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                  <text>Approved wifcn~Wspect t o s u b s t a n c e and form:

Village Attorney
Dated: J / 3 5 / ? y

DONALM. WALSH, JR
THE FIRST NATIONAL BANK BUILDING
P.O. BOX 876
NORTH TARRYTOWN, N.Y. 10591

Approved by th£ Zoning Board

•#r
Chairman or Acting Chairm,
Dated: Z /^3/jcJ

Filed with Village Clerk

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Dated: 3 A*

"Clerk of Deputy Clerk

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7

�A regular meeting was held by the Zoning Board of Appeals on
February 16, 1994 at 8:00 PM in Village Hall, 28 Beekman Avenue,
North Tarrytown, New York 10591.
Members Present: George Fitzpatrick, Chairman
Frank Paolantonio
Dr. Michael Masias
John Morabito
Also Present:
Absent:

Donal Walsh, Esq.
James Margotta, Building Inspector
Mary Galgano
Rhonda Mauhs

IN THE MATTER OF DAVID AND CHERYL CAPPELLO,
STREET. NORTH TARRYTOWN, NEW YORK

18 CONTINTENTAL

Mr. Cappello submitted proof of return receipt to the Clerk.
Mr. John Giaccio, who is representing the Cappello's stated that
the existing property .is a small one family home which is in the
neighboring area of non-conforming uses. Mr. Giaccio showed the
Board photographs of the property. The adjacent property has a
window only a foot away. The new addition does not have a window
on the same side. Mr. Giaccio stated that the addition would be
in conformance with current regulations.
Mr. Paolantonio made a motion to close the public
seconded by Mr. Morabito. Motion carried unanimously.

hearing

Mr. Morabito stated that he sees no problem in adding living
space. He feels that there is no reason to deny the application.
Mr. Paolantonio 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 Mr. Morabito. Motion carried
unanimously.
Mr. Paolantonio made amotion to grant the variance
seconded by Mr. Morabito. Motion carried unanimously.
IN THE MATTER OF JAMES YOSIFIDIES,
TARRYTOWN, MEW YORK 10591

needed,

60 BEEKMAN AVBNU,

NORTH

David Venditti, Esq. who is representing Mr. Yosifides stated
that the property is a pre-existing non-conforming use. In 1989
there was a fire and since then, the money has not been fully
available to rebuild the restaurant and the apartment above in
one year.

�Mr. Venditti further stated that there is no way to provide for
additional off-street parking. This is a pre-existing condition.
Mr. Venditti stated that he notes the only request would be to
have a seating capacity of 40.
Mr. Morabito asked what kind of apartment would be on the second
floor. Mr. Venditti stated that it would be a three bedroom
apartment.
It was mentioned that 60 Beekman Avenue and 62
Beekman Avenue are two separate tax lots. 62 Beekman Avenue is a
rooming house which is in compliance with the code. The building
is now vacant.
Mr. Morabito asked what type of restaurant would be created. Mr.
Yosifides stated maybe a pizza restaurant. Counsel Walsh stated
for the record that the Village taxes have not been paid. Mr.
Venditti stated that he will look into the situation and pay the
taxes.
Mr. Morabito made a motion to close the public hearing seconded
by Mr. Paolantonio. Motion carried unanimously.

A

Mr. Paolantonio stated that the building has been there for a
while until operations were ceased in 1989. He feels that there
is no reason to oppose this application, if the taxes are paid to
the Village.
Mr. Morabito mentioned that building plans call for sprinklers
and 90% of it is completed. Mr. Fitzpatrick mentioned that it
would have a seating capacity of 40 seats and pizza may not be
the only food served.
Mr. Morabito 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 Mr. Paolantonio.
Motion
carried unanimously.
Mr. Morabito made a motion to grant the application on the
condition that the taxes are paid, seconded by Mr. Paolantonio.
Motion carried unanimously.
MINUTES
Mr. Morabito made a motion to approve the January 19, 1994
minutes "as is", seconded by Mr. Fitzpatrick. Motion carried
unanimously.

