https://sleepyhollow.localarchives.org/files/original/700a5d209296f88b2c57b158ed5ff307.pdf db6aafc0d4718eb0b2d7e5d073893e9a PDF Text Text Approved with\respect to substance and form; Village w^ Attorney Ml/l J(rtl^ Dated: Approved by the Zoning B^ard Chairman/jor Acting Cty^rman Dated: * f-/f-?2s& Filed with Village Clerk 01, <f^xxS3tfe> Cierk—or Deputy Clerk D a t e d : f/l j<f7^ JUNE 17, 1992 Date of Meeting Ifee ,-, ----- ,-.--..-.. ../^.vA„,!%i,i...-<ij*fe^is&^-^:^a":x=aafeA^ �Zoning Board of Appeals Regular Meeting North Tarrytown. New York FINAL June 17, 1992 A regular meeting of the Zoning Board of Appeals was held on June 17th, 1992 at 8:00 PM at the Village Hall, North Tarrytown, New York. Present: George Fitzpatrick, Chairman Frank Paolantonio Mary Galgano Costas Boumis Michael Masias Absent: Juan Pujdas John Morabito Also Present: James Margotta, Building Inspector Robert Spencer, Village Attorney Chairman Fitzpatrick called the meeting to order at 8:00 PM. 1. Estate of Walter Luberger. Valley Street - Numerous Variances. Clerk read the Public Hearing notice to hear and consider an application by the Estate of Walter Luberger for variances to permit the subdivision of premises at 143 Valley Street (Section 16, Block 10, Lot 5 on the tax assessment map of the Village of North Tarrytown) . The applicant will be required to obtain the following variances: (1) For the new lot containing a three-family residence: (a) the lot contains only 3,273 square feet (the minimum lot size required is 5,000 square feet); (b) the lot is only 40 feet wide (the minimum width required is 50 feet); (c) the front yard set back is only 16.9 feet (a front yard set back of 20 feet is required); (d) one side yard has a set back of only 0.01 feet; and the combined side yard set backs are only 11.51 feet (one side yard must have a set back of at least 3 feet; and the two side yards must have combined set backs of at least 12 feet); (e) the rear yard set back is only 17.5 feet (a rear yard set back of at least 25 feet is required) ; �(f) (2) there are only two parking spaces (at least five parking spaces are required). For the new lot containing a commercial building: (a) there are only two parking spaces spaces are required) ; (six parking (b) the parking spaces are only 9 feet x 17 feet and 9 feet x 18 feet (spaces must be at least 9 feet x 20 feet); and (c) there is no loading space (one loading space is required). Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. Thomas McKenna, Attorney for the Luberger Estate, stated the Architect was unable to be present at the meeting as his wife was rushed to the hospital. The Architect has all the plans and Mr. McKenna is unable to make his presentation. After a discussion, Mr. Paolantonio moved, seconded by Mrs. Galgano, that the hearing be continued at the next meeting. Unanimously carried. 2. Dolores Fogel. 130 Depeyster Street - Certificate of Occupancy for a two family residence. Clerk read the Public Hearing notice to hear and consider an application by Dolores Fogel for a certificate of occupancy for the premises at 130 Depeyster Street, North Tarrytown (Section 16, Block 9, Lot 9 on the tax assessment map of the Village of North Tarrytown) as a two family residence (the Building Department records list the premises as a one family residence). Chairman Fitzpatrick asked if there was anyone present who would like to address the Board on the matter. Steven J. Bettman, Attorney affidavit of service to Clerk. for Ms. Fogel, presented an Mr. Bettman presented nine affidavits in support of Ms. Fogel's application. He stated that the affidavits were signed by previous tenants, neighbors, previous owner's relatives and Ms. Fogel. (Copy in official minutes). He stated that all evidence presented shows us that the premises have been used as a two family residence for over fifty years. Ms. Fogel stated she lived in the house since August 1st, 1941 and the second floor has always been rented. She thought it was a �legal two family and would like the Board to establish that it is a two family residence. Mr. Michael Hyland, a neighbor, stated he has lived next door for almost twenty years, and he knows it to be a two family residence. Mrs. Geraldine Krall stated she is a friend of Ms. Fogel's for over forty years, she has been in the house many times and always knew it to be a two family residence. There being no further comments, Mr. Paolontonio moved, seconded by Mr. Boumis, that the hearing be closed. Unanimously carried. Business Meeting: Mr. Paolontonio stated he has lived on Depeyster Street since 1940 and he remembers the Lenato family owning the house and it has always been a two family residence. The Board determined that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. After discussion, Mr. Boumis moved, seconded by Mrs. Galgano, that the Village records be corrected to reflect 130 Depeyster Street as a two family residence. Unanimously carried. 