https://sleepyhollow.localarchives.org/files/original/0408e87503c401c2368ef17811489210.pdf 3a3fd84faecc9677fd36f451c8a7f9da PDF Text Text Approved respect to substance and form; Droved with r yd* J A* Village Attorney Dated: ^ ^ Approved by the Zoning Board chairma*f or Aoting/^nairroan Dated: Filed with Village Clerk a. Clerk or Deputy Cleric Dated: z/jjtj NOVEMBER 18. 1992 Date of Meeting • .„-, .,"..- ~ ,^z-,£4M:%V^~^W-X^ �REGULAR MEETING NORTH TARRYTOWN, N.Y. November 18, 1992 FINAL A regular meeting of the Zoning Board of Appeals was held on November 18, 1992 at 8:00 PM in Village Hall. PRESENT: George Fitzpatrick, Chairman Costas Boumis Mary Galgano John Morabito Michael Masias Frank Paolontonio ALSO PRESENT: James Margotta, Building Inspector Robert Spencer, Village Attorney ABSENT: Juan Pujdas IN THE MATTER OF LEONCTO MOLINA, 15 COLLEGE AVENUE, NORTH TARRYTOWN, NEW YORK. Mr. Robert Bar stow who is representing Mr. Molina came before the Zoning Board and presented receipts for mailing notices to adjoining owners. Mr. Barstow stated that Mr. Molina is proposing to construct a two bedroom, one story addition towards the front of the structure which is an existing eight family apartment house. Mr. Molina receive a Zoning Board variance in early 1991 for eight (8) parking spaces. At this time his family has grown and his own unit is in need of additional bedroom space. This expansion would include one bath. The site plan shows a foot print (plan) for this addition. The dwelling now has a variance for parking. There are eight (8) spaces. One more space would be needed. The front yard set back will be 21 feet (20 feet required) . Presently there are three existing bedrooms in the Molina unit. There are 22 tenants plus Mr. Molina's family in the house. Mrs. Judith Washburn stated that there was a letter in the Zoning Board files that at the time the first variance was granted that some consideration be given to the density of the property. Since then the disturbance has become worse. The density is far above what it should be. Mrs. Judith Petcoff stated that Mr. Molina does not have enough parking spaces and the house is overcrowded. Mrs. Petcoff resides on the west side of the house. Mr. Fitzpatrick stated that the size of the house is within the parameters allowed by the Zoning Code. �\ Mr. Belanich asked who the notice was sent to. He had received a notice the first time but not the second time. Mr. Margotta stated that Mr. Belanich may not be within 200 ft. Mr. Belanich feels that there is not enough room on the property. He would like to postpone this application until next month. Mr. Mike Galella stated that as a neighboring homeowner he feels that the house is over crowded. He has been in the house and actually it is a boarding house. Mr. Barstow stated that there are eight kitchens. Mr. Molina meets all the legal requirements for the apartments. It was a rooming house, but it is not now. Mr. Galella stated that the parking situation is difficult. Mr. Washburn stated that there is noise late at night, body work on cars being done and it seems that there is no consideration for other neighbors. This situation should be looked into. Mr. Fitzpatrick stated if body work is being done it should be reported to the Building Inspector. Mr. Armando Galella stated that his property is across the street from Mr. Molina. Mr. Galella asked the Board if they wanted to stop over crowding in the Village. By allowing more bedrooms in the Molina house you are allowing crowding. Mr. Molina could put the addition in the back of the property. A motion was made by Mr. Morabito to close the public hearing, seconded by Dr. Masias. Motion carried unanimously. Mrs. Galgano asked how many apartments are on the first floor? Mr. Barstow answered two apartments. There are also two basement apartments. Mr. Morabito asked what is the size of the addition? Mr. Barstow stated that is roughly 550 sq. ft. proposed. Mr. Morabito