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Approved with respect to substance and form:

Village Attorney
Danted:

Approved by the Zoning Board

Chairman or Acting
Dated:

C h a i r m a n ' »

Filed with Village Clerk

_Clei-k—or Deputy Clerk

Dated:

jfafe

�REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
January 18,1995

A regular meeting of the North Tarrytown Zoning Board of Appeals was held on
January 18,1995 at 8:00 p.m. at the Village Hall, 28 Beekman Avenue, North
Tarrytown, New York.
PRESENT:

Frank Paolantonio, Chairman
John Morabito
Gary McLean
Frank Occhipinti
Robert Anello
John Cappello

ABSENT:

Rhonda Mauhs

ALSO PRESENT:

Janet Gandolfo, Attorney
James Margotta, Building Inspector

?

Chairman Paolantonio called the meeting to order at 8:15 p.m.
James Margotta stated that he had a telephone discussion with Trustee Ho reeky
prior to the meeting. Trustee Horecky believes that the ZBA should not consider j
Mr. Rodrigues' application until his recreation fees are paid in full.
Chairman Paolantonio stated that this was not an issue for the ZBA to consider.
It was asked whether 185 Valley Street had been given a CO and the Building
Inspector responded that only the residential units had a CO, the commercial units
did not.
1. PUBLIC HEARING: LAURENTINO RODRIGUES, CHESTNUT RIDGE
HILLSIDE COURT PROJECT
The 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 for construction of a building at 76 Chestnut Street and 83
Depeyster Street The applicant is proposing to remove the existing residences and
replace them with two three-story buildings containing total of 20 dwelling units,

�«

known as Chestnut Ridge/Hillside Construction. The applicant is requesting the
following variances:
1) The minimum lot size for a residential use is 5,000 sq. ft for the first three
dwelling units and 1,500 sq. ft. for each additional dwelling unit. The size of the
property is 18,712 sq. ft. The applicant needs 30,500 sq. ft. for the proposed
development.
2) In the C-2 District, there is a 20-foot front yard setback requirement. The
applicant's plans show a setback of three feet on Chestnut Street and 5.5 feet on
Depeyster Street.
3) A three foot minimum side yard setback is required for a residential use. A
side yard setback of two feet is being proposed for the Chestnut Street side of the
development. The total setback of both side yards is required to be 12 feet. Only
seven feet is provided for the Chestnut Street side of the project and 10 feet for the
Depeyster Street side.
4) A 25 foot rear yard setback is required for a residential use. The applicant's
plan only shows a rear yard of approximately four feet.
5) The maximum building coverage for a residential use is 20%. The applicant
is proposing a building coverage of 47%.
6) A total of 49 parking spaces are proposed for the site. The Code requires a
total of 41. The spaces proposed on the plans are small than the minimum nine feet
by 18 feet size required by the Code.
7) The Code requires that driveways be at least 15 feet from a side lot line at the
street line. The applicant proposes two driveways and neither driveway complies
with the Code.
8) One loading space is required for an office use. The proposed plan does not
provide for any loading spaces.
9) The Schedule of Regulations contains a requirement of 100 sq. ft. of usable
open space per dwelling unit for multiple dwellings. In this case, 2,000 sq. ft. total
would be required. The proposed plan does not show any usable open space.
The premises are known as Section 16, Block 11 and Lot 8 and 15 on the tax
assessment map of the Village of North Tarrytwon.
Chairman Paolantonio asked if anyone in the audience had any comments on this
application.
Mr. Ron Turnquist came forward and stated that he was the architect and
Laurentino Rodrigues was the owner of the project. He explained details of the
project by referring to the site plans distributed to the Board members earlier.
Referring to the project model, he pointed out the features of the buildings.
Mr. Turnquist addressed the financial harship issue and explained why the
applicant needs 20 units approved in the project in order to make it economically
feasible.

�Discussion followed on the financial cost of the project and Board members wanted
more details from the applicant. They questioned how Mr. Rodrigues arrived at the
figures in his cost analysis.
Mr. Turnquist went over the cost of the project and stated that in order to make
any profit, they need 20 units. He reviewed the financial break-down in an effort
to explain in more detail to the Board members.
Mr. Robert Anello commented that there was no proof of financial hardship on the
current ownership. He also asked what was the need to do the project.
He stated that the Board had to look at financial hardship and looking at the
numbers, there was no financial hardship.
Mr. Turnquist tried to explain the reasons why Mr. Rodrigues wants to build the
project. They couldn't do it for 12 units, so that was why they were before the
Board to get approval for the variances needed.
Discussion followed on why the project needs to be done, the expense of the building
now, the maintenance, etc.
Mr. Rodrigues stated that he liked to build new buildings because with old buildings
there is a lot of maintenance and an owner ends up spending more money on
repairs.
Discussion followed.
Chairman Paolantonio commented that he (Mr. Rodrigues) had been buying and
rebuilding houses for a long time. "He didn't go into this project blind, he knows
what he is doing."
The Chairman then asked Mr. Turnquist if he was through with his presentation.
Being that he was, he then asked the Board if they had any questions.
Questions arose on open spaces, parking and the driveways. Mr. Turnquist
answered the questions by referring to the site plans.
Ms. Gandolfo pointed out that terraced spaces were not what was contemplated
when the Village adopted the requirement that new projects have open spaces.
Discussion on open spaces and parking spaces followed.
Chairman Paolantonio asked if anybody else on the Board had any more questions.
There being none, he asked if anyone in the audience had any comments.

•

;-ii5Wfc-&amp;«ss3Je3^3(^#iJs3teVi&lt;&lt;*tta^^

�George Samaras, 175 Valley Street, asked if Gary McLean had a right to sit on the
Zoning Board of Appeals. The question was referred to Ms. Gandolfo who advised
Mr. Samaras to address his question to the Mayor and the Board of Trustees if he
had any issue with the appointments to the Zoning Board of Appeals.
Mr. Samaras tried to continue this line of discussion and the Chairman told him
that the Board was not here to discuss the legality of an appointment. If he had a
complaint, he had to go to the Board of Trustees.
Mr. Samaras "I want to talk about Mr. Rodriques now. Does Mr. Rodrigues have a
permit to dump on his property."
Chairman Paolantonio stated that it had nothing to do with this Board. It was the
Inspector's job.
Mr. Margotta "We recognize that Mr. Rodrigues needs fill and as far as I'm
concerned, he can dump decent fill on his property."
Mr. Samaras continued to argue about Mr. Rodrigues' authority to dump fill on the
property.
The Chairman told Mr. Samaras that he was out of order.
Mr. Samaras was asked to leave by the Police for being out of order but then he was
permitted to return to the meeting.
The Chairman asked if anybody else had anything to say about the application.
Fred Opie, Jr., 55 Batton Road, Croton, New York stated that he owned the
property across the street from 83 Depeyster Street He wanted to known how
much Mr. Rodrigues was going to get for rent for the units.
The Chairman answered that the estimated rent for a 1 bedroom apartment was
$800 and for 2 bedrooms it was $1,000. These were the estimated rents as submitted
by the applicant.
Mr. Opie questioned whether average families could afford to pay this rent? He
stated that the reason he was asking this question was because this neighborhood
was basically a low income neighborhood and he was wondering if the old character
of the neighborhood was going to change because of these rental units.
Robert Anello asked him if he thought that the rental price of $1,000 was higher
than the general rental prices in that neighborhood.
Chairman Paolantonio reminded everyone that the Board only determines area

�and use variances.
Mr. Opie stated that the building could affect the assessment on his mother's
property and any increase in taxes could bankrupt her. He also pointed out that
there is very limited parking on Depeyster Street.
Donald Caetano, 43 Lawrence Avenue, North Tarrytown stated that with G.M.
going away, taxes were going up. Bringing this project in would be good for the
Village and lower our taxes. He praised people who come to this community to
invest.
-j

Mr. Miguel Jimenez, 95 Beekman, North Tarrytown stated that the Chairman
should sometimes be more patient. He stated that some people get excited but that
everybody should have an opportunity to talk even if they are wrong."
Frank Rey, North Tarrytown, stated that he felt that the project was too large.
George Samaras stated that Mr. Rodrigues gets favored treatment all the time and
that the ZBA should think of the impact of this project on the schools. He also
stated that we should let the residents know what we are doing here. Chairman
Paolantonio said that notices were published in the newspaper for all meetings.
Mr. Samaras stated that a lot of people in this Village don't know what's going on in
the Village.
Bob Carpenter, Pocantico Street, North Tarrytown stated that there should be
compromise on both sides. With G.M. on the way out, taxes and rents are going up
for everybody. He stated that he was in favor of the project.
Antonio Amereli, 166 Cortlandt Street and 87 Depeyster Street. "What we talking
about here is the Zoning Law, Zoning Regulation. We talking about the approval of
this project. We need people like Mr. Rodrigues, but that is besides the point.
We are talking about a lot of difference. Too much for this property. Suppose we
approve this plan, I come in a week and I say I want to pull my house down and
built a Ave family house, what is the Board going to say - No?"
Chairman Paolantonio asked if anybody else had any comments. There being
nobody else, he asked for a motion to close the Public Hearing.
John Morabito moved to close the Public Hearing.
Frank Occhipinti seconded.
Motion carried unanimously.
Chairman Paolantonio commented that the Planning Board was going to meet the
next day. They were Lead Agency for SEQR purposes of this project.

�Discussion on whether to adjourn to next month and re-open the Public Hearing
followed.
Chairman suggested to put off the final decision until next month after hearing some
input from the Planning Board.
Robert Anello commented that he wanted to go over the rental numbers and know
where they came from.
John Morabito motion to adjourn this application to next meeting in February.
Frank Occhipinti seconded.
Motion carried unanimously.

2. LAURENTEVO RODRIGUES, 155 VALLEY STREET- PIZZA PARLOR
The 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 for installation of a Pizza restaurant at 185 Valley Street, North
Tarrytown, New York on the following grounds:
Section 6220.1 of the Village Code entitled Restaurants, delicatessens, food
service establishments, taverns, bars and drinking establishments reads that 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 premises are known as Section
16, Block 11, and Lot 1 on the tax assessment map of the Village of North
Tarrytown.
Chairman Paolantonio asked if anyone in the audience wanted to make a comment.
Mr. Turnquist, the architect, came forward and referring to the site plans, went
over the proposed pizzeria. He explained why the "La Piazza" wanted to move to a
new site. He said "We feel that there is room in the Village of North Tarrytown for
another pizzeria."
Robert Anello asked if this property had been on the market to rent. He asked
whether it was hard to rent the space.
Mr. Rodrigues answered "Yes"
Frank Occhipinti asked if his tenants across the street had a problem with this
application.

�Mr. Rodrigues answered "No"
Chairman Paolantonio asked if there were any further comments from the Board.
There being none, he asked the audience if they had any comments.
Ellie Samara, 175 Valley Street, stated that he objected to the pizza store going in.
He stated that North Tarry town did not need another pizza parlor. He questioned
why the Board would make a decision on this case when there was a lawsuit pending
against the Zoning Board for Rodrigues' deli application. He stated the Board
should wait to make a decision.
Chairman Paolantonio told Ellie that this hearing was about a Pizzeria on Valley
Street and not about the lawsuit. They were two different issues.
Ellie Samaras again brings up the law suit and the tax payers paying for the
lawyer's fees.
Donald Caetano pointed out that this project was approved by the Village of North
Tarrytown Zoning Board and by the Planning Board. Mr. Rodrigues is trying to
rent his property. It's up to the Board to give to their best of their ability to this
man who wants to bring a business to North Tarrytown which does not violate any
Code as far as another pizzeria is concerned.
Angelo Guzzo, Beekman Avenue. "I'm here looking into the future of my father's
pizzeria. On a straight line this pizzeria comes to 192 ft. We depend on the people
who walk up from College Arms and Valley Street to buy something. According to
this, it eliminates me. The Piazza is from Tarrytown. There are stores spaces
available in Tarrytown."
Miguel Jimenez questioned the Code, the problems of the previous Code and the
Code as it is now. He suggested that the Board make a proposal and go to the
Village of North Tarrytown and take this law away forever.
Frank Occhipinti told Mr. Jimenez that Major Treacy was a co-author of the Code.
When he realized that it was conter productive and wanted to rectify it, he brought
it up to the Board of Trustees. They didn't want to do anything about it.
Chairman Paolantonio, referring to Mr. Jimenez, said that the Code was put in to
deter the same kind of businesses in the Village. If he didn't like the Code, he could
go before the Board of Trustees, petition and represent your case. The Zoning
Board doesn't have the power to change the Code.
He told him to petition the Board of Trustees to knock this Code out if they didn't
like it. The Code wasn't put to deter competition.

�Ellic Samaras stated that he was opposed to any type of food establishment going in
at this location. He wants to stop the pizzeria. He told the Zoning Board to meet
with the Board of Trustees before it gives an illegal variance. He said to the Board
"Either you go by the book or you don't go by the book. I'm not here to pay
lawyers, I'm here to tell the Board to take the book and follow what is the book."
Donald Caetano stated, "Chairman, maybe a lot of people are not aware, any
variance to be given is up to them. Whether they want to approve or disapprove,
this is the power of the Board. So, all those arguments back and forth, give your
opines, your suggestions; if the Board wants to give it O.K. or say no, its up to them
no matter what variances are within this community."
Mr. Jimenez questioned where are we going to park to get to the pizzeria.
The Chairman stated that the Code doesn't call for parking spaces for a business.
Mr. Margotta commented that there was a business establishment there before
which didn't require parking. Now he's putting in a business establishment which
doesn't require parking except for the upstairs.
Chairman Paolantonio asked for a motion to close the Public Hearing.
John Morabito made a motion to close the Public Hearing.
Robert Anello seconded.
Public Hearing closed.
Gary Mclean stated that this Code in effect creates a monopoly. That's why this is
a free country. If you have a business and can't survive, get out of the business.
Robert Anello wanted some indication of what efforts had been made to rent to
businesses other then food establishments. To give a variance, you still have to
follow the rules for an area variance.
John Cappello stated that laws are in the books. We should abide by them.
Nothing has changed. What's to prevent somebody else going down the street 200
feet and opening up another pizzeria.
Robert Anello suggested to adjourn the matter, to come back with more
information.
John Morabito asked if it will be a hardship on the applicant to put it off for
another month.
John Cappello stated that they created their own hardship. He stated that Larry
knew that there was a 200 feet law in the Village.

�Discussion followed as to whether to adjourn or not.
Robert Anello explained to Mr. Rodrigues and Mr. Turnquist the proof he needs to
show hardship and why he needs to do so.
Robert Anello moved to adjourn this application till next month.
John Morabito seconded.
Chairman Paolantonio stated that the meeting was adjourned to the third week in
February. Let the applicant bring in proof to the Board to show hardship
pertaining to this application
Motion carried unanimously.
John Morabito moved to approve the minutes of December 21,1995.
Gary McLean seconded.
Motion carried unanimously.
There being no further business before the Board, the meeting was adjourned.

Respectfully submitted

CARMEN G. MARIANO
Recording Secretary

�^ ^
Q

project:
CHESTNUT RIDGE/HILLSIDE COURT
76 Chestnut Street/83 Depeyster Street
North Tarrytown, New York
Owner:
Laurentino Rodrigues Enterprises
180 Valley Street
North Tarrytown, New York
Project Financial Feasibility
A.

^P

s

Present status:
Cost of 76 Chestnut Street
Cost of 83 Depeyster Street
Total cost of properties

$150,000
$150.000
$300,000

Income from rentals:
76 Chestnut Street
83 Depeyster Street

$ 33,000/year
$ 29,400/year

Taxes (76 &amp; 83)

$

8,000/year

Maintenance (76 &amp; 83)

$

5,000/year

Assuming no mortgage:
Income/costs ratio ($62,400/$313,000 - 19.9% *
* Mortgage will decrease this amount
B.

Construction of total project:
(Chestnut Ridge/Hillside Court)
Cost of 76 Chestnut Street &amp;
83 Depeyster (as per A.)

