https://sleepyhollow.localarchives.org/files/original/9ebd016fd3b9dc5edb9b140d2a5d71cc.pdf 25b4fc9d099f55b144d238f4aff29b18 PDF Text Text iNor.th Tarrytown, N. Y. August 9, 19 7 9 % A hearing was held before the Zoning Board of Appeals of North Tarrytown, New York, on the above date, PRESENT: John Arcate, Chairman Edward Swaby Martin Ruane James Margotta Aldo Ceconi Atty. Charles Palella, representing North Tarrytown Victor Page, Bldg, Insp. Chairman Arcate called the meeting to order at 8:00 P.M. Linda Fukuchi, read the notice of hearing to consider the request of Elias Tserkerides, 30 Elm Street, for relief oh an appeal from a decision of the Building Inspector in denying a permit for the construction of an addition to the second floor of the .owner's property. The request was for a variance from the provision of Section" 62-8B. Chairman Arcate the Board asked whether or not the proposed construction would "meet all other requisitions and were informed by Mr. Page that this was the case. Surrounding neighbors had been notified of the impending change. Enlargement was to be made elevating but not widening the building and there would thus be no plot change. l-.v A motion was made by Mr. James Margotta to grant the variance in accordance with the purposes as:stated .in the code, Section 62-2. The motion was seconded by Mr. Swaby, and carried by an unanimous vote from the Board. The next public notice to the people-of North .Tarrytown was then read. This is the appeal of Mr. Victor Zelig of 34 Miller Avenue,. Tarrytown, to obtain a permit to construct a single family dwelling at 17 Hemlock Drive, North Tarrytown and a variance from Section 62-8B-5 Mr. Lou Falasca, builder, representing Mr. Zelig, asked for a variance to be granted so that the construction oould get underway. Richard Spauldihg, 19 Hemlock Drive, questioned whether all other homeowners within 200 feet of the lot at 17.Hemlock DriveV-were advised a full ten days prior to public notification.. He'claimed the notice had not been posted a full ten days in advance, as required by the law. Mr. Zelig then responded, saying he had notified homeowners and the Sleepy Hollow Manor Taxpayers Inc. back in early July. «&:. i/V Mort Sillman, 20 Hemlock Drive,#objected, to the'].advance work of the trees having been cut down. He daid'the.cut wood, left outside, has had[a terrible smell, arid questioned if 1the "mess"- on'the lot pollutes the : air and environment, along with the beatuy of the area. m~j,'4s££.£i*i-=£%l^S"^ *-? -~-«" ^'l--.-;-. ,-te. 4?*.itiiei&-£i^k^^&iSiX.*. L^aiis^Siil^ �-2- Mrs. Otto Kraij, 15 Kirigsland Road,said she vzas promised a notice would be given to her before the trees were cut. But, she said, she was never so advised. Chairman Arcate asked the Zoning Board whether the question of notice would continue to be an issue? It was commented that the request was received by July 6th. Chairman Arcate questioned when the notice was posted on the property. Mr. Page said the sign had been posted by the Village Clerk thru the Highway Department, and that he felt the ten days'had been allowed, Robert Friou, H,Lakeyiew Ave., asked that it.be made clear that this meeting was only to;get a decision as to whether or not a house might be allowed to be built on the property. Chairman Arcate then called for a vote of the Board on the question of notice and enough time had been given, ten days, prior to the hearing. - Passed unanimously. Mr. Falasca answered a question re the size of the lot, and submitted to Chairman'Arcate that the total amount vzas "only 200 s q . f t . less than the 15,000 sq. ft. presently required by the zoning rules. Mr. Zelig then confirmed a question, saying the lot is owned by his daughter, who is over 18 years of age. Mr. Zelig acts as agent and payer of taxes for said lot. Mr. Page said it is not required that the owner of the lot be present and that an agent may act in.place of the owner. Mr. Margotta then asked whether tonight's meeting"should be ppotponed for one week, or ten days to make certain everything is legal, and also to allow the owner of 17 Hemlock Dr. to be present. Aldo Ceooni voiced a similar question. Mr. Stuart Levine, 63 Fremont Rd., said the notice'had not been received prior to August 1st, thus'not meeting the ten days requirement of posting the notice prior to the hearing. Mr. Margotta commented that he would like the builder to be able to proceed, but " should any legal problems arise he suggested, as earlier, to postpone tonight's meeting. Mr. Levine asked why no tape recorders were used to record the minutes. Chairman Arcate said minutes have always"been]takenvby the Clerk, and that in all the years he has been associated with 5 the^ Zoning Board no problem had ever arisen due to the lack of recording devices. " Chairman Arcate said that the Zoning; Board might\decide, pro : or'con, with Building Inspector Page, or grant a variance for the owner of said lot at 17 Hemlock Dr. Mr. Page made it known he had neither granted nor denied the building permit, '"->;- :.*'• , •-....