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Approved w i t h r e s p e c t t o s u b s t a n c e and form:
ViWfageP A t t o r n
Dated: %~\%^k&lt;\

Approved by t h e Zoning Board of Appeals
or Ac

Filed with Deputy Clerk
Clerk or ^Deputy Clerk

KL^K.my
Date of Meeting

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�VILLAGE OF NORTH TARRYTOWN
ZONING BOARD
MINUTES OF NOVEMBER 16, 1988 MEETING

Present: Stephen Maceyak, Chairperson, John Cappello, Aldo Ceconi, James
Karr, Raymond Dool, Frank Paolontonio
Also present: Building Inspector James Margotta
Village Attorney John J. Hughes
Chairperson Maceyak opened the meeting promptly at 8:00PM. He stated
that the meeting would open with old business tabled from tha last Zoning
Board Meeting of October 27, 1988.
MATTER OF MARK &amp; BARBARA NACKMAN, 279 FARRINGTON AVENUE, NORTH TARRYTOWN,
N. Y.
Variance tabled from the last meeting. Mr. &amp; Mrs. Nackman were late,
and it was suggested by Building Inspector Margotta that the board wait
until they arrived to hear their case. He suggested continuing with
other old business.
MATTER OF SABASTIAN SCHIAVONE, 101 &amp; 105 CORTANDT ST., NORTH TARRYTOWN,
N. Y.
Village Attorney John Hughes advised the board that Mr. Schiavone withdrew
his application for a variance.
MATTER OF VINCENT BUONANNO, 20 DELL STREET, NORTH TARRYTOWN, N.

Y.

Mr. Buonanno has applied for a variance to build a basement apartment
in his two family house. (Section 17, Block 1, Lot 12A)
The clerk read aloud the public notice. Mr. Donal Walsh represented
Mr. Buonanno and Mr. &amp; Mrs. Shibetti, co-owners of the property, and
presented the clerk with the required postal receipts. Chairperson
Maceyak reported that several letters were received by the board regarding
the requested variance.
The clerk read aloud 6 letters from surrounding neighbors 5 urging approval
and one letter that objected to the request for variance for a number
of reasons. 1) area is zoned for 1 and 2 family houses. The house was
recently built by the owners with full knowledge of the zoning requirements.
Granting the request would allow "spot zoning" for new housing. 2)
Did not consider "hardship" a valid reason as any hardship would be
self-imposed since the house was constructed under present zoning laws
and with full knowledge of the restrictions under those laws. 3) Against
the argument that building meets all other requirments for multi-family
dwellings (Parking) again, this would create "spot zoning".
Mr. Walsh spoke about the issue of re-zoning and about the hardship
reason stating the the one of the owner's married daughter and husband
were returning to N. Y. to finish their education, and would need somewhere
to live. The Board questioned the family as to what would happen to
the apartment after the children left and since there are a number of
children in both families, the owners felt it would never really be
empty.

�-2-

A vote was taken to close the public discussion and passed unanimously.
The Board went into session addressing the Jfacts before them and when
a vote to deny the variance was imminent, Mr. Walsh approached the Board
and asked to withdraw, without prejudice, the application for variance.
He felt that since Mr. Buonnano was not present to answer all the questions
the board had, he would ask for a withdrawal.
The Board agreed to withdraw the request for variance.
MATTER OF Mark &amp; BARBARA NACKMAN, 279 FARRINGTON AVENUE, NORTH TARRYTOWN,
N. Y.
The Nackman's request for a variance was tabled from last meeting.
Mrs. Nackman presented the Zoning Board with another drawing of the
proposed addition to the kitchen. In the new drawings, it was clearer
to the board as where the new addition would be located, as well as
the height of the new building.
Dr. Stiles asked about the shed that is on the property presently and
Mrs. Nackman responded that the building was on the property when she
purchased the house, and it had nothing to with her current request
for a variance.
Ray Dool made a request to close the hearing and to take a vote. Aldo
Ceconi seconded the motion. A motion to grant the variance was made
by Ray Dool and seconded by John Cappello. Vote passed unamiously by
the Board.
MATTER OF FRANK MANGIERI, 15 CHESTNUT STREET, NORTH TARRYTOWN, N. Y.
The clerk read the public notice aloud. Mr. Donal Walsh, attorney representing
Mr. Mangieri presented the clerk with the required postal receipts.
Mr. Walsh give a brief history of the request for variance, (Section
16, Block 7, Lot 27) and presented the board with new plans indicating
a larger building, with coverage now of 36%, more screening, set back
further from street, and with more parking spaces. He felt that the
previous requests for variances were no longer needed as the new plan
met a number of the zoning requirements.
Chairperson Maceyak asked for comments from the public. A number of
residents commented about the parking and the drainage problems now
existing in the area.
A motion was made to close the public hearing by John Cappello and seconded
by Aldo Ceconi. A motion to grant the variance was made by James Karr
and seconded by Frank Paolontonio. The vote before board was:
(1) Section 62-8 (B) requires lot coverage of 30 %. The coverage proposed
by the site plan is 36%.
(2) Section 62-8 (B) of the Zoning Code requires 5,000 sq. ft. for the
first 3 units, 1500 sq. ft. for each additional unit. The Zoning Code
requires 15,500 sq. ft. for the proposed 10 dwelling unit building.
The existing lot contains 11,300 sq.ft.