$300,000

Demo &amp; Site Improvements:
Raze buildings (76 &amp; 83)
Grade, fill, etc.
New retaining wall
Pave parking
Planting

$ 40,000
$ 20,000
$110,000
$ 45,000
$ 15.000
$230.000

Construct 76 Chestnut Street:
3 floors @ 4,200 sq.ft. each = 12,600 sq.ft x $70/sq.ft = $882,000
1 floor (cellar garage) 4,200 sq.ft. x $30/sq.ft
= $126.000
Cost to construct (76)
= $1.008.000
-

1 -

�Construct 83 Depeyster Street:
2 floors @ 4,200 sq.ft each = 8,400 sq.ft x $70/sq.ft.
1 parking level below &lt;S&gt; 4,200 sq.ft x $20/sq.ft.
Cost to construct (83)

$ 588,000
$ 84,000
$ 672,000

Anticipated Taxes:
76 Chestnut Street
83 Depeyster Street

$ 60,000
$ 40,000
Total taxes

$100.000

Maintenance:
76 Chestnut Street
83 Depeyster Street

$12,0000
$ 8,000
Total maintenance

$20,000

Income from rentals (76 &amp; 83)
16 (2 BR units) @ $1,000/mo x 12
4 (1 BR units) @ $800/mo x 12
Office space @ $1,500/mo x 12

$192,000/year
$ 38,400/year
$ 18,000/year
$248.000/year

Assuming no mortgage:
Income
Taxes &amp; Maintenance

$248,000
$120,000
$128,400

Costs:
Properties
Demo &amp; Site
Construction

$300,000
$230,000
$1,680.000
$2.210.000

Total costs

Income/costs ratio ($128,400/2,210,000)

-

5.8%

* mortgage will decrease this amount

-

S-TE&amp;

2 -

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f^^C'^-ist"

�Construction of 12 Dwelling Units
(as allowed by zoning)
As per A. &amp;B.:
Cost of sites, demo &amp; site improvements &amp;
construction of 12 DU's

$1,538.000

Income of 12 dwelling units plus office space
(as per 76) minus taxes and maintenance
($134,000-$75,000)

$

Income/costs ratio ($59,400/$1,538,000)

$3.9% *

59.400

* Mortgage will decrease this amount
From the above calculations, to construct anything less than the project
as designed is not financially feasible and is not a viable project.

-

3

-

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                    <text>Approved yith respect to substance and form:

Village Attorifey

DaFed: 5/,^y

Approved by the Zoning Board

S?^Jfft-hJ/(2^2l^

•f?&amp;€^&gt;

Chairman or Acting Chairman
Dated: 3 -" /5~-

Filed with Village Clerk

CleiJCoT" Deputy Clerk

Dated: ^/^J%^

Date of Meetin

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�REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
February 15,1995

A regular meeting of the North Tarrytown Zoning Board of Appeals was held on
February 15, 1995 at 8:00 p.m. at the Village Hall, 28 Beekman Avenue, North
Tarrytown, New York.
PRESENT:

Frank Paolantonio, Chairman
John Morabito
Frank Occhipinti
Robert Anello
John Cappello

ABSENT:

Rhonda Mauhs
Gary McLean

ALSO PRESENT:

Janet Gandolfo, Attorney
James Margotta, Building Inspector

Chairman Paolantonio called the meeting to order at 8:00 p.m.

1. CATHERINE GUARNERI, 20 ELM STREET
INCREASING SIZE OF EXISTING GARAGE
The clerk read the Notice of Public Hearing to hear and consider an appeal by
Catherine Guarneri from a decision of the Building Inspector which denied a
building permit for construction of a garage at 20 Elm Street, North Tarrytown.
The garage is an accessory structure on a lot containing a five-family residence. The
applicant is requesting the following variances:
1) The Schedule of Regulations, Part 1 of the Village Code requires that a fivefamily residence have a lot size of 6,500 square feet. The actual size of the lot is
5,410 square feet.
2) The Schedule of Regulations, Part 1 of the Village Code requires that the
width of the lot be a minimum of 50 feet. The actual width of the lot is 31.91 feet
3) The Schedule of Regulations, Part 1 of the Village Code requires that the
front yard setback be a minimum of 20 feet. The actual front yard setback is 2 feet.
4) The Schedule of Regulations, Part 1 of the Village Code requires that an
accessory building located on a corner lot have a minimum front yard setback of 20
feet. The proposed front yard setback is 4.1 feet.
5} The Schedule of Regulations, Part 1 of the Village Code requires that an
accessory building have a minimum side yard setback of 5 feet. The proposed side
yard is 2 feet.

�6) The Schedule of Regulations, Part 1 of the Village Code requires that the rear
yard setback be a minimum of 25 feet. The actual rear yard is 1 feet.
The premises are known as Section 15, Block 11 and Lot 25 on the tax assessment
map of the Village of North Tarrytown.
Sean McCarthy, architect for the applicant, came forward and explained the
applicant's intentions. Referring to the site plans, he explained the problems they
had with the project.
Chairman Paolantonio asked Mr. Margotta why the construction was stopped.
Mr. Margotta replied that a building permit was issued for repair or replacement of
the existing structure. When the applicant commenced the work she increased the
size of the building. She moved it out a couple of feet and put in new footings.
They actually built a new building outside of the existing building. The drawing
indicates that it's larger than the original building.
Discussion between Mr. McCarthy and Board members followed.
Chairman Paolantonio asked the Board members if they had any further questions.
There being none, he asked if anybody from the audience had any comments.
Nick Bucci stated that in his opinion the old garage was a disaster. He believed that
the project should be granted so they could go ahead and finish it.
John Cappello motioned to close the Public Hearing.
Robert Anello seconded. Motion carried unanimously.
Public Hearing Closed.
John Cappello motioned to declare the Zoning Board of Appeals the Lead Agency in
this matter and to declare this a Type II Action which will have no material adverse
impact on the environment.
Robert Anello seconded.
Motion carried unanimously.
John Cappello motioned to approve the application.
Frank Occhipinti seconded.
Motion to approve the application carried unanimously.
Chairman Paolantonio advised Ms. Gnarneri to see the Building Inspector.

PAGE # 2

�2. PUBLIC HEARING: A &amp; S MACHINE, 101-105 CORTLANDT STREET
MANUFACTURING &amp; ASSEMBLY AT PROPERTY
The clerk read the Notice of Public Hearing to hear and consider an application by
A &amp; S Machine Co., Inc. 101-105 Cortlandt Street, North Tarrytown, New York for
a variance to permit manufacturing and assembly at the property situated at 101105 Cortlandt Street, North Tarrytown, N.Y. The premises are located within the
C-2 Zone and are known and designated as Section 16, Block 8, Lots 28,29,30,31,32
and 33 on the tax assessment map of the Village of North Tarrytown.
John Hughes stated that he was the attorney for the applicant. He explained to the
Board in detail what the applicant proposed to do with the property. He explained
the location of the property, the past history of the company and it's operation.
He explained in detail Mr. Schiavone's efforts to sell the property. He stated that
the hardship was unique. Referring to a copy of the Contract of Sale with the
Westco. Inc., he stated that their business was similar to that of Mr. Schiavone.
They currently have their business in Irvington and have been in business for over
25 years. They have three (3) pick-up trucks and two (2) vans and seven (7)
employees. He then passed out photos of some of the items they deal with; stainless
steel products, piping, welding, etc. - all related to the dairy industry.
Robert Anello asked what the use of the property is now.
Mr. Hughes answered that the property is presently vacant.
Robert Anello commented that the purchase price had gone down from the last time
Mr.Schiavone appeared before this Board.
Chairman Paolantonio asked if they had a power brake or power punches.
The applicants answered that they had no power brakes but had a small machine
that punched holes.
Discussion followed.
Robert Anello asked Mr. Hughes why he referred to the hardship as unique.
Mr. Hughes said it was because of the type of building that it was.
Mr. Margotta stated that it could not be converted.
Chairman asked if the Board had any more comments. There being none, he asked
the audience if anyone had any comments.

PAGE # 3

�Don Caetano felt that the Board should table the application and examine it further
before making a decision.
«

Lydia Michaelides, Howard Street, stated that when she heard these people wanted
to bring their business to the Village, she was glad. " Whatever can help to bring
people to the Village."
Frank Rey stated that the business would be an asset and contribution to the
Village.
Caetano asked Ms. Gandolfo if the property was still on the tax rolls.
Ms. Gandolfo stated that she didn't know what they were paying in taxes now but
that the property is currently on the tax rolls.
Discussion followed regarding use of the vacant land located on Clinton Street,
parking, and storage.
John Morabito motioned to close the Public Hearing.
Frank Occhipinti seconded. Motion carried unanimously.
Public Hearing closed.
Discussion among the Board members followed.
An interruption of this hearing at this point was made in order to allow the
applicant to discuss certain questions with Mr. Hughes.
Mr. Hughes explained to the Board where they would propose to put the storage
and parking spaces.
John Morabito motioned to declare the Zoning Board of Appeals the Lead Agency
in this matter and declare this a Type II SEQRA Action with no material adverse
impact on the environment.
John Cappello seconded.
Motion carried unanimously.
Discussion followed on the kind of manufacturing.
Mr. Anello moved to grant the variance subject to the following conditions:
1. The manufacturing be limited to the manufacturing described in the letter
dated Sept. 21 * 1994 on page 2. Said letter will be annexed hereto and made part of
these official minutes.
2. That all loading and unloading occur from the rear of the building on the
Clinton Street side.

PAGE # 4

�3. That the owner provide and maintain 12 parking spaces for owners and
employees on Lot 28 on the Clinton Street side, properly designated with parking
tines.
4. Up to 4 parking spaces for customers must be provided on Lot 33 on the
Cortlandt Street side.
5. Outside storage to be limited to the rear portions of Lot 28, 29 &amp; 33 as
designated on the plans submitted with the minutes.
6. The storage area must be fenced as not to be visible from street.
John Morabito seconded.
Motion carried unanimously.

3. LARRY RODRIGUES, PIZZA PARLOR, 185 VALLEY STREET
CONTINUATION
Mr. Ron Turnquist, the architect, requested to continue next month for lack of
documentation. Being that he couldn't, he withdrew the application and will reapply again in the future.
4. CONTINUATION OF SITE PLAN APPROVABLE OF APPLICATION RE:
CHESTNUT RIDGE
Mr. Ron Turnquist, architect and George Laurentiho, representing his father,
Larry Laurentino, came forward. Referring to the site plans, Mr. Turnquist went
on to explain the changes made since the last presentation on Chestnut Ridge. He
stated that 76 Chestnut remained the same and that 2 units were cut from 83
Depeyster. He said that the concern was that there were too many dwelling units, so
they compromised by taking 2 units out - from 20 units to 18 units. He went on to
explain the changes on the project indicating that they now meet all the
requirements needed for the variances.
Discussion on the parking spaces for 185 Valley Street ensued.
Chairman Paolantonio bought up the issue that Rodrigues hadn't provided the S
parking spaces for the apartments and the 10 parking spaces for the Village.
Mr. Turnquist said that they never had agreed to t h a t

PAGE # 5

�Mr. Margotta explained: "I think what happened was that Larry bought 76
Chestnut Street and he wanted to tear the building down, negotiate with the Village
to build a parking lot and in that parking lot he would provide parking for his
apartment house and the rest of the parking area the Village would metered.

But, the Village would build the parking lot. Then Larry bought the property on
Depeyster Street and the whole ballgame changed."
Discussion followed on parking for the project.
Mr. Turnquist stated that they have tried to address all the comments and he felt
that the project was a good one. The advantages of new housing verses the open
buildings that are on the site non-conforming. He goes on to explain in detail all
the changes made after the 2 units were removed.
Discussion on handicapped units, handicapped lifts and property taxes followed.
Mr. Turnquist went over the financial list pointing out the new figures.
Chairman Paolantonio questioned those figures and commented that nobody builds
a project without making a profit.
Mr. John Cappello commented that the area was going to be very congested.
Mr. Turnquist disagreed with Mr. Cappello's comment.
Discussion on the total number of dwelling units ensued.
Robert Anello felt that they had addressed the issue of hardship and had satisfy the
elements for an area variance which he identify.
Chairman Paolantonio asked if anybody else had comments. He asked the Board
what they wanted to do.
Mr. Margotta: "Are you going to vote on this tonight? I don't think the intent was
to come to a decision tonight. Was it? I thought the Planning Board just wanted
them to review it at this meeting and then after, at a later date, have a Zoning
Board meeting."
John Morabito: "I think that part of Chestnut Street, Depeyster Street and Valley
Street are getting a little better than Beekman Avenue. I've got to commend
Rodrigues for putting his money, work and effort into North Tarrytown - patting
some tax property on Village records. I think that's more than a project. I make a
motion that we grant this."

PAGE # 6

�»
»

Ms. Gandolfo asked if he was making a motion on each and every variance.
John Morabito motioned to grant the variance as noted on the site plans revised on
January 25,1995 for 18 units with accompanying variables.
Frank Occhipinti seconded.
John Cappello voted No. Morabito, Occhipinti, Anello &amp; Paolantonio voted yes.
Motion carried.

John Morabito moved to approve the minutes of January 18,1995 as amended.
Frank Occhipinti seconded.
Motion carried unanimously.
There being no further business before the Board, the meeting was adjourned.

Respectfully submitted,
CARMEN G. MARUNO
Recording Secretary

#PAGE #7
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�VILLAGE OF NORTH TARRYTOWN
PUBLIC NOTICE
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of North
Tarrytown will hold a public hearing on Wednesday, February 15, 1995 at 8:00 P.M. in
the Municipal Building, 28 Beekman Avenue, North Tarrytown to hear and consider an
appeal by Catherine Guarneri from a decision of the Building Inspector which denied a
building permit for construction of a garage at 20 Elm Street, North Tarrytown. The
garage is an accessory structure on a lot containing a five-family residence. The applicant
is requesting the following variances:
1) The Schedule of Regulations, Part I of the Village Code requires that a fivefamily residence have a lot size of 6,500 square feet. The actual size of the lot is 5,410
square feet.
2) The Schedule of Regulations, Part I of the Village Code requires that the width
of the lot be a minimum of 50 feet. The actual width of the lot is 31.91 feet.
3) The Schedule of Regulations, Part I of the Village Code requires that the front
yard setback be a minimum of 20 feet. The actual front yard setback is 2 feet.
4) The Schedule of Regulations, Part I of the Village Code requires that an
accessory building located on a corner lot have a minimum front yard setback of 20 feet.
The proposed front yard setback is 4.1 feet.
5) The Schedule of Regulations, Part I of the Village Code requires that an
accessory building have a minimum side yard setback of 5 feet. The proposed side yard is
lfoot.
6) The Schedule of Regulations, Part I of the Village Code requires that the rear
yard setback be a minimum of 25 feet. The actual rear yard is 1 foot.
The premises are known as Section 15, Block 11, Lot 25 on the tax assessment
map of the Village of North 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
Dated: January 12, 1995

�Li.-

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PUBLIC NO f l t e

VILLAGE Of NORTH LARRY TOWN
PLEASE 'LAKE NOTICE that the Zoning Board of Appeals of the Village of North
Tarrytown will hold a public hearing on February 15, 1995 at 8 o'clock p.m. at Village Hall,
28 fieekman Avenue, North Tarrytown. New Voile to hear and consider an application by A&amp;S
Machine Co..; Inc., 101-105 Cortlan'dt Street. North Tarrytown, New York for a variance to
permit manufacturing aiid assembly at the. property situated at 101-105 Cortlandt Street, North
Tarrytown, New York.

The premises are located within the C-2 Zone and are known and designated as Section
16. Block 8 ; Lots 28, 29, 30. 31/32. and 33 on the tax assessment map of the Village of North
Tarrytown.
All taxpayers and interested parties are entitled to appear and be heard at this hearing.

UNDADA.V1D
Village Clerk

5

By Order of the Zoning Board of Appeals
January 25/1995

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                    <text>Approved with respect to substance and form:

Approved by the Zoning Board
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Filed with Village Clerk

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Date of Meeting

^ i ^ _ ^ ^ * - ^ ^ ^ ^ ^

~^-~""

�REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
March 15,1995

A regular meeting of the North Tarry town Zoning Board of Appeals was held on
March 15,1995 at 8:00 p.m. at the Village Hall, 28 Beekman Avenue, North
Tarrytown, New York.
PRESENT:

Frank Paolantonio, Chairman
John Morabito
Gary McLean
Robert Anello

ABSENT:

Rhonda Mauhs
Frank Occhipinti
John Cappello

ALSO PRESENT:

Janet Gandolfo, Attorney

Chairman Paolantonio called the meeting to order at 8:25 p.m.
1. JANOS VATAI, 106 Pocantico Street
Modification of prior approval
The clerk read the Notice of Public Hearing to hear and consider Janos Vatai's
application for an appeal from the Building Inspector denying a building permit
for the renewal of a commercial unit at the premises located at 106 Pocantico S t ,
North Tarrytown, New York. The premises are located in an R-5 district and
presently contain four apartments and two commercial units. The Schedule of
Regulations, Part I, of the Village Code of North Tarrytown requires a building with
five apartments to have a minimum lot size of 8,000 sq. ft The existing lot has
4,410 sq. ft. 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 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.
Mr. Robert Barstow, the architect representing Mr. Vatai, came forward and stated
that the reason they were back before the Board was because of one of the 3
conditions given on the December 21,1994 as part of the approval. After reviewing
the conditions, the landlord felt that condition #1 was not possible for him to meet
He explained that he and Mr. Montero were the present tenants and at the present

�time their business was such that they didn't want to expand or pay additional rent.
This left the landlord with a storefront that he couldn't rent. "That's why we would
like to modify the existing approval that was given back in December and see if we
can expand, make the apartment a little bit larger. That is the proposal here
tonight. Eliminate the storefront that was in the existing format and make that
bedroom or living room just a little bit bigger."
Robert Audio asked if the apartment will remain one bedroom.
Mr. Barstow answered "yes, one bedroom."
Mr. Barstow asked Mr. Montero if he had anything to add and Mr. Montero
answered that he agreed with what was said.
Chairman Paolantonio commented that somebody had mentioned the fact that Mr.
Vatai was going to move to the premises. "Assuming that we don't approve this,
where is he going to live?"
Mr. Barstow "This is the apartment that he was proposing to move to. This is the
only apartment available to him".
Discussion followed as to whether Mr. Vatai was going to move into the apartment.
Robert Anello asked Mr. Barstow if he had given the Architectural Review Board
this proposal.
Mr. Barstow answered "No, the first step to do along the line is to come back to the
Zoning Board to find out if they could get this modification and then the
Architectural Review Board.
Gary McLean asked if it was possible to downsize - make one master bedroom and
one child's bedroom.
Discussion on the size of the rooms followed.
Mr. Bastow pointed out that the new plans showed the changes they had made to
meet the conditions previously established.
Chairman Paolantonio pointed out to the Board that they had to vote on what was
shown on the plans.
Chairman Paolantonio asked if anybody from the audience had anything to say in
this application.
No one present wished to speak.

