https://sleepyhollow.localarchives.org/files/original/8c1a5420a272e537f8c98f9a5b45a974.pdf c180c43607eb9fd387560d4717e58ed1 PDF Text Text d with respect to substance and form: Village Att/cfifhey Dated: Approved by the Zoning Board - ^ ^ man ,or or feting \&6i airman Chairman ated Filed with Village Clerk Clerk or Deputy Clerk Dated: 6/c3*/?/ Date of: Meeting �NORTH TARRYTOWN, N.Y, May 15th, 1991 PUBLIC HEARING • A regular meeting of the Zoning Board of Appeals was held on the above date in the Village Hall, North Tarrytown, NY. PRESENT ABSENT: Jerome Fine, Chairman Costas Boumis John Morabito FrankkPaolontonio Mary Galgano George Fitzpatrick Juan Pudajas ALSO PRESENT: Robert Spencer, Village Attorney James T. Margotta, Building Inspector Chairman Fine called the meeting to order at 8 P.M. 1. — - In the Matter of Francisco & Juana Corona, 51 Gory BROOK RoadRequesting C O . for 4-family residence. ' - ' ' ••" • •-"" - — — i -•• • '" ^ ^ f " •' ' ' " — — — — — - • " • — • • ' • ' - - - The Clerk read the public notice to hear and consider an appeal of Franciso and Juana Corona, 51 Gory Brook Road, North Tarrytown, New York from a decision of the Building Inspector in denying a Certificate of Occupancy for a four-family residence at 51 Gory Brook Road, North Tarrytown, N.Y. known and duly designated on Village Tax Assessment Map as Section 17, iMBlock 1, Lot 24, located in an R4 Zone. The official records of the village indicate that the property is a three-family residence. Mr. Arthur Litt representing the Corona family presented Affidavit of Service to the Clerk. Mr. Litt stated that the residence was a four-family residence when the Corona's purchased the property in 1979. He stated that affidavits had been obtained to verify that the property has been four families. Mr. Litt stated that two apartments on the first floor were combined to make a large apartment and an apartment was constructed in the basement. The Corona's are asking the board to legitimize something that was legal at the time. The Zoning Ordinance has been changed since the residence was converted sometime in 1945. Mr. Fine read a letter from Dr. E.V. Zegarelli of 120 Groy Brook Road stating his objections to granting the request. (Copy in Official Minutes). a i. Mario DeFelice, 35 Gory Brook Road stated he built his home in 1961 and at that time the Corona residence was a four family residence and he has no objection to the Board granting their request. �-2There being no further comments, Mr. Boumis moved, seconded by Mr. Morabito that the hearing be closed. Carried. Business Meeting; Mrs. Galgano stated the premises were a four family residence now but not the same four family residence. Mr. Fitzpatrick asked why after all this time they wanted a variance. Mr. Margotta stated they miglit want to sell or get another mortgage and wanted the matter cleared up. After a discussion Mr. Paolontonio moved, seconded by Mr. Morabito that the matter be adjourned to the next meeting, and that the Building Inspector be authorized to inspect the premises and report back to the Board. Carried. 2. In the matter of Elpedio Rodriguez & Jose Hidalgo, 146 Cortlandt Street-Apts. 1 & 3. A letter was received from Robert E. Friou,Attorney withdrawing the appeal without prejudice to being refiled at a later date. 3. In the matter of Josef Hidegues & Vicenta Concepcion, 148 Cortlandt Street-Apts. 2 & 3 A letter was received from Robert E. Friou,Attorney withdrawing the appeal without prejudice to being refiled at a later date. 4. Injthe matter of Rosa Cruz, 148 Cortlandt Street-Basement apartment. A letter was received from Robert E. Friou, Attorney withdrawing the appeal without prejudice to being refiled at a later date. 5. In the matter of Antonio Gallo, 148 Cortlandt Street-Apartment 7 . A letter was received from Robert E. Friou, Attorney withdrawing the appeal without prejudice to being refiled at a later date. 6/ In the matter of Valley Bakery, 180 Valley Street-Continued. Mr. John Tucciciarone Attorney for Valley Bakery stated that the owner was unable to be present and respectfully requested an adjournment until the next meeting. Request granted. �-37. In