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ed with respect to substance and .fo^rm:
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Village Atto
Dated:
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Approved by the Zoning Board

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Ctya^Lrman or • Acting Chairman

Filed with Village Clerk

Clerk or Deputy Clerk

Dated: J ^ r ^ Y ^

Date of Meeting

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�Zoning Board of Appeals
Regular Meeting
North Tarrytown, New York
December 18th, 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 Bournis
John Morabito
Frank Paolontonio
Mary Galgano
Juan Pujdas
George Fitzpatrick

ALSO PRESENT: James Margotta, Building Inspector
Robert Spencer, Village Attorney
Chairman Fine called the meeting to order at 8:00 P.M.
E.J. Manca-16 Hudson Terrace-Conversion from one family to
two family.
The Clerk read the public notice to hear and consider an
application by E.J. Manca for a variance to permit the
conversion of premises know as 16 Hudson Terrace, North
Tarrytown, New York (Section 17, Block 13, Lots 4G &amp; 4V) from
a one family residence to a two family residence.
Chairman Fine asked if there was anyone present who would
like to address the Board.
Ron Turnquist, Architect representing the Manca Family,
presented affidavit of service to the Clerk. He outlined the
plans of the conversion and presented drawings to the Board.
He stated that the family would like to construct a bedroom
and bath on the first floor of the dwelling for a handicapped
relative. They would then create a second apartment which
would relieve the burden of the taxes and maintenance of the
house. He stated that most of the houses in the neighborhood
are two or more families.
There being no further comments Mr. Paolontonio moved,
seconded by Mr. Bournis that the hearing be closed. Carried
unanimously.
Business Meeting
A discussion followed regarding the staircase, tandem
parking and landscaping.

�Mr. Morabito moved, seconded by Mr. Fitzpatrick, that the
application for variance be granted as requested.
Mr. Fine polled the Board as follows:
Mr. Boumis
Mr. Morabito
Mr. PaolontonioMrs. Galgano
Mr. Pujadas
Mr. Fitzpatrick-

Abstain
Yes
Abstain
Yes
Abstain
Yes

Mr. Fine declared the motion carried.
John J. Minardi, 89 New Broadway-Permit the construction of
an addition to the residence.
The Clerk read the notice to hear and consider an
application by John J. Minardi for a variance to permit the
construction of an addition to the residence on premises known
as 89 New Broadway, North Tarrytown, New York, (Section 17,
Block 18, Lots 31 and 32) on a lot containing 3,840 square
feet (4,000 square feet is required).
Both side yards
together are 11.03 feet. Regulations, Part I requires both
side yards to be 12'.
Chairman Fine asked if there was anyone present who would
like to address the Board.
Ron Turnquist, Architect representing the Minardi family,
presented affidavit of service to the clerk. He presented
plans for the proposed addition which would create an
additional bedroom for a young family. The plans also include
a dining room and a deck which would face the west.
There being no further comments Mr. Morabito moved,
seconded by Mr. Boumis that the hearing be closed. Carried
with Frank Paolontonio abstain.
Business Meeting
Mrs. Galgano asked if the dwelling was a two or three
family dwelling. Mr. Turnquist stated it was now a two family
dwelling. There are rooms in the basement level, which were
erected in a previous addition.
Mr. Paolontonio stated that previous Zoning Board members
had inspected the premises and found another apartment in the
basement area. He stated the premises were non-conforming
when permit was granted for the first addition.
There being no further comments Mr. Boumis moved,
seconded by Mr. Morabito, that the variance be granted as
requested. The Board voted as follows:

�Mr. Boumis
Mr. Morabito
Mr. Paolontonio
Mrs. Galgano
Mr. Pujadas
Mr. Fitzpatrick

-

Yes
Yes
Abstain
Yes
Yes
Yes

Mr. Fine declared the motion carried.
Cassilda Requijo-278 North Washington Street-Variance from
sideyard requirements
The Clerk read the public notice to hear and consider an
application by Cassilda Requijo for a variance from the
sideyard requirements of Section 62-8(b) of the Zoning Code,
where a minimum 5 foot sideyard is required. The premises
known as 278 North Washington Street (Section 15, Block 13,
Lot 7), North Tarrytown, New York are situated 2.5 feet from
the northerly property line.
Chairman Fine asked if there was anyone present who would
like to address the Board.
John Hughes, Jr., representing the applicant, presented
affidavit of service to the clerk. He stated he appeared
before the Board some time ago and it was the purpose of that
application to establish the property as a non-conforming
three family property. He stated there was a fourth apartment
in the basement of the premises. His client has examined the
code regarding the use and we have decided to apply for an
area variance to make the fourth apartment legal. The Code
allows more than four families on this particular lot. The
only variance needed is 2.5 foot sideyard. The building is
situated 2.5. feet from the northerly sideyard and the code
requires 5 feet.
Mr. Fine questioned the purpose of the request of the
applicant.
Mr. Hughes stated they wanted to legalize the fourth
apartment. He stated that the origin of the fourth apartment
is unknown. Because of the location of the building on the
lot, an area variance is requested.
Mr. Margotta stated that the apartments will be brought
up to the Multi-Residence Code which predated the New York
State Building Code. He has met with the architect who will
be working on the project.
There being '• no further comments, Mr. Paolontonio moved,
seconded by Mr. Morabito, that the hearing be closed. Carried
unanimously.
Business Meeting

