https://sleepyhollow.localarchives.org/files/original/7cd18e4698f138e0e6a5633f99c24435.pdf e08aace6c24f2cb0f5d03e15c5037b4d PDF Text Text Ill NORTH TARRYTOWN, N.Y. April 17, 1978 The Zoning Board of Appeals met on the above date to render a decision in the matter of KFC of North Tarrytown. Present James Friere, Chairman John Arcate Edward Swaby James Margotta Morton Linzer Robert E. Friou, Counsel Victor R. Page, Bldg. Inspector Chairman Friere called the meeting to order at 8:00 P.M. and stated that the purpose of the meeting was to hear the report of KFC which will determine whether or not a hardship exists. Mr. Dave Thorsen presented his income tax return for the period May 1, 1976 - April 30, 1977, as well as a statement of his profit and loss for the period 5/1/77-3/30/78. His accountant was also present to answer questions made by the Board and Counsel. Mr. Fred Poli, Sleepy Hollow Road, inquired as to why should a man be deprived of making a living and cited a case whereby teenagers are gathering in a center whereby the police have been called constantly for disturbances. He stated there are no problems in Mr. Thorsen's store. Mr. Friere stated that he talked to Chief Jandrucko and was told that there have been no traffic problems in the area. At this time, Mr. Friere read a note from Roman Windas, former Building Inspector, regretting that due to a prior commitment, he would not be able to attend the meeting this evening. Mr. Windas stated in his letter that to his knowledge, there were no outstanding items in regard to the construction of the KFC building. He also stated that the Beekman Avenue island was extended west and two curb cuts, instead of a single cut were made on to Beekman Avenue at the Village's request. In reviewing the statment of profit and loss, Mr. Swaby stated that essentially, the store was operating'at a loss. He cited one obj ection that it was not zone; for". retail business . He stated that he has some objection to its becoming a restaurant use, but on the : other hand, the present owner has made it:better looking than it has been. He inquired as to the feeling of the Board to grant the variance on a temporary basis. Mr. Margotta stated that a restaurant on that corner is better than any of the uses for which it is zoned. Counsel Friou stated that if the Board grants an exception, would it be fair to the businessman to give him a two year variance. He will have to re-apply to the Zoning Board. �-2- • Following a lengthy discussion, James Margotta moved that the KFC of North Tarrytown be granted permission to install three seating booths on premises known and designated on the Village Tax Assessment Map as Sect ion 15, Block 14, Lot 15 based upon the following findings: (a) There are special circumstances or conditions applying to the land or building that do not apply generally to land or buildings in the neighborhood: 1. Land is small and odd size. 2. It is located at a five way intersection including Route 9, Beekman Avenue and Route 448. It has been a difficult lot for which to find uses. 3. The present building as improved is a special use building and cannot readily economically be used for other than fast food preparation and sale. 4. There are no other building/lot combinations like this one in the (C-l) neighborhood. The (C-l) neighborhood includes a tire sale outlet, automobile storage and salesrooms (to the north) and apartment houses to the south, gas stations across Broadway to the east. (b) The circumstances or conditions are such that the strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of the land or building. t The requested ordinance would permit the]installation of three (two bench) booths seating 12 to 18 people. This would permit that many persons to eat the product;on the premises. There would be no external change in the building for this purpose. The variance would permit the applicant to realize and estimated 10% increase in"gross sales orver figures shown on profit and loss statement for 5/1/77 through 3/30/78, according to statements of applicant. The applicant expects that such an increase would-give it a breakdown in cash flow and permit economic survival in hope of profitability. (c) The Board sees no other simple means for achieving ;the reasonable use of the land or building as presently constituted. This follows from the special purpose design, lack of adequate size and shape of lot and unique location. (d) The variance as granted is the minimum;variance that will permit the reasonable use of the land or building all as noted above. (e) Such relief .can^be granted without-substantial detriment to the public good and without substantial: mprovementjtto the'intent and : purpose of the Comprehension Land Use'*Plan "and Zoning Ordinance. f i . i V L i i . V.^^,*i:^i-*j*Utiia<»t-«:,vc_-*- .*^*X-r -«-i^4^ay|^*^fcfe^^iE^^ ii*X»."& �Proof of notification of neighbors was filed as required by the ordinance. No objections were received from neighbors although three persons residing over 1/2 mile from site expressed negative opinions. The police chief made a favorable report on use of premises and traffic flow. The Board views this proposed use as favorable to the neighborhood when considered in light of other nearby uses. The Board finds this variance may help keep this building alive as an /economic:unit in the Village and avoid area depreciation decline. CARRIED UNANIMOUSLY. v No further business to come before the meeting, Morton Linzer moved, seconded by James Margotta that the same be duly adjourned. Carried. . •; ' . ; Re sp ec t fully submi11ed, 71—^-^ Filomena Fallacaro Clerk � 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-1978 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_1978-04-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-1978 Date A point or period of time associated with an event in the lifecycle of the resource 1978 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