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                  <text>North Tarrytown, New York
May 19, 1981

Present:

•

?.

John Arcate, Chairman
Aldo Ceconi
Edward Swaby
Frank Paolantonio
Martin Ruaiie
Robert Ponzini - Attorney
John Tucciarohe - Esq.

Chairman Arcate called the hearing to order at 8:10 P.M.
Linda Fu&amp;ichi, cler^, read the notice of hearing to consider the request
of Dominick and Diane Gagliardi, 22 Bedford Road, for a appeal from the
Building Inspector's decision against the erection of an 8 ft. high fence,
as the zoning ordinances limit fence height to 5 ft.
Chairman Arcate asked if anyone present wished to address the Board.
Mr. Gagliardi explained to the Board members that this proposed fence
would go between his property lot on the west side and the lot on which
Tom's Exxon station is located.

As cars and debris at the station are

highly visible, the additional 3 ft in height is needed for privacy.
Chairman Arcate then asked Mr. Gagliardi if all neighbors within 200 ft
of his home had been advised of his plans. Mr. Gagliardi replied he had not
advised these neighbors.
Mr. Arcate noted that since all property owners within 200 ft. of the
Gagliardi residence had not been notified prior to thehearing,it would not
be legal for the Boied to continue the hearing.

He advised Mr. Gagliardi

to send registered letters to all property owners or otherwise provide
proof of notice as the Zoning Ordinance required.

He then read this portion

of the code to all present.
Attorney Robert Ponzini said the Board could not legitimately follow

•

thru with tonight's hearing, and suggested that this hearing t&gt;e adjourned
until Mr. Gagliardi has sent these registered letters to all owners within

�2.

200 ft. of the Gagliardi property.
•

A motion was made by Mr. Swaby and seconded by Martin Ruane to recess
this hearing until further notice.
The clerk, Linda Fukuchi, then read the notice of hearing to consider
the request of Kevin and Berriice Donahoe of 141 Webber Avenue to have their
property reclassified for the sole use as office(professional) space without
using the property as a residence. At this hearing Mr. Tucciarone served as
legal council.

Chairman Arcate asked if anyone present wished to address the

Board.
Kay Lingardo, 27 Pine Close, asked what the residency zone for the
Donohoe property is at present.

There appeared to be a typographical error

in the public notice, which indicated the Donohoe property*as being R-5, which
is multi-family.

It should have read R-3, a one-family residence.

Chairman

^^Arcate explained that since both R-3 and R-5 would require a variance this
error was not important to the question before the Board.

Attorney Thomas

J. Leyden, representing the Donohoes presented an affidavit showing that on
May 1, 1981, registered letters were sent to all neighbors within 200 feet
of all points from the Donohoe property.

Mr Leyden gave the vouchers to the

clerk showing receipt and acknowledgment.

Mr. Leyden briefly mentioned how

restricted use of this property for office use was granted by the Zoning
Board in 1956.
sought now.

He said no request for manufacturing is planned and/or being

The company seeking use of the Donohoe property is the Xerox

Corporation and Mr. Leyden noted that a company such as Xerox will use this
space wisely.
Mrs. Kay Lingardo contested,-noting she hadn't been notified.

She is .

opposed to the commercial use of this property, especially as it is in a
^presidential area.
Mr. Leyden^responded to a:question from the Board,;saying there will be

�3.
no structural changes"with Xerox as the tenant. Board member Swaby
•ft

asked Mr. Leyden to submit any structural plans to the Board. Mr.
Leyden replied that there would be'no structural changes. Mr. Castelli
of the Xerox Corporation then addressed the Board.
he will head a research group of Xerox.
take place.

He explained that

He said no manufacturing will

He said Xerox wishes to fix and maintain the building,

along with the grounds on the said lot.
When asked if anyone will live on the property on a permanent
basis, Mr. Castelli replied in the negative, with the exception of an
occasional visitor spending a night at the office.
Mrs. Lingardo siad she was upset to see this property becoming a
site of solely business use.
Chairman Arcate explained to Mrs. Lingardo and others present that
a variance could be granted for a certain time limit and/or

conditions.

Thus the change for the use of the building could be only for the term
of the lease.
Mrs. Faiola Andrycich, abutting property owner said she was not
notified of tonight's hearing.
theless got notice.

She explained to all that she never-

She stated that she had vaious problems with the

Donohoes previous tenants. Mr. Leyden assured her that Xerox could not
and would not present such problems with parking that the previous
tenants had caused.

Mr.* Leyden said the number of cars will increase,

but with good control of parking.

He assured the Board and all present

that Xerox will improve the condition of the property."
Chairman Arcate said that the Board's aim is to avoid hardship
either to the property owner or neighbors. He asked if Xerox will
maintain the roads. Mr. Leyden replied saying that trees, landscape and
•

roads will all be improved with the presence of Xerox.

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�4.
Mr. Gabriel Hayes, of Amos Street questioned the length in
years of the variance.

The Board replied the variance might only be

granted for the term of the lease.
Mr. Hayes said he was concerned regarding the future use of land
on a new lot. Would corporations be allowed to own them for corporate
use?

