https://sleepyhollow.localarchives.org/files/original/7ecf54fe432b84c2c00e76f47685d7fd.pdf b2f04f30916a898ceede0a3044250f91 PDF Text Text April 26, 1979 Zoning Board Hearing • Members Present: John Arcate Aldo Ceconi James Margotta Martin Ruane Victor Page - Building Inspector Robert Ponzini - Village Attorney Absent: Edward Swaby Short business meeting - John Arcate was elected permanent Chairman Edward Swaby was elected Vice Chairman Nomination made by James Margotta, seconded by Aldo Ceconi. Arcate: Resolution made to be included into the minutes of the meeting. Resolution attached to minutes. Motion made by.Margotta, seconded by.Ceconi. Robert Ponzini appointed counsel andfthe. Village Clerk to be Secretary (or whoever Village Clerk appoints as secretary in her absence.) Margotta: No member of this Board8 is to take minutes of the meetings. All members of this board, the trustees and the Village Clerk should be made aware of this. Ceconi: Under other business; welcome to Martin Ruane as a new member on the board. Hearings Mr. and Mrs. Robert A. Green to reclassify their property. Public Notice Read Audience: James Galgano: Just what does this hearing entail - a change from R3 to R5? Page: (gave background or history, of the,development of this property) Property, was used as a business as well as a family residence. Because of ill health, Mr. Green;closed the business but neglected to renew his variance. New variance has to be reapplied. Galgano: Was variance granted before? %?•• $ ^iC^^iA-s^^^JM^&Mi^Mi^A'^ki-, i&^ife^ifi^f^sMvfejk^^ �-2Page: Yes, Mr. Green wants to continue the multi-family area which is the three top floors of the Tower Building which had been a residence area. That variance has run out and-how Mr. Green would like to have a variance for five families. George Ellis: Introduced himself as representing the Green family and would answer any questions concerning the request. Arcate: What is the present occupancy of the building? Ellis: Top floor and 4th floor duplex apt,; 3rd floor - small 1 bedroom apt.,; 2nd floor - small 1 bedroom apt.; 1st floor, entrance and hallway, elevator, and a small office. 3 tenants now. Question: Is Mr. Green contemplating selling property if given variance? Ellis: Mr. Green wants to sell the property but has not been successful. He will ask for a sub-division of, the property-which will be % in 3 sections. Maybe these (sections) will again be sub-divided. Application now is for a permanent variance on the Tower Hill building. No construction is planned at the present time. Maximum usage is for apartments in the building. Walter ... t > Ceconi: Has building inspector examined this building for the proper entrances, exits, etc.? Page: The building.complies with all the qualifications for a multifamily building. Walter . ... Ceconi:What about fire;protection - can fire engines get in? What" about sewerage?' Mrs. Melavfcller I live on Maple Street and this past year we have had ••werage_problems. I am afraid a multi-family building would create more serious problems. Arcate: I appreciate your concern but I must remind you thst the only question before this board is whether we should give another variance to Mr. Green. Ellis: (gives more history concerning property). Explains pipe and sewerage 'system for existing buildings. Storm drains do empty into Maple Street. Question: ,; ; W .•--,.,. If this is made a multi-family property - cah other properties in the same vicinity be declared multi-family or 3 family? Arcate: We are only dealing with this one request* has declared an economic hardship. . -. Mr. Green also �3- Ellis: Property has been operating at a loss. Another alternate . is to take down the building and then take it off the tax rolls. All we want is fair treatment so that property can be sold. There are 3..6 :acres if sold these would be made into 3 parcels. Arcate: The only question now before us is that.the variance has expired and should the variance be reissued. Ellis: There have been variances issued on this property before. At one time there was a variance to conduct a business oh the property. Now we are asking for a variance to go with this building - from a one family to a multi-family. Arcate: I must remind you again that the question before the board is whether to issue a variance for that building for multifamily occupancy and for that situation only. Ellis: We would like 4 families in that building. Ruane: I would like to ask a question concerning the two stone buildings on the property next door (Webber Ave.) Are these buildings multi-family? Page: Yes - these were the old housekeepers cottages for the old property, now there are 5 or 6 families living in them. Arcate: Any sub-division would have to have a hearing before the Planning Board. Question: .. . -.; ; / , .