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                  <text>Appr/6"v&amp;d with respect to substance and form:
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Village Attorne
Dated:
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Approved by the Zoning Board

rman .orUActing Chairman
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Filed with Village Clerk

Clerk or Deputy Clerk

Dated: 3 fa I &lt;j&lt;t^

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Date of Meeting

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Zoning Board of Appeals
Regular Meeting
North Tarrytown, New York
January 15, 1992
A regular meeting of the Zoning Board of Appeals was held on
January 15, 1992 in Village Hall, 28 Beekman Avenue, North
Tarrytown, New York 10591.
PRESENT:

Jerome Fine, Chairman
George Fitzpatrick
Juan Pujadas
Costas Bournis
John Morabito
Frank Paolantonio
Mary Galgano

ALSO PRESENT: James T. Margotta, Building Inspector
Robert W. Spencer, Village Attorney
1.

In the matter of Barbara Nackman, 279 Farrington Avenue, North
Tarrytown, New York
This is a Public Hearing to hear and consider an
application by Barbara Nackman for a rear yard setback
variance to permit the construction of an addition to a
residence at 279 Farrington Avenue known and duly designated
on the Village Tax Assessment Map as Section 14, Block 3, Lot
IF.
Mrs. Nackman appeared before the Zoning Board and
presented the Clerk with Affidavits of Proof of Receipt of
Notices. The applicant stated that she is going to construct
an addition to her house, to make the kitchen larger. She
needs a variance from the 25-foot rear yard setback
requirement because the addition would be only 11 1/2 feet
from the property line. The garage is currently at 11 foot 6.
The addition would make the house even with the garage.
Mr. Margotta stated that Mrs. Nackman did receive a
similar variance sometime ago. The reason she is here is
because she let it expire; however, the previous board
approved the variance.

PUBLIC COMMBHT;
Mr. David Stiles stated that he owns property adjoining
the Nackmans' property and has seen the architectural designs.
He has no objection to the new proposed addition.
BUSINESS MEETING:
Mr. Morabito finds no reason to deny this application

�since it was previously approved and also because it will not
be closer than 11 1/2 feet to the property line and will be
even with the garage.
It was determined that the proposed action would be a
Type II action under the State Environmental Quality Review
Act and would have no adverse impact on the environment.
Mr. Morabito made a motion to approve the variance which
was seconded by Mr. Pudajas. Motion carried unanimously.
2.

In the matter of Antonio Rodrigues, 358 North Broadway, North
Tarrytown, New York
This is a Public Hearing to hear and consider an
application by Antonio Rodriques for use and area variances to
permit the operation of a facility for the manufacture and
assembly of kitchen cabinets at 358 North Broadway duly known
and designated on the Village tax assessment map as Section
17, Block 21, and Lots 32-37.
Mr. Robert Spencer, Village Attorney, excused himself
from the hearing because he represents the seller of the
property.
Mr. Steven L. Kroleski, Esq. appeared before the Zoning
Board and presented the Clerk with Affidavits of Proof of
Receipt of Notices.
Mr. Kroleski stated that the property is located in the
C-l Highway Commercial zone which does not permit the
operation of a facility of the type proposed by the applicant.
Furthermore, the applicant needs side yard and rear yard set
back variances.
Mr. Rodriques has been in North Tarrytown for seven
years, at a small location in an area that is mixed with
retail and residential. There have not been any complaints
concerning noise, environmental concern, parking or anything
else. He would like to do the same thing in a new location
with one exception, he wants to open a showroom which will not
cause a burden. In dealing with parking, Mr. Rodriques would
not have a great need for parking because most of his clients
are contractors and come to the facility by appointment only.

