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Approved with respect to substance and form:

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�REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
July 19, 1995

A regular meeting of the NDrth Tarrytown Zoning Board of Appeals was
held on July 19, 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
Rhonda Mauhs

ALSO PRESENT:

Janet A. Gandolfo, Attorney
James Margotta, Building Inspector

Chairman Anello called the meeting to order at 8:10 p.m.
1)

MR. &amp; MRS. JOHN MONACO, 53 Fremont Road - Continuation

Mr. Monaco came forward and explained that he was present at the previous
meeting. He stated that he and Mr. White of the Sleepy Hollow Manor
Assoc, had come to a conclusion.
Mr. Weiss came forward and explained that they had proposed that the
fence, be an overall height not to exceed 4ft. 2inches and Mr.
Monaco agreed.
Mr. Monaco explained the fence was going to be screened by
greenery. He stated that he was very happy with the proposal.
Chairman Anello read a letter that the Zoning Board had received from
the ARB dated July 19, 1995.
Mr. Monaco said that was prior to his meeting with the Sleepy Hollow
Association.
Discussion on the fence ensued.
Mr. Margotta asked Ms. Gandolfo whether the applicant needed approval
from the ARB as well as the ZBA.
Ms. Gandolfo answered that approval from both Boards was needed.
Mr. Monaco asked what will happen if it was approved by one Board and
not the other.
Ms. Gandolfo answered that he would not be able to construct the fence.
She said that he should reach some compromise with the ARB.
Chairman Anello ask if anyone from the public had any comments.

�•

Mr. Occhipinti moved to close the Public Hearing.
Mr. McLean seconded.
Public Hearing closed.
Mr. Occhipinti made a motion to approve the variance with the stipulation
that the greenery be bought up to the full height of the fence.
Mr. McLean seconded.
Motion to approve the variance carried unaniamously.
2)

ANTONIO RODRIGUEZ, NORTH BROADWAY - RE-NOTICE

The clerk read the Notice of Public Hearing to hear and consider an
appeal by Antonio Rodrigues from a decision of the Building Inspector
which denied a building permit for the construction of an office and
retail building at premises located at North Broadway. The applicant
is requesting the following variances:
1. The Schedule of Regulations, Part II requires a 20 foot rear
yard in addition to a 5 foot buffer area between a business district
and a residential area as required by Section 62-9 (2). The applicant's
plan provides for a 15 foot rear yard.
2. Section 62-14E of the Code requires 57 parking spaces forthe proposed
project. The plan provides for a total of 44 spaces.
3. Section 62-14F of the Code requires that 2 loading spaces be
provided. The plan provides for 1 loading space.
4. Section 62-14C requires that an access drive shall not exceed
25 feet. The applicant's plan proposes an access drive of 27 feet.
5. The Village Code prohibits any wall or open or solid fence in
excess of six (6) feet in height to be erected in any business or
commercial district. The applicant is proposing a 12 feet terraced
retaining wall be built on the north side of the project.
The premises are known as Section 17, Block 21 and Lots 15 thru
37 on the tax assessment map of the Village of North Tarrytown.
Mr. John Hughes came forward. He went over what was said at last
month's meeting and the purpose of the present meeting was the
re-notice.
Louis Contadino, referring to
done since the last meeting.
wall was going to be and what
wouldn't be any landscaping.
was on Antonio's property.

the site drawing, explained what he had
He showed the Board where the retaining
it would look like. He said that there
He also stated that the retaining wall

Discussion on the retaining wall and it's location followed.
Ms. Gandolfo asked if they intended to get permission from the property
owners prior to construction,
Mr. Hughes said that the wall sat on property line and that the wall will
be safe. It was better deal all around for everyone.
He distributed to the Board the Acquisition &amp; Development costs of the

