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                  <text>NORTH TARRYTOWN, N.Y.
March 13, 1973

&lt;?7
°

Two hearings were held before the Zoning Board of Appeals of
the Village of North Tarrytown, N.Y. on the above date.
Present

James Friere, Chairman
Peter Esteban
James Margotta
Morton Linzer
Stephen Bass, Counsel
Leonard Losier, Bldg. Insp.

Absent

David Page

Chairman Friere called the hearing to order at 8:00 P.M. and
read the notice of hearing on the request of Maryann Gasko for
relief on appeal from a decision of the Building Inspector and the
V/estchester County Department of Public V/orks imposing as a special
condition for property having frontage on a County road the requirement
that there be a driveway turn-around, and for a removal of this special
condition pursuant to General Municipal Lav;, Section 239K on property
known and designated on Village map as Section 17, Block 6, Lot 2.
Mr, John Gasko stated that he had begun construction on his
house when he had learned of this stipulation. He stated that no
other home on the street has this turn-around. This turn-around would
take up all his front yard, said Mr. Gasko,
Mr, Gasko stated that he had applied for relief from the County
and was told that they do not have the authority; that it was up to
the local Zoning Board to give this relief, which he is requesting now.
Counsel Bass explained Section
Law and also read a letter from the
March 15, 1972. He stated that the
if it wishes, to remove the special

239K of the General Municipal
Dept. of Public V/orks dated
Zoning Board has the authority,
condition.

Following a short discussion, Mr. Friere informed Mr. Gasko that
a decision will be made within a day or two and he would be notified
of the results.
Mr. Friere read the notice of hearing to5consider the request of
Philipseburgh Manor Estates for an interpretation of the Zoning Ordinance
as to whether a two family house in a two family zone can be sold to
two separate purchasers with two separate ^certificates of occupancy
being issued on property known and designated on Village map as
Section 17, Block 1, Lot 1A3.

�Mr. Roy Letsin, attorney for Philipseburg Manor Estates submitted
a certified copy of notice served to surrounding property owners
affected by the application of Philipseburg Manor.
Counsel inquired if there would be any change in the construction
of the property.
Mr. Letsin stated that the only change was that the builder has
permission to build a two family house.
He stated that one of the
reasons he is asking for this change is that he would have to sell
the presently authorized two family houses at $85,000, however, two
one family houses would sell for about $42,500.
Mr. Letsin stated that it would be easier to find a buyer for a
one family house than it is for a two family house.
Mr. Letsin stated that this is an economic hardship on the
applicant.
Mr. Edward Malone, 44 Dell Street, stated that the applicant
is not asking for a variance; he is asking for a subdivision. He
stated that he does not have the footage for two separate buildings.
This is not a hardship, he said.
Mr. Arthur Cosgrove, Real Estate Broker and certified appraiser
with offices at 16 3 North Broadway, Yonkers, stated that he is wellacquainted \7ith the propert in North Tarrytown and it was his professional
opinion that in order to sell a two-family duplex dwelling of this
type the price would be $85,000. From experience of this type of
building would be extremely difficult to sell and would be an economic
hardship, said Mr. Cosgrove.
Mr. Cosgrove stated that if the houses were sold separately as a
single one-family duplex dwelling, they would sell for approximately
$42,500. This would considerably widen the selling market.
Counsel Bass stated that it must be shown as.the ordinance
applies to the property if the health, welfare and safety would be
adversely affected by two owners.
Mr. Letsin pointed out that the courts have upheld the decisions
of the local boards where an economic hardship exists,
Mrs. Marcia Arcate inquired if this would apply to all duplex
houses"in the Village and thereby permitting to split these houses.
Mr. James Timmings, 119 Rice Avenue, inquired if we are creating
a new problem for the Village. He asked that with two individual
owners, are we asking for a lot of problems here in the.operation of
the Village with people coming forward with problems that two owners
cannot solve between themselves.

�Mrs. Claudio Roguzin agreed with Mr. Malone and objected to
two separate owners.
Following a discussion, Mr. Friere stated that the" Board'will
meet and discuss the matter in detail with the Attorney and will
notify the applicant of their decision.
Respectfully submitted,

Clerk

EXECUTIVE SESSION
A discussion was held regarding the request of Maryann Gasko
"and following discussion, Peter Esteban moved, seconded by James
Margotta that she be granted a variance eliminating the requirement
for a turn-around as required by the Dept. of Standards, County of
Westchester on her property known arid designated on Village map as
Section 17, Block 6, Lot 2.

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