https://sleepyhollow.localarchives.org/files/original/4aa1b52c48ab5049bc995b5eb7cf16c9.pdf 16a5ff46de99b356d64fba104f720b36 PDF Text Text • k. MINUTES OF THE ZONING BOARD OF APPEALS VILLAGE OF NORTH TARRYTOWN, NEW YORK 10591 February 25, 1988 Present: John ftrcate (Chairman), Aldo Ceconi, Raymond Dool, Jerry Sturgill, Frank Paolontonio, James Margotta (Building Inspector), Arthur Brady (Counsel) Chairman Arcate called the hearing to order at 8:10 P. M. It was noted represented that since Village Attorney John Hughes Mr. Maceyak in the past that Arthur Brady had would be substituting in his place as counsel at the hearing. 1. Hatter of Stephen Macevak. Tarrvtown. New York, 10591 22 Anderson Avenue, North Public notice was read at the hearing by the secretary. Mr. Donald Walsh, Attorney, of Walsh, Maroney, and located behalf at 14 North Broadway, Tarrytown addressed the of Mr. Maceyak. Mr. Walsh presented to the Ponzini board on board an affidavit of service consisting of postal receipts for notices to residents living within 200 feet of the said property. Mr. Brannigan Walsh summarized the letter received from Co., realtors, by stating that it would be a James hardship for the said residence to remain one-family and recommended it be converted into a two-family to increase the F. that marketability of the property. Mr. Maceyak confirmed that as stated in said letter, he was unable to receive any offers on his property at any price. Mr. be Walsh further stated that the parking problem will intensified since the plans call for an -, j*«*V^„-.,*rfi€^-«jtV_-j*;t,-&^-«»j-S£*S2ti;fl off—street not parking �space -for the use of the occupant of apartment with no increase in density. the one-bedroom studio He also noted that there would be a minimum of impact upon other facilities. Mr. Walsh environmental concluded impact that statement the Board should review the and approve the and consider application for his client. Donna Zaicek on behalf of Mrs. Anna Ciancaglini of 12 Tappan Avenue, North Tarrytown, was shown the proposed plan for the offstreet parking space by Mr. Walsh and questioned whether the extent of the application would be for the conversion of the onefamily to a two-family residence. what is being proposed. Mr. Arcate noted that this was She noted that if one person is occupying the apartment, then will that person have only one car. Mr. Arcate stated that the board cannot guarantee whether that reminded her this particular matter is not one that has come before the person that will only possess one vehicle. Board, He further but that the application is to convert an existing one- family house to a two-family one. Mr. Maceyak, in response to a question, noted that the in the question was built in the year 1937. Code requires two off-street Mr. Arcate parking noted house that spaces. Mr. Walsh noted that the concern of the public prior to meeting was the possible expansion of the said the house, but renovate the expansion is not proposed in the plans. Mr. basement Maceyak noted that he just desires to and leave it as a one bedroom studio apartment very small kitchen area. with a He emphasized that he attempted to sell �the house as a one-family residence but was unable to do so for the year was that it was on the market. He stated that he currently in financial problems due to carrying mortgages on both houses- He is just requesting to make this conversion so that he can rent the house and meet mortgage payments. Emmanuel Lobato of 21 Anderson Avenue, North Tarrytown, noted that he supports the application and stated that the asking price of said property will affect the future sale property. of adjacent An addition was constructed on his residence and the sale price will be determined by recent sales in the Webber area. he, Park Low sale prices will be a hardship to the neighborhood for example, addition that and the cannot get back the money placed any other structural improvements. conversion be allowed since it does into He not if the concluded reflect any impacts upon adjacent properties. Joseph Vanginderen of 115 Highland Avenue, North the son-in-law of the Mrs. Katherine Weaver expressed of 42 concern for the parking situation on Dell Tarrytown, Dell Street Street and noted that the problem is enormous and jeopardizes the safety of the public due to the many applications for conversions of single family homes into multi-family homes in the Dell Street area. Street Fire apparatus will find it difficult to enter the