https://sleepyhollow.localarchives.org/files/original/589911a31bd48a61af73e2c19e0cb308.pdf c7446894a53bbbab7ead1f2eb7344cbc PDF Text Text * Approved with respect to substance and form: Village Attorney Danted: Approved by the Zoning Board Chairman or Acting Dated: C h a i r m a n ' » Filed with Village Clerk _Clei-k—or Deputy Clerk Dated: jfafe �REGULAR MEETING NORTH TARRYTOWN, NEW YORK January 18,1995 A regular meeting of the North Tarrytown Zoning Board of Appeals was held on January 18,1995 at 8:00 p.m. at the Village Hall, 28 Beekman Avenue, North Tarrytown, New York. PRESENT: Frank Paolantonio, Chairman John Morabito Gary McLean Frank Occhipinti Robert Anello John Cappello ABSENT: Rhonda Mauhs ALSO PRESENT: Janet Gandolfo, Attorney James Margotta, Building Inspector ? Chairman Paolantonio called the meeting to order at 8:15 p.m. James Margotta stated that he had a telephone discussion with Trustee Ho reeky prior to the meeting. Trustee Horecky believes that the ZBA should not consider j Mr. Rodrigues' application until his recreation fees are paid in full. Chairman Paolantonio stated that this was not an issue for the ZBA to consider. It was asked whether 185 Valley Street had been given a CO and the Building Inspector responded that only the residential units had a CO, the commercial units did not. 1. PUBLIC HEARING: LAURENTINO RODRIGUES, CHESTNUT RIDGE HILLSIDE COURT PROJECT The clerk read the Notice of Public Hearing to hear and consider an appeal by Laurentino Rodrigues from a decision of the Building Inspector which denied a building permit for construction of a building at 76 Chestnut Street and 83 Depeyster Street The applicant is proposing to remove the existing residences and replace them with two three-story buildings containing total of 20 dwelling units, �« known as Chestnut Ridge/Hillside Construction. The applicant is requesting the following variances: 1) The minimum lot size for a residential use is 5,000 sq. ft for the first three dwelling units and 1,500 sq. ft. for each additional dwelling unit. The size of the property is 18,712 sq. ft. The applicant needs 30,500 sq. ft. for the proposed development. 2) In the C-2 District, there is a 20-foot front yard setback requirement. The applicant's plans show a setback of three feet on Chestnut Street and 5.5 feet on Depeyster Street. 3) A three foot minimum side yard setback is required for a residential use. A side yard setback of two feet is being proposed for the Chestnut Street side of the development. The total setback of both side yards is required to be 12 feet. Only seven feet is provided for the Chestnut Street side of the project and 10 feet for the Depeyster Street side. 4) A 25 foot rear yard setback is required for a residential use. The applicant's plan only shows a rear yard of approximately four feet. 5) The maximum building coverage for a residential use is 20%. The applicant is proposing a building coverage of 47%. 6) A total of 49 parking spaces are proposed for the site. The Code requires a total of 41. The spaces proposed on the plans are small than the minimum nine feet by 18 feet size required by the Code. 7) The Code requires that driveways be at least 15 feet from a side lot line at the street line. The applicant proposes two driveways and neither driveway complies with the Code. 8) One loading space is required for an office use. The proposed plan does not provide for any loading spaces. 9) The Schedule of Regulations contains a requirement of 100 sq. ft. of usable open space per dwelling unit for multiple dwellings. In this case, 2,000 sq. ft. total would be required. The proposed plan does not show any usable open space. The premises are known as Section 16, Block 11 and Lot 8 and 15 on the tax assessment map of the Village of North Tarrytwon. Chairman Paolantonio asked if anyone in the audience had any comments on this application. Mr. Ron Turnquist came forward and stated that he was the architect and Laurentino Rodrigues was the owner of the project. He explained details of the project by referring to the site plans distributed to the Board members earlier. Referring to the project model, he pointed out the features of the buildings. Mr. Turnquist addressed the financial harship issue and explained why the applicant needs 20 units approved in the project in order to make it economically feasible. �Discussion followed on the financial cost of the project and Board members wanted more details from the applicant. They questioned how Mr. Rodrigues arrived at the figures in his cost analysis. Mr. Turnquist went over the cost of the project and stated that in order to make any profit, they need 20 units. He reviewed the financial break-down in an effort to explain in more detail to the Board members. Mr. Robert Anello commented that there was no proof of financial hardship on the current ownership. He also asked what was the need to do the project. He stated that the Board had to look at financial hardship and looking at the numbers, there was no financial hardship. Mr. Turnquist tried to explain the reasons why Mr. Rodrigues wants to build the project. They couldn't do it for 12 units, so that was why they were before the