGINAL CONDITION � 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-1994 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_1994-01-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-1994 Date A point or period of time associated with an event in the lifecycle of the resource 1994 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