https://sleepyhollow.localarchives.org/files/original/9be91f801ab114a2ff382b326235682a.pdf f2a0d99a5cf1bb6ca35aae4d389a1bbc PDF Text Text Approved with respect to substance and form: V i l l a g e Att9afney. Darted: / Approved by t h e Zoning Board *t TTl**l Chairman or Acti] Apting Chairman man or Dated: Filed with Village Clerk jr Deputy Clerk Dated: ILL?-/^^ Juy)^ \£T /? ? ^ r\-F M o o f i Datea of Meetingr » n r / ' �PAGE #1 REGULAR MEETING NORTH TARRYTOWN, NEW YORK June 15, 1994 A regular meeting of the North Tarrytown Zoning Board of Appeals was held on June 15, 1994 at 8:00 p.m. in the Village Hall, 28 Beekman Avenue, North Tarrytown , N.Y. PRESENT: Frank Paolantonio Frank Occhipinti Rhonda;Mauhs John Sherwood Robert Anello John Cappello ALSO PRESENT: Janet Gandolfo, Attorney James Margotta, Building Inspector Chairman Paolantonio called the meeting to order at 8:05 pm 1. Public Hearing - Dennis Batchie, 95 Beekman Avenue, Ice Cream and Coffee Shop Clerk read the notice of Notice of Public Hearing to hear and consider an appeal by Dennis and Elizabeth Batchie from a decision of the Building Inspector which denied a Building Permit for the establishment of the Ice Cream and Coffee Shop at 95 Beekman Avenue, North Tarrytown, New York on the following grounds: 1. The proposed shop is within 200 feet of two Delicatessens and two taverns. The Zoning Ordinance provides that no portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall be within two hundred (200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar. Chairman Paolantonio asked if there was anyone present who would like to address the board. Mr. Dennis Batchie came foward and distributed to the Board copies of the store plans. He stated that certain things that appeared on the plan will not be in the �store, such as:Three stools at the counter; or 5 at the most. fewer PAGE #2 tables-4 Mr. Batchie replied that it would be Ice Cream and different kinds of coffee-Cappuccino etc. Eventually he would like to get a European slush machine that makes different types of ices. There might be on the weekends different pastries to have with the coffee. Its mostly going to be Ice Cream, about 30 flavors. Mr. Cappello asked if there's going to be custard Mr. Batchie:"There's going to be frozen yogurt-not soft Ice Cream." Chairman Paolantonio asked if any sandwiches or other food were going to be served. Mr. Batchie:"No." Chairman Paolantonio:"In the future, six months down the road?" Mr. Batchie:"as far as food, Bagels with Cream Cheese. There will be no carving of any kind of meat there is no room for it. Mr. Batchie:"I did try to open up a little bit earlier, and was just relying on the Ice cream to make the money, but because of the work the store needs and the time its going to take I feel that towards the cooler weather we'll sell just as much coffee as Ice Cream. In other words if I was opened up already I would rely mostly on Ice Cream. But like I said, its going to take a month to a month and a half to get the store the way I want to see it." Mrs. Batchie stated that their intention is to have something nice where people could go and have a cup of coffee or Ice Cream in a pleasant surrounding. There's no where to do that in North Tarrytown. Chairman Paolantonio asked if there were any more comments. Catherine Guarnieu stated that the town would benefit by something like this. Chairman Paolantonio asked that members of the audience to state their names and addresses. J*i*h- . ,-;> « « ^i*=HiSfiisa»3sfasrf^ �PAGE #3 Chairman Paolantonio asked if anybody else had comments. Mrs Beverly Garland said:"We would like to really see this store open. It would be refreshing from the bars and delis to have an Ice Cream store - especially being that the one on Valley Street closed down, which left us with nothing. We have to go to Elmsford or to Baskin Robbins in Tarrytown,. It would be refreshing to see that type of establishment in town." Chairman Paolantonio:"Anybody else have any comments." M. George Samaris : "I'm sorry I'm late. Can you repeat." Chairman Paolantonio:"Mr. Batchie's Ice Cream Store Mr. Samaris:"Ice Cream Store?" Chairman Paolantonio: "at the V.T. Building." Beekman Avenue, Mr. Samaris:"O.K. The only thing I'm asking your board to follow and approve what we have in the book. What the book says. If they can't open - There is no more Ice Cream - no more food establishment - no more restaurants and beverages to be open." Chairman Paolantonio:"You are wrong.An Ice Cream store is not part of that. The Zoning Ordinance provides that no portion of the property used for a restaurant or food service establishment or delicatessen or tavern or ,bar should be within two hundred(200) feet in a straight line from any lot or parcel that is used for another restaurant or food service establishment or delicatessen or tavern or bar." Store. Mr. Samaris:"This man is asking for Ice Cream What is he going to have beside ice cream?" Mr. Batchie:"Coffee, too. Specialty coffees." Mr.Samaris: "Coffee, too? That means that you want to sell coffee like other stores? We sell specialty coffee, too. All our coffee comes from Colombia, Mexico, etc. That means coffee is an issue here." .