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                    <text>Approved with

to substance and form;

Village Attarne

Date'd: $AJfo

Approved

Filed with Village Clerk

-e-leik -or- Deputy Clerk

Dated: *//W&lt;^

"TP» n-P
net
Date
of ?.T&lt;=p»i~i
Meeting

/

*

'

�A regular meeting of the Zoning Board of Appeals was held on
January 17, 1996 at 8:00 PM in Village Hall, 28 Beekman Avenue,
North Tarrytown, New York 10591.
Members Present: Robert Anello, Chairman
Gary McLean
John Morabito
Rhonda Mauhs
Absent:

Frank Occhipinti
William Taylor

Also Present: James Margotta, Building Inspector
Emanuel Lobato, Esq.
IN THE MATTER OF JOSEPH AND CARMELA DiFELICE,
WASHINGTON STREET, NORTH TARRYTOWN, NEW YORK 10591

2 91 NORTH

Mr. John Hughes is representing Joseph and Carmela DiFelice. The
DiFelices have owned this piece of property since the 1960's.
There is no new construction being done. The DiFelice's are have
a hard time selling the residence as a one family home they are
only interested in making the residence a two family home. The
area is multi-family and there is parking in the back of the
home. This would be an area variance.
Mr. McLean stated that there is multi-family in the area, parking
is a problem, but it could be taken care of.
Mr. Hughes stated that the DiFelices are elderly and would be
moving in to a nursing home. They will not be the ones handling
this job.
Public Comments
Ms. Serina Tucci, 304 North Washington Street stated that she
took out a permit to finish her basement and wanted to improve
her home. Ms. Serina stated that she is paying taxes for a three
family home. She also wanted to know when other homes were being
worked on how come she didn't receive a notice.
Ms. Serina
stated that she is opposed to this also because of the parking
situation.
Dr. Richard Sweet, 305-309 North Washington Street stated that he
has been a neighbor for 40 years. Dr. Sweet is representing the
one family homes, which he would be the last of. Most of the
homes are two and three family homes and it has increased the
parking. It is unfortunate that the only way to sell a home is to
be two family. Dr. Sweet also stated that he is not in favor of
having the additional parking on the roadway because parking is
critical.

�Ms. Kay Camilleri, 60 Pocantico Street stated that parking is
terrible and most families have more than one car.
Mr. Morabito made a motion to close the public hearing, seconded
by Mr. McLean. Motion carried unanimously.
Mr. McLean stated that he lives at 282 North Washington Street
and as for the snow storm recently, the police had used loud
speakers for people to move their cars so that the street could
be cleaned, but some of the cars are not from Washington Street.
Mr. Hughes stated that a real estate agency advised the DiFelices
that a two family may sell faster.
Mr. Anello stated that this house is not much less conforming
than other houses. The Board can require that a parking space be
made. This home will not effect a change in the neighborhood. If
the garage in the back was knocked down they would not need a
variance.
Mr. Morabito stated that other houses do not conform, he has
lived in North Tarrytown for a long time and sees nothing wrong
with granting this variance.
Mr. Morabito made a motion pursuant to SEQRA to declare this
application a Type II action which will have no material adverse
impact on the environment, seconded by Ms. Mauhs. Motion granted
unanimously.
Mr. Morabito made a motion to grant the area variance with a
stipulation that a parking space be paved and put in the
appropriate place, seconded by Ms. Mauhs.
Motion granted
unanimously.
IN THE MATTER OF AGPSTIN TRIANA. 128 CORTLANDT STREET. NORTH
TARRYTOWN. NEW YORK 10591
Mr. Hughes who is representing Mr. Triana distributed plans for a
parking proposal. Mr. Triana would like to use an entire lot for
parking which would be 21 spaces, seven are tandom style. Mr.
Triana owns both properties.
The existing property is a non-conforming rooming house. The
plans show 2 0 rooms turned into 4 apartments. The only
requirement is the parking and 27 spaces are required. 21 spaces
are given and there are two on the site. Right now there would
be 94 seats in the restaurant.
Discussion ensued regarding
parking.
Mr. Morabito made a motion to open the public hearing, seconded
by Mr. Mclean. Motion carried unanimously.

�Mercedes Llaja of 147 Depeyster street stated that if Mr. Triana
plans to do something with the place, he should do something
good. Another bar is not acceptable. Ms. Llaja's brother passed
away and left three children. The bar had caused many problems,
the police were called constantly. She feels that it should not
be granted and Mr. Triana should do something that will help the
community, not a bar.
Mr. John Cellante, president of Union Hose stated that he was not
notified of the meeting.
Mr. Anello stated that this may be considered a continuation, and
if it is not a requirement to send out new notices.
Mr. Cellante stated that something needs to be done about the
parking in the area, when people double park it is hard to get in
and out of the fire house.
Mr. Robert Moon stated that a traffic study was done but the
problem was not solved.
Ms. Mauhs made a motion to close the public hearing, seconded by
Mr. McLean. Motion carried unanimously.
Mr. Morabito stated that there is an ordinance which requires 200
feet between taverns.
This Village has enough taverns and
restaurants. The area's parking situation is very congested and
the ordinance should be enforced.
Mr. Hughes stated that he would like to postpone this application
until the following month.
It was the consensus of the Board that the application be
postponed until February 21, 1996.
IN THE MATTER OF ALBERT PECK/MARCELLO POGUIO. 15 BEDFORD ROAD.
NORTH TARRYTOWN. NEW YORK 10591
Mr. Tim Cronin stated the Mr. Marcello is the contractor for Mr.
Pecks property at 15 Bedford Road. The request is for a front
yard variance. The building is going to be restored, the house
sits 60 feet from sleepy Hollow Road. There is enough parking in
the area.
This application is also going before the
Architectural Review Board.
Mr. Morabito made a motion to close the public hearing, seconded
by Mr. Mclean. Motion carried unanimously.
Mr. Anello stated that he was concerned about the A.R.B.
approval. This will be an improvement and he is in favor of the
addition.

�Mr. McLean stated that this is a good project.
Mr. Morabito made a motion pursuant to SEQRA to declare this a
Type II Action which will have no material adverse impact on the
environment, seconded by Ms. Mauhs. Motion carried unanimously.
Mr. Morabito made a motion to grant the addition as requested,
seconded by Mr. McLean.
Motion carried unanimously.
IN THE MATTER OF MIGUEL JIMINEZ. 16 6 CORTLANDT STREET. NORTH
TARRYTOWN. NEW YORK 10591.
Mr. Jiminez stated that he would like to open a fried chicken
establishment called Chester Fried Chicken. This will only be a
take-out establishment.
Mr. Jiminez feel that this will help improve the Village. The
only other food establishment is owned by Mr. Samaras and he is
not present at the meeting to object.
Mr. Morabito made a motion to close the public hearing, seconded
by Ms. Mauhs. Motion carried unanimously.
Mr. McLean stated that the store is now empty, this used to be a
stationary store.
Mr. Anello stated
neighborhood.

that

he doesn't

see

a change

in the

Mr. McLean made a motion pursuant to SEQRA to declare this a Type
II Action which will have no material adverse impact on the
environment, seconded by Ms. Mauhs. Motion carried unanimously.
Mr. Morabito made a motion that the request be granted, seconded
by Mr. Mclean.
Being no further business, the meeting was adjourned.
Respectfully submitted,

Christine A. Zambrano
Recording Secretary

^

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                    <text>FEBRUARY 2 1 ,

1996

PLEASE BE ADVISED THAT AT THE REQUEST OF JOHN HUGHES,
JR.,
JUIRE, THE ZONING BOARD MEETING FOR FEBRUARY 2 1 , 9 9 6 HAS BEEN
fCELLED.

