https://sleepyhollow.localarchives.org/files/original/7a89ca324082b7b09286f3bb86c3cf83.pdf 8215d43209c1f82bba7531e4ede8afee PDF Text Text ZONING BOARD OF APPEALS OF NORTH TARRYTOWN, N.Y. Present: May 28, 1987 John Arcate, Chairman Aldo Ceconi Frank Paolantonio Jerry Sturgill John Hughes, Counsel George Lackowitz, Village Engineer James Margotta, Building Inspector The business meeting of May 28, 1987 began at approximately 9:10 p.m. The first order of business was the approval of the minutes of April 9, 1987. Mr. Arcate stated that Board members should have received a draft copy of minutes prior to this meeting, and that final copies were received this evening. Mr. Arcate asked if there were any additions or corrections. Mr. Sturgill had some technical corrections which were given to the clerk. The corrections to the hearing minutes were 1) Fourth paragraph, second line, strike "e" from "unit"; 2) fourth paragraph, last line, "questions" should be singular; 3) last paragraph, second line, "member" should be plural. The corrections to the business meeting minutes were 1) Middle of third paragraph, "their" should be "there"; 2) middle paragraph, third line from bottom, after "of the code" should add "(62.2)"; 3) second paragraph from bottom, "their" should be "there". Mr. Sturgill motioned to accept minutes as corrected. The motion was seconded by Mr. Paolantonio. The minutes were accepted by a unanimous vote. The next order of business was the approval of the minutes of May 7, 1987. Mr. Sturgill requested that approval of minuted be deferred since not all of the Board members had reviewed the minutes. Chairman Arcate denied request for deferral, but decided members should review minutes while the Board remained in session. After review by-members, Mr. Paolantonio motioned to accept minutes. Mr. Ceconi seconded motion. Mr. Arcate asked that the minutes show the correction of the spelling of Mr. William Null's last name. All were in favor of acceptance of minutes. Mr. Arcate stated that there was no other old business and there was also no new business. Mr. Arcate opened a discussion as to the scheduling of the next meeting of the Zoning Board. After a discussion among members it was decided that the next Zoning Board meeting be scheduled for Thursday, June 11, 1987 at 8:00 p.m. A discussion of proper notification procedures followed. Mr. Ceconi and Mr. Sturgill stated that there should be a checklist developed for applicants regarding proper procedures. Mr. Arcate noted that this already exists. A brief discussion followed on the events of this hearing insofar as failure of applicants to meet proper notification and time requirements. Mr. Ceconi motioned to adjourn. Mr. Paolantonio seconded the motion. All members were in favor. The meeting was adjourned at 9:45 p.m. Respectfully submitted, Arlene Maguire Acting Clerk �ZONING BOARD OF APPEALS OF NORTH TARRYTOWN, N.Y. Present: May 28, 1987 John Arcate, Chairman Aldo Ceconi Frank Paolantonio Jerry Sturgill John Hughes, Counsel George Lackowitz, Village Engineer James Margotta, Building Inspector Mr. John Arcate, Chairman, opened the first hearing at 8:16 p.m. to consider the application of Thomas E. Hales, Merlin Avenue, appealing the March 18, 1987 decision of the Building Inspector. Mr. William Null of Cuddy & Feder, 90 Maple Avenue, White Plains, New York, addressed the Board on behalf of Mr. Hales. Mr. Null presented receipts of registered mail as proof of proper notice to residents, but also stated that three of the property owners required to be notified of the hearing were not so notified. Mr. Null addressed those present at the hearing and asked that if those persons not properly notified were present tonight, if they would stand before the Board and waive notice. Counsel Hughes stated for the record that Section 62.44 of the Zoning Code states that no waiver provision can be implemented at this point, so there is no alternative but to not go forward with the hearing at this time. Mr. Null requested a postponement of said hearing and that a new date for hearing be scheduled. Mr. Ceconi questioned Mr. Margotta that this was the second time that property owners had not been notified. A brief discussion ensued relative to the fact that this was the second time residents were not properly notified. The decision of the Board to postpone the hearing stood. The second hearing of the night was in regard to an application submitted by Manuel A. Martin, 24 Haynes Avenue, Dobbs Ferry, N.Y., appealing the March 18, 1987 decision of the Building Inspector to refuse a certificate of occupancy for a two family dwelling at 65 Howard Street, North Tarrytown, N.Y.. Mr. John Pappalard, of Grossback & Boycoff, addressed the Board on behalf of Mr. Martin. Mr. Pappalard stated that although the said property fell 800 feet short of the required minimum lot size for a two family dwelling, he requests a variance be granted since the property could more than adequately accommodate two families (two baths, two heating systems, two hot water systems, two entrances, and room to construct a two car garage). As well, the house is 75 years old and has always been used as a two family dwelling. Mr. Pappalard also stated that the Town of Mt. Pleasant registered said premises as a two family dwelling since 1964. Also, most of the surrounding neighbors presently have two or three family homes. �Mr. Paolantonio asked if proper notice had been served.,.i4Mr. Pappalard could not furnish the Board with receipts of registered mail. Mr. Pappalard then stated that he was under the impression that Mr. Margotta would serve proper^ notice to those residents requiring said notice. A discussion regarding the proper procedure for notification of property owners followed. Mr. Pappalard request postponement of hearing. Mr. Arcate stated that although the hearing'had been opened, it could not be continued due to the fact that the applicant did hot provide proof of notice of hearing to property owners within 200 ft. in accordance with Paragraph 62.44 of the Zoning Code, although applicant acknowledges receipt of list from Building Inspector. The third hearing of the night was in •regard to the application of Kempton E. Webb, 252 Hunter Avenue, appealing the April 23, 1987 decision of the Building Inspector to deny building permit to construct a two car garage. Mr. Kempton E. Webb addressed the Board and showed proof of proper notification to property owners, such proof being receipts of registered mail and the signatures of those persons whom he properly served. Mr. Margotta looked over the proof submitted and noticed that the signatures which Mr. Webb had gotten from property owners were not on the notice of hearing. Counsel Hughes asked if Mr. Webb would provide an affidavit that he personally served notice. At this point, Mr. Arcate adjourned the meeting for a short time so that an affidavit could be obtained. Mr. Arcate reopened the hearing at 9:00 p.m. Counsel stated that most of the residents were personally served notice on May^18, 1987. However, two of the residents were not served until May 21, 1987. Mr. Hughes informed the Board that the hearing could not go forward since notice must be given to residents by certified mail or personally served with affidavit before a notary public 10 days prior to hearing. Those served oni May 21r 1987 did not meet this requirement. Mr. Jerry Sturgill questioned -Mr. Hughes if there was a waiver of notice provision whereby those who were served on May 21, 1987, if present at the hearing, could waive notice of hearing. Mr. Hughes stated that while this waiver provision exists at the State and Federal level, it could not be implemented at this Zoning Board meeting of the Village of North Tarrytown. Mr. Arcate asked if there were any comments from the Board. Since there were none, it was decided that the hearing be rescheduled for not less than three weeks. There being no further comments, Mr. John Arcate closed the hearing at 9:06 p.m. Respectfully submitted, Arlene Maguire 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-1987 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_1987-05-28 Subject The topic of the resource Zoning Board Minutes & Resolutions-1987 Date A point or period of time associated with an event in the lifecycle of the resource 1987 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