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                  <text>NORTH TARRYTOWN, N.Y.
December 8, 1975

' "

%

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
Peter Esteban
James Margotta
John Arcate
Edward Swaby
David J. Whelan, Counsel

Chairman Friere called the meeting to order at 8:00 P.M.
Clerk Fallacafo read the notice of hearing to consider the
request of James and Marie Timmings, 119 Rice Avenue, North Tarrytown,
N.Y. , 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 extend their garage four (4) feet and for a variance
from the provisions of Section 62-8B-6 of the Zoning Ordinance of
the Village of North Tarrytown requirements that the maximum lot
coverage required is 357o on property known on the Tax Assessment Map
of the Village of North Tarrytown as Section 17, Block 23, Lots 1 and 2

#

Chairman Friere asked if there was anyone present who would like
to address the Board for or against the variance.
Mrs. Timmings stated that if the variance is granted, there
would still be room in their driveway for another car. She also
stated that her next door neighbors, Mr. &amp; Mrs. John Barr have no
objection to this variance.
Clerk Fallacaro read two letters,,one from; Mr. John Durko,
124 Van Tassel Avenue and the .other. from;Mr. &amp;' Mrs . Carl Napblitario,
122 Van Tassel Avenue, approving the request for the variance.
An affidavit from Mrs. Timmings'was filed certifying to the
effect that property owners within 200 ft. were^notified of this
request for a variance.
;
No further discussion, James Margotta moved, seconded by John
Arcate that the hearing be closed.
Carried.
EXECUTIVE SESSION

•

Following a discussion*of the request for the variance, James
Margotta moved, seconded by Peter, Esteban that Mr. &amp; Mrs. Timmings =
be granted a variance to extend their garage'four (4) feet arid for a
variance from the provisions of Section 62-8B-6 requirements and that
the maximum lot coverage required is 35% on property known bri the
Tax Assessment Map as Section 17, Block 23, Lots 1 and 2.Carried;

�-2A discussion was held regarding the hearing on November 13, 1975
on the appeal of Mr. Jesse Stackhouse, 19 Cedar Street'-* North Tarry town,
N.Y. for relief oh appeal;from a decision of the Building Inspector
in issuing an order to remedy a violation of Section 62-23A and;62-25B
of the Zoning Ordinance directing the appellant to comply;with;the
aforesaid provisions of the Zoning Ordinance in that said*premises"do
not have benefit of continuation of non-conforming use and that the
usej;has been extended in a manner to displace a conforming use on
property known and designated on Village Tax Assessment Map as Section 16,
Block 9, Lot 14.
Following; a discussion, John Arcate moved, seconded by James
Margotta that the .appeal of i the decision of ]• the ^ Building ^Inspector be
denied and this Board uphold f the .order ; of the s Building I Inspector ^ arid
commercial use observed?at this premises is illegal and should not be
allowed arid that this use shall cease arid desist not later, than f/
ninety (90) days from the date of this decision.
Carried Unanimously"
A discussion was held regarding the hearing on^November 13, 1975
to consider the appeal of Stephen Kaleta, 134 Depeyster Street,
North Tarrytown, N.Y. for, relief on appeal from a decision of the
Building Inspector in issuing a,building'permit for the alterations of a
private garage to be used for light repair_work at premises X known as
19 Cedar Street, in violation of the provisions of Article IV,
Section 62-8B, sub-section R-5, paragraph 2-3-4 of the schedule of
regulations describing permitted principal and accessory uses of
property.in an R-5-district, known on Village Tax Assessment Map as
Section 16, Block 9, Lot 14.
Following a discussion, Edward Swaby moved, seconded by Peter
Esteban that the appeal of Mr. Kaleta be dismissed. Carried.
No further business to come before the meeting, the same was
duly adjourned.
Respectfully submitted,

�/

2nd. Hearing
Ilallory Battery
Order of the Zoning Board of Appeals read,
Friere

Asked for identification of speakers for Mallory
Battery and since there are people in the audience
they will be allowed to ask questions and speak
if the y wish to do so.

I-jargotta

would like to know if the company as any master
plan. Y/hat will you be doing six months from
n'ow? V/hat is your square footage now?

Liallory

gave the total square footage of its present
building. They do not have any other future
plans.

Kargotta

describe they type of building you want to erect

Mallory

a cement block building - immediately behind
the loading dock,. entrance outside of building

Page

the building would be in the area of the old
filtering station.

Swaby

what will be stored in thei building?

Mallory

building will house 1,hydraulic pump 2.barrels
3,tank for our scrubbers. Scrubbers have a
holding tank - we need one room for these,

Swaby

is there something of a factory addition here?

liallory

Ko. Hydraulic system is for the existing system

Audience

Is anything explosive going to be stored 3m the
building? Is the building for storage or not?

"".allory

Hydraulic fluid is not explosive, I\To one will
be working htere. The 3r^. room will house
the fluid.

Audience

V/hat about noise? V/e hear noises in the middle
of the night - why?

�J

_2/

I.'-ar^otta

these people in the audience are people living
near your plant and they have come here before
v/ith sane complaints of noise - what are you
going to do about that? These complaints are
just a matter of housekeejjing on your part,

F-allory

There should not be any noise,

•lar^ottj

Your plant is in a residential area. You
have a responsibility to take care of the
compalints made by these peopleliving in the
area.

Audience

when we have complaints conceErnlng the noise
we have phoned the plant, Sometimes the
people there hang up the phone on us-sometimes
they don*t seem to understand what we are
talking about, The blowers go on - sometimes
to 3A.M.

;&lt;Iallory

the machines are to be turned off at 6:30 P.M»
°ome machines are on the other side of the
building where they should not annoy anyone,
°ome equipment must be keut on.

Swaby

we get these applications periodically from
you. Me need some master Jjlan from hou. If
we comtinue to grant one variance after another,
we are upsetting the idea of the Planning Baord,
Every "corporation has some ideas of their
future'planning.

j argotta

could tftis equipment you plan to put into
this new building be put outside?

"a 1 lory

3.rroT, ua
Audience
^.r.Totta

r

yes it could - but this w o u l d m a k e for more
noise.
(to the audience)Would you rather have this
exposed or covered ?
we have no objection to a building - we just
object to the noise.
Lallory should be aware of these compalints
made by the residents of t h i s a r e a . These
compalints are a matter of housekeeping on
rallorys part.

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m*OiZri-lwiii$vri

'»?®*z*££&amp;g&amp;gt&amp;

�-3J.'allory

we will try to curb the noise and we want %he
residents to let us kmow of any violations,

Ceconi

asks Kallory to work with these people (residents
of the area) to v/ork out ansv/ers to their
complaints,

Friere

could machines have some kind of time clocks
put on them?

I'.allory

we will take action on these complaints and
suggestions

L-Iargotta

makes motion to grant variance.
Seconded by Swaby,
Passed by Ceconi.

Q&amp;VJULLCJ*-o; Itfi

fi^ZTL

"f

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