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                  <text>ApproVeck with respect to substance and form:

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Village Atto
Dated:

Approved by the Zoning Board

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Filed with Village Clerk

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Clark o r Deputy Clerk
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APRIL 15, 1992
Date of Meeting

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�Zoning Board of Appeals
Regular Meeting
North Tarrytown, New York
April 15, 1992
A regular meeting was held by the Zoning Board of Appeals at 8:00
PM on April 15, 1992 in Village Hall, 28 Beekman Avenue, North
Tarrytown, New York 10591
Present:

Costas Bounds
Frank Paolantonio
John Morabito
George Fitzpatrick
Mary Galgano
Michael Masias

Also Present:
Absent:

James T. Margotta, Building Inspector
Robert J. Ponzini, Village Attorney

Juan Pujdas

Mr. Ponzini called an organizational meeting to order stating that
the Zoning Board of Appeals will nominate and vote for a chairman
and vice-chairman.
Mr. Paolantonio made a motion to have Mr. Fitzpatrick hold the
position of chairman, seconded by Mrs. Galgano. The Board voted
unanimously to elect Mr. Fitzpatrick as Chairman.
Mr. Morabito made a motion to have Mr. Paolantonio hold the
position of vice-chairman, seconded by Mrs. Galgano. The Board
voted unanimously to elect Mr. Paolantonio as Vice-chairman.
IN THE MATTER OF JOSE RODRIQUES, 21 KENDALL AVENUE, NORTH
TARRYTOWN. NEW YORK.
A public hearing was held to hear and consider an application by
Jose Rodriques for a variance to permit the conversion of a onefamily residence at 21 Kendall Avenue (Section 15, Block 10, Lot 20
on the tax assessment map of the Village of North Tarrytown) to a
two-family residence.
Ms. Jennifer Maspatonio, representing the applicant, submitted
Affidavits of Proof of Receipt of Mailing to the Acting Clerk.
These receipts were reviewed by Mr. Margotta.
Mr. Ugo Checchi stated that he resides at 51 College Avenue and has
been a resident of North Tarrytown for 60 years. He also stated
that he was well aware of 21 Kendall Avenue due to work that has
been done for the current owner. He installed two boilers two
years ago, proper procedures were taken. Mr. Checchi stated that
he has spoken with neighbors on Kendall Avenue and that this house

**J ?- ^ J s ^ ^ ^ C ^ l M L ^ ^ ^

�has always been a one-family house, but is now being used illegally
as a two-family house. Mr. Checchi stated that he would like to
know when the plumbing was done in the kitchen and the bathroom.
He stated that his job has been done within the last three or four
years. In his opinion, this house is illegal at the present time.
When he was working there, there was one person living in the
basement.
Mr. Margotta stated that he inspected it and said that no one was
living in the basement, but the house was set up for a two-family
residence.
Ms. Maspatonio stated the past history of this house. In 1903, the
house was labeled as a two-family house. In 1964 the Zoning Code
was adopted. The house became a two-family non-conforming use.
Mr. Rodriques bought the premises in 1984, and since then it has
been assessed as a two-family home.
Mr. Morabito made a motion to close the Public Hearing, seconded by
Costas Bounds. Motion carried unanimously.
Discussion
Mr. Paolantonio questioned Mr. Ponzini as to whether or not the
plumbing issue has any bearing on this factor. Mr. Ponzini stated
that the question of legal or illegal plumbing is a separate
matter, which involves the Building Inspector and the Plumbing
Inspector. Discussion ensued.
Mr. Morabito made a motion to grant the variance subject to
inspection of the plumbing, seconded by Mr. Paolantonio.
Discussion ensued. Mr. Fitzpatrick stated that he would like to
make a condition which states that the driveway should be used by
the tenants. Motion carried unanimously, with the condition added
by Mr. Fitzpatrick.
IN THE MATTER OF WILLIAM D. AKIN, 28 EVERGREEN WAY, NORTH
TARRYTOWN. NEW YORK.
Mr. Ponzini state that he was contacted by the applicant and
neighbors. Mr. Akin's attorney could not attend the meeting. The
attorney requested adjournment of the hearing for the next
available meeting of the Zoning Board so the application can be
presented in its entirety.
A motion was made by Mr. Paolantonio to adjourn the hearing until
April, seconded by Mr. Morabito. Carried unanimously.
Discussion
Mr. Morabito made a motion to accept the minutes of March 18, 1992
as received; seconded by Mrs. Galgano. Carried unanimously.
2

�Mr. Ponzini stated that the Code reads five members were to be
members of the Zoning Board. In 1988 the Zoning Board was expanded
to seven members, but the Code was not changed. Mr. Ponzini stated
that a letter from the Chairman to the Board of Trustees may be
appropriate to hold a Public Hearing to amend the Code.
Mr. Poalantonio made a motion to adjourn the meeting seconded by
Mr. Boumis.
Being no further business, the meeting was adjourned at 9:15 PM.
Respectfully submitted,

Christine A. Yurkovic
Recording Secretary

3

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