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                  <text>NORTH TARRYTOWN, NEW YORK
July 31, 1973

9jY

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
John Arcate
James Margotta
Peter Esteban
Sante J. Chessari, Counsel
Leonard Losier, Building Inspector

Absent

Thomas Connelly

Chairman Friere called the hearings to order at 8:00 P.M.
Clerk Fallacaro read the first notice of hearing to consider
the request of Frank Chevrolet for relief on appeal from a decision
of the Building Inspector in denying a permit on applicant's proposal
to erect and install a free standing ground sign to be set back ten ft.
from the front property line and a projecting wall sign sixteen feet
and for a ground sign known and designated on the Village tax map as
Section 16, Block 17, Lot 31.
Chairman Friere asked Mr. Frontero, Counsel for Frank Chevrolet,
how many square feet of sign he has at present, and was answered
approximately 70 *sq. ft., plus 15 sq. ft. for the used car sign. He
stated that the signs presently on the premises will be removed if
the request is granted. The new signs being requested"are to
conform to General Motors pattern" identification, said Mr. Frontero.
He also stated that neither sign will project in any way over the
public way.
Mr. Margotta inquired how many additional square feet of sign
is being requested*.
Mr. Frontero answered 100 sq. feet.' v W ~ / t ^ ^ / ^ ^ i - / ^ ^ * w - ^ ^ " ^ c /
In answer to Mr. Margotta's question as to how many square feet "^"'
of sign is allowed, he was answered 100 sq. ft.
Mr. Galella stated that the adjoining property owner,;Mrs.
Victoria DiVico has no objection. The lights will not be bright or
disturb her, he said.
Mr. Frontero added that there will be no flashing or moving
devices.
An affidavit was submitted containing signatures of surrounding
property owners•
No further comments, Mr. Margotta moved, seconded by Mr. Esteban
that the hearing be closed. Carried.
Mr. Friere stated that the applicant will be notified in writing
the Board's decision.

�Clerk Fallacaro read the notice of hearing to consider the
request of Daniel Matarasso for relief on appeal from a decision of
the building inspector in denying a permit on applicant's proposal
to"extend and rebuild existing porch and for a variance of 6 ft.
from the provisions of Section 62-8B-R-2A-7 of the Zoning Ordinance
requirement that there be 15 feet total side yard clearance on
property known on the tax assessment map as Section 11, Block 10,
Lot 16A.
Mr. Losier stated that the existing porch is non-conforming under
the present code as it stands. To enlarge it, they would need an
additional three feet, he said. The plot plan we are looking at
this evening is not accurate.
Mr, A. Nicolai, owner of the adjacent property to Mr. Matarasso,
read a statement whereby he opposed the requested variance of six feet.
He stated in his statement that he would be willing to let him install
a side porch, four feet wide.
Mr. Matarasso stated that the porch is"rotting and in danger of
collapse. He stated that he had originally planned on a seven ft.
wide porch and was wondering if he could compromise for an additional
foot; however, Mr. Nicolai stated that -. four ;ft. is enough for an
entrance.
Mr. Friere asked Mr. Matarasso to submit a detailed map of the
property outlining the proposed porch in question.
Mr. Arcate stated that it has been a practice to obtain a letter
from the Sleepy Hollow Manor Taxpayers Association that it has
knowledge of this application.
No further comments, Mr. Esteban moved, seconded by Mr. Margotta
that the hearing be closed. Carried.
Clerk Fallacaro read the notice of hearing to consider"the
request of Felix Corona for relief on appeal from a decision of the
building inspector in denying a permit on applicant's proposal to
erect a front porch and for a variance permitting fifteen feet front
yard clearance, instead of twenty feet front yard clearance and
permitting a variance eliminating minimum five feet one side clearance
as required by Section 62-8B-R5, paragraphs 5 8 7 on property known
and designated on the tax assessement map as Section 16, Block 9, Lot 7.
When questioned about his affidavit of signatures, Mr. Corona
stated that his attorney was in receipt of it.
Mr. Friere instructed Mr. Corona to submit this affidavit to
the Clerk as soon as possible.
Mr. Antonio Carrozzi, owner of 124 Depeyster. St., stated that
he opposed the variance because he alleges that the.porch will be
an encroachment of six inches on his property and that it would
block out the light to his basement window.