�John Morabito made a motion to close the Public Hearing.
Robert Anello seconded.
Motion carried unanimously.
Public Hearing closed.
Chairman Paolantonio commented that the last decision was made a few months
ago. There were three conditions. They came back with this proposal to lock up the
storefront in the front. If the present tenants leave, he couldn't rent it to one tenant
the way it stands now.
Robert Anello stated that his concern was what it was going to look like. One side
looking like residential apartments and the other side looking like a store.
Discussion on parking and the number of rooms followed.
Robert Anello motioned to declare this a Type IISEQRA Action which will have no
material adverse impact on the environment.
Gary McLean seconded.
Motion carried unanimously.
Robert Anello move to grant the variance to permit a one bedroom apartment as
proposed in the plans and subject to the same conditions that were on the variance
granted on December 21,1994 omitting the requirement that the whole front be
used as a storefront.
John Morabito seconded.
Motion carried unanimously.
John Morabito moved to approve the minutes of February 15,1995 as corrected.
Chairman Paolantonio seconded.
Motion carried unanimously.
There being no further business before the Board, the meeting was adjourned.

Respectfully submitted,
l

CARMEN G. MARZANO
Recording Secretary

�* -

AGENDA
Zoning Board of Appeals
March 15, 1995, 8 P. M.
i

1. Janos Vatai, 106 Pocantico St.

ir'.-rS&gt;fc i irl-^^-^i-^-i-W^"--^

Modification of prior approval,

�NOTICE OF PUBLIC HEARING
VILLAGE OF NORTH TARRYTOWN
Notice is Hereby Given that the Zoning Board of Appeals of
the Village of North Tarrytown will hold a public hearing at 8:00
PM on Wednesday, March 15, 1995 at Village Hall, 28 Beekman
Avenue, North Tarrytown, New York upon the application of Janos
Vitai for an appeal from the Building Inspector denying a
building permit for the renewal of a commercial unit on the first
floor and replacing it with a residential unit at premises
located at 106 Pocantico Street, North Tarrytown, New York. The
premises are located in an R-5 district and presently contain
four apartments and two commercial units.
The Schedule of Regulations, Part I, of the Village Code of
North Tarrytown requires a building with five apartments to have
a minimum lot size of 8,000 square feet. The 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 premises in question are designated on the tax assessment
maps of the Village of North Tarrytown as Section 15, Block 13,
Lot 43 A.
At such hearing all interested
opportunity to be heard.

person

will

be

given

an

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: February 21, 1995
Linda E. David, Village Clerk

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Approved wi

t to substance and form:

Village Attorn
Dai A:
er/rjkf

Cn^rm
Dated

Filed with Village Clerk

•Clmk UJL peputy Clerk

Dated: &amp;fel&lt;f/&lt;?j^

Date o

/f, /fPT

�REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
APRIL 19,1995

A regular meeting of the North Tarry town Zoning Board of Appeals was held on
April 19,1995 at 8:00 p.m. at the Village Hall, 28 Beekman Avenue, North
Tarrytown, New York.
PRESENT:

Frank Paolantonio, Chairman
John Morabito
Frank Occhipinti
Robert Anello

ABSENT:

Rhonda Mauhs
Gary McLean
John Cappello

ALSO PRESENT:

Janet Gandolfo, Attorney

Chairman Paolantonio called the meeting to order at 8:15 p.m.
1. L. RODRIGUEZ: PIZZA PARLOR, VALLEY STREET
APPROVAL OF STOREFRONT
The clerk read the Notice of Public Hearing to hear and consider an appeal by
Laurentino Rodriguez from a decision of the Building Inspector which denied a
building permit for the installation of a Pizza restaurant at 185 Valley Street, North
Tarrytown, New York on the following grounds:
Section 6220.1 of the Village Code entitled Restaurants, Delicatessens, food
service establishments, Taverns, Bars and drinking establishments reads that NO
portion of the property used for a Restaurant or food service establishment or
Delicatessen or Tavern or Bar shall lie with two hundred (200) feet in a straight line
from any lot or parcel taht is used for another Restaurant or food service
establishment or Delicatessen or Tavern or Bar.
The premises are known as Section 16, Block 11, and Lot 1 on the tax assessment
map of the Village of North Tarrytown.
Mr. Turnquist, the architect, went over the commercial spaces on the premises that
were vacant. He explained Mr. Rodrigues' effort to rent the spaces, 5 stores
altogether. He handed out copies of the ads advertising the vacant stores. "People
are interested, but once they are told of the location they don't call back."
He went on to say that the owners of the Piazza in Tarrytown were interested in
renting because they were looking for a place to re-locate in the Tarrytowns.

�Chairman asked if any of the Board members wanted to ask any questions.
Mr. Anello went over what Mr. Turnquist had said about the advertising. He asked
Mr. Turnquist about the Deli that had previously been given variances and about
other food establishments around the premises.
Mr. Turnquist memtioned Mikes's Deli, the Bakery, and the Seabreeze Restaurant.
Mr. Anello asked about other retail stores.
Mr. Turnquist mentioned seven stores. Bakery, Seabreeze, Mike's Deli, Check
Cashing, International Market, proposed Pizzeria, vacant store.
Mr. Morabito asked how many sq. feet was the Mini-Market and was it rented.
Mr. Turnquist answered that it was rented but he didn't know the present status.
Mr. Rodrigues stated that they were in Court.
Mr. Anello commented that the Deli may not happen. He then asked as to when
they have gotten the variance.
Chairman Paolantonio answered about a year ago.
Chairman asked if there were any further comments. There being none, he asked if
anybody in the audience had any comments.
Mr. Pascuale Guzzo "My business is within the 200 feet. If the ordinance is there, I
obey the ordinance."
Mr. George Samaras "Mike's deli has had problems with Mr. Rodrigues before.
Now we have another problem with Mr. Rodrigues. I would like to have the
hardship he has. The people say the rent he charges is too high. This is not
hardship." He goes on to state that Mr. Rodrigues' hardship was not really a
hardship because the reason he couldn't rent was due to high rent.
Mr. Caetano "No one can control rent on Mr. Rodrigues property. There is no rent
control on commercial property. No rent control on stores. He's pleading hardship
because people are not making business in his stores. The area is not the greatest in
the Village of North Tarrytown and I will say it has been at least 65% improved by
Mr. Rodrigues."
Elie Samaras "As long as the law is there, we should go by it If you feel the
ordinance shouldn't be there, get rid of the ordinance.'i i

PAGE # 2
- ^ . - . . - ^ i ^ - a t f ^j^Z^**^**^

�V

Chairman Paolantonio "I don't see anyone going before the Board. They are the
only ones who can change it." He also stated that it wasn't put there to stop the
competition.
Mr. Samaras, "Last meeting they asked him to show hardship." He again goes over
what he had said before.
Mr. Rodrigues at this point wanted to know how Mr. Samaras knew so much about
his business with his tenants.
The Chairman asked that all parties address the Board.
Mr. Anello moved to close the Public Hearing.
Mr. Morabito seconded.
Public Hearing closed.
Chairman Paolantonio commented that the ordinance was not put in the books to
stop competition.
Mr. Anello "I think we should not address or deny whether we think it is a bad law
or a good law. Our only job is to grant exception to the law. We are just here to
find out whether or not there is a basis under the requirements for an area variance.
What I look at is the requirements under the law to grant a variance or area
variance. There are five things to consider. Just on the over all view, the next
question is to see if there is an effect on the health, safety and welfare. I find it
difficult to find a difference other then perhaps from having too many food service
establishments and perhaps a litter problem.
1. Is there a change in the neighboorhood.
I don't see any change.
2. Whether or not the benifit can be obtain by a means other than
a variance.
3. Is it a substantial variance.
No.
4. Is there an adverse impact on the environment.
I don't think there is.
5. Is it a self created hardship.
Probably.
On balance "I'm in favor of granting the variance."
Mr. Morabito "I agree with Bob. I see no reason to object to this."
Mr. Anello made a motion to declare it a Type IISEQRA Acton with no material
adverse impact on the environment

PAGE # 3

�Mr. Morabito seconded.
Motion carried unanimously.
Mr. Morabito made a motion to grant the variance.
Mr. Anello seconded.
Moton carried unanimously.
Mr. Morabito made a motion to approve the minutes of March 15,1995 as
submitted.
Mr. Anello seconded.
Motion carried unanimously.

There being no further business before the Board, the meeting was adjourned.

Respectfully submitted,

CARMEN G. MARIANO
Recording Secretary

PAGE # 4

�PUBLIC HEARING NOTICE

VILLAGE OF NORTH TARRYTOWN

PLEASE TAKE NOTICE that the Zoning Board of the Village of North
Tarrytown will hold a Public Hearing on May 17, 1995 at 8:00 P.M. in the
Municipal Building, 28 Beekman Avenue. North Tarrytown, New York, to hear and
consider an appeal by Peter Crean from a decision of the Building Inspector
denying a building permit to rebuild a garage, which was damaged by a tree on
premises located at 126 Merlin Avenue. The applicant is requesting a variance from
the Village Code, Regulations Part I requiring a 25 foot rear yard setback for a
building in an R-2 District. The proposed garage would be built 10 feet from the
rear yard.
The premises are known as Section 14, Block 25, Lot 5 on the tax assessment
.map of the Village of North Tarrytown.
All taxpayers, residents and interested parties are entitled to attend and be
heard at the aforesaid meeting.
By Order of the Zoning Board of Appeals
Linda David, Village Clerk
Dated: ApriI4.4,1995

�t

PUBLIC HEARING NOTICE
VILLAGE OF NORTH TARRYTOWN

PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of
North Tarrytown will hold a public hearing on Wednesday, May 17, 1995 at 8:00 P.M. in
the Municipal Building, 28 Beekman Avenue, North Tarrytown to hear and consider an
appeal by Joseph lurato from a decision of the Building Inspector which denied a
certificate of occupancy for a four-family residence for premises located at 52 Depeyster
Street, North Tarrytown. The applicant states that the premises are a nonconforming use
which predates the Village's zoning code.
The premises are known as Section 16, Block 14, Lot 6 on the tax assessment map
of the Village of North 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
--Dated: A p r i l s 1995

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                    <text>Approved wii

respect to substance and form:

Village Attorney /
D^ted: -7//f/f&lt; /

Approved/bW the Zoning Board

CJaaarman or/Acting Chairman
Dated: l | ^ | ^

Filed with Village Clerk

G.&amp;

e±erTC~Or D e p u t y C l e r k
Dated:
&lt;p// 6 /f.r

ing

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�REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
May 17,1995

A regular meeting of the North Tarry town Zoning Board of Appeals was held on
May 17,1995 at 8:00 p.m. at the Village Hall, 28 Beekman Avenue, North
Tarrytown, New York.
PRESENT:

Robert Anello, Chairman
William Taylor
John Morabito
Gary McLean
Angelo LoMascolo
Frank Occhipinti

ABSENT:

Rhonda Mauhs

ALSO PRESENT:

Janet Gandolfo, Attorney

Mr. Robert Anello was unanimously voted new Chairman of the Zoning Board of
Appeals by the Zoning Board members.
Chairman Anello called the meeting to order at 8:05 p.m.
1. PETER CREAN, 126 Merlin Avenue- REBUILDING OF A GARAGE
The clerk read the Notice of Public Hearing to hear and consider an appeal by Peter
Crean from a decision of the Building Inspector dening a building permit to rebuild
a garage which was damaged by a tree on premises located at 126 Merlin Avenue.
The applicant is requesting a variance from the Village Code, Regulations Part 1
requiring a 25 foot rear yard setback for a building in an R-2 District The
proposed garage would be built 10 feet from the rear yard. The premises are known
as Section 14, Block 25, Lot 5 on the tax assessment map of the Village of North
Tarrytown.
Mr. Sear McCarthy, the architect for the applicant, came forward and explained the
damage on the existing garage. He stated that there wasn't any other place to build
the garage and that the new garage was going to be built the same size as the old one
and they were going to eliminate a little bump which was in the front.
Chairman Anello asked if anyone in the public wanted to comment on the
application.
Mr. John Morabito moved to close the Public Hearing.

�Gary McLean seconded.
Carried unanimously. Public Hearing closed.
Discussion followed.
Mr. Morabito commented that if he was going to put it on the same foundation, it
wouldn't be any problem.
Mr. Frank Occhipinti ask whether it was going to be painted pink.
Mr. McCarthy answered that it wasn't.
Mr. Morabito made a motion that the request be granted.
Mr. Occhipinti seconded.
Motion carried unanimously.
2. JOSEPH IURATO, 52 Depeyster Street - FOUR FAMILY HOUSE
The clerk read the Notice of Public Hearing to hear and consider an appeal by
Joseph Iurato from a decision of the Building Inspector which denied a Certificate
of Occupany for a four (4) family residence for premises located at 52 Depeyster
Street, North Tarry town. The applicant states that the premises are a nonconforming use which predates the Village's Zoning Code. The premises are known
as Section 16, Block 14, Lot 6 on the tax assessment maps of the Village of North
Tarrytown.
Chairman Anello asked if anyone was present to speak for the applicant.
Mr. Joseph Iurato came forward and said: "I've had this house, my mother had the
house for over 30 years. Since we had this house it has always been a four (4) family
house. We have been paying our taxes for years as a four (4) family house."
Chairman Anello opened the Public Hearing.
Ms. Eleanor Russo said: "I'm just here to confirm that he has a four (4) family
house on 52 Depeyster Street. I'm his neighbor. I live at 46 Depeyster Street and we
bought our house in 1956 at which time it (Iurato's) was owned by Mr. Savatorie
DiStefano and it was a four (4) family house then. There was one (1) apartment in
the basement, two (2) apartments on the first floor and one (1) apartment on the
second floor."
Chairman Anello asked if that was the way it was now, in those locations.
Ms. Eleanor Russo answered that it hasn't been changed.
Chairman Anello asked her if she has been there since 1956.

�She answered yes.
Ms. Carmela Delflon stated that she had been living in the neighborhood for 25
years. Her mother bought her house in 1965. She stated Mr. Iurato's house has
been a four (4) family for as long as she can remember.
Chairman Anello asked if anyone else in the public wanted to comment.
Mrs. Iurato said: "Mr. Margotta told my husband, I remembered, that it was as
three (3) family house. The families were top floor-one family, the first floor that
was divided into two apartments was listed in the Village Hall as one and the
basement was the other."
Chairman Anello asked here where was the ViUage mistaken.
She answered on the first floor where the Village had one apartment when in reality
there were two apartments.
Chairman Anello commented that the back of the house looked like it had an
extension. He asked when the extension was done.
^^

Mr. Joseph Iurato answered that it was there when they bought the house.
Chairman Anello asked "in the last 30 years, you haven't extended the house at
all?"
Mr. Iurato answered no.
Chairman Anello asked how much parking was on the premises.
Mr. Iurato commented that everyone parked on the street
Chairman Anello said: "So, really your request is for it to be declare a nonconforming use rather than your seeking a variance."
Mr. Angelo LoMascolo asked if the Board could take Ms. Russo's testimony under
oath.
Chairman Anello stated that the Board had her affidavit
Mr. LoMascolo answered that her affidavit only went back 30 years, whereas the
Zoning Code is more then 30 years old. She said that she has only been there since
1956.

-3-

�Discussion as to when the Zoning Code went into effect followed.
Janet Gandolfo commented that the initial Zoning Code was set up for different
areas in 1964.
Mr. Occhipinti pointed the discrepancy on the house being on the agenda as a two
(2) family and on Mr. Iurato as a three (3) family.
Chairman asked Mr. Iurato if he had anything else to give to the Board.
Discussion as to former and present tenants followed.
Mr. Morabito asked Mr. Iurato if he was paying taxes on a four (4) fmaily house
because of the assessment done in the Village at that time.
Mr. Occhipinti commented that he was paying on a four (4) family because he had
use as a four (4) family house.
Chairman Anello asked Mr. Iurato if he was trying to sell the house.
Mr. Iurato answered yes.
Chairman Anello "does anyone have any other questions in regards to establishing
whether or not htis is a non-conforming use as opposed to a variance, because if it's
a non-conforming use, he's entitled to it no matter what. The question is do we have
any other way of determining whether or not it does predate the Code."
Mr. LoMascolo indicated that it would be useful if Ms. Russo stated under oath as
to how long she has known the house to be a four (4) family house.
Chairman Anello asked Mr. Iurato if he could, how long his family had owned the
house.
Mr. Iurato answered since 1965.
Chairman Anello asked Ms. Russo to step forward and explained to her what the
Board would like her to say under oath.
Ms. Russo was sworn in by Chairman Anello.
Mr. LoMascolo: "Do you understand what it means to testify under oath?".
Ms. Russo: "Yes".
Mr. LoMascolo: "You say that you moved in your house in 1956, is that correct?".