'JAMES
BUILDI

GOTTA
INSPECTOR

^T£-;,-^ig^-5^5^^^

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Approved wi.th respect to substance and form:
T^U?

ViljOLage A t t o r n
Dated:
^hjfC

Approved by
*

Cbstirma
id:

i//i7

Filed with Village Clerk

a

-elerfc—©*- Deputy Clerk
Dated: &lt;rfti^/qjL,

Wffrc,

Date of fleeting'

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�REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
March 28, 1996

A regular meeting of the North Tarrytown Zoning Board of Appeals was held on march
28, 1996 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

ABSENT:

Frank Occhipinti
William Taylor
Rhonda Mauns

ALSO PRESENT

Janet A. Gandolfo, Attorney

Chairman Anello called the meeting to order at 8:05 p.m.
The Board agreed to adjourn Triana application to next month's meeting.
M. A. Occhicone d/b/a The Dynasty Corp.
The clerk read the Notice of Public hearing to hear and consider an appeal by M.A.
Occhicone d/b/a The Dynasty Corp. from a decision of the Building Inspector which
denied a building permit for the conversion of an existing bar/lounge and gift shop to a
dining room and dance facility at premises located at 111 Beekman Avenue, No.
Tarrytown. The following variances are needed for said conversion.
1. Sec 62-14E requires restaurants, bars, diners and other eating places to have
one parking space for each five seats. Twenty-five (25) seats have been added
to the applicant's plans. Therefore, five additional parking spaces are
required. The applicant's plans do not provide for the additional parking.
2. The size of a non-conforming use is being increased, therefore a variance is
needed. Sec 62-20.1, Restaurants, delicatessens, food service establishments,
taverns, bars and drinking establishments. 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 15, block 11, Lot 18 on the tax assessment
map of the Village of North Tarrytown.

�Mr. Ron Turnquist, the architect for the applicant, came forward and introduces Anthony
Pirrotti, attorney for the applicant. Referring to the plans, he went over the present
locations of the three buisness' involved, Hollywood North Pizzeria, O'Brien's gift shop
and O'Brien's Tavern and the changes they were proposing. The application seeks to
create a dining room, a dance floor and a platform for a musical band. Mr. Turnquist
explained the changes in detail.
Chairman Anello commented that the variances sought were for parking and relief from
the 200' rule regarding the distances required between restaurants or similar
establishments. The bar and the pizzeria were present non-conforming uses and they
were connected by the same ownership. The variances requested are for the entire
project.
Mr. Morabito commented that the only reason the applicant wanted to construct a door
between the pizzeria and the bar was to meet the ABC requirement for serving food in a
bar. A bar has to serve certain kinds of food.
Chairman Anello said that the three buildings were being treated as one and whatever
variance was given, they had to focus on the parking requirement.
Discussion on the parking requirements and the seats followed.
Mr. Morabito asked Mr. Turnquist how he concluded that 25 seats were in the proposal.
Mr. Turnquist said that he came up with 25 additional seats by comparing the existing
occupancies and the proposed occupancies. He based it on what was there now and what
he was proposing.
Chairman Anello stated that he wanted to see the parking requirement for the entire
project - how much the pizzeria required, how much the lounge required and how much
the dinning room required. The variance needed was quite substantial on parking.
Mr. Turnquist made a reference to the parking aroung the area and stated that the
applicant intended to lease spaces from the Van Tassel parking gargage when parking
became available.
Chairman Anello asked if the garage was owned by the same landlord of the Van Tassel
Building and if it was rented out to the tenants of the building.
Chairman Anello asked Ms. Gandolfo if the Village zoning law requires parking to be on
the site or designated to the facility.
Ms. Gandolfo answered that parking didn't have to be on the site, that it could be
designated to the facility on another property under the same ownership and within 200
feet of the facility itself.

�Mr. LoMascolo commented that for the most part there wasn't a single business that met
it's parking requirement in the Village.
Chairman Anello asked Ms. Gandolfo if when a person builds is there a requirement that
his tenants park in designated spaces.
Ms. Gandolfo stated that there was no such requirement.
Chairman Anello said "This building, this piece of property has proved that it certainly
has sufficient parking unless this parking somehow has been designated through some
Zoning contract for the Van Tassel apartments. This building as it exists may have
sufficient parking."
Discussion on the parking requirement as set forth in the Village Code followed.
Mr. Morabito commented that Teresa Street was not owned by the Village but owned by
the corporation that owned the Van Tassel. He said that there was a waiting list for the
parking.
Mr. Occhicone came forward and asked the Board to do what was fair for everyone. He
recognized the fact that there was a parking problem in the area. He asked the Board to
consider the relationship between the two places. They were going through hard times.
The pizzeria was going to buy the business next door. He explained the background of
the existing business'. He concluded by stating that he would leave it up to the Board to
make the right decision.
Frank DiDero, attorney for Mr. O'Brien, came forward and said that Mr. O'Brien has
been a client for many years. He was selling the bar subject to the Board giving the
variances. On the parking issue he pointed out that people in bars stay longer than people
in a restaurant and as it was now there wasn't a problem with the parking.
Chairman Anello asked how long a lease was given for the premises.
Mr. DiDero answered five (5) years. The pizzeria would have a different lease.
Chairman Anello opened the Public Hearing.
Mr. O'Brien came forward and stated that if the variance was granted there would not be
any problem with the parking. Referring to the plans he explained the amount of seats
proposed as to the present lay-out. He felt that nothing had really changed. He
commented that Tony (pizzeria owner) was a good man.

-3- &amp;*Wr-iMjs&amp;*=ieiiSi=»iE i i i S ^ a s ^ s &amp; ^ f i i j i i ^

�Mr. Morabito move that the Public Hearing be closed.
Mr. McLean seconded the motion.
The Public Hearing was closed.
The Chairman asked for comments from the members of the Board.
Chairman Anello said that he thought they had a general parking problem in the Village.
But a building that had as much parking as this was in fact alleviating the parking
problem in some sense. The way he read the law they didn't need a parking variance. It
just said that the site had to have parking. It didn't say that the people who leased it had
to own the spaces.
Ms. Gandolfo commented that the Building Inspector and herself did not consider the
parking garage as part of this site. They just looked at the impact of the increase in
seating within the establishment. She commented that the Chairman's interpretation of te
Code was very sound and she would defer to his opinion.
Mr. LoMascolo thought that this was the only building in the Village that had this
particular characteristic. He would move that the Board determine that a parking
variance was not required by the applicant. This was a rather unique situation but it does
distinguish it from other cases coming before the Board seeking parking variances. With
regard to the 200' rule, Mr. LoMascolo stated that the number of restaurants in the
Village is substantial and the Board of Trustees should address the question as to how
whether the 200' rule should be abolished or allowed to remain. He stated that the
Trustees should take the lead on this issue and give the Zoning Board some guidance.
Mr. Morabito said that he agreed with the Chairman on the parking issue, although the
parking in the Van Tassel building would not be available to the people patronizing the
pizzeria and the restaurant. He was not against the variance for the 200' requirement.
Mr. LoMascolo made a motion to overrule the determination of the Building Inspector
that a parking variance was needed and interpret the Code as not requiring a parking
variance.
Mr. Morabito seconded.
Motion carried unanimously.
Mr. McLean stated that the area was nice and that the pizzeria was a nice restaurant.
The Chairman did not think that the deli on the corner would conflict with the 200' rule,
He agreed with Mr. LoMascolo that the Board of Trustees reconsider this law and if they
thought that this law was unworkable they should consider repealing it or modifying it.
He thought that in this instance there were a lot of reasons to give relief of the 200'
requirement. It did not change the character of the site at all because there was only a
slight addition to an existing use. It was not a great variance because the only other
eating facility was some distance away. This application would not adversely effect the

