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                  <text>Approved w i t h r e s p e c t t o s u b s t a n c e and form:
Village Attorney
D a t e d : ^TVUIAXJU /f.

M*

Approved b y ^ t h e Zoning .1 _ Board
l a i r m a n ^ r A c t i n g Chairman
'Dated: •*»-/#- 1 t

Filed with Deputy Clerk
Clerk or Deputy Clerk
Dated: 3//f/fj

Date of Meeting

^^fiies^s^^s^la^^^^^^^si-^^

�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:

Molina

Premises:

15 College Avenue

Project:

8 family use

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: f~~ n-

4(

Village Counsel

�A Regular Meeting of the Zoning Board of Appeals was held on Wednesday, January 16th, 1991 at 8:00 PM at Village Hall, 28 Beekman
Avenue, North Tarrytown, N. Y.
PRESENT:

Jerome Fine, Chairman
Costas Boumis
Frank Paolantonio
James Karr
Vincent Buonanno

Also Present:

Absent:

James Margotta, Building Inspector
John J. Hughes, Village Attorney
Arthur Brady, Esq., Acting Village Attorney

John Cappello
John Morabito

Mr. Fine opened the meeting at 8:00PM and read a communication
from Arthur Litt, Esq., attorney for Sosa Construction, in which
he asked that the Sosa matter be adjourned until the February
hearing.
IN THE MATTER OF BALBINA TRIANA, 144 BEEKMAN AVENUE, NO. TARRYTQWN, N. Y.
Ms. Gor.-i^-Pief^ohl, E^q. , attorney for applicant presented a letter to the ^oard asking for a d^lay until the next regular Zoning
Ro^rd hearing.. However, Mr. Buonanno felt ir was imr&gt;orr.ar»+- :_-„
discuss the j?.?'ny violations thrt nurrcnti/ ^vi;/.. ir *-hn Jr1.:?.Idirg.
Mr. Margotta, the Building Inspector, stated that the apartment
addition lacked a building permit, and did not have a plumbing or
electrical permit.
Plumbing waste lines are plastic, and the
floor would have to be taken up to replace them with cooper or
cast iron lines. Gas fired heating unit and hot water tank was
installed without permits and an inspection. Sheetrock walls are
1/2 inch and should be 5/8 Fire Code.
The apartment is built on the garage floor. A four inch high
concrete floor should have been installed. This is to prevent
gas leakage and fumes from going under the apartment and causing
a fire or explosion. Also the main building is listed as a two
family residence.
A discussion ensued regarding the applicant's proving economic
hardship. Mr. Paolantonio made a motion to deny the continuance
and to vote on denying the requested variance. Mr. Karr seconded
the motion, however, the question of an owners' endorsement became an issue. At this point, Mr. Paolantonio withdrew his motion.
Mr. Karr made a motion to continue the hearing at next month's
meeting, contingent on a) that the tenant vacate the premises, b)

32

�establish who owns the buildings and secure a owner's endorsement, and 3) applicant provide information regarding
economic
hardship. Mr. Buonanno seconded motion. Motion passed.
IN THE MATTER OF VINCENT MARGOTTA, 122 DEPYESTER ST., NO. TARRY TOWN , N. Y.
This is a public hearing to hear and consider an appeal from a
decision of the building inspector in denying a building permit
to renovate 89-91 Cortlandt Street, No. Tarrytown, N. Y.
Mr. Ron Turnquist, architect for the proposed renovation, spoke
for the applicant. Two families are currently living upstairs in
89 Cortlandt, and 91 Cortlandt is unoccupied. 91 Cortlandt was
previously a bar. The kitchen and restaurant for the bar was located in 89 Cortlandt. Since the last hearing, the kitchen and
restaurant have been eliminated, and the proposed plans just show
the bar/lounge area being renovated, along with the upstairs
apartments of 91 Cortlandt St. All utilities and sanitary system
will be
updated.
Mr. Turnquist also stated that the liquor
license held by Mr. Margotta expires in 1993.
He also stated that the parking area would be larger by eliminating the old bakery stoves that are currently behind the building.
PUBLIC HEARING
Ms. Henrietta Brand, spoke• ,in I^varcf re-opening the.premjses
stating that people in that ar.ea.^ri irc-nther.place r c : socialize.
She also presented--^petiticr. with :-ver.thre° hundred si^-mtures
in favor of re-opening the bar.
Mr. Richard Ayers asked about Village Code 62-20-1 which states a
bar/tavern, delicatessen or other food service establishment
shall not be within 200 feet of another food establishment.
Mr. Buonanno moved to close the public hearing.
seconded by Costas Boumis.

