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                  <text>ZONING BOARD OF APPEALS
Present:

May 9, 1985

John Arcate, Chairman
Edward Swaby
Frank Paolantonio
Martin Ruane
Aldo Ceconi
James Margotta, Building Inspector
Robert Ponzini, Counsel - Brana application
Robert Peirce - Counsel - Mangieri application

The business meeting of the Zoning Board of Appeals met on May 9, 1985
at 8:20 p.m. to make a decision on Mr. Brana's and Mr. Mangieri's
requests for variances (see minutes of April 18, 1985). Mr. Arcate
asked if there were any additions or corrections to the minutes of
April 18 meeting: there were none and the Board unanimously accepted
the minutes as written.
In addressing the purpose of the meeting, Mr. Arcate made the following
statement:
The Zoning Board of Appeals commends both applicants for the
development of such good quality proposals.for the use :of their
land. They clearly offer the Village far-sighted and longlasting
improvements to the commercial, residential, and general character
of the area. These actions are entirely in keeping with the
purpose and best intent of the Zoning Code. Beyond their individual proposals, the Zoning Board-of Appeals is presented with the
added enhancement of viewing two coordinated proposals which have
promise of serving as a model for, similar improvements on the part
of other property owners. The Zoning Board'of Appeals also notes
the responsiveness of the Village in taking the opportunity to
solve storm water problems by the construction of street drainage.
We seem to have before us the best of all conditions and the .
Zoning Board of Appeals is most anxious to ensure that all steps
within our collective ability to anticipate are realized so that
the full benefit of such desirable improvements are brought about
in the most ideal way.
It would be disappointing if after such attractive plans are implemented, there remained an unresolved problem.
With these views in mind and a desire to carry forward the*purpose
of the Code and progress for the Village, the Zoning * Board of
Appeals did not attempt an immediate decision, following the April
18 hearing, but instead met on May 4 and inspected both sites. We
meet now in an effort to reach a decision. We recognize that there
are two decisions before us but that due to the coordinated planning and the common problem of storm water drainage, we need to
discuss both applications prior to deciding on either.
The members of the Board have indicated several items of specific
interest:
a) Storm water drainage
b) Off-street loading/unloading

�c) Flow of vehicular traffic
d) Applicants' control of all involved land parcels
e) Definitive Village plans for street drainage improvements.
The Board members expressed concern regarding storm water drainage.
After some discussion it was agreed that the parties involved must
submit evidence of their stated intent to construct adequate storm water
drainage and submit their plans to the Building Inspector and the Village
Engineer for their approval before starting work. Mr Margotta said it
would be helpful to him if the Village specified the plans for new and
increased storm sewers before the anticipated construction begins. Mr.
Arcate commented that, based on the May 9th letter from Mayor Zegarelli
(copy attached), it seemed reasonable that the Village would follow
through and do the necessary work on the sewer system in a timely
fashion.
Referring to the variance requested by Mr.Brana, it was noted that the
1956 variance remains in effect. After some discussion by the Board,.it
was agreed that it will be necessary for Mr. Brana to provide off-street
parking for loading and unloading within the parking area shown on the
site plan.
Referring to the flow of vehicular traffic through Mr. Mangieri's
property, several ideas were expressed which differed from the plan for
parking and traffic flow according to the site plan.
After some discussion, it was decided that the flow of traffic and the
parking as shown on the site plan is probably the best possible plan
for this property. It was recognized that if, after experience it was
deemed necessary to change the flow it could be done so without hardship.
In regard to the Brana variance, Mr. Martin Ruane made a motion to grant
the variance based on the following contingent requirements:
a) Building would proceed according to site plans submitted and ^.
storm drainage improvement plans must be submitted for approval
of the Building Inspector and the Village Engineer before start
of work.
b) Space to be allocated for loading and unloading on property.
c) 1956 variance to remain in effect.
,.
d) That the applicant controls all of the parcels of land involved
and all are commited to the proposed use and site plan.
Motion seconded by Mr. Paolantonio.
Mr. Swaby made the motion that the Board grant approval of Mr. Mangieri's
variance contingent upon the following requirements:
a) Front yardsetback to be 10' father than 20'
b) Common control of all parcels of land committed to this proposal
and site plan.
.
. c) Site plan to remain as originally submitted.
d) Approval of drainage plans prior to start of work.
e) No change in traffic flow or parking from site plan.
Motion was seconded and approved unanimously.
Meeting adjourned at 9:30 on a motion by Mr. Ruane, seconded by Mr.
Paolantoiiio.
.--- r-- -•
.-'••.":....

�-3Both variances are granted in accordance with the purpose and
provisions of the Zoning Code including paragraphs 62-2 and 62-40C.
The board also took notice that throughout these hearings and meetings
it enjoyed the counsel of Mr. Ponzihi in regard to the application of
Mr. Brana and the counsel of Mr. Peirce in regard to the application
of Mr. Mangieri.
Respectfully submitted,

Marie Timmings
cc: Planning Board

�VILLAGE DF NDRTH TARBYTOWN, NEW YORK
2 8 BEEKMAN AVENUE
P H I L I P E . ZEGAREL.LI. MAYOR
J A M E S J . T 1 M M I N G S , CHAIRMAN
MANAGEMENT AND BUDGET

JAMES J. TIMMINGS
DEPUTY MAYOR

R A N K M A N G I E R ] , J R . , CHAIRMAN
GOVERNMENTAL RELATIONS

MISS FILOMENA FALLACARO
VILLAGE CLERK

S T E V E S A L M A N . CHAIRMAN
PUBLIC WORKS

MRS. IRENE AMATO
VILLAGE TREASURER

S U S A N J . G A L G A N O . CHAIRMAN
RECREATION AND HUMAN RESOURCES

ROBERT J. PONZINI
VILLAGE COUNSEL

P H I L I P E . B L E C K E R , CHAIRMAN
ADMINISTRATION "
A L L E N T . W I L L I A M S . CHAIRMAN
PUBLIC SAFETY

INCORPORATED 1S74

9 May 1985

Mr. John A. Arcate, Chairman
Zoning Board of Appeals
28 Beekman Avenue
No. Tarrytown, N.Y.
Dear John:
This letter is provided as further substantiation of the Village's
willingness and intention to provide for new and increased storm sewer
construction for the entire length of Chestnut Street from Broadway (Route 9)
to North Washington Street. This decision is in keeping with our desire not
only to provide relief to the present residents and owners of the are but also
to provide an incentive for the redevelopment of the neighborhood.
While we are fully prepared to bond for this capital expenditure, we
have been notified that monies have been awarded to tie Village as part of our
Urban County Block Grant request for this'specific use and design. In addition,
we have discussed this specific sitntation and simi 1 ar conditions in North
Tarrytown with the Westchester County Deparrmpnt of Planning in our desire to
help correct similar situations arid provide help in potential need and/or
redevelopment. Our requests will be undertaken on a case by case basis with
their assurance that earmarked funds are avail able.
I hope this letter provides any further information needed for the
deliberations that the North Tarrytown Zoning Board of Appeals is undertaking.
Please feel free to contact me at your convenience if there is a desire for
additional information.
With warm regards,

PEZ:ff
cc: Members, Zoning Board of Appeals
Board of Trustees

Hiilip E. ZegareUi
Mayor

"where the Headless Horseman rode"

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