https://sleepyhollow.localarchives.org/files/original/1e8b540faf3be92941b89fdfb95bbbc1.pdf b7795d73f352938540308730885feb04 PDF Text Text 3. Approved 5yith respect to substance and form; •/i V i l l a g e Atytojyney j^ated: q Approved by//the/ f Zo2fing Board /» // ^XL / / / / ¥ Hi / Id^/yM/IIM/l/l/L Chairman ox/&ct^frfg 'Cn'a/krman /Dated: ^ ^ Filed with Village Clerk Cleric o r Dated: 7 Date eft , CL/v.^^o^b" /. n. !??& Meeting ".-' -"-"*"'•* * ~ »«*--;v-^'./;»s*S=»v.(£- • *•*»«'"-* ^ s ^ « ; . i i ^ v ^ z . ' i ^ ^ ^ ^ �REGULAR MEETING NORTH TARRYTOWN, NEW YORK April 17, 1996 i A regular meeting of the North Tarrytown Zoning Board of Appeals was held on April 17, 1996 at 8:00 p.m. at the Village Hall, 28 Beekman Avenue, North Tarrytown, New York. PRESENT: Robert Anello, Chairman Miguel Jimenez John Morabito Gary McLean Angelo LoMascolo ABSENT: Frank Occhipinti William Taylor ALSO PRESENT Janet A. Gandolfo, Village Attorney Chairman Anello called the meeting to order at 8:05 p.m. Augustin Triana, 128 Cortlandt Street - Continuation John Hughes, Esq., attorney for the applicant, stated that he would like the Board to make a determination at this meeting. Chairman Anello asked Mr. Hughes to go over the variances that the applicant was seeking so that board members are clear on the issues. Mr. Hughes stated that they were seeking the following 3 variances. 1. Exemption from the local law prohibiting a restaurant to be located 200 feet within another restaurant. 2. Parking. 3. Loading zone. At this time the clerk was asked to read the Notice of Public Hearing. The clerk read the Notice of Public hearing to hear and consider an appeal by Mr. Augustin Triana from a decision of the Building Inspector which denied a request to alter the premises which was a former restaurant at 128 Cortlandt Street into a new restaurant. The request has been denied for the following reasons: 1. No portion of the property used for a restaurant or food service establishmen 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. 2. Sec. 62-14E requires one parking space for each five seats. Ninety-four (94) seats are proposed. Nineteen (19) parking spaces are required. Applicant has not provided for parking spaces. 3. Sec. 62-14F requires one loading space. Applicant has not provided for any loading space. �Mr. McLean seconded. Public Hearing closed. Mr. Jimenez' only concern was the change of ownership and the type of business that might develop if the new restaurant did not make it. Mr. McLean stated that Mr. Triana had been flexible to the Board's demands. The Board asked for parking and he provided parking. "In my personal eyes, he has tried to comply with the Board's asking." He stated he would like to see the application approved. Mr. LoMascblo was concerned about comments from the Union Hose. He commented that the parking for the building had been taken care of and that there was a loading dock. "Is it our responsibilty, when there is a no parking zone across the street or in front of the restaurant, the enforcement of that is not for the Zoning Board to undertake; if people double park in front of other restaurants that is a problem and if they double park in front of this restaurant that is a problem. We have a right as a Board to assume that other laws will be enforced. We cannot be expected to compensate for enforcement that is entrusted to other bodies." Mr. Morabito stated that he sided with the Fire Department. He didn't know how the Board could not take into consideration the fact that it was within 200 ft. of the Church and 200 ft. within the bar on the street. Mr. Anello said the issue of a bar being located within 200 feet of a church is for the ABC board to deal with, not the Zoning Board. The Zoning Board's only issue would be with the premises being located within 200 ft. of a bar. Mr. Morabito said he had looked at the applicant's liquor application and he didn't state that he was located within 200 feet of a church or another bar. Chairman Anello agreed with Mr. Morabito on the bar issue. He agreed with Mr. LoMascolo on the parking issue. He said that before the application there was 20 rooms and a bar and some type of eating establishing but it wasn't much of a restaurant. He stated the only reason Mr. Triana was here was because his nonconforming use of the property had lapsed. Because of his negligence in letting the nonconforming use lapse the Board could now impose conditions on the use of the property. He was giving up a piece of his property, a corner lot, to comply with the parking required for the restaurant. On the loading space they could require that the lower lot be paved and be usuable for the loading zone. He felt that it was going to be a major improvement; going from 20 individual rooms to 4-family apartments. On the variance of being 200 ft. from another bar, maybe if they could take some of the seats out of the planned bar area, make it smaller, something like a lounge. Discussion on the bar and its size followed. Mr. Triana commented that the only reason he was serving liquor was because there was a demand for it. He himself was not a drinking man. Chairman Anello commended the applicant for going a long way in meeting the Board's demands. The following conditions will apply to the approval of this application: 1. Property accross the street, 8 Cedar Street, which is owned by Mr. Triana be designated for parking according to the plans submitted to the Zoning Board of Appeals �The premises