�(3) Section 62-14 (B) of the Zoning Code provides that off street parking
shall be provided on the same lot as the use to which it is appertenant.
The site plan proposes that parking spaces NO. 13,14,15, 16 be located
off site. Vote 3 yes, 1 abstention. Variance granted by a majority
of the voting members.

Frank Paolotonio made a motion to adjourn the meeting, seconded by James
Karr. Carried unamiously.
Chairperson Maceyak announced the next Zoning Board Meeting would be
held Wednesday, January 18, 1989 at 7:00 PM in Village Hall.
Meeting adjourned 9:25 PM

Respectfully submitted

•A/
Francesca Lorenz
Village Administrator's Office

fl

�RESOLVED:
1.

The Zoning Board of Appeals (the "Board") of the Village

of North Tarrytown hereby designates itself

"Lead Agnecy" for

purpose of considering the environmental effects of the following
project:
Applicant: Nackman

2.

Premises:

279 Farrington Avenue

Project:

Addition

The Board has examined a Short Environmental Assessment

Form prepared by the applicant.
3.

The action as above described

is an unlisted action

pursuant to Article 8 of the Environmental Conservation Law and
Part 617 of the Rules and Regulations promulgated thereunder, and
will, in and of itself, not have a significant effect on the
environment, so that no Environmental Impact Statement is required
or need be filled therefor.
4.

Nothing herein contained, however, shall be deemed to

indicate or suggest that subsequent submissions for development of
the property

will not

require

the preparation

and

filing

of

for

the

Environmental Impact Statements.
5.

This

resolution

is

a

Negative

Declaration

purposes of Article 8 of the Environmental Conservation Law, Local
Law Environmental Quality Review Act for the Village of North
Tarrytown, and will be kept on file at the Village Hall and be
available for public examination.

Dated: H-; ^ - ^

Village Counsel

�RESOLVED:
1.

The Zoning Board of Appeals (the "Board") of the Village

of North Tarrytown hereby designates itself

"Lead Agnecy" for

purpose of considering the environmental effects of the following
project:
Applicant: Mangieri

2.

Premises:

15 Chestnut Street

Project:

Area Variances

The Board has examined a Short Environmental Assessment

Form prepared by the applicant.
3.

The action as above described is an unlisted action

pursuant to Article 8 of the Environmental Conservation Law and
Part 617 of the Rules and Regulations promulgated thereunder, and
will, in and of itself, not have a significant effect on the
environment, so that no Environmental Impact Statement is required
or need be filled therefor.
4.

Nothing herein contained, however, shall be deemed to

indicate or suggest that subsequent submissions for development of
the property

will

not

require the preparation

and

filing

of

for

the

Environmental Impact Statements.
5.

This

resolution

is

a

Negative

Declaration

purposes of Article 8 of the Environmental Conservation Law, Local
Law Environmental Quality Review Act for the Village of North
Tarrytown, and will be kept on file at the Village Hall and be
available for public examination.

Dated: | ( ^ &gt; 3 _ ffi

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