PUBLIC COMMENT;
Ms. Matheson questioned how would he expect to get a
variance for the rear if he only has 5 feet.
Mr. Fine stated that the existing structure would be the
same, the building would just be maintained. The building
does not conform to the Zoning Code of North Tarrytown. In
order to occupy this building he has to come before the Zoning

�Board for a variance.
Mr. Margotta stated that at this point in time there are
no plans for the building. It will just be occupied.
Trustee Nazemetz urged the Board to consider this request
because Mr. Rodriques is starting to make that area into a
retail area which would be a plus to the Village.
Mr. Morabito made a motion to close the Public Hearing
which was seconded by Mr. Fitzpatrick.
Motion • carried
unanimously.
BUSINESS MEETING;
The Board discussed the parking conditions and certain
lot lines on the map of the proposed facility. These lines
need to be explained. The architect stated that he would make
the lines on the map more clear to the Board.
This map was sent to the County because Route 9 is a
State road. The map was also sent to the D.O.T. This is
mandatory. Before next month's meeting, changes will be made
on the map which will be discussed at the next meeting.
Changes should also be made so they also conform with the
requirements of Westchester County. At the next meeting an
attorney representing the Village will be present.
The Board agreed unanimously to put this matter onto next
month's agenda.
3.

In the matter of Laurentino Rodrigues, 91 Cortlandt Street,
North Tarrvtown, New York
This is a Public Hearing to hear and consider an
application by Laurentino Rodiques for the operation of a
restaurant at 91 Cortlandt Street, duly and designated on the
Tax Assessment Map as Section 16, Block 4, Lot 25.
Mr. Rodriques appeared before the Zoning Board and
presented the Clerk with Affidavits of Proof of Receipt of
Notices.
Mr. Rodriques stated that he would like to open a
Chicken-Fry restaurant in North Tarrytown and would like the
Board to consider his application.

PUBLIC COMMENT;
A motion was made by Mr. Paolantonio to close the Public
Hearing, which was seconded by Mr. Morabito.
Carried
unanimously.

�BUSINESS MEETING;
Mr. Fine stated that this type of variance has been
considered in the past. The Village is concerned about the
situation and the fact that there are too many food
establishments. It looks like it would be nice installation
and it is unique.
Mr. Morabito stated that Mr. Rodriques has done a great
deal with the Village and feels that there is nothing wrong
with a Chicken-Fry restaurant.
Mrs. Galgano stated that there may not be a demand for
parking because people would be in walking distance. There is
a concern about the odor that may exist.
Mr. Fine is also concerned with the odor and also how the
packaging would take place, so it doesn't become a sanitary
problem.
Mr. Margotta stated that the Village could put more
litter baskets up and down the block where the restaurant is
located.
As far as the odor is concerned the health
department will have regulations for the exhaust systems. The
problem of odor will probably still exist. Mr. Rodriques
stated that he would provide whatever is necessary.
It was determined that the proposed action would be an
unlisted action under the State Environmental Quality Review
Act, and that there would be no significant adverse impact on
the environment.
Mr. Morabito made a motion to grant the variance for
parking and the restaurant, which was seconded by Mrs.
Galgano. Motion carried unanimously.
EXECUTIVE SESSION;
The minutes of the Special Meeting of December 5, 1991
were approved, as amended by Mrs. Galgano.
Mr. Morabito made a motion to approve the minutes, which
was seconded by Mr. Fitzpatrick. Motion carried unanimously.
The minutes of the regular meeting December 18, 1991 were
approved with a motion being made by Mr. Morabito and seconded
by Mr. Pujadas, as amended by Mr. Paolantonio. Motion carried
unanimously.
Mr. Fine received a written letter from Westchester
County concerning an extension.
The Zoning Board discussed the parking situation with
Smith Memorial, Inc. The minutes of the regular meeting dated

�November 20, 1991 are to be reviewed.
A motion was made by Mr. Morabito to adjourn the meeting
which was seconded by Mr. Paolantonio.
Motion carried
unanimously.
The meeting was adjourned at 9:30 PM.
Respectfully submitted,

Christine A. Yurkovic
Recording Secretary

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