•-^.^^^^.-^w-^tf^^^^ �\ PAGE #4 from. Mr. Batchie: "It doesn't matter where the coffee is It's the way you present it." Mr. Samaris:"It's up to the Board to enforce the law. We have a problem and we still have problems going on and we have to stop that. We don't want to hurt another merchant. We have hardship here in the village. Everybody knows we try to make our living here and we don't want to hurt nobody. . You come with any new business and you are welcome, but we don't want to hurt the people who have been here 15, 20, 30 years in this business to be hurt." Mr. Chairman Paolantonio:"May I say something? Let me tell you something. This law wasn't put in the books to stop any competition , it's far from it." Mr. Samaris:"It's okay - We passed last month something that we are not supposed to pass. We have to know something in this Village of what's going on. We're not jumping above the law. We have to know something. We have to enforce the law or we don't have to enforce the law. Yfe have law here - no food, restaurant, no deli, we pass, you pass, your board passed-something not supposed to be pass. If this law doesn't have to be enforced, send it to the Board of Trustees and change the law and then everybody can do what they want." Chairman Paolantonio:"I'm sorry that you feel that way, Mr. Samaris. You can petition the Board of Trustees, but this Board doesn't have the power to do that. This Board only hears certain appeals within this book." Discussion continued between Mr. Samaris and Chairman Paolantonio. Mr. Samaris insisted that the Board follow the book and Chairman Paolantonio tried to explain the purpose of an appeal before the ZBA. Mr. James Magotta: "We are enforcing the law and I hear everybody saying that the law is not being enforced. The law is being enforced. You are wrong when you say the law is not being enforced. The reason this gentleman is here is because the law is being enforced. He came to me and asked me if he could put this Ice Cream Store in and I denied him permission to put it in. I enforced the law. I said no. He is asking this Board for a relief from that decision. So when you say that the law is not being enforced, you are not quite right. The law is being enforced." Mr. Samaris rzpz?- continued to argue with Mr. Margotta �PAGE #5 about the law Chairman Paolantonio asked Mr. Samaris to address him and the Board Mr. Samaris argued that Mr. Margotta spoke to him without permission and continued to argue about the law. Chairman Paolantonio asked Mr. Margotta if he had something to say. Mr. Margotta stated that he is not defending the Board. "I'm not saying that the Board is right or wrong. I'm saying that I enforced the law, to the letter of the law. I had this gentleman come here for a variance. I turned him down. I refused to let him have an Ice Cream Store. He is here for a relief of that decision and its up to these gentlemen and lady to make that decision." Chairman Paolantonio: "Anyone else?" Woman in audience:"I was just thinking, whether this Ice Cream place is 30 feet from a delicatessen, pizzeria, bar or "lOinches away from it. All we have around here is delicatessens and bars. These places don't serve Ice Cream. They can't do damage to these other places they don't serve homemade coffee. Cappucchino, Cuban, Mexican. When you go to a deli all you can buy is regular coffee. In the morning, in the afternoon." Chairman Paolantonio:"Ma'am-the ordinance reads 200 feet from a Bar or Restaurant or food establishment. That's why he is here." Woman in audience:"I want to know if you're going to change the variance." Ellie Samaris:" I have one more question, Mr. Chairman. The only reason that there's arguments is the fact that there's a law in the book. There's an ordinance, right? And if you're going to vote on the ordinance, you go by the ordinance. If you*re not,then we can all agree and nobody would be arguing with each other anymore. It's not fair for us or you guys sitting out here to hear all this." Chairman Paolantonio:"I don't know how to put this. If you are convicted of a crime. They tell..'you thatyou're guilty, can't you appeal that verdict? That's what this guy is doing." Discussion ensued between Board and Ellie Samaris about the i-»., .iAiiibCi.