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                  <text>NORTH TARRYTOWN, N. Y.
March 31, 1983
A meeting was held before the Zoning Board of Appeals of the Village
of North Tarrytovm, N. Y. on the above date.
Present

John Arcate, Chairman
Martin Ruane
Frank Paolantonio
Victor Page, Building Inspector

The Zoning Board of Appeals of North Tarrytovm held a public hearing
and meeting to further consider the request of Dr. Murray L. Schole of
487 Munroe Avenue, for a determination by the Zoning Board of the application of Murray L. Schole which was subject of a hearing and Board meeting
on February 10, 1983.
Chairman Arcate called the meeting to order at 8:25 P.M.
Chairman Arcate acknowledged receipt of a letter from Donald Steever
who had attended the first hearing in regard to Dr. Schole's application
and voiced objection to the variance.
Mr. Joseph Migliarese, builder of several homes in Philipse Manor
during the 1950's and 60's, spoke to the Board, saying he had been one of
the builders of the Schole residence.:
The second stage of the hearing was concluded and the Board went into
a business meeting.
Chairman Arcate^asked when the house was originally built, was it on
one lot or two lots of land?
Dr. Schole explained how he had been approached by a party interested
in buying one of his lots in 1956. Mr. Paolantonio noted an answer was
still needed, was the house originally built on one or on two lots? Chairman Arcate said Mr. Page went back;to the assessment rolls of 1955, prior
to the Schole's purchase of their house. The assessment papers showed the
property listed as Section 14, Block 16, Lot 1-L in the name of Quiriri, .52
acres. There was no other lot listed.
Chairman Arcate said he thus had to conclude that from the village
records the house was and is on one lot, and thus a variance would not be
needed. He then asked for comments from all present.
Dr. Schole presented the original deed to Chairman Arcate, which
showed their property as Lots 1-L arid 1-M. Mr. Page noted that Dr. Schole1
records were from the Town of Mt. Pleasant.
Mrs. Schole asked if the deed might be faulty. Chairman Arcate went
on to explain how this is a question of fact. He told the Scholes that as
a recourse they could go to the Mt'... Pleasant of f ices arid check out their
deed. He reminded all that the Board is there to determine what the
records show as to the number of lots sub-divided by the Village.
Mr. Ruane asked if it were possible that the Village had made an

�-2error in their records. He noted how when looking at the map which
shows parcel 1 and parcel 2, it might possibly have been seen and interpreted as two separate lots.
Mr. Picco^ representing Dr. and Mrs. Schole related how the letter
he had from the/Mt. Pleasant states two parcels were incorporated into
two lots, which were later consolidated into one lot. Mt. Pleasantfs
records are in contradiction to the records of North Tarrytown.
Chairman Arcate explained that Mt. Pleasant has no jurisdiction over
North Tarrytown's subdivisions. He again noted that if the Schole's
property is on one lot, there would be no need for a variance.
Mr. Page noted the blueprints of the plot plan for Lot 1-L on file
with the Village did not match up with Dr. Schole's plot plan.
Mr. Picco agreed with Chairman Arcate's desire to see a map showing
the original sub-divisions, prior to the Board's making a final decision.
Mr. Page noted Village records from 1947 when the house was built showed
an area of .52 acres of property.
Chairman Arcate asked if anyone had any further discussion.
Mr. Ruane asked if the Board had a point of order on which to make
a decision. And he reminded all present that if it is one lot, no
variance would be needed.
Mr. Picco said he had no objection to further adjournment so that
the sub-division papers might be found.
•.
i* • *•
Mr. Ruane then'made a motion that the variance be granted, treating
the Schole's property as two lots. Mr. Paolantonio seconded the motion.
Chairman Arcate noted that he did not want to jeopardize Dr. and
Mrs. Schole by making a hasty decision. Mr. Ruane felt no further documents were needed, and Mr. Paolantonio agreed.
Mr. Picco then said if the Board felt they had enough evidence that
two lots exist, he would be pleased to see the Board grant the variance.
Chairman Arcate asked if there were any further questions or discussion, to which no one replied. Chairman Arcate noted that as the Board
had met without the Village Attorney, and only three of five Board members
were present, and as stated that they had no intention to sell the lot
there was no urgency, therefore he could not vote for the motion. If the
Board would wait, there would be extra time to look for and hopefully find
the sub-division papers. He felt;ho harm could be caused by a delay/in
making their final decision, as there still is a question of sub-division,
and he felt bound to go by the records of the Village of North Tarrytown.
Mr. Picco told Mr. Page he would be in touch with him in regard to the
sub-division map.

t

Mr. Ruane and Mr. Paolantonio withdrew their previous motions to grant
the variance.
Chairman Arcate asked for a motion to accept the minutes of the,
previous meeting, which was made by Mr. Paolantonio and seconded by Mr. Ruane

L,i*tJ^^is^i:#.-.i;^^^t^';sife»i^;£g

�-3A motion to defer a final decision to a subsequent hearing on the
Schole's request for a variance with a new date to be set was made by
Mr. Paolantonio, and seconded by Mr. Ruane.
Chairman Arcate then asked that the following be included in the
minutes: For the record, he noted, we're at the :end of a Village year.
Chairman Arcate gave all Board members (present and absent!) a very
special "thanks" for being so regular in attendance, attentive, and for
being so helpful. To Victor Page, a special thanks for his attending
all meetings and helping the Board, and for his hours of preparation.
And Chairman Arcate commended the Board secretary for her perfect
attendance.
Chairman Arcate asked for a motion to adj ourri tonight's meeting
at 9:35 P.M., which was made by Mr. Ruane and seconded by Mr. Paolantonio.
Respectfully submitted,

Linda T. Fukuchi
Acting Clerk

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