https://sleepyhollow.localarchives.org/files/original/11c7a1198a4cab12085257976b6f76e6.pdf 5f7f25e13194e2da70d7e0bcad691f29 PDF Text Text NORTH TARRYTOWN, N. Y. & L May 3, 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, Vice-Chairman Aldo Ceconi Frank Paolantonio Martin Ruane Victor Page, Building Inspector Joan McCarthy, Attorney (Sub for Robert Ponzini, Village Attorney) The Zoning Board of Appeals of North Tarrytown held a business meeting to further consider the request of Dr. Murray L. Schole of 487 Munroe Avenue, for a determination of the Zoning Board which had been subject to hearings and meetings on February 10 and March 31, 1983. Vice-Chairman Swaby called the meeting to order at 8:35 P.M. Business Meeting Vice-Chairman Swaby asked Mr. Page if he had new information to share with the Board members. Mr. Page explained how he had researched the Schole's.property sub-division (see attached letter) going .back to March, 1946 when a request for an apportionment was made, followed by another request in April, 1946 for sale purposes. Mr. Ceconi asked if the Schole's property has been on the tax rolls as one lot since 1947, to which Mr. Page replied in the affirmative. Mr. Page then read to all present the history of the property sub-division of the Schole property ; (see attached letter). First in March, 1946 a request from R.L. Kneour for an apportionment of Sec. 14, Blk 16, Lot 1 was sent to the Board of Assessors for approval. Secondly, in April, 1946 "The estates-of Robert E. Farley requested apportionment of Sec. 14, Block 16, Lot 1, for.sales purposes and submitting metes and bounds descriptions". Thirdly, on January 1, 1947, "The property was entered on the tax rolls, after sub-division, as Sec. 14, Block 16, Lot 1-L, .52 Acres". Mr. Ceconi then made a motion to deny the granting of the variance as requested by Dr. Schole. Mr. Paolantonio suggested this was a matter which Dr. Schole should instead take to the Planning Board. Mr. Ceconi replied that theiNorth Tarrytown.tax assessment rolls show Dr. Sctiole's property as:only one lot, and that Dr. Schole appeared to be asking the Zoning Board for two lots. �-2Mr. Swaby said that was exactly what the Zoning Board cannot do, creating an extra lot is a power the Zoning Board does not have. • Attorney Joan McCarthy, substituting for Village Attorney Robert Ponzini concurred in that the Zoning Board has no such power to "create" lots. Mr. Picco noted that Dr. and Mrs. Schole were issued a building permit when their new porch was built, with no legal problems whatso-ever.. Mr. Swaby answered that thus the land had to have been one lot, otherwise there would have been a rear yard setback violation. Mr. Swaby noted that when the house was constructed, it was designed to face Munroe Avenue, thus the owner, would be unable to divide the property into two lots. Mr. Picco replied, saying if the house was built on one large lot originally (150' x 150'), why is it that the Schole's house occupies space of a lot 75' x 150', leaving enough land for another lot of 75' x 150'? All this points to two lots, 75' x 150' each. Mr. Swaby answered saying possibly there were plans for building a tennis court, or a swimming pool with the extra property. The fact remains, it was one house on one lot. Mr. Ceconi agreed. Chairman Arcate, who was delayed and arrived at the meeting late read from Mr. Page's letter, dated April 8, 1983 (see attached letter), He explained how the Schole property had once been part of a larger lot, and that Mr. Page had found out through research that the Board of Assessors sub-divided this land into one lot. He further stated that the Zoning Board does not.have the implicit power to sub-divide property. . As far as the need'for a variance goes, one is not needed for the Schole's property as they have 75' x 9" as a rear yard setback, Mr. Paolantonio said the evidence is so conflicting between North Tarrytown and the Town of Mt. Pleasant. Mr. Swaby answered, saying there is no conflict within* North Tarrytown's prior actions, maps and tax assessment rolls. Mr. Ruane said he saw it as an injustice "that a person is told'he has two lots by the Town of Mt. Pleasant, while North Tarrytowri says he owns one lot. Mr. Cecohi said the Zoning Board has nothing to do with this matter. It should be presented to the Planning Board. Chairman Arcate agreed, saying the Zoning Board has no authorization to sub-divide *property. ShouldvDr. Schole get a sub-division through the Planning Board, he could then approach the Zoning Board for a variance. But the Board has no power to sub-divide property.; He said the only failure Dr. Schole's property would have is that his rear setback does not conform should his property become two lots, then a variance would be needecT " • Chairman Arcate commented that the real .problem^seems to:be-that the title searches made-at the time of"Dr.:Scholes purchase did not go back to when the original sub-divisions of land were made. ^^^^'.^r^^sjiMm&^^M&k^&MM&&&^^Mm^m^&i �-3The motion to deny the variance was made by Mr. Ceconi on the grounds that the research shows Dr. and Mrs. Schole have one lot, and thus there is no need to grant a variance. The motion was seconded by Chairman Arcate. Chairman Arcate said these were unfortunate circumstances, beyond the control of the Zoning Board. The Vice-Chairman then asked all to vote. variance carried with a 3-2 vote. The motion to deny the The Zoning Board of Appeals of North Tarrytown continued the business meeting to further consider the application of Mr. Enrico Solari, a contract vendee of the property located at Section 17, Block 21, Lots 102 and 103 on the Tax Assessment Map of the Village of North Tarrytown. This was a continuation of the meeting which was originally held on April 14th, 1983. Vice-Chairman Swaby asked Board members to consider Mr. Solari's appeal for relief, and asked Board members for their views and comments. Mr. Paolantonio said he would go along with Mr. Page's recommenation