https://sleepyhollow.localarchives.org/files/original/33bd28063c69c36548e1d098091b2c79.pdf 2476bfa1a078c256b536f52eecbf511a PDF Text Text £ t -r it Approved with respect to substance and form: Vfllage Attorney Dated: 9-l*-$1 Approved by the Zoning Board of Appeals fair-man or Acting Chairman Jated: ?-ltf'<?<j Filed with Deputy Clerk n (X •t -U-g^vi^fctS Clerk or Deputy Clerk Dated: 9 / / ? / ^ • Date of Meeting t _,->--.& «v ^.-S-ii^.-.-ilU !_• *, "i ^ - / f . V ^ T i i ^ ^ A ^ ^ V ^ ^ ^ , ^ ^ ^ �NORTH TARRYTOWN, NY JULY 19, 1989 PUBLIC HEARING 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 Jerome Fine Raymond Dool Frank Paolantoriio Vincent Buonanno John Cappello ABSENT: James Karr ALSO PRESENT: 1. John J. Hughes, Jr., Village Attorney MATTER OF AMENTA 239 NORTH BROADWAY, NORTH TARRYTOWN The Clerk read the Public Notice to hear and consider an appeal from a decision of the Building Inspector in denying a building permit for the construction of a building on North Broadway, duly designated on Village Tax Assessment Map as Section 16, Block 7, Lots 4, 5, 6, 7, 8. Section 62-14A (1) Off-Street parking spaces shall have a minimum area of 180 sq. ft. while several parking spaces contain less than the required sq. ft. Parcel B requires forty parking spaces, including the handicap parking, while proposed plan provides for 39 spaces. Section 62-14B Location (1) requires off-street loading on the same lot, while proposed plan indicates location on Route 9. A use variance for an office building is required as per Section 62-8B C-l Schedule of Regulations. Mr. Maceyak asked if there was anyone present who would like to speak for or against the appeal. Mr. Amenta handed the Clerk proofs of service of Notice of Public Hearing. Mr. Amenta presented to the Board proposed plan of office building to be built. Mr. Margotta stated that the N.Y.S.D.O.T. has no objection to the plans as submitted, and he felt that the project was a good project and suggested that Mr. Amenta submit a "model" of the project in order for the Board to have a better picture of what it would look like. �Mayor Gandolfo stated that the Village Board of Trustees had discussed the project at their last Board meeting and their only concern was the "size" of the project and the "loading zone" on Route 9. They felt that a "loading zone" in the area was too close to the school. The Board of Trustees had recently denied a permit for a "loading zone" near the same location. Diane Ahboud, whose property is adjacent to the project was concerned on the sideyard and front line setbacks. Mr. Margotta stated that the Fire Department would make sure that all property regulations were adhered to. Mr. Donal Walsh, attorney for T. Marsala Investor's Partnership, owner of the former Mangieri property located at 15 Chestnut Street, presented a letter voicing their approval and concerns, which upon motion duly made and seconded and carried was made a part of the Official Minutes. Mr. James D'Orio, owner of the former Mangieri property stated that he was interested in the landscaping and the buffer zone as the property, which is commercial, abuts his property, which is residential. There being no further comments Mr. Dool moved, seconded by Mr. Cappello that the hearing be continued. Carried. BUSINESS SESSION Mr. Fine stated that he was concerned about the additional traffic and the drainage in the area, and the "ingress" and "egress" onto Route 9. Mr. Maceyak stated that a letter had been received from the Public Schools of the Tarrytowns acknowledging receipt of notice of public hearings on the Amenta and Immaculate Conception appeals, and stating that the Board of Education decided to take no action on either of these matters. A motion was made to continue the hearing until next month in order to review the long Environmental Assessment Form, landscaping plans and other documents. Mr. Maceyak declared a ten minutes recess. 2. MATTER OF IMMACULATE CONCEPTION CHURCH, 199 NORTH BROADWAY, NORTH TARRYTOWN (DEPEYSTER STREET PROPERTY) The Clerk read the Public Notice to hear and consider an appeal by the Immaculate Conception Church,, 199 North Broadway, North Tarrytown, New York from a decision of the Building Inspector in denying a building permit for the conversion of the church building known and duly designated �on Village Tax Assessment Map as Section 16, Block 15, Lots 3 & 4 to a six unit residential structure. Schedule of Regulations, 62-8B requires a front yard of 20* 0" while proposed plans indicate a side yard of 1.48' minimum and a total of 11.48'. A rear yard of 25' 0", while the proposed plans indicate 3.98' . Mr. John Nolan, representing the Immaculate Conception Church, stated that the plans had been submitted to the Church Council and to the Archdiocese. The plans were to sell the Church with certain restrictions to a developer, who would convert the church into six units of housing, which would then be sold to middle-income families. Mr. Armando Galella, Trustee of Immaculate Conception Church, state that the Pastor was on vacation, but he represented