https://sleepyhollow.localarchives.org/files/original/8bfbe620b12c81601f417fa07d6757ec.pdf 67376ed02f997dc83cb7392dc5542453 PDF Text Text • Approved with^respect t o substance and form: V i l l a g e Attornej Dated f ^ a y / £ , / ? ? < ? Approved by the/Zoning Board of Appeals /Jti*Cl, IMP urman or a c t i n g Chairman >ated:A^/6 ; /7?z> Filed with Deputy Clerk lerk O P Deputy Clerk Clerk Dated : o -y^y? /*|ee^y DATC A»c;l ifflif * i,'-z.iL~-Mr*-+ - o i s i - p ^ ^ . ^J^^ik^^jfe^^?^^ jrfj o �PUBLIC HEARING NORTH TARRYTOWN, N.Y. April 18th, 1990 A Public Hearing was held before the Zoning Board of Appeals of the Village of North Tarrytown on the above date. PRESENT: Jerome,Fine Raymond Dool Frank Paolantonio Vincent Buonanno John Cappello James Karr ALSO PRESENT: ABSENT: Arthur.Brady, Esq. Kostas Bounds The meeting was called to order at 8 P.M. After a discussion Mr. Cappello moved seconded by Mr. Dool that Mr. Fine be appointed Chairman. Carried. 1. MATTER OF STEPHEN MACEYAK, 24 Anderson Avenue -convert a single family dwelling to a two family dwelling. The Clerk read the Public Notice to hear and consider an appeal of Stephen Maceyak, 24 Anderson Avenue, North Tarrytown, N.Y. from a decision of the Building Inspector in denying a building permit to convert a single family residence at 24 Anderson Avenue to a two family residence. The property is.known and designated on Village Tax Assessment Map as Section 17, Block 16, Lots 1 and 2. The property is located in an R4 District which requires a conforming lot size of 4 000 sq. ft. while the present lot size is 3790 sq. ft. Sec. 62-12 - Area. B. Nonconforming lots, states that in any R-District, only a single -family detached dwelling may be erected on a nonconforming lot, provided that the front, side and rear yards of any such lot shall comply with the normal requirements for the district within which the lot is located. Mr. Hughes excused himself stating that he was a friend of Mr. Maceyak's and had also represented him in other matters. He stated that Mr. Arthur Brady will servecin his place. Mr. Maceyak stated that he was applying for a variance to permit him to convert from a one-family to a two-family and the lot was only 210 sq. ft. shy af the amount needed. He stated that due to the high taxes he needed the money that the studio apartment would generate. Mr. Fine asked if there was anyone present who would like to address the Board. �Mr. Aldo Ceconi, New Broadway, stated he was a member of the Zoning Board when the variance was granted to Mr. Maceyak to construct the new house, and it was his recollection that the old house was to be converted to a two-family but the new house was to be a one-family. In reviewing the minutes of that meeting it was agreed by Mr. Maceyak that the hous e would remain one-family and therefore the variance was granted to build the new house on a nonconforming lot. Mrs. Maceyak stated that due to the General Motors Corp. tax agreement and the reassessment, many home owners have found themselves unable to cope with the high taxes. She also stated that !-. the apartment would have parking space on the parcel. Mrs. Victoria Simnowski, 14 Anderson Avenue stated that Anderson Avenue is so crowed now with cars that it impossible to park. Mr. Maceyak converted the old house into two-families and the tenant has two cars which they park on the street. Mrs. Geralding, Krall, 17 Anderson Avenue stated there is one-side parking on Anderson Avenue and with additional tenants it would mean additional cars. They have a serious problem on Anderson Avenue now. She also stated that Mr. Maceyak's tenant is always parked in front of her house. Mr. Maceyak stated that the people on Anderson Avenue have driveways and garages but|they never use them. There being no further comments Mr. Dool moved, seconded by Mr. Cappello that t he hearing be closed. Carried. BUSINESS SESSION Mr. Fine opened the meeting for discussion by the members. Mr. Paolantonio stated when Mr. Maceyak had asked for the original variance he agreed to the terms and he feels that the Board should stick with the original motion and that the new house remain a one-family residence. Mr. Cappello stated that the original plans for the new house were for a two-family residence but the variance was denied, as the house was too big for the lot and a variance was issued for a one-family residence on a non-conforming lot. Mr. Buonanno stated that he would like to review the matter and the minutes of the meeting granting Mr. Maceyak the original variance. Mr. Fine in reviewing the matter stated it was his impression that Mr. Maceyak was allowed to construct a house on the lot that didimot conform, arid the house was non-conforming but was allowed provided it would remain a onw family residence and now he wants to convert to a two family residence. �s -3Mr. Buonanno moved, seconded by Mr. Karr to table the matter until the next meeting in order for the Board to review the matter. Mr. Fine polled the Board as follows: Mr. Mr. Mr. Mr. Mr. Mr. 2. Dool Yes Paolaritonio Abstain Buonanno Yes Karr Yes Cappello Yes Fine declared the motion to Table carried, MATTER OF EST. OF WALTER LUBERGER, 143 Valley Street - Renovate Store type building for restaurant and take-out service. The Clerk read the Public Notice to hear and consider an appeal of the Estate of Walter Luberger, 139 Millard Avenue, North Tarrytown, N.Y. from a decision of the Building Inspector in denying a building permit to renovate the store-type building at 14 3 Valley Street, North Tarrytown for a restaurance or take-out service. The property is known and designated on Village Tax Assessment Map as Section 16, Block 10, Lot 5. Section 62.7C of the Zoning Code requires no more than one principal residential building and its accessory buildings on any one lot. Sec. 62-27A states that a non-conforming use that has been discontinued for a period of one