�Ms. Russo: "My house, 46 Depeyster Street in 1956".
Mr. LoMascolo: "At that time you actually recall there being four (4) families living
in 52 Depeyster Street?".
Ms. Russo: "Yes".
Mr. Morabito motioned to close the Public Hearing.
Mr. McLean seconded.
Motion carried. Public Hearing closed.
Chairman Anello commented that there was no evidence that it wasn't a four (4)
family. All the evidence the Board had indicated that it was a four (4) family from
and before 1965. Ms. Russo recalled it that way, the purchasers and the people in
the house remembered it as least from 1965.
Mr. Morabito stated that he was born and raised in that area and remembers it as a
multi-family neighborhood.
Mr. Morabito motioned that the request be granted and be declared a nonconforming use and that the Building Inspector be authorized to issue a Certificate
of Occupancy for a four (4) family house.
Mr. McLean seconded.
Motion carried unanimously.
Mr. Morabito made a motion to approve the minutes of March 15,1995 as
amended.
Chairman Anello seconded.
Mr. LoMascolo abstained.
Motion carried.

There being no further business before the Board, Mr. LoMascolo moved to
adjourn the meeting.
Mr. Occhipinti seconded.
Carried unanimously.
The next Zoning Board of Appeals meeting will be held on June 21,1995.
Respectfully
submitted
Resnectfv
CARMEN G. MARIANO
Recording Secretary

�J

AGENDA

# •

1

Zoning Board of Appeals
May 17, 1995, 8:00 P.M.
i

1. Peter Crean, 126 Merlin Avenue.
Requests a variance to erect a garage with a 10'-0 rear yard setback.
Regulations, Part I requires a 25'-0 rear yard setback.
2. Joseph Iurato, 52 Depeyster Street.
Requested a Certificate of Occupancy for a four-family house.
The request was denied. The building department records indicate that
this is a two-family residence.

/-'

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^ • a ^ f c i l i l t r i * • • i !•* — •» -

PUBLIC HEARING NOTICE
VILLAGE OF NORTH TARRYTOWN

''
PLEASE TAKE NOTICE that the Zoning Board of the Village or North
Tarrytown will hold a Public Hearing on May 17, 1995 at 8:00 P.M. in the
Municipal Building, 28 Beekman Avenue, North Tarrytown, New York, to hear and
consider an appeal by Peter Crean from a decision of the Building Inspector
denying a building permit to rebuild a garage which was damaged by a tree on
premises located at 126 Merlin Avenue. The applicant is requesting a variance from
the Village Code, Regulations Part I requiring a 25 foot rear yard setback for a
building in an R-2 District. The proposed garage would be built 10 feet from the
rear yard.
The premises are known as Section 14, Block 25, Lot 5 on the tax assessment
^map of the Village of North Tarrytown.
All taxpayers, residents and interested parties are entitled to attend and be
heard at the aforesaid meeting.
By Order of the Zoning Board of Appeals
Linda David, Village Clerk
Dated: A p r i l s , 1995

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�PUBLIC HEARING NOTICE
«

VILLAGE OF NORTH TARRYTOWN
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of
North Tarrytown will hold a public hearing on Wednesday, May 17,' 1995 at 8:00 P.M. in
the Municipal Building, 28 Beetcman Avenue, North Tarrytown to hear and consider an
appeal by Joseph Iurato from a decision of the Building Inspector which denied a
certificate of occupancy for a four-family residence for premises located at 52 Depeyster
Street, North Tarrytown. The applicant states that the premises are a nonc6mforming use
which predates the Village's zoning code.
The premises are known as Section 16, Block 14, Lot 6 on the tax assessment map
of the Village of North 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
r:~Dated: A p r i l s 1995

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Approved with respect to substance and form:
^L
Villagrf Attorney
Dated:(j7l|^ U ^

Cfja^/rina
tted:

+i\\q\l

Filed with Village Clerk

•-Glexk-or
r- or^Deputy
Deputy Clerk
Dated

Date of Meeting

)

f-Tsi-»-' jSiLji it-t.v.i'av- j j t f u 5«.S*i«ii&amp;V.se»*S-;.:

�REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
June 21,1995

A regular meeting of the North Tarry town Zoning Board of Appeals was held on
June 21,1995 at 8:00 p.m. at the Village Hall, 28 Beekman Avenue, North
Tarrytown, New York.
PRESENT:

Robert Anello, Chairman
John Morabito
Gary McLean
Angelo LoMascolo
Frank Occhipinti

ABSENT:

Rhonda Mauhs
William Taylor

ALSO PRESENT:

Janet Gandolfo, Attorney
James Margotta, Building Inspector

Chairman Anello called the meeting to order at 8:10 p.m.
1. E. MARTONE, 18 Farrington Avenue - AN ADDITION and ALTERATIONS
TO PREMISES
Chairman Anello read the Notice of Public Hearing to hear and consider an appeal
by Elliot Martone from a decision of the Building Inspector which denied a building
permit for construction of an addition and alterations to premises located at 18
Farrington Avenue. The applicant is requesting the following variances:
1) The Schedule of Regulations, Part I of the Village Code requires that the
minimum lot size in an R-2 District be 10,000 square feet. The actual lot size is
9,071.57 square feet.
2) The Schedule of Regulations, Part I of the Village Code requires the
minimum lot width be 75 feet. The actual lot width of the lot is 60.56 feet.
3) The Schedule of Regulations, Part I of the Village Code requires that the
side yards total 25 feet, with both sides being a minimum of 10 feet The total of
both side yards is 19*6' with one side being only 8*6".
The premises are known as Section 14, Block 8, Lot ID on the tax assessment
map of the Village of North Tarrytown.
Chairman Anello asked if anyone was present for the applicant

�Mr. Elliot Martone came forward and explained that his home predated the zoning
laws of the Village of North Tarrytown. He wanted to rebuild the existing garage.
The garage that exists now is 9'9' and the new one will be 12'.
Chairman Anello asked if the side yard was affected only by the garage.
Mr. Martone answered yes, only the garage portion.
Chairman Anello asked if the other two aspects of the variance were pre-existing.
Mr. Martone answered yes. He stated that anything they do in the house would
need a variance because everything predates the zoning laws.
When Chairman Anello asked him if he had anything else to say, he stated that they
were really looking forward to getting the variance. They purchased the house in
1986 and it's been their hope to make it look better for themselves and for their
neighborhood.
Chairman Anello stated that he would have to go before the Architectural Review
Board.
Mr. Martone answered that he was scheduled to go next week.
Chairman Anello asked if there was anyone in the public who wanted to comment.
Ms. Diane Boersma stated that most of the houses in the neighborhood didn't
comply with the zoning laws.
Ms. Patricia Sohn stated that she approved the variance because it will be a big
improvment to the house.
Mr. John Morabito moved to close the Public Hearing.
Mr. Gary McLean seconded.
Carried unanimously. Public Hearing closed.
Mr. Frank Occhipinti moved to declare this a Type H Action which will have no
material adverse impact on the environment
Mr. Angelo LoMascolo seconded.
Motion carried unanimously.
Chairman Anello stated that certainly there was no indication that there will be any
undesirable change in the neighborhood. The applicant has indicated he can't
obtain the benefit he seeks without wiping out the garage. Can't do any changes to
his house without getting the variances. He didn't think the benefit he seeks could

-2-

�be obtained by other feasible means. He didn't believe it will have any adverse
effect on the physical or environmental conditions of the neighborhood and certainly
it wasn't a self-created hardship. He thinks all the issues of an area variance have
been met.
Mr. Gary McLean moved to grant the applicant the variance.
Mr. John Morabito seconded.
Motion to grant the variance carried unanimously.

2. MR. &amp; MRS. MONACO, 53 Fremont Road - CONSTRUCTION OF A SIX (6)
FOOT FENCE
Chairman Anello read the Notice of Public Hearing to hear and consider an appeal
by Mr. and Mrs. John Monaco from a decision of the Building Inspector which
denied a building permit for the construction of a six (6) foot fence at premises
located at 53 Fremont Road. The applicant is requesting a variance from the
Village code which prohibits the erection offences and walls in excess of three (3)
feet in the front yard of any residential district.
The premises are known as Section 11, Block IE, Lot 1 on the tax assessment
map of the Village of North Tarrytown.
Chairman Anello asked if anyone was present for the applicant.
Mr. John Monaco came forward and stated first of all that the fence was originally
going to be a 5' fence and not 6'. He said that his side yard was considered to be a
front yard. The main reason for the fence was to secure the area for his children.
The fence was 3 to 4 feet from the curb.
Chairman Anello asked if he was seeking a variance for a 6' fence.
Mr. Monaco stated that he wanted a variance. He was willing to cut the fence to 5'
for approval. He went on to explain to the Board his reasons as to why he needed
the fence to be 5*. He wanted to keep his children safe.
Chairman Anello asked if anyone in the public had any comments.
Ms. Barbara Fina, a member of the Architectural Review Board, said that she was a
little confused because Mr. Monaco was on the ARB agenda for 3 months, had an
application prior to the fence going up and somehow, he never showed up.
Chairman Anello asked Mr. Margotta if the ARB generally considered matters if
they required variances.
Mr. Margotta answered that at the time he didn't know how high the fence was.

-3-

�Mr. Monaco commented that the reason why he didn't show up at the scheduled
meeting of the Architectural Review Board was because at that time they decided
not to go ahead with the fence.
Ms. Fina stated that she didn't approve offences over 3 feet.
Chairman Anello asked how it fit with the neighborhood.
Ms. Fina answed that she didn't think it fitted in with the neighborhood.
Mr. Richard Weiss stated that theSleepy Hollow Manor Board voted to approve the
fence only after they were told that the Monacos had all the Village approvals.
Ms. Lisa Norich stated that she had looked at the fence at Mr. Monaco's home. The
fence is not unappealing to look at. She didn't think anyone else was going to ask
for a fence.
Mr. Sulo said that he thought Mr. Monaco was entitled to have his privacy in his
house.
Ms. Doris Pellet said she was on the Board of the Sleepy Hollow Improvement
Association. She said Mr. Monaco's contractors assured her that he had gotten
approval from Mr. Margotta.
Mr. Richard Weiss, President of the Sleepy Hollow Manor Association, spoke
against the height of the fence. He commented that a 5' front fence is subject to
approval from the Sleepy Hollow Manor Association.
Mr. George Hritz stated that he was the former president of the Sleepy Hollow
Manor Assoc, and that he was present representing same. He commented that there
were three issues before ZBA to consider. The aesthethics issue; the process issue
and the practical issue.
Aesthethics - He said that he thought there was room for some disagreement but the
Architectural Review Board should resolve this issue.
Process - There are rules in the neighborhood to be followed and Mr. Monaco didn't
follow them.
Practicality - The application should be deferred while he goes before the
Architectural Review Board.
Greg Biel, the contractor for Mr. Monaco stated that he never said they had a
Village permit Ms. Pellet directed him to Mr. White. Mr. Vile stated that Ms.
Pellet had commented that the Manor was no place for children.

�Mr. Monaco passed a letter to the Board written to him from the Sleepy Hollow
Manor Association Board approving the fence. He stated that he had no problem
reducing the fence and was open to suggestions.
Mr. Angelo LoMascolo asked that at what point did he become aware that the yard
in question was considered a front yard.
Mr. Monaco answered 3 to 4 weeks after the Manor Assoc, approval.
Mr. Margotta explained a little history of the application. He said that last year
Mr. Monaco was supposed to be before the Architectural Review Board for the
fence. Mr. Monaco submitted an application. Mr. Monaco was put on the agenda.
While Mr. Monaco was on the agenda the ARB should have received information as
to the location, type offence and height. The ARB received that. Mr. Monaco was
put on the agenda three separate times. Finally Mr. Margotta went to Mr.
Monaco's house to see what was going on and to ask why he wasn't showing up. He
never received any information.
Discussion between Mr. Margotta and Mr. Monaco. Ms. Gandolfo was asked how
many approvals Mr. Monaco would need from the Village.
Ms. Gandolfo stated that he needed approvals from the ZBA and the ARB.
Mr. LoMascolo asked where the interpretation comes from that this was in fact a
front yard.
Ms. Gandolfo stated that it was in the zoning code.
Discussion continued on the fence.
Mr. Occhipinti move to close the Public Hearing.
Mr. McLean seconded.
Carried unanimously. Public Hearing closed.
Chairman Anello commented that the ZBA had three options regarding this
application. They could decide it, they could defer it and decide it in the next
meeting after the ARB has had an opportunity to view it, or they could deny i t
If they deny the variance, Mr. Manaco couldn't re-apply for six months.
Discussion on what option to take by Board members followed.
Mr. Margotta suggested that they send him a letter to cut the fence height down.
Ms. Gandolfo commented tc Jimmy that he could schedule him with the
Architectural Review Board without having a public hearing on i t

-5'U4v^-~&gt;^i^i^s%s^

�Mr. LoMascolo moved to adjourn the application to the next meeting.
Mr. McLean seconded.
Carried unanimously.

3. LAWRENCE D. LENIHAN, 457 Bellwood Avenue - CONSTRUCTION OF A
FENCE
Chairman Anello read the Notice of Public Hearing to hear and consider an appeal
by Lawrence D. Lenihan from a decision of the Building Inspector which denied a
building permit for the construction of a fence at premises located at 457 Bellwood
Avenue. The applicant is requesting a variance from the Village code which
prohibits the erection offences and walls in excess of three (3) feet in the front yard
of any residential district.
The premises are known as Section 14, Block 23, Lot ID, 5A on the tax
assessment map of the Village of North Tarrytown.
Chairman Anello asked Mr. Lenihan wanted to address the Board on his behalf.
Mr. Lenihan came forward and stated that they moved into the house in May.
They're doing a lot of work to the house. There was a big concern about theold
fence because it was in a dangerous condition. The pickets were coming out.
He started to rebuild the fence but Mr. Margotta told him he needed variance.He
submitted letters from Mr. &amp; Mrs. Grala and Mr. David Perlmutter in which they
state that they are in favor of the new fence. They stated that the old one was an
eyesore and dangerous and the new one is attractive and well built. The
applicant stated that he didn't know it was against the code. Most of the fence
is actually below 3 feet. Its only 4 feet in some areas. He passed out pictures of
the old fence and the new fence.
Chairman Anello read the letters from David Perlmutter and the Gralas.
Chairman Anello asked if anyone in the public had any comments.
Mr. Martone stated that it was an improvement of the premises.
He commented that there had been no complaints and only good comments and that
it was a job well done.
Mr. Occhipinti moved to close the Public Hearing.
Mr. McLean seconded.
Carried unanimously. Public Hearing closed.
Mr. Occhipinti commented that Mr. Lenihan worked hard. He said that he was all
for it. He made a motion to grant the variance.

-bi,4.JKf«!*

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�Mr. LoMascolo said that he would like to distinguish this case from the previous
fence case. To him this was not an undesirable change in the character of the
neighborhood. It was no change at all or certainly an improvement. The change
was not going to have an impact. For all of those reasons, and because it was not
self-created problem and it was a replacement of a fence, he believed the application
should be granted.
Mr. McLean seconded the motion to grant the variance.
Mr. Occhipinti moved that the Zoning Board of Appeals be declare Lead Agency in
this matter and this be declare a Type n SEQA Action which will have no
material adverse impact on the environment.
Mr. McLean seconded.
Carried unanimously.
Motion to grant the variance carried unanimously.

4. ANTONIO RODRIGUES, 358 No. Broadway - PHILPSE PLAZA
Chairman Anello read the Notice of Public hearing to hear and consider an appeal
by Antonio Rodrigues from a decision of the Building Inspector which denied a
building permit for the construction of an office and retail building at premises
located at 358 No. Broadway, referred to as Philipse Plaza. The applicant is
requesting several variances, as follows:
1) The Schedule of Regulations, Part II requires a 20 foot rear yard in
addition to a 5 foot buffer area between a business district and a residential area as
required by Section 62.9C(2). The applicant's plan provides for a 15 foot rear yard.
2) The Section 62-14E of the Code requires 57 parking spaces for the
proposed project (25 spaces for the retail uses and 24 spaces for the office uses). The
applicant's plan provides for a total of 44 spaces.
3) Section 62-14F of the Code requires that 2 loading spaces be provided.
The applicant's plan provides for 1 loading space.
4) Section 62-14C requires that an access drive shall not exceed 25 feet The
applicant's plan proposes an access drive of 27 feet
The premises are known as Section 17, Block 21, Lots 15 &amp; 37 on the tax
assessment map of the Village of North Tarrytown.
Chairman Anello asked if there was anyone present for Mr. Antonio Rodriguez.
Mr. John Hughes and Louis Contadino came forward. Mr. Contadino, referring to
the site drawings, explained the project to the Board. It is a 12,000 sq. ft building.
The ground floor will have 5,000 sq. ft in retail, the second floor about 7,000 sq. ft.

