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                  <text>ZONING BOARD
Present:

OF APPEALS MEETING of October 9, 1986

John Arcate, Chairman
Edward Swaby
Frank Paolantonio
Jane Hogan-Felix
Aldo Ceconi
Robert Ponzini, Counsel
James Margotta, Building Inspector

The continuation of the business meeting (Sept. 25) began at
8:15 p.m. Mr. Arcate asked for the approval of the minutes of the
meetings of September 18 and those of the meetings of September 25.
Both sets of minutes were approved on motions by Edward Swaby and
Aldo Ceconi, which were seconded and all Board members voted in favor
of the approval of the minutes.
Mr. George Kuntz' hearing has been postponed until October 23
because his notice to property owners was defective. Mr. Kuntz had
requested an extension of time but he has not complied with the order
issued by the Building Inspector to clean up his property.
Mr. Arcate advised the Board that Phelps Memorial Hospital
representatives wish to come before the Board; this may take place
after the Zoning Board meeting of October 23.
Mr. Arcate informed the Board that in the future the Westchester
County Planning Board will respond to notices of Village Zoning issues
by returning a copy of our letter to them with a rubber stamp reply
i.e., that they are not concerned with a particular application.
Mr. Arcate addressed Mr. David Feinstein, leasee, and Mr. Dominick
LaCaruba, owner of the property on the east side of Broadway between
Bedford Road and Hudson Terrace. This decision deferred until October 9
because the Board requested a site plan. Mr. Feinstein presented his
plan at this meeting.
Upon a question from Mr. Swaby, Mr. Feinstein stated that his fiveyear lease on the property in question was conditional upon the granting
of a variance.
Mrs. Peggy Slavin, 40 Bedford Road-addressed the Board and said she
had not received notice of the first hearing arid wished to express^her
opposition to granting;a variance on Mr. LaCaruba's property for a used
car showroom. Mrs. Slavin said that to allow this type of business-on
the property in question would be perpetuating a bad situation with
automobile-related business all along Route 9 in North Tarrytown. She
also asked if the State had been advised of the curb cuts that would be
necessary with this type of business.
Mr. Arcate said that the Westchester County Planning Board did not
give any direction to the Village in this regard but left the decision
up to the Zoning Board of Appeals.Mrs. K. Lingardo, Pine Close, spoke again to the Board and restated

�that there were some residents in Webber Park in favor of granting this
variance, however many were opposed.
Trustee Alan Williams spoke as a representative of the Board of
Trustees and advised the Board that the Board of Trustees does not wish
to see this variance granted. The Village is trying to upgrade property
and does not wish to have more business of this type established.
This property along the east side of Broadway between Hudson Terrace
and Bedford Road has been vacant about one year. Mr. LaCaruba said that
a green grocer expressed interest in the property as well as the N. Y.
State Office of Parks, Recreation and Historic Preservation along with
the Philipsburg Restoration.
On a question from Janet Gandolfo, Chairman Arcate advised that the
Westchester County Planning Board has indicated no concern in regard to
this request for a variance.
Mr. Arcate also read a portion of the minutes of the Planning Board
meeting of July 31, 1986 in which they state:
Whereas, numerous enterprises located on Route 9 in the Village of
North Tarrytown deal with automotive related activities, and Whereas
the Planning Board of the Village of North Tarrytown views the
number of these businesses as excessive, and Whereas the excessive
number of these businesses adds to the Village's traffic problems
and increases the public perception of this section as a "gasoline
alley", therefore be it resolved, that the Planning Board of the
Village of North Tarrytown go on record supporting a reduction in
the number of these enterprises by attrition, and be it further
resolved that this Board (Planning) requests that the Mayor and
Board of Trustees determine a satisfactory number of these automotive
enterprises and enact appropriate legislation which will effectively
accomplish the goal of fewer of these businesses in this industry
located on the Route 9 section of the Village.
Mr. Arcate said that through messages from the citizens, the Board
of Trustees and the Planning Board, it is very clear how other groups in
the Village feel about granting a variance for another automobile related
business in the Village. If the Zoning Board approved this variance, the
Planning Board might not approve the site plan. Mr. Arcate then questioned
the Board as to whether or not they wished to grant this variance and why.
Ms. Hogan-Felix stated thatshe is in 'agreement with Mrs. Slavin and
said that the people were glad when the Esso Station closed on this site.
It is a very hazardous intersection; the whole area looks like a parking
lot and to consider another automobile related business would be
rediculous. The suggestion-to put an Information Center on this site is
an excellent one; it would fit in well.
Mr. Swaby said that he has never heard of another use proposed for
this site and would recommend granting a variance to Mr. LaCaruba.
Mr. Arcate suggested that if the^ Board - denied this reques t, Mr.
LaCaruba could appeal to the Zoning Board again in six months. In the
interim Mr. LaCaruba could seek out other uses for his property.

�Ms. Hogan-Felix made the motion to. deny Mr. LaCaruba's application
in accordance with para. 62-2 and 62-40c and to support the decision of-the
Building Inspector. Mr. Aldo Ceconi seconded the motion. There was no
further discussion and Mr. Arcate polled the Board as follows:
Mr. Swaby, opposed
Mr. Paolantonio, abstained
Ms. Hogan-Felix, in favor
Mr. Arcate, in favor
Mr. Ceconi, in favor
Request for variance was denied. "
Mr. Ceconi stated that although he was originally in favor of
granting this variance, he voted to deny the request-for variance based
on the opposition of many residents who spoke to him regarding this.
The next portion of the meeting,was a continuation of the discussion
on Eugene Buonanno's request for a vjttiance. to build on his property on
Gordon Avenue. The Zoning Board required a survey and a site plan in
order to determine side yard measurementsi. The site plan as shown to the
Board on October 9 indicated a side yard of 8% feet.
Mr. Swaby reminded the Board that the applicant said at the Hearing
that he would put in a kitchen eventually. The proposed building.has the
appearance of a separate structure and he reiterated the Code as stating
that only one principal structure may be on one piece of property. The
proposed structure would be connected to the;.existing structure by a
covered hallway,.-but that, in his opinion, this does not make the
proposed'structure an extension.
Mr. Arcate reminded Mr. Buonanno that his request does "not indicate
hardship as he has one structure on this lot^ presently. He also[,pointed
out to Mr. Buorianho that -since there is to be no common wall between the
existing and proposed structures, it cannot be considered an extension.
Mr. Arcate presented a letter from Mrs. LeRoy Stone, Van Tassel
Avenue, which will be included in this file and which indicates her
opposition to granting this variance.
Mr. Swaby made a motion that the Board support the decision of.the
Building Inspector in denying this variance as "the proposed^structure
does not meet the requirements of paragraph.62-4 of the Code /definitions
of Buildings, Building principal and structure or paragraphs 62-2, 62-25
and 62-40c. Mr. Paolantonio seconded the motion.
Meeting adjourned at 10 p.m.
Respectfully submitted,

Marie Timmings, acting clerk

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