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project.
Chairman Anello asked Mr. Hughes to address each variance.
1. On the buffer, Mr. Hughes stated that because of the size and the
way the property was situated they couldn't comply with the Code.
Mr. Contadino referring to the drawing of the project
explained that as far as the intent of the buffer or shield to hide
items that you rather not see, he thought that the section he prepared
several months ago indicated that the site itself was a natural buffer.
He said that it was a very narrow building from a retail point
of view.
2. On the parking, Mr. Hughes said that they are 20 per cent short of
what the Code required. He had given out figures as to why they were
short and explained the cost of the project to the applicant. He went
over the costs of the construction.
Chairman Anello asked Mr. Hughes if they had submitted an EAF.
Mr. Hughes said they had done so to the Planning Board.
He stated that the only issues the neighbors had were in the
safety of their properties and the architectural aspect of the project.
Chairman Anello read a letter dated July 14, 1995 regarding
Antonio Rodriguez's application, (see attached)
Chairman Anello asked if anyone in the public wanted to comment.
Ms. Lucielle Anderson stated that the wall had been there for 65 years.
The railroad ties were there. She couldn't afford to build a stone
wall. She feels that she's going to have a problem because the
new wall wasn't going to stand.
Mr. Bruno Lightburger, the engineer passed out pamphlets showing what
the retaining wall was going to look like. He showed sketches of
the wall on the right side and what the wall would look like on the
left side.
Chairman Anello asked how far it would be from the property line.
Mr. Lightburger said 6 feet from the retaining wall. He showed a model
of the wall. It would be 8x6x4 height - 20 feet from the foundation.
He explained in detail the contents of the wall. He reassured the Board
members that the wall will be safe.
Discussion on the elevation of the retaining wall followed.
Mr. Landy said that he was concerned because he lived right next door.
He wanted to know what the retaining wall was going to look like next
to him and if it was going to come to the property line. He asked
if the driveway was going to be next to his property. He was also
concern about the traffic because it was already a busy intersection
Mr. LoMascolo moved to close the Public Hearing.

�V

Mr. McLean seconded.
Public Hearing closed.
Mr. LoMascolo stated that the reason they had these problems, issues
and discussions was because it was a very unusual topography lot and that
this was not going to change. What Mr. Rodriguez was proposing added to the
concerns about safety, walls and other things. What he was proposing
was a benefit to the Village. The real concern was the safety of
the wall. If the Board passed the matter, it should do so with a
strong word to the Planning Board to carefully take in consideration
all of the neighborhood concerns that had been brought up before the ZBA.
Ms. Mauhs thought that it will be a great asset to the whole area.
The only concern was the slope area on top of the retaining wall.
Mr. Morabito stated that everybody was in agreement and that they
liked the project. They should leave it up to the engineers to make
sure to protect the residences on top of the hill. The Board was
there to determine as to whether to pass the variances.
Mr. Taylor expressed concern on the retaining wall.
Chairman Anello stated that if the Board gave any variances, he would
like it to require that there be a buffer zone in the back, landscaping
on both sides of the fence and planting of 5 feet high on the outside
and inside of the fence.
Mr. McLean commented that they were good people and good builders.
They will work with the neighbors.
Chairman Anello went through.each of the variances for approval.
1, A variance from the requirement to allow a 10 ft. setback.
* The applicant withdrew his request for the variance of the 5 feet
buffer area as required by section 62-9C(2).
Mr. McLean made a notion to grant this variance with these conditions,
planting on the neighbor's side of the fence, at least 5 feet from
the property line and maintaining a 5 ft. buffer.
Mr. Morabito seconded.
Motion carried unanimously.
2.

Mr. Morabito made a motion to approve the request for parking.
In the event of a sub-division, they will have to come before
the Zoning Board and the Planning Board for the re-allocation
of the parking spaces.
Mr. Taylor seconded.
Motion carried unanimously.
3,4 and 5. Mr. McLean made a motion to approve variances 3,4 and 5.
Mr. Taylor seconded.
Motion carried unanimously.

3.

