https://sleepyhollow.localarchives.org/files/original/b983c57844d7e4be7c90df6a0d5f6cee.pdf a06cad7dabaa2ac380b542d78f11f9e7 PDF Text Text MINUTES OF THE ZONING BOARD OF APPEALS VILLAGE OF NORTH TARRYTOWN, NEW YORK December 3, 1987 'Ci m Present: John Arcate, Chairman, James Margotta, Building Inspector, John Hughes, Counsel, Aldo Ceconi, Steve Maceyak, Raymond Dool, Frank Paolontonio Chairman John Arcate called the meeting to order at 8:05 pm. 1. Matter of Mrs. Adele Curtin, 1 Beekman Avenue Public notice was read at hearing by secretary. Mr. Thomas Curtin, 44 Harwood Avenue approached the board on behalf of Adele Curtin. Mr. Curtin asked the board to grant a variance to allow them to change the present restaurant (VITTLES) which is a fast food restaurant to an eat-in/sit down restaurant. Mr. Curtin presented the board with additional information regarding the new restaurant. Mr. Arcate asked Mr. Curtin if he had evidence of notice to property owners within 200 feet. Mr. Curtin presented the board with the postal receipts. Mr. Curtin noted that he had spoke with building inspector and was informed of the requirements needed to open the restaurant. Adequate parking already exists. Mrs. Florence Valcarce, 5 Beekman Avenue stated that the notice she received indicated that a fast food restaurant was going in the building and that Mr. Curtin indicates that it is going to be a sit down/eat-in restaurant. Mr. Curtin assured Mrs. Valcarce that it is not going §1; to be a fast food restaurant, it is going to be a Japanese Restaurant. Mr. Dool questioned whether the existing 8 parking spaces were adequate. Jim Margotta indicated that the -4*r*JSfr , ^ ^ . i V , f.*^-*^;:^^^ �0 spaces meet the code. Mrs. Valcarce also requested that the garbage dumpsters not be placed under her windows. Mr. Curtin indicated that should not be a problem. Mr. Ceconi asked if any exterior changes would be made. Mr. Curtin believed that possibly some plantings would be added and the sign would be changed. Mr. Paolontonio made a motion to close the hearing. Mr. Dool seconded the motion; motion carried unanimously. Matter of Mr. Jose da Silva, 104 Rice Avenue Public notice was read at hearing by secretary. Mr. David Dempsey approached the board representing Mr. & Mrs. da Silva. Mr. Dempsey presented the board with the postal receipts of the notices to residents living within 200 feet of the property. Mr. Dempsey indicated that the da Silvafs wanted to construct a concrete patio and walkway on their property. In order to do so, the existing fence had to be taken down (the fence posts remained) and then the fence was replaced. The shed was in such poor condition that an entirely new shed began to be constructed (the building inspector stopped the construction). Mr. Art Ceconi, Amos Street - representing his mother who resides at 119 Gordon Avenue, asked the board if a building permit was required for the replacement of the fence and shed. Jim Margotta noted that a building permit was required. Mr. Ceconi then asked if a building permit was requested. Jim Margotta said that no permit was requested �or issued and he stopped the construction on the shed; Mr. da Silva then applied for a/variance which was denied. Mr. James Timmings, 119 Rice Avenue questioned the need for the hearing because a month ago a hearing was scheduled and the applicant did not meet the necessary requirements. Mr. Arcate noted that the board came to no decision on the matter at the last meeting (October 29), Mr. da Silva did not demonstrate to the board the necessary requirements to hold a hearing and therefore no hearing could be held. Mr. Dempsey stated that the legal notice was not received in time in order to mail the notification of hearing to the residents in the area. Mr. Arcate asked Mr. Dempsey if he could show reason of hardship why the fence has to be 6 feet in height (rather than the required 5 feet)? Mr. Dempsey noted that the fence existed before and was replaced. Mr. Arcate indicated that the code states that if a non-conforming structure or use is more than 507o removed it can not be restored. Mr. Dempsey noted that the shed is used for storage of tools. The fence is used as a privacy barrier and also indicated that the retaining wall is quite high and therefore used as a safety precaution. Mrs. Grace Malandrino, 104 Gordon Avenue stated that she has no objection to the da Silva's fence or shed. In fact, she believes it improves the value of their property and does not take away from her property. Mrs. Timmings, 119 Rice Avenue stated that she does not object to the fence but objects to the idea of constructing the fence without inquiring about the code first and believes the shed is an eyesore and that the basement could be used for storage. ': '--^ : =^iS>v_^;^^^s*----w^~*i#JvSVi^iV- i l-r„- '„ v *-"»=^"'-**iss3i^teJ^SJ^fe^^i<BS#J^i^te^j^i«aii8 C^.