the Council. He stated that the church had planned to build a school on the property some years back but couldn't get funding, and at the present time the property was not needed. He also stated that the church could use the money that the sale of the property would generate. Mrs. Judith Washburn, Depeyster Street, stated that her property was adjacent to the church in question and she was quite concerned about he loss of privacy and the problems that would occur when construction began. She stated that the building was infested with bats and she was against the project. Mr. Anthony Fiorella, Sleepy Hollow Manor, asked if an Impact Study had been done on the property. Mr. Hughes stated that the Planning Board would request that an Impact Study be conducted. Mrs. Angela DeBiase, Depeyster Street, stated she was against the project as it would generate too much traffic on the street. Mr. Mario Belanich, North Washington Street, felt that the building was too close to the property lines. Mr, Christopher Sarro, Attorney for I.T.A.L.O., who presently have their quarters in the Church stated that the Church was asking for variances to maximize their profit when they sold the building. he felt that variances should only be granted in case of "hardship". He also stated that the church has offered the property for sale some months ago and there were no takers, and he felt the project did not make economic sense. �Mr. Frank Savage, Depeyster Street, stated that his property adjoined the church property and he submitted a letter stating his objections to the project. (Letter in official minutes). He stated that a parking lot would just create a nuisance and that teenagers will be hanging out and making noise. Mr. Ralph Cellante, Trustee of the Immaculate Conception Church, stated that if the church was demolished the owner could build a multi-family complex which would conform to the codes. He felt that the project would maintain the church and the large tree that is presently on the site. Mrs. Washburn stated that the parking lot would have to be "lit" at night and this would cause teenagers to congregate. Mr. Maceyak stated that the church would have to submit the plans to the Planning Board for their approval of the "Site Plan" and they would make them position the lights so the neighbors would not be annoyed. They would also construct proper buffers, etc. Mr. Armando DiBiase, Depeyster Street, stated that he felt that by granting all the variances that the church requested would create a hardship on the surrounding neighbors and he was against granting them. There being no further comments Mr. Cappello moved, seconded by Mr. Buonanno that the hearing be closed. Carried. BUSINESS SESSION Mr. Maceyak requested that Mr. Nolan submit the plans pursuant to SEQRA for review and that an Environmental Impact Study be undertaken and that detailed plans regarding apartments, and whether they will be rental or condos, be submitted. Mr. Maceyak stated that the Board would contact Clark Associates for their input on the project. Mr. Cappello moved, seconded by Mr. Dool that the Public Hearing be adjourned to a later date. Carried. 3. MATTER OF LAURENTIO RODRIGUES, 5 6 CLINTON STREET,NORTH TARRYTOWN - (35 Clinton Street Property) The Clerk read the Public Notice to consider an appeal of Laurentino Rodrigues, 56 Clinton Street, North Tarrytown, from a decision of the building inspector in denying a building permit for the conversion of a one-family dwelling at 35 Clinton Street, North Tarrytown to a two-family �dwelling duly known and designated on Village Tax Assessment Map as Section 16, Block 8, Lot 23A. The Schedule of Zoning Regulations, Section 62-8b requires, for the instant premises, a front yard of twenty (20) feet and a side yard of 5.0 feet. The proposed plans show a front yard of seven (7) feet and no side yard. Section 62-14 (1) "Off-Street Parking" requires 180 square feet, exclusive of aisles and driveways, while the proposed plan indicates a width of 8*0" for the driveway and does not indicate two parking spaces. The Schedule of Regulations requires a minimum lot size of 4000 square feet, while the proposed plan indicates a lot size of 2640 square feet. Section 62-12 Area - Nonconforming lots - In any R District, only a single family detached dwelling may be erected on a non-conforming lot provided that the front, side and rear yards of any such lot shall comply with the normal requirements. Mr. Rodrigues handed the Clerk proofs of service of Notice of Public Hearing. Mr. Maceyak asked if there was any one present who would like to address the Board on this subject. Mr. Maceyak gave the Clerk letters from?Mr. Manuel Cantillana, 39 Clinton Street, Mr. Santos Rogas, 58 Clinton Street, Mr. Victor Rivas, 28 Clinton Street, all in favor of granting Mr. Rodrigues the variances he requested. Mr. Rodrigues stated that when he purchased the property he had intended to renovate it as a one-family and a building permit was issued by the building inspector. Upon beginning construction he found there were two electric