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Nortii Tarrytown, N.Y.
October 16, 1979
IM^-

Zoning Board
Present: John Arcate, Chairman
Edward Swaby
Martin Ruane
Aldo Ceconi
James Margotta
Robert Ponzini,
Village Attorney
Victor R. Page, Bldg.
Insp.
Chairman Arcate called the meeting to order at 8:00 P.M.
Linda Fukuchi, acting clerk, read the Public Notice of hearing to consider the
request of Mr. Rocco Buscetto, 123 Van Tassel Avenue, North Tarrytown, N.Y., for an
appeal to obtain a permit for the construction of an addition within 1.6 ft. of the
property line on the southerly side of his building located at the above address.
Mr. Arcate asked if the Board had a list of residents who were notified as to said
planned construction.

(exhibit A) Mr. Buscetto presented a list of signatures of immediate surrounding neighbors
who indicated their favor of said construction.

•

Chairman Arcate asked Mr. Buscetto what was the purpose of the construction at
his house was for. Mr. Buscetto replied,, saying the purpose was so that each of his
children could have their own bedroom, along with a playroom.
Mr. Margotta asked the size of the lot. Building Inspector, Randy Page said
Mr. Buscetto has three 60' x 20' lots.
Mr. Ceconi asked if the plans meet the requirements for {the set back. Mr. Page
answered, Mr. Buscetto has 7' - 6" on the north side. The rules call for a total of
12 feet for setback. There is a steep drop-off in the land on the north side however, he noted.
Mr. Buscetto replied, saying that an increase in the length of the house would
be far more costly. The plan he has shown, calling for an increase in the width of
the house would cost far less.
Chairman Arcate reminded all present that the code requires a minimnm side yard of
3 ft. on one side of a residence, but also a minimum of both side yards combined
(both sides of a house) must be 12 ft. The code also requires no more than 35%
utilization of the area of the lot.
A motion to end the hearing was made by Mr. Ruane, and seconded by Mr. Margotta.
Motion unanimously approved.

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Page 2

Business Meeting
The Board discussed the need to maintain a minimum 3' side yard,
verses maintaining a 12' total for the two side yards combined.
The regulations that 357o of a lot's area is the maximum lot coverage does
not seem to be a serious problem as Mr. Buscetto has three lots and his planned
use does not exceed the 35% limit by more than 30 square feet or less.
Mr. Buscetto was asked by Chairman Arcate if he had any hardship (s) to
claim, to which Mr. Buscetto expressed a desire to imporve his house at present,
and to enable each child to have their own room.
After thorough discussion of the case by the Board members, and realizing
the difference in space that the rooms would have with the extra width, Mr. Ceconi
said he would be willing to grant a variance.
Mr. Ceconi commented, saying the size of the rooms would be very small without the granting of an extra 1% feet width(4%'less 3').
Chairman Arcate said Mr. Buscetto lacks use of the land on the north side
due to the steep grade of the land. No further building would be possible on
that side. The intent of the code is to provide separation, but on the northern
side there would be no possible construction, nor any future problems for any
prospective neighbors. Therefore the intent of the code would be met.
Mr. Swaby suggested that Mr. Buscetto be able to use His property up to
and within 3ft. of the southerly property line.
The Board supported the action of Mr. Page in denying the building permit,
but as a result of hearing Mr. Swaby made a motion, seconded by Mr. Ceconi, to
sustain the 3 ft. nriiiimum but to grant a variance waiving the 12 ft. total width
required and the small (if any) excess coverage over 35%. The motion carried
unanimously.
The Board also address the administration of official minutes. A motion was
made by Mr. Ruane and Mr. Ceconi to find that all minutes from the start of this
term to this date are correct and adopted. •.- -.
Further, that all subsequent minutes shall be considered official two days
following the date of mailing to the members. This will'permit. members to
comment to the chairman if necessary and at the same time will authorize minutes
prior to the next meeting. Adoption^of minutes will be confirmed at subsequent
meetings. Motion approved unanimously.
Mr. Ponzini rjfaise the question as to whether copies of all appeals were being
sent to the Planning Board. The members agreed that this is what the code requires
but that such distribution was a function of the Village Clerk and the Board did
not know if it was being done. Mr. Ponzini offered to investigate the matter.
There being no further business to discuss at the meeting, Board member
Mr. Ruane made a motion, seconded by Mr. Swaby, to endtonight'smeeting, which
carried .unanimously.

�-2The variance was Rranted in' accord to Section 62-40C, paragraph
1-6, under which special permits may be granted under certain
conditions.
Section 62-40, paragraph C-l-b states where'"strict circumstances
or conditions are such that the strict application of provisions of
the ordinance would deprive the applicant of reasonable use of his
land or building. I!
Section 62-40, paragraph C-l-e, also allows the granting of
variances where "such relief can be granted xizithout substantial
detriment to the public and without substantial impairment ti
There being no further hearings and/or business to attend, Mr
Swaby made a motion to adjourn'the meeting at 7:55 P.M., which was
seconded by Mr. Paolahtbnio and was carried unanimously.
Respectfully submitted,

Linda Fukuchi
Acting Clerk

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