https://sleepyhollow.localarchives.org/files/original/2b2efcf71b5340e23a6c89c4d04dd605.pdf 923b075ade444a873dc766d2049d4452 PDF Text Text m • Approved with respect to substance and form: Village Attdrne^ Dated :<?-/*-ft Board of Appeals ?-/*- H Filed with Deputy Clerk CX. (f\>-o>jLi^ • C l e r k o r Deputy C l e r k D a t e d : 9/(<}/ <?<t Date of Meeting 9 fe*&. D.^iKfiiiAi^-iattJi^fc-- i4iiteis^ii&wsl£iiSAi»*^^li>6«'iaS!i^Ssf*i ^^»^*e*iWi>*^Sifefef&si^S«fefiie^aM»4 : 4sSS3 �PUBLIC HEARING NORTH TARRYTOWN, N.Y. JUNE 21, 1989 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 Dool 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. MINUTES OF MAY 17, 1989 MEETING Mr. Buonanno moved, seconded by Mr. Karr that the minutes of May 17, 1989 be corrected as follows: Page 5 Paragraph 6- Correction- Insert- "anytime without notification" Page 5 Paragraph 4- Correction- Insert- "immediate" Page 7 Item 3- Correction- Add- "unrelated to construction of new home". Page 7 Item 5- Correction-Add- "5. There shall be no new curb cut or modification of old curb cut". Mr. Cappello moved, seconded by Mr. Dool that the minutes be approved as submitted with the corrections. CARRIED. 2. MATTER OF BENOWITZ, (POLLOCK) 74 Beekman Avenue, North Tarrytown. BUSINESS SESSION Chairman Maceyak stated that the Board had made a site inspection of the premises at 74 Beekman Avenue and had discussed the renovation of the premises with the Architect. Mr. Paolantonio stated that his only concern was;the parking problem and where the tenants would park. There is no available parking between Cortlandt Street and Washington Street at present. Mr. Cappello stated that he was willing to compromise if Mr. Lenowitz eliminated the apartment on the first floor. �-2Mr. Maceyak inquired of Mr. Lenowitz regarding the possibility of an alternate plan with fewer apartments. Mr. Lenowitz stated that a "Financial Statement" had been submitted regarding the project and felt that it was not economically feasible with less than five apartments. Mr. Maceyak stated that he felt the Board would be creating a bigger parking problem if they allowed the requested variances. Mr. Fine inquired as to the availability of the Halpern Study and how Mr. Lenowitz's project would fit into the plans being drawn by Mr. Halpern. Mr. Paolantonio asked when the Halpern Study would be completed. Mr. Regan stated that this would take approximately 45-60 days. Mr. Buonanno moved, seconded by Mr. Karr that the matter be tabled until the Village receives the Halpern Plan to determine whether the project, as proposed, would conform to any re-zoning of the area. CARRIED. 3. MATTER OF SHIBETTI, 20 Dell Street, North Tarrytown. The Clerk read the Public Notice to hear and consider an appeal by Mrs. Joan Shibetti, Mahoney Place, North Tarrytown, N.Y. to convert a two-family residence at 20 Dell Street to a temporary three-family residence. Dell Street is in an R-4 District. Schedule of Regulations- Section 62-8B, General Description states that this is a one and two family residential district. The premises are known and duly designated on Village Tax Assessment Map as Section 17, Block 1, Lot 12A. Mr. Maceyak asked if there was anyone present who would like to speak for or against the appeal. Mrs. Shibetti handed the Clerk proofs of service of Notice of Public Hearing. Mrs. Shibetti stated that they were interested in making an apartment for her daughter and son-in-law, who had both just graduated from College and were returning to the area to continue their education. It would be a temporary apartment as they would eventually buy their own home. �-3Ms. Susan Galgano, 225 Gordon Avenue, North Tarrytown stated that Mr. Buonanno was also the owner of this property and the matter of changing from two family to three family had been discussed previously. She stated that Mr. & Mrs. Shibetti owned other houses in the area and felt they could give their daughter an apartment in one of the other houses. She stated that by granting this variance they would be creating a "spot zone." Mr. Frank Rey also of Webber Park stated that he was opposed to granting the variance as it was not in the best interest of the village and also stated it would be creating "spot zoning." Mr. Maceyak stated that they were requesting a "temporary variance" and would convert the apartment back to an office and exercise room. There being no further comments Mr. Paolantonio moved, seconded by Mr. Dool that they hearing be closed. CARRIED. BUSINESS SESSION The members of the Board proceeded to discuss the application. Mr. Buonanno excused himself from the discussion and voting as he was directly involved with the property in question. Mr. Fine stated that the Code provided for a "Temporary Use" of property for a period of twelve months, which maybe renewed once. Mr. Fine stated that if the applicant could assure the Village that they would convert the property back to two family at the end of the one year term, that the variance should be granted. Mr. Dool stated that to grant this application would be "spot zoning". He was against granting the variance because there was no difference between this applicant and any other family which had children in.need of dwelling space. Mr. Paolontonio agreed, stating that the Applicants had not demonstrated economic hardship, other than a need to find an apartment for their daughter and son-in law. He noted that the Applicants owned