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                  <text>, ZONING BOARD OF APPEALS

April 9, 1987

&gt;

Present:

John Arcate, Chairman
Aldo Ceconi
Raymond Dool
Frank Paolantonio
Paul Phillips
John Hughes, Counsel
James Margotta, Building Inspector

Mr. John Arcate, Chairman opened a brief organization meeting
at 8:07 p.m. in regard to the election of a new Chairman and
Vice Chairman for the Zoning Board of Appeals.
Before the election, Mr. Arcate acknowledged a new Board
member - Mr. Raymond Dool; and two departing members - Edward
Swaby and Jane Hogan-Felix.
For the election, Mr. Ceconi nominated to re-elect Mr. Arcate
as Chairman; Mr. Phillips seconded the motion. A motion was
made and passed to close renominations. All Board members
present voted in favor of the motion to elect Mr. Arcate.
Mr. Paolantonio motioned to elect Mr. Ceconi as Vice
Chairman; Mr. Dool seconded the motion. A motion was made
and passed to close nominations. All Board members present
voted in favor of the motion to elect Mr. Ceconi.
By a motion of Mr. Ceconi, seconded by Mr. Paolantonio, the
Chairman was asked to send a letter of commendation to Mr.
Swaby in recognition of his service. Motion approved by all
members present.
The brief organization meeting was closed by a motion by Mr.
Arcate and all Board members present ."were in favor.
Respectfully submitted,
Lynn Murray
Acting Clerk
LM

�4 - In Favor
CARRY-OVER FROM MARCH 12, 198 7 MEETING RE:
APPLICANT, MR. RODRIGUES, FOR VARIANCE

CLARIFICATION OF

Mr. Hughes, Village Counsel, withdrew from discussion of Mr.
Rodrigues Variance Application as it presented a conflict of
interest. He reminded the Board that he represented Mr.
Rogrigues.
Mr. Homan wanted the Board to be made aware of the fact that
the Minutes of March 12, 1987 did not reflect an important
aspect of that evening's granting a Variance to Mr. Rodrigues
to construct a multi-family dwelling unit on Clinton Street.
There was reference made at the time by the attorney
representing Mr. Rodrigues that there would be a covenant to
the deed of the property, that in the event the property was
sold, the parking spaces that were granted in the Variance
would run with the property. That condition should be
reflected in the Minutes. Mr. Homan asked Aldo Ceconi to
recall that it had been an issue and some time was spent in
discussion. "This is not one lot; the owner may want to
subdivide it. The point here is that we do not get into a
situation that the old building would be without parking."
Both Mr. Ceconi and Mr. Margotta agreed. James Margotta
stated that one of the reasons why it was brought before the
Board is that the owner was going to subdivide.
John Arcate, Chairman, stated that he agreed with the
requirement although he was not at the March 12th meeting.
At that meeting, Mr. Hughes, representing Mr. Rodrigues,
explained that there would be a total of thirteen spaces.
Mr. Homan asked if anybody on the Board had any problems or
comments on his request.
Mr. Paolantonio agreed. The Chairman stated that it is his
understanding that the motion carried a contingent
requirement about the parking for both buildings but it was
not so stated in the Minutes.
James Margotta, Building Inspector reported that Larry
Rodrigues wants to put up a building, raised above the
ground, with parking underneath. He wants to subdivide that
property and take the present office away from that property.
I turned him down on that because for all intended purposes,
it f s one lot. I wanted to be assured that his office would
have parking.
Mr. Homan advised what was necessary to do - Amending of the
Minutes to reflect that - in the event that ownership of the

�p
property changes, that the new property owner not be allowed
to take away the parking that was granted as part of the
Variance.
Board Member Aldo Ceconi agreed that's what its all about; we
are not changing anything.
The Chairman stated the Minutes will show that Mr. Homan
brought to the attention of the Board that the Minutes of
March 12, 1987, at which Mr. Homan was present, did not
reflect a conditional requirement of the Variance granted to
Mr. Rodrigues.
Upon motion of Mr. Ceconi, seconded by Mr. Paolantonio and
unanimously carried, it was
FURTHER RESOLVED:That the Zoning Board of Appeals made
the clear understanding that the Motion for the Variance
granted on March 12, 1987 carried with it, the condition that
a minimum of six off-street parking spaces for the proposed
development be retained for the use of the pre-existing
building as long as that pre-existing building shall stand.
Mr. Homan said it goes without saying that if property was
sold, the new owner cannot take away the six spaces that we
are discussing now.
It was also suggested that his requirement run with the Deed
of the property as a filed covenant or easement - make it
clear that a prospective buyer knows.
Member Aldo Ceconi

