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Approved with respect to substance and form:
Vi1lage^Attorney
Dated: "0^/j i?, I^o

Approved by the Zoning _, Board

tfj^:7sfaftairraan #r Acting Chairman
'bated: fuA*±\%i H 3 *
Filed with Deputy Clerk
Clerk or Deputy Clerk

Dated:

J/ff/qo

J^luuL 7-o /&lt;HD
Date of Meeting

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�PUBLIC HEARING

NORTH TARRYTOWN, N.Y.
JUNE 20th, 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, Chairman
Frank Paolantonio
Vincent Buonanno
John Cappello
James Karr
Kostas Boumis

ABSENT:

Raymond Dool

ALSO PRESENT:

John J. Hughes, Jr. Village Attorney

Chairman fine called the meeting to order at 8 P.M.
1. MATTER Of LOUIS fALASCA, 162 Millard Avenue-Erection of twocar garage at his residence.
The Clerk read the Public Notice to hear and consider
an appeal of Louis falasca, 162 Millard Avenue, North Tarrytown,
N.Y. from a decision of the Building Inspector in denying a
building permit to erect a two-car garage at his residence at M
162 Millard Avenue, North Tarrytown, N.Y. The property is known
and designated on Village Tax Assessment Maps as Section 14,
Block 17 Lot 2.
Sec. 62-8B, Schedule of Regulations requires one side
10'-0, while the proposed plans indicate one side as 3'0.
The rear yard requirement is 25'-0, while the proposed
plans for the rear yard indicate 3'-0.
Mr. falasca presented affidavits of service to the Clerk
as required by the Ordinance.
Mr. fine asked if there was anyone present who would
like to address the Board.
Mrs. Natalie Kase of 174 Millard Avenue, a neighbor,
stated that the garage would be three feet from her property line,
and was a very large two car garage, and felt it would be too
big for the area.
Mr. Benjamin Hunter, 163 Highland Avenue, a rear
neighbor, felt that three feet to the rear line was too close
to the property line and would be unacceptable to him. He felt
that such a large building would be too imposing.
Mrs. Lisa Hunter, 163 Highland Avenue stated that Mr.
falasca had put up a fence last year with the "wrong" side facing
them and now he wants to put a large garage. They feel he should
conform to the ordinance.

�There being no further business to come before the
hearing, Mr. Buonanno moved, seconded by Mr. Karr that the
same be closed. Carried.
BUSINESS SESSION
Mr. Fine opened the meeting for discussion by the
members.
Mr. Paolantonio stated that the neighbors were
concerned iabout the size and asked if it was"' described as a
two-car garage. He felt that Mr. Falasca might be able to
cut the size.
Mr. Cappello stated that4most garages in the area
are only three feet from the property line.
Mr. Fine stated that the;dimensions on the map were
toohard to read and felt that the garage was "over-sized".
Mr. Buonanno stated that Mr. Falasca was going to
tear down the old garage and build a•new 20 x 37' garage, plant
screening which would enhance the area.
Mr. Karr stated that Mr. Falasca had been instructed
at the last meeting to contact his neighbors and come to an
agreement before they came to the meeting.
Mr. Buonanno moved, seconded%by Mr.Karr that the
variance be.granted allowing Mr. Falasca to build 10 feet
from the rear property line and three feet from the side yard.
Carried.
After a discussion, Mr. Hughes stated there had to
be a basis for their action or people! could challenge their
decision.
,
.Thereupon Mr. Cappello moved, seconded by Mr. Buonanno
that the resolution be rescinded. Carried.
Mr. falasca.was'instructed^to; redo the survey and
show exact coverage and show screening plans.
, Mr. Buonanno moved, seconded by Mr. Cappello that
zfurther discussion be postponed^until the next meeting. Carried.
2.

MATTER OFJREI^AJCORONAi 126 Depeyster Street-Certificate of
Occupancy for a three family residence.

The Clerk f read .the ^Public; Notice ; to ^ear i^ndf cojnsider ; •
an appeal of Relma Corona, 126 ;Depeys ter,Street ,^\Nprth Tarry town,
N.Y. from a decisionj ofsthe^Building Inspector *in denying&lt; a
Certificate of Occupany for a three-family residence at 126

�-3Depeyter Street. Village property records indicate said
residence to be a single family residence. The property in
question is known and designated on Village Tax Assessment
Maps as Section 16, Block 9, Lot 7.
Mr. Dohal Walsh representing Mrs. Corona stated
when the property was purchased in 1976 it wais?a three family
residence. It is listed with the Office of Rent Control as a
three family residence. Mr. Walsh stated he has several
affidavits from various property owners in the neighborhood
who swear the property has been three families for over forty
years.
Trustee Michael Hylahd stated that he lived nextt
door to the property iii question, and his mother also informed
him that it has been three families since at least 1939.
There being no further comments, Mr. Buonanno moved,
seconded^by Mr. Karr that this be listed on village records as
a non-conforming, pre-existing three family residence. Carried.
Mr. Walsh presented Affidavit of Service to the Clerk
as required by the Ordinance.
.There being no further!business to come before the
hearing, Mr. Buonanno moved, seconded^by* Mr. Karr * that the same
be closed. Carried.
3.