�environment. There should not be a litter problem because most of the food would be
eaten on premises or taken home.
Mr. LoMascolo commented that instead of two restaurants there will be one restaurant.
He did not think it was a very substantial variance.
Mr. Morabito moved that a variance from section 62.20.1 of the Village Code be granted
as sumitted.
Mr. LoMascolo seconded.
Motion carried unanimously.
Mr. Morabito moved to approve the minutes of January 17,1996 as amended.
Mr. McLean seconded the motion.
Motion carried unanimously.
There being no further matters to come before the Board, the meeting was adjourned.
Respectfully submitted,

CARMEN G. MARIANO
Recording Secretary

-5-

j

�LEGAL NOTICE
VILLAGE OF NORTH TABRYTOWN
PLEASE TAKE NOTICE that the Zoning Board of Appealso££he Village of
North Tarrytown will hold a public hearing on Wednesday, March-2§T 1996 at 8:00 P.M.
in the Municipal Building, 28 Beefcma'n Avenue, North Tanytown to hear and consider an
appeal by M. A. Occhicone, d/b/a The Dynasty Corp. from a decision of the Building
Inspector which denied a building permit for the conversion of an existing bar/lounge and
gift shop to a dining room and dance facility at premises located at 111 Beekman Avenue,
No. Tarrytown. The applicant needs the following variances for said conversion:
1) Sec. 62-14B requires restaurants, bars, diners and other eating places to have
one parking space for each five seats. Twenty-five (25) seats have been added to the
applicant plans. Therefore, five additional parking spaces are required. The applicant's
plans do not provide for the additional parking.
2) The size of a non-conforming use is being increased, therefore a variance is
needed. Sec. 62-20.1, Restaurants, delicatessens, food service establishments, taverns,
bars and drinking establishments. 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 15, Block 11, Lot 18 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
D a t e d : F e b r u a r y 2 6 , 1996

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Approved 5yith respect to substance and form;
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Approved by//the/ f Zo2fing Board
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Chairman ox/&amp;ct^frfg 'Cn'a/krman
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Meeting
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�REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
April 17, 1996
i

A regular meeting of the North Tarrytown Zoning Board of Appeals was held on April
17, 1996 at 8:00 p.m. at the Village Hall, 28 Beekman Avenue, North Tarrytown, New
York.
PRESENT:

Robert Anello, Chairman
Miguel Jimenez
John Morabito
Gary McLean
Angelo LoMascolo

ABSENT:

Frank Occhipinti
William Taylor

ALSO PRESENT

Janet A. Gandolfo, Village Attorney

Chairman Anello called the meeting to order at 8:05 p.m.
Augustin Triana, 128 Cortlandt Street - Continuation
John Hughes, Esq., attorney for the applicant, stated that he would like the Board
to make a determination at this meeting.
Chairman Anello asked Mr. Hughes to go over the variances that the applicant
was seeking so that board members are clear on the issues.
Mr. Hughes stated that they were seeking the following 3 variances.
1. Exemption from the local law prohibiting a restaurant to be located 200 feet
within another restaurant.
2. Parking.
3. Loading zone.
At this time the clerk was asked to read the Notice of Public Hearing.
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 request to
alter the premises which was a former restaurant at 128 Cortlandt Street into a new
restaurant. The request has been denied for the following reasons:
1. No portion of the property used for a restaurant or food service establishmen
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. Sec. 62-14E requires one parking space for each five seats. Ninety-four (94)
seats are proposed. Nineteen (19) parking spaces are required. Applicant has
not provided for parking spaces.
3. Sec. 62-14F requires one loading space. Applicant has not provided for any
loading space.

�Mr. McLean seconded.
Public Hearing closed.
Mr. Jimenez' only concern was the change of ownership and the type of business
that might develop if the new restaurant did not make it.
Mr. McLean stated that Mr. Triana had been flexible to the Board's demands. The
Board asked for parking and he provided parking. "In my personal eyes, he has tried to
comply with the Board's asking." He stated he would like to see the application
approved.
Mr. LoMascblo was concerned about comments from the Union Hose. He
commented that the parking for the building had been taken care of and that there was a
loading dock. "Is it our responsibilty, when there is a no parking zone across the street or
in front of the restaurant, the enforcement of that is not for the Zoning Board to
undertake; if people double park in front of other restaurants that is a problem and if they
double park in front of this restaurant that is a problem. We have a right as a Board to
assume that other laws will be enforced. We cannot be expected to compensate for
enforcement that is entrusted to other bodies."
Mr. Morabito stated that he sided with the Fire Department. He didn't know how
the Board could not take into consideration the fact that it was within 200 ft. of the
Church and 200 ft. within the bar on the street.
Mr. Anello said the issue of a bar being located within 200 feet of a church is for
the ABC board to deal with, not the Zoning Board. The Zoning Board's only issue would
be with the premises being located within 200 ft. of a bar.
Mr. Morabito said he had looked at the applicant's liquor application and he didn't
state that he was located within 200 feet of a church or another bar.
Chairman Anello agreed with Mr. Morabito on the bar issue. He agreed with Mr.
LoMascolo on the parking issue. He said that before the application there was 20 rooms
and a bar and some type of eating establishing but it wasn't much of a restaurant. He
stated the only reason Mr. Triana was here was because his nonconforming use of the
property had lapsed. Because of his negligence in letting the nonconforming use lapse
the Board could now impose conditions on the use of the property. He was giving up a
piece of his property, a corner lot, to comply with the parking required for the restaurant.
On the loading space they could require that the lower lot be paved and be usuable for the
loading zone. He felt that it was going to be a major improvement; going from 20
individual rooms to 4-family apartments. On the variance of being 200 ft. from another
bar, maybe if they could take some of the seats out of the planned bar area, make it
smaller, something like a lounge.
Discussion on the bar and its size followed.
Mr. Triana commented that the only reason he was serving liquor was because
there was a demand for it. He himself was not a drinking man.
Chairman Anello commended the applicant for going a long way in meeting the
Board's demands. The following conditions will apply to the approval of this application:
1. Property accross the street, 8 Cedar Street, which is owned by Mr. Triana be
designated for parking according to the plans submitted to the Zoning Board of Appeals

�The premises are known as Section 16, Block 10, Lot 19 on the tax assessment
map of the Village of North Tarrytown.
Chairman Anello asked Mr. Hughes if there were 21 spaces on the parking plan
that he had submitted.
Mr. Hughes responded yes and stated that the parking spaces are located across
the street in a lot owned by Mr. Triana.
Discussion on the amount of parking spaces needed followed.
Chairman Anello asked how many employees will be working at the restaurant.
Mr. Triana stated two or three.
Chairman Anello stated the applicant needed parking spaces for the employees.
Mr. Triana said he will have the employees park in the back.
Ms. Gandolfo ask if all the spaces were for full size cars.
The Chairman commented there were four compact spaces.
Mr. Jimenez asked if there was a handicap parking space.
Mr. Hughes summed up the application by saying that right now there were 20
men living in the building. There will be 4 families under the new plans. Mr. Triana was
experiences in the food business and believes that this use will be a viable one for the
area. The restriction regarding restaurants was a difficult one because there were food and
retail businesses all over the area. He did not believe that the application had any adverse
effect on the environment.
Chairman Anello asked about the loading space and the 200 ft. rule.
Mr. Jimenez commented that he was concerned about what would happen to the
building if the restaurant did not make it. He wanted a guarantee as to what will happen
to the property if it changed ownership. "I don't want to see another bar or dancing club
or something like that."
Mr. Hughes stated that they couldn't give any guarantees. He said that they
wanted a variance for what they were proposing.
Chairman Anello open the Public Hearing and asked if anyone in the public had
any comments.
John Cellanle, President of Union Hose Fire Company, commented that there was
a lot of congestion in the area and the restaurant would add to it. The proposed restaurant
was right across from the fire house. He said the fire department was always late getting
in and out of the fire house. The traffic study done by the Village backed up all their
complaints. They could not guarantee to be on time, they will be always delayed because
of the present situation.
Mr. Jimenez moved to close the Public Hearing.

