https://sleepyhollow.localarchives.org/files/original/8dee3c2ae173504a19b717f71f59f6e1.pdf ae33a1ab792f7bbbeabdcd5715519044 PDF Text Text \ ed with respect to substance and form: baL Village Attyorhey Dated: (/ '/U ^3 Approved by the Zoning Board Chairman. or. Actinsr Chairman Dated : ifat/p F i l e d w i t h V i l l a g e Clerk Lerk dy d& Deputy Clerk Deputy <Clerk Dated: (/%3~(<I?> DECEMBER.16, &m Date of Meeting j?9oL �Zoning Board of Appeals Regular Meeting December 16, 1992 Village Hall, North Tarrytown FINAL A regular meeting was held by the Zoning Board of Appeals on December 16, 1992 at 8:00 P.M., in Village Hall, North Tarrytown, New York. Members Present: George Fitzpatrick Frank Paolantonio Costas Bounds John Morabito Also Present: Robert W. Spencer, Esq. James Margotta, Building Inspector Absent: Mary Galgano Michael Masias Juan Pujadas IN THE MATTER OF ELIZABETH D. AXIN, 4 EVERGREEN WAY, NORTH TARRYTOWN, NEW YORK. Mr. Paolantonio made a motion to open the Public Hearing, seconded by Mr. Morabito. Motion carried unanimously. Mr. Sam Watkins stated that he was representing the applicant and has been before the Board on many occasions. In December of 1991 the Board granted an area variance for the lot which is at issue. The applicant is seeking an extension of the area variance for the property designated as Lot 1 on the subdivision map dated revised October 1, 1991. A contract for the properly sized lot has been signed. A contract for Lot 1 is about to be signed in the next week. There is a builder who plans to put a house on each lot and will be submitting applications for the building permits shortly. Mr. Steve Baderian stated that he is representing the President of Sleepy Hollow Taxpayers Association (SHTA) and other neighbors. The President of the Association provided Mr. Baderian with a statement which mentions that the application is here for another extension, what could be characterized as a grandfather of all grandfathers. In 1967 the Board of Trustees passed a law upgrading the zoning from 10,000 sq. ft. to 15,000 sq. ft. per lot. Under state law, owners of non-conforming lots had a three year window to build on substandard lots. The window closed in 1970. In 1990 the applicant's variance was overturned by the New York State Supreme Court. Thereafter the applicant was granted a variance by the Zoning Board and the SHTA did not appeal the decision. The copy of the current application and �contracts have not been made available to SHTA = A number of neighbors would have liked to be present at the meeting but were unable to attend, and Mr. Baderian asked the Board to either deny the extension or grant a one month extension of the hearing so the neighbors could present their case. Mr. Edmund Stoecklein is on the Sleepy Hollow Taxpayers Association Architectural Review Committee and the Committee strongly objects to a renewal of the variance which the Committee had originally opposed. There have been discussions with the builder who has the contracts. The builder has not come before the SHTA/ARB for approval to build on these lots. Mr. Stoecklein feels the builder should come and talk with the Association since there are objections. He has not done so. Mr. Stoecklein would like to have the neighbors at a Zoning Board meeting so they would be able to express their opinions. Mr. Fitzpatrick stated that public hearing notices were sent out, as required. Mr. Steve Salman stated that he was concerned - about the construction. He feels that the variance should not be approved. Mr. Watkins stated that this is an extension and not another application. Proper notice was given. Mr. Baderian stated that it is up to the applicant to show why the variance should be extended. The Board has been generous. Mr. Fitzpatrick recited a paragraph concerning extensions from the Zoning Code. Discussion ensued. The application was made before the variance expired. Mr. Spencer stated that as long as the same conditions exist now as they did when the area variance was granted, there could be an extension. Mr. Stoecklein stated that on behalf of the Sleepy Hollow Taxpayers Association he would like the hearing to be extended until next month's meeting so that everyone can testify. Mr. Stoecklein also stated that the lots are not very salable, which is the reason they cannot be readily sold. Mr. Watkins stated that he objects to the above statements because the builder called Mr. Stoecklein to try to work out certain items. Mr. Stoecklein said that he received the call and not the Association. Thomas and Melissa Moran stated that they received the notice on the afternoon of December 16th. Mr. Fitzpatrick stated that the notice was mailed on the third of December- If the notice was just received today, there may have been an error with the U.S. Postal Service. Mr. Spencer stated that the