https://sleepyhollow.localarchives.org/files/original/45b43fb35e190c90dd174849b6e9d09a.pdf 76748da454cab8fee342e16c5babbda1 PDF Text Text Approved with respect to substance and form: tyfl lu, Village Attor Dated: ' / ^ / / £ /9 > ^ - Approved by the Zoning Board Cft&lrman ,or Acting Chairman ited: 3//t/f Filed with Village Clerk Q. e-leik ui Deputy Clerk Dated: jfa/1 te of of Meeting Meetina Date �» Zoning Board of Appeals Regular Meeting North Tarrytown, New York November 20, 1991 A regular meeting of the Zoning Board of Appeals was held on the above date in the Village Hall, North Tarrytown, New York. PRESENT: Jerome Fine, Chairman Costas Boumis John Morabito Mary Galgano George Fitzpatrick ABSENT: Juan Pujadas Frank Paolantonio ALSO PRESENT: 1. Robert W. Spencer, Village Attorney James Margotta, Building Inspector Public Hearing-Marcello Viscogliosi, 178 North Washington St. Certificate of Occupancy for four-family residence. The Clerk read the public notice to hear and application by Marcello Viscogliosi for a Certificate for premises known as 178 North Washington Street, Block 15, Lot 8A, North Tarrytown, New York as a residence. consider an of Occupancy Section 16, four-family Chairman Fine asked if there was anyone present who would like to address the Board. John J. Hughes, Jr., representing the Viscogliosi family, stated that the property has been used as a four-family residence since before 1941. He presented affidavit of Armando Galella and Mary Petcoff, owners of adjacent properties for over forty years, in which they stated that the property has been a four-family residence for more than forty (40) years. Mr. Hughes stated that prior to that date, the building had been used as a dormitory for the Highland Manor School for Girls. He stated there were two separate houses on the one lot: one four-family and a one-family residence. Mario Belanich, North Washington Street, stated that the other house was a two-family residence arid has been for many years, and the village records should be corrected. Mr. Fine stated that this is not the subject before the Board, and if the property were to be sub-divided the matter would come before the Board at that time. There being no further comments, Mr. Morabito moved, seconded �by Mr. Boumis, that the hearing be closed. Carried unanimously. Business Meeting: After a discussion Mr. Morabito moved, seconded by Mr. Boumis, that the premises be approved as a four-family residence and that the Village records be corrected to reflect the same. Carried unanimously. 2. Public Hearing-William Smith Memorials, 418 North Broadway, Determination for non-conforming use. The Clerk read the public notice to hear and consider an application by William Smith Memorials, Inc. for a determination that the use of the premises known as 418 North Broadway, Section 17, Block 1, Lot 8, North Tarrytown, New York for commercial and residential purposes and for parking associated with the commercial and residential use of the premises is a non-conforming use. Chairman Fine asked if there was anyone present who would like to address the Board. Mr. Samuel Weiner, Attorney for the applicant stated that the building was built in 1850 as a two story structure, the first floor containing a commercial business and the second floor was a residence. The adjoining properties have always been used as parking areas for the building and the neighbors. He asked that the Board render a decision that the property is non-conforming and that parking be allowed. The matter had been before the Village Court, which referred the matter to the Zoning Board. Mr. Margotta stated that the applicant does not charge rental for the parking of cars by the neighbors. Pat Damin, 14 Dell Street, stated she has been parking there for twenty-six years as the street is very congested. Mr. Smith and Mr. Minozzi have allowed the neighbors to park there free of charge. One of the neighbors has been complaining regarding the parking of cars on the lot, but the other neighbors do not object. There being no further comments, Mr. Morabito moved, seconded by Mr. Fitzapatrick, that the hearing be closed. Carried unanimously. Business Meeting: Mr. Boumis inquired why was the neighbor upset about the parking when it eased the congestion. Ms. Damin stated he complained about the gas station across the street, the Pocantico River, the parking and Mr. Minozzi's business. �> After a discussion, Mr. Boumis moved, seconded by Mrs. Galgano, that the use of the portion of the premises which is used as a parking lot for customers of the monument business, residents of the apartments in the building, visitors and neighbors (notwithstanding the fact that such lot is zoned residential) be continued as a non-conforming use, subject to the provisions of the Zoning Code which deal with non-conforming uses. Parking must be without charge and is to be available only to persons authorized by the owner of the premises. Carried unanimously. 