meters and two gas meters in the building. He then applied for a permit to renovate it as a two family dwelling, which permit was denied. Mrs. Doreen Quigley, 44 Clinton Street stated that she was a long time resident of the area and the house was never a two-family. Mrs. Margaret Kantrowicz, Cedar Street stated that the property was in the rear of her property and that Mr. Rodrigues has completely renovated the house and made it a two family. She also stated that it had never been a twofamily. Mr. Stanley Pulaski, Depeyster Street stated that the area was too congested and adding additional apartments �without creating parking would make it more congested. Mayor Gandolfo stated that the one-family dwelling is on a non-conforming lot and apparently the building had been abandoned for many years and felt that he needed a variance for a one-family dwelling. There being no further comments Mr. Fine moved, seconded by Mr. Paolantonio that the hearing be closed. Carried. BUSINESS SESSION The members of the Board proceeded to discuss the application. Mr. Buonanno asked Mr. Rodrigues if he was continuing the renovation of the building and if so, he should cease until the Board makes a decision. Mr. Rodrigues asked how long it would take the Board to render a decision. After a discussion Mr. Maceyak stated that the Board would render a decision at the next meeting. 4. MATTER OF BENOWITZ - (POLLOCK) 7 4 BEEKMAN AVENUE, NORTH TARRYTOWN Mr. Maceyak stated that the Board was continuing discussion on the above parcel, and asked if there was any one present who would like to address the Board on the subject. Mr. Lawrence Salley, Deputy Commissioner of Westchester County Department of Planning, spoke in favor of granting Mr. Pollock the variances he had requested. He gave information to the Board regarding Section 8 Assistance to Seniors and to Low-Income families who reside in the Village. He informed the Board that Mr. Pollock would be receiving assistance from the County in the form of low-interest loans. He stated that the project would be strictly monitored by the County in order to prevent violations. Mayor Gandolfo stated she realizes several variances have been requested for this project but she feels that this project offers an opportunity to rehabilitate a building that is desperately in need of repairs and Section 8 Assistance would be available to applying tenants. There being no further comments Mr. Paolantonio moved, seconded by Mr. Cappello that the hearing be closed. Carried. �• BUSINESS SESSION Mr. Fine stated that with the renovation of the building it would improve the area but felt that local residents be given first preference to the apartments. Mr. Fine questioned what effect the approval of the project would have on the Halpern Study. Mr. Maceyak stated that the Halpern Report was to rehabilitate the section of the Village which needed rehabilitating and this project would conform. He stated that Mr. Hughes would send a letter to Mr. Pollock stipulating the conditions on which the variances would be granted. Mr. Fine moved, seconded by Mr. Cappello that the variance application made by Mr. Pollock be granted for the following reasons subject to the following conditions: (1) That the applicant had demonstrated conclusive proof of economic or "dollars and cents" hardship due to an inability to earn a reasonable return on the property under a permitted principal use. (2) That the property was unique in that it could be converted to five (5) apartments without essentially changing the number of residents currently occupying the property. (3) That the impact of the new use of the property would be beneficial for the following reasons: (4) (A) The building would be rehabilitated in the entirety; (B) Separate apartments would be created so that families could reside in each apartment. (C) Since the building will be sponsored/financed by Westchester County and "Section 8" subsidized rents received, housing will be provided to low and moderate income residents of the Village of North Tarrytown. That the applicant receive all necessary variances form the State Building Department prior to any construction. �9 5. Mr. Maceyak polled the Board as follows Mr. Mr. Mr. Mr. Mr. Mr. Fine Paolantonio Dool Cappello Buonanno Maceyak Mr. Maceyak declared the motion carried. Yes Yes Yes Yes Yes Yes MINUTES OF MEETING OF JUNE 21, 1989 Mr. Maceyak stated that the Minutes of the Meeting of June 21st, 1989 had just been received and several corrections needed to be made and the Board would approve them at the next meeting. There being no further business to come before the Board Mr. Dool moved, seconded by Mr. Cappello that the meeting be adjourned. Carried. Respectfully submitted, Irene Amato Acting Clerk DEPUTY 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: Benowitz Premises: 74 Beekman Avenue Project: 5 family structure 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: fyJL^^Ot 11 &) 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_1989-07-19 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