https://sleepyhollow.localarchives.org/files/original/688aea268e2d6dc15643969f9894a780.pdf 62e7931848b3c56087e68704edb2945f PDF Text Text -s. » • Approved with respect to substance and form: Vil^lge kttorne Dated: £->/~ %j Approved by the Zoning Board of Appeals nijsfan or Acting >ated:^>|^ Filed with Deputy Clerk Clerk or ^Deputy Clerk Dated: <£/£^/&q n.irsi Date of Meeti tmg -,--. -• u^xe - „ & s l A ; t * i S - ^ i a f i M , i i ^ �y NORTH TARRYTOWN, N.Y. May 17, 1989 PUBLIC HEARING 4 A Public Hearing was held before the Zoning Board of Appeals of the Village of North Tarrytown on the above date. PRESENT: Stephen Maceyak, Chairman John Cappello Raymond Dooly James Karr Vincent Buonanno Frank Paolantonio Jerome Fine ALSO Present; John J. Hughes, Jr., Village Attorney Chairman Maceyak called the meeting to order at 8 p.m. 1. APPOINTMENT OF NEW CHAIRMAN Mr. Maceyak stated that the first order of business was to appoint a new Chairman. Mr. Cappello moved, seconded by Mr. Paolontonio that Mr. Maceyak be elected Chairman. Carried. ^^ fl^fc Chairman Maceyak then welcomed the new member of the Board, Mr. Jerome Fine. 2. MINUTES OF APRIL 19, 1989 MEETING Mr. Buonanno moved, seconded by Mr. Karr that the minutes of April 19, 1989 be corrected as follows: Page 2 Item 3 - Correction - "existing front interior steps from first floor to the second floor not be removed". CARRIED. Mr. Cappello moved, seconded by Mr. Karr that the minutes be approved as submitted with the correction. Carried. 3. MATTER OF KRINGAS, 149 Webber Avenue, North Tarrytown, New York Mr. Hughes stated that Mr. Kringas and his attorney notified him that they could not be present at the hearing. Mr. Paolontonio stated that he thought it was short notice and felt we should have the hearing. Mr. Hughes stated we should have the Public Hearing as there were many people present who wished to be heard. -1- �The Acting Clerk read the Public Notice to hear and consider an appeal by Demetrios Kringas, 149 Webber Avenue, North Tarrytown, New York from a decision of the Building Inspector in denying a building permit for five one-family attached dwelling units on property located on the westerly side of Webber Avenue, between Bedford Road and Sleepy Hollow Road, known and duly designated on Village Tax Assessment Map as Section 17, Block 4, Lot 5C. The proposed plans, which call for five (5) attached single-family dwelling units, are in violation of Zoning Code, Schedule of Regulations 62-8B, District R3, (which provides for single family detached dwelling units only), Section 62-7(c) (which provides that no more than one principal building and its accessory building shall be erected on any one lot) and Section 62-14B (2) (which requires that not more than two (2) vehicles may be located in a front yard). Chairman Maceyak accepted a Petition from thirty (30) residents of the area in favor of the decision of the Building Inspector denying the application of Demetrios Kringas. (Petition in Official Minutes). - Mr. Arthur Ceconi, Amos Street inquired if Mr. Kringas had withdrawn his petition. Mr. Ceconi stated that this was the second time a public hearing had been called and Mr. Kringas did not show up. Mr. Dool said it bothered him that people had to come to a public hearing and the applicant does not appear. Mr. Dorothy Paolantonio, Amos Street, stated that several years ago a builder wanted to build miilti-family homes in a one family district and permission was not granted. She feels that the area should remain comprised of one family homes. Mr. Donald Caetano, Lawrence Avenue inquired when the Zoning Board was going to stop giving variances. By giving variances the Board is "Spot Zoning". Mr. Maceyak stated that the Building Inspector enforces the Building Code but people have the right to apply for a variance in the case of "hardship" and the Zoning Board has the right to either grant or deny a variance. There being no further comments Mr. Paolantonio moved, seconded by Mr. Buonanno that the hearing be closed. Carried. �4. MATTER OF BENOWIT, 74 Beekman Avenue, North Tarrytown, New York The Clerk read the Public Notice to hear and consider an appeal by Paul Benowitz from a decision of the Building Inspector in denying a building permit to change the occupancy of 74 Beekman Avenue, North Tarrytown, New York from a two family dwelling to a five family dwelling, said premises being known and designated on Village Tax Assessment Map as Section 16, Block 6, Lot 10. Section 62.8B requires two additional parking spaces. The building is non-conforming in that the proposed lot width is 25 f -0". The proposed lot size is 3125 sq. ft. Section 62.8B requires 50-00 sq. ft. for the first three