Voting

AYE

Member Raymond Dool

Voting

AYE

Member Frank Paolantonio Voting

AYE

Member Jerry Sturgill

Abstained

The Chairman

Voting

AYE

�ZONING BOARD OF APPEALS
Present:

April 9, 1987

John Arcate, Chairman
Aldo Ceconi
Raymond Dool
Frank Paolantonio
Paul Phillips
John Hughes, Counsel
James Margotta, Building Inspector

Mr. John Arcate, Chairman, opened the first hearing of April
9, 1987 at approximately 8:25 p.m. to consider the
application of E. J. Schryber appealing the denial of a
building permit by the Building Inspector for the conversion
of their property from a one family dwelling to a two family
dwelling on property located at 34 Hudson Street, North
Tarrytown.
Mr. Arcate asked if anyone would like to address the Board.
Mr. Schryber presented proof of notice to residents within
200 ft. of the property in questions, to the Board. He also
commented that the exterior of the house would not be
touched.
Mr. Paolantonio made a motion to close the hearing; Mr.
Raymond Dool seconded his motion. All Board members present
voted in favor of the motion.
The second hearing of the night was in regard to the
application of Frank Mangieri, 404 North Broadway, appealing
the denial of a building permit by the Building Inspector for
the construction of a ten (10) Unit Cluster Dwelling at 15
Chestnut Street, North Tarrytown.
Mr. Arcate asked if anyone would like to address the Board.
Mr. Donald Walsh, counsel for Mr. Mangieri, presented proof
of notice to residents within 200 ft. of the property in
question, to the Board.
Mr. Mangieri's architect for the project presented the site
plan to the Board explaining the location, parking, number of
dwelling units, etc.
A series of statements, questions and answers were exchanged
among the public present, members of the Board and Mr.
Mangieri's representative.

�Mr. Phillips made a motion to close the hearing; Mr.
Paolaritonio seconded his motion. All Board members present
voted in favor of the motion.
Respectfully submitted,
Lynn Murray
Acting Clerk
LM

�ZONING BOARD OF APPEALS
Present:

.

April 9, 1987

John Arcate, Chairman
Aldo Ceconi
Raymond Dool
Frank Paolantonio
Paul Phillips
John Hughes, Cousel
James Margotta, Building Inspector

The business meeting of April 9, 1987 began at 9:25 p.m.
The old business to consider was the minutes from the meeting
of March 12, 1987. The minutes were reviewed and approved by
the Board.
In regard to the first hearing of the night, of E. J.
Schryber, Mr. Arcate asked the Board if there was any further
discussion. The Board closely reviewed the application in
respect to the location and dimensions of the property in
parking.
Mr. Ceconi made a motion that the application be granted with
the condition that the off street parking area be paved; Mr.
Raymond Dool seconded the motion. Mr. Arcate and Mr.
Phillips were in opposition to the motion. The application
was granted by the Board by a vote of 3 to 2. Mr. Arcate
stating that the Board is aware of the descriptives of
paragraph 62-1OB which essentially say that there is no
residence in a manufacturing district and that the Board is
aware of the descriptives of paragraph 62-12B which says that
a non-conforming lot can only be occupied by a single family.
The Board nevertheless felt that in keeping with the purpose
of code section 62-2 that, in recognition of the prevailing
circumstances on the street, granting the variance satisfies
the requirements for a variance in 62-40C.
In regard to the second hearing of the night, Mr. Frank
Mangieri, Mr. Arcate asked the Board how it felt about the
application.
Mr. Arcate asked the Board if there was a motion to continue
discussion for the next meeting in the first week of May.

p

Mr. Walsh asked the Board to accept the application
contingent on the county's decision. Mr. Phillips made a
motion granting the variance subject to the county's
decision; Mr. Raymond Dool seconded the motion.

i^-i^^^^sM^J^^&amp;

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�Mr. Hughes stated that if the Board approved, this variance
would not be final unless the Board receives a no action
letter from the County. Mr. Arcate called for a vote. The
application was passed with a three to two vote with Mr.
Arcate against and Mr. Ceconi obstaining. The basis for
approval is the same as Boards decision on this proposal of
May 9, 1985.
Respectfully submitted,

Lynn Murray
Acting Clerk
LM

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