https://sleepyhollow.localarchives.org/files/original/2259ace720fe2529b7f7be5c9c61ce8f.pdf d80c9815ff509dc112d2f2f48fe724bb PDF Text Text North Tarrytown, N.Y. September 18, 1979 A hearing was held before the Zoning Board of Appeals on the above date, in the Village of North Tarrytown, N.Y. Present: John Arcate-Chairman Edward Swaby Martin Ruane James Margotta Victor R. Page-Bldg.Insp Robert Ponzini, Attorney ~ Absent: Aldo Ceconi Linda Fukuchi, clerk, read the notice of hearing to consider the request of Kevin and Bernice Donohoe, 141 Webber Ave., North Tarrytown, to permit an accessory use of their property by Lee Elliot and Elliot Organization, Inc. for a personal residence coupled with the business offices of said firm. Chairman Arcate then asked if anyone present at the hearing wished to address the Board. Demetrios Kringas, 149 Webber Avenue, asked whether all within 200 ft. of the Donohoe property had been advised of the notice. Thomas J. Lyden, representing the Donhoes, presented an affidavit of service by mail (exhibit A ) , showing a list of nineteen names and addresses, who had all been notified. He submitted said affidavit to the Board as evidence. Mrs. Faiola Andrycich, 143 Webber Ave., abutting property owner, said she was not notified of said notice, and wanted to know why her name had been omitted from Mr. Lyden's-list. Chairman Arcate reminded all present that the zoning rules clearly state that all owners within 200 ft. of the Donohoe lot must be advised a full 10 days prior to the hearing held here tonight . Mr. Lyden spoke, saying be had taken all addresses needed off the town map, with the attempt to contact all such parties, and certainly, with no intent to "leave anyone out". The Board asked if any how many trucks will the Elliot firm bring to the neighborhood? Mr. Lyden replied "none". Mr, Kringas asked if there will be any changes to the house. It was answered that the cosmetic appearance would not change, nor would the interior. Mrs. Andrycich said she has nothing against the Donhoe' s home being used as a business place, and that she is in favor; of such usage of the property and house. As her property and the Donohoes' "overlap" as far as entering and leaving their homes, she..wanted, to know if the granting of a variance could affect her homeowner's insurance. She offered a rough sketch of a map to Chairman Arcate, �-2- showing how the two homes. pieces of land use the same entrance road to their Mr. Lyden replied that insurance should be of no concern to Mrs. Andrycich, and that such matters will be well taken care of. Mr. Page brought to everyones attention how in prior records 141 Webber was never changed when the lot was split and divided into two lots; 141 Webber Ave., with 143 Webber Aven. being the new number designated to the lot after the subdivision. Chairman Arcate asked Mr. Lyden if all parties required by law had been notified. Mr. Lyden replied in the affirmative, at least as the records indicate. Mrs. Andycich noted that Samul McBride, of 149 Webber Ave., had not been notified. Mr. Page replied, explaining that the McBride lot was beyond the 200 ft. area which requires notice. It became apparent, however, that property owner Green required notice. Chair-man Arcate asked if anyone present wished to address the Board in regard to the issue of receiving notices? No one replied in the affirmative. t Board member Mr. Swaby asked if the use of the Donohoe property, as in being asked for, would end at the termination of the five year lease by Mr. & Mrs. Donohoe to Mr. Elliot. He then asked Mr. Elliot to state the nature of his business. Mr. Elliot replied be develops marketing plans for firms. Mr. Swaby then asked how many people he employs, to which Mr. Elliot replied, four people. Board member James Margotta asked Mr. Elliot what kind of work would be done on the premises. Mr. Elliot answered design and writing. Mr. Margotta then asked wehn the office would be open. Mr, Elliot stated 5 days a week, Monday thru Friday, with a typical 9:00 AM - 5:00 PM schedule. Mr. Swaby asked what area of the house will be Mr. Elliot replied about 25% of the residence. used by the firm? Mr. Swaby also asked if Mr. Elliot expected an increase in traffic load for the area. Mr. Elliot replied the increase would be minimal. Chairman Arcate asked Mr. Elliot about parking facilities, and how many vehicles could be expected on the property on a regular basis. Mr. Elliot said 10-20 vehicles, at the most, which would be parked in a separate lot from the Lowse's driveway. He then asked Mr. Elliot if any changes in the shrubbery in the area to provide parking for others, Mr. Elliot replied, saying that if any changes are to be made, it will be solely cosmetic, to improve and enhance the area. He also asked Mr. Elliot if he would be the sole tenant. The reply was in the affirmative. e: --;j^^^w^^^^.-,!isi«^^ �-3- • Chairman Arcate then asked if anyone else would like to bring up any ther issue before the Board concerning the hearing re the Donohoe property. There being no one wanting to address the Beard, a motion was made by Mr. Ruane to adjourn this hearing, which was seconded by Mr. Swaby. Linda Fukuchi then read the notice of hearing to consider the application of Eugene Buonanno for a variance to extend and enclose the first floor property line at 29 Gordon Avenue. Chairman Arcate let all present know that he had received a letter of notice to property owners within 200 ft., notorized by the Town Clerk, from Mr. Buonanno (see exhibit B) Mr. Buonanno addressed the Board, stating how he would like to enclose the front porch and furn it into an extra room for the house, he said as there are empty lots on both sides, so neighbors view would be obstructed. Mr. Swaby asked how far back the house will be. Mr.Buonanno said there would be no change as the enclosure he is asking for would not include an extension made back in 1971. Mr. Page questioned how the work to be done to enclose the porch can be done for only $250.00. Mr. Page went on to say that the building permit had been denied when he found out a variance would be needed, r. Page