3. Pedro & Mercedes Castillo, 159 Beekman Avenue - Continued Non-conforming three family residence. 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 lists the premises as a two family residence). Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. Mr. John J. Hughes, Jr., representing the Castillo family, stated he had made a presentation at the last meeting, outlining various items. He presented an affidavit of service to the Clerk. There being no further comments, Mr. Boumis moved, seconded by Mrs. Galgano, to close the public hearing. Unanimously carried. ;^S*V ~*-=*:^---~?E.-'-:«i*V>-=V "-i =.«.-;»•- - - . ^ H i ^ - V M S S - f i r f s i i l ^ ^ i > ^ * ^ £ ^ = ^ s ^ i 3 f e i i ^ ^ �Discussion: Mr. Paolontonio stated he had inspected the premises and found ample parking for a three family residence. He stated there was a three car garage on the premises which was used by the tenants. The Board determined that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. There being no objection from the public, Mr. Paolontonio moved, seconded by Mrs. Galgano, that the village records be corrected to reflect the premises as a three family residence, and a Certificate of Occupancy for a three family residence be issued. Unanimously carried. 4. Anthony Marmo, Gordon Avenue - Rear yard variance. Clerk read the Public Hearing notice to hear and consider an application by Anthony Marmo for a variance to permit a rear yard only nine feet in depth (25 feet is required) on Section 17, Block 23, Lots 60 and 61 on the tax assessment map of the Village of North Tarrytown. Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. Mr. John J. Hughes, Jr. representing Mr. Marmo, presented an affidavit of service to the Clerk. Mr. Hughes stated that the lot has been owned by the Marmo family for over thirty years. They built a house on the neighboring lot and had planned on building a house for their son on the lot which is the subject of this application when he married. It is on the corner of Gordon Avenue and Holland Avenues and is irregular in shape. Every other criteria of the Code can be met except for the rear yard. It is in an area that is well established and fully developed and is one of the few remaining lots in Webber Park. He stated that Mr. Marmo has approached all the neighbors within a two hundred foot radius, shown them the plans and they have approved the concept. A discussion followed regarding a sewer line easement. Mr. Marmo stated he has excavated and found no sewer line crossing the lot, but there is a sewer line on the adjoining lot, owned by his mother. Mr. Hughes stated that no sewer easement exists, but they would be willing to furnish one if necessary. Dr. Masias asked where the front of the house would be located, and a discussion followed regarding curb cuts. The front of the house will be on Holland Avenue. �Mr. Margotta stated that the address of the house would be determined by the Post Office. Mr. Vincent Buonanno, 132 Van Tassel Avenue, stated he supported the project and stated the Board should grant the variance due to the odd shape of the lot. Mr. Charles Shibetti, owner of several properties in Webber Park, stated he was in favor of the Board granting the variance. There being no further comments, Mr. Boumis moved, seconded by Mrs. Galgano, that the hearing be closed. Unanimously carried. Discussion; Mr.. Paolontonio stated that the lot was unique in shape and size and felt the Board should grant the variance. Mrs. Galgano stated she had no objections to the granting of the variance, as there were no objections from the neighbors. Mr. Spencer noted that the Board should also consider the granting of a front yard variance since there would only be 16 feet between the deck (which is a structure) and the street line. The Code requires a front yard of 20 feet. 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. Boumis, that a variance be granted allowing a front yard set back of 16 feet instead of 20 feet as required by the Code, and a rear yard set back of 9 feet instead of 25 feet as required by the Code. Unanimously carried. 