••-.-'-$•*ESr. « J >'»4*t«i^A?i!fea*S^^^g^^»fi*iiSs^4K^^^^S^»S3^&fe^S �PAGE #6 law. Beverly Garland: "What can be done to change that ordinance of the 200 feet? Chairman Paolantonio: "You've got to appeal to the Board of Trustees to change the law. You've got to petition the Board of Trustees. Chairman Paolantonio:"Any other comments? motion to close this public hearing issue." Mrs. Ma.uh,s: -.. "So moved;1' Mr .Occhipmt 1: "Seconded" I 111. entertain Chairman Paolantonio:"All in favor-" All Board members agreed. Chairman Paolantonio: "This public hearing is closed. Nobody in audience is allowed to speak. Does anybody have any special comments?" Mr. Cappello: "I thin you made a very good point. The law was not really intended to deal with Ice Cream parlors. Chairman Paolantonio: "Anyone else?" Mrs. Mauhs: "I move the ZBA assume le d agency status and determine that the subject application is a Type II Action and that a Negative Declaration be issued." Seconded by Mr. Anello and approved unanimously. Mr. Cappello: "Let me move that the application be granted with the condition no service of cold cuts or soups be permitted." Seconded by Mr. Occhipinti arid approved unanimously. �PAGE #7 2. Public Hearing -M. Bastos. 47 Clinton Street-Wholesale and Retail Outlet for Beer and Soda. Clerk read the Notice of Public Hearing to hear and consider an appeal by M. Bastos from a decision of the Building Inspector which denied a building permit for opening a wholesale and retail outlet for Beer and Soda at 47 Clinton Street on the following grounds: 47 Clinton Street is within 200 feet of the delicatessen on the corner of Dep'este'r and Clinton # Section 62 - Sub section 20.1 of the Zoning ordinance requires 200 feet between such establishment. In the c-2 Zone one parking space is required for each 1500 square feet of floor area and one off street loading space is required. In the instant plan no parking or loading space is provided. .'/ • . - - - Chairman Paolantonio:"Anybody here for the applicant?" John Hughes (attorney for applicant): Let me first describe the property and the proposed use. The property was damaged by fire about two or three years ago. It has since been fully rehabilitated. It has been on the property record cards as nine residential units and two retail stores. Mr. Bastos owns the building. YJhat he proposes is to own and operate a store which will deal in only soda and beer, something like a very small type of store like Luberger's. A place where you'll go to buy those two items. I'm not asking for a variance. I'm asking you to find that this particular provision of the law simply does not apply. Mr. Occhipinti:"Is beer or soda going to be served on th premises?" Mr. Hughes: "No." Mr. Occhipinti: "So, it's going to be sold in cases or in six packs?" Mr. Hughes:" Correct. Taken away. Simply off premise consumption." Mr. Hughes: "I don't believe that section 62.20 applies to this particular situation and I'm asking you for a ruling. The way I look at it , it says restaurant and I don't believe this is a restaurant. Nor it's a food service �PAGE #8 establishment or a delicatessen or a tavern or a bar. In terms of the parking, there is a parking in form of a driveway on one side of the building in which you can pull in a truck off the street for deliveries. The area is question is only 500 square feet. This is not going to be a very big store. Its going to be a small store." Mr. Hughes: "The building over the years has been apointed as residential apartments. All of which have been cleaned up at this point and time and it's back where it should be. Nine units of residential apartments and two retail store outlets which is on the building records. Discussion on parking took place between the board and Mr. Hughes. Chairman Paolantonio: "Anybody else have any comments? Mr. Hughes, are you finished?" Mr. Hughes: "Yes, I'm finished." Chairman Paolantonio: "If there is no further comments, I' 11 a mot. to close this Public hearing." Mr. Occhipinti:"I move to close this Public hearing." Chairman Paolantonio:"Who seconds the motion?" Mr. Anello: "I second the motion." Chairman Paolantonio:"All in favor." Motion carried unanimously. Chairman Paolantonio: "OK, lets have a discussion on this. Retail outlet for beer and soda only." Mr. Anello: " I think we need to discuss whether it needs a variance under the section 62 restaurant code. What the code states is that food has to be served on the premises with individual service." So I suggest that he doesn't need a variance for what he proposes to do. wesh° u l d rule that it's not covered by that section. Chairman Paolantonio: "You want to make that motion now?" Discussion on the interpretation of the zoning code. Chairman Paolantonio: comments?" "Anybody else have any �PAGE #9 Mr. Anello: "I make a motion that the applicant does not need a variance from section 62.20 of the zoning code." Mrs. Mauhs: "Second" Chairman Paolantonio: "All in favor?" Motion carried unanimously. • The Board review the minutes of the Zoning Board meeting of May 18,1994 and the following amendments and changes were approved unanimously. 