https://sleepyhollow.localarchives.org/files/original/d67e1a7dd389e084be36ef8cfa35295d.pdf 0607a15b0cfd2981693ff059b70b7619 PDF Text Text ?{> North Tarrytown, New York April 10, 1973 * A special hearing was held before the Zoning Board of Appeals of the Village of North Tarrytown, New York on the above date. Present: James Friere, Chairman Peter Esteban James Margotta John Arcate Leonard Losier, Bldg. Inspector Applicant: Maryann Gasko Absent: David Page Chairman Friere called the hearing to order at 8 p.m. Counsel Chessari read the notice of hearing, after which Chairman Friere asked if there was anyone present who would like to comment on the hearing. • • * Mr. Arthur Freed, Traffic Engineer Department of Public Works, stated that a permit was issued by the County to Mr. Gasko subject to the following conditions: 1. Turn-around on property; 2. Grading to property line; 3. Continuation of road profile from edge of pavement to the property line; 4. Width not to exceed 20r - 0"; 5. Start of driveway not to be less than 51 0" from transverse property line. Mr. Freed stated that he has not received anything from the applicant. Mr. Peter Eschweiler, Commissioner, Department of Planningj produced photos of other homes in Thornwood;whose situation is the same as Gasko's. In an inspection of the property, said Mr. Eschweiler, there was nothing in the physical nature of this insight which would have prevented him to install a turn-around. I * ' Mr. Robert Segelbaum, attorney for the applicant, stated that there were no other driveways on this section of the County road with turn-arounds on their property. He stated that his clients advised him that there �-2- April 10, 1973' has been a representative from the Department inspecting the work and they have not heard anything from the Department that they have not been complying. The requirement would be an undue necessary requirement on his client, said Mr. Segelbaum. He stated that his client cannot comply w'i'th this requirement because of the topography and rock on the property which necessitated the location of the house where it was built. Mr. Eschweiler stated that there is a feasible way of developing the turn-around without an amount of disturbance to the property. It is still feasible to comply with the requirement. Mr. Gasko stated that if his funds were unlimited as is the County's then he would be able to do it. He has complied with most of the conditions, he said. He stated that the gravel on the driveway was placed there to keep the mud down. The turn-around has caused this delay, he said. Mr. Gasko stated that the County inspector was there at least once, a week and is well aware of what was done on the property. Mr. Margotta inquired of Mr. Freed as to how does he account for other houses on the road with no turn-around, and was answered that the law went into effect in 1958 but was enforced in 1962 or 1963. On a question by John Arcate if a turn-around was in existence, as to whether or not it would be a traffic violation to back out, he was answered yes by Mr. Freed. Mr. Segelbaum stated that he hoped the board would modify the requirement. Mr. Freed stated that if this is so, we would have to transfer the County's problem to the Village if this is the feeling of this board. Following a discussion, John Arcate moved, seconded by James Margotta that since it would be no undue hardship, we reserve decision at this time. At this time, a Mr. Seligsohn, attorney for Mr. and Mrs. Walter Ashley, asked for permission to speak to the zoning board. He stated that he understands that surrounding neighbors'had made an appeal to the zoning board for a hearing from the issuance of a building permit to his clients. , Mr. Seligsohn stated that he is requesting dismissal of the appeal on the grounds that the appeal is untimely as;a matter of law and may not be entertained. He stated that the building permit was;issued by the Building Inspector on November 28, 1972 and notice of appeal was filed April 4, 1973, more than four months after the issuance of the building permit. �-3- April 10, 1973 Mr. Seligsohn stated that the appellants knew exactly what was coming up. The Sleepy Hollow Manor Taxpayers Association approved the plans on November 15, 1972, he said. Mr. Seligsohn stated that he had advised Mr. Maroney that he was going to appear this evening and he had personnaly served a copy on each and everyone of the appellants of the notice of application. He stated that once a building permit is issued it has a vested right and cannot be taken away. It is absolutely beyond challenge, he said. In summarizing, Mr. Seligsohn stated that there is no merit to this appeal. There is nothing to support that the Building Inspector made an error. He stated that the board should dismiss this appeal and advise these people that it cannot be entertained because it is untimely. Mr. Friere stated that Mr. Maroney had called him stating that they were not given enough time and he had agreed over the telephone that the board could meet some time next week to hear their complaint. This was only an informal meeting, said Mr. Friere. Counsel Chessari stated that the appellants were served with a notice that this would be on the agenda this evening. Mr. Arcate stated that a phone call would not be a way of getting a postponement. Following a discussion, the board recessed. Mr. Peter Estebanfmoved, ^seconded5by/James Margotta that the appeal of Mr. & Mrs.; Johri'H. Millar, Mr. & Mrs. Thomas M.Maroney,arid Mr. & Mrs. Donald Garcia from the issuance^of a building permit at 23 Pokahoe Drive,(North Tarrytown,jN. Y. known and designated on Village assessment map as Section 11, Block lLyLot 5, be denied on grounds of insufficient merit and that, because of unreasonable delay, it is untimely and the Clerk is directed to notify all interested parties, forthwith. Carried. There being no further business to come before the meeting, James Margotta moved, seconded by Peter Esteban that the same be duly adjourned. Carried. Respectfully submitted, Filomena Fallacaro Clerk � 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_1973-04-10 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