�of flat office space. He showed the model of the project. He said that because the
driveway was 25 ft. and the State requires 30 ft. they were in the process of
negotiating with the State. He said they wanted to keep "Uncle Jerry's" in
operation for as long as possible. Antonio's Carpentry would stay intact. Referring
to the side drawings, he went on to answer all questions put to him by the Board
relating to the project.
Mr. Hughes stated that they had about 80% of the parking requirement. The
problem was that it was not economically feasible to make the building any smaller.
The parking requirements will not be a problem because of the nature of the
building.
Chairman Anello read a letter received from Helen Stafford, Donna Stafford-Landi
and Anthony Landi in which they expressed their concern that the project will be
an improvement for the area. However, the concerns which they addressed were
reasonable and needed to be addressed to avoid future problems for the developer
and the town.
Mr. LoMascolo asked how high the retaining wall will need to be in order to hold
back the hillside north of the property.
Mr. Contadino answered about 12 feet.
Ms. Gandolfo stated that they will need a variance for the retaining wall.
Mr. Margotta stated that he didn't see where they will need a variance.
Mr. Hughes said that they didn't want a buffer. They didn't have any room for it.
AH we have is 5 ft.
Discussion on the buffer followed.
Chairman Anello asked if anyone in the public had any comments.
Ms. Gloria Estafanos stated that they were concern, because their house was on top
directly behind it. Had a very little wall there. She was concern about the
excavation.
Chairman Anello asked if the excavation was going to be done with blasting.
Mr. Contadino answered that it was going to be conducted in several steps and very
little blasting. The retaining wall was going to built with concrete blocks - 4 ft wide.
Mr. Margotta stated that in addition to their engineer designing the retaining wall,
the Village is going to employ an engineer to review it

�Question arosed as to the correct address of the project.
Mr. Margotta said that a retaining wall and a wall are two different things. You
can fill a block wall between your property and your neighbor's property or a
decorative wall or a garden wall. That's why its a wall. A retaining wall is a
structure as in use. It's holding the dirt back. It's completely different from a wall.
Ms. Gandolfo stated that the retaining walls in some areas control the slopes and
they are building on different slopes. So therefore, variances will be required.
Richard Sweet questioned the address of the project. He stated that his home
happens to overlook the area. He asked the Board to address the concerns of the
people.
Mr. Martone said that he was in favor of re-developing the area but the concerns of
the neighbors should be addressed prior to granting any variances.
Mr. Morabito moved to close the Public Hearing.
Mr. Occhipinti seconded.
Carried unanimously. Public Hearing closed.
Chairman Anello gave a summary of what was said.
Discussion on the parking followed.
Chairman Anello expressed his concern on the buffer in the front and buffer in the
back.
Mr. Hughes asked the Board to give him some guidance on the retaining wall.
Mr. Margotta said that the retaining wall should be 25 ft. back from the property
line.
Mr. LoMascolo read the following definitions : A structure is any combination of
materials forming any construction, the use of which requires location on the
ground or attachment to something having location on the ground, and including,
among other things, display stands, fences and walls, gasoline pumps, gates and gate
posts, mobile dwellings, outdoor bins, pergolas, platforms, pools, porches, reviewing
stands, sales stands, signs, stadiums, stagings, standpipes, tanks of any kind, tents,
towers of any kind, including radio and television towers and antennas, and trellises.
A setback is defined as the distance from the front line of the structure to the street
line structure. The side yard is the yard situated between the side lines of a
building.

�Side yard is defined by building. Set back is defined by structure.
Mr. Hughes said he would leave his application on file but will re-notice pursuant to
tonight's discussion.
Application to be continued.

At this point, Mr. Occhipinti removed himself from the Board because his
application would be considered next.
5.

FRANK OCCHIPINTI, 20 Hudson Street - THIRD DWELLING UNIT

Chairman Anello read the Notice of Public Hearing to hear and consider an appeal
by Frank Occhipinti from a decision of the Building Inspector which denied a
building permit for the construction of a third dwelling unit at premises located at
20 Hudson Street. The district is zoned for manufacturing. In addition, the Village
Code, Section 62-14 requires five off-street parking spaces at the premises and the
applicant is proposing two off-street parking spaces.
The premises are known as Section 16, Block 3, Lot 23A on the tax assessment
map of the Village of North Tarrytown.
Mr. Occhipinti stated that he had a home on 20 Hudson Street. It was a 2 family
residence in a manufacturing zone. Everything on the street was residential use
except for a building which was a mechanic shop. The house is a 2 family home and
he was going for a variance for 3. Because it was a manufacturing district, he
couldn't use it for residential use unless he applied for a variance.
Ms. Gandolfo stated that anything Mr. Occhipinti wanted to do on the property
would need a variance.
Mr. Occhipinti stated that he was applying for two variances. One for the third
family residence and one for the parking. Right now, nobody had parking. There is
a municipal lot on the street which the Village rents to residents of the area.
Morabito asked where the third family was going to be.
Mr. Occhipinti answered the basement
Chairman Anello asked if there was an issue of income of the building.
Mr. Occhipinti answered yes. Right now, he was collecting $825 for one unit and
$850 for the other unit for a total of $1,675.00. His monthly mortgage payment is
for $1,809.00.

-10-

�Mr. Morabito asked how many rooms to the third apartment.
Mr. Occhipinti answered 3.
Mr. Morabito asked how much rent the applicant would get for this 3rd apartment.
Mr. Occhipinti answered $600.00.
Chairman Anello asked if anyone in the public had any comments.
David Star stated that his property was next to Mr. Occhipinti and that Mr.
Occhipinti's letter was misleading on the parking spaces. He said that Mr.
Occhipinti didn't have any parking available. The parking in the neighborhood was
congested. It was pointed out that Mr. Star had terminated his public lease with
Mr. Occhipinti subcuent to the public notice and therefore there was no intent to
deceive the Board.
Mr. Hyland said that he was representing the owner next door to Mr. Occhipinti.
Mr. Ortiz had three parking spaces. As for the parking lot, it was full. No vacancy
in the parking lot. The street was already congested. He also stated that the
applicant was given a variance a few years back from a one-family to a two-family.
Chairman Anello commented that variances can be granted continuously.
Mr. Morabito commented that he was concerned if the apartment was safe for
someone to get out. He asked if there was a door for people to get in and a door or
window for people to leave.
Ed Rivera stated he was concerned about the parking. There was no longer any
parking spaces available. The street was very congested.
Discussion on parking followed.
Mr. Morabito moved to close the Public Hearing.
Mr. McLean seconded.
Carried unanimously. Public Hearing closed.
Mr. Morabito asked if the apartment was ready now.
Mr. Occhipinti answered that it didn't have a kitchen.
Discussion followed on the safety of the existing door, the location of the door and if
it could be put elsewhere.

-11-

�Mr. Morabito stated that he was going to check the house out on the following day
to make sure that the door was safe.
Chairman Anello stated that they could vote on the application subject to the
condition that there was adequate ingress and egress from that door.
Mr. McLean moved to declare this a Type II Action which will have no adverse
impact on the environment.
Mr. Morabito seconded.
Carried unanimously.
Mr. McLean moved to grant the application on the condition that there are
adequete ingress and egress from the side door.
Mr. Morabito seconded.
Carried unanimously.
Approval of the May 17,1995 minutes was postpone to next meeting.
There being no further business before the Board, the meeting was adjourned.

Respectfully submitted „
CARMEN G. MARIANO
Recording Secretary

-12-

�//

400 North Broadway
North Tarrytown, NY

*"'

N

' ''^^-^VMT.

10591

June 15, 1995
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Village of North Tarrytown
Zoning Board of Appeals
28 Beekman Avenue
North Tarrytown, NY 10591
Attn:

ADMi!Mi£k:,,C

Linda David
Village Clerk
Re:

PHILIPSE PLAZA
Section 17, Block 21
Lots 15 &amp; 37

Dear Ms. David

•

We are in receipt of the legal notice with regard to the above referenced matter.
Unfortunatley, a family graduation will not enable us to attend the public hearing
of WEDNESDAY, JUNE 21, 1995 to address our.concerns with regard to the PHILIPSE
PLAZA project. As owners and residents immediately adjacent to the proposed
structure, we would appreciate the reading of this letter on our behalf at the
une 21, 1995 meeting, and a written response as to the decisions that may be
ade that evening.
Listed below are the concerns which need to be brought to the attention of the
developer and the building inspector:
LOCATION OF THE ACCESS DRIVE

"'

Access into and out of the plaza should not be directly onto Old
Broadway due to the heavy flow of traffice that currently exists.
Old Broadway is a narrow, poorly paved street that affords parking
on both sides.with traffic flowing in both directions. There are
cars currently flowing through the street to obtain access to
the BP Gas Station and the Antique store. In addition, the street
is often used for parking by residents of Pocantico Street and
visitors of the Philipsburg Manor Restoration.when their parking
lot fills to capacity. To allow access into the proposed plaza
through Old Broadway would impose a.severe hazard condition to
town residents and visitors. The access should be made at the
traffic light on Route 9 at the intersection where Uncle Jerry's
Deli now exists.
5-FOOT BUFFER AREA
Since the development of the area from a used car dealer where
vehicle activity was minimal into a piazaJ"for retail.''and office
use where customer's and of worker's cars will constantly be
pulling in and out and trucks may be making deliveries, we
would like a treed buffer between our property and the plaza to
block our view and insure nrivacv from vehicles and pedestrians,
f

�^

r

PHfLIPSE PLAZA
Page 2

400 North Broadway
North Tarrytown, NY

_
10591

LIGHTING
Lighting for the parking! lot ".should1 be ".'designed so that it does not
face the residence at 400 North Broadway and if feasible it should
be turned on and off at-reasonable hours. Amber lighting should
also be considered to reduce the glare.
GARBAGE COMPACTORS
At a previ ous meetirigon thi s'. topi c, i t was stated that the Garbage
Compactors must be enclosed in such a way. so as not to create an
eye-sore for the!people accessing the restoration accross the
street. We should'have the same consideration for the neighbors
1ivi ng next door on a daily basi s and locate the Garbage faci1ities
away from our residence. We also ask that the placement of the
Garbage Compactors allow easy access for pickup while being
inconspicuous to the public, perhaps behind the building.
RETAINING WALL
Areview of the Plan showed that the grade of the Plaza development
would be drastically changed thus makirigJ t necessary to have!a
retaini ng wall between our property arid the developer's parkingf1bt.
When questioned about 'the designjthe developer;had no PIans avai1able
for review. As residents adjacentto the"parking lot of the
proposed Plaza, I feel we are entitled to be consulted on the design
of the retaining wall;and laridscaning to afford bur privacy and
continue/our well being as homeowners and.to insure the soundness
of our investment.
In closing, we would like to let it be knowntthat^we are not in any way opposed
to the development. Wefeel"that it will be ani iniprovement for the area, however,
the concerns addressed herewith are. reasonable:and need to be addressed .at this
time to avoid future problems for the developer and the town once the Plaza
project is complete.
Sincerely,

�jyL- %»•£, JC1?!/.' S6&gt;/&amp;6-6&gt;0&lt;95
D A V I D M. P E R L M U T T E R
ANDREW S. HALPERN

T E L E P H O N E (212)
F A C S I M I L E (212)

986-4900
986-0397

DIRECT DIAL
(212) 9 8 6 -

W A D E T. B L A C K M O N

June 21,

1995

Zoning Board
Village of North Tarrytown
N. Tarrytown, NY 10591
Gentlemen:
Linda and I have resided at 470 Bellwood Avenue for over
20 years. During that period of time the fence at 457 Bellwood
became more and more in need of replacement.
We were overjoyed to see the work that Larry and Marion
Lenahan have done to repair the fence.
The fence is in the
identical place that the old fence was, but it is a remarkable
improvement. Whereas the old fence was falling apart and was an
eye sore, the new fence, built painstakingly piece by piece by
Larry, is a welcome addition to the neighborhood. The property
looks far better than it looked during those few moments when there
was no fence at all.
Your granting of his application7 J would not only be
appropriate but welcomed.
Thank you for your court.

ion.

David M. P e r l m u t t e r
DMP: l a m

i^^i^^i^ji^,&amp;£ss:aM.i^i^Uss^^^^M^^^^i^^sS^^^^m^^^S^^^^^^^^^^^^^^^

�June 21, 1995
Larry and Marion Lenihan
457
Bellwood Ave
No. Tarrytown, New York 10591
Re: Construction of Fence
Dear Larry and Marion:
As you know, we are your direct neighbors to the west of
your property and taxpayers of the Village of North Tarrytown.
We are writing this letter in support of your appeal to maintain
the fence around your property.
The previous owners had neglected the property and the old
fence was an eyesore and in such disrepair that it seemed to be
what lawyers call an "attractive hazard/nuisance" to children
playing in the area. The fence you have constructed is
attractive (in the positive sense), well built, and it fits in
well with the buildings and landscape of the neighborhood. We
find it difficult to believe that anyone would object to an
improvement that not only benefits the quality of your property
but obviously improves the value of the entire neighborhood.
We strongly urge the Zoning Board of Appeals of the Village
of North Tarrytown to permit you to maintain the fence.

125 Merlin Ave
No. Tarrytown, N.Y. 10591

�U*«*M

LEGAL NOTICE
VILLAGE OF NORTH TARRYTOWN
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of
North Tarrytown will hold a public hearing on Wednesday, June 21, 1995 at 8:00 P.M. in
the Municipal Building, 28 Beekman Avenue, North Tarrytown to hear and consider an
appeal by Antonio Rodrigues from a decision of the Building Inspector which denied a
building permit for the construction of an office and retail building at premises located at
358 N. Broadway, referred to as Philipse Plaza. The applicant is requesting several
variances, as follows:
1) The Schedule of Regulations, Part II requires a 20 for* car yard in addition to
a 5 foot buffer area between a business district and a residential area as required by
Section 62-9C(2). The applicant's plan provides for a 15 foot rear yard.
2) Section 62-14E of the Code requires 57 parking spaces for the proposed
project (25 spaces for the retail uses and 24 spaces for the office uses). The applicant's
plan provides for a total of 44 spaces.
3) Section 62-14F of the Code requires that 2 loading spaces be provided. The
applicant's plant provides for 1 loading space.
4) Section 62-14C requires that an access drive shall not exceed 25 feet. The
applicant's plan proposes an access drive of 27 feet.
The premises are known as Section 17, Block 21, Lots 15 &amp; 37 on the tax
assessment map of the Village of North 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
Dated: May 19, 1995

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Legal Notice
Village of North Tarrytown

PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of North
Tarrytown will hold a public hearing on Wednesday, June 21, 1995 at 8:00 P.M. in
the Municipal Building, 28 Bedkman Avenue, North Tarrytown, N.Y. to hear and consider
an appeal by Frank Occhipinti from a decision of the Building Inspector which denied
a building permit for the construction of a third dwelling unit at premises located
at 20 Hudson Street: The district is zoned for mahufacturing. In addition, the
Village Code, Section 62-14 requires five off-street parking spaces at the premises
and the applicant is proposing two off-street parking spaces.
The premises are known as Section 16, Block 3, Lot 23A on the tax assessment
map of the Village of North Tarrytown.
All taxpayers, interested parties and residents are invited to attend and be
heard.
«,

By Order of the Zoning Board, of Appeals
Linda David, Village Clerk
May 30, 1995

�VTLLAGK OF NORTH TARRYTOWN
PUBLIC NOTICE
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of
North Tanytown will hold a public hearing on Wednesday, June 21, 1995 at 8:00 P.M. in
. the Municipal Building, 28 Becfcman Avenue, North Tarrytown to hear and consider an
appeal by Elliot Martonefroma decision of the Building Inspector which denied a building
permit for construction of an addition and alterations to premises located at 18 Harrington
Avenue. The applicant is requesting the following variances:
1) The Schedule of Regulations, Part I of the Village Code requires that the
minimum lot sire in art R-2 District be 10,000 square feet. The actual lot size is 9,071.57
square feet;
2) The Schedule of Regulations, Part I of the Village Code requires, the minimum
lot width be 75 feet. The actual lot width of the lot is 60.56;
3) The Schedule of Regulations, Part I of the Village Code requires that the side
yards total 25 feet, with both sides being a minimum of 10 feet. The total of both side
yards is 1916" with one side being only 8' 6"
Th« premises are known it Section 14, Bloclc 8, Lot ID on the tax assessment
map of the Village of North Tarrytown.
AH 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
Dated: May 2 4 , \ 1995