*.•*.-; Why hasn't this property been re-classified before this? This has been going on for 4 years and hasn't been caught before this? Mrs. Linguardo: The Green building is unique. be torn down. We need the tax base. Building should not Arcate: We (the Board) are not interested in the sub-division of this property. We are only concerned with the building now. Ellis: We would like four families in this building - one on each floor. Arcate: The objections; seem toj be to/the language -; multi-dwelling. We-are.not changing the zoning. Just the building on 3.6 acres. The building not the land. The variance if granted would continue unless it falls.out of use-continuation of occupancy (if not*used after 12 months)* Variance would pass to new owner. �-H- * Ruane: I would like to ask, if we could make a variance with a time limit? Ellis: We would like to have a permanent variance until building is demolished. Arcate: Asks to have hearing closed. Ruane: So moves. Ellis: We would like a decision as soon as possible or at least in two weeks. Ruane: Makes motion"to grant Mr. Green this variance because we are in a land locked village and we need the tax base, Ceconi: Since these neighbors are in agreement, I would go along with the variance. Motion: Variance granted but the building is never to exceed 4 families. Margotta abstains. Vote passes. RECESS �BUSINESS MEETING Brendel Hearing Page: No hearing. the code. Fence was lowered. Mr. Brendel complied with Mr. William Williams request for a variance. Ceconi: Swaby, Margotta and the Village Attorney, including myself visited Mr. Williams' property one Saturday morning. Mrs. Williams showed us the property. I recommendirhat the building be taken down. Mr. Williams has defied the 2/aw time and again. The building was never given a permit in the first place. Page: There are several building violations such as no fire excapes. Asks Boards backing in having the building taken down. Motion: On appeal of the building inspector the building permit is denied. There is no hardship consistant with the requirements of the code. Motion by Ceconi Seconded by Margotta Passed Solari Property Page: Presented the history of the case. Ceconi: I have researched1 Mr, Solarifs request for his I have examined all.past board hearing minutes to 1975. Mr. Solari brought a 3rd family^into when this property is zoned for two families. his "parking lot" is illegal. Ponzini: A ruling on the height of fence and parking are what we are looking at now. Page: We are concerned with the "parking.lot". There are illegal curb cuts. Solari was told of this meeting tonight but chose not to appear. No variances were given to Mr. Solari to do this work. Motion: Mr. Solari is in violation. is no evidence of hardship. Motion passed. t property. going back the property I also think No variance is granted. There �. .'*« RESOLUTION: Be it Ae6olved by the Zoning BoaAd o^ Appeals, meeting in fcoAinal .SQs$$icn, that Ato.. JameA TAlcne be Aecogntzed and commended £cA hLb dedication and Ae-'ivice to the V.Mage o& Ho'ith ToAAijtortn OA ChaDunan oft thib, BoaAd. }An. tAieAe WOA appointed OJ> membeA and elected ah ChcuUimah tn 1960. He. AeAved continuously in ihij± capacity until Janua/iy u£ this yeaA. Throughout the-*>e ye.au he. WOA Aecogntzed as a judge, committed to \aJjtneAh AMI the. irvteApAetatlon and en^oAcement o£ the. ordinance to the. be.ne.iit o& the. ichole Village.. On behalf o& the Village., toe. expAQAA OUA appAectojtlon. Note.'- This 'resolution i*:a& ibiaiiimoiibly approved, by the. BoaAd at AX& meeting G£ ApAil 26th, 1979. The. lull text. ii> to be included in the minute* o& tSiis meeting and a copy o& *aid minutcA mailed to IW. TAieAe. �WESTCHESTER COUNTY PLANNING BOARD W I L L I A M N . CASSELLA. JR. D O B B S FERRY C H A I R M A N PRO T E M EDWARD J. MORTOLA BERTRAN F. WALLACE HASTINPS-ON-HUDSON J. BOYD HENSON WHITE PLAINS NEW CASTLE NORTH CA5TLE WARREN C. HUME WARREN T. LINDQUIST ROBERT A. DENNISON EX OFFICIO MRS. THOMAS M. WALLER EDWIN I. ZIEGLER PETER Q. ESCHWEILER. A.I.P. PEEKSKILL CHARLES E. POUND W I L L I A M G. B O R G H A R D COUNTY BEDFORD EX OFFICIO COMMR. OF PARKS. RECREATION ft CONSERVATION COMMR. O F P U B L I C W O R K S