https://sleepyhollow.localarchives.org/files/original/e0e37ee6251469e0295ffae9f5e3fe63.pdf 2d05ac4acf19e6d1df6cbce78068044f PDF Text Text «:•- • * Minutes of Zoning.Board ; September 24,i 1981 Village of North Tarrytown « Present: Mr. John Arcate Mr. Robert Ponzini, Counsel Mr. Aldo Ceconi Mr. Frank Paolantonio Mr. Edward Swaby Mr. Martin Ruane Mr. Victor R. Page, Building Inspector Hearing to decide on variance requested by Mr. & Mrs. Patrick Munroe, 63 New Broadway, North Tarrytown, N.Y. to build an extention on existing back porch. Mr. Arcate called the hearing to order at 9 p.m. on September 24, 1981. Marie Timmings, acting clerk read the Public Notice. Mr. & Mrs. Munroe were not present but'addressed a letter to the Board to.explain that they could not be present for serious reasons. The Monroes provided the Board with signed evidence that their construction plans were made known to all property owners, as required by the ordinance. The Monroe property at 63 New Broadway is nori-. conforming as to size and set back, therefore, a variance is required to build a porch. Being no other persons present, the hearing was closed and the chairman opened a business meeting on the matter. t Mr. Swaby questioned whether or not the proposed porch would be enclosed. Mr. Munroe provided'the Board with plans for his proposed porch which did not indicate that it would be enclosed. The Board decided that if the Munroes wished to enclose the porch, they would require another variance. Mr. Frank Paolantonio made a motion to grant the variance to Mr. & Mrs. Munroe and it was seconded by Mr. Aldo Ceconi and unanimously approved by the Board after it was agreed that the cost of the addition is within the range of cost provided for in the ordinance paragraph 62-25. Mr. Arcate referred to Zoning Code, paragraphs 62-2 and 62-40 and pointed out ^fcthat the Board recognizes that the circumstances have come about regarding ^^the Munroe' s property solely due to a non-conf ormifig lot si'ze arid set back arid that this construction, the rear, will in no way aggravate the situation. Further, the house will meet the land coverage requirement and the rear yard requirements. Mr. Arcate advised the Building Inspector that the Board;finds that permission should be granted to the Munroes to proceed with the construction. Meeting was adjourned at 9:30 p.m. Respectfully submitted, - • z' ' • ' • • - - - / . • • - Marie Timmings, Acting Cl'irk - �VILLAGE "OF NORTH TARRYTOWN, NEW YORK 28 L UP E. Z E G A R E L L I . « AA S J. CAVALIER1. BUILDINGS JANET AVENUE CHAIRMAN AND GROUNDS GANDOLFO. WHITE. GOVERNMENTAL JAMES RECREATION MISS CHAIRMAN RELATIONS. SENIOR J. TIMMINGS. LABOR RELATIONS. DlFELICE. JLIC PUBI AMATO TREASURER AND ASSESS. CHAIRMAN VILLAGE SAFETY SORIANO. LIC W O R K S FALLACARO C LER K IRENE VILLAGE ROBERT J . MARIO MAYOR CITIZENS CHAIRMAN TAX EXEMPT TIMMINGS FILOMENA VILLAGE MRS. JAMES J. DEPUTY CHAIRMAN FINANCE AND DEVELOPMENT. MARGARET BEEKMAN MAYOR CHAIRMAN INCORPORATED 1074 30 October 1981 Mr. & Mrs. Patrick Monroe 63 New Broadway No. Tarrytown, N.Y. ^ Dear Mr. & Mrs. Murrroe: After public hearing and due deliberation, the Zoning Board of Appeals at a meeting held on September 24, 1981,, granted^you a variance from Section 62, Subsection 8B, paragraph 5 of the Zoning Ordinance of the Village of North Tarrytown, to construct an extension to an existing rear porch on property known and designated as Section 17, Block 19, Lots 23-24A, on premises located at 63 New Broadway, North Tarrytown, N.Y. Sincerely, .4 '4*C«-*^s Filomena Fallacaro Clerk cc: Building Inspector "where the Headless Horsemen rode" PONZ1NI COUNSEL �(INorth Tarrytown Zoning Board September 24, 1981 Village of North Tarrytown Present: Mr. Edward Swaby, Chairman (due to Mr. J. Arcate's absence) Mr. Mr. Mr. Mr. Aldo Ceconi Frank Paolantonio Martin Ruane Victor Page, Building Inspector The hearing was reconvened and called to order at 7:35 p.m. chaired by Mr. Edward Swaby, this hearing continued the hearing on the request for a variance by Capozza Realty Corp. (Mr. Frank Capozza). Mr. Frank Capozza sent registered letters to the owners of the adjacent properties and the Village of North Tarrytown has received verification that Cooney Bros., Mr. Johnson, and Sleepy Hollow Custom Kitchens were advised of Mr. Capozza's intention to construct an addition on his existing building. Mr. Swaby then read a letter the Board