https://sleepyhollow.localarchives.org/files/original/5eba18a280ab248e28850791ccbaf4c9.pdf 9369fb97d09aab2bfee09a5c1fcc65ff PDF Text Text NORTH TARRYTOWN, N.Y. October 25, 1960 1^0 After duly published notice, a public hearing was held by the Zoning Board of Appeals of the Village of North Tarrytown, on the above date. Present James Friere, Chairman Stephen V. Benedict John Kowalski David Page John Scribano, Bldg. Inspector Patrick J. Powers, Jr. Counsel Absent Rutherford B. Stinard Applicant: Mario DiFelice Chairman Friere called the hearing to order at 8:00 P.M. and read the notice of hearing published in the official newspaper of the Village, as follows: "PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of North Tarrytown will hold a public hearing on Tuesday, October 25, 1960, at 8:00 P.M. in the Municipal Building, 28 Beekman Avenue, North Tarrytown, N.Y., to consider the following application for a variance from the provisions of Section 9 (Setback Requirements) of the Zoning Ordinance of the Village of North Tarrytown: THE APPLICATION OF mRIO DIFELICE for such a variance on real property located on Gorey Brook Road in the Village of North Tarrytown, and known and described on the Tax Map of such Village as Section 17, Block 1, Lot 21. All taxpayers, residents and parties in interest are entitled to appear and be heard." Mr. Mario DiFelice, the applicant, stated that the lot on which he proposed to erect a one-family dwelling sloped down sharply at the rear, and that the level area was not deep enough for the proposed dwelling to be kept twenty (20) feet back from the street. He therefore requested that he be permitted to construct his dwelling no less than eight (8) feet from the front property line. �-2In reply to a question from Counsel, the applicant stated that the Glendenning dwelling, which borders his property on the north, was less than eight feet back from the front property line. Chairman Friere then asked if anyone else wished to address the Board on the requested variance. Since no one wished to do so, the Chairman declared the hearing closed. On motion of Mr. Benedict, seconded by Mr. Page, and carried, unanimously, the applicant was granted a variance to construct a one-family dwelling no less than eight (8) feet from the front property line. There being no further business to come before the hearing, Mr. Benedict moved, seconded by Mr. Kowalski, that the same be duly adjourned. Respectfully submitted, Acting Clerk �} 26 Ootobw If #0 ©sat Mfc Dif#lig©s \ / tltand &# advisgd time t\%% liming §©es4 #f Apfwaals of th# Village of E&sfcb Tarryta*m» a|t#¥ 4n# <i«li^fHg!Sti#ii* tarafey CSsiM&k s#tt*i£#3«o&#) ©f tin* Sluing (HrdinaaM s£ tb§ Vlitags e©a§fet*i4£ a cm® ftudly &f*l!l$§ ft© * point wt£M« •!$*& £•#£ e l fcha tftffe&irlf sl49 #f 6#¥f treefe tfetd t * L*£ift£t*4 w i w i f liii <$Meh I© ts*siu£«4 it* oat ¥*€#rde» A m$f Q§ thlt l*£t&r 1«fe#L&gforaard** sour* Jete §©wltiasii*t 8ail6LBg latfttesev ©f fchs Vili^a* *• VIMMI yttt •ball t^fst tar m%\ f&tm% In§§rti3fei€fi9» ¥*ty tr*ly ywnrt* �A. NORTH TARRYTOWN, N.Y. October 25, 1960 ) After duly published notice, a public hearing of the Zoning Board of Appeals was held on the above date. Present James Friere, Chairman Stephen Benedict John Kowalski David Page Patrick J. Powers, Counsel John Scribano, Bldg. Inspector Absent Rutherford Stinard Applicant: Luberger Dist,, Inc. by Walter Luberger Chairman Friere declared the public hearing opened at 8:30 P.M., and read the notice published in the official newspaper of the Village of North Tarrytown, as follows: "PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of North Tarrytown will hold a Public Hearing on Tuesday, October 25th, 1960, at 8:00 P.M., in the Municipal Building, 28 Beekman Avenue, North Tarry town, N.Y., on the following request for a variance from the provisions of Section 4 and Section 7 (a) of the Zoning Ordinance of the Village of North Tarry town: A request of Luberger Distributors, Inc. in whose premises known as Section 15, Block 10, Lot 14 (9 Kendall Avenue) as a turning area and parking area in connection with an existing nonconforming use being exercised on the easterly side of Kendall Avenue. All taxpayers, residents and parties in interest are entitled to appear and be heard at said hearing." Mr. Luberger of the applicant, advised that the property Involved was to be used for a turning and parking area for trucks to avoid congestion on Kendall Avenue in connection with the operation of a warehouse and truck distribution business across the street. He further stated that it was the intention of the applicant to demolish the former McCarthy house, and blacktop the area for the described purpose. Mr. James McDonough, 23 Kendall Avenue, stated that he was / opposed to the application because of the hazards created by trucking on Kendall Avenue, and because of commercialization of a residential area. �-2Mr. Stephen Adamovic, 15 Kendall Avenue, stated that he was opposed to the application because there were so many children on the street; because the trucks were too large, and would block up the street, and because the sidewalks, broken up by Mr. Markantes1 trucks, would be