MR. &amp; MRS. WILLIAM BOUTON - 14 Webb Road

The clerk read the Notice of Public Hearing to hear and consider an appeal

�by Mr. &amp; Mrs. William Bouton from a decision of the Building Inspector
which denied a request to convert a patio to a habitable room at premises
located at 14 Webb Road. The request has been denied for the following
reasons:
1) The Schedule of Regulations, Part I requires a front yard setback
of 30'-0 for a residence located in District R-2. Site plan A-l, dated
June 15, 1995 indicated that the front yard setback on Hamlock Drive is
20'-6".
The premises are known as Section 11, Block IT, Lot 1A on the tax
assessment map of the Village of North Tarrytown.
Mr. Bouton came forward and stated that the patio he wanted to convert
was on the side of the house. The existing patio was 19' 7" x 10"
which at present didn't meet the Zoning Code either. He said that
the only people who would see his addition were the Sharoffs. He
distributed a letter from the Sharoffs and read the letter,to the Board,
(see attached) where they express their approval of the addition.
He also turned in a letter from the Sleepy Hollow Manor Association and
said that they also were in favor.
Chairman Anello asked if the front yard was going to be 20'.
Mr. Bouton answered that his existing patio was 19' 7" x 10' and it will
be 20* 6" from the property line.
Chairman Anello commented that he was looking for a 9 1/2* variance.
Chairman Anello asked what the room would be used for.
Mr. Bouton answered that it would be a playroom.
Ms. Gandolfo stated for the record that the property was a corner lot.
Chairman Anello asked if anyone in the audience had any comments.
No one came forward.
Ms. Mauhs moved to close the Public Hearing.
Mr. Taylor seconded.
Public hearing closed.
Mr. Morabito made a motion that the Zoning Board of Appeals be declared
Lead Agency in this matter and this be declared a Type II SEQA Action
which will have no material adverse impact on the environment.
Ms. Mauhs seconded.
Motion carried unanimously.
Mr. Morabito made a motion that the variance be granted.
Ms. Mauhs seconded.
Motion to grant the variance carried unanimously.
4.

DAVID WARREN - 217 Highland Avenue -

Second story addition

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�The clerk read the Notice of Public Hearing to hear and consider an
appeal by David Warren from a decision of the Building Inspector which
denied a building permit for the construction of a second story addition
at premises located at 217 Highland Avenue. The applicant is requesting
the following variance:
1) The Schedule of Regulations, Part I requires both side yards to
total a minimum of 25 feet. The survey of the premises indicated that both
side yards measure 21.44 feet.
The premises are known as Section 14, Block 16, Lot IK on the tax
assessment map of the Village of North Tarry town.
The architect came forward and passed out photo copies of the original
survey and site plans to the Board. He explained that the addition
to the house was a second floor addition and it was going to go straight
up to the parameters of the existing house. That it was in the eastern
part of the house.
Chairman Anello commented that the only variance he would need was for
the side yard.
Discussion on the neighboring houses and their locations to the premises
ensued.
Chairman Anello commented that the purpose of the addition was for more
living room.
Mr. Warren said he had a son and another on the way.
Chairman Anello asked if anyone in the audience had any comments.
No one came forward
Mr. LoMascolo moved »:o close the Public Hearing.
Mr. McLean seconded.
Public Hearing closed.
Mr. Morabito saw no problem at all with this reguest.
Chairman Anello commented that this addition wouldn't change the character
of the neighborhood.
Mr. McLean made a motion to declare this a Type II SEQA Action which will
have no material adverse impact on the environment.
Mr. Taylor seconded.
Motion carried unanimously.
Mr. Morabito moved that the variance be granted.
Mr. McLean seconded.
Carried unanimously.

5.

