https://sleepyhollow.localarchives.org/files/original/38758ccc93b8cc29d014f0b74e174b31.pdf 7a4091f1d5ce83a7dc635da0ec256062 PDF Text Text M Approved with respect to substance and form: llage Attorney ted: 111 |k \\y. Approved by the Zoning Board A^ez^z ^Or-?fc^-£f Chairman or Acting Chairman Dated: i,/,(. l ^ Filed with Village Clerk Clerk or Deputy Clerk Dated: / i ^ ^ / ^ c ^ Date of Meeting ^fefclfc;S3>^>^_isS^i:«*-i»4iifi^ �REGULAR MEETING NORTH TARRYTOWN, NEW YORK October 19, 1994 A regular meeting of the North Tarrytown Zoning Board of Appeals was held on October 19, 1994 at 8:00P.M. at Village Hall, 28 Beekman Avenue, North Tarrytown, N.Y*PRESENT: ^o\\0 Frank Paolaritonio, Chairman R<rbrr£t Morabito Rhonda Maiihs Frank Occhipinti Robert Anello John Cappello ABSENT: Gary McLean ALSO PRESENT: Janet Garidolfo, Attorney James Margotta, Building Inspector Chairman Paolantonio called the meeting to order at 8:00P.M. 1. Public Hearing - Laurentino Rodrigues, 185 Valley Street Clerk read the notice of Notice of Public Hearing to hear and consider a reguest to the Zoning Board by Mr. Laurentino Rodrigues to allow occupancy of the residential apartments at 185 Valley Street, North Tarrytown, N.Y. prior to the construction the Zoning Board when it granted several variances for said premises in January, 1994. The premises in question are designated in the tax assessment maps of the Village of North Tarrytown as Section 16, Block 11, Lot 1. Mr. Ron Turnquist came forward and stated that he was the architect for the project and that Laurentino Rodrigues was the owner. He distributed maps of the project to the board and went on to explain that they were here some time back regarding. 185 Valley Street. He continued to explain what variances they had received and the events and changes that have occurred since. He stated that they wanted the Zoning Board to allow the Building Inspector to issue a temporary CO until they could build the parking spaces required by the variance and then a final CO when the parking spaces are completed. At this point, Mr. Occhipinti asked the Chairman if the ZBA had jurisdiction on this issue and then a discussion followed. Chairman Paolaritonio went over the variances that were granted for this project and their conditions. He feels that Mr. Rodrigues should live up to the conditions that were set forth. �* PAGE #2 Discussion followed on the parking that should be available for the CO at 185 Valley Street. Mr. Turnquist explained the problems that they have had and the lack of feed-back by the Village consultants on the approvals. Chairman Paolantonio told him that the Board had no control of what has happened in the past from January to now, that this Board makes decisions on use variances and area variances. Mr. Turnquist stated that Mr. Rodrigues is the only person in this Village that is doing anything to update and to remodel buildings. Mr. Anello asked how many days Mr. Rodrigues thought there would be a delay in the building of the parking lot. Mr. Rodrigues answered 60 days. Mr. Anello asked if Mr. Rodrigues was asking for a waiver of one of the conditions of the variance for a period of 60 days. Mr. Rodrigues answered "yes". Ms. Mauhs asked as to what time frame they were looking at. Mr. Rodrigues answered that if everything goes O.K. with the building, in 20 days he could guarantee the parking lot will be done, but you never know. That is why he was asking for 60 days. Mr. Anello then asked what will happen if in 60 days you have not built the parking lot and you have tenants inside. Mr. Rodrigues answered that he will take the tenants out. Mr. Cappello: "You don't say that you going to put tenants out because you are not going to do it. You know that you can't displace people. You know that for a fact". Mr. Cappello asked Ms. Gandolfo "Do we have the jurisdiction to issue a CO?". Ms. Gandolfo answered: "Not to issue a CO." Mr. Cappello then asked a second question of Ms. Gandolfo. "Can we, as a Zoning Board overturn a decision and conditions of the Zoning Board?". Ms. Gandolfo: "I think his application is an appeal from the Building Department's denial of a temporary CO, that's what his application is for. Mr. Margotta and I spoke about whether or -V^r^-3*»V;kr#»ii*-*«i^sim*»i^ �* PAGE #3 not it would be required and we felt that because it wasn't a variance that was granted and a condition of the entire project, he should go to the Planning Board and back to the Zoning Bpard to get their approval on itV. Discussion followed on the previous decision and if it could be overturned and who had the jurisdiction. Mr. Morabito pointed out that if Mr. Mafgotta had issued a temporary CO they, wouldn't be here, because he has the right to issue a temporary CO. He didn't think that the Board should be put in a situation of doing the job of the Building Inspector. It's up to the Building Inspector to issue or deny a temporary CO. Mr. Turnquist expressed his feelings that they have been bounced around by the Boards. Mr. Cappello feels that if the board doesn't have the jurisdiction to issue a temporary CO, it should be turned back to wherever it has to go and out of the Zoning Board. Mr. Occhipinti also feels that is should be thrown into the hands of the Building Inspector. Discussion again followed on who could issue a temporary CO Mr. Cappello moved that the Zoning Board turn this over to the Building Inspector. Mr. Occhipinti seconed the motion. Motion carried unanimously. Mr. Samaras came forward and indicated that he missed the hearing and wanted to know the decision. He was informed that no decision was made and that the hearing was over. He demanded a copy of the minutes. He was told that he had to wait until next month when the minutes were approved and ask the Village Clerk for a copy. Mr. Cappello moved to review last month's minutes next month. Ms. Mauhs seconded. Motion carried unanimously. Being no further business, the meeting was adjourned. Respectfully submitted, '-"Carmen G. Mayiano Recording Secretary �VILLAGE OF NORTH TARRYTOWN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Village of North Tarrytown will hold a public hearing at 8:00 P.M. on Wednesday, October 19, 1994 at Village Hall, 28 Beekman Avenue, North Tarrytown, New York upon the application of Laurentino Rodrigues requesting the Zoning Board to allow occupancy of the residential apartments at 185 Valley Street, North Tarrytown, NY prior to the construction of eight (8) parking spaces which were a required condition by the Zoning Board when it granted several variances for said premises in January, 1994. The premises in question are designated on the tax assessment maps of the Village of North Tarrytown as Section 16 , Block 11 , Lot 1 . . At such hearing all interested persons will be given an opportunity to be heard. A copy of the application, including accompanying documents and maps will be on file in the Building Department, 28 Beekman Avenue, North Tarrytown for review by the public. By Order of the Zoning Board of Appeals Dated: September 2 2 , 1994 �» I INTER-BOARD MEMORANDUM TO: Members of the Zoning Roard of Appeals FROM: Janet A. Gandolfo, Esq. \l| DATE: October 19, 1994 RE: Application of Laurentino Rodrigues The Planning Board has requested that I advise the members of the Zoning Board of Appeals that it has no objection to the. ZBA permitting the Building Inspector to issue a temporary Certificate of Occupancy for the residential units located at 185 Valley Street pending the completion of the construction of 8 parking spaces as previously required by both the Planning and Zoning Boards. Mr. Rodgrigues appeared before the Planning Board last month and requested that he be given a temporary waiver on the parking spaces which were required in the site plan approval. The Planning Board stated that it had no objection but referred the matter to the ZBA because the parking spaces were a condition of the granting of the variances when Mr. Rodrigues first applied for approvals in the earlier part of 1994. If you have any questions regarding the above please do not hesitate to ask. cc: Members of the Planning Board I � 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_1994-10-19 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