https://sleepyhollow.localarchives.org/files/original/ce9ca8fe727a734b5978fbe335f61e35.pdf aa59f025a28aca6b239d0b7f04feb523 PDF Text Text Apppro^ed with r e s p e c t t o substance and form: Oficii. Villa'de Attorney Dated? u Hi-ilrr Approved by the Zoning Board Chairman Dated: <>// 7/9j? ' Filed with Village Clerk Deputy Clerk Clerk or, or Depu_ Dated: C // P 191^ MAY 2 0 , 1992 Date of Meeting �Zoning Board of Appeals Regular Meeting North Tarrytown, New York May 20, 1992 A regular meeting of the Zoning Board of Appeals was held on May 20th, 1992 at 8:00 P.M. at Village Hall, North Tarrytown, New York. PRESENT: George Fitzpatrick, Chairman Frank Paolantonio John Morabito Juan Pujdas Michael Masias ABSENT: Mary Galgano Costas Boumis ALSO PRESENT: James Margotta, Building Inspector Robert Spencer, Village Attorney Chairman Fitzpatrick called the meeting to order at 8:00 P.M. 1. Pedro & Mercedes Castillo, 159 Beekman Avenue, Non-conforming 3 family residence. Public Hearing. Clerk read the public hearing notice to hear and consider an application by Pedro and Mercedes Castillo for a certificate of occupancy for the premises at 159 Beekman Avenue, North Tarrytown (Section 15, Block 9, Lot 8 on the tax assessment map of the Village of North Tarrytown) as a three-family residence (the Building Department records list the premises as a two-family residence). John Hughes, Attorney for Mr. & Mrs. Castillo, presented Affidavit of Service to Clerk. Mr. Hughes stated that the building was built in 1910, and purchased by the Castillos in 1972. There have been three apartments in this residence for as long as anyone can remember. Mr. Hughes supplied the Board with five affidavits confirming this. The applicant is requesting a ruling that the residence is a three family non-conforming dwelling. Chairman Fitzpatrick asked if there was anyone else who would like to address the Board. Mr. Frank Rizzi, resident of the village all of his life, stated to his knowledge there were always three families living in the dwelling and the Board should grant the application, as requested. -•* - -. £,-** - -^ -.- k. j-te'&s- sK= -si1- •*=. * -*£• ^ s - ^ ^ f c ^ a ^ s ^ t i f c ^ ^ �Mr. Mario Belanich, No. Washington Street, stated he had received a letter regarding this application, so he looked at the property. Although he did not live in the area, he felt that other variances had been granted and he felt this one should also. Members of the Board noted that several neighbors advised they had not received a notice of the hearing. A discussion followed regarding a list of those neighbors to whom a letter was to be sent. Mr. Hughes stated Mr. DeMilia and Mr. Koval were on the list, but he had to check whether a letter was sent to them. Dr. Masias stated there were parking spaces and asked if these parking spaces were for the tenants, or were they rented out to non-tenants. He was advised that the spaces are used only by tenants. Mr. Morabito moved, seconded by Mr. Paolontonio, that the matter be adjourned to the next meeting. Carried unanimously. 2. Mafalda Tornello, 27 Maple Street, From 2-family to 3-family residence. Public Hearing. Clerk read the public hearing notice to hear and consider an application by Mafalda Tornello for a certificate of occupancy for the premises at 27 Maple Street, North Tarrytown (Section 17, Block 8, Lot 7) as a three-family residence (the Building Department records list the premises as a two-family residence). Mrs. Mafalda Tornello stated that the residence belonged to her mother and father, who purchased the property in 1945, as a three-family residence, and it has been in continuous use as a three-family residence since then. They have never received a Certificate of Occupancy but would like one now. Mr. Morabito moved, seconded by Mr. Paolontonio, that the public hearing be closed. Carried unanimously. Mr. Paolontonio stated that he has known the family since the 1930's and knows that the house has always been a three-family residence. Dr. Masias questioned whether using a house as a three-family residence for so many years would make it a legal three-family residence. Mr. Spencer stated it would be considered a non-conforming use. If the house ceases to be used as a three-family residence, the non-conforming use would be lost. The Board determined that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. �Mr. Morabito moved, seconded by Mr. Paolontonio, that the application be granted as requested. Unanimously carried. 3. Elizabeth Akin-Everareen Way-Variance to keep oarage. Mr. William Akin, representing Elizabeth Akin, stated that the structure has been at its existing location three decades without any problem. It would be a major financial hardship to remove the garage at this time. He has two estimates in the amounts of $25,000 and $30,000 to demolish the garage. The garage is constructed of concrete, there is a greenhouse on top and prior to that it was a root cellar. The property has been owned by his family since 1934, and the greenhouse added in 1958 with no problems. George Hritz, a neighbor and member of the Sleepy Hollow ManorTaxpayers Association, stated that the entire property has been treated as a single family parcel. No one objected before because it was a single family parcel. The Building Inspector has now determined that the garage is too close to the rear property line. Hence, a variance is required. Mr. Hritz felt that the Akins had created the situation and now they want to change and subdivide the property. They chose to build too close to the property line. He also asked to have the minutes of the previous meeting included in this meeting. Chairman Fitzpatrick stated that meeting pertained to another issue. Edward Stockheim, a neighbor and a licensed architect in New York and New Jersey, stated that the Akin family seeks to subdivide into three parcels and sell them individually. Mr. Fitzpatrick stated that many lots in the two Manors were under-sized lots. Mr. Stockheim stated that the Building Inspector could find no record of a permit being issued to build the greenhouse. He also feels that the condition was self-imposed and the variance should not be granted. Mr. Akin stated that the issues of the previous meeting were entirely different and the issues should not be mixed. He has two offers to purchase the house, and both want the garage and the greenhouse kept. Mr. Hritz stated it was the feeling of the neighborhood that this variance should not be granted. The Board should enforce the Zoning Ordinance. Mr. Margotta advised that the Building Department records indicate a building permit was issued for the garage and greenhouse. �Mr. Paolontonio stated that the Building Inspector issued the permit to build the garage and greenhouse in good faith. He also stated that the structure in question has been in existence for over thirty years. A building permit was issued, no one has questioned it, and he feels that the structure should not be altered to conform to the present code. Dr. Masias stated if the structure was built to conform to the code at the time it was built, we cannot make the applicant change it to conform to today's code. 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 variance be granted as requested, due to economic hardship, and because the structure is a long standing structure. Unanimously carried. MINUTES Mr. Paolontonio moved, seconded by Dr. Masias, that the minutes of the meeting held on April 15th, 1992 be approved as submitted. Unanimously carried. Chairman Fitzpatrick stated that commencing July 1st, all applicants to the Zoning Board will receive written decisions of the Board. EXECUTIVE SESSION Triana Propertv-Beekman Avenue Discussion followed regarding Triana property and the Building Inspector was to notify Ralph Bettman, Attorney for the Trianas, that the matter will be on the agenda of the June meeting. Chairman Fitzpatrick stated that the next meeting of the Board will be held on June 17th, 1992. Discussion followed regarding indemnity and liability of the Board. Mr. Spencer stated that the Board was entitled to complete indemnification by the Village, and the Village would have to provide money for defense attorneys. There being adj ourned. no further business, the meeting was duly Respectfully submitted, Irene Amato Acting Clerk ~>»-' •**-'- -iE.^-iA&C-Al*!.- . 1,.^-C.i.--,-^ . v_X^-^- -' -", -»**-"-'J- -,-!--- A--.- ^&M^^!^^^^A^^^1i&^^^i^^^^^mi«Ai&, � 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_1992-05-20 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