*^i^*^*^-JJ- *' * ~^_ -* i. < * W^AX*-£=S �Mrs. Meade, 38 Gordon Avenue, stated the da Silva's maintain their property beautifully and has no objection with the fence. She also mentioned that her children play in that area and would not like to see them fall over the wall on the da Silva property. Mr. da Silva reported that there is not a foundation for the shed as Mrs. Timmings indicated. One side has stone along it for aesthetic reasons only. Mr. Aldo Ceconi believes since this is the second time the da Silva's have built something without a permit that they should know the rules and start living up to the zoning codes. Mr. Steve Maceyak made a motion to close the hearing. Mr. Aldo Ceconi seconded the motion; motion carried unanimous Matter of Frank Mangieri, 404 North Broadway Public notice was read at hearing by secretary. Mr. Donald Walsh, Attorney (office at 14 North Broadway, Tarrytown) approached the board on behalf of Mr. Mangieri. Mr. Walsh presented Mr. Arcate with postal receipts of the notices to residents living within 200 feet of the property. Mr. Walsh stated that the reason he is before the Zoning Board is because the Planning Board has made some changes on the site plan (for firematic reasons) and therefore need a new variance. The Planning Board has suggested that 4 parking spaces be relocated off the premeses (relocated to an adjacent lot). Mr. Walsh indicated that this is by no means a final approval of the project. This is an ongoing project and is still being reviewed by the Planning Board. �Mr. Arcate questioned whether the previous application for variances which were granted over a year ago and no action taken need to be renewed. Jim Margotta indicated that they need not be renewed because they are still before the planning board. Mr. Walsh stated they renewed the variances in April 1987. Mr. Walsh asked that while considering the variance, that the resolution be made in two parts. The first part stating that it will have no impact on the environment and the second being the resolution to grant the variance. Mr. Margotta indicated that on the original plans there were 8 parking spaces and now there are only 4 spaces. He asked if 4 more spaces could be added (on Gesner Place). Mr. Walsh said there would be no problem adding the 4 additional spaces. The boards suggested it be designed in such a manner that thru traffic could not go through the area. Mr. Anjenta, owner of ATC Building, 239 North Broadway stated that he believed too many variances have already been granted and no plans have been made for guest parking. Mr. Maceyak stated that the code does not require arrangements for guest parking. Mr. Amenta also noted that he wrote a letter to the board stating his concerns. Mr. Arcate indicated the letter will be part of the file. Mrs. Mangieri suggested that if there is a problem with people parking in Mr. Amenta's lot he should contact the Police Department. Mr. Steve Maceyak made a motion to close the hearing. Mr. Frank Paolontonio seconded the motion; the motion carried unanimously. �^• Matter of Dominic LaCaruba, 27 Maple Street Public notice was read at hearing by secretary. Mr. Donal Walsh, Attorney (office at 14 North Broadway, Tarrytown) approached the board on behalf of Mr. LaCaruba. Mr. Walsh presented Mr. Arcate with postal receipts of the notices to residents living within 200 feet of the property. Mr. Walsh stated the Planning Board referred this applicant to the Zoning Board to consider a restaurant in the C-l District. The proposed restaurant will be a family style restaurant/ sit down (50-60 seats); 10-12 parking spaces (located at 276 North Broadway). Mr. Margotta stated that the Exxon Station although it is in the C-l Zone is in a