https://sleepyhollow.localarchives.org/files/original/43670aa2563cc40784fbf2feb52c5eb5.pdf 858eee5bf342826813357740a0cef4b9 PDF Text Text NORTH TARRYTOWN, N.Y. April 29, 197H A hearing was held before the Zoning Board of Appeals of the Village of North Tarrytown, N.Y. on the above date. Present James Friere, Chairman James Margotta John Arcate Thomas Connelly Sante Chessari, Counsel Leonard Losier, Building Inspector Absent Peter Esteban Chairman Friere called the hearing to order at 8:00 P.M. Counsel Chessari read the notice of hearing to consider the request of Dorothy Fox for relief on appeal from a decision of the Building Inspector of the Village of North Tarrytown in denying a permit on applicants proposal to erect a one room addition at rear of applicant's premises, and for a variance as to size of lot with regard to width and side yard requirements from the provisions of Section 62-8B-R5-5 on property known on the Tax Assessment Map of the Village of North Tarrytown as Section 15, Block 6, Lot 14 and also as and by the street number of 15 Elm Street, North Tarrytown, N.Y. Chairman Friere asked if there was anyone present who would like to address the Board on the proposed request for a variance. Mr. Connelly inquired as to why the building inspector denied her a building permit, Mr. Losier stated that the addition would not meet the size of the lot and side yard requirements. Counsel Chessari stated that any change would require a variance. Miss Fox submitted an affidavit certifying that property owners within a 200 ft. radius were notified of this request for a variance. Following a discussion and review of the plans in connection with this request, Mr. Margotta moved, seconded by Mr. Arcate that a variance be granted to Miss Fox to erect a one room addition at the rear of her premises and for a variance as to size of lot with regard to width and side yard requirements from the provisions of Section 628B-R5-5 on property known on the Tax Assessment map as Section 15, Block 6, Lot 4, and also by the street number of 15 Elm Street. Carried, �Chairman Friere stated that Mr. Esteban made an on-site review of the request and approved of same. No other business to come before the hearing, Mr. Arcate moved, seconded by Mr. Margotta that the hearing be closed and that the Board meet in executive session. Respectfully submitted, AJA&tooA'-* Filomena Fallacaro Clerk EXECUTIVE SESSION A discussion was held between the Building Inspector and members of the Zoning Board regarding a clarification of Section 62-34 of the Zoning Ordinance. With regard to a recent complaint from Mr. Joseph Blascik of run-off water from Mr. Solari!s property above his which has damaged his wall and lawn, Mr. Losier stated that he had made an inspection of the property. In speaking to Mr. Solari, he was told that a dry well has been installed in the rear of the property. The wall was built before he became Building Inspector, said Mr. Losier. There was nothing he could do about it. Counsel stated that he spoke to Mr. Solari who told him that the water is coming down from the leader on the house next door. Mr, Losier stated that in talking with Mr. Biros, this has been a problem for years. The water comes from a pipe on Mr. Beck's property. Mr. Margotta stated that this could be a broken Village pipe. A discussion followed regarding a time limit on complaints regarding walls. Counsel stated that he would check with other municipalities as to their time limits. Mr. Losier was asked if he would check with Mr. Biros to test the water coming on to Mr. Blascik1s property for chlorine which will determine whether or not a Village pipe is causing the water problem. Mr. Losier presented an opinion to the Zoning Board (a copy of which is attached in official minutes) regarding Mr. Goudreau's wall. (Mr. Goudreau was sent a letter by the Zoning Board that he was in violation of Art. 5, Section 62-9B). �-3Mr. Losier stated that he was informed by Mr. Goudreau that the building inspector issued him a building permit and he was not going to do anything about it* Mr. Goudreau also informed him, said Mr. Losier, that if the Zoning Board proceeded further, he would take the Zoning Board and Building Inspector to court. Mr. Losier asked the Board to support him as the Building Inspector or do otherwise. On a question from Mr. Arcate if Mr. Goudreau submitted plans for a wall, Mr. Losier stated that he issued Mr. Goudreau a building permit to erect a house and if it°was necessary to section off his property with a wall, he could do so with the same permit. Other permits have been issued without a wall shown on site plans, said Mr. Losier. were Trustee Arcate stated that they/never challenged. The plans are a useful guide, he said. Mr. Friere stated that the building inspector supervised the building of his wall. Mr. Connelly stated that members of the Board do not know how the wall was built. Mr. Goudreau should, by deposition, show the Board in some way as to" how the wall was built. It should be in writing, notarized and made part of the file, he said* Mr. Margotta stated that the building inspector and Mr. Goudreau should have sworn statements as to how their walls were built. At this time, the Clerk was excused, Mr. Arcate moved, seconded by Mr. Margotta that the Zoning Board recommend to the Board of Trustees that the Zoning Ordinance of North Tarrytown be revised to change Article V, section 62-13 paragraph F-2 to eliminate the words "and except for any necessary retaining wall". The Zoning Board appeals \to the Board of Trustees to promptly take the necessary steps to authorize this revision. The