�and pursuant to the requirements for the development and maintanence set forth in 62-14,
that parking spaces 19,20 and 21 be designated as employee's parking spaces and be used
as employees parking spaces. A legal instrument satisfactory to the Village Attorney will
be filed with the County Clerk restricting the use of that property for as long as any
parking is required for any use at 128 Cortlandt Street, North Tarrytown, New York.
2. It is required that the loading zone and parking space located on the College
Avenue side be surfaced and maintain as required by Sec. 62-14D(4) and be designated as
a loading zone and parking space and the loading zone be used for the restaurant/bar.
3. The applicant should also be required to obtain approval from the ARB for
the signs for the parking lot at 8 Cedar Street and at 128 Cortlandt Street.
4. That the applicant does not obtain a Cabaret license without obtaining
additional variance from the Zoning Board of Appeals.
5.

The restaurant/bar have no more than 84 seats.

6. The applicant shall be required to obtain site plan approval of the Planning
Board for the parking lot.
Mr. McLean made a motion to declare this a Type II SEQA Action which will
have no material adverse impact on the environment.
Mr. Jimenez seconded.
Motion carried unanimously.
Chairman Anello stated that the issue of the loading zone was moot because the
applicant had agreed to provide a loading zone.
Mr. McLean made a motion to grant the remaining two variances with the
conditions previously specified.
Mr. Jimenez seconded the motion.
Motion carried with Chairman Anello, Mr. LoMascolo, Mr. McLean, and Mr.
Jiminez voting yes. Mr. Morabito abstained.
Motion carried.
Application of Westco F. G. Corporation
The clerk read the Notice Oof Public Hearing to hear and consider an appeal by
Westco F.G. Corporation from a desicion of the Building Inspector which denied a
building permit for the installation of a storage shed in the rear yard at premises located at
101-105 Cortlandt Street, No. Tarrytown, New York. The applicant is requesting the
following variance:
The property is in the C-2 district. The Schedule of Regulations, Part II requires a
20' rear yard. Drawing No. 1 dated 3/5/96 of the applicant's plan shows a rear yard of 5'.
A variance for 15' is required.
The premises are known as Section 16, Block 8, Lots 28 thru 33 on the tax
assessment mpa of the Village of North Tarrytown.
Mr. Sean McCarthy and Roger Pellaton, the architects came forward and
explained the application to the Board.

�Chairman Anello read the conditions of the use variance approved in February,
1995.
Mr. McCarthy explained how the parking was going to be arranged.
Mr. McCarthy was not aware that previous conditions had been imposed on the
site.
Mr. LoMascolo moved to adjourn this application for the next Board meeting.
Mr. McLean seconded.
Motion carried unanimously.
Mr. Morabito moved to approve the minutes of March 28, 1996.
Mr. McLean seconded the motion.
Motion carried unanimously.
There being no further matters to come before the Board, the meeting was
adjourned.
Respectfully submitted,

CARMEN G. MAWANO
Recording Secretary

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ft

Approved with respect to substance and form:

Village Attorney
Datea:

Approved bywthe

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Chairman or" Abt:
Dated:
/

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Filed with Village Clerk

QL

Clerk or Deputy Clerk
Dated :

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Darce of Meeting

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�V •
REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
May 15, 1996

A regular meeting of the North Tarrytown Zoning Board of Appeals was held on May 15,
1996 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
James Timmings, in
Miguel Jimenez

ALSO PRESENT:

Janet A. Gandolfo, Village Attorney
James Margotta, Building Inspector

Chairman Anello called the meeting to order at 8:05 p.m.
WESTCO (formerly A &amp; S Machine) 101 Cortlandt Street
Chairman Anello gave the Board a brief update on last year's minutes regarding the
above application. He said that last year the Board gave a variance with certain conditions
on where the parking would go and how the fencing would be.
Ms. Gandolfo went over the minutes pertaining to this application on Feb. 15,
1995. She read 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 occurfromthe rear of the building on the
Clinton Street side.
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 lines.
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.

�*v- •
Ms. Gandolfo said that one of the conditions was that the owner provide and
maintain 12 parking spaces for owners and employees and with the new plan, they wanted
to put the shed where some of those parking spaces were. If we grant this variance, the
previous variance's conditions have not been met.
On the parking issue, Mr. Margotta stated that they had to back-out the cars on
Cortlandt Street.
Discussion on the configuration of the parking spaces followed.
Mr. Margotta commented that if he was a customer he wouldn't park in that
parking lot.
Mr. McCarthy commented that the customers didnt come here, that they went out
to the customers. He felt that the parking had not been the issue.
Mr. McLean commented that they may go out to the customers but what about the
sales people that might be coming to them. It might be a good idea to bring the knee wall
down.
Discussion as to how the cars should park continued.
Chairman Anello asked the applicant what he wanted to do.
Mr. McCarthy said they wanted to build a storage shed in the back. A rear yard
setback of 20 feet was required and they were asking for a 5' variance.
Chairman Anello asked if the only variance that he was asking for was a 5' rear
yard setback.
He answered yes.
Chairman Anello opened the Public Hearing.
No one from the public came forward.
Mr. Morabito move to close the Public Hearing.
Mr. McLean seconded.
Public Hearing closed.
Ms. Gandolfo commented that if the Board decided to change the approval that
they granted in February 15,1995, they will have to re-notice that and advise the people
within 200 feet that they were changing the conditions of that approval.

