https://sleepyhollow.localarchives.org/files/original/99023088df21f5d4e5605adaca32072c.pdf 92826591cf75e0d7c55f6bb8af4fc137 PDF Text Text bstance and form: Appro^e^ by the Zoning Board Chairmafn or ActJffrCr Chairman Dated: ifjigfo. Filed with Village Clerk .Clerk or Deputy Clerk Dated: Y//C/?L. M<ir^U 11 Date of Meeting / 1192- �» Zoning Board of Appeals Village of North Tarrytown Regular Meeting March 19, 1992 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 Frank Paolontonio Mary Galgano George Fitzpatrick Juan Pujdas Also Present: James Margotta, Building Inspector Robert Spencer, Village Attorney Chairman Fine called the meeting to order at 8 P.M. 1. Louis Falasca, 162 Millard Avenue-Construction of a Garage. The Clerk read the public notice to hear and consider an application by Louis Falasca for a variance to permit the construction of a garage within seven (7) feet of the rear property line on premises at 162 Millard Avenue, North Tarrytown (Section 14, Block 17, Lot 2 on the tax assessment map of the Village of North Tarrytown). Chairman Fine asked if there was anyone present who would like to address the Board. Mr. Falasca presented Affidavit of Service to the Clerk. Mr. Falasca stated that he was advised by the Building Inspector that the Code requires a twenty-five foot rear yard setback and he was requesting a variance to allow him to construct a garage seven feet from the rear property line. Mr. Benjamin Hunter, neighbor to the rear of the Falasca property, stated he objected to the granting of the variance as he felt it would be too close to his rear yard, and the garage would be too big and imposing. There were comments by other neighbors opposing the granting the variance. There being no further comments, Mr. Morabito moved, seconded by Mr. Paolontonio, that the public hearing be closed. Unanimously =i.Vi-ti *-jt^si'f^ir---~^.-^^*S< gz^s.i*. :=-i.«i* -_ .^--^^—iL^-a^^t*^ �carried. BUSINESS MEETING Mr. Fine stated that the code is somewhat delinquent regarding rear yards and accessory buildings. Mr. Morabito felt the matter Building Inspector. should be referred to the Mr. Margotta stated he has reviewed the matter many times. He stated that the Schedule of Regulations under the Zoning Code can be interpreted as requiring a 25 foot rear yard setback for all buildings in residential zones. He felt the Zoning Board should make the decision or send the matter back to the Board of Trustees for review. Mr. Paolontonio stated he had inspected various accessory buildings in Phil ipse Manor and 90% of them are very close to the rear property line, and felt that the Board should grant permission to build the garage. A discussion followed regarding the interpretation of the code regarding rear yard setbacks. The Board determined that the proposed action is a type II action under SEQRA and will have minimal adverse impact on the environment. Mrs. Galgano moved, seconded by Mr. Morabito, that a variance be granted to permit the construction of a garage within seven (7) feet of the rear property line on premises at 162 Millard Avenue, North Tarrytown, N.Y. Unanimously carried. 2. Mary Fisher, 78 Beekman Avenue, Reconstruction of a fourfamilv residential/commercial building. The Clerk read the public notice to hear and consider an application by Mary Fisher for variances to permit the reconstruction of a four-family residential/commercial building at 78 Beekman Avenue, North Tarrytown (Section 16, Block 6, Lot 12 on the tax assessment map of the Village of North Tarrytown) which will require the following variances: 1. the lot contains only 3,125 square feet (6,500 square feet if required); 2. the lot is only 25 feet wide (50 feet is required); 3. the proposed building will cover 48% of the lot (a 2 �maximum coverage of 30% is permitted); 4. the front yard is only 0.4 feet (20 feet is required); 5. there are no side yards (5 feet on one side and 15 feet for both sides is required); 6. there are no parking spaces (6 parking spaces are required for the residential portion of the building and 5 spaces are required for the commercial portion of the building); and 7. the commercial portion of the building will contain a food establishment which will be located within 200 feet of another existing food establishment. The applicant also seeks a certificate of occupancy for the premises as a four-family residential/commercial building. Mr. John Hughes, representing Mary Fisher, presented Affidavit of Service to the Clerk. Mr. Hughes stated that the applicant is an elderly person who has owned the property for many years. She conducted a restaurant on the premises for many years before the building was damaged by fire more than one year prior to her application for a variance. It is her wish to rebuild and reopen the restaurant. It is impossible to rebuild the building without the requested variances. He stated that all the neighboring buildings are non-conforming, and the building as it stands is an eyesore. Armando Galella, Depeyster Street, stated that the Board should show compassion for the woman who has been in business for approximately forty-five years. There being no further comments, Mr. Boumis moved, seconded by Mr. Morabito, that the public hearing be closed. Unanimously carried. BUSINESS MEETING A discussion followed regarding the variances requested. Mr. Spencer informed the Board they had the power to waive various provisions of the code by granting appropriate variances. The Board determined that the proposed action is a type II action under SEQRA and will have minimal adverse impact on the environment. John Hughes suggested that action on item 7 of the requested variances be deferred at this time, and that action on the request for a Certificate of Occupancy as a four-family residence be ---;-. ,_-•&-„+» r-^-irfii ^ f c ^ a i i ^ i ^ i i j j y i S a f c ^ i ^ fe-s �deferred at this time . Mr. Morabito moved, seconded by Mr. Boumis, that items 1 to 6 be approved as requested and that approval of item 7 and the certificate of occupancy be deferred. Unanimously carried. Mr. Morabito moved, seconded by Mr. Boumis, that the reconstruction of the building be no higher than prior to the fire. Unanimously carried. 3. Armando Galella, 47 Depeyster Street-Certificate of Occupancy as a three-family residence. The Clerk read the public notice to hear and consider an application by Michael Galella for a certificate of occupancy for the premises at 47 Depeyster Street, North Tarrytown (Section 16, Block 12, Lot 5) as a three-family residence. Mr. Galella stated he had purchased the property in 1986, which was a two-family residence with a partially completed apartment in the attic. Since 1986, he has renovated the attic and the two apartments. He is in the process of refinancing his mortgage and needs a certificate of occupancy stating the premises is a legal three-family residence. There being no further comments, Mr. Morabito moved, seconded by Mr. Paolontonio, that the public hearing be closed. Unanimously carried. BUSINESS MEETING Mr. Paolontonio stated he had inspected the property and found there was ample parking for a three-family residence. Mr. Margotta stated he had conferred with Mr. Galella who will . install another stairway to the attic and will conform to the village codes. Mr. Galella stated that the residence is assessed as a threefamily residence on the village tax rolls. The Board determined that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. Mr. Paolontonio moved, seconded by Mr. Morabito, that the village records for the premises be changed from a two-family residence to a three-family residence. Unanimously carried. MINUTES 4 �Mr. Boumis moved, seconded by Mrs. Galgano that the minutes of the meeting held on February 19th, 1992 be accepted as presented, with minor corrections. Unanimously carried. EXECUTIVE SESSION TRIANA PROPERTY-Beekman Avenue A discussion followed regarding the violations and the Building Inspector was instructed to write a letter to the property owner, directing them to vacate the illegal apartment. There being no further business to come before the meeting, Mr. Boumis moved, seconded by Mrs. Galgano, that the same be duly adjourned. Unanimously carried. Respectfully submitted, Irene Amato, Acting Clerk 5 � 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-1992 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_1992-03-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-1992 Date A point or period of time associated with an event in the lifecycle of the resource 1992 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