ENRICO SOLARI-4 7 New Broadway,Proposed-'"erection of dwelling
on Section 17, Block 19, Lots 16 &amp; 17.
--

The Clerk read the Public Notice to hear and "consider
an appeal of Enrico Solari,
47 New Broadway, North Tarrytown,
1
New York, from a decision of the Building*: Inspector denying-a
building permit for an additional proposed dwelling house on the
premises known as Section 1 7 , Block 19, Lots 16; &amp; 17 on the tax
assessment map of the Village of North Tarrytown.
The.existing residence, on the premises is non-conforming
to present Zoning Code requirements as follows:
1. Section 62-8(B) of the Zoning Code requires a
minimum side yard of three feet. The1existing side yard is
nine inches.
2. Section 62-8(B)/of the Zoning Code requires a
front yard of twenty feet. The existing front yard is ten feet.
3. Section 62-8(B) of the Zoning•Code requires a
rear yard of twenty-five feet. The existing rear yard is
twenty-one feet.
4. Section 62-8(B) requires lot coverage of 35 percent.
The current coverage is 44 percent.

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�-45. There are no parking spaces and three apartments
on the premises, all contrary to Section 62-8(B) of the Zoning
Code.
Mr. Dennis Fitzgerald representing Mr. Solari
presented Affidavit of Service to the Clerk as required by
the Ordinance.
Mr. Fitzgerald stated that the request presented
was the same requested, and granted last year. Mr. Solari
had been ill arid-unable to start the residence and the time
limit had lapsed and they were appealing to the Zoning Board
for renewal. The lots are adjacent to Mr. Solari's residence
and are two buildable lots.
Mr. Aldo Ceconi, 114 New Broadway, stated he had
in his possession letters and minutes from 1975 where Mr.
Solari was permitted to add to the existing building which
made itrion-conforming,with the provisions that all four
lots would be considered one lot. Mr. Solari agreed to this.
Through the years Mr. Solari has approached the Zoning Board
asking for permission to build a residence on the vacant
portion of the lot and his requests have been denied. He
continues to have the third * apartment which is in violation,
and continues to store trucks on his property. He also
stated that Webber Park is not a commercial zone and Mr.
Solari continues to violate the ordinance.
Mr. Ceconi also stated that in 1975 the Planning
Board denied a sub-division of the property.
Mr. Fitzgerald stated that the properties are
separate parcels and are carried on the tax maps as separate
parcels, therefore no sub-division is required.
Mr. Margotta s tated that Mr. Solari was told to
remove all traces of a three apartment in the existing
building.
Mr. Ceconi asked if the property was a buildable
parcel, why was Mr. Solari asking for variances.
There being no further business to come-before the
hearing, Mr. Buonanno moved, seconded by. Mr.
Cappello
that
:
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the same be closed. Carried.
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BUSINESS SESSION
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After a discussion regarding a time limit for-start
of construction Mr. Buonanno moved, seconded by Mr. Karr
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�-5that the following variances be granted, with the stipulation
that construction be commenced within six months after final
approval by all village agencies:
1. That the third apartment in the existing
residence be permanently removed-kitchen, gas-meter, electric
meter removed prior to the issuance of a building permit.
2. That there be no further parking of commercial
trucks on the premises.
,3. That there be no loading or unloading of
construction materials on the premises.
4. That sufficient parking be provided for both
residences-a minimum of two (2) on site parking spaces for
each residence.
5.

That no new curb cut be permitted.

Chairman Fine polled the Board as follows:
Mr. Boumis-Abstain
Mr. Paolantonio^Yes
Mr. Karr-Yes
Mr. Buonarino-Yes
Mr. Cappello-Yes
Mr. Fine declared the variances granted:

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4.

WALTER LUBERGER ESTATE-143 Valley Street-Continued.

5.

STEPHEN MACEYAK 24 Anderson Avenue-Conversion to a 2-family
residence.
Application was withdrawn by the Applicant.

6.

MINUTES OF MAY 16/ 1990.

-_.,. Mr. Buonanno moved, seconded by Mr. Karr that the
minutes of the meeting held on May 16th, 1990 be accepted as
presented. Carried.
Chairman Fine stated'he had received a letter from .
the Administrator regarding board members absences. After a\
discussion, it was decided that four (4) absences a year would
be reasonable1.
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There being'no further business to come before the
meeting Mr. Paolahtonio moved; seconded by Mr. Buomis that the
same be duly adjourned. Carried. &gt;.; ^
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tfully su^itted,, ;.
Irene Amato
Acting7Clerk
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