https://sleepyhollow.localarchives.org/files/original/80024ebcb9ffffcdc49adb003540cf6e.pdf fba4693add2fe4c3966c076c10abe090 PDF Text Text * Approved wi.th respect to substance and form: T^U? ViljOLage A t t o r n Dated: ^hjfC Approved by * Cbstirma id: i//i7 Filed with Village Clerk a -elerfc—©*- Deputy Clerk Dated: <rfti^/qjL, Wffrc, Date of fleeting' '-... * 4 ~ - " V ' • * " » - - « . - - *• »^-,-- I.-..VV*-.^-it€j-'^.-J.s—.-.-it.,.-»---ii.*t,-*.-,-^ i- T.^^^-^^ij-&^a,y*^.z;^^^y ,-. ^ i f j i ^ y ^ ^ l ^ ^ ^ ^ ^ - ^ , ^ ^ ^ ^ ^ ^ ^ ^ ^ �REGULAR MEETING NORTH TARRYTOWN, NEW YORK March 28, 1996 A regular meeting of the North Tarrytown Zoning Board of Appeals was held on march 28, 1996 at 8:00 p.m. at the Village Hall, 28 Beekman Avenue, North Tarrytown, New York. PRESENT: Robert Anello, Chairman John Morabito Gary McLean Angelo LoMascolo ABSENT: Frank Occhipinti William Taylor Rhonda Mauns ALSO PRESENT Janet A. Gandolfo, Attorney Chairman Anello called the meeting to order at 8:05 p.m. The Board agreed to adjourn Triana application to next month's meeting. M. A. Occhicone d/b/a The Dynasty Corp. The clerk read the Notice of Public hearing to hear and consider an appeal by M.A. Occhicone d/b/a The Dynasty Corp. from a decision of the Building Inspector which denied a building permit for the conversion of an existing bar/lounge and gift shop to a dining room and dance facility at premises located at 111 Beekman Avenue, No. Tarrytown. The following variances are needed for said conversion. 1. Sec 62-14E requires restaurants, bars, diners and other eating places to have one parking space for each five seats. Twenty-five (25) seats have been added to the applicant's plans. Therefore, five additional parking spaces are required. The applicant's plans do not provide for the additional parking. 2. The size of a non-conforming use is being increased, therefore a variance is needed. Sec 62-20.1, Restaurants, delicatessens, food service establishments, taverns, bars and drinking establishments. 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 15, block 11, Lot 18 on the tax assessment map of the Village of North Tarrytown. �Mr. Ron Turnquist, the architect for the applicant, came forward and introduces Anthony Pirrotti, attorney for the applicant. Referring to the plans, he went over the present locations of the three buisness' involved, Hollywood North Pizzeria, O'Brien's gift shop and O'Brien's Tavern and the changes they were proposing. The application seeks to create a dining room, a dance floor and a platform for a musical band. Mr. Turnquist explained the changes in detail. Chairman Anello commented that the variances sought were for parking and relief from the 200' rule regarding the distances required between restaurants or similar establishments. The bar and the pizzeria were present non-conforming uses and they were connected by the same ownership. The variances requested are for the entire project. Mr. Morabito commented that the only reason the applicant wanted to construct a door between the pizzeria and the bar was to meet the ABC requirement for serving food in a bar. A bar has to serve certain kinds of food. Chairman Anello said that the three buildings were being treated as one and whatever variance was given, they had to focus on the parking requirement. Discussion on the parking requirements and the seats followed. Mr. Morabito asked Mr. Turnquist how he concluded that 25 seats were in the proposal. Mr. Turnquist said that he came up with 25 additional seats by comparing the existing occupancies and the proposed occupancies. He based it on what was there now and what he was proposing. Chairman Anello stated that he wanted to see the parking requirement for the entire project - how much the pizzeria required, how much the lounge required and how much the dinning room required. The variance needed was quite substantial on parking. Mr. Turnquist made a reference to the parking aroung the area and stated that the applicant intended to lease spaces from the Van Tassel parking gargage when parking became available. Chairman Anello asked if the garage was owned by the same landlord of the Van Tassel Building and if it was rented out to the tenants of the building. Chairman Anello asked Ms. Gandolfo if the Village zoning law requires parking to be on the site or designated to the facility. Ms. Gandolfo answered that parking didn't have to be on the site, that it could be designated to the facility on another property under the same ownership and within 200 feet of the facility itself. �Mr. LoMascolo commented that for the most part there wasn't a single business that met it's parking requirement in the Village. Chairman Anello asked Ms. Gandolfo if when a person builds is there a requirement that his tenants park in designated spaces. Ms. Gandolfo stated that there was no such requirement. Chairman Anello said "This building, this piece of property has proved that it certainly has sufficient parking unless this parking somehow has been designated through some Zoning contract for the Van Tassel apartments. This building as it exists may have sufficient parking." Discussion on the parking requirement as set forth in the Village Code followed. Mr. Morabito commented that Teresa Street was not owned by the Village but owned by the corporation that owned the Van Tassel. He said that there was a waiting list for the parking. Mr. Occhicone came forward and asked the Board to do what was fair for everyone. He recognized the fact that there was a parking problem in the area. He asked the Board to consider the relationship between the two places. They were going through hard times. The pizzeria was going to buy the business next door. He explained the background of the existing business'. He concluded by stating that he would leave it up to the Board to make the right decision. Frank DiDero, attorney for Mr. O'Brien, came