•

A motion was made by Dr. Masias that the application submitted by
Max San Juan, as per the Building Inspectors letter dated
December 16, 1993 (Copy in official minutes), if not completed as
requested the tenants will have to vacate, seconded by Mr.
Morabito. Motion carried unanimously.

�Being no further business Mr. Morabito made a motion to adjourn
the meeting, seconded by Dr. Nasias. Motion carried unanimously.
The next Zoning Board meeting will be held on March 23, 1994.
Respectfully submitted,

\0^u(/ftisiJ&amp;a£
Christine A. Yurkovic
Recording Secretary

v

�*}to&amp;/tot*
Sean Treacy, Mayor

•

'

William T . Regan' ! Administrator

TRUSTEES
Morris Alter
teven D. Baderian
Nicholas W. Cicchetti
John T. Hayes, Jr.
Michael Hyland
Greg T. Jeffers

Donal M. Walsh, Jr.
.-. Village Counsel

Angela Everett
Deputy Village Clerk
Frank Anzovino
Treasurer

HISTORIC PAST - GREAT FUTURE
16 December 1993

Mr. Maximo San Juan
28 Hudson St.
N. Tarrytown, N.Y.
Re:

28 Hudson St. 16-3-20

Dear Mr. San Juan:
vi^jjjj^^ux^r-j-sr^p
you applied to the North Tarrytown Zoning Board of
Appealsior a Certificate of Occupancy for a three family house at
28 Hudson Street.
The Zoning Board approved your request, subject to your retaining the
services of an architect to provide a secondary means of egress from the
third floor.
As of this date, you have not provided a secondary means of egress from
the third floor.
You are, therefore, directed and ordered to have the.tenants vacate the
third floor apartment on or before February 17, 1994.
You are further ordered to completely remove the entire kitchen, the bathroom,
electric meter and gas meter.
Failure to comply with this order may constitute an offense punishable by
fine or imprisorment, or both.

28 Beekman Avenue, North Tanytown, New Yerk 1*591
(914)631-1440

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�Sean Treacy, Mayor

William T. Regan
Administrator

TRUSTEES
Morris Alter
Steven D. Baderian
Nicholas W. Cicchetti
John T. Hayes, Jr.
Michael Hyland
Greg T. Jeffers

Donal M. Walsh, Jr.
Village Counsel
Angela Everett
Deputy Village Clerk
Frank Anzovino
Treasurer

HISTORIC PAST - GREAT FUTURE

Mr. Maximo San Juan

-2-

16 December 1993

. _ The only condition for an extension of this order will be if you have
architectural plans, a building permit and can start the project before
February 17, 1994, and will complete the project on or before March 1, 1994
Sincerely,

jotta
'Building Inspector

cc: Zoning Board of Appeals

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fi
BK;

Nortfc Tarryteim, New York 1*591
(*14) 431-1440

28

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�LAW OFFICES

KATZ &amp; KLEIN

. H 2 0 0 MAMARONECK A V E N U E
W H I T E P L A I N S , N.Y. 10601-5301
(914) 4 2 8 - 1 4 0 0

ASCHER KATZ
GERALD M. K L E I N

D 383 SOUTH RIVERSIDE AVENUE
P.O. B O X 626
CROTON-ON-HUDSON, N.Y. 1 0 5 2 0
(914) 271-6601
TELECOPIER: (914) 428-5052

VIA FAX # (914) 631-5880
VIA REGULAR MAIL

February 15, 1994

Mr. James T. Margotta, Building Inspector
Village of North Tarrytown
28 Beekman Ave.
North Tarrytown NY 10591
Re: Christine Mangieri
404 North Broadway
Section 17, Block 21, Lots 10, 11
Dear Mr. Margotta:
On behalf of my client above named I respectfully request that
the Hearing scheduled for February 16, 1994 by.the Zoning Board
of Appeals be adjourned to the March (March 16th) meeting.
Kindly process this request accordingly.
Should you have any questions with regard to the foregoing, do
not hesitate to contact me.
Very truly yours

Gerald M. Klein
GMK:rm
cc: Ms. Christine Mangieri

�13 January 1994
To:
from:

James Margotta, Building Inspector
Robert Stiloski, Code Enforcement Officer

Re:

Inspected and found:

4 04 N. Broadway

One (1) commercial store and five (5) separate
apartments.