made at the April 14th meeting that the Board grant the variances to Mr. Solari. Mr. Ruane asked if the property was an R-2 area, and if so, why was a variance needed? Mr. Page explained that it was an R-2 area, but on a non-conforming lot a variance is needed. The area now has many two and three family homes. Mr. Ruane asked if the lot was 10' short in depth. Mr. Swaby said that was correct, and the lot has an area of 3,600 sq. ft. in an area where 4,000 sq. ft. is required. -v ' £ Mr. Ruane asked Mr. Solari if He would later on have a truck which would be parked on Holland Avenue? Mr. Solari said no, the street would not be used by him for any parking. Mr. Swaby said the Board needs to grant a variance for two reasons: 1. A variance is.required as:the lot is 3,600 sq. ft., 400 sq. ft. less than the irequired 4,000 sq'. ft., and 2. On a non-conforming lot, a variance is needed for a twofamily dwelling. Chairman Arcate stated Mr. Solari's plan for the house he wants to construct would satisfy all yard requirements. It was suggested again at this meeting by Mr. Ceconi that the paper street, Davis Street, which lies behind Mr. Solari's lot and other owners' lots, be given the opportunity to buy this land for a nominal amount. This would increase property values for all owners, and give Mr. Solari the additional land needed to make his lot a conforming one. Mr. Page suggested the Chairman Arcate write a letter to the Board �-4of Trustees in regard to the possible selling of the land on the paper street, Davis Street, to all property owners whose lots abut with Davis Street. The Board agreed. Mr. Paolantonio noted the discussion at the last meeting in regards to parking. Mr. Solari would have a two-car garage and two parking spaces in the driveway, thus there would be no more cars on Holland Avenue than there are now. Mr. Ruane also recalled the retaining wall Mr. Saracelli asked for at the last meeting, and Mr. Solari had said he would have such a wall put on the property; Mr. Paolantonio made a motion to grant a variance to Mr. Solari ^ on the grounds that'he is only 400 sq. ft. short of the required 4,000 sq. ft. needed for his lot, and that to deny him the variance would cause him undue hardship. Further, granting the appeal was in accord with the code paragraphs 62-2, 62-25 and 62-40. The motion was seconded by Mr. Ruane. This motion is only to be granted to Mr. Solari, the contractor vendee for construction of. a house per submitted plans. The vote was carried unanimously. Mr. Swaby told Mr. Solari to contact Mr. Page. He also told him to contact the Board of Trustees in regard to the possibility of purchasing part of Davis Street, the paper street. A motion was made to accept the.minutes of the last meeting by Mr. Ruane, and seconded by Mr. Paolantonio. Chairman Arcate said he had some new business to discuss. He had seen an ad in the New York Times oh April;19th for a house in North Tarrytown. The ad was for a house in Sleepy Hollow Manor, "with a complete and separate apartment". Chairman Arcate said care must be;taken to advise title searchers in the future that houses in Sleepy Hollow Manor are one-family residences. Apartments cannot be rented to anyone. There being no further business,. Mr. Paolantonio made a motion to adjourn tonight's meeting at 10:00 P.M. which was seconded by Mr. Ceconi. Respectfully submitted, Linda T. Fukuchi, Acting Clerk �10 Hemlock Drive North Tarry town, New York 10591 May 1 1 , 1982 Mayor Philip E. Zegarelli Village of North Tarry town, N.Y. 28 Beekman Avenue North Tarry town, New York 10591 re: Zon i ng Board of Appeals recommendation concerning "Davis Place". I have written to you as Chairman of the Zoning Board of Appeals upon a motion of the ZBA at our meeting of May 3, 1983, to suggest that the Village take action to dispose of the undeveloped property shown on official maps as "Davis Place". The occasion of our interest was the consideration of an application for a variance for lots 102 and 103 in Section 17, Block 21. These properties total 40 feet of frontage on Holland Avenue and are of 90 feet of depth. The sole need for a variance is that the property is 400 square feet deficient in satisfying the requirement of 4,000 square feet in area. Our concern regarding "Davis Place" and the reasons for our suggestion are as follows: 1) There appears to be no need or practical expectation that the _ Village will ever develop "Davis Place". None of the bordering land requires additional access, the "Davis Place" land is only 20 feet wide and the topography does not reasonably accommodate the construction of a street. 2) The lots which were subject to the request for a variance would otherwise not require a van"ance if only 10 feet of "Davis Place" could be added to the depth of the lots. There may be other adjoining properties that could benefit froa such added area (the Board did not make a survey). In any event, such additions would enhance their value and result in a general improvement in this part of the Village. �- 2 - 3) The general observation and opinion of the ZBA is that the "Davi s PI ace" 1 and, as 1ong as i t remai ns Yi11 age property, i s devoid of purpose and lacking in proprietary care. At times in the past it has been the occasion for public nuisance and as such will continue to be a liability to the Yi11age. We do not make these comments to suggest that the Village has in the past, or is at the present, been in any way negligent. We do, however, strongly suggest that the transfer of the "Davis Place" property to the „ adjacent property owners at a nominal price would be a readily accomplishable, progressive action. We leave this to your good judgement with the offer that the ZBA will assist such action in any manner appropriate to its function. Yours truly, , Oohn A. Arcate Copy to: ZBA Members Building Inspector Village Attorney "i � 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_1983-05-03 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