stated that it was quite large. Dr. Masias stated that the Board has to take into consideration what residents have said concerning the noise, overcrowding and parking. He feels that there is no space left. Mr. Bournis is concerned about the variance that was already granted. Mr. Fitzpatrick stated that this postponed. Discussion ensued. application should not be Mr. Masias made a motion to deny the variance, seconded by Mr. Morabito. Motion carried. Vote: 5-1 with Mr. Bournis abstaining. IN THE MATTER OF RICHARD AND CINDY JONES, 650 RIVERSIDE DRIVE, NORTH TARRYTOWN. NEW YORK John Hughes, Jr. Esq. who is representing Mr. and Mrs. Jones presented receipts of mailing of notices to adjoining owners to the clerk. -2- --« iS-«*-.-«- --R- n =*w~-i. ,| s*''; *v*I^i£^i^>^-«^f*W*ai£fc«?gfe �Mr. Hughes stated that his clients own one of the largest homes in Sleepy Hollow Manor which is approximately 4,000 sq. ft. and have owned it for over four years. Mrs. Jones' parents are elderly and her father does have Alzheimer's disease. The Jones now have to make a decision whether or not to use the facilities of a nursing home. Mrs. Jones' parents are still married and would like to stay together. The proposal is to have Mrs. Jones' parents reside at 650 Riverside Dr. for a two year period. At the end of the two year period the Zoning Board can again review this situation. The dwelling has three (3) floors of living area. The Jones live in the second and third floor. The plan is to have Mrs. Jones' parents live on the first floor which is living space. It is wheel chair accessible. There will be no modifications to the house. The Jones would like to put a kitchen in the first floor area because the Jones work and her mother would have to take care of Mr. Jagodink. Mr. Jagodnik cannot proceed up the stairs without assistance, assistance that Mrs. Jagodnik may not be able to provide. The idea would be to have a small kitchen so it would be more convenient for the Jagodniks. Mr. Hughes also stated that when this use ceases the kitchen will be removed. Mr. Margotta stated that this home has handicap accessibility. Mr. George O'Hanlon who resides at Two Lake Shore Close stated that this is a use variance, not an area variance, and he believes that what has been said does not meet the requirements of a use variance. He also stated that this house is not unique. This house is zoned as single family and should remain as single family. This is a hardship variance which is not sufficient. Mr. George Hritz who is a neighbor and also the President of the Sleepy Hollow Taxpayers Association is speaking as a neighbor. He commended the Jones for the act they are taking. As a neighbor it does not cause a problem and they have always been good neighbors. Speaking on behalf of the Association he feels that it is the consensus of the Board that this particular application is one that would be supported. Mr. Sachiano who lives on the opposite side of the Jones understands what the Jones are going though and he has no objection. He was curious as to why it is being called an apartment. Mr. Fitzpatrick stated that when you create another kitchen you create an apartment. Mr. Cicchetti stated that his understanding of a use variance would mean changes to a house which then would be designated as a twofamily house. If the variance can be given without designating it as an apartment then he would have no objections. If there is any change in the conditions, the variance should be terminated. Ms. Mary Friedner stated that her property adj oins the Jones' �property at the rear. She knows the Jones very well and knows that they are very honorable. Mr. Morabito made a motion to close the Public Hearing, seconded by Mrs. Galgano. Motion carried unanimously. DISCUSSION Mr. Paolantonio stated that he understands the situation the Jones are in and he is very much in favor of granting this variance. Dr. Masias stated that he knows the cost