other rental property in the Village. If this application was approved, there would be no good reason to deny any property owner in this Zoning District who wish to create third apartments for their adult children. This may also be a legislative act, not a decision to be made �-4by the Zoning Board. Mr. Cappello was also against granting the variance for similar reasons. Mr. Karr was in favor of the variance, noting that the applicants were long time residents, simply trying to assist their own children. Mr. Karr moved, seconded by Mr. Fine, that a variance permitting 3 families in a 2 family zone be granted for twelve months, at which time it would be reviewed by the Board, the property would be inspected by the Building Inspector, that the variance be revoked and that the kitchen be removed. Mr. Maceyak polled the Board as follows: Mr. Mr. Mr. Mr. Mr. Mr. Fine Dool Karr Paolantonio Cappello Maceyak Yes No Yes No No Yes Mr. Maceyak declared the vote a tie vote. Pursuant to Roberts Rules, the motion was "defeated". VARIANCE DENIED for the above stated reasons. Mr. Maceyak declared a ten minute recess. 4. MATTER OF WAYNE JEFFERS, Re: 410 North Broadway, No, Tarrytown The clerk read the Public Notice to hear and consider an appeal by Wayne Jeffers, 184. Midland Avenue, Tarrytown, N.Y. from a decision of the Building Inspector in denying a building permit to relocate two gas pumps, to build a one story addition and to install a restaurant in the existing building at 410 North Broadway, known and duly designated on Village Tax Assessment maps as Section 17, Block 21, Lots 109 and 109-112. The facility as a gas station is non-conforming in accordance with Section 62-19 A,B,C,D- Gasoline Service Station. Schedule of Regulations, Section 62-8B does not allow a restaurant in the C-l District. Mr. Donal Walsh, representing Mr. Jeffers, stated that it was the intent of Mr. Jeffers to relocate and renovate the gas station pumps and to generally improve the area. The station previously had "junk" cars parked on the property but -^^^'^^^^fS^^^JtiJ^^ �-5would like to add to the present building and install a canopy over the new pumps. He stated that he had previously sent a letter outlining the plans. Mr. Walsh stated this was the first step in cleaning up the area. Mr. Jeffers had planned to renovate the station only and was approached by "Uncle Jerrys Delicatesen" regarding the building of a restaurant and the gas station. Mr. Donald Caetano, Lawrence Avenue stated that Old Broadway was a very narrow street and questioned whether it could handle the additional traffic. Mr. George Fitzpatrick of Hunter Avenue stated that his family owned the adjacent property and felt that the improvements would be an asset to the area and to the Village. Mr. Rey, Holland Avenue, North Tarrytown stated that it would be an asset as "Uncle Jerry's" runs a very nice business, and Mr. Jeffers has an excellent reputation in the Village. Ms. Donna Stafford, of Old Broadway, North Tarrytown, stated that her family is in favor of the project as it would clean up the area and enhance their property. There being no further comments, Mr. Buonanno moved, seconded by Mr. Cappello that the hearing be closed. CARRIED. BUSINESS SESSION The members of the Board proceeded to discuss the application. Mr. Cappello stated that if we denied the variance, "Uncle Jerry" would be out of business and the village needs this type of business in the area. Mr. Walsh stated that it would not be a "Tappah Hill" type of restaurant but with the Restoration across the street, people do want to eat at a restaurant when they visit North Tarrytown. Mr. Buonanno stated that he was in favor of granting a variance and in the event the restaurant closes, the zoning would revert back to a C-l District. Mr. Fine stated he was in favor of granting a variance as a restaurant was needed in the area and the gas station would be renovated. �i * •;.«• -6- • Mr. Cappello stated that he did not normally travel in that area but felt that it would be an asset to the village. Mr. Karr moved, seconded by Mr. Dool that Mr. Jeffers be granted variances as requested in the Public Notice as follows: A Building Permit be granted to install and relocate two gas pumps, to build a one story addition and to install a restaurant in the existing building at 410 North Broadway, known and duly designated on Village Tax Assessment maps as Section 17, Block 21, Lots 1-9 and 109-112. CARRIED. Mr. Maceyak instructed Mr. Jeffers to submit plans to the Planning Board and to the Architectural Review Board. ADJOURNMENT Mr. Cappello moved, seconded by Mr. Dool that if there was no business to come before the Board that no meetings be held during July and August. CARRIED. There being no further business to come before the Board Mr. Dool moved, seconded by Mr. Paolantonio that the meeting be adjourned. CARRIED. Respectfully submitted, Irene Amato Acting Clerk ,,, .U_LOLU AUG 2 4 1989 nFPUTY CLERK •ft " V ^ - K - - * ; - . £ £ ',?_V_—W-j.,;-; : ^ . - c ' i ~^:^^-^^^ �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: Jeffers Premises: 410 N. Broadway Project: Gas station/Restaurant 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: 4' > > '<*) Village Counsel1 i - e f e . f e s * ™ ^ :-rf«afti£s=«..3ftii-w .-.i-,:.-i,--.a-i...s.i.^. ;:« -. � 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_1989-06-21 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