�UiGAL NOTICE
VILLAGE OF NORTH TARRYTOWN
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of
North Tarrytown will hold a public hearing on Wednesday, June 21, 1995 at 8:00 P.M. ir
the Municipal Building, 28 Beckman Avenue, North Tarrytown to hear and consider an
appeal by Mr. and Mrs. John Monaco from a decision of the Building Inspector which
denied a building permit for the construction of a six (6) foot fence at premises located at
53 Fremont Road. The applicant is requesting a variance from the Village code which
prohibits the erection offences and walls in excess of three (3) feet in thefrontyard of any
residential district.
The premises are known as Section 11, Block IE, Lot 1 on the tax assessment
map of the Village of i^orth 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
Dated: May 12, 1995

•

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�LEGAL NOTICE
VILLAGE OF NORTH TARRYTOWN
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of
North Tarrytown will hold a public hearing on Wednesday, June 21, 1995 at 8:00 P.M. in
the Municipal Building, 28 Beekman Avenue, North Tarrytown to hear and consider an
appeal by Lawrence D. Lcnihan from a decision of the Building Inspector which denied a
building permit for the construction of a fence at premises located at 457 Bellwood
Avenue. The applicant is requesting a variance from the Village code which prohibits the
erection offences and walls in excess of three (3) feet in the front yard of any residential
district.
The premises are known as Section 14, Block 23, Lot ID; 5A on the tax
assessment map of the Village of North Tarrytown.
All taxpayers, residents and interested parties arc entitled to attend and be heard at
the aforesaid hearing.
By Order of the Zoning Board of Appeals
Linda David, Village Clerk
Dated:.May 12. 1995

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*

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�REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
July 19, 1995

A regular meeting of the NDrth Tarrytown Zoning Board of Appeals was
held on July 19, 1995 at 8:00 p.m. at the Village Hall,28 Beekman
Avenue, North Tarrytown, New York.
PRESENT:

Robert Anello, Chairman
William Taylor
John Morabito
Gary McLean
Angelo LoMascolo
Frank Occhipinti
Rhonda Mauhs

ALSO PRESENT:

Janet A. Gandolfo, Attorney
James Margotta, Building Inspector

Chairman Anello called the meeting to order at 8:10 p.m.
1)

MR. &amp; MRS. JOHN MONACO, 53 Fremont Road - Continuation

Mr. Monaco came forward and explained that he was present at the previous
meeting. He stated that he and Mr. White of the Sleepy Hollow Manor
Assoc, had come to a conclusion.
Mr. Weiss came forward and explained that they had proposed that the
fence, be an overall height not to exceed 4ft. 2inches and Mr.
Monaco agreed.
Mr. Monaco explained the fence was going to be screened by
greenery. He stated that he was very happy with the proposal.
Chairman Anello read a letter that the Zoning Board had received from
the ARB dated July 19, 1995.
Mr. Monaco said that was prior to his meeting with the Sleepy Hollow
Association.
Discussion on the fence ensued.
Mr. Margotta asked Ms. Gandolfo whether the applicant needed approval
from the ARB as well as the ZBA.
Ms. Gandolfo answered that approval from both Boards was needed.
Mr. Monaco asked what will happen if it was approved by one Board and
not the other.
Ms. Gandolfo answered that he would not be able to construct the fence.
She said that he should reach some compromise with the ARB.
Chairman Anello ask if anyone from the public had any comments.

�•

Mr. Occhipinti moved to close the Public Hearing.
Mr. McLean seconded.
Public Hearing closed.
Mr. Occhipinti made a motion to approve the variance with the stipulation
that the greenery be bought up to the full height of the fence.
Mr. McLean seconded.
Motion to approve the variance carried unaniamously.
2)

ANTONIO RODRIGUEZ, NORTH BROADWAY - RE-NOTICE

The clerk read the Notice of Public Hearing to hear and consider an
appeal by Antonio Rodrigues from a decision of the Building Inspector
which denied a building permit for the construction of an office and
retail building at premises located at North Broadway. The applicant
is requesting the following variances:
1. The Schedule of Regulations, Part II requires a 20 foot rear
yard in addition to a 5 foot buffer area between a business district
and a residential area as required by Section 62-9 (2). The applicant's
plan provides for a 15 foot rear yard.
2. Section 62-14E of the Code requires 57 parking spaces forthe proposed
project. The plan provides for a total of 44 spaces.
3. Section 62-14F of the Code requires that 2 loading spaces be
provided. The plan provides for 1 loading space.
4. Section 62-14C requires that an access drive shall not exceed
25 feet. The applicant's plan proposes an access drive of 27 feet.
5. The Village Code prohibits any wall or open or solid fence in
excess of six (6) feet in height to be erected in any business or
commercial district. The applicant is proposing a 12 feet terraced
retaining wall be built on the north side of the project.
The premises are known as Section 17, Block 21 and Lots 15 thru
37 on the tax assessment map of the Village of North Tarrytown.
Mr. John Hughes came forward. He went over what was said at last
month's meeting and the purpose of the present meeting was the
re-notice.
Louis Contadino, referring to
done since the last meeting.
wall was going to be and what
wouldn't be any landscaping.
was on Antonio's property.

the site drawing, explained what he had
He showed the Board where the retaining
it would look like. He said that there
He also stated that the retaining wall

Discussion on the retaining wall and it's location followed.
Ms. Gandolfo asked if they intended to get permission from the property
owners prior to construction,
Mr. Hughes said that the wall sat on property line and that the wall will
be safe. It was better deal all around for everyone.
He distributed to the Board the Acquisition &amp; Development costs of the

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project.
Chairman Anello asked Mr. Hughes to address each variance.
1. On the buffer, Mr. Hughes stated that because of the size and the
way the property was situated they couldn't comply with the Code.
Mr. Contadino referring to the drawing of the project
explained that as far as the intent of the buffer or shield to hide
items that you rather not see, he thought that the section he prepared
several months ago indicated that the site itself was a natural buffer.
He said that it was a very narrow building from a retail point
of view.
2. On the parking, Mr. Hughes said that they are 20 per cent short of
what the Code required. He had given out figures as to why they were
short and explained the cost of the project to the applicant. He went
over the costs of the construction.
Chairman Anello asked Mr. Hughes if they had submitted an EAF.
Mr. Hughes said they had done so to the Planning Board.
He stated that the only issues the neighbors had were in the
safety of their properties and the architectural aspect of the project.
Chairman Anello read a letter dated July 14, 1995 regarding
Antonio Rodriguez's application, (see attached)
Chairman Anello asked if anyone in the public wanted to comment.
Ms. Lucielle Anderson stated that the wall had been there for 65 years.
The railroad ties were there. She couldn't afford to build a stone
wall. She feels that she's going to have a problem because the
new wall wasn't going to stand.
Mr. Bruno Lightburger, the engineer passed out pamphlets showing what
the retaining wall was going to look like. He showed sketches of
the wall on the right side and what the wall would look like on the
left side.
Chairman Anello asked how far it would be from the property line.
Mr. Lightburger said 6 feet from the retaining wall. He showed a model
of the wall. It would be 8x6x4 height - 20 feet from the foundation.
He explained in detail the contents of the wall. He reassured the Board
members that the wall will be safe.
Discussion on the elevation of the retaining wall followed.
Mr. Landy said that he was concerned because he lived right next door.
He wanted to know what the retaining wall was going to look like next
to him and if it was going to come to the property line. He asked
if the driveway was going to be next to his property. He was also
concern about the traffic because it was already a busy intersection
Mr. LoMascolo moved to close the Public Hearing.

�V

Mr. McLean seconded.
Public Hearing closed.
Mr. LoMascolo stated that the reason they had these problems, issues
and discussions was because it was a very unusual topography lot and that
this was not going to change. What Mr. Rodriguez was proposing added to the
concerns about safety, walls and other things. What he was proposing
was a benefit to the Village. The real concern was the safety of
the wall. If the Board passed the matter, it should do so with a
strong word to the Planning Board to carefully take in consideration
all of the neighborhood concerns that had been brought up before the ZBA.
Ms. Mauhs thought that it will be a great asset to the whole area.
The only concern was the slope area on top of the retaining wall.
Mr. Morabito stated that everybody was in agreement and that they
liked the project. They should leave it up to the engineers to make
sure to protect the residences on top of the hill. The Board was
there to determine as to whether to pass the variances.
Mr. Taylor expressed concern on the retaining wall.
Chairman Anello stated that if the Board gave any variances, he would
like it to require that there be a buffer zone in the back, landscaping
on both sides of the fence and planting of 5 feet high on the outside
and inside of the fence.
Mr. McLean commented that they were good people and good builders.
They will work with the neighbors.
Chairman Anello went through.each of the variances for approval.
1, A variance from the requirement to allow a 10 ft. setback.
* The applicant withdrew his request for the variance of the 5 feet
buffer area as required by section 62-9C(2).
Mr. McLean made a notion to grant this variance with these conditions,
planting on the neighbor's side of the fence, at least 5 feet from
the property line and maintaining a 5 ft. buffer.
Mr. Morabito seconded.
Motion carried unanimously.
2.

Mr. Morabito made a motion to approve the request for parking.
In the event of a sub-division, they will have to come before
the Zoning Board and the Planning Board for the re-allocation
of the parking spaces.
Mr. Taylor seconded.
Motion carried unanimously.
3,4 and 5. Mr. McLean made a motion to approve variances 3,4 and 5.
Mr. Taylor seconded.
Motion carried unanimously.

3.

MR. &amp; MRS. WILLIAM BOUTON - 14 Webb Road

The clerk read the Notice of Public Hearing to hear and consider an appeal

�by Mr. &amp; Mrs. William Bouton from a decision of the Building Inspector
which denied a request to convert a patio to a habitable room at premises
located at 14 Webb Road. The request has been denied for the following
reasons:
1) The Schedule of Regulations, Part I requires a front yard setback
of 30'-0 for a residence located in District R-2. Site plan A-l, dated
June 15, 1995 indicated that the front yard setback on Hamlock Drive is
20'-6".
The premises are known as Section 11, Block IT, Lot 1A on the tax
assessment map of the Village of North Tarrytown.
Mr. Bouton came forward and stated that the patio he wanted to convert
was on the side of the house. The existing patio was 19' 7" x 10"
which at present didn't meet the Zoning Code either. He said that
the only people who would see his addition were the Sharoffs. He
distributed a letter from the Sharoffs and read the letter,to the Board,
(see attached) where they express their approval of the addition.
He also turned in a letter from the Sleepy Hollow Manor Association and
said that they also were in favor.
Chairman Anello asked if the front yard was going to be 20'.
Mr. Bouton answered that his existing patio was 19' 7" x 10' and it will
be 20* 6" from the property line.
Chairman Anello commented that he was looking for a 9 1/2* variance.
Chairman Anello asked what the room would be used for.
Mr. Bouton answered that it would be a playroom.
Ms. Gandolfo stated for the record that the property was a corner lot.
Chairman Anello asked if anyone in the audience had any comments.
No one came forward.
Ms. Mauhs moved to close the Public Hearing.
Mr. Taylor seconded.
Public hearing closed.
Mr. Morabito made a motion that the Zoning Board of Appeals be declared
Lead Agency in this matter and this be declared a Type II SEQA Action
which will have no material adverse impact on the environment.
Ms. Mauhs seconded.
Motion carried unanimously.
Mr. Morabito made a motion that the variance be granted.
Ms. Mauhs seconded.
Motion to grant the variance carried unanimously.
4.

DAVID WARREN - 217 Highland Avenue -

Second story addition

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�The clerk read the Notice of Public Hearing to hear and consider an
appeal by David Warren from a decision of the Building Inspector which
denied a building permit for the construction of a second story addition
at premises located at 217 Highland Avenue. The applicant is requesting
the following variance:
1) The Schedule of Regulations, Part I requires both side yards to
total a minimum of 25 feet. The survey of the premises indicated that both
side yards measure 21.44 feet.
The premises are known as Section 14, Block 16, Lot IK on the tax
assessment map of the Village of North Tarry town.
The architect came forward and passed out photo copies of the original
survey and site plans to the Board. He explained that the addition
to the house was a second floor addition and it was going to go straight
up to the parameters of the existing house. That it was in the eastern
part of the house.
Chairman Anello commented that the only variance he would need was for
the side yard.
Discussion on the neighboring houses and their locations to the premises
ensued.
Chairman Anello commented that the purpose of the addition was for more
living room.
Mr. Warren said he had a son and another on the way.
Chairman Anello asked if anyone in the audience had any comments.
No one came forward
Mr. LoMascolo moved »:o close the Public Hearing.
Mr. McLean seconded.
Public Hearing closed.
Mr. Morabito saw no problem at all with this reguest.
Chairman Anello commented that this addition wouldn't change the character
of the neighborhood.
Mr. McLean made a motion to declare this a Type II SEQA Action which will
have no material adverse impact on the environment.
Mr. Taylor seconded.
Motion carried unanimously.
Mr. Morabito moved that the variance be granted.
Mr. McLean seconded.
Carried unanimously.

5.

MICHAEL MINERVA - 111 Bedford Road

The clerk read the Notice of Public Hearing to hear and consider an
appeal by Michael Minerva from a decision of the Building Inspector
which denied a building permit to erect a new raised deck at the rear

�of the house on premises located at 111 Bedford Road. The request has
been denied for the following reasons:
1) The Schedule of Regulations, Part I requires a 25'-0 rear yard
setback for a residence located in District R-3. The survey indicates
a 12*-0 rear yard setback.
The premises are known as Section 17, Block 7, lot 23 on the tax
assessment map of the Village of North Tarrytown.
Mr. Minerva came forward and explained that he lived on Bedford Road
and that it was a busy road. He has 2 young children and an infant.
It was not a big piece of property and he proposed to build a raised
deck for the children to play.
chairman Anello asked if he had a survey.
The Board went over the survey which was attached to the Notice.
Chairman Anello asked if anyone else had any comments.
Mr. Morabito moved to close the Public Hearing.
Mr. Mclean seconded.
Public Hearing closed.
Mr. LoMascolo commented that the house would be more in keeping with the
neighboring houses with the deck.
Mr. McLean moved to declare this a Type II SEQA Action which will have no
material adverse impact on the environment.
Mr. LoMascolo seconded.
Carried unanimously.
Mr. Morabito moved to grant the variance.
Mr. Taylor seconded.
Carried unanimously.

6.

MARY ORE - 26 Depeyster Street

Chairman Anello said that the applicant did not have proof for the
legal notice.
V

Mr. Occhipinti made a motion to adjourn to next month.
Mr. McLean seconded.
Motion carried unanimously.

7.

JAMES NAZEMETZ - 134 Hunter Avenue

The clerk read the'NDtice of Public Hearing to hear and consider an
appeal by james Nazemetz from a decision of the Building Inspector which
denied a building permit to extend the front of a single family residence
located at 134 Hunter Avenue. The application has been denied for the

�following reasons:
The Schedule of Regulations, Part I requires the following:
A front yard of 30'0".
The survey shows 23*-0".
Lot width of 75' --0.
The survey shows a lot width of 59*-0.
The premises are known as Section 14, Block 4, Lot IV on the tax
assessment of the Village of North Tarrytown.

Mr. Nazemetz came forward and explained his reasons for wanting to extend
his residence. He needed more room and bigger closets.
Mr. Chairman asked him how many rooms were in the house.
Mr. Nazemetz said 3 bedrooms.
Mr. Morabito moved to close the Public Hearing.
Mr. McLean seconded.
Public Hcjaring closed.
Mr. Occhipinti made a motion to declare this a Type II SEQA Action which
will have no material adverse impact on the environment.
Mr. McLean seconded.
Motion carried unanimously.
Mr. Morabito made a motion to grant the variance.
Mr. Taylor seconded.
Motion carried unanimously.

Mr. Morabito moved to approve the minutes of May 17, 1995 as amended.
Mr. McLean seconded.
Carried unanimously.

Mr. McLean moved to approve the minutes of June2I, 1995 as amended.
Mr. LoMascolo seconded.
Carried unanimously.

There being no further business before the Board, Mr. McLean moved
to adjourn the meeting.
Mr. Morabito seconded.
Carried unanimously.

Respectfully
T^RMEN G. MARIANO
Recording Secretary

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�Acquisition and Development
1.

Site Development Cost
A.
B.
C.
D.

Excavation
Backfill
Paving
Retaining Wall

$ 20,000;o6
15,00000
60,000.00
175,000.00

Total
2.

Improvement Cost
11,900 sq. ft. @ $80 per sq.

3.

$ 270,000.00

Land Cost

Total Acquisition and Development

ft.

$ 952,000.00
$ 500,000.00
$1,722,000.00

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Rental Income (10% loss to common areas)
A. Professional Office Space
6372 sq. ft. @ $12 per sq.
B. Retail Space
4338 sq. ft. @ $15 per sq.

ft.

$76,464.00

fit

65,070.00
$141,534.00

Expenses
1.
2.
3.
4.
5.
6.