Dell area with street. vehicles parked on both sides of therefore objected to the said conversion and the He urged the Board to enforce the laws and reject this application. Mr. Walsh stated that the parking situation is one that client is attempting to avoid on Anderson Avenue. He his further stated that said conversion represents a model-type of conversion --X-v-j---?r^J%>,c'.4-^-i-^^n£^^^ �based upon unaltering the present character of Anderson Avenue. Mr. Joseph Colabella of 25 Tappan Avenue, North Tarrytown, noted that if the conversion conforms to all regulations, it will not affect the character of the neighborhood in the least and it is only fair to the applicant that we grant his request. Mr. Michael Schmidt of 25 Tappan Avenue noted that there are no vehicles parked on Tappan Avenue at night. Mr. Walsh stated that this concluded his formal presentation and that respectfully he provide has the requested that the board consider provided and noted that he would be the record willing board with any additional information prior making a decision. to to it He stressed that it has been established that the neighborhood would experience no negative impact and reminded the board that he has provided an environmental assessment form in the paperwork submitted and thanked the board for their time. Mr. Dool questioned whether Mr. Maceyak would be willing give assurance apartment Mr. occupant space or that the person who will be occupying to the will use the proposed off-street parking space. Maceyak gave his word that he will -insist of the apartment park either in the off—street in the garage so that no additional vehicle that the parking will be placed on the street. There being no further comments or questions the hearing was closed at 8;40 P. M. on a motion by Mr. Paolontohio second by Mr. Sturgill and carried. .J:i£u;.fz,= ^i^^H^^^m^^^^M^^^m^^^f^ • *«^S)£Afa«e*i£^iAjfci sfiiisiBi ^A^i^£^ASiii£is^^»^^i'^^^i^fi^g^^i^^^&sjki- �2. Matter g£ Herbert S. Beier. Tarrytown, New York. 1Q591 150 Palmer Avenue, North The public notice was read at the hearing by the secretary. Before the public comment period, Mr. Arcate are board that both himself and the village attorney of informed a letter and a attached statement from Marilyn in the receipt Benjamin, an adjacent neighbor, which he circulated among the Board members. Mr. Beier presented the board with postal receipts of notices to residents living within 200 feet of the said property. Mr. Beier looking deck then addressed the board by stating that he for replacement of the flagstone pavement with a placed flagstone at being grade level. The replacement dangerous when wet or icy. is due He noted wife fell and broke her leg about two years ago. is wooden to the that his He informed the board that he had to provide a secondary means of egress from the house. At the base of the stairway was the flagstone. His wife is now leery of utilizing the second egress due to the flagstone. The side installation lot property of the wooden deck is in accordance requirements is with the sole problem being less than 10,000 sq. ft., and as such, with the that the is a non- confirming lot size. Also in the application is the proposed construction of a foot he high fence down the side lot property line. He noted is contemplating raising fruit trees on the fence 5 that since the proper cultivating conditions exist. Mr. Arcate constructed Mr. questioned whether the privacy fence would along the full depth of the side lot property Beier stated that the fence will terminate at the • ^ • ^ ^ ^ '•^^A^^m^^^:M^&M^iM^k^JM » ~ ^ ^ . ^ * ^ ^ f & ^ ^ ^ be line. front of �the house- Mr. Beier stressed that he is in compliance with the side lot requirements. Tom Benjamin of 10 Ogden Avenue, White Plains, 10605, addressed the board on behalf of his parents Palmer Avenue, North Tarrytown. property residing then at 132 He circulated photos of the said and the second means of egress on the said property to the members of the Board. Mr. by Benjamin then proceeded to read the statement his mother, building Mrs. Marilyn Benjamin, on inspector appropriate to who informed him address the board. the that In this prepared advice of the would be of statement, it was it stated that placing the house in a sideways position resulted an immediate loss of privacy for the Benjamins. in Personal reasons, practical reasons, and reasons of a legal nature in the form of precedents were cited to support Mrs. Benjamin's contention that the