https://sleepyhollow.localarchives.org/files/original/843ccb323fa2537980e4315906bdb77b.pdf ee13007cb791acee65961b65c7bf9b9d PDF Text Text Approved wi to substance and form: Board Dated: irman 7/J?S/9^ Filed with Village Clerk CTerlc^or Deputy Clerk Dated: -/J^fV Date of Meeting/ ~ �NORTH TARRYTOWN, N.Y. MAY 19TH, 1993 REGULAR MEETING A regular meeting of the Zoning Board of Appeals of the Village of North Tarrytown was held on Wednesday, May 19th, 1993 in the Village Hall, North Tarrytown, New York. PRESENT: George Fitzpatrick Rhonda Mauhs John Morabito Michael Masias Mary Galgano ABSENT: Frank Paoloritonio Juan Pujadas ALSO PRESENT: Donal Walsh, Village Attorney James Margotta, Building Inspector Chairman Fitzpatrick called the meeting to order at 8:10 P.M. 1. Maximo San Juan, 28 Hudson Street-Status report of secondary means of egress. . Mr. San Juan stated that his Architect was working on the plans for the secondary means of egress. Chairman Fitzpatrick informed Mr. San Juan that he had sixty days to complete the planscfonithe.-project and return to the July meeting of the Board with a status report. Mr. San Juan agreed to return to the July meeting with a report. 2. Josephine Moore, 167 Beekman Avenue-Public Hearing-Install an above ground pool. ___ Clerk read the public hearing notice to hear and consider an application by Josephine Moore for a variance to permit the erection of an above ground swimming pool at 167 Beekman Avenue', (Section 15, Block 9, Lot 4 on the tax assessment map of the Village of North Tarrytown). There is a side yard setback on each side of the property of only 6.6 feet (a minimum of 10 feet is required). Ms. Moore presented the Affidavit of Service of notices to the Clerk. Mr. Walsh stated he had previously represented members of Ms. Moore's family and would not participate in the hearing. Ms. Moore stated she wished to install a pool at her residence in order for her daughter and herself to exercise, and her neighbors had no objections. The pool would be approximately 12 feet round and only 4 feet deep. �-2There being no further comments, Mr. Morabito moved, seconded by Mrs. Galgano that the hearing be closed. Carried. Discussion followed and Mr. Morabito moved, seconded by Mrs. Galgano, that the proposed action is a Type II action under SEQRA and will have mimimal adverse impact on the environment. Unanimously carried. Thereupon, Mr. Morabito moved, seconded by Dr, Masias that the variance be granted to permit the erection of an above ground swimming pool as requested. Unanimously carried. 3. James Boumis, 47 Lawrence Avenue-Certificate of Occupancy for three-family residence. Clerk read the public hearing notice to hear and consider an application by James Boumis for a determination that the premises at 47 Lawrence Avenue, North Tarrytown (Section 15, Block 13, Lot 29 on the tax assessment map of the Village of North Tarrytown) are a legal pre-existing three-family residence (the records of the Building Department indicate that the building is only a two-family residence). Mr. Boumis presented the Affidavit of Service of notices to the Clerk. Mr. Costas Boumis stated he was appearing for his father, the owner of 47 Lawrence Avenue. He stated he would like the village to update their records to reflect the premises at 47 Lawrence Avenue as a three family residence. Mr. Boumis presented documents from the N.Y.S. Dept. of Housing indicating the premises were a pre-existing threefamily residence. He stated the premises were inherited by his father from his uncles and had always been a three-family residence. There being no further comments, Mr. Morabito moved, seconded by Mrs. Galgano that the hearing be closed. Carried. Mr. Morabito moved, seconded by Dr. Masias that the proposed action is a Type II action under SEQRA and will have minimal adverse impact on the environment. Unanimously carried, Mr. Morabito moved, seconded by Dr. Masias that the village records be corrected to reflect the premises at 47 Lawrence Avenue as a three family residence, and that the application be granted as requested. Carried. 4. Charles Pateman, corner North Broadway & Gordon AvenuePublic Hearing-Erection of Car Wash. ' Clerk read the public hearing notice to hear and consider an application by Charles Pateman for a variance to permit the construction of a car wash facility at the corner of North Broadway and Gordon Avenue (Section 17, Block 21, Lots 39-44 on the tax assessment map of the Village of North ^Kik4*^%T8Stea^#iK^i=JiSli'iES*^5i l*-sH*&M3**Vss&&s �-3Tarrytown). The applicant will be required to obtain a variance to permit the construction and operation of a gasoline service station within three hundred (300) feet of an existing gasoline service station or a museum. Richard Blancato, Attorney for Mr. Charles Pateman stated the application was for an interpretation of the code, as they felt a variance was not needed, and they herewith withdraw their application for a variance. He stated they felt a car wash is permitted under the ordinance. Mr. Fitzpatrick asked if there was anyone present who would like to address the Board on the matter. Mr. Hritz, representing Sleepy Hollow Manor Improvement Association stated the Association was against -the granting of a variance for a car wash and felt that an interpretation of the code was needed, but had not been notified prior to the meeting. A letter was sent to the JBbard from the Association voicing their objections to the use of the property as a car wash. They felt there would be traffic tieups in an area already very congested. Mr. Blancato stated that the use of the property is not an issue before the Board. Mr. Cappello read a statement signed by many neighbors of the area, opposing the car wash in an already dangerous intersection. Mr. Fitzpatrick stated the Board was interested only in a "use variance" or an "area variance". The traffic problem will have to be dealt with by the