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MINUTES OF THE ZONING BOARD OF APPEALS
VILLAGE OF NORTH TARRYTOWN, NEW YORK
October 29, 1987

Present:

John Arcate, Chairman, James Margotta, Building Inspector, Arthur
Brady, Counsel, S.J. Sturgill, Frank Paolontonio, Raymond Dool.
Chairman John Arcate called the meeting to order at 8:15 p.m.

1.

Matter of Mr. Joaquim Tavares, 22 Lawrence Avenue
Public notice was read at hearing by the secretary.
Ron Turnquist of Turnquist Architects, 95 Beekman Avenue
approached the board on behalf of Mr. Tavares.

Mr. Turnquist

presented Mr. Arcate with postal receipts of the notices to residents living within 200 feet of the property.
The property in question is a 3 story; 3 family building with
2 existing garages back to back.

The owner would like to remove

the existing front garage, utilizing the north wall of the existing garage; thereby creating one large garage.
Mr. Dool questioned how many parking spaces would this new
garage provide?

Mr. Turnquist stated that 2 onsite spaces will be

available outside the garage.

Mr. Margotta noted his concern if

Mr. Tavares would be parking his trucks in those spaces.
Mr. James McStay, 33 Lawrence Avenue questioned what the height
of the new garage would be?

Mr. Turnquist stated that the new gar-

age would be no higher than the existing garage.

It was also noted

that the height of the garage is limited to the first floor windows
of the house.
Mr. McStay also asked what would be stored in this garage?

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Mr. Turnquist noted that due to the height of garage (exterior 12')
and width of door (8') nothing larger than a van or small pick-up
would fit.
Mr. Arcate asked if the roof would be flat?

Mr. Turnquist

stated that it would be a flat roof.
Mr. Sturgill made a motion to close the hearing. Mr. Paolontonio seconded the motion; motion carried unanimously.

Matter of Mr. Jose da Silva,.104 Rice Avenue
Public notice was read at hearing by the secretary.
Mr. Arcate asked if there was anyone present to address the
board.

It was noted that Mr. da Silva was not present and no one

spoke on his behalf.
Mr. Arcate asked if there was anyone who could demonstrate
that the requirements of the building code had been satisfied for
a hearing, namely that property owners within 200 feet have been
notified.
Mr. Jim Timmings, 119 Rice Avenue addressed the board and stated
that he lives within 200 feet of the da Silva property and was not
notified of the hearing.
The board determined that the requirements of the code prevailed and that a valid hearing could not be held.
Mr. Margotta asked the board what the next course of action
would be. Mr. Arcate stated that the applicant starts all over
again.

Mr. Margotta questioned whether there would be another

hearing. Mr. Arcate noted that if the property owner remedies the
situation there would be no need for another hearing.

However if

�3
the applicant persists in obtaining a variance then another
hearing would be necessary.
Mr. Paolontonio made a motion to close the hearing.

Mr. Dool

seconded the motion; motion carried unanimously.

3.

Matter of Mr. Alberto de Carvalho, 283 North Washington Street.
Public notice was read at hearing by the secretary.
Mr. Philip Mondello, Attorney (office at 56 Main Street, Irvington, NY) approached the board on behalf of Mr. de Carvalho.
Mr. Mondello presented Mr. Arcate with postal receipts of the notices to residents living within 200 feet of the property.
Mr. Mondello noted that his client was never delivered a copy
of the notice of the public hearing and the notice that was sent to
the residents stated the wrong date. . A second letter was then sent
out with the correct date.
Mr. Mondello presented the board with supplementary information for their review regarding Mr. de Carvalho's proposed construction.
Mr. Arcate asked what the depth would be of the rear yard after
construction?

It was demonstrated by a map (drawn to scale) the

rear yard will exceed 40 feet after construction; requirement being
25 feet.
Mr. Margotta asked Mr. Mondello what the rooms Mr. de Carvalho
propose to add would be used for?

Mr. Mondello stated that a family

room will be added on the first floor and that on the second floor
two bedrooms exist which will be enlarged and a sitting area would
be added.

Mr. Mondello also noted that the addition would be covered

in the same vinyl siding that covers the house now.

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�Mr. Paolontonio made a motion to close the hearing.
seconded the motion; motion carried unanimously.

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Mr.Dool

�Business Meeting
Chairman Arcate opened the business meeting at 9:25 p.m.
1.

Approval of Meeting Minutes, July 23, 1987—Mr. Paolontonio made a
motion to accept the minutes with noted corrections.

Mr. Sturgill

seconded the motion; motion carried unanimously.

2.

Matter of Mr. Tavares—Mr. Margotta stated that he feels the new
garage will improve the looks of the area.
Mr. Sturgill noted that it may also help the parking situation on Lawrence Avenue and strongly feels the variance should be
granted.
Mr. Sturgill made a motion to grant the variance as applied.
Mr. Dool seconded the motion; motion carried unanimously.

3.

Matter of Mr. da Silva—Mr. Margotta stated that Mr. da Silva contends that there was an existing fence which he replaced with a new
6' fence.

However, Mr. Margotta noted that if he applied for a

building permit he would have known the requirements only allow a
5' fence; he also built the shed without a building permit.

Mr.

Margotta stated that Mr. da Silva is in court for building without
a permit.
Mrs. Timmings voiced her concern with Mr. da Silva1s constant
abuse of the zoning code.
Mr. Sturgill questioned how long the fence and shed have been
up.

It is believed that they have been up for at least 3 to 4 months,
The board urged the building inspector to have the village

prosecutor to proceed with the court case and to have it known that

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�the board was available to consider his application but he failed
to satisfy the requirements of the code.
The board feels they must take a stand and does not want this
to continue.

4.

Matter of Mr. de Carvalho—Mr. Arcate noted that due to the depth
of the lot there would be no problem extending in the back; the side
yard is in question and feels that it is a reasonable request.
Mr. Paolontonio noted that no negative comments were stated.
Mr. Dool made a motion to grant the variance as applied.

The

motion was seconded by Mr. Paolontonio; motion carried unanimously.

5.

New Business—Mr. Arcate stated that John Hughes informed him that
there are matters that are pending and must be addressed.
Next Meeting date is scheduled for Thursday, December 3.

6.

Mr. Paolontonio made a motion to adjourn.
be Mr. Dool; motion carried unanimously.

The motion was seconded
The business meeting

adjourned at 10:10 p.m.

Respectively submitted, ;.-.'

Mary C. Zimmermann
Secretary

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