forward and said that Mr. O'Brien has been a client for many years. He was selling the bar subject to the Board giving the variances. On the parking issue he pointed out that people in bars stay longer than people in a restaurant and as it was now there wasn't a problem with the parking. Chairman Anello asked how long a lease was given for the premises. Mr. DiDero answered five (5) years. The pizzeria would have a different lease. Chairman Anello opened the Public Hearing. Mr. O'Brien came forward and stated that if the variance was granted there would not be any problem with the parking. Referring to the plans he explained the amount of seats proposed as to the present lay-out. He felt that nothing had really changed. He commented that Tony (pizzeria owner) was a good man. -3- &*Wr-iMjs&*=ieiiSi=»iE i i i S ^ a s ^ s & ^ f i i j i i ^ �Mr. Morabito move that the Public Hearing be closed. Mr. McLean seconded the motion. The Public Hearing was closed. The Chairman asked for comments from the members of the Board. Chairman Anello said that he thought they had a general parking problem in the Village. But a building that had as much parking as this was in fact alleviating the parking problem in some sense. The way he read the law they didn't need a parking variance. It just said that the site had to have parking. It didn't say that the people who leased it had to own the spaces. Ms. Gandolfo commented that the Building Inspector and herself did not consider the parking garage as part of this site. They just looked at the impact of the increase in seating within the establishment. She commented that the Chairman's interpretation of te Code was very sound and she would defer to his opinion. Mr. LoMascolo thought that this was the only building in the Village that had this particular characteristic. He would move that the Board determine that a parking variance was not required by the applicant. This was a rather unique situation but it does distinguish it from other cases coming before the Board seeking parking variances. With regard to the 200' rule, Mr. LoMascolo stated that the number of restaurants in the Village is substantial and the Board of Trustees should address the question as to how whether the 200' rule should be abolished or allowed to remain. He stated that the Trustees should take the lead on this issue and give the Zoning Board some guidance. Mr. Morabito said that he agreed with the Chairman on the parking issue, although the parking in the Van Tassel building would not be available to the people patronizing the pizzeria and the restaurant. He was not against the variance for the 200' requirement. Mr. LoMascolo made a motion to overrule the determination of the Building Inspector that a parking variance was needed and interpret the Code as not requiring a parking variance. Mr. Morabito seconded. Motion carried unanimously. Mr. McLean stated that the area was nice and that the pizzeria was a nice restaurant. The Chairman did not think that the deli on the corner would conflict with the 200' rule, He agreed with Mr. LoMascolo that the Board of Trustees reconsider this law and if they thought that this law was unworkable they should consider repealing it or modifying it. He thought that in this instance there were a lot of reasons to give relief of the 200' requirement. It did not change the character of the site at all because there was only a slight addition to an existing use. It was not a great variance because the only other eating facility was some distance away. This application would not adversely effect the �environment. There should not be a litter problem because most of the food would be eaten on premises or taken home. Mr. LoMascolo commented that instead of two restaurants there will be one restaurant. He did not think it was a very substantial variance. Mr. Morabito moved that a variance from section 62.20.1 of the Village Code be granted as sumitted. Mr. LoMascolo seconded. Motion carried unanimously. Mr. Morabito moved to approve the minutes of January 17,1996 as amended. Mr. McLean seconded the motion. Motion carried unanimously. There being no further matters to come before the Board, the meeting was adjourned. Respectfully submitted, CARMEN G. MARIANO Recording Secretary -5- j �LEGAL NOTICE VILLAGE OF NORTH TABRYTOWN PLEASE TAKE NOTICE that the Zoning Board of Appealso££he Village of North Tarrytown will hold a public hearing on Wednesday, March-2§T 1996 at 8:00 P.M. in the Municipal Building, 28 Beefcma'n Avenue, North Tanytown to hear and consider an appeal by M. A. Occhicone, d/b/a The Dynasty Corp. from a decision of the Building Inspector which denied a building permit for the conversion of an existing bar/lounge and gift shop to a dining room and dance facility at premises located at 111 Beekman Avenue, No. Tarrytown. The applicant needs the following variances for said conversion: 1) Sec. 62-14B requires restaurants, bars, diners and other eating places to have one parking space for each five seats. Twenty-five (25) seats have been added to the applicant plans. Therefore, five additional parking spaces are required. The applicant's plans do not provide for the additional parking. 2) The size of a non-conforming use is being increased, therefore a variance is needed. Sec. 62-20.1, Restaurants, delicatessens, food service establishments, taverns, bars and drinking establishments. 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 15, Block 11, Lot 18 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 D a t e d : F e b r u a r y 2 6 , 1996 � 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-1996 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_1996-03-28 Subject The topic of the resource Zoning Board Minutes & Resolutions-1996 Date A point or period of time associated with an event in the lifecycle of the resource 1996 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