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                  <text>North Tarrytown Zoning Board
August 31, 1982
Village of North Tarrytown

•p

Present: Edward Swaby, Vice-Chairman
Aldo Cecoiii
Martin Ruane
Frank Paolantonio
Victor Page, Building Inspector
Robert Ponzirii, Village Attorney
The North Tarrytown Zoning Board of Appeals held a public hearing
on Tuesday, August 31, 1982 to consider:
(1) The request of Patterson and Lynne Shafer, 124 Hunter Avenue,
North Tarrytown, N.Y., for,an appeal from the Building Inspector's
decision in denying the Shafers a permit for the erection of a two-car
garage in that same garage would be in violation of Section 62, subsection 8B, paragraph 7 of the Zoning Ordinance, as the garage would
violate the required 25ft. setback from the rear lot line of the
property.
(2) Also to consider the request of Stephen and Patricia Maceyak,
13 Elm Street for an appeal from the Building Inspector's denial of a
permit for the erection of a swimming pool as it would violate Section 62,
subsection 17, paragraph B of the Zoning Ordinances, as this pool would
be erected within 5ft. of their easterly and westerly property line
instead of the required 10ft. sideyard setbacks.
Vice Chairman Swaby called the meeting to order at 8:10 P.M.
The
clerk then read the public notice of the Shafer's request to all present.
Mr. Swaby asked if anyone "present wished to address the Board regarding
this request.
Mr. Shafer addressed the Board and told how he wished to add a
bedroom to their house, which would be constructed off of their kitchen,
and with another bedroom above, and a 2-car garage. It is the garage
for which a variance is being sought. As their lot is triangular, it
restricts the use of their land"and how they are able to build on an
addition. Mr. Shafer explained they would continue the outer decor on
the new rooms in the same style as the house is in now, and that the
lot would remain basically unchanged.
Mr. Schafer read a letter to the Board members from neighbors
Thomas and Gail Brown saying they were in favor of the proposed house
expansion by the Shafers. He also presented a list of signatures from
all neighbors within 200ft. of the house, and of other neighbors inJthe
area showing their acknowledgement: of tonight's meeting and that they
have no objection to the Shafer's plans for the 2-car garage. Mr. Shafer
said the site plans were in the hands of Mr. Page.
Mr. Beck of 115 Hunter Avenue, asked that the Board grant the
variance to the Shafers.
At this point, a motion was made by Mr. Paolantonio to close the
public hearing, which was seconded by.Mr. Ruane, and was carried by a
unanimous vote. The Board then went into a closed session.

�Mr. Paolantonio noted the difficulty of working with a lot shaped
such as the shafers, and that they were limited by this factor. He
voiced a strong approval for granting the variance. The Board temporarily
suspended a decision while Mr. Ponzini verified some legal matters. The
Board then returned to public session after Mr. Ruane made such a motion,
which was approved by all.
The Clerk read the public notice to all present regarding the request
from Mr. &amp; Mrs. Maceyak. Mr. Page explained to all how the Maceyak's lot
has a narrow 26ft. lot and is unable to meet the 10ft. sideyard'setback.
His lot is of an unusual size, Mr. Page noted. The pool would be
approximately
35ft. from the back property line, and pool would measure
18'xl2I and would be 4ft. deep.
Mr. Maceyak presented a list of signatures from neighbors within
200ft. of their residence, showing no objections to the pool. At present
they have an 8ft. high fence around their lot. A fence will also be
built around the pool. This pool will have retractable steps which can
be locked into place, making the pool inaccessible.
Mr. Ruane made a motion to close the public session and enter into
private, which was seconded by Mr. Paolantonio.
Vice-Chairman Swaby asked if there were any further items to
consider regarding the variance for the Shafer*s lot. No further comments
were made. He then said as the Board is in favor of granting the
variance, a motion was needed. Mr. Paolantonio made the motion, which
was seconded by Mr. Ceconi and the vote was unanimous.
The following was drawn up as the basis on which the variance was
granted by Attorney Ponzini.
"Whereas Lynn and Patterson Shafer have applied for a variance from
Section 62, subsection 8B, paragraph 7, requiring a 25V setback from a
rear line and whereas, said applicants have sought permission to construct
a 2-car garage, and
Whereas, there are practical difficulties in the way of carrying
out the strict letter of said provisions of the Zoning Ordinance of
North Tarrytown, and
Whereas, the strict application of the ordinance would deprive the
applicant of the reasonable use of said property, and
Whereas, due notice having been served and no residents or property
owners within 200 feet having objected at the public hearing on said
application,
Now therefore be it resolved:
That the application of Lynn and Patterson Shafer be granted,
permitting the erection of a ^?c a r ; garage oh the southeast corner of the
property designated'as Section :14, Block 4, Lot.l W on the Village Tax
map within 5' of the property line of said property. Said construction
subject to the continuing approval of the Building Inspector and the
Zoning Code of the Village of North Tarrytown.
Mr. Ceconi asked that the following be put in the minutes.

�* \

*
- 3 -

•

Congratulations to both Ed Swaby and John Arcate (in absentia) on
becoming grandparents.
#

The Board then started discussing the Maceyak's application for a
variance. Mr. Ruane entertained the motion to grant the variance,
which was seconded by Mr. Paolantonio, and the vote was unanimous,
based on the following written decision drawn up by Attorney Ponzini:
Section 62, subsection 17, paragraph B:"Now therefore be it ;
resolved that the application be granted permitting the erection of a
swimming pool not to exceed 15' in diameter and not less than 5' from
the westerly line: of5;said,property designated as: Section 15, Block 6,
Lot 15 of the Official Tax Map of the Village of North*Tarrytown.
Such variance shall b^e further conditioned on^continuing cooperation
with the Building Inspector arid"compliance with the Zoning Code of the
Village of North Tarrytowri. Futhermore, said variance 'is personal in
nature to the applicants herein; that upon sale,.transfer, lease or
devise of the property, said variance•shall terminate automatically by
operation of law and such successors in interest shall be required to
remove said swimming pool without notice."
Mr. Ruane made a motion to accept the minutes of the Board's last
meeting.
There being no further business, Mr. Paolantonio then made amotion
to end tonight's meeting at 10:00 P.M. which was seconded by Mr. Ceconi,
and unanimously agreed upon.
Respectfully submitted,

•

•?•
Linda T. Fukuchi, acting clerk

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