Real property taxes ($2.50 per sq.
ft.)
$"^300.00
Utilities (passed on to tenant)
Interior maintenance and repairs (passed on to tenant)
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4,000.00
Management - legal accounting
4,000.00
$1,700,000.00 @ 9.75% (one percent above current
prime rate) 15 year amortization, 5 year balloon.
214,000.00
$249,000 00

Net Profit

($107,466.00)

Adjustment
Cost of land- with no return 63,000.00

63,000.00
($44,466.00)

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15 WEBB ROAD. NORTH TARRYTOWN. NEW YORK

10591

July 5, 1995

Zoning Board of Appeals
Village of North Tarrytown
28 Beekman Avenue
North Tarrytown, New York
Attn: Linda David, Village Clerk
As owners and residents of property located
at 15 Webb Road, we support the appeal of
Mr, and Mrs. William Bouton to convert a patio
to a family room at their home at 14 Webb Road.
We believe that this variance from the schedule
of regulations is in the best interests of the
property owner, adjoining owners and the village
We urge approval of the appeal.

/ «BRIAN S
/

JUDITH SHAROFF

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�SLEEPY HOLLOW MANOR ASSOCIATION
June 15, 1995

Mr. and Mrs. William Bouton
14 Webb Road
North Tarrytown, New York 10591
Dear Mr. and Mrs. Bouton:
The Board of the Sleepy Hollow Manor Association has reviewed the architectural
drawings (KGA Project No. 95-080, dated 6/9/95) submitted by you with respect to the
proposed addition to your home at 14 Webb Road, North Tarrytown, New York and has
determined that the addition is acceptable. Accordingly, I am hereby notifying you of the
approval of such plans by the Sleepy Hollow Manor Association.
We wish you well on the impending additions, also, to your family.
Very truly yours,

Richard D. Weiss, President,
Sleepy Hollow Manor Association
cc: James Margotta,
North Tarrytown Building Inspector

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�LEGAL NOTICE
VILLAGE OF NORTH TARRYTOWN
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PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of
North Tarrytown will hold a public hearing on Wednesday, June 21, 1995 at 8:00 P.M. in
the Municipal Building, 28 Beekman Avenue, North Tarrytown to Hear and consider an
appeal by Mr. and Mrs. John Monaco from a decision of the Building Inspector which
denied a building permit for the construction of a six (6) foot fence at premises located at
53 Fremont Road. The applicant is requesting a variance from the Village code which
prohibits the erection of fences and walls in excess of three (3) feet in the front yard of any
residential district.
The premises are known as Section 11, Block IE, Lot 1 on the tax assessment
map of the Village of North 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
Dated: May 12, 1995

�LEGAL NOTICE
VILLAGE OF NORTH TARRYTOWN

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PLEASB TAKE NOTICE that the ZoningBoard of App^s of the Village of
North Tarryto^ wilt hold ipublic hearing oil Wednesday, July 19* 1995 at R.00 P.M. in
the Municipal Building, 28 Beekman Avenue, North Tarrytown. to heir and consider ah
appeal by Antonio Rodrigueifroriia decision of the Building Inspector Which denied a
building permit for the constructiort of an Office and retail building at premises located at
J R Broadway.; the applicant is fequeitlnjj sfevfcral variances, as follows:
1) Thi Schedule of Regulations, Part II require! a 20 foot rear yard in addition to
a 5 foot buffcf area between a business district arid a residential area as required by
Section162-9C(2).?th£applicant's plan providesfora i$ foot rear yard.
- jt) Section 62-14E of the Code requires 57 parking spaces for the proposed
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plan provide* for a total of 44 spaces.
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applicant'splait provides for t-loadingSpace.
4) Section 62-14C requires that ah access drive shall not exceed 25 feet, the
applicant's plan proposes an accessdrive of 27 feet.
; 5) The Village Code prohibits any wall or open or solid fence in excess of six (6)
feet in height to be erected in any business or commercial district. The applicant is
proposing a 1 2 foot terraced retaining wall be built on the north side of the project.
^4" The premises irl knb\vii as Section 17, Block 21; tots 15 thru 37 on the tax
assessment map of itie Village of Ndrih tarrytown.
''Vlfl'cf Ail taxpiy^s, feiidenti Ihd interested parties are entitled to attend and be heard at
the aforesaid hearing. ^
By 6rdcr oHhe.^bnlrig Board of Appeals
Linda t)avid, VtUagi fclerk
Dated: June i%^99S

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LEGAL NOTICE
VILLAGE OF NORTH TARRYTOWN
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of
North Tarrytown will hold a public hearing on Wednesday, July 19, 1995 at 8:00 P.M. in
the Municipal Building, 28 Beekman Avenue, North Tarrytown to hear and consider an
appeal by Mr. &amp; Mrs. William Bouton from a decision of the Building Inspector which
denied a request to convert a patio to a habitable room at premises located at 14 Webb
Road. The request has been denied for the following reasons:
1) The Schedule of Regulations, Part I requires afrontyard setback of 30'-0 for a
residence located in District R-2. She plan A-1, dated June 15, 1995 indicated that the
front yard setback on Hemlock Drive is 20-6".
The premises are known as Section 11, Block IT, Lot 1A on the tax assessment
map of the Village of North 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
Dated: Junel9, 1995

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LEGAL NOTICE
VILLAGE OF NORTH TARRYTWVN

vPLfc ASE TAkB NOTICB thai ine Zoning Boaid of Appeals of the Village of
North Taxrytowii Will hold a jaiblic hearing on Wedneid»y» ^uly 19,1995 at 8:00 P.M. in
the Municipal Building, 28 Beekman Avenue, North Tarrytowrt to hear and consider an
appeal by David Warrenfroma decision of the Building Inspector which denied a building
permit for the construction of a second story addition at premises located at 217 Highland Ave.
North Tarrytown. The applicant ts Requesting the) following variance:
1) The Schedule of Regulations, Part I requires both side yards to total a
minimum of 25 feet. The survey of th6 premises indicates that both side yards measure
21.44 feet.
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\ The premisei if6 known as Section 14, Block 16, Lot IK on the tax assessment
map of the Village" of Kbrth Tanytowh.
All taxpayers, residents and interested parties are entitled to attend and be heard at
the aforesaid hearing.
By drdo* of the Zoning Board of Appeals
Linda David, Village pierk
Dated: June 26,1995

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�LEGAL NOTICE
VILLAGE OF NORTH TARRYTOWN
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of
North Teurytowti will hold a public hearing on Wednesday, July 19,1995 at 8:00 P.M. in
the Municipal Building, 28 Beekmati Avenue, North Tarrytownto hear and consider an
appeal by Michael Minervafroma decision of the Building Inspector which denied a
building permit to erect i new raised deck at the rear of the house on premises located at
111 Bedford Road. The request has been denied for the following reasons:
1) The Schedule of Regulations, Part I requires a 25'-0 rear yard setback for a
residence located in District R-3. The survey indicates a 12'-0 fear yard setback.
The premises are known as Section 17, Block 7, Lot 28 on the tax assessment
map of the VTlligb of Nohh f arryto\vn.
;
•Alt 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
Dated: June.** 1995

�LEGAL NOTICE
VILLAGE OF NORTH TAJUIYT OWN
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of
North Tarrytown will hold a public hearing on Wednesday, Jury i9,1995 at 8:00 P.M. in
the Municipal Building, 28 Beekman Avenue, North Tarrytown to hear and consider an
appeal by James Nazemefz from a decision of the Building Inspector which denied a
building permit to extend the front of a single family residence located at 134 Hunter
Avenue. The application has been denied for the following reasons:
The Schedule of Regulations, Part I requires the following:
Afrontyard of 30»-0\
The survey shows 28*~0".
Lot width of 75'-0.
The survey shows a lot width of 50'-0.
The premises are known as Section 14, Block 4, Lot IV on the tax assessment
map of the Village of North 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
Dated: June 2T, 1995

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                    <text>Approved .with respect to substance and form:

Viljyage Attorney

Datgd:

ih.
ning Board

airman

Filed with Village Clerk
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Cleric or Deputy Clerk
Dated: 1 2 . / , / - / ? / ^

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NORTH TARRYTOWN, NEW YORK
August 16, 1995

REGULAR MEETING

A regular meeting of the North Tarrytown Zoning Board of Appeals was
held on August 16, 1995 at 8:00 p.m. at the Village Hall, 28 Beekman
Avenue, North Tarrytown, New York.
PRESENT:

Robert Anello, Chairman
Gary McLean
Angelo LoMascolo
Rhonda Mauhs

ABSENT:

John Morabito
Frank Occhipinti
William Taylor

ALSO PRESENT:

Janet A. Gandolfo, Attorney
James Margotta, Building Inspector

Chairman Anello called the meeting to order at 8:25 p.m.
MS. MARY COLETTE ORE - CONTINUATION OF OPEN REAR DECK IN REAR OF HOUSE
The clerk read the Notice of Public Hearing to hear and consider an appeal
by Ms. Mary Colette Ore from a decision of the Building Inspector which
denied a building permit to erect an open rear deck at the back of premises
located at 26 Depeyster Street. The applicant's request has been denied
for the following reasons:
1) The Schedule of Regulations, Part I requires a lot size of 4,000sq.
ft. for a single family residence. The lot size is 75' x 51' or 3,825
sq. ft.
2) The Schedule of Regulations, Part I requires a rear yard setback
of 25'-0. The survey indicates that the rear yard setback is 6'-0.
The premises are known as Section 16, Block 15, Lot 5 on the tax
assessment map of the Village of North Tarrytown.
Chairman Anello asked if anyone was present to speak for the applicant.
Mr. Richard Bucci, contractor for the applicant said that they wanted to
build a back deck and they didn't have enough setback and for that
reason they were before the Board.
Chairman Anello commented that the deck was to be 10x15. He asked
how far it was from the back property line.
Mr. Bucci answered 6 ft. from the back.
Chairman Anello asked if there was a hedge.
Mr. Bucci answered yes, there was.
Chairman Anello asked how high was it.

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�/! Mr. Bucci replied about 3 1/2 ft.
Chairman Anello asked how high the deck was going to be off the ground.
Mr. Bucci said about 4 ft.
Chairman Anello asked if they were going to use it for cooking, relaxing
and if it was going to be exited from the kitchen.
Mr. Bucci said it would be a second exit.
Mr. Margotta commented that there was a set of stairs from the deck to
the ground.
Chairman Anello asked if the neighbors had any objections.
They answered no.
Ms. Mauhs moved to close the Public Hearing.
Mr. Mclean seconded.
Public Hearing closed.
Ms. Mauhs made a motion to grant the variance.
Mr. LoMascolo seconded.
Motion carried unanimously.

There being no further business before the Board, Chairman Anello moved
to adjourn the meeting.
Mr. McLean seconded.
Carried unanimously.

Respectfully submitted, ^

Recording Secretary

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f

A regular meeting of the Zoning Board of Appeals was held on
September 20, 1995 at 8:00 PM in Village Hall, 28 Beekman Avenue,
North Tarrytown, New York
Members Present:

Also Present:
Absent:

Robert Anello, Chairman
Angelo Lomacolo
William Taylor
John Morabito
James Margotta, Building Inspector
Janet Gandolfo, Esq.
Rhonda Mauhs
Gary Mclean
Frank Occhipinti

IN THE MATTER OP DONNA ROSS 3 HIGHLAND AVENUE, NORTH TARRYTOWN,
NEW YORK 10591
Mr. Frank Arvan is the architect for the applicant, who submitted
proof of return receipts to the Clerk. The applicant would like
to put an addition onto the home at 3 Highland Avenue. This home
is non-conforming.
Mr. Arvan stated that the Board granted a
variance to the applicant for another addition three years ago.
The proposed addition is up-to-date with Village Code.
addition would complete what was done three years ago.

This

Mr. Anello asked Mr. Arvan if the A.R.B. had given approval. Mr.
Arvan stated yes and presented the Board with preliminary
drawings of what the A.R.B. had approved.
The total square footage is approximately 3,700 square feet.
There are currently three bedrooms. The addition would include
another bedroom and a dining room.
DISCUSSION
Mr. Taylor made a motion to open the public hearing, seconded by
Mr. Lomascolo. Motion carried unanimously.
Mr. Morabito made a motion pursuant to SEQRA, that this is a Type
II action and that will have no adverse impact on the
environment. Same was seconded by Mr. Lomascolo. Motion carried
unanimously.
Mr. Morabito made a motion to grant a variance for the applicants
request for a building permit to erect an addition at 3 Highland
Avenue, seconded by Mr. Lomascolo. Motion carried unanimously.

�*\

IN THE MATTER OF VINCENT CABRERA, 269 NORTH WASHINGTON STREET,
NORTH TARRYTOWN, NEW YORK 10591
Mr. John Hughes who is representing Mr. Cabrera submitted proof
of return receipts to the clerk.
Mr. Hughes stated that this home is zoned in a multi-family area.
The house has been purchased only two years ago and has been a
two family for many years. There are two entrances. The prior
owner converted this home into a single family residence for is
own purposes.
The survey shows that both side yards measure 14.38'. Due to the
condition of the slope the garage would have to be knocked down
and the area would have to be leveled off instead of doing this,
the driveway is long and it prohibits tandom parking.
Discussion ensued on reviewing the garage.
Mr. Morabito
mentioned that it would be expensive to remove the garage and it
would not be worth it to do so.
Mr. Morabito made a motion to open the public hearing seconded by
Mr. Lomocolo. Motion carried unanimously.
Mr. Morabito made a motion to close the public hearing seconded
by Mr. Lomascolo. 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 Mr. Taylor. Motion carried
unanimously.
Mr. Morabito made a motion to approve the variance for the above
project, seconded by Mr. Lomosoco. Motion carried unanimously.
IN THE MATTER OF JOSEPH BARRON, 28 PINE CLOSE, NORTH TARRYTOWN,
NEW YORK 10591
Mr. Hughes who is representing Joseph Barron presented proof of
return receipts to the clerk.
Mr. Hughes stated that the applicant would like to make the
basement area into a legal one bedroom apartment. The variance
calls for one parking space.
Mr. Hughes stated that it is
possible to create another space.
The Croton Aqueduct is
directly behind the property and the only green area that exists
would be ruined. Mr. Hughes presented the Board pictures of the
property.
There are several parking spaces available on the street.
other residents object they would have attending the meeting.

If

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�Mr. Lomacolo made a motion to close the public hearing, seconded
by Mr. Morabito. Motion carried unanimously.
Mr. Lomascolo 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 Mr. Morabito. Motion carried
unanimously.
Mr. Morabito made a motion to grant the variance for the above
application, seconded by Mr. Lomoscolo.
Motion carried
unanimously.
Mr. Morabito made a motion to approve the minutes of July 19,
1994 with correction, seconded by Mr. Lomascolo. Motion carried
unanimously.
Mr. Lomascolo made a motion to approve the minutes of August 16,
1995 with corrections, seconded by Mr. Morabito.
Motion carried
unanimously.
Being no further business, the meeting was adjourned.
Respectfully submitted,

Christine A. Zambrano
Recording Secretary

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                    <text>Approved w

ect to substance and form:

ninii Board

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DAt/ed: {/ / / .

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Filed with Village Clerk

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Dated:

Clerk

^J ; 4-/^4

&amp;ztoh

D a t e of M e e t i Yin
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«

KK^^v^ifes^^fevt^si^jiSSsi^Sis^^^-- -

�REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
October 18, 1995

A regular meeting of the North Tarrytown Zoning Board of Appeals was held on October
18, 1995 at 8:00 p.m. at the Village Hall, 28 Beekman Avenue, North Tarrytown, New
York.
PRESENT:

Robert Anello, Chairman
John Morabito
Gary McLean
Rhonda Mauhs
Angelo LoMascolo

ABSENT:

Frank Occhipinti
William Taylor

ALSO PRESENT:

Janet A. Gandolfo, Attorney
James Margotta, Building Inspector

Chairman Anello called the meeting to order at 8:10 p.m.
1. MS. SUSAN R. APUZZO - 250 Palmer Avenue - 1st floor addition
The clerk read the Notice of Public Hearing to hear and consider an appeal by Mrs. Susan
R. Apuzzo from a decision of the Building Inspector which denied a building permit for a
1st floor addition at premises located at 250 Palmer Avenue. The applicant is seeking to
construct a 1st floor addition, the residence is in the R-2 District. Schedule of
Regulations, Part I requires a front yard setback of 30'-0". The plot plan indicates a front
yard of 25'-31". The premises are known as Section 14, Block 28, Lot 3, 3A on the tax
assessment map of the Village of North Tarrytown.
Mrs. Apuzzo stated that she wanted to add on a kitchen where she could have a T. V. and
a table where her children could do homework while she cooked. Referring to the
blueprints, she pointed out where she planned to build a small retaining wall behind the
house.
Chairman Anello asked if this was going to increase the non-conforming variance already
existing on the property.
Ms. Apuzzo said no. The extension was in the back and they also had a separate garage
and that it didn't come close to any of the neighbors property.

�Chairman Anello asked if anyone else had any questions. There being none, he asked for a
motion to close the Public Hearing.
Mr. Morabito move to close the Public Hearing.
Ms. Mauhs seconded.
Public Hearing closed.
Mr. Morabito made a motion that the Zoning Board of Appeals be declared Lead Agency
in this matter and this be declared a Type II SEQA Action which will have no material
adverse impact on the environment.
Mr. McLean seconded.
Motion carried unanimously.
Mr. Morabito moved that the variance be granted.(this variance also includes the retaining
wall).
Mr. McLean seconded.
Motion carried unanimously.

