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                  <text>NORTH TARRYTOWN. N. Y.
June 21, 1984 "

m

*0
&lt;*

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
Frank Paolantonio
Aldo Ceconi
Martin Ruane
Robert Ponzini, Counsel
*

•&gt;

James Margotta, Building Inspector
The Zoning Board of Appeals held a public hearing on June 21, 1984
to consider the application of Armando Volpacchio, 11 Cedar Street,
No. Tarrytown to appeal the decision of the Building Inspector's
decision refusing a building permit for the purpose of reducing the
two apartment permit to construct a one apartment in an existing
building formally a commercial bakery, in that the same would be in
violation of Section 62-8 of the zoning code with lot coverage in
excess of 30% of property known and designated as Section 16, Block 9,
Lot 16 on the village tax assessment map.
Chairman Arcate called the meeting to order at 8:10 P.M. Mr. Swaby
noted that the work "formally" should read "formerly" in the public
notice. ^
Building Inspector James Margotta explained how a permit had
previously been"issued for the construction of two apartments, but that
this initial request was denied when the owner requested the change to
one apartment,
The public notice was then read to all present at the hearing.
Chairman Arcate asked if anyone would like to address the Board,
Attorney Robert Giuntihiy representing;Mr. yolpacchio, presented
certified mail receipts of notice to fthe Board, arid a petition signed
by some of Mr, Volpacchio's neighbors claiming no objection to -his
reducing the two (2) apartment construction to a one (1) apartment
construction. Chairman Arcate asked if all property owners witHin
200 ft. of Mr. Volpacchio's property had been notified of tonight's
hearing, Mr. Giuntini said all owners had been notified.
Mr. Giuntini told the Board that Mr, Volpacchio had bought the
property in 1963. There are three buildings on the property, with
Mr. Volpacchio living in,the front building. When Mr. Volpacchio
originally bought the property, the building in the rear was^a bakery,
which was discontinued in 1978. In September of 1.983, Mr. Volpacchio
asked for permission to construct two (2)^apartments on the other side
of the building's former bakery - this request for a building permit
was granted, Mr, Giuntini said. But in April, 1984, Mr, Volpacchio
decided to change his plans to construct only'one apartment. Mr.
Giuntini said this wouldhave required no outside work, butriew^walls
would be needed inside. When this change of plans was submitted to
the Building Inspector, the permit was withdrawn on the basis that more

^s*-'

�than 307o (the maximum allowed) of the land was covered by buildings.
The total land area is 10,198 sq.ft.\ with 3,843 sq. ft, covered by
the dwellings, approximately 377o of the property. Mr. Giuritirii noted
this property is an R-5 zone - commercial, but with residential use
also permitted. He explained that Mr, Volpacchio had invested several
thousand dollars
in building renovations when the permit was withdrawn.
1
Mr. Volpacchio s planned apartment would benefit the neighborhood, Mr.
Giuntini noted, yet there can be no benefit from-the use of the building
as it now is. Also, Mr. Volpacchio would still have to pay taxes on
this property.
Mr. Margotta asked if the original house, the one Mr. Volpacchio"s
family resides in, is a two-family house. Mr. Giuntini answered saying
it is used only by one family. Mr. Margotta again asked, for all
practical purposes, was His dwelling a one or two-family house? Mr.
Giuntini said at present only Mr. Volpacchio's family uses the house.
Mr. Giuntini said Mr. Volpacchio had"wanted to lease the bakery, but
the village had not allowed him to do so.
Chairman Arcate reminded all present that no judgment on reasonableness of taxes can be decided by the Zoning Board.
Mr. Margotta noted that no more than 7-2,families could be allowed
to use Mr. VolpaccHio's three buildings as 7T2 families would be the
maximum allowed for the total number of square feet. Mr. Giuntini said
he was at tonight's hearing to request a 7% variance over the 30% land
coverage allowed.
Chairman Arcate asked Mr. Margotta if any structural changes were
planned, to which Mr. Margotta replied in the negative. Chairman Arcate
asked Mr. Margotta how many families are allowed in an acre. Mr.
Margotta said 29 families was the maximum,
Chairman Arcate reminded all that the sole basis for tonight's
hearing was the use of additional land space.
Mr. Giuntini said 10-12 parking spaces will be on the Volpacchio1 s
property. Village attorney Robert Ponzini said 1,2 spaces are needed per
family, and that this requirement would be met with 10-12 parking spaces.
Chairman Arcate asked if anyone present at the hearing wished to
address the Board. Michael Hyland, of 128% Depeyster Street, No.
Tarrytown, asked if Mr. Volpacchio would be allowed to build onto the
apartment over the old bakery in the future, as that would increase the
height of the building. Mr. Margotta answered, saying Mr. Volpacchio
would not be able to make the building Higher or wider. Mr. Hyland then
asked if an addition or extension'would be permitted in the future, to
which Chairman Arcate answered, saying no.
There being no further questions or discussion, a motion to adjourn
the hearing was made by Mr. Paolantonio, seconded by Mr. Ruane, and was
unanimously passed.
- Business Meeting
Chairman Arcate invited all present to stay if they so wished while
the Board'held its business meeting.

�-3Chairman Arcate asked if anyone objected to Mr. Volpacchio's
request for additional land space? No objection was made.
Mr. Ugo Checchi, 51 College Ave., No. Tarrytown was recognized by
the chairman arid stated that Mr. Volpacchio is not going to change any
of the four walls or the roof. He;said Mr. Volpacchio had originally
wanted to raise the roof, but had since changed his plans, and that no
structural change would take place.
Mr. Margotta noted that as the original permit for Mr. Volpacchio
was cancelled, a new permit (granting of the variance pending) will be
issued. He asked Mr. Volpacchio to return the original permit that had
been granted for the two (2) apartment, upon which the new permit will
be issued, should the Board so rule. Mr. Volpacchio agreed to do so.
Mr. Ruane said he had no objections to Mr. Volpacchio's plans.
Mr. Swaby said he felt the owner must provide parking.spaces for
tenants. Village Attorney Porizini said 8,4 spaces are needed for the
seven families in Mr. Volpacchio's three .buildings. Mr. Giiintini had
said there would be ten-twelve parking spaces.
A motion to grant the variance being sought by Mr&lt; A. Volpacchio
for a 7% increase in land coverage was made by Mr. Ruane, in accordance
with code provisions 62-2 and 62-40 and with.the Board's following
stipulations: reserved^ .on property of 9 spaces for the exclusive use of
each tenant on the property; no auditorial% enlargement to existing
structure; and that the three premises,6n said property will not have
more than seven.(7) families. Motion passed 7 to 0.
Attorney Robert Giuritirii' asked that a copy of the minutes be mailed
to him. ' Chairman Arcate'said a copy would be mailed to him,
A motion-to accept the minutes/of the Board's last meeting was made
by Mr. Swaby, seconded by Mr. Ceconi, and was unanimously passed.
-Chairman Arcate congratulated James Margotta as the new Village
Building Inspector, arid said the Board welcomed him and wished him goodluck .
There being no further buisiness, a motiori to adjourn tonight's
meeting was made by Mr. Paolaritoriio, seconded by Mr. Swaby, and was
unanimously passed.
Respectfully submitted,

LindaT. i Fukuchi
Acting Clerk

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