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Approved with respect to substance and form:

Village Attorrfey
Dafted: ^ ^ / W

Approved by the Zoning Board

Chairman or Acting Chairman

Dated:

SJ/p/^u.

Filed with Village Clerk

Clerk or Deputy Cler

Dated: (X.

C^

Date of Meeting
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�REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
MARCH 23rd, 1994

A regular meeting of the North Tarrytown Zoning
Board of Appeals was held on March 23rd, 1994 at 8:00 P.M.
in the Village Hall, 28 Beekman Avenue, North Tarrytown,
New York.
PRESENT:

George Fitzpatrick, Chairman
John Morabito
Frank Paolontonio
Michael Masias
Mary Galgano

ABSENT

Rhonda Mauhs
Juan Pu.jadas

ALSO PRESENT:

at 8:00
1.

Donal Walsh, Village Attorney
James Margotta, Building Inspector

Chairman Fitzpatrick called the meeting to order
P.M.

CHRISTINE MANGIERI, 404 No. Broadway-Continued-Certificate
of Occupancy for a Three Family Residence.

Attorney Gerald Klein, representing Mrs. Mangieri
brought the Board up to date on the status of the building
and requested that the Board grant a Certificate of Occupancy
for a three family residence with a store on the ground floor.
Chairman Fitzpatrick asked if there was anyone present
who would like to address the Board on the matter.
Village Attorney Donal Walsh stated that a letter
was received by the Board from the Code Enforecement Officer
stating he had reinspected the premises and found that all
violations have been removed.
(Copy of letter dated March
22nd, 1994 in official minutes).
Mr. Paolontonio moved, seconded by M r . Morabito
that pursuant to SEQRA, this ia a Type II Action and will
have no adverse impact on the environment.
Carried.
Mr. Paolontonio moved, seconded by M r . Morabito
that the request be granted and that the records of the
Village be corrected to reflect the building as a three
family residence with a retail store on the ground floor,
and that the Building Inspector be directed to make periodic
inspections to insure that the building remains a three
family residence with a store.
Carried.

�-2%

/

2.

PUBLIC HEARING-ROCK OF SALVATION CHURCH, Day Care Center
131 Cortlandt Street-Former Con Edison Sub-Station.

Clerk read the notice of Public Hearing to hear and
consider an appeal by Rock of Salvation Church from a decision
of the Building Inspector which denied a building permit for
construction/modification of existing structure into a Church
and Day Care Center on the following grounds:
-

*the maximum lot coverage permitted is 35 percent;
coverage as shown is 69.5 percent.
^required front yard is 25 ft.
front yard as shown is 0 ft.
*side yard required: one side 14 ft., both sides
together are 14.2 ft.
*day care centers are not a provided use in either
the C-2 or R-5 Districts; same being permitted
only in H District.
Schedule of Regulations of the Village

Zoning

Further, 62-14 E requires 38 parking spaces; none
are provided.
Miguel Jimenez presented the Affidavits of Service
to the Clerk.
Mr. Morabito moved, seconded by Mrs. Galgano to
open the Public Hearing.
Carried.
Mr. Stevens, Attorney for the Church outlined
proposed project for the Board to review.

the

Mr. Ron Turnquist, Architect for the project
presented tentative drawings for the proposed project and
stated it was the intent of the Church to create a church
in stages, and a day care center as funds became available.
He stated that the project would conform to N.Y.S. Codes and
local codes, and noted the Church was before the Board to seek
several variances. He stated that most of the churches in the
area do not provide parking and most of the church congregation
will be walking to church. As a mitigating measure for the
lack of parking, they have two mini-buses which will be used to
pick up older members.
M r . Stevens stated that the.building is an eyesore as
it now stands and it will be an improvement to the area. Mr.
Stevens stated that the Church has approximately 140 members
whose average income is approximately $15,000. per year. Most
of them live in the area and do not own cars and will walk to
Church. M r . Stevens stated they have raised approximately
$135,000 towards the purchase of the Church property, which
has been empty for quite sometime and is an attractive nuisance

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�-3Mr. Stevens also stated the Church would provide a much
needed service to the entire community. Mr. Stevens
presented a petition to the Chairman, signed by what he
alleged to be some 600 residents of the community.
Mrs. Catherine Krolicki, Cedar Street stated there
were enough churches in the area that were tax exempt and
there would be no parking for churchgoers.
She stated that
the area was already congested with parking, especially on
the week-ends when residents are not working. Mrs. Krolicki
asked if there were only 140 members why they needed a 300
seat church and wanted to know where all the people would be
coming from and where they would park.
She stated that not all
prople walk to Church.
She also stated there were two bars
directly across from the Church and they do not go together.
Mr. Walsh noted for the record that new bars are
prohibited near a Church; new Churches are not prohibited
near bars.
Mr. Tunrquist agreed, stating that a bar could not
be opened within 200 feet of a Church, but a Church could be
opened within 200 feet of a bar.
Mrs. Krolicki asked where the children would be
playing as there are no outside facilities. She also stated
that in her opinion, you could not keep children locked inside
a building.
The Pastor of the New Hope Baptist Church located in
Tarrytown, N.Y. stated that the area was in need of rehabilitation and a Church would be ideal for the area. He stated
if the Board does not grant the request the Church could appeal
to Albany.
He stated the Board should grant the request so
that the area would not deteriorate further.
Carol Jones, Hunter Avenue, North Tarrytown stated
she was in favor of the project and asked that the Board
seriously consider the project for approval.
Freddie Flores, 13 Elm Street, North Tarrytown stated
he was in favor of the Board granting the request in order that
they could have their own place of worship.
John Jimenez, 95 Beekman Avenue, north Tarrytown state
he was a student at.Sleepy.Hollow High School and was a member
of the Church for over eleven years. He stated that all service
of the Church are free and that people donate food to be given t
poor members of the Church.
Miguel Jimenez stated he has lived in the community
for many years and stated that most of the members of the
Church will be walking to the Church and there is no parking
in North Tarrytown at all. Mr. Jimenez stated many of the
members of the Church are property woenrs and pay taxes. He -"stated that the Church has set a goal to rid the lower village
of drugs and alcohol.