peculiar situation. The code states the area can not have a gas station within 300 feet of another gas station (that therefore eliminates the building used as a gas station). Jim also noted that the board denied the use for a used car lot on the same basis. Mr. LaCaruba stated that he has had the property for two years and has had a very hard time finding a tenant. Mr. Ceconi asked if any changes or additions would be made to the building. Mr. Walsh indicated that possibly brick face would be done to the outside (this project is still in the preliminary stages). Mr. Ceconi also asked if any additional parking would be added. Mr. LaCaruba indicated that employee parking would be on top. Mr. Walsh asked that when considering the variance to make the resolution in two parts. The first part stating that it will have no impact on the environment arid the second being the granting of the variance. Mr. Steve Maceyak made a motion to close the hearing. �« * Mr. Raymond Dool seconded the motion; the motion carried unanimously. / I m f: : J-. --v_-?.- tjsi.fe^rti^.^,-,_4i;5 isfjk:^ « ^lft--,^Csifis.*A^i*5*^i6^asrt^^Sa&S^iai^S �Business Meeting ' Chairman Arcate opened the business meeting at 9:50pm. Approval of Meeting Minutes, October 29, 1987: Mr. Frank Paolontonio made a motion to accept the minutes as submitted. Mr. Raymond Dool sedonded the motion; motion carried unanimously. Matter of Adele Curtin: Mr. Maceyak recommended that the board grant the variance because there is a need to revitalize and upgrade the area. Mr. Paolontonio also agrees the variance should be granted. Mr. Maceyak made a motion to grant the variance as applied in accordance with paragraph 62-2 and paragraph 62-40C of the code and be here by resolved that pursuant to Article 8 of the Environmental Quality Review Act, that the Zoning Board of the Village of North Tarrytown finds that thi project has no adverse effect on the environment. Mr. Paolontonio seconded the motion; motion carried unanimously. Mr. Arcate suggested that the Zoning Board ask the Village Board of Trustees to reexamine the definition of the C-l District of the zoning code. Matter of Dominick LaCaruba: Mr. Maceyak suggested that the board grant the variance. He believes the project would be an asset to the community. Mr. Paolontonio stated that Mr. LaCaruba established a hardship by having no income on the building for a long period of time. �Mr. Maceyak made a motion to grant the variance as applied in accordance with paragraph 62-2 and paragraph 62-40C of the code on the grounds that the applicant had demonstrated practical difficulties in locating a suitable tenant and be here by resolved that pursuant to Article 8 of the Environmental Conservation Law and the implementing rules of that law, entitle the State Environmental Quality Review Act that the Zoning Board of the Village of North Tarrytown finds that this project has no adverse effect on the environment. Mr. Dool seconded the motion; motion carried unanimously. Matter of Mr. Jose da Silva: a) Mr. Arcate stated that he did not see any demonstration of the need for the extra foot in the height of the fence. A discussion ensued among the board members on whether the fence could be lowered to the 5 feet requirement. No solution could be resolved. No justification was made to why the fence had to be 6 feet. Mr. Aldo Ceconi made a motion to deny the variance as applied in accordance with paragraph 62-40C of the code on grounds that the applicant did not satisfactorily demonstrate the need for a 6 foot fence. Mr. Paolontonio seconded the motion; motion carried unanimously. b) Jim Margotta asked Mr. da Silva what covering was intended for the shed. put Tl-11 covering. is constructed. Mr. da Silva said he had planned to Steve Maceyak asked how much of the shed Jim Margotta indicated that the frame, siding and roof are completed. �Tarrytown finds that this project has no adverse effect on the environment. Mr. Paolontonio seconded the motion; motion carried unanimously. The Board also noted that screening should be done on the north side of the parking area. Meeting adjourned; next meeting is scheduled for Thursday, January 21, 1988 at 8:00 pm. � 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_1987-12-03 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