�A discussion followed regarding the fourth apartment.
Mr. Paolantonio moved, seconded by Mr. Morabito, that an
area variance be granted from the sideyard requirement of
Section 62-8(b) of the Zoning Code, where a minimum 5 foot
sideyard is required.
A sideyard of 2.5 feet from the
northerly property would be allowed. Carried unanimously.
Hudson Canyon Construction Co-281 North Broadway-Set Back,
and Variances and apartments
The Clerk read the public notice to hear and consider an
application by Hudson Canyon Construction Co. for the
following variances for the premises known as 281 North
Broadway, North Tarrytown, New York (Section 15, Block 14, Lot
16): use of portions of the building for residential
apartments or office space in a C-l Highway commercial zone
(permitted uses in a C-l zone do not include residential
apartments or office space); use of a driveway approximately
7 feet 6 inches in width (a minimum width of 10 feet is
required) ; no front yard setback (20 feet is required) ; use of
a loading area of 295 square feet (a loading area of 350
square feet with a minimum width of 10 feet is required) ; and
use of the loading area jointly for office and garage
occupancy.
Mr. Fine asked if there was anyone present who would like
to address the Board.
Mr. Dennis Fitzgerald, Attorney for Hudson Canyon, stated
the premises were vacant. The second floor of the building
had two apartments and the first floor had offices and a
storage garage. A number of variances would be needed. It
was the intention of Mr. Muldoon to make renovations and clean
up the area and make it a useful building. He has driveway
access to enable him access to his property behind the
building, although the driveway is less than ten (10) feet in
width.
Mr. Donald Caetano, Lawrence Avenue, stated that
consideration should be shown to the applicant as it would
clean up the area.
There being no further comments, Mr. Morabito moved,
seconded by Mr. Boumis, that the hearing be closed. Carried
unanimously.
Business Meeting
A discussion followed regarding the granting of
variances, the number of offices, walkways, ingress and egress
for the apartments, the size of the storage garage, lighting
and planting.

�It was stated that fifteen parking spaces will be added
in the rear of the building and the cosmetics of the building
will be improved, the large garage doors in the front of the
building will be removed and there will be an entrance at the
rear of the building.
Thereupon, Mr. Morabito moved, seconded by Mr.
Paolontonio, that a use variance be granted to permit the two
apartments, which were pre-existing, and to allow office space
on the first floor of the building as requested in the
application, and the various other variances requested be
granted.
It was also stipulated that the garage doors be
removed as submitted in the application.
Mr. Fine polled the Board as follows:
Mr. Boumis
Mr. Morabito
Mr. PaolontonioMrs. Galgano
Mr. Pujadas
Mr. Fitzpatrick-

Yes
Yes
Yes
Yes
Abstain
Yes

Mr. Fine declared the motion carried.
Nicholas Lester-147 Depeyster Street-Request for variances
The Clerk read the public notice to hear and consider an
application by Nicholas Lester for a variance for a front yard
setback of 11.82 feet (20.0 feet is required), sideyard
setback of no more than 0.20 feet (5.0 feet is required) , a
garage and shed with no rear yard setback (25 feet is
required) and the height of a fence on a side yard of 6.0 feet
(5.0 feet is the allowable maximum height) in connection with
the construction of an addition to the residence on premises
known as 147 Depeyster Street, North Tarrytown, New York
(Section 16, Block 5, Lot 28).
Property coverage is 48%.
coverage is required.

A maximum of 30% property

Mr. Fine asked if there was anyone present who would like
to address the Board.
Mr. Lester presented affidavit of service to the Clerk.
He stated that the fence had been erected by him but the other
violations were prior to his owning the property. He would
like to enlarge the first floor apartment and the apartment on
the second floor. The building would remain a three family
residence.
Mr. Charles Zekus, Depeyster Street, stated he was
against the granting of the variance and stated Mr. Lester had
constructed the fence without a permit and followed the

�previous fence line. He also stated that the lot is covered
more than is allowed.
After a discussion. Mr. Fitzpatrick moved, seconded by
Mr. Morabito, that the hearing be closed.
Carried
unanimously.
Business Meeting
It was stated that Mr. Lester has three garages and would
be adding three parking spaces.
The front and sideyard
violations are pre-existing.
Mr. Paolantonio stated he was familiar with the property
as he lives in the neighborhood and had parked his car on the
property. He stated that additions were made in 1978 and 1983
without variances being requested.
It was stated that permits were granted for the work in
1978 and 1983 but no variances were requested by the previous
owner.
Discussion followed regarding the various additions and
the changes from a one family to a three family residence.
Mr. Boumis moved, seconded by Mr. Paolontonio, that the
variances be denied as the property was 48% covered, and that
Mr. Lester be required to cut the six foot fence down to a
five foot fence as called for in the code. Mr. Lester was to
be allowed ninety days to conform to the fence code. Carried
unanimously.
Minutes
Mr. Morabito moved, seconded by Mr. Boumis, that the
minutes of October 16th, be approved with minor changes.
Mr. Pujadas stated that Page 4 of the minutes should read
as follows:
"Third Paragraph- in a specific area, consideration
should be given to the setback of the
existing accessory
n
buildings in the area for conformity.
Mr. Morabito moved, seconded by Mr. Boumis, that the
minutes of the meeting held on November 20th be approved as
submitted. Carried unanimously.
Mr. Boumis moved, seconded by Mr. Morabito, that the
minutes of the meeting held on December 5th be reviewed by the
Attorney and submitted for approval at the January meeting.
Carried unanimously.

�Mr. Fine stated that the Board of Trustees after a public
hearing regarding the "garage setback" had turned down the
request of the Zoning Board. He stated the Zoning Board
should make another recommendation to the Board of Trustees
regarding the setback.
There being no further business to come before the Board,
Mr. Morabito moved, seconded by Mr. Boumis, that the same be
duly adjourned. Carried unanimously.
Executive Session
Mr. Spencer reported on the status of the Triana Case
which was before the court on appeal by Triana.
Respectfully submitted,

Irene Amato
Acting Clerk

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