https://sleepyhollow.localarchives.org/files/original/f98dfec0fcc00549f92b29deb0b19cce.pdf e9b09e2690b4cda2a8a0b1b796dd2d96 PDF Text Text # Approved!with respect to substance and form; Village Attorn Dated: Approved by the Zoning Board &&&? irman or Acting Chairman i\ Filed with Village Clerk Q . (fV^^jL^tT^ Clerk or Deputy Clerk Dated: ^ I ill 91 Date/c/f Meeting1 ^ �May 9 . 1991 V i l l a g e o f North Tarrytown, N.Y. Zoning Board of Appeals Gentl emen, I , /)%tt^U v^ULr^cVCi' > and r e s i d i n g a t mJjJj_m_ Col 1 ege Avenue, North Tarrytown, New York , do hereby s t a t e , t h a t to the best o f my knoweldge the dwelling located a t 65 College Avenue, North Tarrytown, New York has been maintained as a 3"FamIly d w e l l i n g f o r Idnece f o r the past the past J^Q ^r^> years. 3 Q y e a r s . I have resided a t my r e - years and do personally know John S Mary Benvln f o r �May 9 1991 V i l l a g e o f North T a r r y t o w n , N.Y. Zoning Board o f Appeals Gentlemen, I. Ga/$art ^^4i^ZJ<trf\ ' and r e s i d i n g a t ff?( C o l l ege Avenue, N o r t h T a r r y t o w n , New York , do hereby s t a t e , t h a t to t h e b e s t o f my knoweldge t h e dwel 1 Ing l o c a t e d a t 65 C o l l e g e Avenue, North T a r r y t o w n , New York has been m a i n t a i n e d as a 3~Famlly d w e l l i n g f o r . 3 / idnece f o r t h e past the past 3/ /5~Q years. y e a r s . I have r e s i d e d a t my r e - years and do p e r s o n a l l y know John £ Mary Benvln f o r �May ff 1991 Village of North Tarrytown, N.Y. Zoning Board of Appeals Gentlemen, I, ^U GtzjicJL a ^ residing at </V Col 1 ege Avenue, North Tarrytown, New York , do hereby state, that to the best of my knoweldge the dwelling located at 65 College Avenue, North Tarrytown, New York has been maintained as a 3-Famlly dwelling for Y'f years. 1 have resided at my reIdnece for the past *f4~ years and do personally know John 6 Mary Benvln for the past 37 years. �NORTH TARRYTOWN, N.Y. July 17th, 1991 PUBLIC HEARING A regular meeting of the Zoning Board of Appeals was held on the above date in the Village Hall, North Tarrytown, N.Y. PRESENT: Jerome Fine, Chairman Costas Boumis, John Morabito, Frank Paolaritonio, Mary Galgano, Juan Pujadas, George Fitapatrick ALSO PRESENT: Robert W. Spencer, Village Attorney James Margotta, Building Inspector Chairman Fine called the meeting to order at 8 P.M. 1. Public Hearing-146-148 Cortlandt Streetr^Approvad of-^apartments. The cle±k read the public notice to hear and consider an appeal by Peoples Westchester Savings Bank, 3 Skyline Drive, Hawthorne N.Y. from a decision of the Building Inspector denying a Certificate of Occupancy for a seven family residence located at 146 Cortlandt Street, North Tarrytown, New York and a nine family residence located at 148 Cortlandt Street, North Tarrytown, New York. The premises at 146 Cortlandt Street are shown on the tax assessment maps of the Village of North Tarrytown as Section 16, Block 10, Lot 15B, and the premises at 148 Cortlandt Street are shown as Section 16, Block 10 Lot 15A. Mr. L. Victor Vaccaro, attorney representing Peoples Westchester Savings Bank presented Affidavit of service too!.the clerk. Mr. Vaccaro presented information to the Board regarding the property at 146 and 148 Cortlandt Street. He stated that an application had been made to the building inspector to permit seven apartments and nine apartments. The application was denied. Mr. Vaccaro stated that the records of the village differ from the actual composition of the building. He was prepared to present affidavits from tenants who had resided in the buildings for many years. He stated that the bank had foreclosed on the property and was anxious to repair and renovate the apartments. He stated that the New York State Division of Housing lists eighteen apartments in the two buildings. Mr. Bogardus, Senior Vice-President for Peoples Westchester Savings Bank stated the bank was willing to have sixteenrapartments whereas the village shows twelve apartments. At the present"time there are three vacant apartments. The bank feels it needs the extra apartments to make the project economically feasible. The bank is very concerned about the welfare of the tenants and would �f -2like to keep them. Mr. Fitzpatrick stated that the Town of Mt. Pleasant shows eight and ten apartments in the buildings, whereas the Village shows six and six. Mr. Fine stated that the changes were made prior to the adoption of the Zoning Code in 1964. After a discussion Mr. Fitzpatrick moved, seconded by Mr. Morabito that the hearing be closed. Carried. 