He also voiced concern regards to parking.
Mr. Castelli of the Xerox Corporation, explained that the intended

staff would be for 13 people initially, with a maximum of 20 people.
Mr. Leyden told Mr. Hayes of a parking lot that exists on the
former tennis courts.
Mrs. Andrycich also commented on the parking, asking that parking
be restricted to the lower lot.(the tennis courts).
Mrs. Lingardo asked if any signs will be erected, to which Mr.
Leyden replied in the negative.
Chairman Arcate noted that property owners are not allowed to
have signs except as provided by the code.
Mrs. Lingardo voiced concern as to the possibility of the mansion
becoming a "Conference Center".

Chairman Arcate reminded all that

Xerox would be bound to the Zoning Board's ruling and that conference
center use was not being asked for.
Mrs. Francis Hayes voiced concern that other homes in the future
might do likewise, turning the neighborhood into a mini-corporate area.
She said a 10 yr. lease to Xerox is too long.

She asked for an ex-

planation of zoning variances.
Chairman Arcate read Section 62-40, paragraph C, applying to
variances and to further explain the duties and functions of the
Zoning Board.

�5.
Mr. Thomas Cavalieri asked if Xerox would have the same use as
a prior tenant.

Chairman Arcate replied no, as there was no residency

use being asked for and therefore none to be granted.

Mr. Cavalieri

asked that Xerox be bound to parking, possibly on the tennis court and
thus not bother Mrs. Andrycich.
Chairman Arcate told all that a variance can be granted with
stipulations.
Attorney Leyden said that a 10 year lease for Xerox, with two
five year terms for renewal was agreed to.
&gt;&gt; Mrs. Lingardo voiced rio concern as long as Xerox must stay by the
guidelines discussed tonight.

Her concern, she said, is that Xerox

would possibly want to expand and add on in the future.
Mr. Donohoe replied, saying his land and property will not change.
Mr. Ceconi asked Mr. Castelli if there would be a catering firm
serving Xerox. Mr. Castelli said no.
Mrs. Hayes asked for a stipulation limiting the number of people
allowed to spend a night at the residence.
Resident Demetrios Kringas, expressed concern for abutting owner
Mrs. Andrycich, such as during the winter with snow and icy conditions,
would Xerox take care of their communal road?

Mrs. Andrycich then r

addressed Xerox, "asking if they were aware of her needs to keep and
protect her lot and property:
Xerox agreed to using the other entrance for garbage collection
so as to;keep /any bother Xo Mrs. AnJdrycich down to a bare minimal.
Mr. Ceconi asked how many vehicular entrances are on the Donohoe
lot?

Mr. Leyden replied two.
Attorney Leyden presented the Board with a detailed map of the

Donohoe property to view.

�6.
Chairman Arcate asked for a motion to close the hearing.

The

motion was made b"y Martin Ruane and seconded by Frank Paolantonio and
carried unanimously.

Business Meeting
The business meeting session began at 10:10 p.m.

Chairman Arcate

told all present they were welcomed to stay.
Chairman Arcate asked the Board for their comments.
Mr. Cecohi said he was against a 10 year lease with two five year
lease renewals. He said that was too long.
Chairman Arcate reminded all that stipulations can be put into the
terms of the variance.
Mr. Swaby commented, asking why would the Board deny Xerox use of
the Dohohoe property due to the performance of previous tenants?

He

wants to protect the neighborhood with a stipulation of no more than
20 people and/or cars in the variance.
Chairman Arcate voiced concern that Xerox could eventually become
the owner.

He would like a limit put on this variance along with a

limit on the number of cars or the number of people hired.
Mr. Gorton of Xerox Corporation said quietness on the property during
evening hours^is assured, along with keeping the property well-maintained.
He would see to it that good relations with neighbors in the area will
be maintained.
Mr. Ceconi asked if any security guards would be on the property.
Mr. Catelli replied in the "negative.

The mansion would have mechanical

house detectors only.
Chairman Arcate suggested that the Board Consider the following stipulations as
a requirement in granting the variance:

;\

1. Sane tenancy would be allowed, but no change of ownership, v

^ „ :.

�7.
2. Occupancy of the mansion may not exceed 20 people on a normal or
consistant basis.
•

3. Xerox would guarantee the maintenance of egress of neighboring owners.
4. . Trash collection, vendors and others must adhere to "neighborhood hours
and avoid noise in normal residential quiet hours.
:

5. A statement from Mr. Leyden to the Building Inspector with a copy of

the conditions of the lease (excepting the cost to Xerox). This is to inform the
Village to know who is responsible for the property. Mr. Lyden replied he would
comply.
6. Parking areas will be designated so as not to block the road, or
access to the road.
A proposal was then made to grant a variance, with the above stipulations,
Section 62-2 and 62-40c of the Zoning Code, by Ed Swaby and seconded by Martin Ruane,
and was unanimously carried.
In closing, Chairman Arcate suggested to Mr. Ceconi that he draft a proposal
for possible use in granting of variances for various time limits.
All Board members approved the minutes of the previous meeting.
Amotion was made to end this evening's session by Frank Paolantonio, seconded
by Martin Ruane and carried unanimously. The hearing adjourned at 10:50 P.M.
Respectfully submitted,

linda Fukuchi
Acting Clerk

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