MICHAEL MINERVA - 111 Bedford Road

The clerk read the Notice of Public Hearing to hear and consider an
appeal by Michael Minerva from a decision of the Building Inspector
which denied a building permit to erect a new raised deck at the rear

�of the house on premises located at 111 Bedford Road. The request has
been denied for the following reasons:
1) The Schedule of Regulations, Part I requires a 25'-0 rear yard
setback for a residence located in District R-3. The survey indicates
a 12*-0 rear yard setback.
The premises are known as Section 17, Block 7, lot 23 on the tax
assessment map of the Village of North Tarrytown.
Mr. Minerva came forward and explained that he lived on Bedford Road
and that it was a busy road. He has 2 young children and an infant.
It was not a big piece of property and he proposed to build a raised
deck for the children to play.
chairman Anello asked if he had a survey.
The Board went over the survey which was attached to the Notice.
Chairman Anello asked if anyone else had any comments.
Mr. Morabito moved to close the Public Hearing.
Mr. Mclean seconded.
Public Hearing closed.
Mr. LoMascolo commented that the house would be more in keeping with the
neighboring houses with the deck.
Mr. McLean moved to declare this a Type II SEQA Action which will have no
material adverse impact on the environment.
Mr. LoMascolo seconded.
Carried unanimously.
Mr. Morabito moved to grant the variance.
Mr. Taylor seconded.
Carried unanimously.

6.

MARY ORE - 26 Depeyster Street

Chairman Anello said that the applicant did not have proof for the
legal notice.
V

Mr. Occhipinti made a motion to adjourn to next month.
Mr. McLean seconded.
Motion carried unanimously.

7.

JAMES NAZEMETZ - 134 Hunter Avenue

The clerk read the'NDtice of Public Hearing to hear and consider an
appeal by james Nazemetz from a decision of the Building Inspector which
denied a building permit to extend the front of a single family residence
located at 134 Hunter Avenue. The application has been denied for the

�following reasons:
The Schedule of Regulations, Part I requires the following:
A front yard of 30'0".
The survey shows 23*-0".
Lot width of 75' --0.
The survey shows a lot width of 59*-0.
The premises are known as Section 14, Block 4, Lot IV on the tax
assessment of the Village of North Tarrytown.

Mr. Nazemetz came forward and explained his reasons for wanting to extend
his residence. He needed more room and bigger closets.
Mr. Chairman asked him how many rooms were in the house.
Mr. Nazemetz said 3 bedrooms.
Mr. Morabito moved to close the Public Hearing.
Mr. McLean seconded.
Public Hcjaring closed.
Mr. Occhipinti made a motion to declare this a Type II SEQA Action which
will have no material adverse impact on the environment.
Mr. McLean seconded.
Motion carried unanimously.
Mr. Morabito made a motion to grant the variance.
Mr. Taylor seconded.
Motion carried unanimously.

Mr. Morabito moved to approve the minutes of May 17, 1995 as amended.
Mr. McLean seconded.
Carried unanimously.

Mr. McLean moved to approve the minutes of June2I, 1995 as amended.
Mr. LoMascolo seconded.
Carried unanimously.

There being no further business before the Board, Mr. McLean moved
to adjourn the meeting.
Mr. Morabito seconded.
Carried unanimously.

Respectfully
T^RMEN G. MARIANO
Recording Secretary

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�Acquisition and Development
1.

Site Development Cost
A.
B.
C.
D.

Excavation
Backfill
Paving
Retaining Wall

$ 20,000;o6
15,00000
60,000.00
175,000.00

Total
2.

Improvement Cost
11,900 sq. ft. @ $80 per sq.

3.

$ 270,000.00

Land Cost

Total Acquisition and Development

ft.

$ 952,000.00
$ 500,000.00
$1,722,000.00

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Rental Income (10% loss to common areas)
A. Professional Office Space
6372 sq. ft. @ $12 per sq.
B. Retail Space
4338 sq. ft. @ $15 per sq.

ft.

$76,464.00

fit

65,070.00
$141,534.00

Expenses
1.
2.
3.
4.
5.
6.