notice was also published in the newspaper. Discussion ensued. �Mr. Boumis made a motion to close the public hearing, seconded by Mr. Morabito. Motion carried unanimously. DISCUSSION Mr. Paolantonio stated that he doesn't believe anything has changed from 1991 to 1992, and would vote to extend the variance. Mr. Boumis stated that based on the record he would extend the variance. A motion was made by Mr. Morabito to determine that the granting off the extension will be a Type II SEQRA action which will have no material adverse impact on the environment, seconded by Mr. Paolantonio. Motion carried unanimously. Mr. Morabito made a motion to grant the extension of the area variance, seconded by Mr. Boumis. Motion carried unanimously. IN THE MATTER OP EDWARD BELLIVEAU, 7 BARNHART AVENUE, NORTH TARRYTOWN, NEW YORK. Mr. John Hughes, Esq. who is representing Mr. Belliveau distributed a memorandum and presented proof of mailing to the Board. Mr. Hughes stated that the premises is non-conforming, as are a number of other properties in the area. The first floor of the property is currently vacant. A variance is needed to do anything with the first floor property. A variance from the State Fire Board is also needed. It was suggested that the concept of a one or two family apartment be looked into. Theoretically, it can be done but North Tarry town does not prescribe the minimum square feet per apartment. It would not be a good idea because there could be more than one person in an apartment; therefore, more parking would be needed than the applicant's proposal to expand the rooming house. Also kitchens and plumbing would have to be installed. Mr. Hughes stated that only four rooms would be put in. The rooms would be the same as the current rooms throughout the rest of the building and the building next door. Without kitchens there will be fewer fire and construction problems. Parking that is across the street will be available. Thirty notices have been sent out and Mr. Hughes feels that the neighbors are not objecting to this use in view of the fact that only one property owner has objected. �Ms. Angela Swift who is the daughter of Mr. & Mrs. Shibetti owners of adjoining property, stated that the character of the Village has gone down hill. The Belliveaus are good neighbors. The Village is overpopulated to begin with. Ms. Swift suggested enlarging the existing rooms. Mr. Hughes stated that the properties in the area are nonconforming and that the neighbors who live in the area or own property have given this some thought and are probably comfortable with the application. Mrs. Joan Shibetti stated that she owns property near the Belliveau's and they have been wonderful neighbors. But she would like the Board to keep in mind that the variance would not only be given to the Belliveaus but also to anyone who owns the property in the future. Mr. Stoecklein stated that he is a licensed architect and he moved into North Tarrytown because he likes the diversity. The reason for the zoning requirements is to protect the environment. The percentages and numbers in the variance are out of line and the zoning ordinances should be enforced. Mr. Morabito made a motion to close the public hearing, seconded by Mr. Boumis. Motion carried unanimously. Mr. Fitzpatrick stated that most property in that area is substandard size lots. The bar had been there for years and everyone, including the neighbors, was glad to see it leave. Mr. Boumis stated that the Zoning Board has been established for these situations. The Zoning Board deals with pre-existing lots. Mr. Paolantonio stated that it is the responsibility of the Board to protect the rights of owners as well as Village rights. Mr. Morabito stated that no one knows when an owner may sell. He feels Mr. Belliveau is doing a great job. He also stated that if this variance was approved that maybe a sprinkler system should be put in. A motion was made by Mr. Morabito to determine that the granting of the variance would be a Type II SEQRA action which will have no material adverse impact on the environment, seconded by Mr. Paolantonio. Motion carried unanimously. Mr. Morabito made a motion to grant the application, seconded by Mr. Paolantonio. Mr. Morabito also added to the motion a stipulation that the garage across the street be offered to the four new tenants for their exclusive use, seconded by Mr. Paolantonio. Motion carried unanimously. �r * m IN THE NATTER OF UGO CHECCHI, 51 COLLEGE AVENUE, NORTH TARRYTOWN, NEW YORK This matter will be adjourned until the January Zoning Board meeting. A new legal notice will be published and the correct mailings are to be sent to the correct property owners. IN THE MATTER OF NEMAT CURI, 270 NORTH WASHINGTON STREET, NORTH TARRYTOWN, NEW YORK Mr. Poalantonio made a motion to adjourn this matter until the January Zoning Board meeting