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                  <text>Approved yith respect to substance and form:

J

Village 'Attori^e

Dated:

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t^ys

Approved by&gt;7the Zoning BoaKd

Chairman or^
Dated: nL

in

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Filed with Village

Clerk

C l e r k o r Deputy C l e r k
Dated: ii/ZoUi-

October 21, 1992
D a t e of M e e t i n g

�ZONING BOARD OF APPEALS
Regular Meeting
North Tarrytown, New York
October 21, 1992

FINAL

A regular meeting of the Zoning Board of Appeals was held on
October 21, 1992, in Village Hall, North Tarrytown, New York.
Members Present:

Also Present:
Absent:

George Fitzpatrick
Frank Paolantonio
Juan Pujadas
Mary Galgano
Michael Masias
Robert W. Spencer, Esq.
James Margotta, Building Inspector
Costas Bounds
John Morabito

IN THE MATTER OF RICHARD AND CINDY JONES, 650 RIVERSIDE DRIVE,
NORTH TARRYTOWN, NEW YORK
This public hearing was to hear and consider an application for a
variance to permit the construction of a basement apartment. Proof
of receipt of mailing was not available; therefore, this matter
will be adjourned until next month's Zoning Board meeting.
IN THE MATTER OF MAXIMO
TARRYTOWN, NEW YORK

SAN

JUAN,

28

HUDSON

STREET,

NORTH

This public hearing was to hear and consider an application for a
certificate of occupancy for the premises at 28 Hudson Street as a
three-family residence.
Mr. San Juan stated that he has a variance for a two-family home
and would like a variance for a three-family home. Mr. San Juan
has been paying taxes for a three-family home since the
reassessment. Mr. San Juan states that the Building Inspector, Ugo
Checchi at the time, gave him permission to go ahead and build a
third apartment. Mr. Checchi stated that he was only temporary and
that he did' not get a chance to issue the permit.
Mr. Fitzpatrick stated that there should have been records; wordof-mouth does not apply, Mr. Spencer stated that Mr. San Juan's
case is a hardship and that, if the Board wishes, Mr. San Juan
could be granted a variance. Mr. Spencer stated that the Board
would be giving a variance for a three-family residence in a
manufacturing zone.

*&lt;£*&lt;&amp;&amp;&amp;&gt; "St^ii '.ladjate-''**'^SSJs^SftSj^feie^gi^gilg
»»•£»-------

�Mr. Paolantonio made a motion to close the public hearing, seconded
by mr. Pujadas. Motion carried unanimously.
DISCUSSION
Mrs. Galgano asked Mr. Margotta if there was another exit on the
third floor. Mr. Margotta stated that there is not and that a
second set of stairs would have to be added. The stairs would have
to comply with the Building Code. Discussion ensued.
Mr. Paolantonio made a motion to determine that the granting of the
proposed variance would be a Type II SEQRA action which will have
no adverse material impact on the environment, seconded by Mrs.
Galgano. Motion carried unanimously.
Mr Paolantonio made a motion to grant the variance subject to the
inspection by the Building Inspector and his analysis of the
building as it now stands. Mr. San Juan must comply with all of
the codes of the village; and he has to correct any violations.
(Mr. San Juan was given 90 days as of October 21, 1992)
This
motion was seconded by Mr. Pujadas. Motion carried 4-1 with Dr.
Masias voting "no".
IN THE MATTER OF THE IMMACULATE CONCEPTION CHURCH, 199 NORTH
BROADWAY, NORTH TARRYTOWN, NEW YORK
Mr. John Hughes, Esq. , who is representing the Immaculate
Conception Church, came before the Zoning Board and stated that
this is merely an extension of those variances which were granted
in 1990, and subsequently renewed in 1991, to permit.the conversion
of the residential building owned by the church, into six
units(condominiums).
Mr. Hughes asked the Board if it would consider extending the
variances for one more year. His client is confident of arranging
the various grants which are needed to begin this project—a notfor-profit affordable housing project. The reason that it has been
so long is because the grants, which have to come from New York
State, take two or three years to get through. Mr. Hughes' client
is confident in receiving the grants in early 1993. The last item
needed in order to continue is one more extension from the Zoning
Board.
Ms. Judith Washburn, who resides at 180 North Washington Street,
stated that she is concerned as to why the neighbors were not
informed about the Planning Board meeting. Mr. Spencer stated that
there was a public notice in the newspaper and that a mailing was
not required.
Ms. Washburn asked Mr. Hughes if any changes were made in the site
plans and if the surrounding properties would be protected. Mr.
Hughes responded that no changes have been made in the site plan.
2

