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                  <text>Approved yith respect to substance and form:

Village Attorifey

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Approved by the Zoning Board

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Chairman or Acting Chairman
Dated: 3 -" /5~-

Filed with Village Clerk

CleiJCoT" Deputy Clerk

Dated: ^/^J%^

Date of Meetin

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�REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
February 15,1995

A regular meeting of the North Tarrytown Zoning Board of Appeals was held on
February 15, 1995 at 8:00 p.m. at the Village Hall, 28 Beekman Avenue, North
Tarrytown, New York.
PRESENT:

Frank Paolantonio, Chairman
John Morabito
Frank Occhipinti
Robert Anello
John Cappello

ABSENT:

Rhonda Mauhs
Gary McLean

ALSO PRESENT:

Janet Gandolfo, Attorney
James Margotta, Building Inspector

Chairman Paolantonio called the meeting to order at 8:00 p.m.

1. CATHERINE GUARNERI, 20 ELM STREET
INCREASING SIZE OF EXISTING GARAGE
The clerk read the Notice of Public Hearing to hear and consider an appeal by
Catherine Guarneri from a decision of the Building Inspector which denied a
building permit for construction of a garage at 20 Elm Street, North Tarrytown.
The garage is an accessory structure on a lot containing a five-family residence. The
applicant is requesting the following variances:
1) The Schedule of Regulations, Part 1 of the Village Code requires that a fivefamily residence have a lot size of 6,500 square feet. The actual size of the lot is
5,410 square feet.
2) The Schedule of Regulations, Part 1 of the Village Code requires that the
width of the lot be a minimum of 50 feet. The actual width of the lot is 31.91 feet
3) The Schedule of Regulations, Part 1 of the Village Code requires that the
front yard setback be a minimum of 20 feet. The actual front yard setback is 2 feet.
4) The Schedule of Regulations, Part 1 of the Village Code requires that an
accessory building located on a corner lot have a minimum front yard setback of 20
feet. The proposed front yard setback is 4.1 feet.
5} The Schedule of Regulations, Part 1 of the Village Code requires that an
accessory building have a minimum side yard setback of 5 feet. The proposed side
yard is 2 feet.

�6) The Schedule of Regulations, Part 1 of the Village Code requires that the rear
yard setback be a minimum of 25 feet. The actual rear yard is 1 feet.
The premises are known as Section 15, Block 11 and Lot 25 on the tax assessment
map of the Village of North Tarrytown.
Sean McCarthy, architect for the applicant, came forward and explained the
applicant's intentions. Referring to the site plans, he explained the problems they
had with the project.
Chairman Paolantonio asked Mr. Margotta why the construction was stopped.
Mr. Margotta replied that a building permit was issued for repair or replacement of
the existing structure. When the applicant commenced the work she increased the
size of the building. She moved it out a couple of feet and put in new footings.
They actually built a new building outside of the existing building. The drawing
indicates that it's larger than the original building.
Discussion between Mr. McCarthy and Board members followed.
Chairman Paolantonio asked the Board members if they had any further questions.
There being none, he asked if anybody from the audience had any comments.
Nick Bucci stated that in his opinion the old garage was a disaster. He believed that
the project should be granted so they could go ahead and finish it.
John Cappello motioned to close the Public Hearing.
Robert Anello seconded. Motion carried unanimously.
Public Hearing Closed.
John Cappello motioned to declare the Zoning Board of Appeals the Lead Agency in
this matter and to declare this a Type II Action which will have no material adverse
impact on the environment.
Robert Anello seconded.
Motion carried unanimously.
John Cappello motioned to approve the application.
Frank Occhipinti seconded.
Motion to approve the application carried unanimously.
Chairman Paolantonio advised Ms. Gnarneri to see the Building Inspector.