involved in a nursing home and feels that they should be commended. Mrs. Galgano's concern is that Mrs. Jones' father is not able to use the kitchen and that her mother is not well. How would she operate in the kitchen area. Mr. Paolantonio stated that Cindy Jones' mother is well and capable of taking care of herself. Discussion ensued. A motion was made by Mr. Morabito to determine that the granting of the variance will be a Type II SEQRA action which will have no material adverse impact on the environment, seconded by Mr. Paolantonio. Motion carried unanimously. A motion was made by Mr. Morabito to approve the application with the following conditions. 1. There will be no outside modification to the home; 2. There will be four residents residing at 650 Riverside Drive, plus a caregiver during the day, if required; 3. After a two-year term the Jones would have to come back to the Zoning Board for a review; 4. The kitchen will be removed when the Jones' parents vacate the premises or upon the sale of the premises, seconded by Dr. Masias. Motion carried unanimously. IN THE MATTER OF MAXIMO SAN JUAN, 28 HUDSON STREET, TARRYTOWN, NEW YORK „ _ _ _ _ ^ Mr. San Juan stated that he was making progress. Mr. San Juan will meet with Mr. Turnquest for plans. This application will be continued meeting. at the next Zoning Board IN THE MATTER OF NEHMAT CURI, JOHANNA AND ELIAS ADOUD, 270 NORTH WASHINGTON STREET. NORTH TARRYTOWN, NEW YORK Mr. Barstow stated that he is the architect and would like a continuance since the applicant is not present. Mr. Fitzpatrick stated that this was the second continuance. -4- �Mr. Paolantonio made a motion to adjourn this matter until next month's meeting, seconded by Mr. Morabito. Carried unaminously. The applicant is required to re-notice the residents who own property within 200 ft. IN THE MATTER OF UGO CHECCHI, 51 COLLEGE AVENUE, NORTH TARRYTOWN, NEW YORK Mr. Checchi will have to re-notify all people who own property within 200 ft. (Registered receipt mailings are required) Dr. Masias made a motion to deny the request for the interpretation of the existing residence, seconded by Mr. Morabito. Motion carried unanimously. Mr. Paolantonio made a motion to reconsider the above motion, seconded by Mr. Boumis. Motion carried unanimously. Mr. Boumis made a motion to adjourn the matter until next month and instruct counsel to send a letter to Mr. Checchi stating that he must appear at the December meeting with registered receipt mailings to owners as required. If this is not completed the matter will be denied and he will have an illegal apartment, seconded by Mr. Morabito. Motion carried unanimously. A request will be made to the Board of Trustees to mandate mailings and also have certified mailing acceptable. IN THE MATTER OF EDWARD BELLI VEAU, 7 BARNHART AVENUE, NORTH TARRYTOWN. NEW YORK Mr. Belliveau will be instructed by counsel to renotify the owners who reside within 200 ft. Ms. Angela Shibetti suggested that if an applicant will not be present, the Board should notify neighbors that the application will be postponed. Mr. Fitzpatrick stated that the adjournment is unfortunate, but the neighbors will be notified if the applicant decides to submit another application. A motion was made to approve the minutes of September 16, 1992, seconded by Mrs. Galgano. Motion carried unanimously. A motion was made by Mrs. Galgano to approve the minutes of October 21, 1992, seconded by Mr. Paolantonio. Motion carried. Vote: 4-2, with Mr. Boumis and Mr. Morabito abstaining. Mr. Paolantonio made a suggestion that instead of signing affidavits he would like to have the people come before the board to testify under oath. Discussion ensued. -5- �Mr. Morabito made a motion to change the application to say they must appear, seconded by Mrs. Galgano. Motion carried Vote: 5-1 with Mr. Boumis stating no. Mr. Boumis made a motion to adjourn the meeting, seconded by Mr. Morabito. Motion carried unanimously. The