https://sleepyhollow.localarchives.org/files/original/a9435a70d61eefb3d3f2801ab98b458f.pdf fced31fdcb38feb96172f7c532c7d936 PDF Text Text Approved with respect to substance and form; Village Attorn Dated: L l - ^ <io Approved by the Zoning Board of Appeals jw ^_ rairmanror Acting Chairman feted: u ^ ^ - f y ? F i l e d with Deputy Clerk Clerk or Deputy Clerk Dated: l/l30/90 iuus zC i^fo Date of Meeting �PUBLIC HEARING NORTH TARRYTOWN, N.Y. September 25, 1990 0* 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 i.Buonanho :.o John Cappello Costas Boumis Raymond Dooly ABSENT: James Karr ALSO PRESENT:Arthur Brady, Esq. Acting Village Attorney Chairman Fine called the meeting to order at 8 P.M. Chairman Fine stated that the first order of business would be the following: 1. Public Hearing-John J. Minardi, 89 New Broadway,-Repair and Replace wood paneling and a single cabinet in the basement area to an existing two-family residence in an R-4 District. The Clerk read the Public Notice to hear and consider an appeal of John J. Minardi, 89 New Broadway, North Tarrytown, N.Y. from a decision of the Building Inspector in denying a building permit to repair and replace wood paneling and a single cabinet in the basement area to an existing two-family residence in an R-4 District, known and designated on Village Tax Assessment Map as Section 17, block 18, Lots 31 & 32. Sec. 62-8B, Schedule of Regulations, permits a one and two-family residence in an R-4 District. Mr. Seymour Rabinowitz, Attorney for Mr. Minardi presented Affidavit of Service to the Clerk as required by the Ordinance. Mr. Rabinowitz stated that Mr. Minardi was appealing a denial by the Building Inspector of a permit to replace a kitchen cabinet and paneling in the basement of his home located at 89 New Broadway. Mr. Rabinowitz stated that the house is a two-family residence and at no time was ever/a three-family residence. Mr. Minardi was issued permits for renovation in 1957 and 1973. He stated a kitchen was installed in 1957 and stated the residence was a two-family dwelling. He also stated that a single person is living in the basement as a boarder. Mr. Fine asked if there was anyone present who would like to address the Board. Mr. Walter Ceconi, 121 New Broadway, stated he has lived at 121 New Broadway for many years arid that Mr. Minardi t--*r^-*.rfwiir*-~iai.a^^. ivi-^z..^^\-j^^h^-^^-i^i3Mli^i^f^Sisi^x^j£iJss»^^^^i �-2has and the has car always had a tenanto.living in the basement apartment, on occasion two tenants. His objection is that with extra tenants it brings more cars. Mr. Minardi*s family three cars, a jeepster and a commercial van. The only parked in Mr. Minardi's driveway is the commercial van. Mr. Aldo Ceconi, 114 New Broadway, stated he lives across the street from Mr. Minardi and has lived all his life in the immediate area. He stated he was on the Zoning Board when Mr. Minardi was permitted to install a kitchen in the basement. He was allowed to do so for his own use, as he had a sick daughter at the time. He stated that Mr. Minardi always had another family in the basement, and at the present;' time there is someone living there. He stated through the years the meterman from the Village of Tarrytown lived there and several other peoples He was told the tenants were asked to move when the reassessment was in progress. Mrs. Mary Vizvary, 85 New Broadway, stated that Mr. Minardi should be a little considerate of his neighbors. His family and tenants park cars in front of everyone else's house. She stated she counted five cars in a two-family house. She also would like to know the definition of a "boarder" as used in the Zoning Code. Mr. Rabinowitz asked Mr. Minardi if the residence was ever used for more than a two-family residence and Mr. Minardi stated it was always a two-family residence. Mr. Fine stated that prior to the meeting they did not have certain information regarding the various permits issued in prior years and would therefore like to have time to review the material presented tonight, and the minutes of the Zoning Board. Mr. Buonan'no moved, ^seconded by Mr. Boumis that the hearing be closed. Carried. BUSINESS SESSION A discussion followed regarding two-family and threefamily dwellings, what constitutes "family" and what constitutes "boarder". Mr. Margotta stated installing a kitchen, stove and a sink, and a bathroom constitutes an apartment. Mr. Paolantonio stated when he visited the dwelling he found several doors in the basement area, and would like an opportunity to inspect the lower level of the dwelling. Mr. Cappello stated he found a "side door" and a "rear door" and he also would like to inspect the dwelling. Mr. Fine asked if Mr. Minardi was willing to allow the members to inspect the property in question. If so, they would extend Kt^fef^-a^i-ii^i --j-rii.ri^sM^i^^KSr^i^ri^^^ �-3would put the matter on the agenda for the October 17th meeting. Mr. Minardi agreed to allow the members to inspect the premises. Mr. Cappello moved, seconded by Mr. Paolantonio that the matter be adjourned to the next meeting to be held on October 17th. Carried. 