1st floor -

Antique store.

2nd floor •-

Entrance on rigjht side, 1 apartment.

3rd floor -

A - 1 large, complete apartment, 4 occupants.

Could not gain entry.

B - Right side door in hallway, a small apartment with bath,
no kitchen. Uses hot plate and electric heater, one occupant,
4th floor -

Same as 3rd floor.

Appears that original large apartments were sub-divided to make two large
and two small apartments.
4th floor.

Could not gain entry into small apartment on

�1-12-94
To:
Re:

. North Tarrytown Zoning Board
Variance request by Gerald Bregman for improvements to Lot 1, Block 11, Section 16 in
the Village of North Tarrytown.

Dear Board Members:
1, the undersigned, do hereby object to the proposal as presented by Gerald Bregman regarding the
permit for renovation/construction of the premises known as 185 Valley Street, North Tarrytown,
N. Y.. The proposal as set forth by Mr. Bregman does not properly conform to the current zoning
requirements as defined by the village zoning laws.
The building requirements and zoning laws are in place to prevent the over-development of the
area, and to protect the integrity of the area's residential community. While some requirements
can be overlooked in cases where the overall quality of the area would benefit, the granting of as
many variances as requested by Mr. Bregman would be detrimental to the area as a whole, and to
the validity of the current laws themselves. The village zoning laws were created as a protective
measure, and if they are ignored, then they are essentially invalid.
Of particular concern is the lack of off street parking which is already a problem in the area. The
proposal calls for 5 stores and 5 apartment units, and does not provide for one single parking
space or loading area. It would be devastating, at best, to the current parking situation in an
already overcrowded area if proper parking facilities were not provided. Furthermore, the
setback variances as defined by village zoning laws are not provided for in Mr. Bregman's plan
and are virtually impossible to be conformed to.
It is necessary for the parties concerned to conform to the established zoning laws and/or building
codes. It is the responsibility of the zoning board to see that these requirements are met and to
protect the interests of the village residents and business owners in matters of this nature. I
respectfully request that the zoning board deny the variances as requested by Mr. Bregman so that
the quality of the residential atmosphere on Valley Street is not totally destroyed, and so that the
currently strained parking situation and the ability of the small businesses in the area to conduct
business are not further encumbered.
Respectfully Yours,

A 3 ? * * * * ^

�1-12-94
To:
Re:

. North Tarrytown Zoning Board
Variance request by Gerald Bregman for improvements to Lot 1, Block 11, Section 16 in
the Village of North Tarrytown.

Dear Board Members:
I, the undersigned, do hereby object to the proposal as presented by Gerald Bregman regarding the
permit for renovation/construction of the premises known as 185 Valley Street, North Tarrytown,
N. Y.. The proposal as set forth by Mr. Bregman does not properly conform to the current zoning
requirements as defined by the village zoning laws.
The building requirements and zoning laws are in place to prevent the over-development of the
area, and to protect the integrity of the area's residential community. While some requirements
can be overlooked in cases where the overall quality of the area would benefit, the granting of as
many variances as requested by Mr. Bregman would be detrimental to the area as a whole, and to
the validity of the current laws themselves. The village zoning laws were created as a protective
measure, and if they are ignored, then they are essentially invalid.
Of particular concern is the lack of off street parking which is already a problem in the area. The
proposal calls for 5 stores and 5 apartment units, and does not provide for one single parking
space or loading area. It would be devastating, at best, to the current parking situation in an
already overcrowded area if proper parking facilities were not provided. Furthermore, the
setback variances as defined by village zoning laws are not provided for in Mr. Bregman's plan
and are virtually impossible to be conformed to.
It is necessary for the parties concerned to conform to the established zoning laws and/or building
codes. It is the responsibility of the zoning board to see that theserequirementsare met and to
protect the interests of the village residents and business owners in matters of this nature. I
respectfully request that the zoning board deny the variances as requested by Mr. Bregman so that
the quality of the residential atmosphere on Valley Street is not totally destroyed, and so that the
currently strained parking situation and the ability of the small businesses in the area to conduct
business are not further encumbered.
Respectfully Yours,

