https://sleepyhollow.localarchives.org/files/original/59dd8a346d9e5caafee308759ccb3ca0.pdf 3e5e46358dd18c4cfa1b72a42a285d7a PDF Text Text Appr/6vep wijth respect to substance and form: Village Atto: Dated: I / 9/%^ ApprovedHby t h e Zonlrtg Board una lrmai^oir-^Trtfe^^Cn^Jjaaaji. Dated: 9//t>/?<L Filed with Village Clerk Clerk or Deputy Clerk Dated: Cfj^e fl^ August 19, 1992 Date o f Meeting • i - -,=•» . "<.»>- .-—-—,r,_ <:--,: *Jj~ e »^,jf^toi^a-»ii^>^i4&^taiBSe»Ifeiil^^ �• SEP 2 1 1992 WARQNEY ?Qm% & §P£NGia • ---:-.—',-,-. : - i = a * i i s i - ^ i = - K a . « * S w 5 * > ; , i t f ^ T t a ^ i t * : & i E f e - * ^ ^ a i ' » i d ^ tt/1 �REGULAR MEETING NORTH TARRYTOWN, N.Y. August 19, 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 Bouinis Frank Paolontonio John Morabito Michael Masias 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. Maximo San Juan, 28 Hudson Street-Public Hearing-C.O. for three family residence. Chairman Fitzpatrick asked the Clerk to read the Public Hearing Notice to hear and consider an application by Maximo San Juan for a certificate of occupancy for the premises at 28 Hudson Street, North Tarrytown (Section 16, Block , Lot 20 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) . Chairman Fitzpatrick asked if there was anyone present who would like to address the Board on this matter. Mr. San Juan stated he purchased the property in 1984 and has used it as a three family residence since then. Mr. Margotta stated that the Village records indicate that a building permit was issued for the conversion of a one-family residence to a two-family residence. He could find no record of a permit being issued to convert the residence to a three-family residence. Mr. San Juan stated that the basement and first floor have been used by his family since 1984 and the second and third floors have been rented since 1984. Mr. Spencer stated that the zoning in that area is an industrial zone which does not allow residential units. The house is a non-conforming use. The conversion of the residence to a 9/16/92 �three-family residence was illegal. Mr. Spencer suggested that Mr. San Juan apply to the Zoning Board for a variance to create a three-family house .2. Al Peck, 225 No. Broadway, Public Hearing-C.O. for threefamilv residence Chairman Fitzpatrick asked the Clerk to read the Public Hearing Notice to hear and consider an application by Albert B. Peck for a certificate of occupancy for the premises at 225 North Broadway, North Tarry town (Section 16, Block 1, Lot 1 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 one-family residence). Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. Mr. Al Peck presented Affidavit of Service of Notices to Adjoining owners to the Clerk. Mr. Peck stated that the house was converted in 1941 and 1942 to a three-family residence. The house was previously owned by his grandmother and aunt and it was left to him. He thought it had been assessed as a three-family house. The property has plenty of parking and has been in his family since the early 1900's. Mr. Peck presented several affidavits from neighbors verifying that the property was a three-family residence prior to the date of adoption of the Zoning Code and continuously to the present date. There being no further comments, Mr. Morabito moved, seconded by Mr. Paolontonio, that the public hearing be closed. Carried unanimously. Discussion followed regarding affidavits of neighbors presented by Mr. Peck and other applicants requesting similar relief. Mr. Spencer stated that the Board could require the persons making the affidavits to appear in person and be sworn in. The Board determined s 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 Ms. Galgano, that the Village records be corrected to reflect the premises as a three-family residence, and a Certificate of Occupancy for a threefamily residence be issued. 9/16/92 -2- �Chairman Fitzpatrick polled the Board as follows: Mr. Morabito Yes Mr. -Bounds Yes Mr. Paolontonio No Ms. Galgano Yes Dr. Masias No Mr. Fitzpatrick Yes Chairman Fitzpatrick declared the motion carried. Mr. Spencer stated that a letter will be sent to the applicant informing him of the decision of the Board. 