families and 1500 sq. ft. for each additional family — five families would require 8000 sq. ft. Mr. Benowitz handed the Clerk proofs of Service of Notice of Public Hearing. Mr. Benowitz explained to the Board present plans for 74 Beekman Avenue. He stated there were at present, two-five bedroom apartments. Plans were to make two apartments on both the second and the third floor and an apartment on the first floor, which would be handicap accessible. The plans called for complete renovation of the store also. Mrs. Katherine Lingardo, Pine Close inquired if Mr. Benowitz was a resident of the village or would he be an absentee landlord. Mr. Pollock stated that he was a grandson of Edward Pollock who was a resident of the village for many years. He stated that the building was in disrepair and he and his partner purchased it from the Estate and were interested in rehabilitating the building. For his plan to be economically feasible, the building would have to have at least five apartments. Mr. Ugo Checchi stated that he was a member of the Parking Authority and he felt that to give permission would create a serious parking situation, as there was a lack of parking at the present time. Mr. Margotta stated that if permission is refused, it would probably become a "Boardinghouse" type of tmilding. Mr. Maceyak stated that the Village will be appointing an Architectural Review Board to review variances granted by the Zoning Board. �There being no further comments Mr: Dool moved, seconded by Mr. Fine that the public hearing be closed. Carried. • BUSINESS SESSION: After a discussion, Mr. Buonanno moved, seconded by Mr. Dool that the matter be "tabled" in order that the Board might study the matter further. Carried. After a discussion, the Board agreed to meet with Mr. Pollock and Mr. Benowitz on Monday, May 22, 1989 at 7 p.m. to look at the property involved. 5. MATTER OF TAVERAS, 22 Lawrence Avenue, North Tarrytown, New York The Clerk read the Public Notice to hear and consider an appeal by Joao Taveras, 22 Lawrence Avenue, North Tarrytown, New York in denying a building permit for the addition of a kitchen which would be creating a habitable dwelling unit as per Definitions in Article II, Section 30A.11. Schedule of Regulations, 62-8B requires a minimum lot size of 5,000 sq. ft., plus 1500 sq. ft. for each additional family over three families. Said property contains 4,79 2 sq. ft. Mr. Maceyak asked if there was anyone present who would like to speak for or against the appeal. Mr. Margotta stated that Mr. Taveras had obtained a building permit to install a playroom and bathroom in his basement. He granted a permit and when he inspected the basement, Mr. Tavares had also installed a kitchen, which then constituted an apartment. Mr. Tavares was issued a summons and was fined. he is appearing before the Zoning Board requesting a variance so that he does not have to remove the kitchen. Mr. Dool stated that he had inspected the building and in his opinion it was an apartment. Mrs. Katherine Lingardo asked when the Village was going to start enforcing the Village Codes. Mr. Maceyak informed Mr. Lingardo that Mr. Tavares has a right to apply for a variance. There being no further business to come before the hearing Mr. Dool moved, seconded by Mr. Karr that the hearing be closed. Carried. -4- �BUSINESS SECTION Mr. Dool stated that Mr. Tavares knew that he did not have a building permit to install a kitchen and therefore he should not be granted a variance. Mr. Cappello stated that he felt Mr. Tavares defied the Building Inspector by putting the kitchen in and he would reserve decision. Mr. Maceyak stated that the Board could give a one-year variance that would be renewable each year and the building would be inspected at anytime. Mr. Karr moved, seconded by Mr. Buonanno that a one-year variance allowing a kitchen, with the stipulation that the area would never be used as an apartment or for separate dwelling or residential purposes may be used only by Mr. and Mrs. Tavares and their immediate family. It may never be used for a separate residence or apartment. Mr. Maceyak polled the Board as follows: Mr. Fine Yes Mr. Dool No Mr. Karr Yes Mr. Buonanno Yes Mr. Paolantonio No Mr. Cappello No Mr. Maceyak Yes Mr. Maceyak declared that the motion was carried by a 4 to 3 vote. Mr. Maceyak stated that the Building Inspector would inspect the premises at any time from tonight to insure that the conditions of the variance were being fulfilled. Acting pursuant to the State Environmental Quality Review Act ("SEQR"), the Board declared itself lead agent and further resolved that this action would have no negative effect on the environment. 