https://sleepyhollow.localarchives.org/files/original/99bf44249784ea3e9e908c5ade1506c2.pdf 82a473fa7a3aaf5f8d47dcee142e93d1 PDF Text Text Zoning Board North Tarrytown, N.Y. June 27, 1985 Present: John Areate, Chairman Aldo Cecorii Frank Paolaritonio Martin Ruane Edward Swaby Robert Ponzini, Attorney James Margotta, Building Inspector The Zoning Board of Appeals-of North Tarrytown held a public hearing on June 27, 1985, to consider two applications for appeals from the Building Inspector decisions to deny building permits. Chairman Arcate called the hearing to order at 8:10 P.M. and asked the clerk to read the first public notice to all present for the Board to consider. Rafaelo and Elda Piscopiello, of 69 College Avenue, North Tarrytown, applied for an appeal from the Building Inspector's decision in denying them a building permit for a one car garage on their property located at 69 College Avenue, in that the garage would violate the rear yard requirement of 5 feet in an R5 district. Chairman Arcate asked if anyone present wished to address the Board. Mr. and Mrs. Piscopiello's daughter spoke on her parent's behalf. She explained to Board members that a shed had always been on the property since Mr. & Mrs. Piscopiello purchased the property. Mr. Piscopiello, she explained, was not aware that a building permit was needed to replace a former structure (the shed) when he began to construct a new garage oh the site. Mr. Margotta informed;them that a building permit was needed, and that side and rear yard requirements were being violated. Chairman Arcate asked if Mr. & Mrs. Piscppiello hacl advised all neigbors within 200 ft. of their property oftonight's hearing. , The . daughter said they had been so advised, and gave all"certified mail receipts to the clerk, noting that one letter had not been claimed, which was also submitted. Attorney Robert Ponzini asked if the new building would be the same size as the former storage shed, arid if there is.a driveway. The Piscopiello's daughter said the new garage is.to be somewhat larger, measuring 18' wide by 20' deep. She said an existing driveway does exist to the street. Mr. Swaby asked how high a s trueture the garage would be. noted that the garage would be one story. It was Building Inspector Margotta stated that zoning requirements in this area call for a 10 feet from the sidelines, and for a 25 foot rear yeard setback. Chairman Arcate asked Mr. Margotta if a need for a retaining wall �-2exists, to which Mr. Margotta replied in the negative. Chairman Arcate also asked if the proposed garage would be next to the neighbor's garage (on the east side), and would the proposed garage face the south side? Mr. Margotta answered in the affirmative to both questions. Mr. Swaby asked if.the proposed garage could possibly be moved out from the east corner of the rear property, towards the west, and still be easily accessible. Mr. Margotta responded that if the garage were moved towards the west, the garage would be very close to the house. Mr. Ruane mentioned that the property to the west is a 2-3 family house, a building once owned by the Tarrytowns newspaper. Chairman Arcate s'aicl he felt two abutting garages would be better esthetically vs. having a 10' piece of land separating the two garages. Chairman Arcate asked if there were any further questions for the Board. There being none, he asked that the Board proceed with the second hearing. The clerk read the public notice to all present. The second hearing was an appeal from a decision of the Building Inspector in denying a bulding permit for.the renovation and alteration of an accessory building on property owned by August in Triana-, located at 144 Beekman Avenue, North Tarrytown, in that .said:accessory building would violate a zoning ordinance of the village that states there can be no- more than one principle residential building on any one lot. Attorney Ponzini told all present that he had once represented Mr. Triana, and if the Board; members felt this might cause any conflict of . interest, Mr. Ponzini would not involve^himself in this hearing. Chairman Arcate and all Board members told Mr. Ponzini this would not be a problem, and that he need not remove himself from Mr. Triana's hearing. Mr. John J. Hughes, of 49 Beekman Avenue, North Tarrytown; addressed the Board, identifying himself as Mr. Triana's lawyer. He presented the clerk with certified mail receipts, showing that all property, owners within 200 feet of Mr. Triana' s property had been advised of tonight's hearing. He then gave all Board members copies of=the survey showing Mr. Triana's property and its layout. Mr. Hughes said the property, has a main"house that can be a residence for one, two or three families, and an accessory building. Mr. Triana, he explained, began repairs and renovations on the accessory building. At present, two families live in the main residence. Mr. Triana's accessory building is a garage, yet this garage is three times larger than other garages in the area. It measures 45 feet x 25 feet in size, and can hold three cars and still have a storage space area. This garage, said Mr. Hughes, is on;land tliat is easily accessible, especially so for the elderly and/or those who are disabled. The conversion -*-«*---•!.;«?.