meeting was adjourned at 10:00 PM. Respectfully submitted, Christine A. Yurkovic Recording Secretary -6- �MARONEY PONZINI & SPENCER A T T O R N E Y S & C O U N S E L O R S AT L A W 14 NORTH BROADWAY TARRYTOWN. NEW YORK T H O M A S W. MARONEY ROBERT J . PONZINI ROBERT W. S P E N C E R * LORI A. ALESIO • LAURA COPLANO * REGINA F. KELLY * BRIAN O. MURPHY KENNETH E. POWELL JOSEPH A. STARGIOTTI* MARIANNE STECICH T E L E P H O N E : ( 9 1 4 ) 631-1176 LARCHMONT OFFICE 1 8 9 0 PALMER AVENUE LARCHMONT. NY I 0 5 3 S (914) 8 3 4 - O I O O 10591 FAX: ( 9 1 4 ) 631-2384 CONNECTICUT OFFICE 4 6 0 SUMMER STREET. 4 T H FLOOR STAMFORD. CT 0 6 9 0 1 (203) 3 5 8 - O S 0 6 COUNSEL THOMAS R. CONSTABILE. JR. MARK L. DAVIES J O H N C. POLERA MICHAEL K. STANTON. JR. JOSEPH E. S T . ONGE • A L S O ADMITTED IN CT • ALSO ADMITTED IN NJ November 23, 1992 Mr. Leoncio Molina 15 College Avenue North Tarrytown, New York 10591 Dear Mr. Molina: This is to advise you that the Zoning Board of Appeals of the Village of North Tarrytown denied your application for an area variance at the meeting on Wednesday, November 18, 1992. Sincerely, NEY PONZINI & SPENCER Robert W. RWS/ab Enclosure cc: John Hughes Angela Everett �MARONEY PONZINI & A T T O R N E Y S S. C O U N S E L O R S AT SPENCER LAW 14 NORTH BROADWAY TARRYTOWN. NEW YORK 1 0 5 9 1 THOMAS W. MARONEY ROBERT J . PONZINI ROBERT W. S P E N C E R * TELEPHONE: (914) 631-1176 LARCHMONT OFFICE LORI A. ALESIO » LAURA COPLAND * REGINA F. KELLY • BRIAN D. MURPHY KENNETH E. POWELL JOSEPH A. STARGIOTTI* MARIANNE STECICH 1 8 9 0 PALMER AVENUE L A R C H M O N T . NY 1 0 5 3 8 (914) 8 3 4 - O I O O 4 6 0 FAX: (914) 6 3 1 - 2 3 8 4 CONNECTICUT OFFICE SUMMER STREET. 4 T H FLOOR STAMFORD. CT 06901 COUNSEL THOMAS R. CONSTABILE. JR. MARK L. OAVIES J O H N C- POLERA MICHAEL K. STANTON. JR. JOSEPH E. ST. ONGE (203) 3 5 8 - 0 8 0 6 * A L S O AOM1TTEO IN CT • ALSO ADMITTED IN NJ November 23, 1992 Mr. Ugo Checchi 51 College Avenue North Tarrytown, New York 10591 Dear Mr. Checchi: This is to advise you that the Zoning Board of Appeals of the Village of North Tarrytown adjourned the hearing on your request for a determination that your house is a grandfathered nonconforming three (3) family residence. The matter will be scheduled for a hearing on the third Wednesday of December. At that time you will be required to produce receipts of a mailing of the notice of the hearing sent to the list of owners on the list provided to you by Jim Margotta. The Zoning Board of Appeals will not accept an affidavit by you of personal service on the owners of the adjoining properties. Please make sure that you have available for filing with the clerk the green receipts from the mailings. Very truly yours, EY PONZINI & SPENCER 'w Robert W. (spencer RWS/ab Enclosure cc: Angela Everett 28 Beekman Avenue North Tarrytown, New York 10591 _^_iai»ifc_ Ifi^lS ^ . ' # f t i * - S l » : la&Sfc&as �MARONEY PONZINI & ATTORNEYS T H O M A S W. MARONEY ROBERT J. PONZINI ROBERT W. SPENCER* LORI A. ALESIO LAURA COPLAND REGINA F. KELLY * BRIAN O. MURPHY KENNETH E. POWELL J O S E P H A. STARGIOTTI* MARIANNE STECICH SPENCER & C O U N S E L O R S AT L A W 14 NORTH BROADWAY TARRYTOWN. NEW YORK 1 0 5 9 1 TELEPHONE: (914) 6 3 I - I I 7 S FAX: (914) 6 3 1 - 2 3 8 4 LARCHMONT OFFICE CONNECTICUT OFFICE 1 8 9 0 PALMER AVENUE L A R C H M O N T . NY 1 0 5 3 8 (91-*) 8 3 4 - O I O O 4 6 0 SUMMER STREET. 