Zoning Board of Appeals
Village of Tarrytown
Regular Meeting
March 10, 2008 8 p.m.
PRESENT: Chairwoman Lawrence; Members Jolly, Brown, Maloney, Alternate
Member Merrill-Verma
ABSENT: Ms. James
APPROVAL OF MINUTES
Mr. Jolly moved, seconded by Mr. Maloney, and unanimously carried, that the minutes of February 11, 2008, as submitted.
PUBLIC HEARING – ARMESTO – 76 NEPERAN ROAD
The Secretary read the following Notice of Public Hearing:
PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of Tarrytown will hold a public hearing at 8:00 p.m. on Monday, March 10, 2008, in the Municipal Building, 21 Wildey Street, Tarrytown, New York to hear and consider an application by
Antonio and Rosalia Armesto
14 Rosemont Lane
Briarcliff Manor, New York 10510
For renewal of a variance from the Zoning Code of the Village of Tarrytown for property they own at 76 Neperan Road, Tarrytown, New York, to permit the continued multi-family use of the property requiring the following variances:
1. 6-family use of the property in a one-family zone (§305-9)
2. Seven (7) parking spaces are provided where fifteen (15) parking spaces are required. (§305-19)
3. Increase in the degree of non-conformity: (§305-18A(1))
a. 825 sq. ft. dwelling unit exists where 1,200 sq. ft. is required.
b. 367 sq. ft. dwelling unit exists where 1,200 sq. ft. is required.
c. 555 sq. ft. dwelling unit exists where 1,200 sq. ft. is required.
d. 615 sq. ft. dwelling unit exists where 1,200 sq. ft. is required.
e. 776 sq. ft. dwelling unit exists where 1,200 sq. ft. is required.
f. 754 sq. ft. dwelling unit exists where 1,200 sq. ft. is required.
4. Zero setback from parking spaces to side lot line where 10 ft. is required
(§305-19.C.3.b.)
Documents are available for inspection in the Planning and Zoning Office at Tarrytown Village Hall. The property is shown on the Tax Maps of the Village of Tarrytown as Sheet 12, Block 47, Lot 5 and is located in an R-10 (Residential) zone.
All interested parties are invited to attend and be heard. Access to the meeting room is available to the elderly and the handicapped. Signing is available for the hearing impaired; request must be made to the Village Clerk at least one week in advance of the meeting.
The certified mailing receipts were submitted.
Board members visited the property.
Ms. Rose Venditti, daughter of the applicants, stated her father is 83 and her mother almost 80 so she is presenting the application for them. She apologized for not being present at the site yesterday but she forgot that daylight savings time went into effect that morning.
Ms. Venditti noted Mr. Tucci visited the property last Wednesday. The Board reported receipt of the following memo dated March 5, 2008, from Louis Tucci, Code Enforcement Officer:
“Re: Variance for 76 Neperan Road
A recent inspection of the premises at 76 Neperan Road revealed no violations. The premise is being occupied in accordance with previously granted variances and parking for seven cars is being maintained.”
Ms. Venditti noted she maintains the property. Her parents live with her. They are asking the variance be renewed for a further term of ten years. Ms. Venditti stated the building has six apartments and each apartment is restricted to one parking space. Presently there are five cars at the house. One apartment is currently vacant but it has a new tenant who will take occupancy on April 1st. There will then be 7 people residing in the six apartments. Five apartments are one-bedroom or studio units and one apartment is two bedrooms. Apartment #2 is restricted to one-person occupancy (by condition of the variance) and that is in the lease for that apartment.
Chairwoman Lawrence stated she was uncertain where the parking is located. Ms. Venditti stated it is on the Rosehill Avenue side – the back of the house is on Rosehill Avenue.
Ms. Merrill-Verma questioned whether the seventh parking space blocks the walkway. Ms. Venditti stated that space is rarely used. That space is designated as the owners’ space.
Mr. David Venditti stated the Building Department always complimented his father-in-law on how well this building is maintained.
Chairwoman Lawrence reported receipt of the following memo dated March 10, 2008, from Kathleen D’Eufemia, Designated Environmental Review Officer:
“Armesto – 76 Neperan Road - I have reviewed this application for renewal of a variance to permit continued six-family use of property in a single-family zone. This variance has existed since 1966. The property is kept in excellent condition and there have been no complaints. It is my determination the renewal of the variance appears to pose no significant adverse environmental impact. Should the Board agree, you may make a negative declaration under SEQRA.
Board members stated they had difficulty determining the delineation of the seven parking spaces and they felt the spaces should be clearly marked and the Board could revisit the property to better understand the parking layout. They noted their main concern is being sure there is adequate fire access.
Chairwoman Lawrence questioned whether anyone wished to address the Board on this matter.
Mr. Tai Hyun Yoo, 18 Rosehill Avenue, stated this is a one-family zone and this house is being occupied by six families. A lot of people park on the street. He stated safety is his major concern. Ms. Venditti stated although it is a six-unit house, the apartments are small and only seven people reside in the house and each apartment has an off-street parking space.
No one further appeared to address the Board.
Ms. Venditti stated she would have the parking delineated. Chairwoman Lawrence stated the Board would revisit the property next month.
All agreed to continue the public hearing at the Board’s April 14th meeting.
ADJOURNMENT
Mr. Maloney moved, seconded by Mr. Jolly, and unanimously carried, that the meeting be adjourned – 8:25 p.m.
Kathleen D’Eufemia
Secretary
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