=:••. ''-2--, VJ," -W«'J'. .i„^-"*..*.»»>„--Viitj« ^^^.^i4A%^C&*^^.A'^AibMi4&MJi^^^Mfi^^^MiM �of the garage in living quarters would have all rooms on one floor. Mr. Hughes asked the Board for a conditional certificate of occupancy for the newly converted building. He submitted pictures to show the interior of the converted building. Mr. Hughes said that Mr. Joel Levy, Director of Special Needs and Housing from the county's Department of Social Services, has helped Mr. Hughes with North Tarrytown's need for the elderly, sick and/or disabled. Mr. Hughes asked the Board for a permit that would bind Mr. Triana or any future owner to use the converted accessory building on the property , for such people as the:elderly, sick and/or handicapped. Mr. Hughes noted the construction work Mr. Triana has done to convert the garage into living quarters is of top quality. Without a certificate of occupancy,, this renovated garage cannot be used. The structure could hold a family instead of cars. Mr. Hughes said Mr. Triana is willing to rent the hew apartments at a minimal rate, so that the elderly and/or handicapped could afford the rent. Such plans, said Mr. Hughes, are not detrimental to anyone in any way. He noted that Mr. Triana would be willing to pay increase taxes. Mr. Joel Levy, Director of Special Needs and Housing with the Department of Social Services, addressed the Board. He noted that Westchester's population is rapidly increasing of those of 65 years of age and older. Along with the increase of the elderly, lies the problem of available housing that has diminished considerably, and is of great concern to the County. Affordable rental property for these people is very hard to find, said Mr. Levy. "Affordable", he noted, is, the key word, as many of the elderly and disabled cannot meet this affordability with today's rents. The need for low cost housing for such peoplef is a great one, and Mr. Levy asked the Board to please consider Mr. Triana s application. He noted that the structure is safe, easily accessible, and would be a great help to an elderly couple, or a disabled person. Chairman Arcate asked if anyone else present Board. wished to address the Mr. Joseph Ruscigno, of 273 North Washington Street, North Tarrytown, asked if this new building would be used to house the mentally retarded. Mr. Hughes said plans for the building would hold two individuals at the most, and that the Board can restrict in any way it wants as to who would be allowed to live there. Mr. Hughes asked for the Board's help in finding a way to see this property used. Mr. Hughes explained that this hearing is solely for^the construction of the interior of an existing structure. At present, only*one of the •; ._] original four bays is being used as a garage, with the rest of the building blocked off for the residence. Chairman Arcate asked what kind and what rooms the proposed building would have. Mr. Hughes said there would be a Hallway, a hot water system, a bathroom, bedroom (10' x 12'), and eating area (10V x 13') and a kitchen. �-4Mr. Hughes said parking would be no problem, as the driveway is 30 feet long, and that no street parking would be needed. Mr. Swaby asked if there were any plans to construct a second story on the converted structure. Mr. Hughes said there were no such plans. Mr. Ruane asked if the structure would have any problems as far as water and sewage are concerned. Mr. Margotta said no, that the lines could be hooked up to the present system in the house. Mr. Ponzini said conditions could be made by the Board that the converted garage be rented to a local senior citizen. Mr. Hughes said he and his client would be willing to let it be rented only to local residents. Mr. Margotta noted that the construction began illegally. Mr. Triaria, he said, wants to make a proposal to the Board rather than tear down the new structure. Mr. Hughes said they had come in good faith arid asked the Board to please consider their proposal, even if on a trial basis. The building would be dedicated for use by the elderly or handicapped. Mr. Ruane asked if this case should go to the Planning Board instead. Mr. Ponzini said no, as this is not a site plan being sought, but the use of an existing structure. Chairman Arcate asked if anyone else wished to address the Board: There being none, the Board closed the hearing, and proceeded with the business meeting. BUSINESS MEETING The Board members first discussed the request of Mr. & Mrs. Piscopiello for an appeal from the 10 foot sideyard and 25' rear yard setback requirement for their new garage. Chairman Arcate noted that the house doesn't appear to:Kave a 10i"foot'" sideyard now. Mr. Ruane asked how much isithe structure presently off the property lines? Mr. Margotta said only a few feet. Chairman Arcate said 'he would rather have,two garages close together in that they would look better. Mr, Margotta noted '• that the Piscopiellos have improved their house greatly over the years, and that