4 T H FLOOR STAMFORD. CT 0 6 9 0 1 (203) 3 5 8 - 0 8 0 6 COUNSEL THOMAS R. CONSTABILE. JR. MARK L. OAVIES J O H N C. POLERA MICHAEL K. STANTON. JR. J O S E P H E. ST. ONGE • A L S O ADMITTED IN CT • ALSO ADMITTED IN NJ November 23, 1992 Nehmat Curi, Ellas Aboud and Jouhana Aboud 270 North Washington Street North Tarrytown, New York 10591 Dear Applicant: This is to advise you that the Zoning Board of Appeals of the Village of North Tarrytown adjourned the hearing on your application for variances to the third Wednesday of December for a hearing. You will" be required to show proof of mailing of notices of the hearing to the adjoining owners as set forth on the list supplied to you by James Margotta, the Building Inspector. You will not be permitted to undertake any construction on the premises for which the variances are required until such time as you actually receive the variances. Any work done before you obtain the variance may be ordered removed by the building inspector. Very truly yours, ONE* PONZINI & SPENCER Robert W. S RWS/ab cc: Angela Everett 28 Beekman Avenue North Tarrytown, New York 10591 4^>'-> •^^-^^^^^^^^^^^•^^sAs^s^ �MARONEY PONZINi & SPENCER A T T O R N E Y S & C O U N S E L O R S AT LAW 14 N O R T H BROADWAY T A R R Y T O W N . NEW Y O R K THOMAS W. MARONEY ROBERTO. PONZINI ROBERT W. S P E N C E R * TELEPHONE: (914) 631-1176 LARCHMONT OFFICE 1 8 9 0 PALMER AVENUE LARCHMONT. NY I O S 3 8 (914) 8 3 4 - O I O O LOR! A. ALESIO LAURA COPLAND REGINA F. KELLY • BRIAN D. MURPHY KENNETH E. POWELL JOSEPH A. STARGIOTTI* MARIANNE STECICH 10591 FAX: ( 9 1 4 ) 631-2384 CONNECTICUT OFFICE 4 6 0 SUMMER STREET. 4 T H FLOOR STAMFORD. CT 0 6 9 0 1 (203) 3 5 8 - 0 8 0 6 COUNSEL THOMAS R. CONSTAB1LE. JR. MARK L. OAVIES J O H N C. POLERA MICHAEL K. STANTON. JR. J O S E P H E. S T . ONGE • A L S O ADMITTED IN CT * ALSO ADMITTED IN NJ November 23, 1992 Mr. Edward Belliveau 7 Barnhart Avenue North Tarrytown, New York 10591 Dear Mr. Belliveau The records of the Zoning Board of Appeals of the Village of North Tarry town indicate that you withdrew your application for a variance in September. If you intend to renew the application for a variance in the future, you will have to provide notice to your adjoining land owners and public notice will have to be published in the newspaper by the Village. Please advise the Building Inspector whether you intend to refile an application for a variance. Very truly yours, EY PONZINI & SPENCER J '/W Robert W. Spencer RWS/ab Enclosure cc: : r~7- ~ — Angela Everett 28 Beekman Avenue North Tarrytown, New York 10591 - jt~*.; H-- _-^f pJ.--<j*-jfe&. d ^ ^ j ^ i ^ M t e a y e ^ i i g ^ �MARONEY PONZINI ATTORNEYS & SPENCER 6. C O U N S E L O R S A T L A W 14 NORTH BROADWAY TARRYTOWN, NEW YORK 1 0 5 9 1 THOMAS W. MARONEY ROBERT J . PONZINI ROBERT W. SPENCER* TELEPHONE: (914) 631-1176 LARCHMONT OFFICE LORI A. ALESIO LAURA COPLAND REGINA F. KELLY * BRIAN O. MURPHY KENNETH E. POWELL JOSEPH A. STARGIOTTI* MARIANNE STECICH 1 8 9 0 PALMER AVENUE L A R C H M O N T . NY 1 0 5 3 8 (9IA) 8 3 4 - O I O O 4 6 0 FAX: (914) 6 3 1 - 2 3 8 4 CONNECTICUT OFFICE SUMMER STREET. 4 T H FLOOR STAMFORD. CT 0 6 9 0 1 (203) 3 5 8 - 0 8 0 8 COUNSEL THOMAS R. CONSTABILE. JR. MARK L. DAVIES J O H N C. POLERA MICHAEL K. STANTON. JR. J O S E P H E. ST. ONGE • A L S O ADMITTEO IN CT • ALSO ADMITTED IN NJ November 23, 1992 Mr. and Mrs. Richard Jones 650 Riverside Drive North Tarrytown, New York 10591 Dear Mr. and Mrs. Jones: This is to advise you that the Zoning Board of Appeals of the Village of North Tarrytown approved your application for a use variance to permit the installation of a kitchen in the basement of your residence under the following terms and conditions: 1. There will no outside modifications to your house. 2. There will only be four (4) people residing in the house plus a caretaker, if necessary in the future. 3. You will remove the kitchen if and when your parents vacate the house. 4. The basement area is not to be considered a separate apartment. 5. You will not be permitted to rent the basement area. 6. The variance will terminate automatically upon your sale of your residence. 7. The variance will be subject to review by the Zoning Board of Appeals in two years. Very truly yours, )NEY/PONZINI & SPENCER J RtfbeTt W RWS/ab Enclosure^ 1^ encer cc: Angela Everett 28 Beekman Avenue North Tarrytown, New York 10591 � 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_1992-11-18 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