Board to get approval for the variances needed. Discussion followed on why the project needs to be done, the expense of the building now, the maintenance, etc. Mr. Rodrigues stated that he liked to build new buildings because with old buildings there is a lot of maintenance and an owner ends up spending more money on repairs. Discussion followed. Chairman Paolantonio commented that he (Mr. Rodrigues) had been buying and rebuilding houses for a long time. "He didn't go into this project blind, he knows what he is doing." The Chairman then asked Mr. Turnquist if he was through with his presentation. Being that he was, he then asked the Board if they had any questions. Questions arose on open spaces, parking and the driveways. Mr. Turnquist answered the questions by referring to the site plans. Ms. Gandolfo pointed out that terraced spaces were not what was contemplated when the Village adopted the requirement that new projects have open spaces. Discussion on open spaces and parking spaces followed. Chairman Paolantonio asked if anybody else on the Board had any more questions. There being none, he asked if anyone in the audience had any comments. • ;-ii5Wfc-&«ss3Je3^3(^#iJs3teVi<<*tta^^ �George Samaras, 175 Valley Street, asked if Gary McLean had a right to sit on the Zoning Board of Appeals. The question was referred to Ms. Gandolfo who advised Mr. Samaras to address his question to the Mayor and the Board of Trustees if he had any issue with the appointments to the Zoning Board of Appeals. Mr. Samaras tried to continue this line of discussion and the Chairman told him that the Board was not here to discuss the legality of an appointment. If he had a complaint, he had to go to the Board of Trustees. Mr. Samaras "I want to talk about Mr. Rodriques now. Does Mr. Rodrigues have a permit to dump on his property." Chairman Paolantonio stated that it had nothing to do with this Board. It was the Inspector's job. Mr. Margotta "We recognize that Mr. Rodrigues needs fill and as far as I'm concerned, he can dump decent fill on his property." Mr. Samaras continued to argue about Mr. Rodrigues' authority to dump fill on the property. The Chairman told Mr. Samaras that he was out of order. Mr. Samaras was asked to leave by the Police for being out of order but then he was permitted to return to the meeting. The Chairman asked if anybody else had anything to say about the application. Fred Opie, Jr., 55 Batton Road, Croton, New York stated that he owned the property across the street from 83 Depeyster Street He wanted to known how much Mr. Rodrigues was going to get for rent for the units. The Chairman answered that the estimated rent for a 1 bedroom apartment was $800 and for 2 bedrooms it was $1,000. These were the estimated rents as submitted by the applicant. Mr. Opie questioned whether average families could afford to pay this rent? He stated that the reason he was asking this question was because this neighborhood was basically a low income neighborhood and he was wondering if the old character of the neighborhood was going to change because of these rental units. Robert Anello asked him if he thought that the rental price of $1,000 was higher than the general rental prices in that neighborhood. Chairman Paolantonio reminded everyone that the Board only determines area �and use variances. Mr. Opie stated that the building could affect the assessment on his mother's property and any increase in taxes could bankrupt her. He also pointed out that there is very limited parking on Depeyster Street. Donald Caetano, 43 Lawrence Avenue, North Tarrytown stated that with G.M. going away, taxes were going up. Bringing this project in would be good for the Village and lower our taxes. He praised people who come to this community to invest. -j Mr. Miguel Jimenez, 95 Beekman, North Tarrytown stated that the Chairman should sometimes be more patient. He stated that some people get excited but that everybody should have an opportunity to talk even if they are wrong." Frank Rey, North Tarrytown, stated that he felt that the project was too large. George Samaras stated that Mr. Rodrigues gets favored treatment all the time and that the ZBA should think of the impact of this project on the schools. He also stated that we should let the residents know what we are doing here. Chairman Paolantonio said that notices were published in the newspaper for all meetings. Mr. Samaras stated that a lot of people in this Village don't know what's going on in the Village. Bob Carpenter, Pocantico Street, North Tarrytown stated that there should be compromise on both sides. With G.M. on the way out, taxes and rents are going up for everybody. He stated that he was in favor of the project. Antonio Amereli, 166 Cortlandt Street and 87 Depeyster Street. "What we talking about here is the Zoning Law, Zoning Regulation. We talking about the approval of this project. We need people like Mr. Rodrigues, but that is besides the point. We are talking about a lot of difference. Too much for this property. Suppose we approve this plan, I come in a week and I say I want to pull my house down and built a Ave family house, what is the Board going to say - No?" Chairman