2. Public Hearirig-146 Cortlandt Street-Approval of Apartments. The clerk read the public notice to hear and consider an appeal by Odilys Diaz, Jose Hidalgo, Percio Martinez Elpidio Rodriguez, Ana Torres, Hilma Suarez, 146 Cortlandt Street, North Tarrytown, New York from a decision of the Building Inspector in denying a Certificate of Occupancy for a seven family residence for the premises known as 146 Cortlandt Street, North Tarrytown and shown on the tax assessment maps of the Village of North Tarrytown as Section 16, Block 10 Lot 15B. In the alternative, the applicants request variances for minimum lot size, maximum lot coverage, off-street parking, front yards and side yards. 3. Public Hearing-148 Cortlandt Street-Approval of Apartments. The clerk read the public notice to hear and consider an:. appeal by Rose Cruz, Antonio Gallo, Josef Hegedus, Gumercinda Leonardo, Aida Monegro, Maria Toribio and Luis Urgiles, 148 rtlandt Street, North Tarrytown, New York from a decision of the Building Inspector in denying a Certificate of Occupancy for a nine family residence for the premises known as 148 Cortlandt Street, North Tarrytown and shown on the tax assessment maps of the Village of North Tarrytown as Section 16, Block 10 Lot 15A. Ms. Judy Studebaker, representative of the Westchester County Legal Services stated that she represented the tenants of 146 and 148 Cortlandt Street regarding the above matter. She stated that Mr. Gallo has lived at the premises for over forty years, Mr. Hegedus has lived there over twenty-six years. She stated the tenants were seeking approval of the apartments by the Board so that none of the tenants will have to move. Most of the tenants are elderly, retired and living in rent controlled apartments. She stated the;apartments have existed for a long time and should be "grandfathered" in. Mr. Fine asked if there was anyone present who would like to address the Board on the above matter. Mr. Vaccaro stated that the Board should not act on the application of the tenants at the cost of the owner. The owners were not seeking variances. The bank is not seeking to eject any tenants. The Board should not act on the application of the tenants as they would be setting a precedent. Their grievances should be settled elsewhere. The Bank requests that the tenants (,«>„ •.: =?*c*...- •--;-> ^^.•sri-i£c--«svs*«i ^^m^h^^^f^4^-^Mi&-w^SAmA^3i^si^k �-3application be denied and that the application of the Bank be considered and granted. • There being no further comments to come before the Board Mr. Morabito moved, seconded by Mr. Paolantonio that the hearing be closed. Carried. BUSINESS MEETING: Mr. Paolantonio asked the Attorney if the tenants have any right to ask for variances. Mr. Spencer stated that the tenants might have rights if the application had the approval of the landlord. In this case the landlord opposed the application. Mr. Spencer stated that he would have to research the matter. A discussion followed regarding the various apartments and the construction that would have to be completed, especially in the basement apartment. Mr. Spencer stated that it was up to the Board to decide whether the buildings should contain six and six apartments or seven and nine apartments. Mr. Fine stated that the board would like more corroborating evidence as to the number of apartments in each building. The Building Inspector was instructed to inspect the buildings and report back at the next meeting. Mr. Boumis moved, seconded by Mr. Fitzpatrick that the matter be postponed to the next meeting in order to obtain further information. Carried. 4. Laurentino Rodrigues, 180 Valley Street-Discussion. Mr. Tucciarone, representing Mr. Rodrigues presented a proposal for a restaurant with a bar, seating approximately nine people. A discussion followed regarding the modification of the bar. Mr. Fine stated that a bar in a restaurant is not a bar where people hang out, but is used for a service bar and felt that the design as is, is appropriate. Mr. Morabito moved, seconded by Mr. Paolantonio to approve the design as presented in Revision #2. Mr. Fine polled the Board as follows: Mr. Boumis Mr. Morabito Mr. Pujadas l^frstain Yes Yes Mr. Paolantonio Ms. Galgano Mr. Fitzpatrick Yes Yes Yes �-4Mr. Fine declared the motion carried. 