application be denied and the events leading up to the concluded denied current matter in question were that detailed. Mrs. Benjamin is asking that this It was variance and that the Board order the removal of the be second deck within 15 days. On a question from Mr. Arcate in regards to the discrepancy in the plans in the side lot distances, it was clarified that the proper distance is as shown on the most recent plan. Mr. Beier then stated that after a complaint Benjamin, he contacted Mr. Margotta and informed that he should cancel the request for a variance. scheme was then worked out and he reiterated that from Mrs. Mr. Margotta A different all he removing is the hazardous flagstone on the side of the house is and �' replacing it with a wooden platform at about 2 inches above grade to assure a safer footing. Mr. Arcate noted that the staircase as shown on the plan to gain access to the first floor level of the Beier agreed. Mr. Beier again stressed secondary means of egress to the house. wooden deck residence. that this is Mr. is the He then stated that the would consist of 2 x 4 sleepers with 2 x 4 planks placed on top. Mr. Margotta stated that the original plan was scrapped, the second plan was approved, but then a complaint was received and construction was suspended. Mr. Ceconi noted that the matter has come before the board due to the property being of a non-confirming lot size. Mr. Arcate stated that the letter read by Mr. Benjamin will be made a record of the hearing. Mr. Beier answered the charge of lack of privacy indicated by Mrs. Benjamin's statement by noting that the lack of is on the part of the Beiers due to residence in a sideways position. this was the Beier's own decision. plans of the proposed fence. the placement privacy of Mr. Benjamin interjected Mr. Benjamin then Mr. Arcate stated that their that requested the does not require plans but only requires that the fence meet provisions of the Code which permits a 5 foot high fence on Board the side lots not extending beyond the front building line. There being no further presentations or comments, hearing was closed on a motion by Mr. Ceconi, second by Mr. and carried. 7 the Dool �ZONING BOARD OF APPEALS BUSINESS MEETING OF FEBRUARY 25, 1988 The business meeting was called to order by Chairman Arcate at 9s19 P. M. Old Business Chairman 21, Arcate requested that the minutes of 1988 meeting be approved. minutes were There being no January corrections, approved on a motion by Mr. Dooi , Paolontonio and carried. the second the by Mr. Mr. Sturgill commented that the minutes are very well typed. Mr. Arcate then reported that a proposal from Mr. Homan indicated that it would be useful to hold a joint meeting with the * and Board of Trustees, the Planning Board, and the Zoning on March 10 to discuss matters regarding reassessment. that Board He stated items for the agenda should include any other matters that come before the Zoning Board. Mr. should Margotta added that parking for multi-family dwellings be addressed and gave details on the requirements. On a question from Mr. Sturgill, Mr. Arcate stated that this joint meeting would be scheduled at the call of the mayor. Mr. course on zoning at Pace College on March 22, 24, 30, and 31 from 7:30 to lO M. P. Sturgill reported there would be a short Mr. Arcate noted that the fees for this course have been reimbursed by the village and Mr. Homan should be contacted. 8 I;--.- May �Matter of. Stephen Maceyak. Tarrytown. New York 10591 Mr. 22 Anderson Avenue. North Sturgi11 stated that this case involves conversion to a two family dwelling in a R-4 zone. Mr. Arcate stated that we have no -factual information on the percentage of building structure to lot area. It was again stressed that the conversion is to a one bedroom studio apartment. Mr. Sturgi11 stated that buildings have been constructed non-conforming variances have conforming lot lots prior been to adoption granted, and not of the present withstanding size, the building permit has been proposed structures. allowed, on constructive grandfathering, whereby on code, the non- denied Variances could be granted, if the for Code non-conforming uses prior to adoption of the code were implicitly grandfathered into the Code. Mr. Sturgi11 then stated that we have heard all the issues in regards to this matter and moved that the variance be granted. Mr. Walsh reminded the board that state law mandates environmental impact statement be read and included as a part the of any decision made by the members of the Board. Mr compliance Sturgi11 withdrew his motion and moved with the law, the zoning board be declared that the in lead agency and so finds a negative declaration with the environmental impact statement. His motion was seconded by Mr. Paolontonio and carried unanimously. Mr. Sturgi11 restated his motion which was seconded by Mr. Paolintonio. The parking situation was discussed with Mr. Arcate , ^^SxMz~^M,4a£*%^M\*^w^^£-j-i^.: stating ^^"^^^&^/f^^^"i^^f-^^g^*.