WESTCHESTER NEW ROCHELLE .EX OFFICIO COMMR. O F ENVIRONMENTAL FACILITIES DEPARTMENT OF PLANNING WHITE PLAINS, N. Y. 1 0 6 0 1 9 1 4 WHITE PLAINS 9 - 1 3 0 0 9 I O COUNTY OFFICE BUILDING COMMISSIONER JOSEPH R. POTENZA, A.I.P. DEPUTY C O M M I S S I O N E R April 13, 1973 Mr. James Friere, Chairman Board of Appeals Village of North Tarrytown 28 Beekman Avenue North Tarrytown, N. Y. 10591 Re: Mandatory Referral Procedure Dear Mr. Friere: Thank you very much for the opportunity of appearing before your Board last Tuesday night in the matter of the G.M.L. Section 239-k action on the Gasko driveway on Webber Avenue. I understand from the Public Works Department that the matter appears to be moving toward a satisfactory resolution. In the course of the discussion that evening, however, a point was made which I had not realized in our preparation for the meeting, and covers a matter about which you and your fellow Board members should be aware. It was mentioned by the applicant's attorney that he had previously applied to your Board for a variance of the front yard setback, which variance had been granted by your Board prior to the County's involvement in the matter of the driveway. Under Section 451 of the Westchester County Administrative Code, a request to a munici' pal Board of Appeals for a variance that reduces the front yard setback on any property abutting a State or County highway is one of a class of zoning matters that must be referred to the County Planning Department for an advisory opinion prior to the holding of the public hearing on the variance request. This is totally separate and distinct from the jurisdiction of the Department of Public Works under 239-k. Failure of a municipality so to notify the County Planning Board of such a hearing could constitute a legal flaw in the variance procedure. There have been several court cases in Westchester where a disgruntled neighbor or other adverse party of interest has subsequently taken a board's action to court, and the court has found that this flaw is a basis for overturning the variance and sending it back to the local board for rehearing. �Mr. James Friere April 13, 1973 -2- In order to assure that all municipal boards of appeal are familiar with this procedure, which has been in effect in Westchester County for over 12 years now, our Department has prepared a map showing the State and County roads and other lands in Westchester which fall under the jurisdiction of our Board under Section 451. I am enclosing a copy of the most recent version of this map, together with an excerpt of this section of the Administrative Code. If there is any further information on this procedure that we can provide, please do not hesitate to call upon us. Very-"trjtly yours* PQE:rwp Enclosures Peter Q. Eschweiler Commissioner �WESTCHESTER COUNTY ADMINISTRATIVE CODE P R O V I S I O N S RELATING T O THE D E P A R T M E N T OF PLANNING �• ADMINISTRATIVE CODE TITLE D Title I) n.lilcd by Laws of 1961, Ch. 822 Note: Fanner Title D, §$451 and -152. provided for the organization of the department of planning and for reports and recommendations of the department, under the county planning commission, and was repealed by Laws of 1961, Ch. 822, §1. COUNTY PLANNING BOARD Section 451. Powers and duties of county planning board in relation to villages, cities and towns of the county. 452. Rights and duties of neighboring municipalities in planning and zoning matters. §451. Powers and duties of county planning board in relation to villages, cities ' and towns of the county. Except as specifically provided in this section with respect to certain zoning ordinance enactments or amendments, special permits, subdivision plats and official map amendments directly affecting the interest of the county, nothing contained in this title shall be deemed to limit the powers of any body, board, commission or other agency of any city, village or town, hereinafter called the municipal agency, with respect to the adoption, amendment, or repeal of any master plan, zoning regulation, subdivision regulation, or official map, or with respect to the administration of the same or of subdivision regulation authority, or with respect to any related matter. It is the particular purpose of this title to aid in maintaining a high level of effectiveness of municipal action in all such matters, and in coordinating such action as among the various municipalities in the county by means of procedures for bringing pertinent inter-community and county-wide