1. Insert after last paragraph, page 3: Mr. Tucciarone also stated that Mr. Rodriguez had problems renting the stores he owns across the street because many tenants were looking to establish delis. It was very difficult for him to rent and he believes he would have the same problem at these premises He stated that the emphasis at this store would be on the retail grocery aspect of the business. He would be selling Portuguese specialties. There is no other store like it in the community. Mr. Tucciarone said that it was the intent of the Village to try to diversify the types of stores in the Village and this fits in with the intent of the code. 2. Insert after second paragraph, page 6: Mr. Anello also stated that a discussion of the nev/ law pertaining to the criteria a Zoning Board must review when considering an area variance is in order. The Board of Appeals must balance two elements: the benefit to the applicant from the variance and the detriment to the health, safety and welfare of the community or neighborhood that would occur if the variance was to be granted. The law sets forth five (5) factors for the board to consider in balancing the interests: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the grant of the variance. Mr. Anello stated that he did not believe that an undesirable change would be produced in the character of the neighborhood in that the area is commercial at the present time. Also^ there would be no detriment to nearby properties. 2. Whether the benefit sought by the applicant can be achieved by some feasible method other than a variance. Mr. Anello did not believe that there was any other way to achieve Mr. Rodiguez1 goals. ~jr~iziz«3?.*fi^.i: KSiA l > » L ^ ^^W^U^F^^-sSi^i^^ �PAGE #10 3. Whether the requested variance is substantial Mr . Anell o stated that the variance is not substantial in that most of the store would be for the sale of groceries and only a small portion of the store would be used for the deli . 4. Whether the proposed variance will have an adverse e ffect of impact on the physical or environmental condi t ions in the neighborhood. Mr. Anello believe that this appl ication would actually improve the condition of the neighborh ood. 5. Whether the alleged difficulty was self-crea ted. Mr. Anello believed that this was the only factor go ing against the application but this should not preclude the granting of an area variance. 3. Replace paragraph 5, page 6 with the following: Mr. Occhipinti stated thai the Zoning Board has previously granted variances for three applications which came before it since this Code was adopted. Variances were granted for a restaurant at the Sleepy Hollow Restoration, there were three other variances given for the same thing in the last t.wa (2) years and most recently, a variance was for given by the ZBA a-pizza parlor on Beekman Avenue. He doesn't see why this Board should not grant Mr. Rodriguez his variance. The Board also voted to approve the formal resolutions for the Rodriguez application and the Collins application (said resolutions are part of the official minutes of the Village Clerk). Motions to approve the formal resolutions were made and passed unanimously. There being no further business to come before the board, the meeting was adjourned. Respectfully submitted, Carmen G. Mariano Recording Secretary ••c,_---. ~<^i'i*^r^^^-3^c-^&^^. $ 3sJ3t£»i£s.<j a ^ % f f i ^ ^ ^ s a l ^ g ^ ^ ^ ^ ^ ^ �'•'-• t-l i^'J.<_PJ. L//i& Pwri <JctA6&L NORTH TARRYTOWN, N.y. APARTMENTS VAN TASS£L TAJWYTOWM CO. 9 5 BEEKMAN AYENUt 631-0645 June 13, 1994 Village of North Tarrytown 28 Beekman Avenue North Tarrytown, N.Y. 10591 Att: Mr. James T. Margotta Building Inspector Res 95 Beekman Avenue Ice Cream/Coffee Shop 15-11-18, 19/ 20 Dear Mr. Margotta: The intent of this letter is to support the variance application^filed with your office by Dennis and Elizabeth Batchie. This application was filed with our authorization and consent. Mr. and Mrs. Batchie was given a five (5) year lease for this space conditioned on obtaining the necessary variance and building permits I know you will find their paperwork in order and by granting them this