went back to comment that such work on a house might cost $4,000.00 by New York State's code. IK Chairman Arcate said there is an existing variance on this property so any structural change needs a variance. Mr. Swaby asked Mr. Page how much space is required for a setback from the front of the house, and how much further would it "stick out" compared to the neighbors homes? Mr. Page replied that one lot to the side of the Buonanno home is vacant and that the house on the other side of their property is 40 ft. away, and set at a different angle. Mr. Buonanno showed a drawing of his plans to enclose the house's porch The Board said a more detailed sketch would be needed. Chairman Arcate asked whether the Board felt it had sufficient information, along with Building Inspector Victor Page, to make a decision tonight. Mr. Page noted that the Building Code calls for a 20 ft. setback from the road. Mr. Buonanno said his house has 10ft. from his porch to the street. Mr. Page also noted, however, that the Buonanno house has always been that close to the road. There being no further comments, Mr. Ruane made a motion, which Mr. Margotta seconded, to close the hearing. �• Business Meeting Chairman Arcate called the meeting to order. Chairman Arcate said that in considering the matter at 141 Webber Rd.,the Donohoe house, that the Zoning Board has no power to grant a variance without complete notification of all neighbors. He said that they can submit proof of a waiver of notice.and avoid another hearing. He said Robert Green must let the Board know they have been notified of the Donohoe*s plans or the hearing will be extended 10 days from notice. Section 62-4 calls for a provision for notice thru registered mail to the Greens, which the Donohoes could do, and then submit a receipt to the Board. Mr. Lyden replied for the Donohoes, saying he would do so, and also submit a copy of the letter to the Greens to the Board. Mr. Margotta noted that pending a satisfactory agreement or waiver of notice from the Greens, a variance could possibly be granted Oct. 2, 1979. Chairman Arcate asked Village Attorney Robert Ponzini if a conditional decision could be made tonight. Attorney Ponzini replied that technically speaking, no, but that a decision can be structured, but not made. t Chairman Arcate then said the Zoning Board of Appeals will hold another meeting on Sept. 20th. Should a waiver be obtained by then, a decision will be made. The Chairman said that the matter of notice regarding Mrs. Andrycich of 143 Webber Ave. keeps the Board from making a decision tonight, as the 10-day period of notice had not been honored in her case. Mrs. Andrycich said that she had read the notice in the newspaper, and was aware of it, in spite of not having received her own notice. She stated that she waived the requirement in her case. The Board then deferred further discussion of this matter until the requirement of notice to property owner Green has been satisfied. The Board then addressed the request of a variance by Eugene Buonanno and suggested that Mr. Buonanno present Mr. Page with the more detailed drawing of his plans to enclose his house. The Board will consider a granting of a variance as long as Mr. Buonanno's plans are not interfering with his neighbors' lots and views, and will not obstruct. Board could defer a decision now and meet again, or a decision can be made, but one which would not empower Building Inspector Page for a permit, until Mr. Page, has all the technical information needed. If Mr. Page is satisfied by Mr. Buonanno' s supplying him with said needed information within 30 days a permit could be given. Such a variance was granted by the Board after finding special circumstances and conditions existed at 29 Gordon Ave., Mr. Buonanno's residence. Chairman Arcate then reminded the Board of the matter concerning Mr. Kralj, of Kingslands Rd., N. Tarrytown, who had been granted a 30 day period in which to obtain information re possible drainage problems he feared might occur if a house were built at 17 Hemlock Dr. Mr. Kralj �5cbntacted Chairman Arcate today, Sept. 18th, to let it be known he has no report yet. The delay on the Certificate of Occupancy ends with tonight's J k meeting. After a motion by Mr. Swaby was seconded by Mr. Ruane, the vote was unanimous to recess tonight's meeting. Respectfully yours, Linda Fukuchi �Continuation of September 18th's hearing held on Oct. 2, 1979 Present:John Arcate Martin Ruane James Margotta Aldo Ceconi Victor R. Page - Bldg. Robert Ponzini, Attorney Insp Benefit of time to complete notice has been given to all. (See minutes of September 18th) Mr. R. Page has certified letter dated Sept. 22 giving proof of 10 day notice to Green. No party required further discussion. Motion to close the hearing Martin Ruane. James Margotta seconded by Hearing closed. Business Meeting It is the intention of the Board of Trustees of the Zoning Board of Appeals in granting the requested variance to provide only that said residence (which will continue to be classified as R-3) with the permitted accessory condition ammended to include the proposed use by the petitioner on date of the lease's commencement. After hearing all presented by petition persuant to Section 62-4, the proposed use will include "similar and professional purposes." The applicant will be permitted said variance for the applicants use only during the term of the applicants residence and only as long as this tenant uses it as a dwelling and domicile. Should the petitioner fail to use the house as residence and domicile, said variance will also terminate. Motion to this effect by Mr. James Margotta seconded by Mr. Aldo Ceconi - carried unanimously- said variance granted. Mr. Page asked Board to sanction his action regarding a wall that caved in during rain and needed emergency action at 47 New Broadway; Mr. Enrico Solari Mr. J. Margotta said Mr. Page acted in good faith and made a wise decision as it was an emergency - confirmed by Board. Meeting Closed - � 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_1979-09-18 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