2. SAMUEL VIERA, JR. - 65 Howard Street - One story addition
ON BEHALF OF MANUEL MARTIN
The clerk read the Notice of Public Hearing to hear and consider an appeal by Mr. Samuel
Viera, Jr. from a decision of the Building Inspector which denied a permit for a one story
addition with a garage and kitchen at premises located at 65 Howard Street. 65 Howard
Street is a two-family residence in an R-5 District. The applicant is seeking the following
variances:
1. The Schedule of Regulations, Part I requires a minimum lot size of 4,000 sq.
ft. The actual lot size is 3,200 sq. ft.
2. The Schedule of Regulations, Part I requires a maximum lot coverage of 35%.
The proposed coverage is 40%.
3. The Schedule of Regulations, Part I on Kendall Avenue requires a front yard
of 20'-0". The actual front yard is 7!-50".
4. The Schedule of Regulations, Part I requires a rear yard of 25'-0". The
proposed rear yard is 9'-22".
5. The Schedule of Regulations, Part I on Howard Street requires a front yard of
20'-0". The actual front yard is 8'-0".
The premises are known as Section 15, Block 5, Lot 1, 2 on the tax assessment map of the
Village of North Tarrytown.
Mr. Viera, the architect for the owners, Mr. and Mrs. Manuel Martin and Maria Martinez,
came forward and explained that the owners were not in the State. He said that they had
re-located to Kansas and at the present did not live in the house. The house was now a
rental property. They have lived in Dobbs Ferry with their parents and had to sell their

-2-

�house in Dobbs Ferry. This project was for their parents to move back to Tarrytown and
live and occupy the bottom floor apartment of this house. This was a two-family house
and this will be a one story addition to the side of the house to accommodate the parents
of the owners.
Chairman Anello referring to the drawing asked about the side addition, if it was a kitchen,
garage and a covered porch.
Mr. Viera said yes.
Ms. Gandolfo asked if there was a kitchen there now.
Mr. Viera said yes. He said that it was a small kitchen they wanted to enlarge it.
Ms. Gandolfo asked if the property had continuously been used as a two-family residence.
Mr. Viera stated that it has been and will continue to be a two-family residence.
Chairman Anello asked who was living in the building now.
Mr. Viera answered that there were tenants and they were aware of the situation. The
tenant on the 1st floor knew that they will have to re-locate if the variances were granted.
Chairman Anello asked how many bedrooms were at the premises.
Mr. Viera described the inside of the apartment. He also added that some of the variances
that were noted are existing conditions of the house. The house was non-conforming as it
stood.
Chairman Anello asked which were the variances that were pre-existing.
Mr. Viera stated that both front yards were non-conforming.
Chairman asked how the building plan fit in with the neighborhood.
Mr. Viera referred to other drawings previously submitted.
Discussion on the parking followed.
Chairman asked if anyone from the public had anything to say.
Mr. Vincent Froncelli, 67 Howard Street came forward.
He read a letter from his neighbors, Alan and Sheri Kaplan (attached to the minutes) dated
October 18, 1995. He felt that this construction will depreciate his property. It was too
close to his property.

-3-

�Ms. Lydia Michaelides, 84 Howard Street came forward.
She said that the lot is already too small. A long time ago, they allowed two houses on
one lot. They have broken all the rules. Too many rules, too many laws. They are going
to block the sun. It would be like living in New York City.
Chairman asked her what the negative affect will be.
Ms. Michaelides answered that it will be too much construction. It was going to affect
other peoples' back yards and their gardens.
There was no one else from the public who wished to address the Board.
Mr. Morabito moved to close the Public Hearing.
Mr. Mclean seconded.
Public Hearing closed.
Chairman Anello commented that in terms of hardship the owner's parents wanted to
move back to the house. He asked if there was any reason that some other arrangement
could not be made.
Mr. Viera said that the hardship was that the owners had to re-locate to Kansas due to the
situation with General Motors. They have to move out of the house from the apartment
they were living in right now which is a larger apartment. It has more storage space,
garage, dining room and everything else.
Mr. Morabito commented that the new addition met the front yard setbacks. Minimum
requirement for 2 side yards is 15' and if you add both side yards, it added up to 15'. The
only thing is the rear set back, its in line with the existing house.
Discussion on the rear set back ensued.
Mr. McLean commented that it was really tight down there and not much green at all.
Ms. Mauhs commented that it was really tight. She understood the desire for more space.
Chairman commented that he didn't see any major hardship. He understood that they
wanted to move into the house.
Ms. Mauhs asked if they had to move out of the house.
Mr. Viera answered yes. The house had been sold.
Chairman said that the neighborhood was already very tight. That it was unfortunate to
see what little greenery there disappear. The Zoning Board was intended to keep that

-4-

�from happening. He didn't see this as a terrible hardship. Taking out a lot of greenery to
put in a garage was not right.
Ms. Mauhs said she saw it as a couple who had to move out with no place to go. If it was
getting deeper into that yard, she would have a problem with that.
Mr. LoMascolo commented "when I look at the map, it appears that the Martin's house is
no closer to either Howard or Kendall than its neighbors. In addition, the Martin's house
is further from the property line than is the neighbor on Kendall and, after the addition,
will be as far or farther from the property line then the neighbor on Howard. In addition,
the addition respects all setbacks and much of the area that it will be built over is concrete.
Accordingly, I believe the area variance should be granted."
Chairman stated that the one thing that the Zoning laws intend to do was put brakes on
that kind of construction. One of the elements of granting variances was not undesirable
changes, character of the neighborhood, that will weigh in favor of this variance. He
thought some of the other elements didn't weigh in favor of this variance.
1. He stated that the variances asked for were substantial. There were five variances
needed. The fact that they were pre-existing and non-conforming, were all related to the
same issues.
2. Another issue was the benefit sought by the applicant can be achieved by other means.
3. Whether the sought variances will have an adverse impact on the physical
environmental condition of the neighborhood. He thought it will.
4. Whether this hardship was self created. He thought it was.
Mr. Viera stated that the concerns of the people were their sideyards.
Discussion on the yards followed.
Mr. Morabito made a motion that the Zoning Board of Appeals be declare Lead Agency in
this matter and this be declared a Type II SEQA Action which will have no material
adverse impact on the environment.
Ms. Mauhs seconded.
Motion carried.
Mr. Morabito made a motion that the request be granted.
Ms. Mauhs seconded.
Mr. McLean voted yes
Mr. LoMascolo voted yes
Chairman Anello voted no
Motion carried.

3. AUGUSTIN TRIANA - 128 Cortlandt Street - Installation of a restaurant

-5^V^*#M£^&amp;fcs^X4dH^^£^^

�The clerk read the Notice of Public Hearing to hear and consider an appeal by Mr.
Augustin Triana from a decision of the Building Inspector which denied a building permit
to install a restaurant at premises located at 128 Cortlandt Street for the following
reasons:
1. 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.
2. Section 62-14E requires one parking space for each five seats. Ninety four
seats are proposed. Nineteen parking spaces are required. Applicant has not provided for
any parking spaces.
3. Section 62-14F requires one loading space. Applicant has not provided for
any loading space.
Mr. John Hughes, attorney, came forward and said: "This building is non-conforming and
was built in the early 1920's. On the College Avenue side is a small grocery store. On the
Cortlandt Street side is vacant. It was used until 1993 as a bar and was closed down. On
the 2nd floor above the bar are 10 individual rooms with a common bath. On the 3rd
floor,- another 10 individual rooms with a common bath at the end of the hallway.
This rooming house is a legal non-conforming use. A wood frame building. I must tell
you that it is economically viable. These rooms are rented all the time. There is virtually
no vacancy rate. The reason for that, most of you know, there is economic need for this
type of housing. Temporary housing for single men which is affordable. In my opinion,
this is one of the most unsafe uses in the Village of North Tarrytown. The history of the
ownership, my client purchased a partnership interest in this property in 1984. He had
partners. Because the partners did not want to invest any capital in re-modeling the
building, not much was done, except to collect rent. Earlier this year he was able to buy
out his partners. Now he wants to improve the building."
Chairman Anello asked Mr. Hughes if he knew how much parking was required under the
current use.
Mr. Hughes answered: "one space for each rented room. So there will be twenty there.
There is a Zoning schedule attached to my application which describes the existing
requirements and the requirements as proposed."
Mr. Ron Tumquist commented that Mr. Hughes forgot to mention the Social Club to the
back of the bar which has been vacated. Also, numbers required for the deli on the first :
level on the College Avenue. Bottom line was that the parking requirements for the
proposed use were substantially less then when it was a bar, social club, deli and rooming
house. Mr. Turnquist, by referring to the drawings explained the proposed project. He
said that the intent was to eliminate 20 rooms and create 4 dwelling units and a restaurant.
Chairman Anello pointed out that the restaurant was going to operate with parking.

�Mr. Hughes said that there was no parking. " I would say that the customers go to the
same exact place that the customers at Tarry Inn or Goldies or any other restaurant
located at Beekman Avenue or Cortlandt Street or anywhere in town - they park on the
streets."
Mr. Mclean asked if Mr. Triana owned property nearby.
Mr. Hughes said yes, that he did own property nearby. He owned a parking lot across the
street. He was willing to delicate some parking from this lot to the project. These parking
spaces were rented out to residents and businesses. If they were kicked out, they will
have to park on the streets.
Chairman commented that he understood what they wanted to do. It was an improvement
on the property. It was the parking issue that was going to be a problem. He questioned
why the applicant couldn't use the lot across the street for parking.
•i •

Mr. Hughes stated that he wanted the Board to consider the following:
1. Fire safety and public safety. Currently it was a wood frame building. It was
the most dangerous residential use in North Tarrytown. It was a non-conforming use so it
was legal. There was 20 men in those rooms, smoking. This proposal was going to have
many safety improvements.
. 2. This applicant was going to invest his capital in an area where it was needed.
Brand new building. Restaurant design was very nice.
The applicant is 58 years old. He was an assistant, chef with the Waldorf and Hilton. He
knows how to prepare and service food.
Mr. Hughes discussed the parking issue further.
Discussion on parking followed.
Chairman asked if anyone in the public had anything to say.
Mr. Richard Chulla, Fire Chief of the Fire Department, came forward.
He spoke on behalf of a small delegation present. He stated that the area was heavily
congested. He reminded the Board that they had given the Rock of Salvation Church a
variance to build a day care center which they were in the process of doing now. The fire
house was against it due to problems with traffic and congestions. The fire truck was
sometimes delayed in getting in and out of the fire house. There was no parking available.
Bob Moon, Assist. Fire Chief came forward.
He stated that they had back up ambulances due to heavy traffic and double parking. He
said a traffic study should be done.
John Cellante, Union Hose, came forward.

�He commented that there was no parking available. No place to park. The area was too
congested now. Can't get through because of traffic. Always late getting to alarms.
Dominick Pulsoni, 80 Chestnut Street came forward.
He said that the people will always find a place to park. The applicant could use the
parking from his lot for the restaurant.
Chairman Anello asked the applicant if any of the tenants rented from his parking lot.
Mr. Triana answered about 5 or 6.
Mr. Morabito move that the Public Hearing be closed.
Ms. Mauhs seconded.
Public Hearing closed.
Chairman commented that they were asking for 94 seats. His view was that this proposal
gave no thought to parking and it asked for quiet a large restaurant in an area that was
overly congested.
Mr. Hughes offered to provide the Board with a list of the tenants living in the builing that
are in the parking lot and said that they will discuss the matter and come up with a
proposal or in the alternative they will withdraw the application. He then asked for a
continuance.
Mr. LoMascolo suggested the thought of using the parking lot in the evening hours on a
valet basis.
Mr. Morabito questioned the law of a bar being 200 feet from a Church.
Mr. Hughes said that they will come back with a revised proposal.
Application to be continued.
Mr. Morabito move to approved the minutes as amended.
Ms. Mauhs seconded.
Carried uniamously.
There being no further matters to come before the Board, the meeting was adjourned.

Recording Secretary
Next meeting of the Zoning Board of Appeals will be on December 20, 1995

-8-

�'
LEGAL NOTICE
VILLAGE OF NORTH TARRYTOWN
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of
North Tarrytown will hold a public hearing on Wednesday, October 18, 1995 at 8:00 P.M.
in the Municipal Building, 28 Beekman Avenue, North Tarrytown to hear and consider an
appeal by Ms. Susan R. Apuzzofroma decision of the Building Inspector which denied a
building permit for a first floor addition at premises located at 250 Palmer Avenue.
The applicant is seeking to construct afirstflooraddition. The residence is in the
R-2 District. Schedule of Regulations, Part I requires afrontyard setback of 30'-0.
The plot plan indicates afrontyard of 25,.3"l!'
The premises are known as Section 14, Block 28, Lot 3, 3 A on the tax assessment
map of the Village of North 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
Dated: September 12,1995

�r

*

,
LEGAL NOTICE
VILLAGE Or NORTH TARRYTOWN

PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of
North Tarrytown will hold a public hearing on Wednesday, October 18, 1995 at 8:00 P.M
in the Municipal Building, 28 Beekman Avenue, North Tarrytown to hear and consider an
appeal by Mr. Samuel Viera, Jr. from a decision of the Building Inspector which denied a
building permit for a one story addition with a garage^citchen at premises located at 65
Howard Street.
-65 Howard Street is a two-family residence in an R-5 District.
The applicant is seeking the following variances:
The Schedule of Regulations, Part I requires a minimum lot size of 4,000 sq. ft.
The actual lot size is 3,200 sq. ft.
y^The Schedule of Regulations, Part I requires a maximum lot coverage of 35%.
The proposed coverage if 40%.
^&gt; The Schedule of Regulations, Part I on Kendall Avenue required afrontyard of20'-0? The actualfrontyard is 7.*50.
L\ The Schedule of Regulations, part I requires a rear yard of 25'-0." The proposed
rear yard is 9.22.
^The Schedule of Regulations, Part I on Howard Street required afrontyard of
20'0! The actualfrontyard is 8'-0w
1

The premises are known as Section 1 $, Block 5, Lot 1,2 on the tax assessment
map of the Village of North 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
Dated: September 12,1995

�LK'LVC

OJ

/-pyCci t

.Oct«f&gt;er 18, 1995, 8 P.M.
i

!

A u s t i n 'iriana v;;-.s cknic:i a buildi:^- peiTrit to install e restaurant a1
±2b Corticndt St. :or the- ioIIcr,cir£ reasons:
1) No portion cf the property used for a restaurant or food service establishment!
or dtlicEiessen or tavern or bar shall lie within two hundred (200) feel in a straight line i
from any lot or parcel thct is v&lt;cd for another restaurant or food service establishment orj
delicatessen or tavern or bar.
2)--Sec. 62-14E requires one parking ?pice for each five seats. Ninety-four seals
are- proposed. Nineteen parking spaces arc jupircd. Applicant has not provided for any
parking spaces.
• 3) Stc. 62-14F requires one loading jpsce. Applicant has not provided for any
loading space.
2. Ms. Susan R. Apuzzo has been denied a building permit for a f i r s t floor addition
^
for her residence at 250 Palmer Ave.
Schedule of Regulations, Part 1 requires a residence in an R-2 d i s t r i c t to have
a 30*-0 front yard setback.
The plot plan indicates a front yard setback of 25.31.
The premises are known as Sec. 14,- Bl. 28, Lots 3,3A.

\1

3. The building department has denied Samuel Viera, J r . , acting as agent for
Manuel Martin, 65 Howard St. a building permit for a one-story addition with
a kitchen and garage for the following reasons:
The Schedule of Regulations, Part I requires • mhwrrairn lot size of 4,000 iq. ft.
The actual lot size is 3,200 sq. ft.
The Schedule of Regulations, Part I requires a maximum lot coverage of 35%.
The proposed coverage if 40%.
&gt;. The Schedule of Regulations, Part I on Kendafl Avenue required afrontyard of
20'~tf The actualfrontyard is 7.50
The Schedule of Regulations, Jart I requires a rear yard of 25'-0.' The proposed
rear yard is 9.22.
*\*^
The Schedule ofRegulations, Part I on Howard Streetrequiredafrontyard of
20*0! The actualfrontyard is 8'-0r

�Alan and Sheri Kaplan
63 Howard Street
N.Tarrytown, NY 10591
October 18, 1995
Zoning Board of Appeals
Village of North Tarrytown
Dear Board Members,
We are responding to the appeal for 65 Howard Street. We feel that this would not be in the best interests of
the community. The property is already beyond today's regulations for set backs, and not just by a small
margin. Granting a variance of this magnitude does not make sense for the neighborhood. Our block has
very little space between the homes as it is. This variance would directly impact my property and deny us of
the enjoyment we now have. i.e.We would lose our garden and the openness we feelfromthat side of our
home. We hope you will not grant this variance as requested.
Sincerely,

/J^S^—
Alan Kaplan
Sheri Kaplan

v^-&gt;^VS;teis:K%^»aVjfes 1 M3i*fc^

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James Margotta

There is no agenda for the November ljfth meeting oi the
Zoning Board of* Appeals.

. **

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J. T. Margotta, Bldg. Inspector

�</text>
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