https://sleepyhollow.localarchives.org/files/original/6b3316af4d841ed7c16119975ac5283a.pdf 6b82c874b3e81592244ace4c62089965 PDF Text Text NORTH TARRYTOWN, N.Y. May 1, 1375 4 /Q O A special meeting was held before the Zoning Board of Appeals of the Village of North Tarrytown, N.Y, on the above date. Present James Friere James riargotta John Arcate Peter Esteban Absent Edward Swaby Two letters were received, one from the Executive Secfy., S. Abate, N.Y.S. Parks S Recreation that the Hudson Valley Commission has been reinstated; another letter was received from the Board of Appeals, City of White Plains, for facts pertaining the Appeals Boards in Westchester County. Peter Esteban moved that James Friere be appointed Chairman of the Zoning Board of Appeals, seconded by JohasAraate. c^n Vote was 3 in favor, no one opposing. Carried. James Margotta moved that John Areate be appointed Assistant Chairman, seconded by Peter Esteban, Vote was 3 in favor, no one opposing. Carried. No further business to come before the meeting, the same was duly adjourned. Respectfully submitted, Peter Esteban Acting Clerk �ZONING BOARD OF APPEALS INCORPORATED VILLAGE OF NORTH TARRYTOWN STATE OF NEW YORK — IN THE MATTER OF THE APPLICATION OF KENTUCKY FRIED CHICKEN OF NORTH TARRYTOWN ARTHUR CARROLL JONES, JR., PRESIDENT FOR A BUILDING PERMIT IN A C-l ZONE On or about June 4, 1974, Kentucky Fried Chicken of North Tarrytown filed an application for a building permit to erect a restaurant and retail store of masonry fireproof construction at the northwest corner of Beekman Avenue and Broadway, Village of North Tarrytown, New York. Thereafter and on or about January 31, 1975, following interim Court proceedings, the building inspector of the Village of North Tarrytown issued a building permit to "Kentucky Fried Chicken North Tarrytown, Casey Jones, Pres." for said structure at premises known as 275-279 North Broadway, North Tarrytown. The subject premises are located in a "Highway Commercial", C-l zone under the Schedule of Regulations set forth in Section 62-8B of the Zoning Ordinance of the Village of North Tarrytown. An appeal dated February 12, 1975 was filed pursuant to Chapter 62, Article XI of the *Zoning Ordinance. In accordance with section 62-44 the Board of Appeals caused a Public Notice of Hearing to be published on May .8, 1975 in a local newspaper of general circulation in the Village of North Tarrytown. �-2On May 22, 1975 a public hearing was held on the appeal. We have reviewed all of the proceedings and papers on file relating to the application for the building permit; and having considered the sworn testimony given at the public hearing, we find as follows: (1) The application for Building Permit indicates a structure to be used as a "restaurant"; a portion of the plans and specifications, however, are labeled "Retail Store". By definition a restaurant is a public eating house, and connotes facilities such as chairs, tables or booths , to eat the food on the premises, A retail store is any place where goods or commodities in small quantities or parcels are kept for sale. The "Highway Commercial" (C-l) zone clearly sets forth "stores and shops for retail business" as a permitted principal use. The "General Description" of the C-l zone as set forth in the Schedule of Regulations is retail and wholesale activities related primarily to vehicular traffic and sales and servicing of automobiles. Historically the premises have, since the turn of the century, been used either as a store (ice cream parlor and delicatessen) or as a restaurant until a fire partially destroyed the structure. We find that the proposed use partakes and is a hybrid of both a retail store and a restaurant; that the retail store use is permitted in a C-l zone while the restaurant use is neither specifically permitted nor excluded. (2) That appellants have not demonstrated that either use would cause unsafe conditions by reason of pedestrian or vehicular traffic. The applicant presented evidence as to the flow of traffic and that the proposed use will-not exacerbate the existing condition; and has agreed to extend the island at the intersection of Beekman Avenue -.*..-';?.%-'- ;'•*'•?--"*•::•• A ^ i & k « M v S ^ m M 5 § s i » l �& 3- and Route 9 to prevent illegal turns from Beekman Avenue, (3) That while the organizational appellants failed to give evidence that their composition reflects a position " fairly representative of the community or interests which seeks to protect, and that the decision sought to be reviewed would have an adverse effect on the group represented by the organizations, we take note of proximity of certain individual appellants to the proposed site. Accordingly, the Zoning Board of Appeals affirms the action of the Building Inspector and approves the building permit on condition that the applicant forthwith withdraws any and all seating facilities from the proposed plans on file. In the event that the applicant shall fail to so amend his application within ten (10) days of receipt of this decision, then the building permit will be void effective June 20, 1975, It is the purpose and intent of this decision to prohibit restaurant use in the Highway Commercial District and to permit the applicant to construct a retail store on the subject premises, Dated at North Tarrytown, N,Y, June 16, 1975 •\ f gt-j^j-'Jg^ I r-^ 1 i IMJ ^ w ^ ^ H ^ r S S T - ^ ^ ^ ^ . . ^ * ^ ~ Z; ^--r^Am^-i *&,&&$&. s S f r ^ i ^ S l s l ^ ^ l s ^ l l ^ & * ^ ; V f e ; ? > ^ ^ ^ ;• i S e S y p � 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-1975 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_1975-05-01 Subject The topic of the resource Zoning Board Minutes & Resolutions-1975 Date A point or period of time associated with an event in the lifecycle of the resource 1975 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