received from the North Tarrytown Fire Department (copy attached) stating their opposition to this variance. They request that the Board not approve this variance until Mr. Capozza complies with their request to construct dikes around the fuel tanks. All the members of the Zoning Board in attendance agreed that the Board only had to be in receipt of notification that the property owners adjacent to 11 River Street have been notified of Mr. Capozza's intentions; and, that the Fire Department's request was of no concern to the Board but was an entirely separate matter which should be dealt with by the Fire Department Hearing was closed and a business meeting was called to order. Mr. Ruane made a motion, seconded by Mr. Ceconi, that since the Board has received verification that Mr. Capozza has advised adjacent property owners of his intent as the Board requested, that it now grant the variance, for the reasons stated at the meeting on September 24, 1981. The motion was unanimously approved by the Board. Mr. Swaby asked if the Board wished to take any further action regarding the request made by the Fire Department. Mr. Ceconi said that the Board should advise the;Fire Department that they take the matter of dikes up with the New York State Environmental Regulatory Commission. The Board agreed this was the best action to take. Mr. Swaby made a motion to write to the Fire Department (copy of letter attached), seconded by Mr. Ruane and unanimously approved. Fire Chief Hennessey came into the meeting at 8 o'clock and he was informed of the Board's decision on the variance and of their intention to write a reply to the Fire Department. • • v.ti.VjAlfei.-KrJF.' r,-^T '^^^£^^i-^-X'4^^£$^^^^^^^'^'^s^-^^^^^^^c^'^^^^^M' �-2- Motion to adjourn at 8 o'clock was made by Mr. Paolantohio and seconded by Mr. Ruane. .Respectfully submitted, Marie Timmings, Acting^Clerk copy of Fire Dept.. letter attached copy of Board's reply attached �A2> Minutes of Zoning Board September 24, 1981 Village of North Tarrytown • Present: Mr. John Arcate Mr. Robert Ponzini, Counsel Mr. Aldo Ceconi Mr. Frank Paolantonio Mr. Edward Swaby Mr. Martin Ruane Mr. Victor R. Page, Building Inspector Hearing to decide on variance requested by Mr. Frank Capozza of Capozza Realty Corp., 11 River Street, North Tarrytown, N.Y. to build an extension above existing structure. Mr. John Arcate called the hearing to order at 8:10 p.m. on September 24, 1981 Acting clerk, Marie Timmings read the Public Notice. Mr. Frank Capozza, Bellwood Avenue , North Tarrytown, N.Y. was recognized as well as Mr. Charles Riley, Surveyor, 21 No. Broadway, Tarrytown, N.Y. Mr. Capozza explained that he wished to build an office for himself above the existing building ;on River Street. Site plans were distributed by Mr. Arcate to members of the Board;'site plans were drawn up by Mr. Riley. At the request of Board members Mr. Frank Paolantonio and Mr. Edward Swaby, Counsel Robert Ponzini advised that as to those members who are customers of Frank's Oil, there was no conflict of interest in this case nor would there be any profit made from granting or not granting this variance. • Mr. Swaby questioned the reason for the non- conformity. Mr., Capozza's building at 11 River Street is non-conforming due to set back. This is because he deeded front yard property to the Village in 1952 or 1953 in order for the road to be widened. It is the result of this that his property has less than the required 20-foot set back. Mr. Capozza received a variance in 1970 and "expanded the structure in question to include an office; this expansion was a lateral extension. Mr. Ceconi questioned Mr. Capozza as to whether or not he had provided , written evidence of notice from all owners within 200 feet of hisproperty, (Code requirement; paragraph 62-44). Mr. Capozza advised the Board that he had received a written statement from Mr. Cooney, which he showed to Mr. Page, indicating that he knew of the plans. This letter was not available. Further, Mr. Page advised that two other private property owners required notice. The Chairman advised Mr. Capozza and Mr. Riley that the hearing would be suspended pending their providing(the Board-with*evidence of notice to property owners. Both Mr. Capozza arid Mr. Riley said they would comply with Mr. Arcate's request. Mr. Ceconi questioned whether the Fire Department had any objection to|the i proposed addition. He was informed-by Mr. Page that the Fire Department did 'not register any objection and that the addition would comply with safety ^ wisiar- *s >jvav.t ^.' .