are known as Section 16, Block 10, Lot 19 on the tax assessment map of the Village of North Tarrytown. Chairman Anello asked Mr. Hughes if there were 21 spaces on the parking plan that he had submitted. Mr. Hughes responded yes and stated that the parking spaces are located across the street in a lot owned by Mr. Triana. Discussion on the amount of parking spaces needed followed. Chairman Anello asked how many employees will be working at the restaurant. Mr. Triana stated two or three. Chairman Anello stated the applicant needed parking spaces for the employees. Mr. Triana said he will have the employees park in the back. Ms. Gandolfo ask if all the spaces were for full size cars. The Chairman commented there were four compact spaces. Mr. Jimenez asked if there was a handicap parking space. Mr. Hughes summed up the application by saying that right now there were 20 men living in the building. There will be 4 families under the new plans. Mr. Triana was experiences in the food business and believes that this use will be a viable one for the area. The restriction regarding restaurants was a difficult one because there were food and retail businesses all over the area. He did not believe that the application had any adverse effect on the environment. Chairman Anello asked about the loading space and the 200 ft. rule. Mr. Jimenez commented that he was concerned about what would happen to the building if the restaurant did not make it. He wanted a guarantee as to what will happen to the property if it changed ownership. "I don't want to see another bar or dancing club or something like that." Mr. Hughes stated that they couldn't give any guarantees. He said that they wanted a variance for what they were proposing. Chairman Anello open the Public Hearing and asked if anyone in the public had any comments. John Cellanle, President of Union Hose Fire Company, commented that there was a lot of congestion in the area and the restaurant would add to it. The proposed restaurant was right across from the fire house. He said the fire department was always late getting in and out of the fire house. The traffic study done by the Village backed up all their complaints. They could not guarantee to be on time, they will be always delayed because of the present situation. Mr. Jimenez moved to close the Public Hearing. �and pursuant to the requirements for the development and maintanence set forth in 62-14, that parking spaces 19,20 and 21 be designated as employee's parking spaces and be used as employees parking spaces. A legal instrument satisfactory to the Village Attorney will be filed with the County Clerk restricting the use of that property for as long as any parking is required for any use at 128 Cortlandt Street, North Tarrytown, New York. 2. It is required that the loading zone and parking space located on the College Avenue side be surfaced and maintain as required by Sec. 62-14D(4) and be designated as a loading zone and parking space and the loading zone be used for the restaurant/bar. 3. The applicant should also be required to obtain approval from the ARB for the signs for the parking lot at 8 Cedar Street and at 128 Cortlandt Street. 4. That the applicant does not obtain a Cabaret license without obtaining additional variance from the Zoning Board of Appeals. 5. The restaurant/bar have no more than 84 seats. 6. The applicant shall be required to obtain site plan approval of the Planning Board for the parking lot. Mr. McLean made a motion to declare this a Type II SEQA Action which will have no material adverse impact on the environment. Mr. Jimenez seconded. Motion carried unanimously. Chairman Anello stated that the issue of the loading zone was moot because the applicant had agreed to provide a loading zone. Mr. McLean made a motion to grant the remaining two variances with the conditions previously specified. Mr. Jimenez seconded the motion. Motion carried with Chairman Anello, Mr. LoMascolo, Mr. McLean, and Mr. Jiminez voting yes. Mr. Morabito abstained. Motion carried. Application of Westco F. G. Corporation The clerk read the Notice Oof Public Hearing to hear and consider an appeal by Westco F.G. Corporation from a desicion of the Building Inspector which denied a building permit for the installation of a storage shed in the rear yard at premises located at 101-105 Cortlandt Street, No. Tarrytown, New York. The applicant is requesting the following variance: The property is in the C-2 district. The Schedule of Regulations, Part II requires a 20' rear yard. Drawing No. 1 dated 3/5/96 of the applicant's plan shows a rear yard of 5'. A variance for 15' is required. The premises are known as Section 16, Block 8, Lots 28 thru 33 on the tax assessment mpa of the Village of North Tarrytown. Mr. Sean McCarthy and Roger Pellaton, the architects came forward and explained the application to the Board. �Chairman Anello read the conditions of the use variance approved in February, 1995. Mr. McCarthy explained how the parking was going to be arranged. Mr. McCarthy was not aware that previous conditions had been imposed on the site. Mr. LoMascolo moved to adjourn this application for the next Board meeting. Mr. McLean seconded. Motion carried unanimously. Mr. Morabito moved to approve the minutes of March 28, 1996. 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. MAWANO Recording Secretary � 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_1996-04-17 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