Real property taxes ($2.50 per sq.
ft.)
$"^300.00
Utilities (passed on to tenant)
Interior maintenance and repairs (passed on to tenant)
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4,000.00
Management - legal accounting
4,000.00
$1,700,000.00 @ 9.75% (one percent above current
prime rate) 15 year amortization, 5 year balloon.
214,000.00
$249,000 00

Net Profit

($107,466.00)

Adjustment
Cost of land- with no return 63,000.00

63,000.00
($44,466.00)

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15 WEBB ROAD. NORTH TARRYTOWN. NEW YORK

10591

July 5, 1995

Zoning Board of Appeals
Village of North Tarrytown
28 Beekman Avenue
North Tarrytown, New York
Attn: Linda David, Village Clerk
As owners and residents of property located
at 15 Webb Road, we support the appeal of
Mr, and Mrs. William Bouton to convert a patio
to a family room at their home at 14 Webb Road.
We believe that this variance from the schedule
of regulations is in the best interests of the
property owner, adjoining owners and the village
We urge approval of the appeal.

/ «BRIAN S
/

JUDITH SHAROFF

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�SLEEPY HOLLOW MANOR ASSOCIATION
June 15, 1995

Mr. and Mrs. William Bouton
14 Webb Road
North Tarrytown, New York 10591
Dear Mr. and Mrs. Bouton:
The Board of the Sleepy Hollow Manor Association has reviewed the architectural
drawings (KGA Project No. 95-080, dated 6/9/95) submitted by you with respect to the
proposed addition to your home at 14 Webb Road, North Tarrytown, New York and has
determined that the addition is acceptable. Accordingly, I am hereby notifying you of the
approval of such plans by the Sleepy Hollow Manor Association.
We wish you well on the impending additions, also, to your family.
Very truly yours,

Richard D. Weiss, President,
Sleepy Hollow Manor Association
cc: James Margotta,
North Tarrytown Building Inspector

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�LEGAL NOTICE
VILLAGE OF NORTH TARRYTOWN
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PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of
North Tarrytown will hold a public hearing on Wednesday, June 21, 1995 at 8:00 P.M. in
the Municipal Building, 28 Beekman Avenue, North Tarrytown to Hear and consider an
appeal by Mr. and Mrs. John Monaco from a decision of the Building Inspector which
denied a building permit for the construction of a six (6) foot fence at premises located at
53 Fremont Road. The applicant is requesting a variance from the Village code which
prohibits the erection of fences and walls in excess of three (3) feet in the front yard of any
residential district.
The premises are known as Section 11, Block IE, Lot 1 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: May 12, 1995

�LEGAL NOTICE
VILLAGE OF NORTH TARRYTOWN

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PLEASB TAKE NOTICE that the ZoningBoard of App^s of the Village of
North Tarryto^ wilt hold ipublic hearing oil Wednesday, July 19* 1995 at R.00 P.M. in
the Municipal Building, 28 Beekman Avenue, North Tarrytown. to heir and consider ah
appeal by Antonio Rodrigueifroriia decision of the Building Inspector Which denied a
building permit for the constructiort of an Office and retail building at premises located at
J R Broadway.; the applicant is fequeitlnjj sfevfcral variances, as follows:
1) Thi Schedule of Regulations, Part II require! a 20 foot rear yard in addition to
a 5 foot buffcf area between a business district arid a residential area as required by
Section162-9C(2).?th£applicant's plan providesfora i$ foot rear yard.
- jt) Section 62-14E of the Code requires 57 parking spaces for the proposed
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plan provide* for a total of 44 spaces.
- ? 3)' Sectiol 62ii4F of the Codi requires that 2 loading spaces be provided. The
applicant'splait provides for t-loadingSpace.
4) Section 62-14C requires that ah access drive shall not exceed 25 feet, the
applicant's plan proposes an accessdrive of 27 feet.
; 5) The Village Code prohibits any wall or open or solid fence in excess of six (6)
feet in height to be erected in any business or commercial district. The applicant is
proposing a 1 2 foot terraced retaining wall be built on the north side of the project.
^4" The premises irl knb\vii as Section 17, Block 21; tots 15 thru 37 on the tax
assessment map of itie Village of Ndrih tarrytown.
''Vlfl'cf Ail taxpiy^s, feiidenti Ihd interested parties are entitled to attend and be heard at
the aforesaid hearing. ^
By 6rdcr oHhe.^bnlrig Board of Appeals
Linda t)avid, VtUagi fclerk
Dated: June i%^99S