�Mr, Margotta stated that we could not grant a variance which
would allow an encroachment on his property.
No other comments, Mr. Arcate moved, seconded by Mr. Esteban
that the hearing be closed. Carried.
Mr. Friere stated that the applicant will be notified of the
Board's decision by mail.
Clerk Fallacaro read the notice of hearing to consider the
request of Augustin Triono for relief on appeal from a decision of
the building inspector in denying a permit to install a third
aparatment in the basement of the existing building on property
known as Section 15, Block 10, Lot 13 and for a variance from the
provisions of Section 62-8B, subsections R-4, paragraphs 7 8 9
requirements on grounds that it is non-conforming as to front and
west side yard clearances and on on-site parking area.
Mr. Friere asked if there was anyone present who would like to
address the Board on this request for a variance.
Mr. Ralph Bettman, appearing in behalf of Mr. Triono, stated
that the property is zoned to permit three family residence and
the property, at one time, was used as a three family residence.
The use should not be in question. He stated that there is a use
variance and area variance. This is not a use variance, therefore,
use should not be in question. A three family use .was permitted.
He stated that the west side setback is non-conforming. The front
setback appears to be average permitting use of fifteen feet, which
he has. He is not decreasing the non-conformity.
Mr. Bettman stated that the zoning ordinance is not being
violated as to use or area. Non-conforming use or building may not
be structurally altered during its life, unless such building is
changed to a conforming use. Variance in effect is not necessary,
said Mr. Bettman.
Mr. Bettman submitted an affidavit containing signatures of
surrounding property owners.
Mr. Friere questioned Mr, Bettman about the parking of cars
and Mr. Bettman stated that he will put in parking units.
Mr. Margotta stated that the cars will have to be a certain
distance from the house.
Mr, Bettman stated that he can put in three parking units,
however, he would need a variance of .6.
No further comments, Mr, Esteban moved, seconded by Mr. Margotta
that the hearing be closed. Carried,
Mr. Friere stated that the applicant will be notified of the
Boardfs decision by mail.

�-HEXECUTIVE SESSION
The Board discussed the requested variances in detail and
noted the following decisions:
Mr. Arcate moved, seconded by Mr. Margotta that Frank Chevrolet's
request for a variance from the Zoning Ordinance be denied on the
basis of excessive area of the signs. Carried.
Mr. Margotta moved, seconded by Mr. Esteban that Mr. Corona's
request for a variance permitting him to erect an open front porch
and to vary from the five ft. side yard requirement and front yard
requirement be granted. Carried.
Mr. Esteban moved, seconded by Mr, Margotta that Mr. A. Triono
be granted a variance from the provisions of the Zoning Ordinance
to vary from the required 3.6 on site parking area to 3.0 and that
he also be required to blacktop the turn-around and parking area.
Carried.
Mr. Matarasso's request was held in abeyance until such time
as he submit's a1 detailed plan, a letter.from the Sleepy Hollow
Manor Taxpayers Association and an:affidavit certifying that the
surrounding property owners were notified of his request for a
variance.
With regard to the recent hearing held on June 14, 1973 on-a
request from C.A. Valieris, Inc. for a variance from the provisions
of Section 62-8B-R-5 on:Section 16^ Block 8, Lot 10 for off-site
parking and after discussion,% Mr. Arcate moved, seconded by Mr,
Margotta, that the C.A. Valieris, Inc. be -gcanted a variance from
the provisions of Section 62-8B-R-5 for off-site parking upon
satisfaction from the owner, not before, that a deed restriction
has been duly filed in the County Clerk's Office which will provide
that the two lots cannot be sold separately so long as the building
continues as a multiple family use.
Carried.
(Mr. Cavalieri owns the adjacent lot also.)
No further business, Mr. Esteban moved, seconded by Mr. Margotta
that the same be duly adjourned.
Carried.
Respectfully submitted,

Filomena Fallacarb
Clerk

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