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                  <text>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
tcflmey
Dated: &lt;?-&gt;o ~ g*j

Approved by t h e Zoning

:

/ " - ^ - ^

F i l e d w i t h Deputy Clerk
C l e r k o r Deputy Clerk
Dated: 9 / a / / i P 1

3-tfc- ft?
Date of Meeting

of Appeals

�PUBLIC HEARING .

NORTH TARRYTOWN, N.Y.
AUGUST 16th, 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
Jerome Fine
Frank Paolantonio
John Cappello

ABSENT:

Raymond Dool
Vincent Buonanno
James Karr

ALSO PRESENT:

John J. Hughes, Jr. Village Attorney

Chairman Maceyak called the meeting to order at
8 P.M.
1.

Matter of Tucci, 304 No. Washington Street, 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 installation of a kitchen*in the
basement of a two-family residence at 304 North Washington
Street, North Tarrytown, N.Y. in that it would be creating a
third dwelling unit and would not meet the State and Building
Code requirements.
The said premises are known and designated on Village
Tax Assessment Map as Section 15, Block 13, Lot 13.
Chairman Maceyak asked if there was anyone present
who would like to address the Board.
Ms. Lynn Farrell, representing Anthony &amp; Serena
Tucci owners of 304 North Washington Street stated that due
to the fact that the matter was in the local Justice Court,
and required variances from New York State Department of
Housing, she respecfully requested an adjournment of the
hearing. She stated that
Mrv'*&amp; Mrs. Tucci were requesting
permission from the Zoning Board in order to install a
kitchen at premises owned by them.
Mr. Fine moved, seconded by Mr. Cappello that the
hearing be adjourned to a later date. Carried.
Mr. Margotta, Building Inspector requested that
notices be sent to all those interested parties and a legal
notice be inserted in the newspaper.

�Dr. Richard Sweet, 309 North Washington Street
stated that he and his wife were against granting a variance
and submitted a letter outlining their objections, which he
wished to be made a part of the minutes.
Mrs. Patricia Perry, 305 North Washington Street
stated she was against granting the variance due to the
parking situation on North Washington Street and felt there
should be no permits granted for additional apartments in the
area.
Mr. Maceyak stated that the Tucci Family would have
to apply to the State and they should come back to the Zoning
Board when that step was completed.
2.

Matter of Laurentino Rodriques, 56 Clinton Street, North
Tarrytown - (35 Clinton Street Property)

Mr. Hughes stated that he had received a letter
from Mr. Rodriques withdrawing his application for a variance
for a two-family residence but wishes a variance to permit
a one-family residence.
After a discussion, Mr. Paolantonio moved, seconded
by Mr. Cappello that Mr. Rodrigues be granted a variance for
a one-family dwelling at 35 Clinton Street on the following
conditions:
1. That all work on the second floor apartment be
removed, which includes the kitchen, f„„ „
"
2]. That all electric and gas service meters to the
second apartment be removed to the satisfaction of the
Building Inspector. Carried.
Mr. Rodrigues had established economic hardship to
the satisfaction of the Board.
Mr. Cappello moved, seconded by Mr. Paolantonio
that a Final Inspection be made by the Building Inspector
before a Certificate of Occupancy is granted. Carried.
3.

Matter of Immaculate Conception Church - Multi-family at
former Methodist Church on Depeyster Street.

Chairman Maceyak stated that Mr. afolan who
represents the Immaculate Conception Church would discuss the
plans for the property belonging to the Church on Depeyster
Street.
Mr. Nolan stated there would be five one-bedroom
apartments and one three-bedroom apartment, all with separate
entrances. Mr. Nolan stated that the buildings would be sold
as condominums and run by an association formed by the tenants

�-3He stated there were to be "buffer" zones of high shubbery
around the property. He also stated there would be exterior
lighting with heavy shading so that neighbors would not be
disturbed.
Mrs. Judith Washburn, Washington Street, stated
thattier-propertyadjourns the property in question and was
concerned about the density and the noise.
Mr. Christopher Sarro, Attorney for I.T.A.L.O.
questioned the impact of additional traffic in the neighborhood
and felt that too many variances were being requested and
felt that the Church should put the property on the market
"as is".
Mr. DonaldjCaetano, Lawrence Avenue, stated that
the Board would be "Spot Zoning" if the variances were granted.
Mr. Maceyak stated he felt it would not be "Spot
Zoning".
Mr. Paolantonio stated that the building which has
not been used as a Church for many years cannot be used as
a Church without variances and felt there was a conflict
between two factions in the Church.
Mr. Fine stated that he would like to know more
about the construction of the present building, but felt that
basically it would benefit the village. He also stated that
the matter might be referred to the Architectural Review
Board for their views.
Mr. Nolan stated they were preparing to go before
the Planning Board as they had many questions regarding catch
basins, trees, parking and type of construction. Mr. Nolan,
also stated that they needed the variances regarding set-backs
in order to proceed with Plans and Drawings.
Mrs. Washburn stated that the Church was quite old
and wondered if it oould withstand new construction.
After a discussion, Mr. Nolan stated that "Site Plans"
will be reviewed by the Planning Board and will be filed with
the Office of Land Records in White Plains.
Mr. Ugo Checctii, College Avenue stated that:as
Chairman of the Parking Authority for the Village of North
Tarrytown, he was informing the Board that the site was
considered for Off-Street Parking. He felt that the Board
should take this fact into consideration before granting
variances for the apartments.
Mr. Maceyak stated that according to the plans there
would be ample parking "on site".