6. MATTER OF SOLARI, 47 New Broadway North Tarrytown. New York The Clerk read the Public Notice to hear and consider an appeal by Enrico Solari, 47 New Broadway, North Tarrytown, New York from a decision of the Building Inspector denying a building permit for an additional proposed dwelling house on the premises known as Section 17, Block 19, Lots 16, 17, 18 and 19 on the Tax Assessment maps of the Village of North Tarrytown. �The existing residence on the premises is nonconforming to present Zoning Code requirements as follows: 1. Section 62-8 (B) of the Zoning Code requires a minimum side yard of 3 feet. The existing side yard is 9 inches. 2. Section 62-8(B) of the Zoning Code requires a front yard of 20 feet. The existing front yard is 10 feet. 3. Section 62-8 (B) of the Zoning Code requires a rear yard of 20 feet. The existing rear yard is 21 feet. 4. Section 62-8 (B) requires lot coverage of 35 percent. The current coverage is 44 percent. 5. There are no parking spaces and three apartments in the existing residence, all contrary to Section 62-8(B) of the Zoning Code. The premises are known as Section 17, Block 19, Lots 16, 17, 18 and 19 on the Tax Assessment Maps of the Village of North Tarrytown. Mr. Charles Keeney, attorney for Enrico Solari, stated that the property was purchased in 1971 and further stated that Mr. Solari wished to build a two-family residence for his son and they would share a common driveway. Mr. and Mrs. Charles Shibetti of Mahoney Place spoke in favor of granting Mr. Solari a variance to construct a twofamily house. Mr. Maceyak stated that he had received a letter from Mrs. Joseph Henshaw, 50 New Broadway, who stated she had been ill and unable to attend the Public hearing but felt that Mr. Solari should be granted a variance to build a two-family house. Mr. Maceyak stated that he had received a letter from Robert Barstow, 11 Pine Street, Ronald Greene of 15 Pine Street, Marion Jansen of 15 Pine Street, Joe Gizzi of 48 New Broadway and Kathi Barstow of 11 Pine Street, all in opposition to granting Mr. Solari a variance. They stated that Mr. Solari runs a commercial construction operation and parks large vehicles in the area and feel that the neighborhood is too congested for this kind of project. There being no further comments to come before the Public hearing Mr. Dool moved, seconded by Mr. Paolantonio that the hearing be closed. BUSINESS SECTION The members of the Board proceeded to discuss the application. �Mr. Solari stated that he had notified the third family they would have to move by June 30th, 1989 in order for him to conform to the Board's wishes, and all commercial trucks would be removed after construction. His son was negotiating for a garage elsewhere. Mr. Cappello moved, seconded by Mr. Buonanno that Mr. Solari be granted variances as requested in the Public Notice on the following conditions: 1. That the third apartment in the existing residence be permanently removed - kitchen, gas meter, electric meter removed prior to issuance of a building permit. 2. That there be no further parking of commercial trucks on the premises. 3. That there be no loading or unloading of construction materials on the premises. 4. That sufficient parking be provided for both residences a minimum of two (2) on site parking spaces for each residence. 5. That no new curb cut be permitted. Acting pursuant to SEQR, the Board declared itself lead agent and further resolved that this action had no negative effect on the environment. 7. ADJOURNMENT There being no further business to come before the Board to Mr. Fine moved, seconded by Mr. Cappello that the same be duly adjourned. Carried. Respectfully submitted, Irene Amato Acting Clerk �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: 2. Applicant: Solari Premises: 47 New Broadway Project: Building lot 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 Environmental Impact Statements. 5. This resolution is a Negative Declaration for the 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: JLtf- f<j Village Counsel - • ^ • ^ f e ^ * ^ .5i,3i3i, ^-^-'^'^^^^SiM^Ss^S^^'^j^^jif4^iif--r3i ','^-^*c^^fes^^«JIsiJ»£5ir^^^^ffc?^.^^^^ �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: 2. Applicant: Taveras Premises: 22 Lajtfrence Avenue Project: Dwelling unit - additional 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: / - ! * ' • • ' Village Counsel � 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-1989 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_1989-05-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-1989 Date A point or period of time associated with an event in the lifecycle of the resource 1989 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