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                  <text>NORTH TARRYTCWN, N.Y. •
June 5, 1978

Ill

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
Morton Linzer
James Margotta
John Arcate
Edward Swaby
Robert J. Ponzini, Counsel
Victor R. Page, Building Inspector

Mr. James Friere, Chairman, called the hearing to order at 8 P.M.
after which Clerk Fallacaro read the notice of hearing to consider.the
request of Mallory Battery Company for relief on appeal from a decision
of the Building Inspector in denying a permit oh applicant's proposal
to install a bulk helium storage vehicle on Mallory Property and for
a variance from the provisions of Chapter 62, Section 13E, 2A, 2B
in a residential zone and for a variance from the provisions of
Chapter 62, Section 13F-1 to erect a ten ft. fence around said vehicle
whereby the Zoning Ordinance requirements that no wall or open or solid
fence in excess of three feet in height shall be erected along the
side and fear yards in;any residential district on property known
and designated on Village Tax Assessment Map as Section 15, Block 3,
Lot 3A.
Clerk Fallacaro read a letter from Mrs. Anne Ennis, 33 Kendall
Avenue, stating that she opposed the-project.
Mr. Margotta inquired of one of .the representatives from Mallory, ;
if gas was accepted and was answered "Yes", that it would be pressurized
Mr. Margotta inquired as;to why the tank^could not be^placed
below ground and was answered that it would be to ho advantage.
Mr. Margotta stated that it would be unsightly and&gt;he was answered
that the 10 ft. fence would be "installed whereby no one would trespass
and it will be facing the parking lot.
Mr. Linzer inquired as toithe size of thevtankiand?was told that
it would be 50,000 cu. ft., 24 ft. long, 7 x 8 otherwise. ..--'"«/•
On a question of Mr. Swaby as to the danger, he was answered
"none". It cannot be ignited. .If it was in an enclosed area, it
could suffocate, said; the representative.
Mr. Margotta stated that his main objection1 would be to have : '•'
the tank there permanently and suggested that it be placed below the
ground.
/
v.:
- •' ; / .
Ah unidentified resident inquired as to what facilities are used
to expedite vapors eminating from it that escape and was answered that
it would be exhausted out into the air.

^» :- yif^"^.^^a^^J^£di^aVife^3 l »^iifa^ia«aiL
r

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�-2An unidentified resident stated that she agreed with Mr. Margotta.
The representative from Mallory answered that they will not be able
to test the tank if a leak occurs. They would then have to dig it
out of the ground.
On a question of Mr. Johnson as to how to store the helium, he
was answered through cylinders. Everyjtime you transfer helium, you
pick up contaminates, said the representative.
Mr. Carmen-Capossela stated that when you increase the supply
of helium, lithium is increased.
An unidentified resident inquired oh what grounds was the variance
being requested arid was ans-weredby the building inspector that the
tank was being located outside the building in a front yard and a ten
ft. fence being requested would be in violation of the code.
Mrs. Alice Santos, Kendall Avenue, stated that she feels the
tank is dangerous to their health. Her family opposes the tank
going up.
Mr. Page stated that there is no space to bury the tank underground .
Chairman Friere inquired of:Mallory's representative if the
variance is not granted, what effect would this have on the company.
Mr. Fehling stated that this question cannot be answered right
now. They are working with delivery of bottles a couple of times
per week and there is a danger of contamination to the product.
Miss Ellen McDonough, Kendall Avenue, stated that her people
have lived on the street for fifty years and first they had problems
with Luberger delivery trucks and now there will be a problem with
Mallory.
Mr. Johnson inquired as to what they were experiencing in
defects and was answered out of 19 bottles, 13 bottles were bad.
Mr. Richard Kelly, 39 Kendall Avenue, stated that he is opposed
to the variance because it will expand and accelerate lithium in the
area. The firemen will have a tough time in putting out a fire should
one occur, he said,
Mr. Arcate inquired if there would be any other alternatives
even though they might require a variance for another use. Is there
some way where we could avoid the cosmetic invasion "of their property,
inquired Mr. Arcate. He suggested an opaque type fence.
Mr. Forster submitted receipts to the effect that surrounding
property owners were notified of the request for a variance.
Chairman:Friere stated that comments were heard and the Board
will make a decision within thirty days.
No further comments, Mr. Linzer moved, seconded by Mr. Margotta,
that the hearing be closed.
Carried.
Ro-apec t ful ly, submit ted,
,

:

...

n omen a r^aiiacaro
_;. 'Clerk
, --. _v. ;-

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