•s- .fc-,fe^--,-.,„-. ^ r V « c ^ r . " ' ^ « i ^ f e V ^ ^

�Chairman Anello commented that the proposed shed was fine. That it didn't affect
anything other then the back yard. That it was a piece of property that will have sufficient
parking.
Mr. Jimenez commented that his problem with the project was that it was not
helping the community in increasing the value of the property but all it did was decrease
the value of the property. It created more hazards to the area and the community.
Ms. Gandolfo asked Mr. Margotta if a CO had been given.
Mr. Margotta answered Yes.
Ms. Gandolfo asked why did they get the CO. if the conditions weren't met. The
CO. should not have been given if the conditions weren't completed.
Mr. Margotta said that they were talking about the building and putting up a
wooden fence. They had to go before the ARB for both.
Discussion followed as to the CO.
Mr. McCarthy said that they had shifted things around and that having the
materials enclosed will enhance the area.
Mr. Jimenez commented that the Board should make them comply with the
conditions of last year's approval.
Chairman Anello commented that they should have gotten a temporary CO.
Mr. McLean said that he thought the applicant had tried to work with the Board,
had opened up Cortlandt Street, and had cleaned up the place.
Chairman Anello made a motion to grant the variance:
1. For a one (1) story 30x50 15 ft high assessory building located as pictured
in the plans dated March 5, 1996 as revised May 10,1996
2. The parking be as designated in these plans and maintained as required by
the Village Code Sec. 62-14D
3. The gate on the driveway at Cortlandt Street be kept opened during
business hours and that the entrance driveway be posted with signage
acceptable to the Building Inspector including a sign indicating a one
way traffic in the the direction of egress (N.W.)
4. Another sign indicating parking for customers of Westco

�5. That an arrow be painted on the Cortlandt Street driveway indicating
direction of ingress
6. The knee wall and fencing be removed from the NorthWest corner of the
building on Lot 33, sufficient to allow traffic
7. The owner seek and obtain approval from the ARB for fencing, the building
addition on Cortlandt Street and the accessory building in the rear.
8. No CO. be granted until all the above conditions have been comply with.
Mr. McLean seconded.
Mr. Jimenez voted NO. Chairman Anello, Mr. Morabito, Mr. McLean, Mr.
LoMascolo and Mr. Timmings voted YES.
Motion Carried.
There being no further matters to come before the Board, the meeting was adjourned.
Respectfully submitted,

CARMEN G. MARIANO
Recording Secretary

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                    <text>June 14, 1996
PLEASE BE ADVISED THAT THERE WILL BE NO MEETING OF THE ZONING
BOARD OF APPEALS FOR THE MONTH OF JUNE, DUE TO THE FACT THAT
TH^]
THlfRE IS_NO AGENDA.
f yCTAMES MARGOTTA
1/BUILDING
INSPECTOR

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»

Approve^ with /respect to substance and form:

Villag^ Attorney
Dated

Approve

ing/Bcfcard

Chairman or feting Chairman
Dated:
r

Filed with Village Clerk

Clerk: or Deputy
Clerk
Depu
Dated: I ///_ J^
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�REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
July 17, 1996

A regular meeting of the North Tarrytown Zoning Board of Appeals was held on May 15,
1996 at 8:00 p.m. at the Village Hall, 28 Beekman Avenue, North Tarrytown, New York.
PRESENT:

Robert Anello, Chairman
John Morabito
Angelo LoMascolo
Linda PAoi^otJ
Miguel Jimenez

ABSENT:

Gary McLean
James Timmings, HI

ALSO PRESENT:

Janet A. Gandolfo, Village Attorney
James Margotta, Building Inspector

Chairman Anello called the meeting to order at 8:10 p.m.
Leslie W. Ward, 34 Amos St. Certificate of Occupancy for two family residence
The clerk read the Notice of Public Hearing to hear and consider an appeal by Ms.
Leslie Ward from a decision of the Building Inspector which denied a Certificate of
Occupancy for a two-family residence at 34 Amos Street, North Tarrytown, New York
for the following reasons:
The location is in a R-3 District. The Zoning Code of the Village of North
Tarrytown only allows single-family residence in R-3 District.
The premises are known as Section 17, Block 8, Lot 5 on the tax assessment map
of the Village of North Tarrytown.
Mr. and Mrs Ward came forward.
Mr. Anello pointed out that this was a ruling on whether or not this was a preexisting use. It does not require a variance. The Board was here to determine that this
has been a two-family home pre-dating the Zoning Code.
Mrs. Ward begins with a short history of the property. She said that it was built
around 1858 and that they were one-family houses. Around the 1920's or 1930's the
Rockefellers brought the property and made them into two-family houses.

�Her father rented one half of the house from Rockefeller while he was working for
him and the other half was rented by Rockefeller's friend. When Rockefeller decided to
get rid of the property around 1970, her father was given the option to buy the two-family
house and he did.
Chairman Anello asked if the house continued to be a two-family house from then
until now.
She answered that she has always thought of the house to be a two-family house.
Mr. Ward said that the house had two gas meters, two electric meters, two
separate entrances, two water tanks, etc.
Chairman Anello asked as to when the Zoning Code was adopted.
Ms. Gandolfo said in the early '60's.
Mrs. Ward said that when her father died, her mother gave her the house.
Ms. Gandolfo said it pre-dated the Building Permit.
Chairman Anello asked if she had tenants.
Mrs. Ward said her mother lived on the other side of the house.
Chairman Anello commented that the Wards had presented a couple of letters
stating that the house has been known to be a two-family house.
The letters presented to the Board are attached to the minutes and they are from:
1
2
3
4.
5.
6.

Lucille D. Cecour, 36 Amos St., No. Tarrytown
Louise DeMichele, 33 Amos St., No. Tarrytown
Gabriel P. Hayes, 30 Amos St., No. Tarrytown
Dorothy Paolantonio, 43 Amos St., No. Tarrytown
Carol Galick Wilson, 521 Bedford Rd., No. Tarrytown
Ellen Galick Dupree, 5 Peconic Road, Hampton Bays, NY

Also attached are two photos of gas and electric meters.
Mr. Ward stated that they had gone over to Mt. Pleasant and were told that the
house had been taxed as a two-family house for the past 20 years.
Mr. Margotta stated that tax rolls had no bearing on this matter.
Chairman Anello opened the Public Hearing.

�1

There being no one in the public to comment,
Mr. Morabito moved to close the Public Hearing.
Mr. Jimenez seconded.
Public Hearing closed.
Mr. Morabito stated that he saw no problem with this application.
Mr. Morabito made a motion that the request be granted.
Mr. Jimenez seconded.
Motion carried unanimously.
There being no further business before the Board,
Mr. Morabito made a motion to adjourn the meeting.
Ms. Linda fAo\&amp;.&lt;nJ seconded.
Motion carried unanimously.
Respectfully submitted,

CARMEN G. MARIANO
Recording Secretary
•

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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 17, 1996 at 8:00 P.M. in
the Municipal Building, 28 Beekman Avenue, North Tarrytown to hear and consider an
appeal by Ms. Leslie Ward from a decision of the Building Inspector which denied a
Certificate of Occupancy for a two-family residence at 34 Amos Street, No. Tarrytown,
NY. for the following reasons:
This location is in a R-3 District. The Zoning Code of the Village of North
Tarrytown only allows single family residence in R-3 District.
The premises are known as Section 17, Block 8, 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 hearing.
By Order of the Zoning Board of Appeals
Linda David, Village Clerk
Dated: June 22, 1996

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�March 26, 1996

Village of North Tarrytown

To whom it may concern:
As a resident of Amos Street for the past thirty-two years
and a neighbor of Mrs. and Mr. Les Ward who reside at 34
Amos Street; I wish to confirm that the house at 34 Amos
Street has always been a two family house. Two families
reside there today.

Sincerely,

Louise DeMichele
33 Amos Street

�March 26, 1996

Village of North Tarrytown
To whom it may concern:
As a neighbor of Mrs. and Mr. Les Ward who reside at 34 Amos
Street; I wish to confirm that the house at 34 Amos Street
has always been a two family house. Two families reside
there today.
During 1930-40 my brother-in-law George Bowels had one
apartment for his family. Frank Galick had the other
apartment for his family.
A little history at the turn of the century, it was known as
the County House. Practically every family in North
Tarrytown lived there for a time. My mother included.