2. John M. Arcate, 225 Webber Avenue-Erect a shed. The Clerk read the Public Notice to hear and consider an appeal of John M. Arcate of 222 64bber Avenue, North Tarrytown, N.Y. from a decision of the Building Inspector in denying a building permit to erect a shed on said property known and designated on Village Tax Map as Section 17, Block 3, Lot 15. The property is located in an R3 District. Section 62-8B, Schedule of Regulations, requires a 25'-0"rear yard, while the proposed plans indicate the rear yard as 18'-0". Mr, Arcate presented affidavit 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. Mr. Arcate stated he has a delapidated shed and would like to remove the shed and replace it with a new one which would be approximately the same size-14 x 18. There being no further comments Mr. Buonanno moved, seconded by Mr. Buomis that the hearing be closed. Carried. BUSINESS SESSION Mr. Dool stated he lived in the area and he did not object to the variance beingsgranted. Mr. Boananno stated that Mr. Arcate would have to dig into the hill behind the present shed in order to conform to the code and felt that would be a hardship. He stated there were other sheds in the area and the removal and rebuilding would benefit the area. Mr. Cappello stated it would look a lot better than the present shed. Mr. Paolantonio stated he was in favor of granting the variance, After a discussion Mr. Buonanno moved, seconded by Mr. Dool that a variance be granted allowing Mr. Arcate to have a rear yard of 18'-8" instead of 25 '-0VandVa peitmit be issued by the Building Inspector for the erection of a shed on -- ii-Z^,- Jl-nRi -----.„*«<:», ^jTfc^ir-aHWSSSaV.; -^:'^i~-'-'^~--"^-'^1^"'»-^^"-^=»^S2^^^ �-4said property. 3. Carried. PUBLIC HEARING-Leonard Rutiglan, 97 College Avenue-Automotive Repair Shop The Clerk read the Public Notice to hear and consider an appeal of Leonard RutigIan, Lessee of 97 College Avenue, North Tarrytown, N.Y. and owned by Torres & Sons Contractors, Inc., 17 Schudy Place, New Rochelle, N.Y. from a decision of the Building Inspector in denying a building permit to convert the existing storage building to an automotive repair shop, known and duly designated on Village Tax Assessment Map as Section 16, Block 10, Lot 17.1. The building is located in a C-2 District which prohibits an automotive use. Section 62-8B of the Zoning Code states that a C-2 District is General Commercial. Mr. Rutiglan presented affidavit 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. Mr. Rutiglan stated he was a life-long member of the Village, had previously owned a service station on Cortlandt Street, moved to Tarrytown and recently the building had been sold and therefore lost his lease. He is interested in returning to the Village and after a search located the building on College Avenue. He stated he would repair automobiles, all of which would be stored inside the building. He stated there would be no paint odors or nuisances of any kind. Mr. Frank of 95 Beekman Avenue stated that Mr. Rutligan had been repairing his car when needed and felt permission should be granted. Mr. Rocco Minella, 13 Pleasant Street spoke in favor of granting permission for use as a garage. Mr. Richard Brophy, stated he was in favor of granting permission for use as a garage. Mr. Frank Rizzi, North Washington Street stated that Mr. Rutligan was a member of the local Fire Department and a long time resident and felt that permission should be granted. There being no further comments, Mr. Paolantonio moved, seconded by Mr. Dool that t he hearing be closed. Carried. BUSINESS SESSION" Mr. Buonanno stated there was an auto and body shop next door to the building which has been in operation since the early 1930's and there haven't been complaints. He felt that perm �-5permission should be granted. Mr. Buomis questioned the present use of the building. Mr. Margotta stated it previously was used for storage but has been vacant for the past two years. After a discussion Mr. Paolantonio moved, seconded by Mr. Buonanno that a variance be granted allowing Mr. Rutligan to use the property located at 97 College Avenue as an automotive repair shop. Carried. 