considerations to the attention of such municipal agencies. Each city, village or town in the county shall give notice of any hearing .scheduled in said municipality by mailing a copy thereof at least ten days prior to such hearing to the county planning board when such hearing is in connection with (1) the proposed adoption or amendment of a zoning ordinance or the proposed issuance of a special permit or use permit changing the use classification of property located within such 'municipality, or a proposal decreasing the front yard set hack or the minimum street frontage or average width of any property abutting any stale highway, parkway or thruway, or any county road or parkway or state or county park within such municipality, (2) a subdivision plat involving a new street connecting-directly into any such state or county highway parkway, thrmvay or road, or involving drainage lines connecting directly into any channel lines established by the county commissioner of public works under the Westchester county stream control act. or (3) the proposed adoption or amendment of 'an official map affecting streets connecting directly into any such highway, parkway, thru way or road, or affecting drainage lin^s connecting directly into such channel lines. Such "mailing shall be deemed com^ pliance with any law requiring the giving of notice'of any such hearing to the county. The county planning board may appear at any such hearing and be heard and file a memorandum of its position. If the county planning board disapproves the proposal on which the hearing is held, or recommends changes or mixlifications thereof, the municipal agency having jurisdiction shall not act contrary to such disapproval or recommendation except by tlie adoption of a resolution of such agency, which action shall be subject to judicial review pursuant to ihc laws providing for the review of acts of such municipal agencies, commenced within thirty days of its adoption. (Added by Laws of 1961. Ch.. 822) �§452. Rights and duties of neighboring municipalities in planning and zoning matters. Each city, village or town in the county shall give notice of any hearing scheduled in said municipality in connection with (1) the proposed adoption or amendment of a zoning ordinance or the issuance of a proposed special permit or use permit changing the use classification of property located within five hundred feet of any abutting municipality in the county, (2) a subdivision, pi at relating to land within five hundred feet of any abutting municipality in the county, or (3) the proposed adoption or amendment of an official map, relating to any land within five hundred feet of any abutting municipality in the county, to such municipality. Such notice shall be given at least ten days prior to any such hearing by mail to the clerk of said abutting municipality affected. Such mailing shall be deemed sufficient service under this or any other law requiring notice of any such hearing. Such abutting municipality may appear and be heard at such hearing and may file thereat a memorandum of its position. If such abutting municipality disapproves the proposal on which the hearing is held, or recommends changes or modifications thereof, the municipal agency having jurisdiction shall not act contrary to such disapproval or recommendation except by the adoption of a resolution of the municipal agency, which action shall be subject to judicial review pursuant to the law providing for review of acts of such municipal agencies, commenced within thirty days of its adoption. (Added by Laws of 3961, Ch. 823) �8 June 1979 Mr. & Mrs. Robert A. Green c/o George Ellis = 177 White Plains Road Tarrytown, New York £ Re: Section 17-Blk 4-Lpt 12 Dear Mr. & Mrs, Green i At ;the Zoning Board hearing held on April%26, 197?, you were granted a pervnent - variance from the provisions of the , Zoning Ordinance of,the Village = of North Tarrytown to continue the multi-family area of the Tower Building, not to - exceed four families on your property known and designated on Village Tax Assessment Map as Section 17, Block V, Lot 12, 141 Webber Avenue, North Tarrytown,-N.If. Sincerely, 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-1979 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_1979-04-26 Subject The topic of the resource Zoning Board Minutes & Resolutions-1979 Date A point or period of time associated with an event in the lifecycle of the resource 1979 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