the Matter of Miguel Jimenez, 68 Beekman Avenue-Request for Ice Cream Parlor Continued. Mr. Jimenez informed the Board that the ice cream he would be selling would be quality ice cream and not custard. He felt he would not be in competition with any other establishment and respecfully requests that the Board grant him a variance. Mr. Chris Rezza, owner of Greene County and representing the North Tarrytown Merchants stated they were not opposed to a strictly ice cream parlor as long as no other food items were sold. The merchants felt that after he opens the ice cream parlor he would start selling various food items. Mr. George Saraaris, owner of Mike's Deli on Valley Street stated he was opposed to any new food establishments and stated that approximately eight stores in the area sell ice cream. Mr. Margotta stated that Mr. Jimenez had obtained a building permit to renovate and clean out the store and the permit did not have anything to do with the establishing of an ice cream parlor. He understands that Mr. Jimenez has signed an eight year lease and an ice cream machine is on the premises. Mr. Jimenez^ stated he purchased the machine at a fair price as the company was going out of business. Mr. Jimenez-j stated that the ordinance was adopted to prevent further opening of grocery and deli type stores, not ice cream parlors. Mr. Rezza felt that the village should attempt to sefek other types of business for the village so that the businesses would be more diversified. There are too many food stores. Mr. Louis Marchello stated he is the owner of Vinnie's. Deli and Grocery and felt that Mr. Jimenez was not being truthful. He told the Building Inspector one thing and ended up doing something" different. His store is located about 75 feet from Mr. Jimenez's. Mr. Tom Gioiella, GreeneCounty, stated the village has installed new lights, new sidewalks and roadway and increased our taxes. They should also try to encourage new business to come into the area. There being no further comments Mr. Boumis moved, seconded by Mr. Morabito that the hearing be closed. Carried. Business Meeting: Mr. Morabito stated that ice cream parlors should only sell ice cream, candles ice cream cake and not chilli dogs or gifts. �-4Mr. Margotta stated that it was impossible to enforce the ordinance as written. Mr. Boumis felt the ordinance was adopted in order to limit the number of delis and grocery stores. Mr. Paolantonio stated that Mr. Jimenez problem was self-inflicted as he chose to sell an item that was included in the ordinance. He would also like to see more specialty shops and perhaps a flower shop. Mr. Fitzpatrick stated the Valley Bakery had requested a variance for a bakery and he is now back asking for additional variances in order to sell various food items. Mr. Boumis moved, seconded by Mr. Morabito that the variance be granted with the conditionithat it will be an ice cream parlor, that no hot chocolate, hot tea, coffee, cakes or any other items no/connected with ice cream be sold. Chairman Fine polled the Board as follows: Mr. Boumis Mrs. Galgano Mr. Morabito Mr. Paolantonio Mr. Fitzpatrick Yes Yes Yes - Yes - No Chairman Fine declared the variance granted. 8. In the Matter of Vincent Margotta, Cortlandt Street-Continued. Mr. John Tucciarone, representing Mr. Margotta outlined the various items and the variances requested. He stated it was impossible to comply with the present Zoning Ordinance with buildings that have been around a long time. His client has proposed the various changes as requestedbby:the -Planning Board and Zoning Board. He has attempted to recoup some of his investment. If the Board does not want a restaurant he will maintain it as a tavern. If a tavern is not allowed they would consider another type of commercial establishment. There being no further comments Mr. Morabito moved, seconded by Mr. Paolontonio that the hearing be closed. Carried. Business Meeting; After a discussion Mr. Fine requested that Mr. Margotta submit a reviesed set of plans, including the tavern. Mr. Fine requested that the Board members review the minutes of the previous meetings and the matter be adjourned to the next