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•

Approved with respect to substance and form
VITfiaee^
age Attorney,
Dated

Approved by the Zoningn

Board of Appeals

KA0^M/
airman or Acting Chairman
ated: q-^r-^t)

Filed with Deputy Clerk
Clerk or Deputy Clerk
Dated: l/Zlt&gt;/&lt;?o

Date of Meeting

. - .i-f- r;^,^_;„-;-j--i i i&lt;£Ai^;sL-£-^k'i^^

�PUBLIC HEARING

NORTH TARRYTOWN, N.Y.
July 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, Chairman
Frank Paolantonio
Vincent Buonanno
John Cappello
James Karr
Costas Boumis
Raymond Dool

ALSO PRESENT:

John J. Hughes, Jr., Village Attorney

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

Public Hearing Francisco Mejias, 180 Valley Street-Bakery
in Rodrigues Building.

The Clerk read the Public Notice to hear and consider
an appeal of Francisco Mejias, lessee of Rodrigues Enterprises
at 180 Valley Street, North Tarrytown, N.Y., from a decision of
the building inspector in,denying a building permit to have a
bakery located at said address, known and designated on Village
Tax Assessment Map as Section 16, Block 12, Lots 6A, 6B, 7A, 7C,
and 7E.
Section 62-20.1 -Location, prohibits a restaurant or
food service establishment or tavern or bar within 200 ft, in a
straight line from any lot or parcel that is used for another
restaurant or food service establishment or delicatessen or tavern
or bar.
Mr. Margotta informed the Board that a delicatessen
was directly across the street from the premises.
Kr. Mejias presented Affidavit of Service to the Clerk
as required by the Ordinance.
Mr. Mejias stated that there were many Chileans living
in the area and he would ^like to make Chilean bread and pastries.
There would be no serving of food on the premises but strictly
baked goods being sold and taken off the premises.
Mr. Fine asked if there was anyone present who would
like to speak for or against.
Julia Vydareny stated that she owns property across
the street and she was not opposed to the bakery.
There being no further comments Mr. Buonanno moved,
seconded by Mr. Kerr that the hearing be closed. Carried.

�PREVIOUS
DOCUMENT
Hudson Micrographics • PO Box 640, Route 9W • Port Ewen, New York 12466 • 914/338-2200

�PUBLIC HEARING

NORTH TARRYTOWN, N.Y.
July 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, Chairman
Frank Paolantonio
Vincent Buonanno
John Cappello
James Karr.
Costas Boumis
Raymond Dool

ALSO PRESENT:

John J. Hughes, Jr., Village Attorney

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

Public Hearing Francisco Mejias, 180 Valley Street-Bakery
in Rodrigues Building.

The Clerk read the Public Notice to hear and consider
an appeal of Francisco Mejias, lessee of Rodrigues Enterprises
at 180 Valley Street, North Tarrytown, N.Y., from a decision of
the building inspector in denying a building permit to have a
bakery located at said address, known and designated on Village
Tax Assessment Map as Section 16, Block 12, Lots 6A, 6B, 7A, 7C,
and 7E.
Section 62-20.1 -Location, prohibits a restaurant or
food service establishment or tavern or bar within 200 ft, in a
straight line from any lot or parcel that is used for another
restaurant or food service establishment or delicatessen or tavern
or bar.
Mr. Margotta informed the Board that a delicatessen
was directly across the street from the premises.
Mr. Mejias presented Affidavit of Service to the Clerk
as required by the Ordinance.
Mr. Mejias stated that there were many Chileans living
in the area and he would like to make Chilean bread and pastries.
There would be no serving of food on the premises but strictly
baked goods being sold and taken off the premises.
Mr. Fine asked if there was anyone present who would
like to speak for or against.
Julia Vydareny stated that she owns property across
the street and she was not opposed to the bakery.
There being no further comments Mr. Buonanno moved,
seconded by Mr. Kerr that the hearing be closed. Carried.