Sincerely,

(Pfbz^uc?
Gabriel P. Hayes
30 Amos Street

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I4.3 Amos Street
N. Tarrytown, N.Y. 10^91
March 2$, 1996

Village of North Tarrytown
Building Inspector
N. Tarrytown, N Y 10^91
Understanding the house of Leslie and Cynthia Ward at 3U Amos Street is
being considered a one family home, I would like to say my parents Mr &amp;
Mrs Frank Galick lived there for 5&gt;2 years,
I can remember three families that lived there as 1 was growing up. There
are two complete apartments with six rooms each, 2 separate furnaces, electric
lines, water meters, separate entrances, etc.
The families living there at different times as I lived there were the
Galanaries, Jones, Bowles and finally the Plick family, Mr Plick worked
for the Rockefeller estate and eventually purchased the house from the
Rockefeller's, Vsy parents subsequently moved and Mr &amp; Mrs Plick moved
into my parents apartment and the Flick1 s rented their apartment to Mr
&amp; Mrs Joseph Amendola.
Very truly yours,

Dorothy (Galick) Paolantonio

631-6135

�March 26, 1996

To Whom It May Concern:
My name is Carol Galick Wilson. In 1935 my father, mother and I moved into
34 Amos Street, North Tarrytown, NY 10591.
It was a two-family home at that time. A family living at that address
prior to our moving in was the Brooks family, then the Galinari's, Jones, Bowles
and Plicks lived there on the opposite side while the Galick's lived there. To
my knowledge 43 Amos Street dates back as a two family house for at least 60
years, with some saying it's more than 72 years. The house was known as the Old
County House.
It seems that a trip through this home would convince anyone that it has
been a dual residency for several lifetimes.
If you need further verification and you think I may be of some help, please
do not hesitate to contact me at 631-5506.

Carol Galick Wilson
521 Bedford Road
Pocantico Hills, New York

cw/
Plick/Ward

10591

�%*

5 Peconic Road
Hampton Bays, NY 11946
March 27, 1996
Village of North Tarrytown
Building Inspector
North Tarrytown, New York 10591
Dear Sir/Madam:
I am writing on behalf of Cynthia Ward, daughter of Mary Plick who resides at 34 Amos Street in
North Tarrytown.
I understand that there seems to be a lack of supporting documentation regarding the two-family status
of that residence. I don't understand why the Rockefeller Family or the Greenrock Corporation that represents
their land holdings hasn't been able to substantiate the two-family status of 34 Amos Street but I would like
to offer my input with regard to this wonderful "old'* two-family residence.
A few days after my birth - January 12, 1949 - my Mom, Pauline Galick and Father, Frank Galick,
brought me to what would be my home until I got married August 16, 1969. Before the Plick Family moved
into the two-family structure the Bowles Family lived there. I was very young at the time so I don't exactly
remember when the Bowles' moved out and the Plick Family moved in. I do remember going to school with
Cynthia and Joseph Plick, Jr. at a very young age perhaps 5 or 6.
^~
We had our fights and we had our fun, but when the day ended, Cynthia and "Plicky" (Joe's nickname)
(^went into their apartment and I went into mine. Our families never shared bathrooms, kitchens, backyards,
basements or furnaces. We did share a common front and rear entrance which led to our separate
apartments. Approximately 1960, Rockefeller built a two-car garage to the right of the domicile.
Approximately 1969-70, The Rockefeller Family began divesting themselves of their properties, which
since the turn of the century were rented to employees and their families and when available, to people who
had close connections with the Pocantico community having relatives living in the area. Such was the case of
my parents. Mr. Plick, however, was an employee of Rockefellers and was given the opportunity to purchase
34 Amos. When he did, my parents remained in their apartment for an additional year. After which they
move - right next door to 43 Amos, where my sister and her family built a house.
I have a point here - the point is, this wonderful house has been occupied by many families. But since
many can remember, it was always understood to be a two-family structure. In conclusion, I offer a copy
of an envelope addressed to my Mom in 1956. You can clearly see it is addressed to: Mrs. F. Galick, 34
Amos St., N. Tarrytown, N.Y. I'm sure Cynthia can probably find a similar letter addressed to her Mom
at 34 Amos Street.
I have given you my address and my phone number is 516-728-3053. Please contact me if you need
any further information regarding the two-family structure at 34 Amos Street, North Tarrytown, New York.
Sincerely,
Ellen Galick Dupree
Attachment

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AUGUST 2 1 ,

1996

THERE .WAS NO MEETING OF THE ZONING BOARD DUE TO THE LACK OF QUORUM,

JAMES MABGOTTA
B W L D I N £ INSPECTOR

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V

•

A regular meeting of the Zoning Board of Appeals was held on September
18, 1996 in Village Hall, 28 Beekman Avenue, North Tarrytown, N e w York
10591
Members Present: Robert Anello
Linda Moiron
Miguel Jiminez
Angelo Lomoscoio
Absent: John Morabito
Gary McLean
James Timming, in
Also Present:

James Margotta, Building Inspector
Janet Gandolfo, Village Attorney

m THE MATTER OF LEONCIO MOLINA, 15 COLLEGE AVENUE, NORTH
TARRYTOWN, NEW YORK 10591
Proof of return receipt was submitted to the Clerk.
This is an eight family home and the owner would like to increase this home with a one
room addition. This would fit in the building itself. This addition isfillingin a section of
the building that have two sides that are existing. This would be a low impact of
additional exposure. Only a couple of hundred square feet on one floor, on thefirstfloor
of the building in the back is six feet above grade.
Mr. Anello asked what the length and width is? Mr. Barstow stated 12 x 14 ft.
Mr. Margotta stated that he needs several variances. All the homes in the area have preexisting conditions. The home is built to the side line.
What would the 12 x 14 used for? Mr. Annelo asked if the extension of existing kitchen
its too small.
Mr. Molina stated that he wanted to make a dining room and a kitchen.
Mr. Barstow stated that there will not be a new bedroom.
Mr. Barstow stated that the applicants apartment needs additional space because he has a
large family, six children. Mr. Molina stated that It is a three bedroom unit.
This is an eight family home. Discussion ensued regarding each apartment.
1

�Mr. Anello asked if all the apartments are occupied. Mr. Molina stated yes.
Mr. Barstow stated that one variance is for parking. The code states that 1 parking space
for each bedroom and Vz parking for each additional bedroom.
Parking has been in thefrontyard area. It has been there since Mr. Molina purchased the
building in 1982. There are hedges between the parking and the street.
Mr. Anello's initial concerns is that he is not comfortable with the amount of information
received. He would like to know the layout of the building. For instance the sizes of the
families and sizes of the apartments. Wants to be sure there is a good reason to grant an
area variance.
Most of the 14 spaces are not included under the zoning code and parking on lawn is not
allowed. Discussion ensued.
Spaces are laid out for a typical parking space. Mr. Anello asked if all spaces are 9 x 20,
he would also like to know more about the building. Plans are not accurate.
Mr. Barstow stated that he has to clarify the parking requirement. He will have to double
check the numbers.
Mr. Barstow stated that he has copies of village records. The Board would like to know
when the building became and eight family home. Mr. Margotta stated that is an eight
family home.
The Zoning Board moved to open the public comments.
Mrs. Judith Washburn of 180 No. Washington St. stated that Mr. Molina tried to put an
addition on a while back. She was concerned about the density of the development of that
piece of property. This is a dense area already. Also Mrs. Washburns main concern is
that if construction occurs, who is going to monitor it? A lot of cars are parked on this
property and mechanical work is begin done. Cars on College avenue are double parked
all the time, she knows there are children around and is concerned for their safety.
Mr. Jiminez asked if Ms. Washburn made complaints to the Building Inspector. Mrs.
Washburn responded that it is on record with the Zoning Board. ( Mr. Fine was the
chairman at that time).
Mrs. Mary PetcofFof 27 College Avenue is a neighbor who stated she doesn't
understand the zoning proposition. According to the letter there is not enough space left.
Mr. Anello stated that most houses do not conform. Most houses do not fit into the
Zoning Code. If anyone wants to make a change they would have to come for a variance.
2

