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Village Attorney
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Approved by the Zoning Board

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Date of Meeting

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�Zoning Board of Appeals
Regular Meeting
North Tarrytown, New York
October 16, 1991
The North Tarrytown Zoning Board of Appeals held a meeting on
the above date at Village Hall in North Tarrytown, New York.
PRESENT:

Jerome Fine, Chairman
George Fitzpatrick
John Morabito
Mary Galgano
Frank Paolantonio
Juan Pujadas
James Margotta, Building Inspector
Robert W. Spencer, Village Attorney

Chairman Fine called the meeting to order at 8:05 P.M.
1.

Informal Hearing-Zoning Clarification-Smith Memorials
418 North Broadway

Chairman Fine asked William Smith Memorials to give the clerk
proofs of mailing of notices to all required parties, which was
done.
Samuel Weiner, Esq. spoke on behalf of William Smith
Memorials.
The property, a two story building, is used as a
business on the first floor, and as a residence on the second
floor.
There is a parking lot on the easterly portion of the
property which is used by the business, the occupants of the
apartments, visitors and neighbors.
Tonight's hearing is required because of a violation served by
Mr. Margotta due to cars of visitors and neighbors being parked at
418 North Broadway.
The case was brought to Village court,
whereupon the matter was sent to the Zoning Board for clarification
due to the non-conforming use of the property. Such parking had
been in use prior to the adoption of the Zoning Code in 1964, and
has been used continuously since that date, said Mr. Weiner.
An affidavit of Mr. William Smith was read by Mr. Weiner, in
which Mr. Smith swore that since purchasing the property in 1933 he
had permitted open parking for customers, residents, visitors and
neighbors. This affidavit was given to the clerk.
Mr. Weiner mentioned a meeting held by the Zoning Board in
December, 1984, in which the Board determined that businesses
associated with the monument business could continue to use the
residential portion of the parcel (which includes the parking lot)
as a non-conforming use.

�Chairman Fine thanked Mr. Weiner for his presentation.
asked if there were any comments from the public.

He

Mrs. Damin, 14 Dell Street, said the applicant had allowed
neighbors to park in the parking lot for years, and was still
allowing neighbors to park in the lot at this time.
Mr. Minozzi addressed the Board. He and his brothers bought
the Smith Memorial business in 1974.
He confirmed that the
applicant allowed neighbors to park in the lot.
John Morabito made a motion to close the public hearing.
motion was seconded and carried unanimously.

The

Business Meeting
Chairman Fine said no action would be taken tonight, as
matters are still at a discussion stage to give an interpretation.
Chairman Fine said it seems the applicant's parking is a preexisting non-conforming use. Mr. Paolantonio said it should be
seen as a non-conforming use of residential property as a
commercial area.
2.

Public Hearing-Pilar Quinoy, 44 Depeyster- Construction
of storage shed

The Clerk read the notice of tonight's public hearing to all
present. Chairman Fine asked if notifications had been sent. A
list of 33 names and notices was given to the clerk.
Mr. Quinoy explained the family wished to replace their
damaged storage shed. A building permit was filed. A neighbor had
complained.
Mr. Margotta had advised them of the need for a
variance.
Chairman Fine asked if anyone present wished to address the
Board. No one responded. Mr. Morabito made a motion to close the
public hearing, which was seconded and carried unanimously.
Business Meeting
Chairman Fine explained that Mr. Margotta had used the 25 ft.
setback required for residences.
He asked Mr. Quinoy that a reasonable distance from the rear
line of six feet be used, to which Mr. Quinoy agreed.
It was noted that there is a need for a ruling on setback
requirements for all accessory buildings. The Zoning Board would
recommend a six-foot setback to the Village Board.
However,
different zones might require different setback distances, said Mr.
Paolantonio.

�Mr. Pujadas said a standard is needed for all cases. It was
noted that in Tarrytown different zones have different setback
distances.
A motion to approve placing the Quinoy's accessory building
six feet from the rear line was made by Mr. Morabito, seconded, and
carried unanimously.
3.

Hearing-Wilma Batchelder, 215 Farrington Avenue,
two-car garage

The applicant filed proof of mailing of notices with the
Clerk. Chairman Fine asked if anyone present wished to address the
Board. Larry Sterino spoke on behalf of Mrs. Batchelder for the
reconstruction of her garage with an 11 foot setback from the rear
line. He said her original garage had an 11 foot setback, but she
was advised by the Building Inspector that a 25-foot setback was
required. He also commented that the sprinkler system requirement
was of concern.
Chairman Fine asked if anyone else wished to address the
Board. Mr. Fitzpatrick then made a motion to close the hearing,
which was seconded and carried unanimously.
Business Meeting
Chairman Fine explained that this request for a variance was
not for a residence, thus the 25 foot setback was not required.
A motion to accept the application was made
Paolantonio, seconded, and carried by a unanimous vote.

by

Mr.

Chairman Fine spoke of upcoming matters that would be of
interest to the Board and its members.
Chairman Fine said he had spoken to the Mayor regarding garage
rear lots.
Chairman Fine suggested a public hearing after the
Board of Trustees has a work session.
Chairman Fine asked if there were any comments on the minutes.
Mr. Morabito made a motion to accept the minutes of the last
meeting as received. The vote was unanimous.
There being no further business, Chairman Fine adjourned the
meeting at 9:20 P.M.
Respectfully submitted,
Linda T. Fukuchi
Clerk

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