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                  <text>North Tarry town, N.Y.
October 2, 1980

Zoning Board
Present:

JohnArcate, Chairman
Edward Swaby
Martin Ruane
Aldo Ceconi ,
Frank Paolahtonio
\ Robert'.-• Ponzini, Village
;
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Attorney.
Victor R. Page, Building
•: , .
.&lt;•. Inspector

Chairman Arcate called the meeting to order at 8:00 P.M. for a hearing to be held before the
Zoning Board of Appeals.
Linda Fukuchi, clerk, read the Public Notice of hearing, to consider the request of Boyce
Realty Co. of 159 Wildey St., in Tarrytown,

for a n appeal to obtain relief for a building

permit to erect a proposed fence of 8 feet in height with a sliding gate assembly, 16 ft.
in height, as Zoning Ordinance 62-13 (F) of North Tarrytown limits the height of any fence
in any business area to 6 ft. the - fence is to b e located on* the southern side of Clinton
St. , between Cortlandt St. and Beekman Avenue.
Chairman Arcate then asked if anyone present wished to address the Board:
Peter Blasi, Esq., represting Boyce Realty Co.y described a map of North Tarrytown (Rider
A o f the petition) showing the design and location of the proposed fence.

He said the

reason for the additional height of the fence is due to constant traspassing by either
children playing in the area, or animals straying.
allowed a present is not sufficient.

He stated the 6 ft. maximum height

H e stated that the proposed fence would also help

to keep debris from being thrown in.
Mr. Blasi also presented a detailed sketch (Rider .B of the petition) o f the proposed fence,
showing how the gate iri this fence could b e rolled back on an overhead trolley to permit
trucks to enter.

H e said the fence would n o t b e used so as to totally close .off the

property as the gate would allow access from Clinton Street.

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Chairman Arcate asked if all owners within 200 ft. of Boyce Realty Corp.' had been advised
^^^^of their plans to construct the fence and the public hearing of the date. Mr. Blasi
replied in the affirmative, and an Affidavit of Service by registered mail with the list
of all such owners was given to Chairman Afcate and made a part of the record.
Mr. Henry Boyce, owner of Boyce Realty, then addressed the board. He mentioned that cars,
and sometimes taxis, have driven thru on his company's lot.
Mr. Boyce proceeded to explain to the Board members that another fence will be erected
on the part of the property, which is in Tarxytown. *The side has already been fenced so as
to protect the lot. The overhead trolley support beams for the fence and sliding gate
would be of a height of 16 ft., to allow the passage of trucks into the garage.
Neighbor Joseph Mann's property would be alongside of the proposed fence, it was noted,
as members questioned how the fence might affect the area. Mr. Marin's name was on the
list of people notified by Mr. Blasi, and on a sworn affidavit of names of all notified.
An informal discussion took place between Mr.; Boyce, and Marvin Pickett, another neigHbor
^P^at which time all plans were reviewed. Mr. Pickett said he was in favor of the fence,
but upset that the company' s trucks would still be visible from the street while driving
by. Chairman Arcate asked if an opaque fence of a fence with slats could be a possibility.
Mr. Ceconi spoke against the idea of slats on the fence, as it might encourage children to
climb and break them. It was also rioted that such-slats were used by the Village in a fence
at the garage with poor results. He suggested a cosmetic cover such as ivy to camouflage
the open fence areas. Mr. Pickett said he was not at all against Mr. Ceconi's suggestion
of the ivy, or similiar planting.
Mr. Pickett was asked by the Board if a fence for Boyce Realty is preferable to its present
condition? He replied in the affirmative, saying as long as Clinton Street would remain
basically a*residential area,and not an industrial one.
Chairman Arcate then asked if there were any further comments. There being none,
Mr. Ruane made a motion, seconded by Mr. Swaby, to end the hearing which was carried
'^W unanimously.

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Business Meeting
r^^Chairman Arcate called the meeting to order. He asked for members to act on whether or
not a variance should be granted to Boyce Realty Co.
Mr. Ceconi made a motion to grant a variance to Boyce Realty, so as to enable them to
build the fence proposed in the petition for a variance. Mr. Ceconi commented that
some kind of screening should be provided for neighborhood.
Chairman Arcate agreed, however, no ted that this was not conditional as the board had not
determined such a design provision of the fence.
Counsel Robert Porizini said that as he understands the Board, the screening is not a legal
condition for the granting of the variance but may be added as a required at the Board's
discretion. He, however, suggested that the Board grant a variance only for the life of
the fence, once constructed. If at a late date it need be removed a new variance would
be needed for the new fence.

;

A motion was then made to grant a variance to Boyce Realty Co. in accordance with

-

^Pparagraphs 62-2 and 62-40 to construct a fence on the Clinton Street side of their lot.
This motion was by Mr. Ceconi, arid seconded by Mr. Swaby. The motion was carried7unanimously.

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Chairman Arcate then thanked all'Board members for tonight's(attendance"/.due to sucti short
notice given. He also noted that the second hearing, planned for Oct.: 2nd, thatof ; ~\ ,
Duracell International, had' been postponed until" a later date at. the request of the
petitioner.

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After a motion by Mr. Ruane, arid secbrided by Mr. Paolantonio, .the vote 'was unanimous to ;
recess tonight's meeting.

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�16 October 1960

Boyce Realty Co.
159 Wildey Street
Tarrytown, N.Y.
Gentlsnen:
After public hearing and due deliberation, the Zoning Board of
Appeals, at a meeting held on October 2nd, granted Boyce KBalty Co.
a variance from Section 62-13 (F) of the Zoning Ordinance to erect an
eight ft. fence in height with a sliding gate assembly on Clinton Street,
North Tarrytovn, on property known and designated as Section 16, Block 4,
Lots 17 &amp; 18, said variance be granted for the life of the fence once
constructed, after which another variance is required.
Kindly contact the Building Inspector for further instructions.
Sincerely,

Filomena FalLacaro
Clerk
cc: Building Inspector

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