variance we will together begin to improve the appearance of Beekman Avenue, Very truly yours, VAN TASSEL JSARRYTOWN COMPANY Robert P, Costello Managing Agent RFC:as BY FACSIMILE AND REGULAR MAIL 10'd 01 >?aoA reN »"iHna Niwwjoaa woad %p:ei ^SSI-SI-NTT �RESOLUTION Adopted at the July 20, 1994 meeting of the Village of North Tarrytown Zoning Board of Appeals RESOLUTION: Application for a Variance from Section 62-20 of the Zoning Code of the Village of North Tarrytown. Applicant: Dennis and Elizabeth Batchie Location: 95 Beekman Avenue, North Tarrytown, NY Type of Application: Request to construct an Ice Cream Parlor at the premises. WHEREAS, the Zoning Board of Appeals of the Village of North Tarrytown has reviewed an application for a ruling from the denial of a Building Permit for an Ice Cream Parlor at premises located at 95 Beekman Avenue, North Tarrytown, New York in that the same would be in violation of Section 62-20 of the Zoning Code prohibiting delicatessens, restaurants, etc. from opening within 200 feet of a similar type of establishment, the premises are also known as Section 15, Lot 11, Block 18, 19, and 20. WHEREAS, a public hearing was held by the Zoning Board of Appeals on June 15, 1994 at which time all interested persons and parties present were heard, and relevant documentation and testimony were presented to and considered by the Zoning Board; and WHEREAS, as part of its review, the Zoning Board has reviewed documents, statements and plans, including the following: 1. Plans submitted for the interior of the premises; 2. Application submitted by Dennis and Elizabeth Batchie. 3. A short form Environmental Assessment Form (EAF). WHEREAS, the Zoning Board has assumed Lead Agency Status and has determined that the subject application is a Type IT Action and issued a Negative Declaration under SEQRA; and WHEREAS, the Zoning Board has determined that the type of establishment proposed would be different than any other establishment presently located in the community and that an Ice Cream Parlor would be a welcome addition to the commercial district of North Tarrytown; NOW, THEREFORE, BE IT RESOLVED, that the Zoning Board of Appeals declares this to be a Type II action and issues a Negative Declaration. The Zoning Board �further directs the Building Inspector issue a building permit "to the applicant. Dated: July 20, 1994 c&>-&?^?4=t Frank Paolantonjb, Chairman Jafiet Gandolfo, Attorney eua^e? �RESOLUTION Adopted at the July 20, 1994 meeting of the Village of North Tarrytown Zoning Board of Appeals RESOLUTION: Application for a an Interpretation of Section 62-20 of the Zoning Code of the Village of North Tarrytown. Applicant: M. Bastos Location: 47 Clinton Street, North Tarrytown, NY Type of Application: Request to a beer and soda wholesale business at the premises. WHEREAS, the Zoning Board of Appeals of the Village of North Tarrytown has reviewed an application for a ruling from the denial of a Building Permit for a beer and soda wholesale business at premises located at 47 Clinton Street, North Tarrytown, New York in that the same would be in violation of Section 62-20 of the Zoning Code prohibiting delicatessens, restaurants, etc. from opening within 200 feet of a similar type of establishment, the premises are also known as Section 15, Lot 11, Block 18, 19, and 20. WHEREAS, a public hearing was held by the Zoning Board of Appeals on June 15, 1994 at which time all interested persons and parties present were heard, and relevant documentation and testimony were presented to and considered by the Zoning Board; and WHEREAS, as part of its review, the Zoning Board has reviewed documents, statements and plans, including the following: 1. Plans submitted for the interior of the premises; 2. Application submitted by M. Bastos. 3. A short form Environmental Assessment Form (EAF). WHEREAS, the Zoning Board has determined that the type of establishment proposed would be characterized as a grocery store and does not fall within the restrictions of Section 62-20 of the Zoning Code. �• NOW, THEREFORE, BE IT RESOLVED, that the Zoning Board of Appeals determines that the applicant does not need a variance for his proposed business and further directs the Building Inspector to issue a building permit for the construction of same. Dated: July 20, 1994 Frank Paolantonio, Chairman et Gandolfo, A/torney � 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-1994 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_1994-06-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-1994 Date A point or period of time associated with an event in the lifecycle of the resource 1994 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