5. Marcello Viscogliosi, 176-178 North Washington Street Numerous Variances. Clerk read the Public Hearing notice to hear and consider an application by Marcello Viscogliosi for a variance to permit the subdivision of premises at 176-178 North Washington Street (Section 16, Block 15, Lot 8A on the tax assessment map of the Village of North Tarrytown). The applicant will be required to obtain the following variances: (1) For premises known as 178 North Washington Street: (a) the lot has a front yard set back of only 0.5 feet (a front yard set back of at least 20 feet is required) ; (b) one side yard has a set back of only 0.03 feet and the combined side yard set backs are only 5.3 feet (one side yard must have a set back of at least 5 feet; and the two side yards �must have combined set backs of at least 15 feet); (c) the lot has a rear yard set back of only 0.6 feet (a rear yard set back of at least 25 feet is required); (d) the lot contains only 3,083 square feet (the minimum lot size required is 6,500 square feet); and (e) the buildinqs on the lot cover 30.68% of the lot (a maximum coverage of 30% is permitted). (2) For the premises known as 176 North Washington Street: (a) the lot has a rear yard set back of only 10.00 feet (a rear yard set back of at least 25 feet is required); (b) one side yard has a set back of only 3.2 feet and the combined side yard set backs are only 8.2 feet (one side yard must have a set back of at least 5.0 feet and the two side yards must have combined set backs of at least 15 feet); and (c) the lot contains only 2,725 square feet (the minimum lot size is 4,000 square feet). Parking variances are also required. Chairman Fitzpatrick asked if there was anyone present who would like to address the Board on the matter. Mr. Hughes, representing the Viscogliosi family, presented an affidavit of service to the Clerk. Mr. Hughes stated that this was a very unique situation. There are two building on one lot, totally non-conforming. The owners would like to establish separate owners for each building. The parents, who purchased the property some years ago, have retired to Italy, leaving the brother and two sisters to manage the property. The family now wants to divide the property between the two sisters, each owning one outright. Mr. Paolontonio stated that the second house was built after the war by the DeGrande family, who owned the four family building.. The driveway has always been a shared driveway. Mr. Hughes stated that an easement would be given so that both owners would continue to share the driveway. Dr. Masias stated that the house was assessed as a two family house, and felt that a major parking problem existed in the area. He stated that real estate brokers are advertising the house as a two family residence whereas Mr. Hughes stated it is a one family residence. Mr. Margotta stated that at one time the residence was used as �a two family residence, but at the present time it is a one family residence. Judith Washburn, 181 North Washington, stated that at one time 15 people were living in the one family residence, and stated that the four family residence is 3/8 of an inch from her property line. Mrs. Petcoff stated her property is on the corner of College Avenue and North Washington Street, and she is against dividing the property and granting the variance. She stated the garage will belong to the four family residence and the other house will have no parking facilities. The area is very crowded now. She also stated that the one family house was a two family house for many years. Mrs. Washburn asked what would prevent the owner from selling to an outsider, who would change the house back to a two family residence with no parking facilities. Mr. Boumis stated that the Board would just be dividing the premises between the two daughters. If it was sold to someone else, they would have to appear before the Board to change it to a two family residence. Discussion followed regarding maintenance and repair of the driveway if the property was sub-divided, and where would parking be provided for the one family residence. Mr. Hughes stated that parking could be in the driveway or a parking space could be provided in front of the house. There being no further comments, Mr. Boumis moved, seconded by Mrs. Galgano, that the hearing be closed. Carried. Discussion: Discussion followed regarding the chain link fence between the two houses. Mr. Paolontonio states he was against dividing the property as it would be detrimental to the Village and the area. Dr. Masias asked if the matter needed Planning Board approval, and stated he felt too many variances were needed. Mr. Spencer stated that the Planning Board received the application for