�-4Mr. Ralph CelIante, Hudson Terrace, Trustee of the
Immaculate Conception Church stated that parking was needed
but affordable housing was also needed in the Village. He
felt that Church would be doing a.good service to the
community, instead of selling it outright and perhaps having
it torn down.
There 'being no further comments, Mr. Fine moved,
^seconded by Mr. Cappello that the Public Hearing be closed.
Carried.
BUSINESS SESSION
Mr. Fine moved, seconded by Mr, Cappello that the
Zoning Board accept the Plan as presented and that special
attention be paid by the Planning Board to environmental
consequences, architectural integrity and to traffic flow.
Carried.
Mr. Fine moved, seconded by Mr. Paolantonio that the
matter be referred to the Planning Board and the Architectural
Review Board and that the following variances be granted:
1. Conversion of Section 16, Block 15, Lots 3 &amp; 4
be converted from a Church to a Residential Structure with
condominium ownership.
•

2. A front yard requirement is waived, while
proposed plans indicate a side yard of 1.48' minimum and a
total of 11.48*.
The area variances on the ground that the applicant
had demonstrated practical difficulties in terms of an existing
structure being on the premises.
Further, the Board found that there were special
circumstances owing to the size of the property and that strict
application of the ordinance would deprive the owner of
reasonable permitted use for the property.
The Board finally found that multi-family housing
was a good permitted use for the property.
Mr. Maceyak polled the Board as follows:
Mr. Fine
Mr. Paolantonio
Mr. Cappello

Yes
Yes
Yes

Mr. Maceyak declared the variances granted.
•

4.

Matter of Amenta - 230 North Brpadway. North Tarrytown
Mr. Amenta presented a report to the Board stating

^^l^l&amp;-^iSS.i.Sz-i-^ll^i&amp;M4Miii^m-

�-5that the report was a lengthy one and the Board should review
it within the next two weeks. He presented a "model" of the
project to the Board as previously requested.
Mr. Amenta stated that there would be parking for
one police car during the daylight hours and unlimited in the
evening hours. He stated that the Planning Board was asking
the Village Board to create a "Loading Zone" and that the N.Y.
S. D.O.T. did not object to the "Loading Zone" as shown on
the plans.
Mr. Aments stated that with a sub-division, if either
building were to be sold they would each have their own parking
lot.
Mr. Fine felt that provisions should be made for
more police parking, and felt that the building as proposed
was too big for the lot.
Mr. Maceyak asked if the Amentas had approached
the Village Board of Trustees about presenting the project
for their comments. He felt that the police car parking
and the loading zone were very important issues and a trade-off
might be made.
Mr. Fine stated that two parking spaces could be
given to the village under an easement and not as a rental.
Mr. Cappello stated that the entrance and exi
were dangerous and felt that a "No Left Turn" going north on
Route 9 (Broadway) should be permitted.
Mr. Maceyak stated that the Board would review the
Impact Study, and stated that the Village Board of Trustees;
would have to make a decision on the "Loading Zone".
The matter was adjourned until the September meeting
of the Board.
5.

Minutes of Meeting - June 21, 1989 &amp; July 19, 1989.

Mr. Cappello moved, seconded by Mr. Paolontonio that
the minutes of June 21, 19 89 be approved as submitted. Carried,
Mr. Cappello moved, seconded by Mr. Fine that the
minutes of July 19, 1989 be approved as submitted. Carried.
• - . , f ^ . W T * ° «.* • * !"• •&gt;'• •• *' "

: •-* ..fj - ' ' kfa*'??"** b e i n 9 no further business to come before the
Board, Mr]hdcippello moved, seconded by Mr. Fine that the
Ap.ipeetia£jg b&amp;Jctyly adjourned. Carried
Respectfully s
V
Irene Amato

Acting Clerk

�RESOLVED:
1.

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

of North Tarrytown hereby designates itself

"Lead Agency"

for

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

Rodriguez

Premises:

56 Clinton Street

Project:

2.

0ne

family residence

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 :

f-wflVillage Counsel

�RESOLVED:
1.

t

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

of North Tarrytown hereby designates itself "Lead Agency" for
purpose of considering the environmental effects of the following
project:
Applicant:

Immaculate Conception Church

Premises:

College Avenue
Section 16, Block 15, Lots 3-4
Conversion to Residential

Project:

2.

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.

I

Dated: ^yd'2

]

/K 0. U
Village Counsel

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