�-2-

«*

«

Business Session
•

The Board reviewed the recent amendment to the Zoning
Ordinance, Section &amp;2-20-1 entitled "Restaurants, delicatessan,
food service establishments, taverns, bars and drinking establishments".
The purpose of this amendment was to limit the number of
eating establishments within the commercial district of the Village
so as to avoid the following problems:
1.

Excessive garbage and sanitary problems;

2.

Noise-from employees and customers;

3.

Traffic-from employees and customers;

4. Safety-from the prevalence of wood framed dwellings
where fire is a concern.
In addition, the purpose of the Ordinance was to promote
a varied and healthy business district.
The Board considered the type of use proposed by this
application; to wit, a bakery where products would not be offered
for on-site consumption, where ample parking existed within the
building, where the bakery will close in the early evening so
that neighbors would not be disturbed by noise in the evening, and
where, owing to the type of product offered, sanitation problems
can be kept to a minimum. In addition, there is no other bakery
in the immediate neighborhood.
On the basis of the foregoing the board, pursuant to
the authority vested in it by Section 62-40(A)(l) determines
that a bakery at this particular location, is not prohibited by
operation of Section 62-20(1) of the Zoning Code. The Board
limited its decision to the facts presented to this application.
Mr. Paolontonio moved the foregoing resolution, seconded
by Mr. Karr. The resolution was unanimously carried.
2.

MATTER Of LOUIS FALASCA, 162 Millard Avenue-Erection of twocar garage at his residence. Continued Discussion.

Chairman Fine stated that discussion was a continuation
of the Public Hearing held at the last meeting, where Mr. Falasca
was asked to file with the Board, signed arid sealed by a surveyor,
plan of garage as shown on the property.
Chairman Fine stated he had received a letter from the
attorney for Mrs. Kase stating their objections to the variance
and the construction of the garage.
Mr. Benjamin Hunter, 163 Highland Avenue, rear yard
neighbor of Mr. Falasca, stated he still objected to the set-backs
requested by Mr. Falasca.

�-3Mrs. Natalie Kase, neighbor to the west of Mr. Falasca
stated she still objected to the set-backs requested by Mr.
Falasca and felt Mr. Falasca should conform to the code.

•

There being no further business to come before the
hearing Mr. Buonanno moved, seconded by Mr. Boumis that the
hearing be closed.
Carried.
BUSINESS SESSION
Mr. Paolantonio stated there were not many changes from
the previous submitted drawings. He had expected Mr. Falasca
to meet with the neighbors and to reach a compromise before
the meeting tonight.
Mr. Buonanno stated that the Board would like to have
all parties be in agreement, and asked if Mr. Falasca would
be willing to accept a ten foot rear yard setback and a
seven foot side yard setback.
Mrs. Hunter and Mrs. Kase did not agree to Mr.
Buonanno's suggestion.
After a discussion, Mr. Falasca stated that he would
withdraw his application for a variance.
3.

MINUTES

Mr. Buonanno moved, seconded by Mr. Buomis that the
minutes of June 20th, 1990 be.accepted as read, except for the
following changes:
Page 5 ~: "approval by all village agencies" to read
"approval by the Building Inspector and Architectural Review
Board". Carried.
After a discussion it was decided not to have an
August meeting due to vacations, and the next meeting would be
held on September 19th, 1990.
There being no further business to come before the
meeting, Mr. Buonanno moved, seconded by Mr. Cappello that the
same be duly adjourned. Carried.
Respectfully submitted,

Amato
Clerk

tl
V

^«fe«-W**^4^tefe*J^&lt;fe^^^

�RESOLVED:
4

*.

&lt;

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:
Applicant: Mejias

2.

Premises:

180 Valley Street

Project:

Restaurant Use
Section 16, Block 12, Lots 6A, 6B, 7A, 7C, 7E

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: ^j- jCf-

^v

•

Village Counsel
-.W-iVl-A-..i^'---v»--^'^.J » - i i 3 j i J t * r t % _ ^
-^'•—•"-&lt;^;ffcfc^*-;^ito*r««^^

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