seconded by Mr. Morabito. Motion carried unanimously. MINUTES Mr. Poalantonio made a motion to approve the November 18, 1992 minutes seconded by Mr. Morabito. Motion carried unanimously. Being no further business, Mr. Boumis made a motion to adjourn the meeting seconded by Mr. Fitzpatrick. Motion carried unanimously. ^W The meeting was adjourned at 9:45 P.M. Respectfully submitted, Christine A. Yurkovic Recording Secretary • �MARONEY PONZINI S. S P E N C E R ATTORNEYS & C O U N S E L O R S AT LAW 14 NORTH BROADWAY TARRYTOWN, NEW YORK 1 0 5 9 1 THOMAS W. MARONEY ROBERT J . PONZINI ROBERT W. SPENCER* TELEPHONE: (91-4) 631-1176 LARCHMONT OFFICE 1 8 9 0 PALMER AVENUE LARCHMONT. NY 1 0 5 3 8 LORI A. ALESIO * LAURA COPLAND * REGINA F. KELLY • BRIAN D. MURPHY KENNETH E. POWELL JOSEPH A. STARGIOTTI* MARIANNE STECICH KATHLEEN M. HOPKINS December 2 1 , (914) 8 3 4 - O I O O FAX: ( 9 1 4 ) 6 3 1 - 2 3 8 4 CONNECTICUT OFFICE 4 6 0 SUMMER STREET. ATH FLOOR STAMFORD. CT 0 6 9 0 1 (203) 3 5 S - 0 8 0 6 COUNSEL THOMAS R. CONSTABILE. JR. MARK L. OAVIES JOHN C. POLERA MICHAEL K. STANTON. JR. JOSEPH E. ST. ONGE •ALSO ADMITTED IN CT • ALSO ADMITTED IN NJ 1992 Mr. William D. Akin c/o Duffy & Watkins 701 Westchester Avenue White Plains, NY 10604 RE: Village of North Tarrytown Dear Mr. Akin: This is to advise you that the Zoning Board of Appeals of the Village of North Tarrytown extended the area variance for tax lot 1 in order to permit such lot to be considered a building lot. You should obtain a building permit within the next twelve (12) months in order to preserve the variance. Very truly yours, toffEY PONZINI & SPENCER, ESQS. Robert wj Spencer RWS:ml cc: Angela Everett, Assistant Village Clerk JAN ( j (993 II^ �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 THOMAS W. MARONEY ROBERT J . 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 0 5 3 S (914) 8 3 4 - O I O O LORI A. ALESIO * LAURA COPLAND * REGINA F. KELLY * BRIAN D. MURPHY KENNETH £ . POWELL JOSEPH A. STARGIOTTI* MARIANNE STECICH KATHLEEN M. HOPKINS 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 3 0 8 0 6 COUNSEL THOMAS R. CONSTABILE. JR. MARK L. OAV1ES 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 December 21, 1992 Mr. Edward Belliveau c/o John J. Hughes, Jr. First National Bank Building 49 Beekman Avenue North Tarrytown, New York 10591 RE: Village of North Tarrytown Dear Mr. Belliveau: This is to advise you that the Zoning Board of Appeals for the Village of North Tarrytown granted your variance to permit the addition of four (4) rooms to your premises at 7 Barnhardt Avenue, North Tarrytown, New York. Very truly yours, (ONJEY PONZINI & SPENCER, ESQS. Robert W. Spencer RWS:ml V/ UlmnCLERK cc: Angela Everett, Assistant V i l l a g e Clerk ^5f^t^-^^=***^'#ifj!A*?fcAi%t;>?s^-<lf M&^z^£^M&tMms£&i^Ss6^iii^^^sM^^^^^^^^M^^^^^^^^^ �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 1-4 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 * LORI A. ALESIO * LAURA COPLAND • REGINA F. KELLY • BRIAN O. MURPHY KENNETH E. POWELL J O S E P H A. STARGIOTTI* MARIANNE STECICH KATHLEEN M. HOPKINS TELEPHONE: (914) 631-1176 LARCHMONT OFFICE 1 8 9 0 PALMER AVENUE L A R C H M O N T . NY 1 0 5 3 8 (914) S3-4-OIOO 4 6 0 FAX: (91-4) 6 3 1 - 2 3 8 - 4 CONNECTICUT OFFICE SUMMER STREET. 4 T H FLOOR STAMFORO. CT 0 6 9 0 1 (203) 358-OBOS 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 N J December 21, 1992 Mr. Ugo Checchi 51 College Avenue North Tarrytown, NY 10591 Dear Mr. Checchi: This is advise you that the Zoning Board of Appeals of the Village of North Tarrytown adjourned the hearing on your request for determination that your house is a grandfathered non-conforming three (3) family residence to the third Wednesday of January, 1993. Very truly yours, MARONEY PONZINI & SPENCER, ESQS Robert W. Spencer RWSrml cc: Angela Everett, Assistant Village Clerk �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 YORK THOMAS W. MARONEY ROBERT J . PONZINI ROBERT W. SPENCER* TELEPHONE: (914) 6 3 J - I I 7 6 LARCHMONT OFFICE 1 8 9 0 PALMER AVENUE LARCHMONT. NY I O S 3 Q (914) 8 3 4 - O I O O LORI A. ALESIO LAURA COPLAND REGINA F. KELLY * BRIAN O. MURPHY KENNETH E. POWELL JOSEPH A. STARGIOTTI* MARIANNE 5TECICH 10591 FAX: ( 9 1 4 ) 6 3 1 - 2 3 8 4 CONNECTICUT OFFICE 4 6 0 SUMMER STREET. <4TH FLOOR STAMFORD. CT 0 6 9 0 1 (203) 3 5 8 - 0 8 0 6 COUNSEL THOMAS R. CONSTABILE. JR. MARK L. DAVIES JOHN C. POLERA MICHAEL K. STANTON. JR. JOSEPH E. ST. ONGE •ALSO 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 f*>p Zoning, Board of Appeals in two years. i Very truly yours, )NEY/PONZINI & SPENCER J. Rtfbdrt W RWS/ab Enclosure^ encer LU JAN i \'m DFPUTY CLERK cc: Angela Everett 28 Beekman Avenue North Tarrytown, New York 10591 a � 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_1992-12-16 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