https://sleepyhollow.localarchives.org/files/original/2b9e8b5c97f74fc0689b5adeaca27c9f.pdf a55c745ef353a9bbdf58fef0e401709a PDF Text Text Approved wii respect to substance and form: Village Attorney / D^ted: -7//f/f< / Approved/bW the Zoning Board CJaaarman or/Acting Chairman Dated: l | ^ | ^ Filed with Village Clerk G.& e±erTC~Or D e p u t y C l e r k Dated: <p// 6 /f.r ing ._— - » ™ _ _ ^ ^ - - * - . - * ig^y^f^J*, / *~^-^;-~^;/^^^rA.^^^ * ^ * # i*K jr.*:^. "r-V"*:«#.-:-^:*£ria«^^a^BSg^^^^^^ �REGULAR MEETING NORTH TARRYTOWN, NEW YORK May 17,1995 A regular meeting of the North Tarry town Zoning Board of Appeals was held on May 17,1995 at 8:00 p.m. at the Village Hall, 28 Beekman Avenue, North Tarrytown, New York. PRESENT: Robert Anello, Chairman William Taylor John Morabito Gary McLean Angelo LoMascolo Frank Occhipinti ABSENT: Rhonda Mauhs ALSO PRESENT: Janet Gandolfo, Attorney Mr. Robert Anello was unanimously voted new Chairman of the Zoning Board of Appeals by the Zoning Board members. Chairman Anello called the meeting to order at 8:05 p.m. 1. PETER CREAN, 126 Merlin Avenue- REBUILDING OF A GARAGE The clerk read the Notice of Public Hearing to hear and consider an appeal by Peter Crean from a decision of the Building Inspector dening 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 1 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. Mr. Sear McCarthy, the architect for the applicant, came forward and explained the damage on the existing garage. He stated that there wasn't any other place to build the garage and that the new garage was going to be built the same size as the old one and they were going to eliminate a little bump which was in the front. Chairman Anello asked if anyone in the public wanted to comment on the application. Mr. John Morabito moved to close the Public Hearing. �Gary McLean seconded. Carried unanimously. Public Hearing closed. Discussion followed. Mr. Morabito commented that if he was going to put it on the same foundation, it wouldn't be any problem. Mr. Frank Occhipinti ask whether it was going to be painted pink. Mr. McCarthy answered that it wasn't. Mr. Morabito made a motion that the request be granted. Mr. Occhipinti seconded. Motion carried unanimously. 2. JOSEPH IURATO, 52 Depeyster Street - FOUR FAMILY HOUSE The clerk read the Notice of Public Hearing to hear and consider an appeal by Joseph Iurato from a decision of the Building Inspector which denied a Certificate of Occupany for a four (4) family residence for premises located at 52 Depeyster Street, North Tarry town. 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 maps of the Village of North Tarrytown. Chairman Anello asked if anyone was present to speak for the applicant. Mr. Joseph Iurato came forward and said: "I've had this house, my mother had the house for over 30 years. Since we had this house it has always been a four (4) family house. We have been paying our taxes for years as a four (4) family house." Chairman Anello opened the Public Hearing. Ms. Eleanor Russo said: "I'm just here to confirm that he has a four (4) family house on 52 Depeyster Street. I'm his neighbor. I live at 46 Depeyster Street and we bought our house in 1956 at which time it (Iurato's) was owned by Mr. Savatorie DiStefano and it was a four (4) family house then. There was one (1) apartment in the basement, two (2) apartments on the first floor and one (1) apartment on the second floor." Chairman Anello asked if that was the way it was now, in those locations. Ms. Eleanor Russo answered that it hasn't been changed. Chairman Anello asked her if she has been there since 1956. �She answered yes. Ms. Carmela Delflon stated that she had been living in the neighborhood for 25 years. Her mother bought her house in 1965. She stated Mr. Iurato's house has been a four (4) family for as long as she can remember. Chairman Anello asked if anyone else in the public wanted to comment. Mrs. Iurato said: "Mr. Margotta told my husband, I remembered, that it was as three (3) family house. The families were top floor-one family, the first floor that was divided into two apartments was listed in the Village Hall as one and the basement was the other." Chairman Anello asked here where was the ViUage mistaken. She answered on the first floor where the Village had one apartment when in reality there were two apartments. Chairman Anello commented that the back of the house looked like it had an extension. He asked when the extension was done. ^^ Mr. Joseph Iurato answered that it was there when they bought the house. Chairman Anello asked "in the last 30 years, you haven't extended the house at all?" Mr. Iurato answered no. Chairman Anello asked how much parking was on the premises. Mr. Iurato