3. Dr. L. Gellerman, 170 Hunter Avenue-Public Hearing-Variances for Subdivision. Chairman Fitzpatrick asked the Clerk to read the Public Hearing notice to hear and consider an application by Lawrence Gellerman of 179 Hunter Avenue, North Tarrytown, New York for variances for the lot on which his residence is located so as to permit the subdivision of a building lot next to his house. The lot is located in the R-2 Zoning District. The R-2 District requires minimum lot width of 75 feet, minimum front yard setback of 30 feet, minimum rear yard setback of 25 feet, and minimum side yard setback of 10 feet for one yard and setback of 25 feet for both side yards. The front yard setback for the existing lot is 29.9 feet; the rear yard setback is 11.0 feet; and the existing building will be setback 6.2 feet from one boundary line and 16.0 feet from the other boundary line. Total side yard setbacks will be 22.2 feet. Variances required are front yard, rear yard, and side yard setbacks. The proposed premises are located at 179 Hunter Avenue, North Tarrytown, New York and are known and designated on the tax assessment map of the Village of North Tarrytown as Section 14, Street 72, Block 4, Lots 1R and IS. Mr. John Hughes, representing Dr. Gellerman, presented affidavit of service of Notices to adjoining owners to the Clerk. Chairman Fitzpatrick asked if there was anyone present who would like to address the Board. Mr. Hughes stated that Dr. Gellerman has owned the property since 1961, and it has always been his intention to one day build a house for one of his children on the adjoining lot. The neighborhood has many non-conforming lots. He stated there is no property available to make both lots conforming. Mr. Hughes stated Dr. Gellerman's house will be the only house affected by the side yard setback. 9/16/92 -3- ili-itst4^:^i:itS^^iA^4jJMS»i45;s^^ �Mr. Todd Ruppell, 177 Hunter Avenue, stated that a petition was sent to the Board stating disapproval of the petition of Dr. Gellerman for the variances. He also stated that the zoning laws are for the benefit of all and should be enforced. Mr. and Mrs. Juergen Goldhagen, 163 Hunter Avenue, stated they disapproved of the granting of the variances. Mr. Walter Beyer, 145 Farrington Avenue, stated he was against the granting of the variances. Mr. Goldhagen stated that since Perri built houses at 141 and 14 Hunter Avenue there has been a lot of excess water and that the vacant Gellerman lot soaks up a lot of the water. Chairman Fitzpatrick stated he lives in the area and the excess water comes from the Peabody property which had a clay pit filled in after a neighborhood child drowned in it. He stated that a letter had been received from Robert Kantor and Katherine Shockley, owners of 148 Hunter Avenue, requesting a postponement of the hearing as they and several other neighbors were going to be on vacation. Mrs. Goldhagen stated they would like time to consult with an attorney. Mr. Hughes stated Dr. Gellerman did not object to their consulting an attorney as he felt that an attorney would see the merits of the application. He stated there would be no additional drainage problem. Mr. Jim Nazemeth, 134 Hunter Avenue, stated he was in favor of granting the application and felt that Dr. Gellerman would be the only one affected by the side yard as his house is the closest to the lot. He stated that a serious water problem has existed for many years and Dr. Gellerman's sub-division would have no effect on the water problem. Mr. Spencer stated that Dr. Gellerman would have to appear before the Planning Board, and suggested that a study be made of the water problem to present to the Planning Board. After discussion Mr. Bournis moved, seconded by Mr. Paolontonio, that the matter be adjourned and continued at the September 16th meeting. Carried unanimously. MINUTES Mr. Boumis moved, seconded by Mr. Morabito, that the revised draft of the minutes of June 17, 1992 be approved as submitted. Carried unanimously. 9/16/92 -4- �Mr. Morabito moved, seconded by Mrs. Galgano that the minutes of the July 15, 1992 be approved as submitted. Carried unanimously. m There being no further business to come before the meeting Mr. Bounds moved, seconded by Mr. Morabito, that the same be duly adjourned. Carried unanimously. Respectfully submitted, Irene Amato Acting Clerk 9/16/92 -5- • Ji-^n * S i i , S « -.VSSr.S*M .-.:W*i.--Ii ^ i ^ f e * - W s = « i ^ " ^ � 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_1992-08-19 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