https://sleepyhollow.localarchives.org/files/original/49fd1107405558c3bf08e9a191d2d9c1.pdf 494637446ec33c9e71794d0eff6dc0b4 PDF Text Text NORTH TARRYTOWN, N. Y. February 10, 1983 A meeting was held before the Zoning Board of Appeals of the Village of North Tarrytown, N.Y. on the above date. Present John Arcate, Chairman Edward Swaby Martin Ruane Aldo Cecohi Victor Page, Bldg. Inspector Robert Ponzini, Counsel Chairman Arcate called the meeting to order at 8:15 P.M. The Zoning Board of Appeals of North Tarrytown Held a public hearing to consider the request of Dr. Murray L. Schole of 487 Munroe Avenue, for a determination of the Zoning Board to permit the maintenance and present use of the porch located on said property wtiich is now in violation of the setback and side yard requirements provided for in Section 62-8B of the zoning regulations of North Tarrytown. The clerk read the Board's public notice of hearing to all present. Attorney Edward J. Picco, representing Dr. and Mrs. Schole, submitted a list to the clerk of all property owners within 200ft. of the Schole residence, certifying they had been advised of the variance being sought by Dr. and Mrs. Schole. Mr. Picco explained that when they purchased their house in 1956, their property was divided into two distinct and separate parcels of land, and is so stated on their title and deed. He went on to explain that approximately 20 years ago, the then -i existing porch was replaced, (Building Permit). A new porch was built, two feet larger than the original porch. It was noted that the house was built in 1946. Mr. Picco related how the Town of Mt. Pleasant consolidated the 1 Schole s two parcels of land into one lot in a revaluation in 1962. A variance is being sought so that the porch will not violate the setback and sideyard requirements of the lot the house is on if it is found that two lots exist. Mr. Ceconi asked if the house had originally been built in violation to the then zoning regulations, to which Building Inspector Page replied as the Scholes owned the adjoining lot there would have been no question. Donald Steever, of 157 Millard Avenue, offered several of his thoughts: .,--*.-- i -. (1). Is it a question of law as to whether the Board is dealing with two lots that have been merged"into one, or are there two lots ? If it is one lot,; shouldn'-1 the Scholes appeal to the Planning Board? He noted that the house is situated on the property it seems to be on only one lot. �-2(2). As the Schole's house is a substantial one, and in character with the neighborhood, he would hate to see this change should a sub-lot be sold. Robert Rogero, of 508 Munroe Avenue, addressed the Board. He said he is not against Dr. and Mrs. Schole being granted the variance, as he feels they wouldn't sell the sub-lot, but if someone else should buy their property in the future, they might try to sell the sub-lot, thus altering the neighborhood. Dr. Schole noted both of his lots are 75' x 150', and that there are smaller lots in Philipse Manor. Building Inspector Page said if the lot is divided into two sublots there will be less than one foot between the porch and the property line, which does not meet requirements. Chairman Arcate said the offered basis for proof that the Scholes have two lots of land is their title, deed and letter from the Town of Mt. Pleasant. Yet, what is the legal basis of sub-divisions? The Schole's property has been shown as a single parcel of land. What is the legal basis to determine whether we are dealing with a one or two parcels? Is the deed from 1914 a legal claim to a sub-division? And if so, isn't a map of 1914 needed? Mr. Ceconi noted the possibility that the house might have been built in violation to begin with, and that due to the building that occurred, maybe the two lots were "forced" into one lot. Chairman Arcate noted that the Board is aware of and in charge of enforcing the zoning rules of today. Yet, the Board should: (1). Know if the lot was sub-divided originally; (2). If so, were the two sub-divisions under common ownership; and (3). Consider whether these are valid grounds for the Zoning Board to grant a variance. Chairman Arcate asked if any hardship can be shown should the variance not be granted. Dr. Schole replied he felt that without the variance his house would be devalued should he ever need to sell land in the future. Chairman Arcate acknowledged Dr. Schole's position, but reminded him that the Zoning Board must follow the code in doing it's job. Dr. Schole mentioned it is also a hardship for him to be unable to use his second lot for any purpose other than his own. Chairman Arcate asked for a motion to end the public hearing, which was made by Mr. Swaby, and seconded by Mr. Ruane. BUSINESS MEETING v Chairman Arcate called the business meeting to order. Chairman Arcate asked for a motion to accept the minutes of the prior meeting, which was made by Mr. Ceconi, seconded by Mr. Ruane and approved. r ft >;i-i a* i ^ ^ - W ^ ^ �-3Mr. Swaby as a basis for of value, with Philipse Manor said he could not see an economic hardship in this case granting a variance. The Schole's house would still be one lot or two. He did note that the original intent for was to make the area as spacious as possible. Chairman Arcate asked Mr. Page if he could determine what the rear yard requirements were when the house was built in 1946, to which Mr. Page said yes. Mr. Ponzini said the Board needs to know what the building requirements were in 1946, and whether the Schole's have two buildable lots. Chairman Arcate said tonight's issues could be looked at as: (1). Yes, there are two lots, and a variance can be granted. (2). Yes, there are two lots, but the Board cannot grant a variance. (3). Make no decision tonight, and postpone a decision until more ' information is obtained. Mr. Page asked if the Board could postpone the decision .to a later date so he might obtain all needed past information from the Village's vaults. It was decided to adjourn tonight's business meeting and hold a second meeting within 30 days upon advice from Mr. Page that he has completed all necessary research of the Schole's lot(s). Mr. Swaby asked Dr. and Mrs. Schole to please see if they could find an original map made in 1914 of Philipse Manor through the Philipse Manor Association to show the original sub-division of their property into two lots, as their deed is dated 1914. Chairman Arcate asked for a- motion to adj ourh^tonight' simeetihg at 9:30 P.M., which was made by Mr. Swaby, and seconded by Mr. Ruane. Respectfully submitted, •••--.>*,. .- - --'--*-•„ ^ T Linda T...- Fukuchi Acting Clerk � 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-1983 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_1983-02-10 Subject The topic of the resource Zoning Board Minutes & Resolutions-1983 Date A point or period of time associated with an event in the lifecycle of the resource 1983 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