subdivision and referred it to the Zoning Board for the needed variances. Dr. Masias stated that variances should not be granted for the sole purpose of increasing the value of the property. Mrs. Galgano stated she was not in favor of subdividing the property as there was no financial hardship shown. �Mr. Paolontomo moved, seconded by Dr. Masias, to deny the variances as requested. Chairman Fitzpatrick polled the Board as follows: Mr. Boumis - no Mr. Paolontonio - yes Mrs. Galgano - no Dr. Masias - yes Mr. Fitzpatrick - yes Chairman Fitzpatrick declared the motion not carried. Mr. Boumis moved, seconded by Mrs. Galgano, to grant the variances as requested. Mr. Fitzpatrick polled the Board as follows: Mr. Boumis Mr. Paolontonio Mrs. Galgano Dr. Masias Mr. Fitzpatrick Mr. Fitzpatrick declared variances are denied. yes no yes no no the motion not carried. The 6. Albert Peck, Barnhart Avenue - Variances for subdivision of six (6) lots. Clerk read the notice of public hearing to hear and consider applications by Albert Peck for variances to permit the subdivision of premises known as 19-29 Barnhart Avenue (Section 15, Block 7, Lot 10 on the tax assessment map of the Village of North Tarrytown) into six lots. The applicant will be required to obtain the following variances: (1) for the premises known as 19 Barnhart Avenue: (a) the lot contains only 3,593 square feet (the minimum lot size required is 4,000 square feet); (b) the lot is only 24 feet wide (the minimum width required is 40 feet); (c) the lot has a front yard set back of only 12.7 feet (a front yard set back of 20 feet is required); and (d) one side yard has a set back of only 1.4 feet and the combined side yard set backs are only 5.4 feet (one side yard must have a set back of at least 5 feet and the combined side yard set backs must be at least 15 feet). �the premises known as 21 Barnhart Avenue: the lot contains only 3,697 square feet (the minimum lot size required is 4,000 square feet); the lot is only 21.59 feet wide (the minimum width required is 40 feet); the lot has a front yard set back of only 12.7 feet (a front yard set back of 20 feet is required); and one side yard has a set back of only 1.4 feet and the combined side yard set backs are only 3.1 feet (one side yard must have a set back of at least 5 feet and the combined side yard set backs must be at least 15 feet). the premises known as 23 Barnhart Avenue: the lot is only 21.83 feet wide (the minimum width required is 40 feet); the lot has a front yard set back of only 13 feet (a front yard set back of 20 feet is required); and one side yard has a set back of only 1.5 feet and the combined side yard set backs are only 3.3 feet (one side yard must have a set back of at least 5 feet and the combined side yard set backs must be at least 15 feet). the premises known as 25 Barnhart Avenue: the lot is only 28.55 feet wide (the minimum width required is 40 feet); the lot has a front yard set back of only 13.1 feet (a front yard set back of 20 feet required); and is one side yard has a set back of only 1.8 feet and the combined side yard set backs are only 9.0 feet (one side yard must have a set back of at least 5 feet and the combined side yard set backs must be at least 15 feet). the premises known as 27 Barnhart Avenue: the lot is only 27; 05 feet wide (the minimum width required is 40 feet); the lot has a front yard set back of only 12.9 ii;*.=ViV*^:^^»<s:^>->-^ �feet (a front required); and (c) (6) yard set back of 20 feet is one side yard has a set back of only 1.3 feet and the combined side yard set backs are only 7.8 feet (one side yard must have a set back of at least 5 feet and the combined side yard set backs must be at least 15 feet). for the premises known as 29 Barnhart Avenue: (a) the lot contains only 3,040 square feet (the minimum lot size required is 4,000 square feet); (b) the lot is only 25.24 feet wide (the minimum width required is 40 feet); (c) the lot has a front yard set back of only 12.9 feet (a front yard set back of 20 feet is required); and Mr. Peck presented an affidavit of service to the Clerk. Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. Mr. Albert Peck stated he was the Administrator for the Levy Family, who in the past ninety years accumulated many properties in the Village. The estates are being dissolved and the properties sold. He stated that no bank will give a mortgage to a parcel of land with six houses on it, therefore he must subdivide and sell the houses separately. The properties exist on minimum lot sizes and it would be impossible to bring them up to today's standards. Mr. Margotta stated that the houses share a common driveway and all have parking at the rear of the lots. He stated the premises are one family residences and are all occupied. The tenants have shown an interest in purchasing the houses that they occupy if the property is subdivided. There being no further comments, Mrs. Galgano moved, seconded by Dr. Masias, that the hearing be closed. Carried. Discussion: Chairman Fitzpatrick stated he had received a letter from John Sherwood, 14 Francis Street, stating their opposition to the subdivision. Mr. Margotta stated that the Planning Board had reviewed the subdivision and would recommend that the Board grant the variances, stating that this is low income housing to the tenants living there. He also stated that a developer could come in, tear the buildings down and erect a multi-family apartment, the same as uL^^^i^s^s^^^a^^^e^mm^^i^s^m �proposed by the Halpern project. Dr. Masias stated he feels that Mr. Peck is showing financial hardship, and feels that it would be in the best interest of the Village and the area to grant the subdivision. The Board determined that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. Mr. Boumis moved, seconded by Dr. Masias, that the variances be granted as requested, due to the nature of the homes that have been pre-existing for many years. Chairman Fitzpatrick polled the Board as follows: Mr. Boumis - yes Mr. Paolontonio - no Mrs. Galgano - yes Dr. Masias - yes Mr. Fitzpatrick - yes Chairman Fitzpatrick declared the motion carried. 6. Jean Orr, 174 Kelbourne Avenue - Front yard variance. Clerk read the Public Hearing notice to hear and consider an application by Jean Orr for a variance to permit the construction of an addition to the residence at 174 Kelbourne Avenue, North Tarrytown (Section 14, Block 14, Lot 6 on the tax assessment map of the Village of North Tarrytown). One side yard has a set back of only 6 feet and both side yards have combined set backs of only 18.6 feet (one side yard must have a set back of at least 10 feet and both side yards must have combined set backs of at least 25 feet). Mr. Spencer noted that because the lot was a corner lot, the only variance required would be for the Munroe Street side of the house. The Code requires a side yard of 15 feet (the house, as constructed, has a side yard of only 6 feet). Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. David Graham, Architect, stated he represented the Orr family and outlined the addition to the residence. He stated that the plan was to erect an addition consisting of a master bedroom and bath and a one-car garage. He presented a rendering of the proposed project. Discussion followed regarding the placing of the air conditioning unit for the addition. The architect agreed to move the unit to the rear of the property. �Mr. Morris Alter stated he was a neighbor of the Orr's and has no opposition to the granting of the variance. He stated that the chimney stack was of concern. The Orrs have been cooperative to our concerns. There being no further comments, Mr. Paolontonio moved, seconded by Mr. Boumis, to close the public hearing. Carried. The Board determined that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. Mr. Fitzpatrick stated that he has visited the Orr property and they have greatly improved the property. After discussion, Mr. Paolontonio moved, seconded by Mr. Boumis, that the variance be granted as requested. Unanimously carried. Minutes: Mr. Paolontonio moved, seconded by Dr. Masias, that the minutes of the meeting held on April 15, 1992 be approved as presented. Unanimously carried. Mr. Paolontonio moved, seconded by Dr. Masias, that the minutes of the meeting held on May 20, 1992 be approved as presented. Chairman Fitzpatrick declared the motion carried, with Mr. Boumis abstaining. Mr. Fitzpatrick stated that the next meeting of the Board would be held on July 15, 1992. Discussion followed regarding the Triana issue. Mr. Spencer stated he would discuss the matter with the attorney for Triana and schedule it for the July or August meeting. Discussion followed regarding subdivision regulations, and the Building Inspector was instructed to write a letter to Philip Zegarelli in answer to his request for an interpretation of the Code. There being no further business to come before the Board, Mrs. Galgano moved, seconded by Mr. Boumis, that the same be duly adjourned. Unanimously carried. Respectfully submitted, Irene Amato Acting Clerk � 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_1992-06-17 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