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                  <text>North Tarrytown Zoning Board
January 21, 1982
Village of North Tarrytown
Present

t4

Mr. John Arcate, Chairman
Mr.
Mr.
Mr.
Mr.
Mr.

Aldo Ceconi
Frank Paolantonio
Martin Ruane
Edward Swaby
Victor Page, Building Inspector
Mr. Robert Ponzini, Village Attorney

The North Tarrytown Zoning Board;of Appeals held a public
hearing on Thursday, January 21, 1982 to consider.the request of
Mr. Imre Poor of 151 Harwood Avenue, North Tarrytown, N.Y. for an
appeal from the Building Inspector's decision in denying the Poors
a permit for the erection of a swimming pool which would be in
violation of Section 62-8, paragraph B7 of the Village's Zoning
Ordinances, as the pool would have a setback of 11.92 feet instead
of the required 25 ft. setback.
Chairman Arcate called the meeting to order at 8:10 P.M. and
asked if anyone present wished to address the Board.
Mrs. Joseph Finnegan of 154 Farrington Avenue, addressed the
Board and voiced her opposition to the Poor's pool. Mrs. Finnegan
feared that since this is an above ground pool, and should the
pool become damaged, water would "cascade" into her kitchen and
basement as there is no protection between her lot and the Poor's
property.
Mr. Joseph Finnegan asked that the Board not grant the appeal,
as the above ground pool does not enhance the neighborhood, and
asked that the Board continue to keep Philipse Manor as it is.
Mr. James Margotta, 25 Merlin Avenue, said the village needs
a stronger code for pools. With above ground pools, do we know how
much wood is needed to support a pool? Is the design of the pool
safe? Do these pools crack easily?
Mr. Imre Poor asked the Board to please.grant the permit, saying
he would be sure all safety measures would be taken. Should any
damage occur to neighbors' properties, he would pay for any such
damages. He was unaware that a building permit was needed.
Chairman Arcate asked Mr. Poor if he had;signatures from .
surrounding neighbors allowing the pool's construction. Mr. Poor
gave a list with two neighbors signatures and told the Board no other
neighbors had voiced any opposition.
Chairman Arcate expolainecT to?Mr. Poor-that the code ^required
signatures from all neighbors within 200 feet of the Poor's residence
must be given as written evidence that they were aware of theJ hearing.

�-2Proof of registered letters (receipts) from the Post Office
indicating all such.parties had received'notice of the intended
plans by the Poors for the pool.
Board member Mr. Ceconi asked whether Mr. Poor had understood
these ground rules in applying for ahrappeal.
Chairman4Arcate said \tonight's meeting could serve no purpose
until they had evidencefthat the%Poors had met this ruling.
Attorney Ponzini explained that the Board could not legally allow
or handle the matters presented tonight.
At 8:35 P.M. the Board went into their business meeting
session.
. Chairman Arcate said it was clear that the notice was
sufficiently explained to the JEJoors prior to.tonight's meeting, ;
but that the Poors had come inadequately prepared. There were two
options: (1) deny the application, or-(2) suspend tonight's hearing
and resume at a later date. A special hardship is needed in granting
a variance.
Mr. Swaby said that he saw no'evidence of hardship or special
topographical conditions at the Poor's lot.
Chairman Arcate then said as code requirements had not been met,
the application was incomplete and must be denied.
Mr. Swaby made a motion that the Board dismiss the Poor's
application for an appeal to obtain a building permit due to an
incomplete application and lack of sufficient evidence to justify
the granting of a variance. The Board voted to deny the appeal .;.,
unanimously as failing to satisfy paragraphs 62-2, 62-25 and 62-40 of
the code.
A motion was then made by Mr. Paolantonio and seconded by
Mr. Ruane to accept the minutes of the previous meeting. All voted
in favor.
Mr. Swaby read the ruling'from the Zoning Board's Rules and ,
Ordinances on swimming pools, and said he felt the Village Board of
Trustees should be referred to this ruling, which needs to be clearer.
Mr. Margotta said he felt the Building Inspector needs to be given
more details to go by when permits are submitted for pools. He
suggested that plans on how a pool will look once installed be required
as a means of quality control.
There being no further business, Mr. Paolantonio made a motion to
adj ourn tonight's hearing, which was seconded by Mr. Ruane, and
unanimously passed.
Respectfully submitted,
(^UU^U-^L.

#

Lirida T. Fukuchi
Acting Clerk

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:-^H?£^li&amp;^-w^k»ji*^M^^&amp;Bk^^-*isii^^^^^^^^^^^

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