https://sleepyhollow.localarchives.org/files/original/181f96a20d52df412f7b058a7e95bb94.pdf 0481634888148c651b8ce828080d3fda PDF Text Text i Approved wi t to substance and form: Village Attorn Dai A: er/rjkf Cn^rm Dated Filed with Village Clerk •Clmk UJL peputy Clerk Dated: &fel<f/<?j^ Date o /f, /fPT �REGULAR MEETING NORTH TARRYTOWN, NEW YORK APRIL 19,1995 A regular meeting of the North Tarry town Zoning Board of Appeals was held on April 19,1995 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 ABSENT: Rhonda Mauhs Gary McLean John Cappello ALSO PRESENT: Janet Gandolfo, Attorney Chairman Paolantonio called the meeting to order at 8:15 p.m. 1. L. RODRIGUEZ: PIZZA PARLOR, VALLEY STREET APPROVAL OF STOREFRONT The clerk read the Notice of Public Hearing to hear and consider an appeal by Laurentino Rodriguez from a decision of the Building Inspector which denied a building permit for the 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 with two hundred (200) feet in a straight line from any lot or parcel taht 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. Mr. Turnquist, the architect, went over the commercial spaces on the premises that were vacant. He explained Mr. Rodrigues' effort to rent the spaces, 5 stores altogether. He handed out copies of the ads advertising the vacant stores. "People are interested, but once they are told of the location they don't call back." He went on to say that the owners of the Piazza in Tarrytown were interested in renting because they were looking for a place to re-locate in the Tarrytowns. �Chairman asked if any of the Board members wanted to ask any questions. Mr. Anello went over what Mr. Turnquist had said about the advertising. He asked Mr. Turnquist about the Deli that had previously been given variances and about other food establishments around the premises. Mr. Turnquist memtioned Mikes's Deli, the Bakery, and the Seabreeze Restaurant. Mr. Anello asked about other retail stores. Mr. Turnquist mentioned seven stores. Bakery, Seabreeze, Mike's Deli, Check Cashing, International Market, proposed Pizzeria, vacant store. Mr. Morabito asked how many sq. feet was the Mini-Market and was it rented. Mr. Turnquist answered that it was rented but he didn't know the present status. Mr. Rodrigues stated that they were in Court. Mr. Anello commented that the Deli may not happen. He then asked as to when they have gotten the variance. Chairman Paolantonio answered about a year ago. Chairman asked if there were any further comments. There being none, he asked if anybody in the audience had any comments. Mr. Pascuale Guzzo "My business is within the 200 feet. If the ordinance is there, I obey the ordinance." Mr. George Samaras "Mike's deli has had problems with Mr. Rodrigues before. Now we have another problem with Mr. Rodrigues. I would like to have the hardship he has. The people say the rent he charges is too high. This is not hardship." He goes on to state that Mr. Rodrigues' hardship was not really a hardship because the reason he couldn't rent was due to high rent. Mr. Caetano "No one can control rent on Mr. Rodrigues property. There is no rent control on commercial property. No rent control on stores. He's pleading hardship because people are not making business in his stores. The area is not the greatest in the Village of North Tarrytown and I will say it has been at least 65% improved by Mr. Rodrigues." Elie Samaras "As long as the law is there, we should go by it If you feel the ordinance shouldn't be there, get rid of the ordinance.'i i PAGE # 2 - ^ . - . . - ^ i ^ - a t f ^j^Z^**^**^ �V Chairman Paolantonio "I don't see anyone going before the Board. They are the only ones who can change it." He also stated that it wasn't put there to stop the competition. Mr. Samaras, "Last meeting they asked him to show hardship." He again goes over what he had said before. Mr. Rodrigues at this point wanted to know how Mr. Samaras knew so much about his business with his tenants. The Chairman asked that all parties address the Board. Mr. Anello moved to close the Public Hearing. Mr. Morabito seconded. Public Hearing closed. Chairman Paolantonio commented that the ordinance was not put in the books to stop competition. Mr. Anello "I think we should not address or deny whether we think it is a bad law or a good law. Our only job is to grant exception to the law. We are just here to find out whether or not there is a basis under the requirements for an area variance. What I look at is the requirements under the law to grant a variance or area variance. There are five things to consider. Just on the over all view, the next question is to see if there is an effect on the health, safety and welfare. I find it difficult to find a difference other then perhaps from having too many food service establishments and perhaps a litter problem. 1. Is there a change in the neighboorhood. I don't see any change. 2. Whether or not the benifit can be obtain by a means other than a variance. 3. Is it a substantial variance. No. 4. Is there an adverse impact on the environment. I don't think there is. 5. Is it a self created hardship. Probably. On balance "I'm in favor of granting the variance." Mr. Morabito "I agree with Bob. I see no reason to object to this." Mr. Anello made a motion to declare it a Type IISEQRA Acton with no material adverse impact on the environment PAGE # 3 �Mr. Morabito seconded. Motion carried unanimously. Mr. Morabito made a motion to grant the variance. Mr. Anello seconded. Moton carried unanimously. Mr. Morabito made a motion to approve the minutes of March 15,1995 as submitted. Mr. Anello seconded. Motion carried unanimously. There being no further business before the Board, the meeting was adjourned. Respectfully submitted, CARMEN G. MARIANO Recording Secretary PAGE # 4 �PUBLIC HEARING NOTICE VILLAGE OF NORTH TARRYTOWN PLEASE TAKE NOTICE that the Zoning Board of the Village of North Tarrytown will hold a Public Hearing on May 17, 1995 at 8:00 P.M. in the Municipal Building, 28 Beekman Avenue. North Tarrytown, New York, to hear and consider an appeal by Peter Crean from a decision of the Building Inspector denying a building permit to rebuild a garage, which was damaged by a tree on premises located at 126 Merlin Avenue. The applicant is requesting a variance from the Village Code, Regulations Part I requiring a 25 foot rear yard setback for a building in an R-2 District. The proposed garage would be built 10 feet from the rear yard. The premises are known as Section 14, Block 25, Lot 5 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 meeting. By Order of the Zoning Board of Appeals Linda David, Village Clerk Dated: ApriI4.4,1995 �t PUBLIC HEARING NOTICE VILLAGE OF NORTH TARRYTOWN PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of North Tarrytown will hold a public hearing on Wednesday, May 17, 1995 at 8:00 P.M. in the Municipal Building, 28 Beekman Avenue, North Tarrytown to hear and consider an appeal by Joseph lurato from a decision of the Building Inspector which denied a certificate of occupancy for a four-family residence for premises located at 52 Depeyster Street, North Tarrytown. The applicant states that the premises are a nonconforming use which predates the Village's zoning code. The premises are known as Section 16, Block 14, Lot 6 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: A p r i l s 1995 � 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_1995-04-19 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