�Mr. Fitzpatrick stated that it would be up to the contractor to
project any adjacent properties.
Mr. Paolantonio made a motion to close the public hearing, seconded
and carried unamimously.
DISCUSSION
Mr. Paolantonio made a motion to determine that the granting of the
extension would be a Type II SEQRA action which will have no
adverse material impact on the environment, seconded, by Mrs.
Galgano. Motion carried unanimously.
Mr. Paolantonio made a motion to grant an extension for one year,
seconded by Dr. Masias. Motion carried unanimously.
IN THE MATTER OF UGO CHECCHI, 51 COLLEGE AVENUE, NORTH TARRYTOWN,
NEW YORK
This public hearing is being held to hear and consider an
application by Ugo Checchi for a certificate of occupancy for
premises at 51 College Avenue as a three-family residence.
Mr. Checchi came before the Zoning Board and, instead of submitting
proofs of receipts, he submitted a list of the residents who have
been contacted personally.
An affidavit was submitted to the
Zoning Board which stated that Mr. Checchi delivered notices,
personally, to the owners. Mr. Checchi stated that the house was
purchased by his parents approximately 50 years ago. He found out
that the village had a record of the house listed as a two-family
residence. When the house was reassessed, it was assessed for a
three-family home.
Mr. Belanich stated that he knows Mr. Checchi, and that he has been
in the home. Since 1958 it has been a three-family home.
Mr. John Valancick, who resides at 67 College Avenue, stated that
he has known Mr. Checchi since 1959, and that, to his knowledge,
Mr. Checchi's has been a three-family home since 1964.
Dr. Masias made a motion to close the public hearing, seconded by
Mrs. Galgano. Motion carried unanimously.
DISCUSSION
Dr. Masias stated that he would check the names on the list to make -•
sure that the owners were notified.
Mr. Checchi stated that he has always lived there and the house has
always been a three-family residence. Discussion ensued.
3

�Mrs. Galgano stated that she is uncertain about the list and would
check with some owners.
Dr. Masias made a motion to adjourn this matter until the next
Zoning Board meeting, so that all of the correct people might be
notified prior to the meeting, seconded by Mrs. Galgano. Motion
carried unanimously. (Mr. Checchi is required to mail the notice
to anyone who owns property within 200 ft. and does not live in
North Tarrytown).
IN THE MATTER OF EDWARD
TARRYTOWN. NEW YORK

BELLIVEAU,

7 BARNHART

AVENUE, NORTH

This public hearing was not held due to the fact that there were no
representatives. This public hearing was adjourned until the next
Zoning Board Meeting.
IN THE MATTER OF NEHMAT CURI, ELIAS ABDOU AND JOUHANA ABDOU, 270
NORTH WASHINGTON STREET, NORTH TARRYTOWN, NEW YORK
This public hearing was not held due to the fact that there were no
representatives. This public hearing was adjourned until the next
Zoning Board meeting.
MINUTES
Mr. Fitzpatrick stated that the minutes will be approved at the
next meeting to allow the Zoning Board more time in reviewing the
minutes. Also, two members were absent.
Being no further business, the meeting was adjourned at 9:30 PM.
Respectfully submitted,
Christine A. Yurkovic
Recording Secretary

4

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