<L:^- * , - i €.J?Jj?^^~fC^£:Mii£~&k£&%ivi:^ �regulations. Mr. Ponzini noted that there is a fire hydrant nearby. questioned, Mr. Capozza said the addition would be made of masonry. When The question of sufficient parking was brought up. Mr. Capozza advised that there is sufficient parking in front and in back of the building. There are four employees in his office. The hearing was then suspended and the chairman opened a business meeting. Mr. Ceconi felt the Board should grant Mr. Capozza a variance. Mr. Arcate quoted from the Zoning:Regulations, 62-25, Alteration or extension. (Page.6246) pointing out a limitation of a structural alteration. Mr. Capozza advised the Board that the approximate cost of his proposed addition would be $25,000. Mr. Arcate advised the Board that he felt this was a unique situation because of the circumstances at the site brought about by the owner transferring land to the Village which would otherwise have made his property conforming. Mr. Arcate also said the.proposed construction would hot ih any;way violate or adversely affect the particular circumstances of the property., He also noted that there were no parties in objection and that, beyond this, no other parties appeared at all. Mr. Capozza was advised that he must present written evidence that the property owners within 200 feet of 11 River Street have been advised of his proposed construction. It was suggested that he send a registered letter to the four owners concerned. Mr. Capozza advised the Board that he would take this action immediately. Mr. Arcate listed cited regulations from the. Zoning Regulations?-of the '{•. Village of North Tarrytown which would'be favorable to the Board deciding for the foregoing request. TEe regulations specifically referred to are 62-2 and 62-40. Mr. Swaby stated that he felt this proposed variance - would "seem to be. within the requirements of the ordinance and the limitations of a non-con forming building. ' ,; . . _;..-:. Decision regarding variance wil1 be held off until the Board receives T evidence that adjacent property owners have been advised of construction plans. A tentative date for the continuation of the hearing was set for Wednesday, September 30, at 7:30 p.m. The minutes of the previous meeting were adopted. The meeting was adjourned at 9 p .m. and seconded by Mr. Ruane). (Motion was made by Mr. Paolahtonio Respectfully submitted, Marie Timmiiigs, Acting dferk �A - ' o ^ t e <L*ye<s VILLAGE OF NORTH TARRYTOWN, NEW YORK 28 BEEKMAN AVENUE ILIP E. 2 E G A R E L L I . MAYOR * ES J . TIMMINGS. CHAIRMAN F I N A N C E A N D DEVELOPMENT. FIRE JAMES J . TIMMINGS JANET GANDOLFO. CHAIRMAN DEPUTY G O V E R N M E N T A L A N D LABOR RELATIONS MISS FILOMENA M A R I O D l F E L I C E , CHAIRMAN POLICE AND LIGHT PETER S O R I A N O . P U B L I C WORKS MAYOR FALLACARO V I L L A G E CLERK MRS. CHAIRMAN IRENE AMATO V I L L A G E TREASURER ROBERT J . PONZINI T H O M A S J . C A V A L I E R I , CHAIRMAN RECREATION A N D P A R K S . WATER A N D SEWER VILLAGE M A R G A R E T W H I T E . CHAIRMAN SENIOR C I T I Z E N S . P U B L I C SERV. A N D C U L T U R E INCORPORATED 1874 October 5, 1981 Chief William HennesseyNorth Tarrytown Fire Department 28 Beekman Avenue North Tarrytown, N. Y. 10591 Dear Chief Hennessey: We have received your letter of September 26, 1981 regarding the variance requested by Capozza Realty Corp. (Franks Fuel). The Zoning Board of Appeals has discussed your letter and has found no reason to warrant withholding the variance which Mr. Frank Capozza has requested. Your concerns were quite clear to all members of the Board and the feeling was that this is probably a matter for the New York State Environmental Regulatory Commission. The concerns which you raised are serious and it is our suggestion that you contact the above agency. Sincerely, Edward Swaby, Member, for Zoning Board of Appeals ES:mt "where the Headless Horseman rode" COUNSEL � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1981 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1981-09-24 Subject The topic of the resource Zoning Board Minutes & Resolutions-1981 Date A point or period of time associated with an event in the lifecycle of the resource 1981 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text