4. PUBLIC HEARING-Elizabeth Akin, 28 Evergreen Way, Construction of a one-family home-lot size 10,000 Square Feet. The Clerk read the Public Notice to hear and consider an appeal by Elizabeth Akin, c/o Duffy arid Watkins, 701 Westchester Avenue, White Plains, New York from a decision of the Building Inspector in denying a building permit for the construction of a single family home on Lot 1, of Section 11, Block IN on the tax assessment maps of the Village of North Tarrytown; said lot being located on the southeasterly side of Evergreen Way between Hemlock Drive and Lakeview Avenue, Said lot consists of approximately 10,000 square feet in a zoning district where 15,000 square feet are required. Mr. Sam Watkins, Jr., Attorney representing Elizabeth Akin present Affidavit of Service to the Clerk as required by the Ordinance. Mr. nine asked if there was anyone present who would like to address the Board. Mr. Watkins that he was before the Board to request application to have Lot #1 designated a buildable lot. He stated Mrs. Akin had purchased the lot in 1953 and at that time 10,000 square feet was considered a buildable lot. In 1957 on recommendation of the Zoning Board buildable lot size was increased to 15,000,square feet. At the time Mr. Akin had protested stating his lot was 10,000 arid was considered a buildable lot. He was assured by the Zoning Board at that time that all lots under 15,000 at that time would be covered under the "grandfather clause". He stated that Mr. Akin passed away last year and Mrs. Akin in now in a nursing home. The lot is a corner lot and will be substantially larger than some lots in the area. Mr. Kevin Reilly, 14 Lakeview Avenue stated he lives across the street from the lot in guestiori. His lot and most of the lots in the area are much larger than the lot in question. He stated that in allowing a house to be built on the lot it would change the character of the area and he was against allowing the lot.to be classified a buildable lot. He felt there was no hardship shown and felt it would be unfair to the surrounding neighbors. �Mr. Michael Owen, 39 Evergreen Way submitted a Petition to the Clerk with approximately twenty-seven names of residents against the granting QfiE=thfeiAkis:r.equest. - He stated it would be harmful to the character of the neighborhood. Mr. Ted Widmayer, 15 Lakeview Avenue stated that he was opposed to down grading of the lot. He stated it would be 33% smaller than called for in the ordinance. Mr. George Ritz, 16 Lakeview Avenue stated that the code prohibits building on less than 15,000 square feet and questioned the fate of the 5 or 6 trees, some of which are over 100 years old. He stated that the Akin family does not plan to live in the house, but it will be sold. Mr. Wayne Akin, son of Mrs. Akin stated that since they purchased the lot it has always been designated separately from the other lots.. The village has always sent them separate tax bills, addressed to Mrs. Akin. The other property was jointly owned by his father and mother. He grew up in Sleepy Hollow Manor but the people speaking were relatively newcomers. Mr. Carlo Vecchi, 35 Evergreen Way stated he felt that permission should not be granted. A house on that property would change the whole appearance of the neighborhood. After a discussion regarding other parcels owned by the Akin Family, Mr. Buorianno moved, seconded by Mr. Paolantonio that the hearing be closed. Carried. BUSINESS SESSION Mr. Buomis stated he had a copy of the minutes of December 6, 19 67 referred to by Mr. Watkins and would like time to study them. Mr. Buonanno stated that copies of the minutes should be made available to those persons who would like them. They stated that pre-existing lots would be "grandfathered" and the matter was passed without opposition. Mr. Cappello felt that the minutes were clear and felt that nothing would be gained by delaying a decision. Mr. Dool felt that the residents appearing should have the courtesy of reviewing the minutes that the Zoning Board was discussing. Mr. Fine stated that: the Akin Family have certain rights under the Code as the lot was "pre-existing"at the time the Code was in effect. Mr. Cappello stated that the "trees" in question would be protected by the Architectural Review Board and our Tree Committee. �< * _7- Mr. Fine explained to the residents that the plan would have to be submitted to other Boards ;f6r their input. • There being no further comments Mr. Buonanno moved, seconded by Mr. Paolantonio that the matter be tabled until the October 17th, 1990 meeting. Carried. 