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                  <text>North Tarrytown Zoning Board of Appeals
September 30, 1982
Village of North Tarrytown, N.Y.
Present:

[(f

John Arcate, Chairman
Aldo Ceconi
Frank Paolantonio
Martin Ruane
Victor Page, Building Inspector
Robert Ponzini, Village Attorney

The Zoning Board of Appeals of the Village of North Tarrytown
held a public hearing on Thursday, September 30, 1982, to consider the
request of Paul Kyriakides, 13 Barnhart Avenue, for an appeal from a
decision of the Building Inspector that denied a permit for erecting a
two story extension to the rear of the house, as it would have violated
provisions of the Zoning Ordinance.
Chairman Arcate called the meeting to order at 8:10 P.M. The clerk
read the public notice to all present. Chairman Arcate then asked if
anyone wished to address the Board.
Mr. Nick Mascia, of 53 Rosehill Avenue in Tarrytown, who drew the
plans for the Kyriakides spoke for him. He told the Board that the
extension to the house would beautify both the interior and.exterior of
the building. He said the Kyriakides family need an additional bedroom
for their children and a dining room.
All Board members carefully studied the floor plan.
Chairman Arcate noted that the Board required evidence, to hold a
valid hearing, of notice to,all property owners within 200ft. of the
Kyriakides residence. Mr. Kyriakides said he and his wife had circulated
a notice to all such neighbors, which they had signed, and that the list
had been given to the Village Clerk. That was then shown to Chairman
Arcate and the Building Inspector, and was determined to be satisfying
the Code's requirements.
Chairman Arcate also acknowledged that no one was present to contest
the variance.
Chairman Arcate asked if the failure of granting the variance would
cause a hardship. Mr. Kyriakides said yes, it would cause a hardship as
it would not be practical to extend the house within the side yard
requirements.
The extension being sought would cover more than 35%, the maximum
permitted yard coverage, and would violate the side yard requirement of
the Zoning Ordinances. The side yard requirement by the Village Codes in
this case would be 5 feet on one side, and 15 feet altogether. The
Kyriakides house at present has only 3 feet on one side, 1 foot on the
other side, for a total of only 4 feet.
The Village Building Code calls for a minimum rear setback of 25ft.
In the plan shown for the extension on the Kyriakides' lot, the rear

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�setback would be 32ft. As the rear yard requirement would be met, and
there is no residence behind the Kyriakides house, the addition being
sought would not change or alter meeting Zoning Board Section 62-7B.
It was then asked if this addition would increase the value of the
building by 25%, as by Section 62-25A this is not allowed. The Building
Inspector advised the Board that such an increase in value would not
occur thus meeting the aforementioned regulation.
Attorney Ponzini asked if anyone who had signed the petition had
said they were against the proposed construction? Mr. Kyriakides
replied no.
Chairman Arcate then moved to close the public hearing, which was
seconded by Mr. Ruane, and carried by a unanimous vote.
Business Meeting
Mr. Ruane made a motion that the Zoning Board•ofrAppeals grant the
variance being sought to Mr. Kyriakides of 13 Barnhart Avenue, North
Tarrytown. Mr. Ceconi seconded the motion, and it was carried
by a
:
unanimous vote.
. - " .
This variance, said Chairman Arcate, was granted on;the basis of
evidence in accordance with Section 62-40-C, subparagraph 1. As there
are special circumstances pertaining to this building, and due to the
narrowness of this lot, this is the only means of extending the house.
Extending the house along its present
sidewalls is the most preferable
:
way for achieving the additional space needed. The rear yard setback
required is 25ft., which will be exceeded, at 32ft.
Such relief can
be granted without causing hardship to the public in accordance with
the code paragraphs 62-2, 62-25 and 62-40.
The business session continued, and Chairman Arcate asked if there
was any old or new business for the Board to consider.
Chairman Arcate then brought to the attention of all Board'members
a letter received from Mr. Giovanni Volpacchio who wishes to cut the
curb in front of his lot for a 32ft. entrance to his driveway. This
32ft. curb cut request is 7ft. over the 25ft. allowed.
Attorney Ponzini then read to all Board members Section 62-14,
which provides that driveway curb openings may not exceed 25 feet.
It was decided that the Board will answer Mr. Volpacchio's letter
and if he so wishes, he may apply for a variance.
There being no further business, a motion to adjourn the meeting
at 9:15 P.M. was made by Mr. Ruane, seconded by Mr. Ceconi and was
carried by a unanimous vote.
Respectfully submitted,
€ • 1

•i

,

. r ^ - 9 .

/,

Linda T. Fukuchi, acting clerk

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