commented that everyone parked on the street Chairman Anello said: "So, really your request is for it to be declare a nonconforming use rather than your seeking a variance." Mr. Angelo LoMascolo asked if the Board could take Ms. Russo's testimony under oath. Chairman Anello stated that the Board had her affidavit Mr. LoMascolo answered that her affidavit only went back 30 years, whereas the Zoning Code is more then 30 years old. She said that she has only been there since 1956. -3- �Discussion as to when the Zoning Code went into effect followed. Janet Gandolfo commented that the initial Zoning Code was set up for different areas in 1964. Mr. Occhipinti pointed the discrepancy on the house being on the agenda as a two (2) family and on Mr. Iurato as a three (3) family. Chairman asked Mr. Iurato if he had anything else to give to the Board. Discussion as to former and present tenants followed. Mr. Morabito asked Mr. Iurato if he was paying taxes on a four (4) fmaily house because of the assessment done in the Village at that time. Mr. Occhipinti commented that he was paying on a four (4) family because he had use as a four (4) family house. Chairman Anello asked Mr. Iurato if he was trying to sell the house. Mr. Iurato answered yes. Chairman Anello "does anyone have any other questions in regards to establishing whether or not htis is a non-conforming use as opposed to a variance, because if it's a non-conforming use, he's entitled to it no matter what. The question is do we have any other way of determining whether or not it does predate the Code." Mr. LoMascolo indicated that it would be useful if Ms. Russo stated under oath as to how long she has known the house to be a four (4) family house. Chairman Anello asked Mr. Iurato if he could, how long his family had owned the house. Mr. Iurato answered since 1965. Chairman Anello asked Ms. Russo to step forward and explained to her what the Board would like her to say under oath. Ms. Russo was sworn in by Chairman Anello. Mr. LoMascolo: "Do you understand what it means to testify under oath?". Ms. Russo: "Yes". Mr. LoMascolo: "You say that you moved in your house in 1956, is that correct?". �Ms. Russo: "My house, 46 Depeyster Street in 1956". Mr. LoMascolo: "At that time you actually recall there being four (4) families living in 52 Depeyster Street?". Ms. Russo: "Yes". Mr. Morabito motioned to close the Public Hearing. Mr. McLean seconded. Motion carried. Public Hearing closed. Chairman Anello commented that there was no evidence that it wasn't a four (4) family. All the evidence the Board had indicated that it was a four (4) family from and before 1965. Ms. Russo recalled it that way, the purchasers and the people in the house remembered it as least from 1965. Mr. Morabito stated that he was born and raised in that area and remembers it as a multi-family neighborhood. Mr. Morabito motioned that the request be granted and be declared a nonconforming use and that the Building Inspector be authorized to issue a Certificate of Occupancy for a four (4) family house. Mr. McLean seconded. Motion carried unanimously. Mr. Morabito made a motion to approve the minutes of March 15,1995 as amended. Chairman Anello seconded. Mr. LoMascolo abstained. Motion carried. There being no further business before the Board, Mr. LoMascolo moved to adjourn the meeting. Mr. Occhipinti seconded. Carried unanimously. The next Zoning Board of Appeals meeting will be held on June 21,1995. Respectfully submitted Resnectfv CARMEN G. MARIANO Recording Secretary �J AGENDA # • 1 Zoning Board of Appeals May 17, 1995, 8:00 P.M. i 1. Peter Crean, 126 Merlin Avenue. Requests a variance to erect a garage with a 10'-0 rear yard setback. Regulations, Part I requires a 25'-0 rear yard setback. 2. Joseph Iurato, 52 Depeyster Street. Requested a Certificate of Occupancy for a four-family house. The request was denied. The building department records indicate that this is a two-family residence. /-' �wtmmmamk urn u m m *•»••» J , ^ • a ^ f c i l i l t r i * • • i !•* — •» - PUBLIC HEARING NOTICE VILLAGE OF NORTH TARRYTOWN '' PLEASE TAKE NOTICE that the Zoning Board of the Village or 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: A p r i l s , 1995 t t i , i * J -,--~J-^i-i*^.-, * J ?&£%^&-5i-v&&33P£. ^s^iM^^^ii^S^ji^Si^^^l^^^^i^^^s^^^^si ^^^^^^^^^ii^^^^^&^^^^^^ �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 Beetcman Avenue, North Tarrytown to hear and consider an appeal by Joseph Iurato 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 nonc6mforming 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 r:~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_1995-05-17 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