https://sleepyhollow.localarchives.org/files/original/b664291ec166283df3413ae36eb3899b.pdf c66d922a1c77994a143c4e7a6b540b4a PDF Text Text \o\ NORTH TARRYTOWN, N.Y. August 8th, 1974 A public 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 John Arcate James Margotta Peter Esteban Sante J. Chessari, Counsel Leonard Losier, Building Inspector Absent Thomas Connelly Chairman Friere called the hearing to order at 8:00 P.M. Counsel Chessari read the notice of hearing to consider the request of Frank Capozza, 460 Bellwood Avenue, North Tarrytown for relief on appeal from a decision of the Building Inspector in denying a permit on applicant's proposal to erect an addition to applicant's office building to conform with the present structure located at 11 River Street for use as additional office space therein, and for a variance from the provisions of Section 62-8B, subsection M. paragraph 7 requirement that there be a clearance of twenty (20) feet. Said property is known as Section 16, Block 1, Lots 1 and 3-A on the Tax Assessment Map of the Village of North Tarrytown. Charles Reilly representing Frank Capozza stated the variance was necessary to provide space for a billing machine, the size of which i s 4 foot by 8 foot, and also additional filing space, therefore the additional twenty foot front yard space is necessary. Mr. Esteban asked if additional personnel would be required and Mr. Reilly indicated no. Mr. Timmings, Village Fire Commissioner inquired about Frank's Fuel building dikes around the storage tanks,one holding 300,000 gallons of fuel oil and the other 150,000 gallons of fuel oil. He also asked about the storing of fuel trucks on weekends which would prevent the proper fighting of fires and safety. Variance should be denied until he builds the dikes around the storage tanks. Mr. Losier commented that the property is fenced for security purposes. Counsel Chessari stated that if there is a violation of the Fire Code it should be posted. There being no further comments, the public hearing was adjourned. �EXECUTIVE SESSION Following a discussion on Capozza's request Mr« Margotta moved, seconded by Mr, Arcate that Frank Capozza be granted a variance from provisions Section 62-8B subsection M, permitting him to erect an addition to his office building to conform with the present structure located at 11 River Street on Section 16, Block 1, Lots 1 and 3-A. Motion carried. Mr. Losier stated that he wanted the Board to rescind our letter of March 15, 1974"on ordering Mr. Goudreau on violations of retaining wall based on letter submitted by Mr. Losier on April 29, 1974. Mr. Margotta moved seconded by Mr. Arcate that the matter be referred to Mr. Barron, special counsel to the Board. Motion carried. There followed a discussion on a resolution that the Zoning Board of Appeals have no intention of pre-judging the merits of Mr. Losier1s retaining wall in our letter of March 15, 1974 to fix alleged violations connected with the retaining wall. Mr. Arcate moved, seconded by Mr. Margotta that the following resolution be adopted: WHEREAS, on August 5, 1974 Special Counsel to this Board advised that in the matter of Leonard Losier et ano v. Trustees of the Village of North Tarrytown, et al and pursuant to the order of Supreme Court Justice Anthony J. Cerrato the pending issue is "whether or not plaintiffs' action is premature and if not, whether the action of respondent in view of all of the circumstances was arbitrary and capricious", and WHEREAS, Special Counsel further advised that a formal statement of this Board as to the actual status of its deliberations and proceedings would be of substantial assistance in clarifying this issue, and WHEREAS, this Board desires full observance of due process as well as compliance with all codes and ordinances of the Village of North Tarrytown. NOW THEREFORE BE IT RESOLVED that this Board does hereby state that it has made no decision, nor have it's individual members reached any conclusion as to the existence or non-existence of violations on the subject property and that any\ conclusion that might be reached would be in the form of a formal decision after a public hearing held on notice and publication pursuant to the statute and aggrieved parties, as veil as all other parties would be given an opportunity to be heard and all evidence would be considered, UNANIMOUSLY CARRIED. Mr. Connelly, who was absent was reached by telephone and he indicated that he would like to go on record as being in favor of the foregoing resolution. Respectfully submitted, 'Peter Esteban Acting Clerk psic � 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_1974-08-08 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