•'';-. • -': �Chairman Arcate reminded all present that the issue is whether the lot at 17 Hemlock Drive is sufficient in spite of lacking 200 sq. ft., although it does meet requlations of width, Mr, Sillman asked Mr, Page if building plans are submitted to him when a vacant lot is to be built upon prior to approval being given. Mr. Page answered affirmatively. Chairman Arcate said the Building Inspector's duties enforce the Building Code (Village adopted New York State's Code). He then said the Zoning, however, is a local Village Code. He continued, noting that after 1964, the zoning in Sleepy Hollow Manor changed from R2 to R2A. In 1967 or,1968 the required area of a lot was from 10,000 to 15,000 sq. ft.. He noted that there have been many appeals for the granting of variances over the years. Mr. Friou reminded the Board that Boards's decisions can be knocked down in court, as the Zoning Board may not have final jurisdiction. Mr. Spaulding brought to attention Village Law #1, 1977, which requires the Village to take action re environmental factors. He noted several factors on the lot at 17 Hemlock Dr. -- the slope of the land, causing drainage problems airing of the lot danger of a house being built on such a sharp curve Mr. Spaulding also said that the Sleepy Hollow Taxpayers Association had not reviewed the situation in discussion. A July 27, 1979 letter was then shown and read by Mr, Page, This was from Curtis Heath the Zoning Chairman for the S.H.T.A. to Mr, Zelig and indicated that the plans for the proposed house are in the process of review. Otto Kralj, 15 Kingsland Rd., said he submitted a letter to be kept with' Mr. Page, In his letter, Mr, Kralj said the building of a new house at 17 Hemlock Dr. would cause a change in the V7 at erf low, and very possibly affect and harm their property. . • The various building code violations Mr. Kralj said,• would 'bocur if the house at 17 Hemlock Dr. were to be built, would not apply to a private dwelling. Articles 62/31 and 62/30-B which Mr. Kralj brought to attention, are -for changes needed when?changing a domestic site into a business one. This'was all mentioned^'by; Chairman Arcate. He also noted that Article 62/28, used by the Planning Board, is for changes related to change of use or': classification.' Mr. Friou said the Planning Board should report recommendations to the Zoning Board. The Zoning Board can freely agree or disagree, Mr. Kralj brought to attention Article 62-2D. Under the present "plan, the new house's backyard would be 40ft. from his. He said he tbuld lose this privacy if a variance were granted. He also objectsVto the plans that the nev? dwelling would be three stories above the; , ground; These factors make Mr, Kralj fear the value of his home would go down. -."._.-•. : �Mr, Fascala said there would be hushes and trees planted to give both privacy and beauty to the lot and the neighborhood. Mr. Kralj quoted Article 62-2B, saying he fears the exhaust fumes ~ from the car on the new lot would be directed at his house. He asked that the garage door be set parallell to the street, or else the fumes will come in his living room. He also noted Article 62-2E in regard to noise pollution the new house will bring about. Mr. Kralj fears future damage and flooding to his lot and home if the variance is granted, and the new house built. He asked that this be looked into. Mr. Page then asked Mr. Kralj if he presently has any water problems in his house. Mr. Kralj answered saying he once did, but no longer has a water problem since he had the situation rectified, Mr. Sillman wished to report for the record he would like to see documentation evidencing that N. Tarrytown's Environmental Board was aware of the situation. It was then said that this is out of their domain until Mr.Page either issues or denies a permit. The Village Oounsel was asked by Mr. Levine whether the Zoning Board can direct Mr. Page. Reply was negative. Under Articles 62/13 and 62/32, Mr. Page said he neither issued or denied a building permit due to these Articles. He asked for a ruling. At present he feels it is a non-conforming lot. Mr. Spaulding commented oh a 1972 ruling, when a building permit was previously denied on lot at 17 Hemlock Dr., Said/lot was non-builiable and the then owner went to the Supreme.Court in White Plains. (The lot became non-conforming in 1967 by the revision of the Zoning Ordinance.) Mr.Kralj gave pictures to the Chairman Arcate to pass aroun.d to the Board members, showing the slopes of the ground. Mr. Levine asked if Mr. Zelig*z daughter could be'present. He agrees with Mr. Zelig's"right'to build on land he owns-but does it have to be at the expense of the immediate neighbors. He asked should he and his family have to suffer their investments due to thecwooded lot that is now chopped down? Arid;what is the purpose of letting one lot make the rest of the neighborhood suffer? Chairman Arcate asked Mr. Page if he had considered1location of the driveway? Mr. Zeliz asked''why other people,; in the neighborhood^ had not complained? Marvin Smith^.17 Kingsland Rd., commented that the lot boarders His property too. He.would like the'Zoning Board to look into other small lots which are not .the right size;under present requirements, as he is concerned with the future of Sleepy Hollow Manor if such variances continue to he given. He submitted a letter to Chairman Arcate. �-5ourn the hearing was made by Mr. Ruane and seconded by The hearing adjourned at 11:00 PiM. Respectfully Submitted, Linda T. Fukuchi �'3*> -6- BUSINESS MEETING August 1979 Mr. Page read the letter from the Sleepy Hollow Taxpayers Association in its entirty to the Zoning Board, and submitted a" copy of such said letter. Mr. Margotta made the motion to grant the variance, adding that h e V would want bushes and shrubs on the lot at 17 Hemlock Dr. as soon as the new house is completed. Mr. Swaby agreed with Mr. Margotta. Mr.Ceconi said he would like the groups to get together and resolve their present differences. Chairman Arcate asked that if ..the Board defered it's, decision (for 30 days under the law) would the. two opposing sides negotiate their differences but was not agreeable to both sides. Mr, Margotta's motion was seconded by Mr. Ceconi, and carried by an unanimous vote. The variance was thus granted. The Board ;finds that there are practical difficulties in strict compliance with the ordinance arid that there are special circumstances in that the deficiency is deminimus and/that ba^ed uponTpast^precedent and Code Sections 62-2, 62-12B, and 62-40A,'this action was required. � 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_1979-08-09 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