PAGE # 2

�2. PUBLIC HEARING: A &amp; S MACHINE, 101-105 CORTLANDT STREET
MANUFACTURING &amp; ASSEMBLY AT PROPERTY
The clerk read the Notice of Public Hearing to hear and consider an application by
A &amp; S Machine Co., Inc. 101-105 Cortlandt Street, North Tarrytown, New York for
a variance to permit manufacturing and assembly at the property situated at 101105 Cortlandt Street, North Tarrytown, N.Y. The premises are located within the
C-2 Zone and are known and designated as Section 16, Block 8, Lots 28,29,30,31,32
and 33 on the tax assessment map of the Village of North Tarrytown.
John Hughes stated that he was the attorney for the applicant. He explained to the
Board in detail what the applicant proposed to do with the property. He explained
the location of the property, the past history of the company and it's operation.
He explained in detail Mr. Schiavone's efforts to sell the property. He stated that
the hardship was unique. Referring to a copy of the Contract of Sale with the
Westco. Inc., he stated that their business was similar to that of Mr. Schiavone.
They currently have their business in Irvington and have been in business for over
25 years. They have three (3) pick-up trucks and two (2) vans and seven (7)
employees. He then passed out photos of some of the items they deal with; stainless
steel products, piping, welding, etc. - all related to the dairy industry.
Robert Anello asked what the use of the property is now.
Mr. Hughes answered that the property is presently vacant.
Robert Anello commented that the purchase price had gone down from the last time
Mr.Schiavone appeared before this Board.
Chairman Paolantonio asked if they had a power brake or power punches.
The applicants answered that they had no power brakes but had a small machine
that punched holes.
Discussion followed.
Robert Anello asked Mr. Hughes why he referred to the hardship as unique.
Mr. Hughes said it was because of the type of building that it was.
Mr. Margotta stated that it could not be converted.
Chairman asked if the Board had any more comments. There being none, he asked
the audience if anyone had any comments.

PAGE # 3

�Don Caetano felt that the Board should table the application and examine it further
before making a decision.
«

Lydia Michaelides, Howard Street, stated that when she heard these people wanted
to bring their business to the Village, she was glad. " Whatever can help to bring
people to the Village."
Frank Rey stated that the business would be an asset and contribution to the
Village.
Caetano asked Ms. Gandolfo if the property was still on the tax rolls.
Ms. Gandolfo stated that she didn't know what they were paying in taxes now but
that the property is currently on the tax rolls.
Discussion followed regarding use of the vacant land located on Clinton Street,
parking, and storage.
John Morabito motioned to close the Public Hearing.
Frank Occhipinti seconded. Motion carried unanimously.
Public Hearing closed.
Discussion among the Board members followed.
An interruption of this hearing at this point was made in order to allow the
applicant to discuss certain questions with Mr. Hughes.
Mr. Hughes explained to the Board where they would propose to put the storage
and parking spaces.
John Morabito motioned to declare the Zoning Board of Appeals the Lead Agency
in this matter and declare this a Type II SEQRA Action with no material adverse
impact on the environment.
John Cappello seconded.
Motion carried unanimously.
Discussion followed on the kind of manufacturing.
Mr. Anello moved to grant the variance subject to the following conditions:
1. The manufacturing be limited to the manufacturing described in the letter
dated Sept. 21 * 1994 on page 2. Said letter will be annexed hereto and made part of
these official minutes.
2. That all loading and unloading occur from the rear of the building on the
Clinton Street side.

PAGE # 4

�3. That the owner provide and maintain 12 parking spaces for owners and
employees on Lot 28 on the Clinton Street side, properly designated with parking
tines.
4. Up to 4 parking spaces for customers must be provided on Lot 33 on the
Cortlandt Street side.
5. Outside storage to be limited to the rear portions of Lot 28, 29 &amp; 33 as
designated on the plans submitted with the minutes.
6. The storage area must be fenced as not to be visible from street.
John Morabito seconded.
Motion carried unanimously.

3. LARRY RODRIGUES, PIZZA PARLOR, 185 VALLEY STREET
CONTINUATION
Mr. Ron Turnquist, the architect, requested to continue next month for lack of
documentation. Being that he couldn't, he withdrew the application and will reapply again in the future.
4. CONTINUATION OF SITE PLAN APPROVABLE OF APPLICATION RE:
CHESTNUT RIDGE
Mr. Ron Turnquist, architect and George Laurentiho, representing his father,
Larry Laurentino, came forward. Referring to the site plans, Mr. Turnquist went
on to explain the changes made since the last presentation on Chestnut Ridge. He
stated that 76 Chestnut remained the same and that 2 units were cut from 83
Depeyster. He said that the concern was that there were too many dwelling units, so
they compromised by taking 2 units out - from 20 units to 18 units. He went on to
explain the changes on the project indicating that they now meet all the
requirements needed for the variances.
Discussion on the parking spaces for 185 Valley Street ensued.
Chairman Paolantonio bought up the issue that Rodrigues hadn't provided the S
parking spaces for the apartments and the 10 parking spaces for the Village.
Mr. Turnquist said that they never had agreed to t h a t

PAGE # 5

�Mr. Margotta explained: "I think what happened was that Larry bought 76
Chestnut Street and he wanted to tear the building down, negotiate with the Village
to build a parking lot and in that parking lot he would provide parking for his
apartment house and the rest of the parking area the Village would metered.