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LEGAL 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, July 19, 1995 at 8:00 P.M. in
the Municipal Building, 28 Beekman Avenue, North Tarrytown to hear and consider an
appeal by Mr. &amp; Mrs. William Bouton from a decision of the Building Inspector which
denied a request to convert a patio to a habitable room at premises located at 14 Webb
Road. The request has been denied for the following reasons:
1) The Schedule of Regulations, Part I requires afrontyard setback of 30'-0 for a
residence located in District R-2. She plan A-1, dated June 15, 1995 indicated that the
front yard setback on Hemlock Drive is 20-6".
The premises are known as Section 11, Block IT, Lot 1A 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: Junel9, 1995

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LEGAL NOTICE
VILLAGE OF NORTH TARRYTWVN

vPLfc ASE TAkB NOTICB thai ine Zoning Boaid of Appeals of the Village of
North Taxrytowii Will hold a jaiblic hearing on Wedneid»y» ^uly 19,1995 at 8:00 P.M. in
the Municipal Building, 28 Beekman Avenue, North Tarrytowrt to hear and consider an
appeal by David Warrenfroma decision of the Building Inspector which denied a building
permit for the construction of a second story addition at premises located at 217 Highland Ave.
North Tarrytown. The applicant ts Requesting the) following variance:
1) The Schedule of Regulations, Part I requires both side yards to total a
minimum of 25 feet. The survey of th6 premises indicates that both side yards measure
21.44 feet.
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\ The premisei if6 known as Section 14, Block 16, Lot IK on the tax assessment
map of the Village" of Kbrth Tanytowh.
All taxpayers, residents and interested parties are entitled to attend and be heard at
the aforesaid hearing.
By drdo* of the Zoning Board of Appeals
Linda David, Village pierk
Dated: June 26,1995

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�LEGAL NOTICE
VILLAGE OF NORTH TARRYTOWN
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of
North Teurytowti will hold a public hearing on Wednesday, July 19,1995 at 8:00 P.M. in
the Municipal Building, 28 Beekmati Avenue, North Tarrytownto hear and consider an
appeal by Michael Minervafroma decision of the Building Inspector which denied a
building permit to erect i new raised deck at the rear of the house on premises located at
111 Bedford Road. The request has been denied for the following reasons:
1) The Schedule of Regulations, Part I requires a 25'-0 rear yard setback for a
residence located in District R-3. The survey indicates a 12'-0 fear yard setback.
The premises are known as Section 17, Block 7, Lot 28 on the tax assessment
map of the VTlligb of Nohh f arryto\vn.
;
•Alt 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: June.** 1995

�LEGAL NOTICE
VILLAGE OF NORTH TAJUIYT OWN
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of
North Tarrytown will hold a public hearing on Wednesday, Jury i9,1995 at 8:00 P.M. in
the Municipal Building, 28 Beekman Avenue, North Tarrytown to hear and consider an
appeal by James Nazemefz from a decision of the Building Inspector which denied a
building permit to extend the front of a single family residence located at 134 Hunter
Avenue. The application has been denied for the following reasons:
The Schedule of Regulations, Part I requires the following:
Afrontyard of 30»-0\
The survey shows 28*~0".
Lot width of 75'-0.
The survey shows a lot width of 50'-0.
The premises are known as Section 14, Block 4, Lot IV 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: June 2T, 1995

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