5. PUBLIC HEARING-Richard Brophy,John J. & Violet ZelyezRuling for a three-family dwelling. The Clerk read the Public Notice to hear and consider a request by Richard J. Brophy, John J. Zelyez and Violet Zelyez for a ruling by the Zoning Board that the premises situated at 194 Beekman Avenue, North Tarrytown, New York and known on the Tax Assessment maps of the Village of North Tarrytown as Section 16, Lock 4, Lot 1 is a three (3) family dwelling, the construction of which pre-dates the enactment of the Zoning Code of the Village of North Tarrytown. Mr. Brophy presented affidavit of service to the Clerk as required by the Ordinance. * A letter submitted to the Board with attachments, and exhibits, affidavits of neighbors going back sixty-two years stating that the dwelling in question had been a threefamily dwelling. An exhibit dated October, 1985 stated that the Building Inspector had inspected the premises stating that no violations were found in the three-family dwelling. Also attached was a request for a Certificate of Occupancy by village declaring it a three-family dwelling. Mrs. Violet Zelyez stated she had lived in the dwelling since she was name years old, some fifty years ago, and the dwelling was always three families. Mr. Richard Brophy stated he lived in the cottage at the rear of the dwelling in question, for over forty-four years and it was always a three-family dwelling. There being no further comments Mr. Buonanno moved, seconded by Mr. Paolantonio that the hearing be closed. Carried. BUSINESS SESSION * Mr. Margotta stated that the record card indicates the dwelling to be one-family and he cannot issue a Certificate of Occupancy until the Board declares it a three-family residence, thus clearing the records. A - . ... After a discussion Mr. Buonanno moved, seconded by Mr. Cappello that the dwelling in question be declared a legal non-conforming three-family dwelling. Carried. Mr. Fine stated that the Triano matter and the 15 College Avenue matter had been postponed u n t U the October 17th meeting. ^^^-M^M^^^^^i^-i^^iM^^ ^^,^-^-^~^^^i^. , •~~--&-^s;z&j*As.*^^^»&i^&t&£gs$J£ �-8Mr. Fine stated that the Mayor had received a letter from the Patton family on Dell Street regarding the height of trees on the Damin property. The Patton family wants the trees topped off at five feet. Mr. Brady stated that the trees are on the Damin property and they may have them as high as they wish. If they overhang they may be trimmed. Mr. Fine stated that the North Tarrytown Planning Board will be the "lead agency" in the Sleepy Hollow Cemetery matter in creating new grave sites. A discussion followed regarding the Appeal and Petition of Louis Falasca to the Board of Appeals for variance of North Tarrytown Zoning Ordinance. Matters discussed was the definitions of "side yards", "rear yards" and accessory uses. Mr. Cappello moved, seconded by Mr. Buonanno that the minutes of the July 18th, 1990 meeting be accepted as read. Carried. There being no further business to come before the meeting Mr. Cappello moved, seconded by Mr. Boumis that the same be duly adjourned. Carried. Respectfully submitted, -~—»- ne 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: Applicant: Brophy/Zelyey 2. Premises: 194 Beekman Avenue Project: 3 family dwelling Section 16, Block 4, Lot 1 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: ^ V ^ - ?^ Village Counsel fc.-= r: �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: Applicant: Arcate S 2. s Premises: 225 Walker Avenue Project: Shed in rear Section 17, Block 3, Lot 15. 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: C|_>£- (jo Village Counsel �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: Applicant: Rutiglan 2. Premises: 97 College Avenue Project: Auto Repair Shop Section 16, Block 10, Lot 17.1 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: <?- ^ ~ % $^rd Village Counsel rr'fe-*j™'--i^;<*>:»^ � 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_1990-09-25 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