https://sleepyhollow.localarchives.org/files/original/b2bca6ff373642904b65205109efa020.pdf 13b84bd60ee169f37a43014000e057bf PDF Text Text 90? NORTH TARRYTOWN,'N.Y• April 5, 1973 to " A special meeting vzas held before the Zoning Board of Appeals of the Village of North Tarrytown, N.Y, Present James Friere, Chairman James Margotta Peter Esteban John Arcate Absent David Page Mr. Friere stated that the purpose of the meeting vzas to make a decision on the request of Philipseburg Manor Estates which is pending from the hearing held on March 13, 1973. Following a discussion, Peter Esteban moved, seconded by James Margotta that Philipseburg Manor Estates' request for two separate purchasers and two separate certificates of occupancy on a two family house known and designated oh Village map of North Tarrytown as Section 17, Block 1, Lot 1A3 be denied. Carried Unanimously. • Respectfully submitted, Peter Esteban Acting Clerk • ^:is.-i^^UR*-^?J4^ �6 April 1973 Mr. Joseph LoCurto Philipseburg Manor Est. 29 Chestnut Ridgeway Dobb8 Ferry, N.Y. Dear Mr# LoCurto: At a special Meeting of the Zoning Board of Appeals held on April 5, 19739'.-Peter Esteban moved, seconded by James Margotta that Philipseburg Manor Estates' request for two separate purchasers and two separate certificates of occupancy on a two family house known and designated on Village map of North Tarrytown as Section 17, Block 1, Lot 1A3 be denied. Carried Unanimously* Sincerely, Filomena Fallacaro Clerk �DECISION ON APPLICATION OF • • - PHILIPSBURG MANOR ESTATES, INC. Applicant has requested an interpretation of the Zoning Ordinance from the Zoning Board of Appeals as to whether a two-family house in a two-family zone can be sold'to two separate purchasers with two separate Certificates of Occupany being issued by the Village. In his Memorandum of Law in support of the application, which was submitted to this Board at the hearing, applicant requested the following: 1. Permission to build two one-family houses with common wall, instead of one two-family house. 2. Waiving 4,000 square foot requirement for each lot on which these two one-family houses will be built. 3. Waiving three (3) foot side-yard requirement where common wall will be built. 4. Interpretation as to whether or not a two-family house in a two-family zone can be sold as two separate families (sic). At the hearing a qualified real estate broker and appraiser stated that the house presently allowed to be built would have to sell for $85,000.00, ostensibly in order to provide the necessary profit for the builder. He stated that in order to do this and obtain a one-third mortgage, a prospective purchaser would have to put down $25,000 to $28,000 in cash and obtain a $57,000 to $60,000 mortgage. The income of such a purchaser would have to be approximately $22,000 per year and that these financial requirements would be extremely J\a,rd to meet, the result of which would be to cause the applicant an economic hardship. Alternative �ly, two one-family, houses would each sell for about $42,500.00, with the obvious effect of changing the above stated figures and reducing them by one-half. For all of the reasons which will be stated herein, although applicant has proposed a novel use for his property, the application for a variance is denied. Regarding variances, the zoning ordinance §62-40 (c) Variances states that when."extreme narrowness, shallowness or shape of a specific lot,, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition pertaining to such.lot", where strict application of zoning law would cause "peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon," the owner, the Zoning Board of Appeals may grant a variance. (See also "Required find- ings for Variance", p. 6259 Code of North Tarrytown) Applicant's situation has nothing to do with the land itself, but rather with the market value of the house which he set out to build. The statute does not deal with variances for relief of the pressures of the housing market. Fulling v. Palumbo, 21 N.Y. 2d 30 (1967), does not apply to the present fact situtation. Fueling involved a lot area problem, the ordinance being changed to require larger square footage in a valid building lot absent a showing by the government that to build on the lot would adversely affect the public health, safety and welfare of the community, and if no such showing is made, the owner v/ould be entitled to relief from the zoning law upon showing he would "suffer a severe . financial loss by the operation of the statute" (at P. 35) Almost all the cases citing Fulling concern the size of lots and their use by the owners. Here the builder has �already been granted an area variance by the Village to build a ' conforming use, and the foundation has been constructed, Nov; applicant seeks relief so that he can better dispose of his property after he has finished construction. It is not the purpose of zoning and the ZBA granting a variance to insure applicant a market for his house by allowing him to create two lots which will be below the minimum square footage allowed in the R-4 district and to create a non-row, non-two family, non-single family dwelling in an area not zoned for such structure. Concerning the request for an interpretation of the ordinance, this is not a contemplated use which the applicant seeks to erect. The zoning regulations define, in §62-4 (P.6209), an attached dwelling or row house. These dwellings are defined as "A dwelling, the walls on two (2) sides of which are in common with the walls of adjoining dwellings and are party or lotline walls." These are not allowed in the R4 districts. Technically, the structure which applicant wishes to build is not a row house as defined because only one side of one dwelling is attached to the wall of one adjoining dwelling. The Zoning Board of Appeals does not have the power to grant a variance in the present case. -Applicant here has received one area variance on the front and rear yards already. a conforming use on a conforming lot. He started to build Now he seeks a use and another area variance to build a nonconforming use on substandard lots, which use and" lots* he wants to'create' out of an already, conforming use and lot. Technically^ a nonconforming use or lot is one which does not meet present zon^n? staMatfds-, £>ut which was valid under �prior zoning ordinances. The nonconformance arises by the legislative alteration of the zoning ordinances. (§62-4, P. 6212) Under §62-40 and in light of the demands of applicant, and upon reading * * Anderson on Zoning §18.14, §18.15, §18.21, it would not be in the ZBA's power to"grant a use variance. An act of the Village Board would be more proper and lawful. For all of the above stated reasons the application for a variance is denied, and it is the interpretation of this board that the building which applicant proposes to build is a row house, which cannot be built in a two family zone. James Friere, Chairman James Margotta Peter Esteban John Arcate \ !• Dated: North Tarrytown, New York this ^ 6 * day of April, 1973 i ( i. j r it .L._ i i � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1973 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_1973-04-05 Subject The topic of the resource Zoning Board Minutes & Resolutions-1973 Date A point or period of time associated with an event in the lifecycle of the resource 1973 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