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Approved with respect to substance and form:

Village Attorn

Dated:

Approved

slnc\
:he Zoning Boa

Chairman oj^Acting Chai
Dated:

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Filed with Village Clerk

Clor3c or Deputy Clerk

Dated: l/il9a.

JULY 15, 1992
Date of Meeting

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Zoning Board of Appeals
Regular Meeting
North Tarrytown, NY
July 15, 1992

FINAL

A regular meeting of the Zoning Board of Appeals was held on
the above date at the Village Hall, North Tarrytown, New York.
PRESENT:

George Fitzpatrick, Chairman
Mary Galgano
Costas Bounds
Michael Masias
Frank Paolontonio
John Morabito

ABSENT:

Juan Pujdas

ALSO PRESENT:

James Margotta, Building Inspector
Robert Spencer, Village Attorney

Chairman Fitzpatrick called the meeting to order at 8 P.M.
1.

Estate of Walter Luberger, Valley Street - Numerous Variances,
Public Hearing Continued.

Chairman Fitzpatrick asked the Clerk to 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 yard set backs must have
combined set backs of at least 12 feet) ;

�(2)

(e)

the rear yard set back is only 17.5 feet (a rear
yard set back of at least 25 feet is required);

(f)

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.
Mr.
Robert Barstow, Architect for the Luberger family,
presented plans for the subdivision and outlined the proposed
project.
He stated that the parking spaces in front of the
building will be eliminated and two parking spaces added in the
rear of the building. The parking spaces will be 9 feet x 20 feet.
Mr. George Gasperini stated he has contracted to purchase the
commercial property and asked if he would be able to park in front
of the building. Mr. Paolontonio stated that the Luberger Estate
was requesting various variances and he would have to request any
required variances separately.
Mr. Barstow stated that the driveway will be shared by both
owners, there will be approximately 11.5 feet between the
buildings, and there is an existing curb cut in front of the
buildings.
Mr. Thomas McKenna, Attorney for the Luberger Estate, stated
he has submitted an application setting forth the area variances
requested. There will be no impact on the entire block, no greater
density, and there will be no change in the character of the
neighborhood. He stated that the property was non-conforming with
two buildings on one lot. His client had inherited the property
and stated there was financial hardship as the property could not
be sold to one owner. There are two people who are willing to
purchase the property if it is sub-divided.
Dr. Masias stated he felt that the problem was created by the
owner.

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Mr. McKenna stated the problem existed prior to his client
becoming the owner.
Mr. Paolontonio stated that Mr. Luberger acquired the property
in 1964 after being dispossessed by the Urban Renewal Project of
the Village. He built the commercial building under the Code in
existence at the time.
Dr. Masias asked if any additions were proposed to either
building.
Mr. McKenna stated that the three-family residence would
remain a three-family residence, and the commercial building was
intended to be a Plumbing Supply store.
Mr. Spencer stated if the use of either building was changed
the owners would have to appear before the Zoning Board for
variances.
Mr. Boumis questioned the lack of parking spaces and how a
commercial establishment would be able to function without
additional parking spaces.
Discussion followed regarding parking for commercial vehicles
in the area, and the parking of trucks in front of the building.
Mr. Barstow stated that the plans had been reviewed by Clark
Associates and Manganaro Engineers and that the matter had been
referred to the Zoning Board by the Planning Board.
There being no further discussion, Mrs. Galgano moved,
seconded by Dr. Masias, to close the public hearing. Carried
unanimously.
Mr. Morabito stated that he has inspected the area. The
commercial building was an eyesore and he felt that the granting of
the variances would be an improvement to the area.
The Board determined that the proposed action is a Type II
action under SEQRA and will have minimal adverse impact on the
environment.
Thereupon, Mr. Morabito moved, seconded by Dr. Masias, that
the variances be granted as requested. Unanimously carried.
Minutes
Chairman Fitzpatrick stated that the Board had received the
minutes of the June meeting too late to review them so they would
approve them at the August meeting.

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V

Mr. Marcello Viscogliosi, 176-178 North Washington Street
requested that the Board reconsider the decision regarding the subdivision of 176-178 North Washington Street. A hardship exists in
that the property cannot be sold to one owner.
Mr. Fitzpatrick informed Mr. Viscogliosi that he could appear
before the Board after six months have elapsed and ask for
reconsideration.
Discussion followed regarding information being made available
to the public after a meeting.
Mr. Fitzpatrick stated that the next meeting of the Board
would be held on August 19th, 1992.
There being no further business to come before the Board, Mr.
Morabito moved, seconded by Mrs. Galgano, that the same be duly
adjourned. Carried unanimously.
Respectfully submitted,
Irene Amato
Acting Clerk

•

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