The motion was

Business Meeting
Mr. Buonanno asked if this was a legitimate project for the Board
to consider. He stated he was not in favor of re-opening the
bar.
Mr. Fine recited the criteria the Board should use considering
the many variances requested by the applicant. Among others are
the economic hardship suffered by the applicant, whether this
project serves a public purpose, if the difficulty requiring the
variance was self-created, and the distance of the 200' minimum
as required by Code 62-20-1.
Parking is also major issue, as is the loading zone that would be
utilized at least 4 times a week.

33

�A motion to continue the discussion was made by Mr. Buonanno and
seconded by Buddy Karr. Motion passed.

ft

IN THE MATTER OF LEONCIO MOLINA,
RY TOWN, N. Y.

15 COLLEGE AVENUE, NO. TAR-

This is a continuation of last month's hearing.
Mr. Fine asked if the Public Hearing was closed, and Mr. Hughes,
Village Attorney, reviewed the minutes and so advised him that
the public hearing portion of the meeting was closed.
Business Meeting

%

Mr. Margotta stated that he inspected the premises, and found
them to be clean and reasonably well kept. He also stated that
the paperwork should be corrected to reflect that 8 apartments
have been in existence for many years. Mr. Buonanno also visited
the premises and he stated he was impressed with the good condition of the building and the apartments. After a brief discussion concerning the fact if variances were ever granted, and what
steps should be taken to correct situations such as the Molina
building, Mr. Buonanno moved to grant the ruling requested, on
the grounds that the 8 family apartment house has been in existence for a number of years,- b«*I&gt;re- a Village Zoning Code was established. Mr. Bournlc.seconded-the notion. Mr. Paolantonio did
not feel the vo^e to approve was appropriate and.. stated that the
illegal np5»T*tmer«tvo^r.ors could come before ths'-Roira and be
granted rulings based on !:he fach- that .they '.-^re - in-; 2::?. stance
before a zoning code was cestablished. He cited the reasons why a
Zoning Board was established. Mr. Hughes asked Mr. Margotta if
the building was a safe building, and Mr. Margotta responded that
it was safe.
A Poll was taken and the vote was 3 to 1 in favor of granting the
variance. Discussion closed.
A motion to adjourn the meeting was made by Mr.
seconded by Mr. Buonanno.

Boumis and

Meeting ended at 9:35 PM
Respectfully submitted,,
Fraricesca Lorenz
Acting Recording Secretary

%

34

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^ S ^ i ^ k l M ^ ^ ^ e &amp; ^ i r ^ i i ^ ^ ^ i S s : ^ ^ ^ ^ ^ ^ ^ ^ ^ ; ; ^ ^ ^ ^ ^ ^ ^ ^ ^

�A L V I A L. G O M E Z - R I E F K O H L
A T T O R N E Y AT L A W
2 7 NORTH BROADWAY - 3RD FLOOR
T A R R Y T O W N . N E W YORK

10591

914-332-1313

A D M I T T E D TO PRACTICE:
N E W YORK AND PUERTO RICO

January 16, 1991

Village of North Tarrytown
Zoning Board of Appeals
28 Beekman Avenue
North Tarrytown, NY 10591
Attn:

Members Zoning Board of Appeals

Gentlemen:
We are respectfully requesting that the public hearing in the matter
of Balbina Triana be continued to the next regular Board meeting.
;,j
Mrs. Triana expected to have additional documentation to present to
the Board and these documents are not available yet. Therefore, we ask
your indulgence in granting the continuance requested.

ms/ar

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