their.improve- . ments are good for the neighborhood. Mr. Swaby said he didn't want to impose a. Hardship, but that-he doesn't want this to seta precedent; so that anyone who starts building without a permit "can just come to the Zoning Board arid expect a4variance to be granted". • The Board"recognized"tHat this garage;will be in the same relative location as others in the immediate neighborhood, will provide added off street parking and is the best use of the available land. �-5- Mr. Ruane made a motion that the Zoning Board grant the variance and allow Mr. & Mr. Piscopiello to continue the construction of their one car garage in accordance with code provisions 62-2 and 62-40C. The vote was unanimously in favor. The Board proceeded to consider Mr. Triana's appeal to convert an accessory building into a residence. Mr. Levy noted that many accessory buildings in the County have been converted into living quarters. Some were two car garages with a second story. This would not be a "dumping ground" for^the indigent or the mentally ill. Anyone could live in this apartment. He noted it would not compound any present problems. Rent would be for no more than $300.00, and a local village resident would easily apply. Chairman Arcate stated there would be a conditional provision saying this structure would be for the use of local residents. Mr. Margotta noted that the fireproof construction is of good quality, and the workmanship is better than most places in the area. Mr. Paolantonio asked how does the Board get around having two residences on one lot? Chairman Arcate said, by granting a variance. The lot, 50 feet x 150 feet, allows for three families. One purpose of the code is to help control population density. The Board could require that only two families could be allowed to live in the main house, if one family is allowed in the accessory building. Mr. Ponzini noted that the third family could otherwise be in the main building. . . Mr. Ruane said if all 5,500 sq. ft. on Mr. Triana's property can be used, a decision could be reached tonight. Chairman Arcate said he felt the Board should limit the use of living quarters on Mr. Triana's property to a maximum of three families. Another condition should be that * the new,structure be for use;only by the elderly (those 62 years of age or more) and/or thV disabled (those confined, or need a device, or use walkers, for example). Attorney Ponzini said a one year variance that could be granted and reviewed annually would be another possibility. Mr. Mario Belanich, 153 North Washington Street, North Tarfytowh, asked the Board what happens to the three families as far as parking is concerned, since the conversion of the garage meant a loss of three'garage spaces. Mr. Hughes said that would be of no problem to the neighborhood, as the property grounds would still provide ample parking space. Chairman Arcate said that the conversion of the garage had been done �without a change in the building's structure, nor would there be a change in the number of families allowed to live on the lot (three).. Mr. Ceconi said he wanted certain conditional agreements written into the variance. Mr. Ruane concurred. Attorney Porizirii suggested the following conditions to be included with the granting of the variance: 1) This would be a temporary conditional variance, to be renewed every two years by an application for renewal to the Zoning Board. 2) That the dwelling be leased to a senior citizeri(s) (62 years of age or older), and /or to a disabled person, through the proper county agency. 3) That the dwelling be leased to one person, or to two persons at the most. If rented to two people, both must be 62 years of age or older. 4) First preference is to be given to a resident(s) of North Tarrytown who has lived in the village for the immediate 24 month consecutive period. 5) The Department of Social Services and the Department of Mental Health would see that the person(s) to rent the apartment are those with moderate income. 6) That as long as the lot is so used, the total number of. families on the land is to be no more than three families. 7) Prior to occupancy, permits that are needed from Building Inspector Margotta must be obtained. 8) 1.2;parking spaces per unit is to be provided. With the above conditions understood^ arid included a motion to grant 1 Mr. Triana a variance was made by Mr. Ruane arid seconded by Mr. Paolantonib in accordance with code;provisions 62-2 arid 62-40C. The Vote was four in favor and one abstention. The minutes from the prior meeting5 of May 9, 1985, re: the Mangieri application, were unanimously approved. Chairman Arcate asked if anyone had any further business for the Board. There being none, the meeting was adjourned at 10:00 P.M. Respectfully submitted, Linda T. Fiikuchi 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-1985 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_1985-06-27 Subject The topic of the resource Zoning Board Minutes & Resolutions-1985 Date A point or period of time associated with an event in the lifecycle of the resource 1985 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