Planning Board. Mr. Eugene Buonanno, Gordon Avenue stated it would be a disaster to allow a car wash in the area, and ii: would be encroaching on a residential street. Mr. Carmen Capossela stated he has lived at the corner of Gordon Avenue and Rice Avenue since 1950 and the street is a traffic nightmare and the variance should be denied. Mr. John Meade, Gordon Avenue asked where the cars for the car wash would park as the street allows parking on one side only, and it is always congested. He also stated that Gordon Avenue does not line up with the intersection of Lawrence Avenue and creates a dangerous situation. Mr. Fitzpatrick stated that all comments should be addressed to the Planning Board when the matter comes before them. Discussion followed regarding interpretation of "service station" and "gasoline service station". Mr. Walsh stated that the Planning Consultants were making an in depth study of the matter and that the Planning taJ^^k^^±^^^ii^^£^^t^^^^*^'^^^^^^^^^^^^^^^ �-4- Consultants have stated the Board should not render a decision until they have all the pertinent information, including the environmental assessment forms. There being no further comments to come before the Board, Mrs. Galgano moved, seconded by Dr. Masias to close the public hearing. Unanimously carried. Mr. Blancato stated they would go before the Planning Board, but they would like an interpretation of the . Code as they do not want to waste time and money and be told a car wash would not be allowed* He stated he would submit a brief to the Board outlining the issue.. Mr. Fitzpatrick stated the Board would not render a decision until all th facts were presented to the Board. 5. Mr. & Mrs. Arlindo Ruivo, 39 Depeyster Street- Public Hearing-Subdivide and erect four-family residence. . Clerk read the public notice of hearing to hear and consider an appeal by Arlindo Ruivo of Lawrence Avenue, North Tarrytown, New York from a decision of the Building INspector in denying an application for a building permit to subdivide the premises located at the corner of North Washington Street and Depeyster Street (known as 151 North Washington Street) and to construct a four (4) family residence adjacent and immediately to the north of the existing residence. This proposal will violate Section 62-8 (b) of the Zoning Code in that the existing improvement will be set back 10.5 feet from the rear property line where the Zoning Code requires 25 feet set back. The premises are known as Section 16, Block 12, lot 2 on the tax assessment records of the Village of North Tarrytown. Mr. Fitzpatrick asked if there was anyone present who would like to address the Board. Mr. John Hughes, Jr., representing Mr. & Mrs. Ruivo stated that the property is in an R-5 Zone and they propose seven dwelling units in two buildings. The present building is set back 10.5 feet from the property line. In order to subdivide, a variance would be needed for the existing premises. The new building woulaconform to the code in all respects. On site parking will be proposed for approximately 8 cars. He stated that Mr. Riiivo had rehabilitated the existing premises and it enhances the neighborhood. He submitted approximately ten letters from neighbors who approve of the application. Mr. Hughes submitted Affidavit of Service of notices to the Clerk. Mr. Armando DiBiase stated that his family owns property at 23 Depeyster Street and 202 North Washington Street, which is across the street from the property in question. He stated his family objects to the granting of the variance due to the dangerous congestion in the neighborhood. He believes �-5that the request for reduction of setback is excessive and he opposes the granting of same. Mrs. Ann Wilson, representing 204 and .206 North Washington Street, stated they opposed the granting of the variance as it violates the Zoning Code. She stated it would block the space and air in an already congested area. She stated that the owner is a developer and only wants to make money. She stated that she believes a right to the light and air will be gone if this construction is allowed. Mr. Fitzpatrick stated that the Board has received several letters from neighbors who do not oppose the construction. Discussion:-!followed regarding the type of construction and Mr. Margotta stated that the A.R.B. would make them conform to the type of construction in the area. There! being no further comments Mr. Morabito moved, seconded by Mrs. Galgano that the hearing be closed. Carried. Discussion followed and Dr. Masias stated that he felt the project would have an adverse effect on the neighborhood and felt that the hardship was self-created. Mr. Fitzpatrick stated there was insufficient detail on the drawings and he would like elevations on the drawings. Dr. Masias moved, seconded by Mrs. Galgano that the application be denied. Unanimously carried. Minutes Mr. Morabito moved, seconded by Dr. Masias that "tine minutes of the meeting held on February 17th, 1993 be approved as submitted. Carried. Mr. Morabito moved, seconded by Dr. Masias that the minutes of the meeting held on March 23rd, 1993 be approved as submitted. Carried. Mr. Morabito moved, seconded by Dr. Masias that the minutes of the meeting held on April 21st, 1993 be approved as submitted. Carried. After a discussion it was determined that an applicant must request a postponement in person and the Board would then determine how long the postponement would be. There being no. further business to come before the Board Mr. Morabito moved, seconded by Dr. Masias that the same be duly adjourned. Carried. � 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-1993 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_1993-05-19 Subject The topic of the resource Zoning Board Minutes & Resolutions-1993 Date A point or period of time associated with an event in the lifecycle of the resource 1993 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