But, the Village would build the parking lot. Then Larry bought the property on
Depeyster Street and the whole ballgame changed."
Discussion followed on parking for the project.
Mr. Turnquist stated that they have tried to address all the comments and he felt
that the project was a good one. The advantages of new housing verses the open
buildings that are on the site non-conforming. He goes on to explain in detail all
the changes made after the 2 units were removed.
Discussion on handicapped units, handicapped lifts and property taxes followed.
Mr. Turnquist went over the financial list pointing out the new figures.
Chairman Paolantonio questioned those figures and commented that nobody builds
a project without making a profit.
Mr. John Cappello commented that the area was going to be very congested.
Mr. Turnquist disagreed with Mr. Cappello's comment.
Discussion on the total number of dwelling units ensued.
Robert Anello felt that they had addressed the issue of hardship and had satisfy the
elements for an area variance which he identify.
Chairman Paolantonio asked if anybody else had comments. He asked the Board
what they wanted to do.
Mr. Margotta: "Are you going to vote on this tonight? I don't think the intent was
to come to a decision tonight. Was it? I thought the Planning Board just wanted
them to review it at this meeting and then after, at a later date, have a Zoning
Board meeting."
John Morabito: "I think that part of Chestnut Street, Depeyster Street and Valley
Street are getting a little better than Beekman Avenue. I've got to commend
Rodrigues for putting his money, work and effort into North Tarrytown - patting
some tax property on Village records. I think that's more than a project. I make a
motion that we grant this."

PAGE # 6

�»
»

Ms. Gandolfo asked if he was making a motion on each and every variance.
John Morabito motioned to grant the variance as noted on the site plans revised on
January 25,1995 for 18 units with accompanying variables.
Frank Occhipinti seconded.
John Cappello voted No. Morabito, Occhipinti, Anello &amp; Paolantonio voted yes.
Motion carried.

John Morabito moved to approve the minutes of January 18,1995 as amended.
Frank Occhipinti seconded.
Motion carried unanimously.
There being no further business before the Board, the meeting was adjourned.

Respectfully submitted,
CARMEN G. MARUNO
Recording Secretary

#PAGE #7
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�VILLAGE OF NORTH TARRYTOWN
PUBLIC NOTICE
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of North
Tarrytown will hold a public hearing on Wednesday, February 15, 1995 at 8:00 P.M. in
the Municipal Building, 28 Beekman Avenue, North Tarrytown to hear and consider an
appeal by Catherine Guarneri from a decision of the Building Inspector which denied a
building permit for construction of a garage at 20 Elm Street, North Tarrytown. The
garage is an accessory structure on a lot containing a five-family residence. The applicant
is requesting the following variances:
1) The Schedule of Regulations, Part I of the Village Code requires that a fivefamily residence have a lot size of 6,500 square feet. The actual size of the lot is 5,410
square feet.
2) The Schedule of Regulations, Part I of the Village Code requires that the width
of the lot be a minimum of 50 feet. The actual width of the lot is 31.91 feet.
3) The Schedule of Regulations, Part I of the Village Code requires that the front
yard setback be a minimum of 20 feet. The actual front yard setback is 2 feet.
4) The Schedule of Regulations, Part I of the Village Code requires that an
accessory building located on a corner lot have a minimum front yard setback of 20 feet.
The proposed front yard setback is 4.1 feet.
5) The Schedule of Regulations, Part I of the Village Code requires that an
accessory building have a minimum side yard setback of 5 feet. The proposed side yard is
lfoot.
6) The Schedule of Regulations, Part I of the Village Code requires that the rear
yard setback be a minimum of 25 feet. The actual rear yard is 1 foot.
The premises are known as Section 15, Block 11, Lot 25 on the tax assessment
map of the Village of North Tarrytown.
All taxpayers, residents and interested parties are entitled to attend and be heard at
the aforesaid hearing.
By Order of the Zoning Board of Appeals
Linda David, Village Clerk
Dated: January 12, 1995

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PUBLIC NO f l t e

VILLAGE Of NORTH LARRY TOWN
PLEASE 'LAKE NOTICE that the Zoning Board of Appeals of the Village of North
Tarrytown will hold a public hearing on February 15, 1995 at 8 o'clock p.m. at Village Hall,
28 fieekman Avenue, North Tarrytown. New Voile to hear and consider an application by A&amp;S
Machine Co..; Inc., 101-105 Cortlan'dt Street. North Tarrytown, New York for a variance to
permit manufacturing aiid assembly at the. property situated at 101-105 Cortlandt Street, North
Tarrytown, New York.

The premises are located within the C-2 Zone and are known and designated as Section
16. Block 8 ; Lots 28, 29, 30. 31/32. and 33 on the tax assessment map of the Village of North
Tarrytown.
All taxpayers and interested parties are entitled to appear and be heard at this hearing.

UNDADA.V1D
Village Clerk

5

By Order of the Zoning Board of Appeals
January 25/1995

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