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                  <text>Approved with respect to substance and form
V iimager At torn«y

l

/

Dated: j- iq- &lt;?o

Approved by the Zoning Board of Appeals

• d: )- 11- 9o

Filed with Deputy Clerk
Clerk or Deputy Clerk
Dated: /
i$lfo

10- I*' #&lt;?
Date of Meeting

�I

PUBLIC HEARING

I

NORTH TARRYTOWN, N.Y.
OCTOBER 18, 1989

A Public Hearing was held before the Zoning Board of Appeals of
the Village of North Tarrytown on the above date.
Present:

Steven Maceyak, Chairperson
John Cappello
Vincent Buonnano
Frank Paolantonio
Jerome Fine

Also present: John Hughes, Village Attorney
James Margotta, Building Inspector
IN THE MATTER OF THE EDWARDS RESIDENCE, 20-22 PINE STREET, NO,
TARRYTOWN, NEW YORK
The clerk read aloud the Public Notice to hear and consider an
appeal from a decision of the Building Inspector in denying a
certificate of occupancy on property known and designated on Village Tax Assessment Map as Section 17, Block 11, Lot 13, 13A.
The residence at 20-22 Pine Street is non-conforming.
Section
62-8B of the Zoning Code requires a twenty (20) foot setback from
the front property line and the present front property line was
reduced by the extension of the width of the porch.
Mr. Edwards provided the clerk with the appropriate proof of
notices.
Mr. Edwards personally notified all his neighbors
within the 200 ft. requirement and also requested they waive the
10 day notice.
Mr. Maceyak opened the Public Hearing by asking Mr. Edwards to
come forth and explain the reasons for building the new porch
wider.
Mr. Edwards stated that he needed to renovate the house and
noticed that the porch was pulling away from the house, and that
it would be wiser to tear down the old porch and put up a new
one, and in doing so, decided to make it wider so chairs could be
placed on the porch. He mentioned that he had nine children, and
they all would sit on the rails of the old porch, as it was too
narrow to put chairs on it. He now has grandchildren and wants
to prevent any accidents by providing chairs for them and
preventing them from sitting on the porch rails.
Mr. Maceyak closed the public portion of the hearing as there
were no objections and opened the discussion before the Board.
Mr. Cappello stated he had no objection granting the variance to
widen the porch.
A question was raised by the Village Attorney as to the legality

3

�of the 10 day notice requirement, and suggested that the Board
grant the variance on the application pursuant to Section 62-40
(a) (1) of the Code wherein the Building Inspector request
clarification as to whether the deck reconstruction was, in effect, the reconstruction of a non-conforming use, pursuant to
Section 62-24 of the Code.
A motion to declare the construction
the repair of a "nonconforming use" pursuant to Section 62-23 and to
permit the
reduction of the property line was made by John Cappello and
seconded by Vincent Buonnano. Motion passed unamiously.
IN THE MATTER OF THE AMENTA PROPERTY, BROADWAY. NORTH TARRYTOWN.
NEW YORK
This was a continuation of last month's public hearing on granting a number of variances to permit an additional office building
on existing lot. The variances are as follows:
1. Parcel A indicates that there are ttiree Compact car spaces.
Parcel B indicates that there are two Compact Car spaces.
These spaces are less than 180 square feet.
Section 62-14A (1) - Off street spaces shall have a minimum
area of one hundred eighty (180) square feet exclusive of
aisles or driveways.
2. Parcel B requires forty (40) parking spaces, including the
handicap parking. You have provided 39 spaces.
Section 62-14 E. Required parking spaces requires one space
for each 300 square feet. 12000 divided by 330=40.
3. Off-street Loading space is proposed to be located on Route
9.
Section 62-14B Location (1) requires off-street loading on the
same lot.
4. A use variance for an office building will be required.
Section 62-8B C-l Schedule of Regulations does not specify
office building use in either General Description or Permitted
uses.
The Board decided
followng.

to grant the variances on a contingent on the

1. That the developer and the Village enter into a written lease
agreement with respect to four (4) parking spaces to be
leased
to the Village on the premises. Said lease shall be
approved
by the Board of Trustees and shall be acceptable, both as to
form and substance, to the Village Attorney.
2. That better visability be provided for in the parking lot for
spaces #13 &amp; 14 north and spaces # 38 &amp; 39 south.
3. That there would be no left turn onto Route 9 when exiting the
parking lot.
4

�4. That off-street loading zone be approved by the Board of
Trustees.
Mr. Amenta also stated that the off-street loading zone is now
located on Chestnut street
A motion to approve the variances with the above contingencies
and recommendations was made by Frank Paolantonio and seconded by
John Cappello. Motion was passed unamiously.
The public portion of the meeting was closed:
OLD BUSINESS
MATTER OF SOLARI
Mr. Paolantonio discussed the Solari property and asked if the
requirements for the variance were ever complied with.
Mr.
Maceyak said that he understood that the third family moved. It
was also stated that the variance was up within one year of it
being granted, and if he did not start to build within that time,
that Mr. Solari would have to apply again.
MATTER OF BARREIROS
At that point, Mr. Jorge Barreiros, of 265 Washington Street came
in and reminded Mr. Maceyak that he was asked to appear before
the board to consider the question of the stairs in his house.
At the Zoning Board meeting of April 19, 1-989 he requested a
variance and was granted one with provisions that the stairway
leading to the second floor be kept intact. He would like to
build a second stairway in the back of the house to provide
egress and to take down the existing staircase. He was told he
may do so, but to leave the inside stairway, until the outside
staircase was completed. He could then remove it when all work
was completed and inspected.
MINUTES OF SEPTEMBER, 20, 1989
A motion to approve the minutes of September 20, 1989 with the
following changes was made by Vincent Buannano seconded by John
Cappello.
Page 2 third paragraph, third line.
"The applicant has been offered the opportunity to provide the
Board with economic data showing the profit and loss statement of
the building, but had declined to do so.
Mr. Paolantonio noted that the building was non-conforming already. It is Village policy not to extend non-conforming uses.
Mr. Cappello noted that the area was zoned 2 family, that most
home in the area were 2 family uses and that the legalization of
a 4 family use, which was a deviation, would be detrimental to
the area.
5

�•

Ms. Maceyak further noted that the applicant had not demonstrated
any unique or special circumstances which would warrant the
granting of a use variance".
Paragraph 4, first line
Delete "a fourth apartment as there was no economic hardship
proven and the property in question is already a non-conforming
dwelling" and add "all of the aforementioned reasons".
Being no other business, meeting adjourned at 9:00 PM
Respectfully submitted,
sOdL^t &amp;J^^C^L^

rx

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Francesca Lorenz
Village Administrator's Office

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�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: Amenta

2.

Premises:

No. Broadway

Project:

Variances for Construction

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
•.•I

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: j W\J&gt;"Y\

Village Counse

�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: Edwards

2.

Premises:

20

"22

Project:

Deck

pine

Street

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

\oVD-tfl

Village Counsel

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