https://sleepyhollow.localarchives.org/files/original/b04465ec749107446fba171f5be213af.pdf 60df88dc3e22cbb14743a829f441e01c PDF Text Text Approve^fyith/ respect t o substance and form; Village" Attorne" Dated: Approve/d by the Zoning Board Chairman or Acting Chairman DaXed: Filed with Village Clerk Q', C ^s-^vStX~j Clerk or Deputy Clerk Dated: 9 A-7'/^/ :e of of Meeting Date Meeting 7 �REGULAR MEETING NORTH TARRYTOWN, N.Y. August 21st, 1991 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 Paolantonio Mary Galgano George Fitzpatrick ABSENT: Juan Pujadas ALSO PRESENT: Robert W. Spencer, Village Attorney James Margotta, Building Inspector Chairman Fine called the meeting to order at 8 P.M. 1. 146-148 Cortlandt Street-Continued Discussion Chairman Fine stated that a Public Hearing was held at the last meeting regarding the number of apartments at the above addressess. Since that meeting, additional information has been submitted to the Board. Mr. Fine asked if there was anyone who would like to discuss the matter. Mr. Robert Friou, representing the tenants in both buildings presented an Affidavit of tenant, Josef Hegedus who has lived at 148 Cortlandt Street for the last twenty-five years. (Affidavit in Official Minutes). Mr. Victor Vaccaro, representing the Peoples Westchester Savings Bank stated that an Affidavit of Mary Pastell was previously sent to the Board for their information. Mr. Spencer reported he had researched the matter of tenants requesting variances on property and had not found any cases where a tenant can be granted variances without the landlords permission. Mr. Paolantonio stated that the village records show six apartments in each building and felt they should be adhered too. He stated that during and after World War II many landlords constructed apartments without building permits and felt these apartments are not legal apartments. They have not been paying their fair share of taxes for many years. Mr.Vaccaro stated the bank was asking that the Board allow seven apartments at 146 and nine apartments at 148 Cortlandt Street. They also request that the apartment in the basement be allowed. They did not want to evict the present tenant. �-2Mr. Boumis inquired as to the apartments conforming to the Building Code. Mr. Margotta stated if they do not conform he would not issue a Certificate of Occupancy. He also stated that the extra apartments cannot exist if there is no second egress. Mr. Fitzpatrick stated he had inspected the buildings, including the basement apartment and felt that the basement apartment was a fairly recent addition. After a discussion, Mr. Morabito moved, seconded by Mrs. Galgano that the Bank's application, requesting seven apartments at 146 Cortlandt Street and eight apartments at 148 Cortlandt Street, excluding a basement apartment be granted. Carried. Chairman Fine asked Mr. Friou if he would like to withdraw the tenant's application. Mr. Friou stated he would have to discuss the matter with the other Attorneys involved, and they were out-of-town at present. Mr. Vaccaro stated that the Bank does not approve of the tenant's application for variances. He stated that the bank was not asking for any variances. They wanted the Board to act on the number of apartments in each building. Mr. Fine stated that the Bank's request was settled and we will continue discussion of the tenant's request at the next meeting. After a discussion Mr. Boumis mowed, ..secoaded by Mr. Paolantonio to^modify the motion to include the tenant's application «mr the decision reached by the Board, Carri^efc. Mr. Morabito moved, seconded by Mr. Paolantonio that the minutes of the meeting held on July 17th, 1991 be approved as presented. Carried. Mr. Fine stated he had prepared a letter that was sent to the Board of Trustees regarding "Accessory Building" in Philipse Manor. He stated that the Board had a Public Hearing on the matter but did not make a decision. Mr.Fine stated that the next meeting will be held on September 11th, due to the Holiday. There being no further business to come before the Board Mr. Morabito moved, seconded by Mr. Paolantonio that the same be duly adjourned. Carried. Respectfully submitted, ene Amato, �AFFIDAVIT OF JOSEF HEGEDUS STATE OF NEW YORK COUNTY OF WESTCHESTER 1. ) )ss.: ) I reside in Apartment Number 2,148 Cortlandt Street, North Tarrytown, New York. I am making this affidavit in support of appeals to the North Tarrytown Board of Zoning Appeals. One appeal was made by all tenants residing at 146 and 148 Cortlandt Street. Other appeals were made by People's Westchester Savings Bank, the owner of both buildings. Each appeal asks for certain interpretations or alternatively for variances from strict application of the Zoning Ordinance to the buildings at 146 and 148 Cortlandt Street. 