�Mr. Lomoscolo stated that all houses in the area are too close to the street, should that
prevent someonefromnot putting on extensions, or allow kitchen additions just because
the house is too close to the street?
Mr. Jiminez stated that things happened so many years ago, this Board has the power to
make changes at the residents requests.
Ms. PetcofF feels that there are too many people living there now. Too many houses its
over crowded. There are four families in her house which is on the corner.
Mr. Mario Belanich of 153 No. Washington St. asked if any parking spaces will be taken
away. Mr. Barstow stated no. Mr. Molina has three cars parked in the garage
This house originally was a three family house years ago. In 1992 Mr. Molina wanted to
put an addition on but it was turned down. Mr. Belanich was in the house before the
1960's and then it was a three family home.
Mr. Margotta stated that now it is a legal eight family home, he wiil also look it up in his
records and let the Village Attorney know.
Mr. Belanich also wanted to know why the size of the addition is not included in the
notice. It was stated that this is not a requirement.
Mr. Ugo Checchi of 51 College Ave. stated that he was the Plumbing Inspector for the
previous owner. When Mr. Checchi was in the home it was a 3-4 family. He stated that
his garages were not used for parking they are used for car repairs. Mr. Checchi feels he
should not have permission to have more additions. Also this property used to be a college
dormitory for the girls back in the 1940's.
Mrs. Washburn stated that her main concern is the density. There is parking on the plans
that do not exist. It should have the required lines and the works of a parking lot. The
property is also lower than the other properties in the area she does not want water
problems to arise.
Mr. Jiminez made a motion to close the public hearing, seconded by Mr. Lomoscolo.
Motion carried unanimously.
Mr. Barstow asked if an extension could be granted.
Unanimously the Zoning Board agreed to extend the hearing until the October meeting.

3

�£
^

IN THE MATTER OF EDUARDO VERA, NORTH TARRYTOWN, NEW YORK
10591
Mr. Ron Turnquist stated that he is the architect for the applicant. The addition comes to
the rear, the basement is another room. Levels two and three there is a kitchen and
bathroom additions. The proposed stairwell is between the basement and thefirstfloor.
The living room and dining room setback requirement are being met.
Mr. Anello asked if there was parking. Mr. Turnquist stated that it is a two family and
there are two spaces
The work would be done on thefrontof the building thefrontdoor would be relocated to
the porch. The tax rolls show the home as being two family and only one family is living
there. The applicant is anxious to create this extension. The permitted use is two family
and there is a certificate of occupancy for a two family home.
The addition meets the present requirement. Three feet six inches on the one side.
Mr. Anello asked if parking was paved. Mr. Turnquist stated yes.
Mr. Anellos stated that the board was ready for public comments. Being no public
comment Mr. Jiminez made a motion to close the public hearing. It was the consensus of

•

the board to close the hearing.
Mr. Jiminez made a motion to approve this application because all the requirements are
being complied with.
DISCUSSION
Mr. Turnquist stated that there is a garage stucco finish.
Lomoscolo stated that the house seems to be in an area of two family homes and feels this
application should be granted. This type of application should be granted.
Mr. Jiminez made a motion to approve the application, seconded by Mr. Lomoscolo.
Motion carried unanimously.

t

�m THE MATTER OF RAMON MISLE 75 COLLEGE AVENUE, NORTH
TARRYTOWN, NEW YORK
Mr. Turnquist, the Architect stated that he was here for two variances, one is for an
addition to the existing residence and for a new garage. Side and rear yard variances are
needed.
The setback requirements are identical to the proposed addition. The existing foundation
is adequate to construct a room.
The applicant would also like a deck that would be in compliance with the Zoning Code.
He is requesting the same type of variance, because it is non-conforming.
The present status of the back area is a large parking lot, which belongs to the old
Tarrytown Daily News. The garage would protect the cars and would also prevent people
from parking on the owners lot. There is a n easement on the property.
The Tarrytown Daily News lot have large equipment in the yard. The applicant would like
something to protect the property and have a demarcation between the two properties.
Mr. Turnquist showed pictures to the Board. The requirements are the same for a C-2
zone.
Mr. Lomoscolo made a motion to close the public hearing, seconded by Mr. Jiminez.
Motion carried unanimously.
DISCUSSION
Mr. Jiminez stated that he sees no problem with the application because it meets all of the
requirements.
Ms. Moiron stated that she did not see a problem with the application.
Mr. Lomoscolo stated that a garage on the property doesn't appear to be pushing into
someone else's back yard. Sincere there are commercial vehicles in the back yard a garage
would also serve as a buffer.
Mr. Anello stated that this is in a commercial zone, not residential. This will not increase
or decrease the density and parking is adequate. This looks like it will not be out of
character.

5

�Mr. Jiminez made a motion to grant the variance for the garage and the addition, seconded
by Mr. Lomoscolo.

•

Being no further business the meeting was adjourned.
Respectfully submitted,

^M^S^LL^^r^
Christine A. ZambrancT
Recording Secretary

•

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                    <text>A regular meeting of the Zoning Board of Appeals was held on Wednesday, October 16, 1996 at
8:00 PM in Village Hall 28 Beekman Avenue, North Tarrytown, New York 10591
Members Present: Robert Anello, Chairman
Gary McLean
Linda Moiron
John Morabito
Absent: Angelo Lomoscolo
Miguel Jiminez
James Timmings, III
Also Present: James Margotta, Building Inspector
Emanuel Lobato, Esq.
IN THE MATTER OF 227 KELBOURNE AVENUE, NORTH TARRYTOWN, NEW YORK
10591
Proof of return receipt was submitted to the Building Inspector.
Mr. Barstow is the architect for the applicant. This project is a relocation of an existing garage.
He has reviewed the Zoning code and wanted to bring to the attention of the Board that a part of
the Zoning code allows the side yard. He agrees that the applicant needs a variance. Section 62 13 Paragraph C discusses accessory use or uses, discussion ensued. Mr. Anello stated that a
variance cannot be given if there is more than 30%. A rear yard is more than 3 0ft.,25 ft rear yard
is required.
An accessory use may occupy no more than 30% of the area of a required rear yard.
A required rear yard is 25 ft. It must be at least 25ft deep. The rear yard is 75 x 25. The
accessory building should not be more than 30%. This does not appear to be larger. Mr. Barstow
stated that its under 30% that is why he though it would not be in violation.
There are still side yard problems. In the Manors, 25 feet for a garage is an incredible piece of
property, a lot are in violation. Mr. Anello stated that new construction does not have problems
with the 25 ft. requirement. Discussion ensued.
At the point during the meeting the Zoning board will now discuss the variance.
The Zoning Board would need to know the benefits, hardship and other eliminates. Mr. Barstow
stated that for an area variance there is no requirement for hardship.
Mr. Anello stated that to have an area variance the applicant must consider the benefit and welfare
of the community.
The garage is 25ft in front of property line. Anything behind a garage is usually not maintained

�or usable. The applicant is trying to stay in keeping with rest of garages in the Manor by
keeping with neighboring surroundings and adjourning properties by creating something that fits
the area.
•

