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Approved with respect to substance and form:

Village
Attorney
ge Attpr
Dated: /?M*/j£"V

&gt;y the Zoning, Board

Chairman
Dated:

Filed with Village Clerk

Clerk or ,Deputy Clerk

Dated: 7y£?P7f S

•

Date or Meeting

'

�•

A regular meeting was held by the Zoning Board of Appeals on
August 18, 1993 at 8:00 PM in Village Hall, 28 Beekman Avenue,
North Tarrytown, New York 10591
Members Present:

Absent:
Also Present:

George Fitzpatrick
Frank Paolontonio
Dr. Michael Masias
Mary Galgano
Rhonda Mauhs (Late Arrival)
John Morabito
Juan Pujadas
James Margotta, Building Inpector
Donal Walsh, Jr., Village Attorney

IN THE MATTER OF MR &amp; MRS R. DAVID, 14 0 WEBBER AVENUE, NORTH
TARRYTOWN, NEW YORK
Mr. Bob Barstow who is representing Mr. &amp; Mrs. David submitted
proof of receipts to the clerk.
The exterior design for the
installation of the covered porch was approved by the
Architectural Review Board three months ago. Mr. Barstow noted
he has not received any letters of complaints.
Mr. Paolantonio made a motion to close the Public Hearing,
seconded by Mrs. Galgano. Motion carried unanimously.
DISCUSSION
Mr. Paolantonio asked if at the time the plan were submitted did
the ARB recommend the covered porch? It was noted no approval of
the plans were made without the porch.
Mr. Margotta stated that if the Zoning Board were to deny the
variance the ARB would have to withdraw their recommendation.
Mr. Margotta stated that the Zoning Board denies the variance a
building permit cannot be issued.
Mr. Fitzpatrick asked if the plans were reviewed before the
Building Permit is issued. Mr. Margotta said yes. The ARB does
look at the plans, makes changes or recommendations.
Mr. Paolantonio asked if the client agrees with the addition as
proposed by the ARB. Mr. Barstow stated that the porch was a
part of the original design. The client asked for a porch that
would comply with this law but, this could not be done,
therefore, a variance is needed.
Mrs. Galgano stated that it concerns her just where the idea was
originated: with the ARB or with the architect.
The width of the house is 38 feet.
additional 20 ft.

The porch is approximately an

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�Mr. Barstow stated that he was a member of the ARB and knows of
many similar cases that need variances.
Dr. Masias stated that part of the variance was recommended by
the ARB.
Mr. Barstow stated that there were three designs for the new
house on Webber Avenue and this is the only one that needs a
variance.
Mrs. Mauhs asked if this design will be in line with the others.
Mr. Barstow stated that it is 40 ft. from the house to the
street, only change would be for the roof which is 6ft deep and
20-24ft long.
Mr. Paolantonio made a motion to find that pursuant to SEQRA,
This is a type II action which will have no material adverse
impact on the environment. Same was seconded by Mrs. Galgano.
Motion carried unanimously.
Mr. Paolantonio made a motion to grant the variance needed to
permit a covered porch, seconded by Mrs. Mauhs. Motion carried
unanimously.
IN THE MATTER OF KATHLEEN CAREY, 43 ELM STREET. NORTH TARRYTOWN,
NEW YORK
Mrs. Carey submitted proofs of receipt to the Clerk.
Mr. Fitzpatrick stated that he lived in the house in 1947 and at
that it was a four family house since that time.
The family has been paying taxes for a four family house.
The Zoning Board has receved letters from Mrs. DeMilia and Mrs.
Michael ides stating that 43 Elm Street is and has been a four
family home.
Mr. Paolantonio made a motion to close the Public Hearing,
seconded by Dr. Masias. Motion carried unanimously.
DISCUSSION
Dr. Masias, using an example, asked counsel if a legal three
family home was being used as a two family home, would it lose
the legas status of a such a legal three family?
Mr. Walsh said if the house is a legal three, it would not lose
its status no matter what the use.
Mr. Fitzpatrick agreed, but noted if it were a non-confonaing
use, and the use were abandoned for a year, it would not be a
legal three family.

�Mr. Paolantonio has no opposition to the request and also stated
that Mrs. DeMilia is honest and hard working and has lived on Elm
Street for at least 60 years.
Mr. Paolantonio made a motion to find pursuant to SEQRA, that
this is a type II action that will have no adverse impact on the
environment. Same was seconded by Dr. Masias. Motion carried
unanimously.
Mr. Paolantonio made a motion to upgrade the records to reflect
43 Elm Street as being a four family home,
seconded by Dr.
Masias. Same was likewise unanimously passed.
IN THE MATTER OF EMMA SERINA. LAWRENCE AVENUE. NORTH TARRYTOWN,
NEW YORK
Mr. Barstow, representing the Serinas stated that discussion took
place at the last meeting concerning the reduction of some
variances and providing other information. For instance, parking
remains in front of the house, preliminary elevation of what the
building will look like have been provided. Landscape areas have
been invorporated, two parking spaces were below standard were
corrected by elimination.
Revised data from July's site plan
will reflect the changes.
In the building area there is a drop of 60 sq.ft. There is a
front yard setback which is 18.25ft. Both sides are 22 sq.ft. as
to 21.6 sq.ft.
The rear is almost the same concerning the
setback.
Mr. Paolantonio asked if the taxi business was still a proposal.
Mr. Serina stated that it might be eliminated and used for
storage. He feels the taxi service may go out of business.
Dr. Masias made a motion to close the public hearing seconded by
Mr. Paolantonio. Motion carried unanimously.
DISCUSSION
Dr. Masias stated that no one would be affected by the change
because no one is adjacent to the property
The fire house
provides a buffer.
This change would be a tremendous
improvement.
Mrs. Galgano stated that the Zoning Boards recommendations
concerning landscaping have been made and parking is available.
Mrs. Serina stated for the record that almost every fireman parks
in front of the driveway and they have never complained.

�Dr. Masias made a motion pursuant to SEQRA, that this is a type
II action in that it will have no adverse impact on the
environment. Same was seconded by Mrs. Mauhs. Motion carried
unanimously.
Dr. Masias made a motion to grant the variances based on the
revised plans that were submitted, seconded by Mr. Paolontonio.
Motion carried unanimously.
IN THE MATTER OF MAX SAN JUAN, 28 HUDSON STREET, NORTH TARRYTOWN.
NEW YORK
Mr. Turnquist who represents Mr. San Juan submitted a letter
dated AUgust 14, 1993 to James Margotta the building Inspector,
stating the completion of construction documents will be
completed within 4-6 weeks.
Mr. Paolantonio made a motion to have Mr. Turnquest appear before
the Zoning Board the the September Meeting, seconded by Mrs.
Mauhs. Motion carried unanimously.
Mr. Paolantonio made a motion to approve the minutes of July,
1993 seconded by Mrs. Galgano. Motion carried unanimously.
Being no further business, the meeting was adjourned.
Respectfully submitted,

Christine Yurkovic
Recording Secretary

(y

*

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