5. Valley Bakery, 180 Valley Street, Continued. Mr. Tucciarone stated that he represented the owners of the Valley Bakery and would like an interpretation of the ordinance regarding delis, etc. Mr. Fine stated that the Zoning Board, Planning Board and the Architectural Review Board had met with the purpose of advising the Board of Trustees to re-write the ordinance, as it was difficult to interpret. Mr. Fine stated that the original plans for the bakery were for a bakery only. The owners were not to serve any other food products. Mr. Tucciarone stated that many bakeries serve coffee, either "to go" or for on premises drinking. Mr. Paolantonio stated that he felt a bakery should be just a bakery not a coffee shop. If permitted they will continue to add various items to sell. The Board was specific in granting permission to have the bakery that no other items were to be sold. Mr. Morabito felt that the Board should stand behind their decision in allowing the bakery only if no other items are sold. Ms. Galgano stated she felt that coffee could be served but once sandwiches and soup are sold it becomes a deli. After a discussion Mr. Boumis moved, seconded by Ms. Galgano that permission be granted for establishment to be a Chilean Bakery with only coffee to be served. Mr. Fine polled the Board as follows: Mr. Mr. Ms. Mr. Mr. 6. Boumis Yes Mr. Morabito Pujadas Abstain Mr. Paolantonio Galgano Yes Mr. Fitzpatrick Fine Yes Fine declared the motion carried. No No Yes Amoco Station, 339 No. Broadway, Canopy-Public Hearing. The clerk read the public notice to hear.and consider an appeal by Peter Castro, 339 North Broadway, North Tarry t^own, N.Y. from a decision of the Building Inspector in denying a building permit for the installation of a proposed canopy, underground! tank and new product dispenser on Lot 32A, Section 15, Block 13 on the tax assessment maps of the Village of North Tarrytown, said lot being located at 339 North Broadway, North Tarrytown, New York. �-5- • The canopy set back is 5 feet and 20 feet is required; the canopy size is 24 feet X 30 feet and the requirement ;is 24 feet X 24 feet; and the fuel storaqe set back is 10 feet and the requirement is 25 feet. Mr. Fine asked if there was anyone present who would like to address the Board. Mr. Ghristopher. Pagalaro, representing Mr. Castro presented Affidavit of Service to the Clerk Mr. Pagalaro presented plans and outlined the project to the Board. He stated that the gas station was built sometime during 1930, before any codes were in effect. If these requirements were in effect at the time of construction of a modern station they could not be built. They felt that the improvement of the garage would enhance the area. They had received a letter from Clark Associates stating they have no objections. Plans will be submitted to N.Y. S. Dept. of Transportation, showing lighting, landscaping, etc. Mr. Margotta stated that the application should go to the Planning Board for a pre-hearing. Mr. Morabito moved, seconded by Mr. Paolantonio that the hearing be closed. Carried. Business Meeting: A discussion followed regarding "right turn" on Lawrence Avenue, the size of the canopy, gas pumps, sprinkler system and the height of the canopy. Mr. Morabito moved, seconded by Mr. Boumis that the variance be granted as requested by Peter Castro. Carried. 7. Jose Leston-131 Depeyster Street-Establishment of a four family residence. Mr. John J. Hughes,Jr, representing Mr. Leston outlined the request to establish a four family residence. He stated that various neighbors had attested to the residence being four families. Mr. Hughes stated that the property is clean and well maintained. There is parking for three cars on the property. Mr. Hyland, also a long time icesident of the area had informed Mr. Hughes that he felt the property was always a three family residence, with a family kitchen in the basement. Mr. Hughes stated that the original application had been filed by Mr. Walsh and he had been informed that the basement apartment was a legal non-conforming apartment created in 1963. t -.r't^-iiii ^ i i ' S ^ r ^ i ^ i ^ a - t ^ " ^ �-6Mr. Hughes stated the Code Enforcement Officers had found four families living in a two family house of record. Mr. Margotta stated that the ceilings in the basement apartment were a little low. Mr. Hughes stated that he would like the Board to establish the residence as a four family residence. If not, a three family residence and he would return and ask for a variance for the fourth apartment. After a discussion, Mr. Morabito moved, seconded by Mr. Fitzpatrick that the residence be established as a three family and the owner given 120 days to resolve the situation. Carried. Approval of Minutes Mr. Morabito moved, seconded by Mr. Paolontonio that the minutes of the meeting held on June 19th, 19 91 be approved as presented. Carried. Mr. Boumis abstained. Mr. Fine stated that the next meeting of the Board will be held on August 21, 1991. He also stated that due to the Jewish Holiday the September meeting will be held on Wednesday, September 11th. There being no further business to come before the Board, Mr. Fitzpatrick moved, seconded by Mr. Boumis that the same be duly adjourned. Carried. Respectfully submitted, Irene Amato Acting Clerk � 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_1991-07-17 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