further damaged by the Luberger type of operation. Mrs. Clara Courcy, 13 Kendall Avenue, stated that she was opposed to the application because the trucking was too noisy; the street is not wide enough, and as a reault, they have to run over her sidewalk, breaking it up. She further stated that the trucks were disturbing on Saturday and sometimes Sunday. In reply to a question on this point, Mr. Luberger stated that the applicant's business hours were from 7:30 A.M. to 5 or 6 P.M., Monday through Friday, with no trucking on Saturday or Sunday. Mr. Michael McDonough, 23 Kendall Avenue, stated that he was opposed to the application because of danger to children going to and from St. Teresa's School and Church, in addition to other children on Kendall Avenue. Mr. Luberger stated that his company was not moving to Kendall Avenue because they wanted to, but that the move was necessary due to the anticipated taking of the corporation^ property by the Urban Renewal Project in the Valley Street-Cortlandt Street area. Mrs. E. Constantini, 19 Kendall Avenue, opposed the maintenance of the Luberger business on Kendall Avenue, because it would further commercialize a residential area. Mrs. Constantini further stated that Valley Street was wider, and the business should be kept down there. James McDonough stated that the residents of Kendall Avenue feared a mushrooming effect of business: first the business itsdlf, then the parking lot, and then a possible retail outlet. The question of the Markantes business vs: the Luberger type of business was then raised by Mr. Adamovic. He was advised by Counsel that Mr. Markantes* operational category was the "storage and distribution of a commercial product by motor carrier", and that the Luberger operation was of a similar character and, therefore, a continuation of the non-conforming use*held by Markantes. Counsel further stated that he had advised the Zoning Board that, barring situations unknown to the Board, the Luberger type of business is, in his opinion, a continuation of the previously existing nonconforming use exercised by the Markantes business. Several questions were also raised concerning a possible abandonment of the non-;,. . conforming use c, ..-: by the Markantes Company%.and Counsel stated that, if positive proof of abandonment, as defined by existing statute, were supplied to the Board, the Board would then take action. �-3In response to a question by Counsel, Mr. Adamovic and Messrs. McDonough, stated that they would oppose any form of business being carried on in the former Markantes warehouse, whether orriotsuch business was permitted by law, and regardless of the possibility that the structure was only designed for a commercial use. Read into the record were petitions for and against the variance, with twenty-two (22) names, including the objectors enumerated above, opposing the application, and twenty-one (21) names of area residents in favor of the application. There being no further comments, Chairman Friere declared the public hearing closed, and advised those present that the Board would reach and file their decision in the near future. Respectfully submitted, Patrick J. Powers, Jr. Acting Clerk �ff \ * AFFIDAVIT OF PUBLICATION State of New York I ss Westchester ) THE DAILY NEWS WMtchetter Comity P«bfi*««. CORRECTED i PUBLIC NOTICE VILLAGE; OP NORTH TARRYTOWN To all % Taxpayers, Residents : and Parties In interest: . -: PLEA3B TAKE NOTICE t h a t - t h e Zoning Board of Appeals of the. Village of North Tarrytoirn will hold a Public Hearing: on Tuesday. October 25th, 1960, at. 8:00 P.M., in the Municipal Building, 23 Beekman Avenue, North Tarrytown, N.T., • on the following: request for a variance from the provisions of Section '~Z and Section 7 (a) of the Zoning Ordinance of the Village of North Tarrytown: A • reauest , of Luberger Distributors, Inc. In whose premises known as Section 15, Block 10, Lot 14 (9 Kendall Avenue) a s a turning area and parking area In connection with an existing nonconforming- use being exercised oa the easterly «ide of Kendall Avenue. .-All "taxpayers, residents apd parties in interest are entitled to appear and be heard at said hearing. - . By Order of the Zoning Board of Appeals Dated: October 29, 1950 • -%'' v > 4 Filomena Fallacaro . A"' *. .•'- §, :-"•£; rtHm»€ . Clerk ' M ^ j f r 1 , • ' ' ' • •••.'"'" . . . . . . ^ ^ ^ . l i ^ ^ deposes and says that ; being duly sworn, he is the principal clerk of the Publisher of "The Chester and State of New York, and the notice of which the annexed is a printed copy was published in said newspaper on the following dates of publication: .?.®pt.s....?2k...3S.6o. -i<r I , - . - . M • TV**: Sworn to before me 3fiJS*T«* * Daily News," a daily newspaper published at Tarrytown, County of West' M- tu, IBC Sep.*.. Notary Public, Wcstchctter County 19. ..60 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1960 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1960-10-25 Subject The topic of the resource Zoning Board Minutes & Resolutions-1960 Date A point or period of time associated with an event in the lifecycle of the resource 1960 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text