£^l^^^^£^^^^3^^^y^^^^^^^y �that the motion should be amended to include the stipulation that the off-street parking space be dedicated solely for the use the applicant. motion. Mr. Sturgill approved the amendment to of his This motion was approved with Messrs. Dool, Paolintonio, and Sturgill in favor and Mr. Ceconi opposed. There being no further discussion, the first order of business was concluded at 9:45 P. M. 2. Matter of Herbert S. Bei er, Tarrvtown, New York, 10591 130 Palroer Avenue, North Mr- Arcate stated that the proposed structural additions within the requirements of the Code. are We are again considering in this case a sub-division prior to 1964. the Mr. Dool stated that we are only considering replacement of flagstone in with a wood deck and the erection of a fence this application. On a extent of question from Mr. Ceconi, Mr. Arcate work in consideration is the fence, asked the if the steps, the platform, and the landing ? Mr. Arcate suggested that if the building permit for the steps and the landing had been challenged prior to construction, it would have become apply for a variance. necessary The board must now address this to situation so there is no doubt as to whether all of this construction is legal. Mr. and Margotta commented that the construction of the platform was necessary as a secondary means of stairs egress and therefore was a matter of safety which prompted him to issue the 10 �building permit. Sharon that Souz.a of 430 Bell wood Avenue stated that it the board is wrapping the entire extent of the appears construction into one package. Mr. on decision the construction but is laying all of the information on table the Arcate stated that the board has not made any for consideration by the Board. application pavement with is for replacement of He then the the reiterated existing a safer wooden platform laid on the that flagstone ground and erection of a 5 foot privacy fence along the westerly lot line as included in the application. On a question from Sharon Sousa, Mr. Arcate stated that the construction of the wooden platform was halted since no building permit was obtained. Mr. Sturgill stated that this matter has raised the issue non-conforming Approval for uses of structures in non-conforming of situations. construction of any structure must come from the Board in this particular case. Mr. Sturgill then stated that the point with the landing is not to grant a variance but rather to confirm the discretion of the building inspector to grant the building permit. stated that any privacy arguments that might arise, even he sympathetic towards the issue, is solely is a He also though neighborhood issue and not a zoning one. Mr. Beier then stated that his dwelling is longer than it is wide and so its placement provides for more space between the houses then if it faced the same way as adjacent dwellings. There being no further discussion, Mr. 11 Paolontonio moved �that the board grant the variance. The motion was seconded by Mr. Sturgill and unanimously carried. Mr. board Arcate stated that the minutes should reflect that has secondary taken notice of the construction of the means of egress and that the board porch hereby the as moves confirm the discretion^of the building inspector in granting permit. It a to the This confirmation was unanimously approved. was noted that the next zoning board meeting, if required, will be held on March 22, 1988 at 8 P. M. There being no further business, the meeting was adjourned at 10:08 P. M. on a motion by Mr. Dool, second by Mr. Ceconi, and carried unanimously. 12 • -, - *.-- =• ;i*k-j.' ^ri'AA «Ji,i">«5 :~~>s- 4« ^'^ : iii&w^*4dsS&lfeyM � 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-1988 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_1988-02-25 Subject The topic of the resource Zoning Board Minutes & Resolutions-1988 Date A point or period of time associated with an event in the lifecycle of the resource 1988 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