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Approved with respect to substance and form

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Dated:

1-2-1-^

Approved by_the Zoning

Board of Appeals

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[airman &amp;r A c t i n g Chairman
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F i l e d w i t h Deputy Clerk
Clerk or. Deputy Clerk
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Date of Meeting

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A Regular Meeting of the Zoning Board was held on Thursday,
November 29, 1990 at 8:00 PM in Village Hall, North Tarrytown,
New York.
PRESENT:

Jerome Fine, Chairman
Costas Boumis
John Morabito
Frank Paolantonio
Vincent Buonanno
John Cappello

Also Present:

•""

John Hughes, Village Attorney
James Margotta, Building Inspector

APPROVAL OF MINUTES
Mr. Costas Boumis made a motion to approve the September, 1990
Zoning Board Minutes as written. The Motion was seconded by Mr.
Vincent Buonanno. Motion carried.
Vincent Buonnano made a motion to approve the October, 1990
Zoning Board minutes with corrections. The motion was seconded
by Mr. John Morabito. Motion carried.
Corrections to the October, 1990 Minutes are as follows:
AKINS' MATTER;Last sentence should read: "He was also requested
to submit a site plan covering both lots at next month's
meeting".
KRINGAS ' MATTER: First sentence, last paragraph should read:
A motion to grant the variance for the pre-existing (which is to
remain in its current form for perpetuity) 5 family dwelling as
is was made by Mr. Buonanno and seconded by Mr. Paolantonio.
Mr. Fine formally welcomed Mr. John Morabito as a new member of
the Zoning Board.
Mr. Margotta reported to the Chairman that the Minardi matter has
been resolved. Mr. Minardi agreed to remove the appliances out
of the basement area.
The matters of Bruce Von Glahm, and Vincent Margotta will be
tabled until next month.
IN THE MATTER OF E. AKIN, 28 EVERGREEN WAY
This is a continuation of last month's Public Hearing.
Mr. George O'Hanlon of 2 Lake Shore Close spoke against the
variance citing the square foot requirement and the lack of
economic hardship suffered by this Applicant.
George Ritz, of Lake View Avenue spoke against granting the
variance stating overdevelopment would ruin the area.
29

�V

Gerald D.Reilly, Esq., attorney for the Sleepy Hollow Taxpayer's
Association presented a survey from Charles A. Riley, (not
related). He stated that the three lots in questions were merged
into one piece of property. He also indicated that in 1967, the
Zoning Board increased the size of the building lots from 10,000
square feet to 15,000 square fee, in Sleepy Hollow Manor. It was
noted that the intention of this Zoning ordinance was so that
Sleepy Hollow Manor was not to be divided into small lots.
Mr. Sam Watkins, Attorney for the applicant cited the grounds for
the applicant's request for the variance as practical difficulty,
significant economic injury and financial loss as a result of the
strict application of the area standard.
Mr. Ritz questioned the Akins claim of economic hardship. Mr.
Michael Owen of 39 Evergreen Way stated that they may be 69 nonconforming lots in Sleepy Hollow Manor because of the 1967 Zoning
change regarding square feet in building lots.
Mr. Ritz addressed the Board and stated the 69 non conforming
lots have trees and the pond situated on them.
Mr. Costas Boumis moved to close the Public Hearing, Mr. Vincent
Buannano seconded the motion. Motion carried unanioumsly.
BUSINESS MEETING:
Mr. John Hughes, Village Attorney, discussed the issues raised by
this application. Mr. Buannano stated that the law was not meant
to cause economic loss to the residents of the Manor.
Mr. Cappello referred to minutes of April 1968, August 1965,
August 77 and August 79 whereby the Zoning Board approved similar
applications regarding area variances in Sleepy Hollow Manor that
came before them.
Mr. Frank Paolantonio moved to have a Special meeting on December
11, 1990 at 7:00 PM to discuss this further.
Costas Boumis
seconded the motion. Motion passed unanioumsly.
IN THE MATTER OF ROGELIO CAMPOS. 60 CLINTON STREET, NO. TARRYTOWN, N. Y.
This is a continuation of last month's hearing.
PUBLIC HEARING:
Mr. Miguel Jiminez spoke against the variance to Zoning code Sectionm 62-20 and requested that the building be inspected by the
County Department of Health and also have a fire inspection.
A mumber of merchants spoke against granting the variance citing
that the Village has too many food and bar establishments now,
and any additional food business would hurt current businesses,
which are already suffering from the downturn in economic trends.
30

�V

A motion to close the Public Hearing was made by John Morabito
and seconded by Mr. Buannano. Motion passed unanioumsly.
BUSINESS MEETING:
Mr. Hughes indicated that the question before the Board was
whether or not there was a nonconforming use at this property
which use has not ceased for a period of one year or more. If
there is such a non-conforming use, it may continue but may not
be changed or enlarged. The business which existed, known as
"Carol's Kitchen" or its successor may only continue to provide
that exact type of food service as it did as of the effective
date of the ordinance. If the applicant proposes a different
type of food service business at this location, it must apply for
a variance. The applicant, Mr. Rodriquez, said that he would
review his options and make a decision.
At this point a public hearing was started regarding the Leoncio
Molina matter and it was discovered that the attorney failed to
provide proof of Affidavits of Receipts.
Also proofs of Affidavits could not be provided for the other two items on the
agenda (Balbina Triana and Amilcar Ferreira), therefore the meeting came to close.
Being no further business, meeting adjourned at 10:05 PM.
Respectfully submitted,

Francesca Lorerfs
Recording Secretary

31

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