�1-12-94

To:

North Tarrytown Zoning Board

Re:

Variance request by Gerald Bregman for improvements to Lot 1, Block 11, Section 16 in
the Village of North Tarrytown.

Dear Board Members:
1, the undersigned, do hereby object to the proposal as presented by Gerald Bregman regarding the
permit for renovation/construction of the premises known as 185 Valley Street, North Tarrytown,
N. Y.. The proposal as set forth by Mr. Bregman does not properly conform to the current zoning
requirements as defined by the village zoning laws.
The building requirements and zoning laws are in place to prevent the over-development of the
area, and to protect the integrity of the area's residential community. While some requirements
can be overlooked in cases where the overall quality of the area would benefit, the granting of as
many variances as requested by Mr. Bregman would be detrimental to the area as a whole, and to
the validity of the current laws themselves. The village zoning laws were created as a protective
measure, and if they are ignored, then they are essentially invalid.
Of particular concern is the lack of off street parking which is already a problem hi the area. The
proposal calls for 5 stores and 5 apartment units, and does not provide for one single parking
space or loading area. It would be devastating, at best, to the current parking situation in an
already overcrowded area if proper parking facilities were not provided. Furthermore, the
setback variances as defined by village zoning laws are not provided for in Mr. Bregman's plan
and are virtually impossible to be conformed to.
It is necessary for the parties concerned to conform to the established zoning laws and/or building
codes. It is the responsibility of the zoning board to see that these requirements are met and to
protect the interests of the village residents and business owners in matters of this nature. I
respectfully request that the zoning board deny the variances as requested by Mr. Bregman so that
the quality of the residential atmosphere on Valley Street is not totally destroyed, and so that the
currently strained parking situation and the ability of the small businesses in the area to conduct
business are not further encumbered.
Respectfully Yours,

, ''''^'^y^^^J

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�1-12-94
To:
Re:

. North Tarrytown Zoning Board
Variance request by Gerald Bregman for improvements to Lot 1, Block 11, Section 16 in
the Village of North Tarrytown.

Dear Board Members:
I, the undersigned, do hereby object to the proposal as presented by Gerald Bregman regarding the
permit for renovation/construction of the premises known as 185 Valley Street, North Tarrytown,
N. Y.. The proposal as set forth by Mr. Bregman does not properly conform to the current zoning
requirements as defined by the village zoning laws.
The building requirements and zoning laws are in place to prevent the over-development of the
area, and to protect the integrity of the area's residential community. While some requirements
can be overlooked in cases where the overall quality of the area would benefit, the granting of as
many variances as requested by Mr. Bregman would be detrimental to the area as a whole, and to
the validity of the current laws themselves. The village zoning laws were created as a protective
measure, and if they are ignored, then they are essentially invalid.
Of particular concern is the lack of off street parking which is already a problem in the area. The
proposal calls for 5 stores and 5 apartment units, and does not provide for one single parking
space or loading area. It would be devastating, at best, to the current parking situation in an
already overcrowded area if proper parking facilities were not provided. Furthermore, the
setback variances as defined by village zoning laws are not provided for in Mr. Bregman's plan
and are virtually impossible to be conformed to.
It is necessary for the parties concerned to conform to the established zoning laws and/or building
codes. It is the responsibility of the zoning board to see that theserequirementsare met and to
protect the interests of the village residents and business owners in matters of this nature. I
respectfully request that the zoning board deny the variances asrequestedby Mr. Bregman so that
the quality of the residential atmosphere on Valley Street is not totally destroyed, and so that the
currently strained parking situation and the ability of the small businesses in the area to conduct
business are not further encumbered.
Respectfully Yours,

/?
s'

(l

//

/

�1-12-94

To:
Re:

. North Tarrytown Zoning Board
Variance request by Gerald Bregman for improvements to Lot 1, Block 11, Section 16 in
the Village of North Tarrytown.