year be considered to have been abandoned and shall not, thereafter, be re-established; any future use shall be in conformity with the provisions of this ordinance Section 62-14A-1 requires a parking space of 180 sq. ft, The proposed plans do not provide for customer parking.' Sec. 62 14A (2) requires off-street parking, while the proposed plans do not provide for same. The proposed plans for no indicate the use as a restaurant or take-out service. The proposed plans do not meeting the requirements as indicated in the Schedule of Regulations 62-8B for a C-2 and R5 District for commercial or three-family residence unit. Mr. Fine asked if there was anyone present who would like to address the Board. Mr. Donal Walsh representing the Luberger Estate presented affidavits of service^toUthe1Clerk as required by the Ordinance. He introduced Mr. Joseph DeMilia and Carmen Capossela representatives of the Luberger Family and Mr. David Freyler who represents the Franchise Owner. -.- -*<•-*• ^ i - 5 . -r •*j£»w«aP �Mr. Jini Berger who represents Domino ' s •'Pizza stated that it would not be a sit-down restaurant and there would be only one parking space in;front of the building because of;the slope. Parking for employees would be in the rear of the building. They\ would only make pizza and "deliver them and provide take-out service. v..' Mr. Walsh stated'triat the-biiilding was built^ sometime in the I960' s, that use wasriot discontinued but the.,; Lube rgers s had been unable to find a suitable tenant after the Stiloski's had moved. He stated that no construction except interior construction would be needed. Mr. Lee Thompson; 151 Valley Street stated that he lives next door and he felt that this type of business would generate traffic ;*and felt it would become a nuisance because of the hours they would be open, and the delivery of supplies to the building. Mr. Berger stated that the.business would"be open from 4 P.M. to 12 mid-night and would have approximately 5-10 employees depending on the amount of business that would be generated. Mr.. Charles Ortiz, 9:Anderson Avenue questioned the hours and what would happen if they receive orders late at night and they would be driving through the village hurrying to deliver before the pizza got cold. . There being'no further business to come before the hearing Mr. Dool moved, seconded by Mr. Cappello "that the same be closed. , •": BUSINESS? SESSION ; ' ., ,'/"':':/'- .•:_..-;."' ; > ; • Mr. Fine opened the;meeting for discussion by the members. Mr. Doo1 stated that)when'General,Motors'workers'come out for their dinner.- the pizzas;would mot; be able to be delivered because of the traffic. He also felt that"traffic would be double parked on Valley Street in front of the building"while people ran in to pick up pizzas 1 .-•"^,} , Mrl Fine stated he felt that most,of the discussion regarding the noise and traffic should be discussed with the Planning Board. V '-/ -'"-; \.....'-.-"'Mr^Buonarmo felt "he 3 would like more time to review the matter as he feels "that Athe*parkingfis * a - major issue and the type of ehterpise considered needs reviewing. Mr. Fine felt that a more formalized plan showing screening, parking, ehvirbrimeTital/review, hours to be open, deliveries, should be presented by the next meeting. .jJ^itiMmM^ ir^v^£:A.^,-#^f/^^^ �s, . . 3. -5- . ..-.-:-/- MATTER OF MR. & MRS. VASILE SBENGHECI, 279 'North Washington Street,:: TOM add a two story addition to the main building and erect a two car detached garage• . • ••-" . • • ."-- -. .- ' The Clerk read the Public Notice to hear'and ^consider an appeal of Mr. & Mrs. VasileTSbengheci^ 279 North^Washington "Street, North Tarrytowh, N.Y. from a decision'of, the Building-Inspector in denying a building permit to add a; two story addition to the main building and erect a two-car detached garage at 279 North Washington Street, North Tarrytown, N.Y. The property is;known and designated on Village Tax Assessment Map as Section 15, Block 12, Lot 21. Sec. 62-8B, Schedule of Regulations 'requires a dwelling front yard setback of 20' - 0, while the proposed plans indicate 13-0. The garage rear yard setback requires 25'j-O, while the proposed garage rear yard setback is lO'-O. Mr. Fine asked if there was anyone present who would like to address the Board. Mr. Sbengheci in formed '• the Board that he had purchased the property several months ago'and wanted to make it a two-family house. After a. discussion Mr. Buonanno moved, seconded*byt Karr that a variance be granted allowing Mr. Sbengheci to convert from a one-family dwelling to a two-family dwelling. CARRIED. Af ter'"- a .discussion regarding the erection of; a twocar garage that the matter be referred to the Tree Committee and discussed at the next meeting. CARRIED. Mr. Paolantonio moved;>fseconded t>y Mr. Cappello that., the minutes of the February 21st, 1990 minutes be approved. Carried. ; Mr. Biwnami6vm6ved^:secondfed\l§2Mr• J Dool?that the minutes of the March 21st, 1990 minutes be approved. Carried. There being no further business to\come before the Board, Mr. Dool moved, seconded by Mr. Cappello that the same be duly adjourned. Carried. ctfully submitted, le 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: Sbenghechi Premises: 279 No. Washington Street Project: Construction of two story addition/garage Section 15, Block 12, Lot 21 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 Vj^k 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 Tarry town, and will be kept on file at the Village Hall and be available for public examination. Dated: </- / <? - <fo • 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-1990 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_1990-04-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-1990 Date A point or period of time associated with an event in the lifecycle of the resource 1990 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