2. I speak and read Hungarian and therefore this affidavit was translated for me from English to Hungarian by Mr. Frank Patyi, a resident of North Tarrytown, who speaks and reads both Hungarian and English. 3. I came to the United Sates in 1966; my grandfather had lived here before me and he was in the U. S. Navy. My first residence was in North Tarrytown and within a month I moved into my present apartment. Until I was disabled in a work accident, I was employed by the Rockefeller Estate. 4. My apartment is a small one as shown on the diagram attached to this affidavit. It is in the front of the north side of the first floor. It is exactly in the layout it was in 1966. 5. At the rear of my apartment there is a wall which divides the front apartment from the one at the rear of the north side of the first floor. The rear apartment also appears on the diagram annexed. �•»! ' 6. I worked on construction projects and as a carpenter and I am able to determine from my experience what the steps were to construct the rear wall and to modify it and when these steps were taken. My experience also qualifies me to judge the age of the cracks in the wall which are discussed below. Such cracks form very slowly and one can judge from the length of time in which a crack lengthens approximately how old it is. A photo of the wall taken August 20,1991 is attached to this affidavit. It illustrates the points I will talk about. 7. It will be observed from the photo attached that there appears to be the mark of a door frame on the wall. That outline of a door frame was there when I moved in in 1966. It already had signs of age. From the upper left corner of the old door closure a crack radiates up and to the right. Another large crack appears to the left of the door closure. And again up near the ceiling there is another crack also curving to to right from the wall up to the ceiling. These cracks result from some structural support which was in the wall or the building being removed to install and later close in the door. As the building settled where the support was removed the wall and ceiling cracked. 8. The large crack which appears at the left of the image of the door closure was there when I moved in. But at that time it was very small. Slowly it has grown larger since then. 9. This means that the wall was built into the building at some early date. Some time later a door was installed in the wall to open the wall through to the rear apartment. The door was not well located. 10. Later the door was removed and the door opening was closed up. The work was badly done. The result was that cracks, which appear in the photos, opened at the upper left of the old door opening. These cracks had already opened at the time I moved in. And I would estimate that it would have taken a few years for the cracks to develop as they were when - 2 - �*V • I moved in. They result from the failure properly to install the door or from poor work in removing the door and closing the opening. 11. I conclude that the original wall may have been built about 1940 to 1950, the door installed later. I estimate that the door must have been removed at some later date, probably as much as five or ten years, or more, before I moved in. That would have given the cracks time to develop. 12. The cracks have remained in the wall for the entire time I have lived in this apartment and slowly grown to whayt appears in the photo. 13. The basement apartment at 148 Cortlandt Street and the wall which forms the rear of Apartment number 1 at 148 Cortlandt Street on the street level floor had also been constructed before I moved in. 14. I have no knowledge of the walls in 146 Cortlandt Street. yporhlA Josef Hegedus Swom-t« before me this 21stday of August, 1991 Notary Public cJHSF**]? ******* County Commission E**es November 27.1991 - .-.-.-«&e«4a£t» 3 - �Diagram (not to architectural specifications) As o f J a n u a r y , 1 9 9 1 Front (West) of 148 Cortlandt Street -- First Floor A p a r t m e n t # 1 W i n d o w s at f r o n t Door to hati nun Outer door MINI Apartment # 2 Windows a t f r o n t = Door to hall = = Stairs = = =up II II II II II II II II II Stairs down A p a r t m e n t Jt 3 Apartment # 4 Door = to hall = Door to fire escape 1 = Door to = hall Door to fire escape mi mi Fire Escape Steel fully conforming fire escape Rear (East) of 148 Cortlandt Street - First Floor � 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_1991-08-21 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