Paolantonio asked if anybody else had any comments. There being nobody else, he asked for a motion to close the Public Hearing. John Morabito moved to close the Public Hearing. Frank Occhipinti seconded. Motion carried unanimously. Chairman Paolantonio commented that the Planning Board was going to meet the next day. They were Lead Agency for SEQR purposes of this project. �Discussion on whether to adjourn to next month and re-open the Public Hearing followed. Chairman suggested to put off the final decision until next month after hearing some input from the Planning Board. Robert Anello commented that he wanted to go over the rental numbers and know where they came from. John Morabito motion to adjourn this application to next meeting in February. Frank Occhipinti seconded. Motion carried unanimously. 2. LAURENTEVO RODRIGUES, 155 VALLEY STREET- PIZZA PARLOR The clerk read the Notice of Public Hearing to hear and consider an appeal by Laurentino Rodrigues from a decision of the Building Inspector which denied a building permit for installation of a Pizza restaurant at 185 Valley Street, North Tarrytown, New York on the following grounds: Section 6220.1 of the Village Code entitled Restaurants, delicatessens, food service establishments, taverns, bars and drinking establishments reads that No portion of the property used for a restaurant or food service establishment or delicatessen or tavern or bar shall lie 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. The premises are known as Section 16, Block 11, and Lot 1 on the tax assessment map of the Village of North Tarrytown. Chairman Paolantonio asked if anyone in the audience wanted to make a comment. Mr. Turnquist, the architect, came forward and referring to the site plans, went over the proposed pizzeria. He explained why the "La Piazza" wanted to move to a new site. He said "We feel that there is room in the Village of North Tarrytown for another pizzeria." Robert Anello asked if this property had been on the market to rent. He asked whether it was hard to rent the space. Mr. Rodrigues answered "Yes" Frank Occhipinti asked if his tenants across the street had a problem with this application. �Mr. Rodrigues answered "No" Chairman Paolantonio asked if there were any further comments from the Board. There being none, he asked the audience if they had any comments. Ellie Samara, 175 Valley Street, stated that he objected to the pizza store going in. He stated that North Tarry town did not need another pizza parlor. He questioned why the Board would make a decision on this case when there was a lawsuit pending against the Zoning Board for Rodrigues' deli application. He stated the Board should wait to make a decision. Chairman Paolantonio told Ellie that this hearing was about a Pizzeria on Valley Street and not about the lawsuit. They were two different issues. Ellie Samaras again brings up the law suit and the tax payers paying for the lawyer's fees. Donald Caetano pointed out that this project was approved by the Village of North Tarrytown Zoning Board and by the Planning Board. Mr. Rodrigues is trying to rent his property. It's up to the Board to give to their best of their ability to this man who wants to bring a business to North Tarrytown which does not violate any Code as far as another pizzeria is concerned. Angelo Guzzo, Beekman Avenue. "I'm here looking into the future of my father's pizzeria. On a straight line this pizzeria comes to 192 ft. We depend on the people who walk up from College Arms and Valley Street to buy something. According to this, it eliminates me. The Piazza is from Tarrytown. There are stores spaces available in Tarrytown." Miguel Jimenez questioned the Code, the problems of the previous Code and the Code as it is now. He suggested that the Board make a proposal and go to the Village of North Tarrytown and take this law away forever. Frank Occhipinti told Mr. Jimenez that Major Treacy was a co-author of the Code. When he realized that it was conter productive and wanted to rectify it, he brought it up to the Board of Trustees. They didn't want to do anything about it. Chairman Paolantonio, referring to Mr. Jimenez, said that the Code was put in to deter the same kind of businesses in the Village. If he didn't like the Code, he could go before the Board of Trustees, petition and represent your case. The Zoning Board doesn't have the power to change the Code. He told him to petition the Board of Trustees to knock this Code out if they didn't like it. The Code wasn't put to deter competition. �Ellic Samaras stated that he was opposed to any type of food establishment going in at this location. He wants to stop the pizzeria. He told the Zoning Board to meet with the Board of Trustees before it gives an illegal variance. He said to the Board "Either you go by the book or you don't go by the book. I'm not here to pay lawyers, I'm here to tell the Board to take the book and follow what is the book." Donald Caetano stated, "Chairman, maybe a lot of people are not aware, any variance to be given is up to them. Whether they want to approve or disapprove, this is the power of the Board. So, all those arguments back and forth, give your