3. Public Hearing-Elizabeth Akin, Evergreen Way, Lakeview Avenue and Hemlock Drive, Re: Area Variance & Lot size. The Clerk read the public Notice to hear and consider an appeal by Elizabeth Akin from a decision of the Building Inspector in denying designation of a buildable lot to Lot 1, Section 11, Block IN on the tax assessment maps of the Village of North Tarrytown; said lot being located on the southeasterly side of Evergreen Way between Hemlock Drive and Lakeview Avenue. Such appeal is requesting the grant of an area variance to the applicant for said lot. Said lot consists of approximately 13,569 square feet in a zoning district where 15,000 square feet is required. Chairman Fine asked if there was anyone present who would like to address the Board. Mr. Sam Watkins, representing the Akin family, presented Affidavit of Service to the Clerk. Chairman Fine stated that the Board had received letters dated October 25th, 1991 and November 18th, 1991 from the Sleepy Hollow Manor Taxpayers Association and the new members of the Board were not familiar with the appeal and would like to postpone the matter to the December meeting. Mr. Watkins stated that he had appeared before the Board on five separate occasions during the past year, requesting an area variance. At the meeting in December, 1990 an area variance was granted by the Board, subject to the Akin family applying to the Planning Board for a sub-division of lot 1 and lot 8. He stated that the sub-division was granted last month by the Planning Board. It is the intent of the applicant to allow lot 1 to be considered a buildable lot, by obtaining an area variance. It is approximately 9.5% too small. We have submitted various surveys and drawings as requested by both Boards. The Sleepy Hollow Manor Taxpayers Association filed an Article 78 petition opposing the decision of the Board. The Court denied the grant of the variance, stating the Zoning Board did not have jurisdiction because the applicant requested an interpretation, not an area variance. The applicant is now asking for an area variance. After a discussion, Chairman Fine asked that the members of the Board review all the documents on file with the Village regarding the matter. �/ Thereupon Mr. Morabito moved, seconded by Mr. Boumis, to postpone the matter to a meeting to be held on December 5th, 1991. Carried unanimously. 4. Public Hearing-Union State Bank-15 Chestnut Street-Variance to permit overhang on mansard roof. The Clerk read the public notice to hear and consider an application by Union State Bank for a variance to permit an overhang on a mansard roof on premises known as 15 Chestnut Street, North Tarrytown, New York (Section 16, Block 7, Lot 27) to project within 2.0 feet of the property line (5.0 feet is required for a side yard setback). Chairman Fine asked if there was anyone present who would like to address the Board. Ms. Maxine Howard, representing Union State Bank, presented an Appeal and Petition for Variance under the Zoning Ordinance. She stated that all permits were applied for, the building was planned and the foundations were laid exactly as shown on the survey. However after hearings before the ARB it was determined that a mansard roof with a slight overhand should be added. The developer complied with the request of the ARB and as a result there is a slight overhang, which according to the survey, ends 3.2' from the property line. The developer has complied with the wishes of the Zoning Board, Planning Board and the Architectural Review Board and respectfully requests a variance. The issuance of the variance would permit the Building Inspector to issue a Certificate of Occupancy. (Copy of Appeal and Petition in Official Minutes). There being no further comments, Mr. Boumis moved, seconded by Mr. Morabito, that the hearing be closed. Carried unanimously. Business Meeting; Mr. Morabito stated that the footprint of the building is taken from the foundation, not the roof. Mr. Charles Zekus, a resident, stated that the two projects located on Chestnut Street and the other on Pocantico Street were poorly designed and the Village boards should not allow buildings to be built with the front facing the sideyard. Mr. Fitzpatrick stated that the developer had abided by the law and should not be penalized. Mrs. Galgano stated that in the future the ARB should notify the Zoning Board of their decisions. Thereupon, Mr. Fitzpatrick moved, seconded by Mr. Morabito, that a variance be granted to permit an overhang on the mansard roof on premises known as 15 Chestnut Street to project within 2.0 �' > • feet of the property line instead of 5.0 feet as required for a side yard set back. Carried unanimously. 5. Public Hearing-N. Lester, 147 Depeyster Street, Variance for an addition. Mr. Lester presented Affidavit of Service to the Clerk. Upon examination it was determined that the notices had been mailed on November 12th, 1991. Chairman Fine informed Mr. Lester that the notices have to be sent out at least ten days prior or not more than fifteen days prior to the hearing. Mr. Spencer informed Mr. Lester that new notices will have to be prepared for the December 18th meeting, and he may hand deliver the letters in order to be spared the expense of re-mailing. 6. Public Hearing-E. J. Manca, 16 Hudson Terrace, Variance to permit conversion of premises from one family to two family. Mr. Margotta stated that the notices had not been sent out in time and, therefore, there will be no public hearing on the matter. 7. Public Notice-John J. Minardi, 89 New Broadway, Addition to premises, variances requested due to lot size. Mr. Margotta stated that incorrect notices had been sent out by Mr. Minardi; therefore, there will be no public hearing on the matter. Minutes The November minutes had not been received by the Board; therefore, approval will be made at the next meeting. Mr. Fine stated he had appeared before the Board of Trustees at their last meeting and a discussion was had regarding changes in the Zoning Ordinance on Garage Setbacks. A discussion was had among the Board members regarding garage setbacks. There being no further business to come before the Board Mr. Morabito moved, seconded by Mr. Fitzpatrick, that the same be duly adjourned. Carried unanimously. Respectfully submitted, Irene Amato Acting Clerk = -- ?•'•• >'-" - . ^ i a V ^ > . W s r l ^ c ^ 3 - « ^ i ^ ^ ^ � 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_1991-11-20 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