�Mrs. Margaret Kantowicz, Cedar Street stated there
was too much drinking, littering and noise in the area.
The Rev. Santiago, Pastor of the Rock of Salvation
Church stated he came to the area in 1980 to set up a Church
for the Spanish Community and feels that the downtown area
of the Village needs a Church. He stated through the years
the Church has rented space from the Salvation Army, First
Reformed Church and the Methodist Church and now the want
their own Church. Rev. Santiago felt that having their own
Church building would have an impact on the young people of
the community.
James McCrae, 100 College Avenue, North Tarrytown
stated he was in favor of granting permission for the Church
as he felt it would bring decency to the neighborhood.
Jose Chevera, 95 Beekman Avenue, North Tarrytown
stated he was a Correction Officer for the County of Westchester
and has lived in North Tarrytown most of his life. He was in
favor of granting permission as he felt that more deliquent
youths would not have to be imprisoned if a Church or Youth
Program is in effect.
Nancy Vargas, Ossining, New York stated she was a
member of the congregation for thirty years and asked the
Board to grant the variances requested.
George Rivera, White Plains, New York stated he
came to Church by bus and was in favor of the Board granting
permissioner for the Church and Day Care Center.
Discussion followed regarding parking, Church, day
care center, mini-bus parking and noise.
There being no further comments Dr. Masias moved,
seconded by Mr. Morabito that the Public Hearing be closed.
Carried.
Mrs. Galgano stated that the main issue is that
300 people will be coming into the area, either walking or
by car and bus. Her main concern was safety and where all
the cars would be parking.
Rev. Santiago stated that the mini-buses would be
driving around the village picking up members and driving
them to the Church. He stated that 9 5 % of his congregation
is from North Tarrytown and Tarrytown and the remainder come
from Ossining and White Plains, and they will park where they
can find a space.
Mr. Paolontonio asked if they had considered
providing parking on the first floor of the building, to alleviate some of the problems.
Mr. Turnquist stated it would b.e too costly.

�-5Chairman Fitzpatrick stated he works in the area
and the area has gone from bad to worse and is a disaster.
Mr. Fitzpatrick also stated that the Zoning Code does not
permit Pay Care Centers.
After a discussion regarding the number of local
residents who are members of the Church, Mr. Morabito stated
the issue was.not how many local residents were members but
where they would park.
Mrs. Galgano asked if they had tried to purchase
adjoining properties in order to create parking.
Rev. Santiago stated they have approached the
parcels adjoining the property and have discussed with the
owners the sale of the property. He stated at the present
time they do not have funds available for the purchase.
He
also stated most of his members will be walking to Church.
Dr. Masias stated the Board has granted permission
to the Korean Church and several other retail stores that
could not provide parking.
Mrs. Galgano stated that the Korean Church was
always a Church and parking on Route 9 on Sunday is available.
They also park in Amenta's parking lot which is across the
street from the Church.
Dr. Masias stated that no matter what goes into the
building there will be a parking problem and feels that a
Church would be the lesser of several evils regarding congestion
Mr. Walsh stated that an issue before the Board
as to Day Care is a "Use Variance" but the Church itself is
a permitted use, and while they can ask the Board for a
"Day Care Center Use" the Zoning Board of Appeals is only
one step in Day Care approval.
Discussion followed regarding the various phases
of construction and the cost and time frame of the project.
Mr. Turnquist stated that "Phase I" would be
progressing if funds were available and the Sanctuary would
be build within a year.
Dr. Masias moved, seconded by M r . Morabito that
pursuant to SEQRA, this is a Type II Action and will have
no adverse impact on the environment.
Carried.
Dr. Masias moved, seconded by Mr. Paolontonio
that the variances be granted as requested in the application
of the Rock of Salvation Church, including set back, day
care center, sideyard, parking and lot coverage.

�Chairman Fitzpatrick polled the Board as follows
Mr. Morabito
Mr. Paolontonio
Dr. Masias
Mrs. Galgano
Mr. Fitzpatrick

Yes
Yes
Yes
Abstain
Yes

Chairman Fitzpatrick declared the motion carried
MINUTES
Mr. Morabito moved, seconded by Mr. Paolontonio
that the Minutes of the meeting held on February 16th, 1994
be accepted as submitted.
Carried.
There being no further business to come before
the Board, Mrs. Galgano moved, seconded by Mr. Morabito
that the same be duly adjourned.
Carried.
Respactfully

submitted,

~y^
kene Am a t o
Acting Clerk

�'Sean Treacv, Mayor
Linda David
Administrator
Donal M. Walsh. Jr.
Village Counsel
Angela Everett
Deputy Village Clerk
Frank Anzovino
Treasurer

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

HISTORIC PAST - GREAT FUTURE

To: Oames Margotta, Building Inspector &amp; the Zoning Board
From: Robert Stiloski, Code Enforcement Officer
Date: March 22,1994
Re: Mangeri, North Broadway

Reinspected this past week and fonud that all the violations
making this a 5 unit building have been removed. It now
conforms to a 3 family.
Seperation walls that made the large apartments into 2 units
were removed, thus returned to original approved status.
m

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"tfi

IS":

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28 Beekman Avenue, North Tarrytown, New York 10591
(914)631-1440

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