meeting. �-5Chairman Fine asked if there was anyone present who would like to address the Board. Mrs, Renee Cocqueran, Howard Street intjuired^asoto the status of the request of the owner of 62 Howard Street. She stated that she was opposed to the issuance of the variance. She also stated that 65 complaints to the Police Department regarding the nuisances committed at the property had been filed, and she would like to have the decks removed. Mr. Margotta stated he was waiting for a report from the structural engineer as to the safety of the decks. Mrs.Cocqueran stated she had witnessed someone falling through the deck on April 23rd and was very upset with the situation at 62 Howard Street. Mr. Boumis stated the Board only deals with matters that are covered by the Zoning Code. After a discussion, Mr. Margotta was instructed to inform the Engineer that the matter would be discussed at the next meeting, and the Board would appreciate having his report. Mr. Spencer stated that it might be a matter for the Police Department rather than the Zoning Board. Approval of Minutes Mr. Boumis moved, seconded by Mr. Morabito that the minutes of April 17th, 1991 be approved with the following corrections: Page 1 - Business Meeting-Should read: Mr. Paolantonio stated that the house has been a three family house since the 1940's. Mr. Boumis stated.that the zoning before 1962 was ineffective. There were pre-existing and non-conforming uses. Costas Boumis made a motion to grant a Certificate of Occupancy for the property of 82 Pocantico Street as a threefamily residence. Mr. Paolantonio seconded the motion. Motion Carried. Page 3 - Business Meeting-Should read: Mr. Boumis stated that there is a dilemma in the Cf^rification of the Village Code. Mr. Fine stated that there are different types of variances and there should be a decision as to whether or not an area variance or a use variance should be applied. The Chairman concluded that the application should be treated as a use variance. �-6There being no further business to come before the Board, Mr. Paolontonio moved, seconded by Mr. Morabito that the same be duly adjourned. Carried. sspectfully submitted, i Amato Acting Clerk �NORTH EAST REGIONAL BOARD OF DENTAL EXAMINERS, INC. Office of Edward V. Zegarelli, D.D.S., M.S., Sc.D. Chairman, Examination Committee 120 Gory Brook Road No. Tarrytown, New York 10591 Tel: (914) 631-0049 (914)332-1754 Central Office 4645 Burroughs Avenue, N.E. Washington, D.C. 20019 Tel: (202) 398-6196 Consortium CONNECTICUT DISTRICT OF COLUMBIA ILLINOIS MAINE MARYLAND MASSACHUSETTS MICHIGAN NEW HAMPSHIRE NEW JERSEY NEW YORK OHIO PENNSYLVANIA RHODE ISLAND VERMONT WEST VIRGINIA Associate Members fa \j-+-r—t^rt?*£ ^i^yy^tscM. ,-ixt»-*-c*<£^ s*s>~> CALIFORNIA DELAWARE FLORIDA lfe+~J "fc- U^rr^J- lb: r A —w I) \M t<^r Zc*Y~l^ r-c*s*^*JL^ W/^uOJ^o CL^A ^u^TCc^ IVsr IA^IJSJU^^^ h**«^~t ^^^^-^^^C^^^t^v^ l^'-^i<^w^i:j,i^*^,~ih~.kiim&^^-k^mdi*'^jii �<^eJL~- \xt^t^Jc£^L [l+~c444o ^Z\J^<> '*• I - A y^rr^JJ^ t ^^t^^^yCeJ^ 1i^w^A^ ¥ His S. \ vie*** vu£t M^+^i CL i. ^ A i 3 & - ^ j f e ^ ^ w s y s a t i i i i a c �JOHN P. TUCCIARONE ATTORNEY AT LAW May 14, 1991 390 BEDFORD ROAD P.O. Box 416 PLEASANTVILLE, NEW YORK 10570 (914)769-6668 Zoning Board of Appeals Village of No. Tarrytown Re: 180 Valley Street Sec. 16, Block 12, Lots 6A, 6B, 7A, 7C, 7E Rehearing of Variance granted to "Valley Bakery*/" To the Board: My client, Francisco Mejias, will be unable to be present with me at the meeting scheduled for Wednesday evening. May 15th, 1991. He must be away on a family emergency. He has not authorized me to proceed without his presence, and I accordingly request an adjournment of this matter until the next opportunity this Board may have to address the same. I thank you for your understanding and courtesy in this request. JPT:kpr CC. Mr. F . M e j i a s � 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-1991 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_1991-05-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-1991 Date A point or period of time associated with an event in the lifecycle of the resource 1991 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