opines, your suggestions; if the Board wants to give it O.K. or say no, its up to them no matter what variances are within this community." Mr. Jimenez questioned where are we going to park to get to the pizzeria. The Chairman stated that the Code doesn't call for parking spaces for a business. Mr. Margotta commented that there was a business establishment there before which didn't require parking. Now he's putting in a business establishment which doesn't require parking except for the upstairs. Chairman Paolantonio asked for a motion to close the Public Hearing. John Morabito made a motion to close the Public Hearing. Robert Anello seconded. Public Hearing closed. Gary Mclean stated that this Code in effect creates a monopoly. That's why this is a free country. If you have a business and can't survive, get out of the business. Robert Anello wanted some indication of what efforts had been made to rent to businesses other then food establishments. To give a variance, you still have to follow the rules for an area variance. John Cappello stated that laws are in the books. We should abide by them. Nothing has changed. What's to prevent somebody else going down the street 200 feet and opening up another pizzeria. Robert Anello suggested to adjourn the matter, to come back with more information. John Morabito asked if it will be a hardship on the applicant to put it off for another month. John Cappello stated that they created their own hardship. He stated that Larry knew that there was a 200 feet law in the Village. �Discussion followed as to whether to adjourn or not. Robert Anello explained to Mr. Rodrigues and Mr. Turnquist the proof he needs to show hardship and why he needs to do so. Robert Anello moved to adjourn this application till next month. John Morabito seconded. Chairman Paolantonio stated that the meeting was adjourned to the third week in February. Let the applicant bring in proof to the Board to show hardship pertaining to this application Motion carried unanimously. John Morabito moved to approve the minutes of December 21,1995. Gary McLean seconded. Motion carried unanimously. There being no further business before the Board, the meeting was adjourned. Respectfully submitted CARMEN G. MARIANO Recording Secretary �^ ^ Q project: CHESTNUT RIDGE/HILLSIDE COURT 76 Chestnut Street/83 Depeyster Street North Tarrytown, New York Owner: Laurentino Rodrigues Enterprises 180 Valley Street North Tarrytown, New York Project Financial Feasibility A. ^P s Present status: Cost of 76 Chestnut Street Cost of 83 Depeyster Street Total cost of properties $150,000 $150.000 $300,000 Income from rentals: 76 Chestnut Street 83 Depeyster Street $ 33,000/year $ 29,400/year Taxes (76 & 83) $ 8,000/year Maintenance (76 & 83) $ 5,000/year Assuming no mortgage: Income/costs ratio ($62,400/$313,000 - 19.9% * * Mortgage will decrease this amount B. Construction of total project: (Chestnut Ridge/Hillside Court) Cost of 76 Chestnut Street & 83 Depeyster (as per A.) $300,000 Demo & Site Improvements: Raze buildings (76 & 83) Grade, fill, etc. New retaining wall Pave parking Planting $ 40,000 $ 20,000 $110,000 $ 45,000 $ 15.000 $230.000 Construct 76 Chestnut Street: 3 floors @ 4,200 sq.ft. each = 12,600 sq.ft x $70/sq.ft = $882,000 1 floor (cellar garage) 4,200 sq.ft. x $30/sq.ft = $126.000 Cost to construct (76) = $1.008.000 - 1 - �Construct 83 Depeyster Street: 2 floors @ 4,200 sq.ft each = 8,400 sq.ft x $70/sq.ft. 1 parking level below <S> 4,200 sq.ft x $20/sq.ft. Cost to construct (83) $ 588,000 $ 84,000 $ 672,000 Anticipated Taxes: 76 Chestnut Street 83 Depeyster Street $ 60,000 $ 40,000 Total taxes $100.000 Maintenance: 76 Chestnut Street 83 Depeyster Street $12,0000 $ 8,000 Total maintenance $20,000 Income from rentals (76 & 83) 16 (2 BR units) @ $1,000/mo x 12 4 (1 BR units) @ $800/mo x 12 Office space @ $1,500/mo x 12 $192,000/year $ 38,400/year $ 18,000/year $248.000/year Assuming no mortgage: Income Taxes & Maintenance $248,000 $120,000 $128,400 Costs: Properties Demo & Site Construction $300,000 $230,000 $1,680.000 $2.210.000 Total costs Income/costs ratio ($128,400/2,210,000) - 5.8% * mortgage will decrease this amount - S-TE& 2 - ^^W^^^t&^M^^^^i^i^j^^i^^^M^^^^^^^^^^k^^^M^^^^^^^S^^^A f^^C'^-ist" �Construction of 12 Dwelling Units (as allowed by zoning) As per A. &B.: Cost of sites, demo & site improvements & construction of 12 DU's $1,538.000 Income of 12 dwelling units plus office space (as per 76) minus taxes and maintenance ($134,000-$75,000) $ Income/costs ratio ($59,400/$1,538,000) $3.9% * 59.400 * Mortgage will decrease this amount From the above calculations, to construct anything less than the project as designed is not financially feasible and is not a viable project. - 3 - S i ^ ' i a i K f f Ji : siji-'.'.' i^.*-WJ-s***;-**vwftr*ii>"-'i.'^'T»j4^±^*^^^Asmm&iMO^^M^b^J^^^MM^^^^M � 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-1995 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_1995-01-18 Subject The topic of the resource Zoning Board Minutes & Resolutions-1995 Date A point or period of time associated with an event in the lifecycle of the resource 1995 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