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                  <text>Minutes of Zoning Board meeting of December 17, 1981
Present:

Mr. Edward Swaby, Presiding in absence of Mr. John Arcate
Mr. John Tucciarone, Attorney
Mr. Victor Page, Building Inspector
Mr. Martin Ruaiie
Mr. Frank Paolantonio
Mr. Aldo Ceconi
Meeting was called to order at 8 p.m. and the Public Notice was read.
Hearing was held to consider an appeal for a variance by Mr. David
Freyler.
Mr. Freyler proceeded to explain the type of business he hopes to
operate. It will be a small family business run by Sylvia, David,
and Dennis. There is to be a United Parcel pick up service, handcrafts , and restoration of furniture. Mr. Freyler also presented
evidence that property owners adjacent to his property were notified
of his request for a variance.
Mr. Swaby read a letter written by Victor Page, Building Inspector,
advising David Freyler that the building at 38 Beekman Avenue was
non-conforming.
David Freyler explained that his furniture refinistiing will be done
without the use of flammable materials. He will conduct his business
within the legal limits of the Building Code.
The Attorney, Mr. Tucciarone, questioned Mr. Freyler as to whether or
not he would be doing any sanding. Mr. Freyler said he would not use
machines and would use only water-based stains on the furniture
restoration.
Mr. Ceconi asked Mr. Freyler why there was a spray .booth*;in the site
plan. Mr. Freyler explained that after advice from Mr. Page regarding
restrictions on the building, he decided to do his spraying outside
the Village limits.
Mr. Tucciarone brought up the question of customer parking.
Mr. Freyler advised that he has received written permission from'Mrs.
Irene Callas and from Mr. John M. Braria to use three*parking spaces
in each of their lots (corner of Broadway and Beekman Avneue, next to
Municipal Building and lot next to Post Office). Parking facilities
will be within 60 yards of 38 Beekman Avenue.
Mr. Swaby remarked that Mr. Freyler's requirements are substantially
different from those in the^original application for a variance, i.e.
spray booth in cellar and United Parcel Service pick up and delivery.
Mr. Freyler explained that after receivingllr. Page's;letter stating
restrictions on non-conforming;building, he changed his plans to
eliminate the spray booth and UPS will be only a pick-up service.

�-2Mr. Victor Page advised David Freyler that there should be some changes
and additions to the building so that it would conform to the Building
Code; the front door should swing out and there should be a fire wall
along the stairway from the first to second floor.
Mr. Swaby asked if there were any people in the audience who wished to
speak.
Mrs. Cora Falber, 32-34 Beekman Avenue (Ross Hardware) spoke for David
Freyler and said she had no objection to his business.
Fire Chief William Hennessey spoke for the Fire Department and'stated
that they were interested in exactly what type of refinishirig material
will be used in proposed furniture restoration. He also questioned
whether there would be any sawdust and stated that if there is a water
heater with an open flame, a dangerous situation*would exist.
Mr. John Holson, owner of the Sleepy Hollow Deli, 23 Beekman Avenue,
spoke in favor of David Freyler's business.
Mr. Duarte Oliveira, 36 Beekman Avenue, spoke and expressed his
concern over the fact that David Freyler had used the driveway which
belongs to Mr. Oliveira's property and he insisted that this is not
to happen again: He is concerned about parking in front of his building
even though there is a space with a NO PARKING restriction posted.
Sylvia Freyler said that Mr. Brana (lessor) was aware of how the
building was going to be used and that the Freylers had hot heard from
Mr. Page regarding objections until December 17. She said the Building
Inspector should have advised them of the objections as soon as he knew
of their business plans.
Mr. Tucciarone advised the Board that they could act on the variance at
this time providing the spray booth be eliminated from the site plan and
that the UP Service would only use 38-Beekman Avenue as a pick up point;
also that David Freyler comply with the stipulations Mr. Page mentioned
so that the building would be in accordance with the Building Code. The
Attorney also asked for a copy of the lease and specified that David
Freyler correct his petition to indicate the elimination of the spray
booth and the change in the United Parcel service.
Hearing Closed.
Mr. Swaby advised that the Board would now conduct their business session
and informed the audience that they would only be permitted to listen.
Mr. Martin Ruane said that he felt.if Dayid-Freyler would comply with the
necessary conditions set forth by the Building Inspector and if he would
act in accordance with Mr. Oliveira's wishes, the Board should grant
the variance.
Mr. Frank Paolaritonio is concerned about the United Parcel pick up and
the problem of possible double parking.

�-3-

Mr. Swaby asked that a motion be made regarding variance.
#

Mr. Ruane made the motion, seconded/by Mr. Paolantonio, that David
Freyler be granted the variance subject to the requirements which
have been set forth as well as the submission of a;lease for consideration
by the Board; that David Freyler's petition indicate permission for
parking spaces and the elimination of the spray booth and the limitation
of UP service to only pick-up service.
Also, that the petition indicate that the business will be handcrafts
and furniture restoration which will not utilize any big machinery now
or at a future date and that David Freyler operate his business in
accordance with his one-year lease.
The variance will only apply as long as this business is run by Mr. David
Freyler.
This motion has been made in accordance with Code provisions, naragraphs
62-2, 62-25 and 62-40.
Motion carried unanimously.
Charles Freyler asked when they could open for business; he was informed
that they could open immediately.
Meeting adjourned at 9:30 p.m.
Respectfully submitted,

- Q"
Marie Timmings

'

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