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                  <text>Zoning Board

No. Tarrytown, N.Y.
May 22, 1980

o

Present:

J /

John Arcate, Chairman
Edward Swaty
Martin Ruane
Aldo Ceconi
Frank Paolaritonio
Victor R. Page, Bldg. Inspector
Robert Ponzini, Attorney

Chairman Arcate called the meeting to order at 8:20 P.M.
Linda Fukuchi, clerk,,read the public notice of hearing to consider
the request of Dimitrios Papadopoulos, 49% Elm Street, for an appeal to
obtain a permit for the enclosure of an existing front porch.
It was noted that the porch is presently roofed. Also noted was
that other houses in Mr. Papadopoulo's area have enclosed porches.
It was also noted that although the existing porch does not satisfy
the 20 ft. setback requirement, the proposed enclosure will not diminish
the setback.
A list of neighbors along with their signatures was presented,
saying they had notice of the proposal and that they had no objections.
A motion made to end the hearing was made by Edward Swaby, and
seconded by Frank Paolantonio. The motion was unanimously approved.
The public notice of hearing was then read by Linda Fukuchi, clerk,
to consider the request of Mario Di Felice, 35 Gory Brook Road, for an
appeal of the Building inspector's denial to obtain a permit for the
construction of a sun deck at the back of his house.
Chairman Arcate asked if the Board"had a list of neighbors who were
notified of said construction. The clerk had received postal receipts
of notice to neighbors as required.
Mr. Armando Galella Addresssed .the board ?as the representative?of
Mr. Di Felice who was out of town. * Mr. Galella presented to the Board
seven letters from neighbors of Mr. Di Felice. Six of the letters
indicated no objection to the proposed construction.
*

•

William Hongach, of 30 New Broadway, addressed the Board,;saying
that a sundeck would infringe on}his ^privacy, as\the Jdeck- would be
almost at his property line. Should someone fall^ for example, off said
planned deck for the Di Felice house, they would fall on his property.
He feared the distance would be too close to His second floor windows.
Building Inspector, Mr. Page, noted that this property is presently
non-conforming due to lot size and the size of the house.
It was also noted that said extension would bring 3^ houses close
together.

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There being no further hearings, Chairman Areate thanked those
present for their participation and invited them to remain for the
business meeting. A motion to end the hearing was made by Mr. Ceconi,
seconded by Frank Paolantonio. Motion carried unanimously.
Business Meeting
The minutes of the Board's last meeting were accepted.
I.

49% Elm Street - Dimitrios Papadopoulos
As Mr. Papdopoulos was unable to attend the Board's hearing and
was not represented, it was asked if he was required to be present.
Attorney Ponzini said no, he need not be present, as all proper and
legal steps had been taken, along with the public notice in the newspaper. He also noted that no one voiced any opposition, the Board
could act as they saw fit.
A motion to grant the said variance in accordance with Sections
62-2 and 62-40c was made by Mr. Swaby, and seconded by Mr. Ceconi. The
motion was unanimously approved.
II. Concerning the variance requested by Mr. Di Felice," .Chairman Arcate
read the letters from neighbors regarding the construction of a sundeck.
One neighbor was against it.
Chairman Arcate gave his own view, noting that variances may be
granted especially if the zoning rules cause-undue'hardship on'the owner.
But, he noted, the variance being sought is for recreational use rather
than living space. He could not justify MrV Di Felice's appeal as one
of hardship.
Mr. Swaby concurred, saying the Board members should'support the
decision of the Building Inspector, Mr.. Page. As this is not '.'hardship",
he made a motion to deny the granting of a variance as not•satisfying
Sections 62-2 and 62-40c, seconded by Mr. Paolantonio, and carried unanimously.
Mr. Page noted that Mr. Zelig, of 17 Hemlock Drive, has no certificate
of occupancy, and by law, cannot live there.
In regard to another matter the board members/agreed:to send - a proposal to the Board of Trustees asking that the Building Inspector be given
the power to enforce a time limit on building permits.
Mr. Page noted he has open building permits dated back as far as
1967. Mr. Page suggested a 12 month time limit subject to extension if

�-3-

circumstances warrant
There being no further business ;to discuss, Board member
Mr. Ruane made a motion, seconded by Mr. Swaby, to end'tonight' s
meeting, which carried unanimously.
Respectfully submitted,

Linda Fukuchi

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