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                  <text>Zoning Board

North Tarrytown, N.Y.
June 16, 1981

A hearing was held before the Zoning Board of Appeals on
June 16, 1981.
Present:

Edward Swaby, Vice Chairman
Frank Paolantonio
Martin Ruane
Victor Page, Building Inspector

Mr. Swaby called the meeting to order at 8:20 P.M.
• As tonight's hearing? was a resumption of May 19th's hearing, Mr.
Swaby asked that the minutes from the previous hearing be accepted.
Said motion was made by Mr. Paolantonio, seconded by Mr. Ruane and
carried by a unanimous vote.
The Public Notice of hearing was read by Linda Fukuchi, clerk,
to consider the request of Dominick and Diane Gagliardi, of 22 Bedford
Road, No. Tarrytown, to&lt;erect an eight (8) foot fence in height, three
feet higher"than allowed by the Zoning Ordinances.
Mr. Swaby asked Mr. Gagliardi if all neighbors within a 200ft.
radius of his house had been notified of his plans to build this 8ft.
fence. Mr. Gagliardi replied in the affirmative, and submitted
certified mail receipts to the clerk, showing all neighbors had been
notified.
Mr. Gagliardi wishes to enhance his property, as trees on his lot
have been cut down, and there is no privacy at present.
Mr. Swaby asked why an extra 3 feet in height are needed, (the
Zoning Ordinances allow a maximum of 5 feet). Mr. Gagliardi said their
pool is in full view from the street now, and also, that children in
the area walk through his property. At present, their view is of a
service station.
,
Mr. Ruane asked if said fence is constructed, would a neighbor's
view be blocked? Mr. Gagliardi said no, as the fence will run west
from a neighbor's garage to his property, obstructing no one's view.
Mr. Swaby asked if a:5ft. fence would be sufficient due to the
upward slope of Bedford Road. Mr.^Gagliardi said no, as the Exxon;
station would still be visible. Other possibilities were discussed
such as a hedge. Mr. Gagliardi noted that trees can grow taller than
an 8ft. fence.
Business Meeting
Mr. Ruane noted that fas their pool is above ground, he could see,
the need for additional height in-the ;fence. Mr. Page noted that their
terrain is eroding due to children walking on their land, and he concurred with Mr. Ruane /.saying the"fence is needed. Mr. Swaby said that
the fence would eliminate the pool as an "attractive nuisance", and
would be a protective measure.

�-2It was decided to grant the variance for a 5 year period to the
Gagliardis, as long as they remain owners at this property, which must
then be renewed on proper application by the property owner. Failure
to submit a proper application will deem the variance null and void*by
operation of law. .Section 62-40C allows the granting of a{variance due
to exceptional topographical conditions, or exceptional arid undue hardship upon the owner. It is also to prevent intrusion as the Gagliardi's
pool is fully exposed due to their terrain.
The motion to grant said variance was made by Mr. Ruane, seconded
by Mr. Paolahtonio, and was carried unanimously.
&gt; -

There being no further business, Mr. Paolantonicrmade the'motion to
close tonight!s meeting at 8 :55P.M. , seconded by Mr. Ruane and was
carried unanimously.
.
Respectfully submitted,

Linda Fukuchi

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