The architect stated that he would be happy to conform with the side yard, this is not a problem.
He would make it five feet if he had some kind of lead way on the rear yard changing it from 25
to 8 ft. He would need a 17ft variance.
The benefit would be that as a result the size of the back yard would have to be reduced. There is
no undesirable change because it is similar to the other houses in the area. The back yard is larger,
17 feet in some cases is substantial. Mr. Barstow stated that this is self created and that he had
also filled out an environmental impact statement.
A motion was made to open the public hearing, seconded by Gary Mclean.
Being no comment Mr. Morabito made a motion to close the public comments seconded by Mr.
McLean.
DISCUSSION
Mr. Morabito stated that the garage is located very close to the door in the back yard. They
always had a side yard. If we insisted that there be 25ft there is no sense in taking the garage
down and putting one up. Mr. Anello stated that the Board of Trustees decided that it should be
25ft because people do not want garages in their rear yard.

t

Mr. Anello stated that no one who would be concerned is here tonight. If there was a complaint
there would be a valid reason for discussion.
Mr. McLean asked why would you have an existing structure rather than have the whole back
yard space. If it was attached closer to the house the garage would fit perfectly and the applicant
would have the whole back yard space. Mr. Barstow stated that there is a sun room also attached
to the back of the home. The idea is to have a straight driveway.
Mr. Margotta stated that Section 62-13 discusses accessory use in a residential area, the location
of the side yard, the rear yard should be looked into. Everything discussed tonight is correct.
There is a provision of many things.
Ms. Moiron is concerned about yard space. Mr. Barsow stated that the garage is about the same
size. There is no major increase its 22 x 22, a standard two car garage which is accessible for this
house.
Discussion ensued.
Mr. Anello made a motion to grant the requested variance from the rear yard lot line. The
applicant there is ft. from the side yard and that it is understood that the applicant would have to
go before the Architectural Review Board which is required and that when demolition the existing
structure occurs the applicant goes the Village code regarding demolition., seconded by Mr.
McLean. Motion carried unanimously.

•

�Mr. Mclean made a motion pursuant to SEQRA to declare this a Type II Action which will have
no adverse impact on the environment, seconded by Mr. Morabito, motion carried unanimously.
IN THE MATTER OF 28 MERLIN AVENUE, NORTH TARRYTOWN, NEW YORK 10591
Mr. Joseph Trotti stated the he needed a side yard variance for a new garage and foundation. The
variance was three standing. If it was not for the snow storm it would still be three standing. It
needs a four inch variance. The garage will be the existing dimensions. The rear is 20ft and we
have 25ft. The applicant is asking for 8ft, and 1 inch on the rear yard, which was an existing car
port. The applicant would like to replace it with a garage and foundation. This is not self created
it is due to the snow storm last winter.
Mr. Margotta stated that he lives on Merlin Avenue and that he has no objection to this request
Mr. Morabito made a motion that the public hearing be closed, seconded by Mr. McLean.
Mr. Anello stated that it fits well in the area and it is due to a hardship.
Mr. Mclean made a motion pursuant to SEQRA to declare this a Type II Action which will have
no material adverse impact on the environment, seconded by Mr. Morabito. Motion carried
unanimously.
Mr. Morabito made a motion the request for the variance required be granted, seconded by Mr.
Mclean, motion carried unanimously.

IN THE MATTER COLLEGE AVENUE, NORTH TARRYTOWN NEW YORK
CONTINUATION
Mr. Barstow the architect stated that he is back tonight, and he has submitted additional
information including some floor plans of the building, bank account records, etc. The parking
that was submitted on the original submission was incorrect based on one parking space and XA
per apartment, it actually worked well in favor of the applicant. The required number of parking
spaces is 15. They have 8 existing and can provide 14 the applicant is only short 1 space. Mr.
Barstow wanted to clarify this information.
Mr. Barstow stated that the members of the board have other documents. The first floor addition
would fit the open space (cavity) where there would be a kitchen in Apt. 3. In the stigmatic plan
the space would be used as a kitchen extended into a dining room.
Essentially the board had requested more information and a layout of all the apartments which
were given to Mr. Margotta. Also Mr. Margotta sent Mr. Anello and Janet Gandolfo the minutes
of the previous meeting which was grandfathered in the minutes of December 19* 1990 that this
house is an eight family home. Mr. Anello stated that there was discussion of and eight family
dwelling and whether or not it should be grand fathered under the provision of a grand fathered
use. The building inspector was asked to make an inspection of violations of the premises. This

�v all occurred at the above meetings. A record of inspection and paper work corrected that it is an
eight family home.
Mr. Morabito stated that the applicant is justfillingin space by putting in a kitchen and making
the other room a dining area this would add about 400 sq. ft.
Mr. McLean made a motion to open the public comment section seconded by Mr. Morabito,
Motion carried unanimously.
Residents who live on the second and third floors stated that they did not mind and were in a
favor of the addition.
Mr. Morabito made a motion to close the public hearing seconded by Mr. McLean. Motion
carried unanimously.
Mr. Anello stated that it doesn't satisfy the grounds to the area variance. There are already eight
apartments and this is self created, this would be making an overcrowded building larger. At the
last meeting there were complaints from residents mentioning that who is to monitor this situation
if it is turned into a bedroom. Discussion ensued.
Mr. Morabito stated that this is not an addition or another apartment its one room. There will be
kitchen facilities and the kitchen will become a dining room. There are 14 out of 15 parking
spaces.
Mr. Anello stated that the applicant does not have conforming parking spaces, front yard parking
does not count and there are 4 to 5 spaces there. Discussion ensued.
Mr. Margotta stated that as Building Inspector he has found in different situations that a variance
was just passed for a garage how does the board know that an applicant is or is not allow a
person to sleep in these areas.
Ms. Moiron stated that there isn't even a sink there, it could hardly be a bedroom. She is still
concerned and not sure about the parking situation.
Mr. Morabito stated that there is more parking on the side than there is in the front.
The space is 12 x 14. Mr. Anello asked the architect to show him where the rooms are. Conditions
can be put on the parking. And if there is a need for a retaining wall. Mr. Barstow stated that
there is a wall their now which he believes is part of the church.
There is a retaining wall that might be in need of repair, it should be fixed if the grade has to be
changed to accommodate it.
Discussion ensued on parking spaces and number of bedrooms.
Mr. Mclean made a motion pursuant to SEQRA to declare this a Type II Action which will have
no adverse impact on the environment, seconded by Mr. Morabita

�4

A
^

, Mr. Anello made a motion to grant the variance with the following conditions before a certificate
of occupancy can be obtained:
1. 14 parking spaces must be maintained as setforth in plans and according to Chapter
62-14 of the Zoning code regarding parking/loading requirements.
2. The issuance of a certificate of occupancy shall not be issued and stated requirements are met.
The apartment may contain no more than three bedrooms..
3. That any appropriate retaining wall be provided.
With these conditions the variance will be granted, seconded by Mr. Morabito. Motion
carried unanimously.
Mr. Mclean made a motion to approve the August 1996 minutes as written seconded by Mr.
Morabito, motion carried.
Mr. Morabito made a motion to approve the May 1996 minutes as written, seconded by
Mr.McLean, motion carried.
Mr. Anello made a motion to approve the July 1996 minutes as written, seconded by Mr.
McLean.
Being no further business the meeting was adjourned.
Respectfully submitted,

^

Christine A. Zambrano IS
Recording Secretary
•

•

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                    <text>18 November 1996

Zoning Board of Appeals
James Margotta

There will be no Zoning Board of Appeals' meeting
for the month of November.

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