members of the Zoning Board will appear at the hearing to this end and present arguments in support of this action. J. Arcate, J. Margotta, J. Friere and T. Connelly in favor of motion. (Mr. Esteban absent). J. Arcate Temp. Secretary �Man© March 21,'"1974, about 12 O'clock Noon. I received a phone call from Mrs. Iosier to cote and see water run off her property. It was raining very hard - if I heard the radio correctly about 1* of water was coming down. The water on Bedford Bead was not running over on the West side. Vfoter North of North Street was flooding the A empty lots & water gushing out of the storm drains. Water on the fill in Losier yard was flowing down North Street in a good volume. No water going over the wall.From North Street the wall wasiwst, but I did not see any run off on wall as water was running down hill on land. I would say in the middle of the yard near to the Losier house. �I i It i/i alleged that Mr. Goudrcaxi is in violation of Art.5 Section 62-9B which roads as follows:- "Ifo building shall bo erected on any land, and no change shall be made in tho existing contours of any land, including any change in tho couroo^ width or elevation of any natural or other drainage chanuel, in any manner that will obstruct, interf02*0 with or change tho drainage of such land, taking into account land development that may take place in tho vicinityj under the provisions of this ordinance, without providing adequate drainage j in connection therewith"- Tho original slope of thia property was quite atecp* by bringing in fill and levelling his back yard he reduced tho flow of water j by absorption if by nothing else; he has also made provisions for a catch basin which will pipe water to North Street. j i 1 1 It ia nlso aliogod that hie retaining vail io not necessary in excess of five j I feet or p. violation of Article 5 Section 62-13F2 which rends 00 follows:j Except as otherwise provided and except for any necessary retaining wall, no j wall or open or solid fence in excess of "ive-(5) "eet in height shall"be erected along the side yards and rear y-res in any residential district; in rll side yards the five (5) feet HSQpi% XgKoa j ji fence height shall be permitt- j * 1 1 ed but not forward of a-required front yrrd"- To retain the fill the vail is j 1 necessary and based on the premise th-t a property owner is entitled to ren- * sonable enjoyment and use of hia Isnd, the wall is necessary. No water h-?o j been directed onto the Paolantonio property. j I The third allegation relates to the stability .«md safety of the wall. 1 i This j i 1 \ would be a direct violation of Art.l Section 62-2C which states: "Protect i * X Against Hczards. To provide protection against fire, explosion, noxious j i i i - -- - _ * fumes and other hazards'."- It ic ray opinion that the methods employed in ] 1 -• - -. . • •- - i the construction of a wall would rest with the judgement of the building in- j S < 1 spector. I have been acting in such capacity and h^ve issued nurneroua build-S I 1 • * ' ing permits as required under Section 62-3'» Paragraph A, vhich reads *ss follows:- Applications -- "Efich -pplic^tion *or-a building permit shall be -_ submitted in duplicate, occorapanien by such plans, ;*lso in duplicate, «» . - - • ' �shall enable the building inspector to make his determination concerning the proposed structure or use in terms of this ordinance. Such plans shall be drown to scale and shall include r site plan showing the actual dimensions of the lot> the location and size of princippl and rccessory structures, points of access and-egress, drivewrys, parking spaces, loading ^reas and provisions for drlinage„"Mr. Goudreau complied with this section of the code and it was my Judgement at the time thrt he applied for' •*• permit to build his house that he intended to comply with all aspects of our code. When Mr. Goudreau started his wall, I made an on-site inspection and determined the approximate height of the vail when completed. I recommended >thnt he would not build this crib-type --all in excess of six feet with out .a step-back, which is a recommendation of engin- ' ee'rs who design wo lis of this type. I hsve witnessed Mr. Coudreau construct similar walls at a greater height "nd in my estimation this man is a perfectionist and anyone knowing him can attest to this. Because of the proximity of his home to mine, I had the occasion to see thrt the wall was constructed in accordance with good engineering practices. insure proper construction. Pl^ns in themselves do not It rrs not been an uncommon practice in this village when one is constructing his own home to issue one permit, vhich will include construction of the main building and any accessory structures. There are times when I request engineers' or architects' seals as o protection to myself -nd the village. I find nothing in the zoning ordinance of the village of North Tarrytown whichraandajbesthis. I recommend th^t the order Prom the zoning board to Mr. ,Goudrenu o«" M^rch 15, 197^ be reminded. I feel that it would be unjust for eny taxpayer t-tao acted in good f a i & X s ^ £ i - ^ �subjected to proving «n' nlleg* tion thst ir> made gainst him, without substancei. v.. c ^H»sC *-€$/ #/V '*%.^af£^^M^iix^^:-i^-^ji-±--hi •i^J£f3&3J£SSfi3a>?g£sek&t!£i0& � 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-1974 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_1974-04-28 Subject The topic of the resource Zoning Board Minutes & Resolutions-1974 Date A point or period of time associated with an event in the lifecycle of the resource 1974 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