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*

•

with respect to substance and form;

Approved by the Zoning Board

rman or Xcting Chairman

ated: 4y/7'/?/

Filed with Village Clerk

.erk ox^Deputv CI
Clerk
Cler
Dated:

Date of Meeting

7

•

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�4

A Regular Meeting of the Zoning Board of Appeals was held on
Wednesday, March' 20, 1991 at 8:00PM in Village Hall, North Tarry town, New York.
Present: Jerome Fine, Chairman
Costas Boumis
John Morabito
Frank Paoloantonio
John Cappello
Vincent Buonnano
Also Present: John Hughes, Village Attorney
James Margotta, Bldg. Inspector
Absent: Mr. James Karr
Chairman Fine read a letter from Attorney Donal Walsh requesting
an adjournment for his client Kirit Desai until April.
IN THE MATTER OF VINCENT KRIZMAN. 175 NO. WASHINGTON STREET, NO.
TARRYTOWN. N. Y.
This is a public hearing to hear and consider an appeal from a
decision of the building inspector in denying a certificate of
occupancy for a five family residence at 175 North Washington
Street,No. Tarrytown known as Section 16, Block 14, Lot 2.
Property records cards indicate the property to be a three family
residence.
Mr. Michael Krizman, appeared before the Zoning Board on behalf
of his father, and presented the Clerk with Affidavits of Proof
of Receipt, and stated that the property has always been a 5
family residence.
Mr. Fine stated prior to the Zoning Code, that this property has
been a 5 family house since 1960, and letters were placed into
the record as to the testimony of the residence being a 5 family
unit. Mr. Reinhardt of 41 College Avenue stated that he had no
objection to the house being zoned as a five family house. Mrs.
Mary Petkoff also stated that property has always been a 5 family
house.
Mr. T. Windle moved into the building as a tenant 15
years ago, and the residence was a 5 family house then, and
stated that the house has always been in good condition.
John Cappello made a motion to close the public hearing.
was seconded by Vincent Buonanno.

35

Motion

�*

Business Meeting:
Mr. Buonanno noted that the residence has always been a 5 family
residence and has sufficient off-street parking. Mr. Cappello
stated he knew Mr. Krizman many years, and considered him to be
of good character.
Mr. Morabito made a motion to approve the 5 family Certificate of
Occupancy based on the ruling that the building predates the
Zoning Code.
Mr. Paolantonio seconded the motion.
Motion
carried.
IN THE MATTER OF AGUSTIN TRIANA, 125 BEEKMAN AVENUE, NO. TARRYTOWN, NEW YORK
This was a public hearing to hear and consider an appeal of a
decision of the Building Inspector in denying a Certificate of
Occupancy for a four family residence located at 125 Beekman
Avenue, North Tarrytown, N.Y know on Village tax maps as Section
15, Block 10, Lot 13.
Property record cards indicated the
property as a three-family residence.
Mr. Hughes, Village Attorney, stated he has represented Mr. Triana on other matters and excused himself from the hearing. Mr.
Ralph Bettman, Attorney represented Mr. Triana and provided the
Clerk with the appropriate Affidavits of Proof of Receipt.
Mr. Bettman stated that the fourth apartment at this property was
constructed before the Fire and Building Codes.
A number of
residents stated that the building was always a four family
house. Mr. Bettman maintained that Mr. Triana could park 7 cars
on the property, thereby eliminating unnecessary street parking.
Mr. John Cappello made a motion to close the Public Hearing.
tion was seconded by Frank Paolantonio

Mo-

Business Meeting:
Mr. Paolantonio stated that he researched the records and found
that in 1965 this property was a 2 family house; the third family
was granted a Certificate of Occupancy. Mr. Buonanno stated that
in 1960 it was a three family house. At this point, Mr. Margotta
stated the Board could grant a variance to Mr. Triana.
Mr. Cappello asked for more time before the board granted a C O .
as he wanted to check out the property.
Mr. Buonanno made a move to deny the request for a Certificate of
occupancy. Costas Bournis seconded the Motion. A poll was taken
among the board, and all denied the certificate.
36

�Mr. Bettman made a statement that issues were raised after the
Public Hearing was closed, thereby eliminating his opportunity
for rebuttal.
IN THE MATTER OF BALBINA TRIANA. 125 BEEKMAN AVENUE, NO. TARRYTOWN, NEW YORK
This is a continuation of a Public Hearing requesting a Certificate of Occupancy for a garage apartment.
Mr. Gomez-Reifkohl appeared before the Board and presented the
applicant's divorce degree as requested by the Board.
Ms.
Gomez-Reifkohl also told the Board she sent a letter to the
tenant occupying the garage apartment to vacate the premises.
Ms. Gomez-Reifkohl requested the board grant a use variance due
to economic hardship.
Frank Paolantonio made a motion to close the Public Hearing.
John Moribito seconded the motion.
Business Meeting:
John Cappello made a motion to deny the request for the following reasons: a) This would be setting a bad precedent for the
area; 2) Undermine code uses ie. one house, one lot; 3) situation
is not unique and not in the best interest for the Village to
divert from the ordinances; and lastly, based on the information
provided, no economic hardship is seen in this matter. John
Moribito seconded the motion.
A poll was taken and all voted
to deny the request.
At this point, all agenda items were heard, and Mr. Paolantonio
moved to approve the minutes of the February Meeting. John Cappello seconded motion, motion carried.
There being no further business meeting was adjourned.
Respectfully submitted,

&lt;2A/6A^T

j \ ^t~c*&lt;.

Francesca Lorenz
Recording Secretary

37

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