Dear Board Members:
I, the undersigned, do hereby object to the proposal as presented by Gerald Bregman regarding the
permit for renovation/construction of the premises known as 185 Valley Street, North Tarrytown,
N.Y.. The proposal as set forth by Mr. Bregman does not properly conform to the current zoning
requirements as defined by the village zoning laws.
The building requirements and zoning laws are in place to prevent the over-development of the
area, and to protect the integrity of the area's residential community. While some requirements
can be overlooked in cases where the overall quality of the area would benefit, the granting of as
many variances as requested by Mr. Bregman would be detrimental to the area as a whole, and to
the validity of the current laws themselves. The village zoning laws were created as a protective
measure, and if they are ignored, then they are essentially invalid.
Of particular concern is the lack of off street parking which is already a problem in the area. The
proposal calls for 5 stores and 5 apartment units, and does not provide for one single parking
space or loading area. It would be devastating, at best, to the current parking situation in an
already overcrowded area if proper parking faculties were not provided. Fur ihermore, the
setback variances as denned by village zoning laws are not provided for in Mr. Bregman's plan
and are virtually impossible to be conformed to.
It is necessary for the parties concerned to conform to the established zoning laws and/or building
codes. It is the responsibility of the zoning board to see that these requirements are met and to
protect the interests of the village residents and business owners in matters of this nature. I
respectfully request that the zoning board deny the variances as requested by Mr. Bregman so that
the quality of the residential atmosphere on Valley Street is not totally destroyed, and so that the
currently strained parking situation and the ability of the small businesses in the area to conduct
business are not further encumbered.
Respectfully Yours,

aun&lt;4. £ vi^peg.
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�1-12-94
To:
Re:

. North Tarrytown Zoning Board
Variance request by Gerald Bregman for improvements to Lot 1, Block 11, Section 16 in
the Village of North Tarrytown.

Dear Board Members:
I, the undersigned, do hereby object to the proposal as presented by Gerald Bregman regarding the
permit for renovation/construction of the premises known as 185 Valley Street, North Tarrytown,
N. Y.. The proposal as set forth by Mr. Bregman does not properly conform to the current zoning
requirements as denned by the village zoning laws.
The building requirements and zoning laws are in place to prevent the over-development of the
area, and to protect the integrity of the area's residential community. While some requirements
can be overlooked in cases where the overall quality of the area would benefit, the granting of as
many variances as requested by Mr. Bregman would be detrimental to the area as a whole, and to
the validity of the current laws themselves. The village zoning laws were created as a protective
measure, and if they are ignored, then they are essentially invalid.
Of particular concern is the lack of off street parking which is already a problem in the area. The
proposal calls for 5 stores and 5 apartment units, and does not provide for one single parking
space or loading area. It would be devastating, at best, to the current parking situation in an
already overcrowded area if proper parking facilities were not provided. Furthermore, the
setback variances as defined by village zoning laws are not provided for in Mr. Bregman's plan
and are virtually impossible to be conformed to.
It is necessary for the parties concerned to conform to the established zoning laws and/or building
codes. It is the responsibility of the zoning board to see that these requirements are met and to
protect the interests of the village residents and business owners in matters of this nature. I
respectfully request that the zoning board deny the variances as requested by Mr. Bregman so that
the quality of the residential atmosphere on Valley Street is not totally destroyed, and so that the
currently strained parking situation and the ability of the small businesses in the area to conduct
business are not further encumbered.
Respectfully Yours,

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