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                  <text>NORTH TARRYTOWN, N.Y.
November 18, 1976

f / T"

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
John Arcate
James Margotta
Edward Swaby
David J. Whelan, Counsel
Joseph P. Jelenek, Bldg. Insp.

Absent

Peter Esteban

Chairman Friere called the meeting to order at 8:00 P.M. after
which Clerk Fallacaro read the notice of hearing to consider the request
of the Immaculate Conception Church of 199 North Broadway, for relief on
appeal from a decision of the Building Inspector in{denying a permit on
applicant's proposal to install a parking lot at 20 Depeyster Street and
for a variance from the provisions of Article V, Section 62, subsection
14-B-l and 14-B-2, paragraph 14-D-2 and 14-D-3 of the Zoning Ordinance
requirements as stated on property know//on the Tax Assessment map of the
Village of North Tarrytown as Section 16, Block 15, Lots 3 and 4.
Chairman Friere asked if there was anyone present who would like
to address the Board.
Mrs. Mary Petcoff, 27 College Avenue, stated that on Saturdays,
Sunday and Mondays, College Avenue is congested with cars and urged
that the Immaculate Conception Church be granted the variance., She
stated that all other churches have beautiful parking areas and the
Immaculate Conception Church should have one also.
Mr. Joseph Mulcahy, 15 Depeyster Street, presented a petition
signed by property owners on Depeyster Street stating their objectiori
to the granting of a variance on the grounds that it would depreciate
property values, destroy the residential character of the street and
become a public nuisance.
Mr. Mulcahy inquired if the variance is granted, what recourse do
the people have.
Counsel Whelan stated-that they would have to bring Article 78
proceedings which under the Civil Practice ,,Law and Rules permits
one to question the discretion of the administrative body.
Mr. Margotta questioned Mr. Mulcahy if he or any other person who
signed the petition reviewed the plans which Mr. Bono presented.

�-2Mr. Mulcahy answered that he did not and was told by Mr. Margotta
that the plans were available for anyone to review. He stated that he,
(Mr. Margotta) reviewed the plans which include shrubbery and he has
done everything to make the parking lot esthetically beautiful.
Mr. Bono, architect for the Immaculate Conception Church, commented
that in this R5 residential district, churches and accessory parking
are permitted by zoning within one zoning ' lot. Any church, Temple or
Mosque could be built in the midst of this area, within one zoning/lot
in this R5 district, with accessory parking, he said. The opposing
argument that the parking use would adversely affect property values
increase street parking, degrade the character of the area and be
detrimental is therefore unvalid, inconsistent and discriminatory, he
said.
If the church had to:create a parking ;area facing Broadway or at
Depeyster St. corner, said Mr.Bono, besides destroying;any future
master plan, it would deface one of the best,
more feasible, architectural
J
landmark of North Tarry town. The church: and • sudi tor ium with their
Gothic lines, stained glass windows, and local stonework fronting the
landscaped deep yard setting constitute late last century craftsmanship
of historical significance and perennial beauty, said Mr. Bono.
Mr. Bono stated that.''if the Board would grant this variance, the
proposed parking lot would benefit not only the parishioners and
neighbors, but would create a pleasant and orderly area.
Mr. Mulcahy asked members\to visualize a parking lot in front
of their property. He cited other reasons that the lot would be
unpoliced andtlights oh all night. The lot will not improve{the;area
and it will make the neighborhood deteriorate, he said. He stated that
the lot will not do anything for the people as far as the church is
concerned, but will for Bingo.
Mr. Bono stated that most churches are in residential districts
and parking lots are permitted.
Mr. Mulcahy requested that the zoning board turn down the request
of the church.
Mr. Arcate inquired ;if the plans that are being considered this
evening are the same as the plans they saw earlier and Mr. Jelenek
answered that there were no changes in the plans.
No other comments, Johh?Arcate moved, seconded by Edward Swaby
that the hearing be closed. Carried.
EXECUTIVE' SESSION ^ %5 :

\i:r-'\J^i

During the -discussionof^the^proposed variance, it was agreed that
the matter be held in abeyance, andja meetingrbe^scheduled for December 2nd
at 8 P.M. in Village Hall for"a^decision.-/
&gt;

v

, fr.

Respectfully ^submitted, .
'ilomena Fallacaro
Clerk

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