Zoning Board of Appeals
Village of Tarrytown
Regular Meeting
April 14, 2008 8 p.m.
PRESENT: Chairwoman Lawrence; Members Jolly, *Brown (late), Maloney;
Building Inspector/Village Engineer McGarvey; Secretary D’Eufemia
ABSENT: Ms. Merrill-Verma
CONTINUATION OF PUBLIC HEARING – ARMESTO – 76 NEPERAN ROAD
Board members revisited the property.
The applicant submitted photographs of the parking layout to the Board.
Chairwoman Lawrence stated the parking spaces are such that if you have all the cars parked in each space, one car seems to be totally blocked in. She also questioned how garbage trucks get in. Ms. Venditti stated the garbage is brought to the curb. The tenants use the spaces and they don’t seem to have a problem getting out. The larger cars park toward the outside. The tenants work it out and there has never been an accident.
Upon inquiry from Chairwoman Lawrence, Ms. Venditti stated the tenants do not park on the street. She stated presently the building only has five cars.
*Ms. Brown arrived.
Mr. Venditti stated when the Armestos purchased the building, there were eight apartments and they reduced it to six. This parking has existed for a very long time and it has always worked for the property.
Chairwoman Lawrence questioned whether they have ever considered reducing the number of apartments further by combining some of the small apartments. Mr. Venditti stated they do not anticipate doing that since you would need to have two apartments vacant at the same time, which does not happen – these tenants are long-term tenants.
Chairwoman Lawrence questioned whether anyone wished to address the Board on this matter. No one appeared.
Mr. Jolly questioned how a fire would be fought. Mr. Venditti stated the best place to fight a fire would be in the front. There has never been a fire at this property and there has never been a violation against the property.
Mr. Maloney moved, seconded by Mr. Jolly, and unanimously carried, that the hearing be closed.
Mr. Maloney moved, seconded by Mr. Jolly, and unanimously carried, that the Board determines the renewal of this variance poses no significant adverse environmental impact.
Mr. Maloney moved, seconded by Mr. Jolly, and unanimously carried, that the Board having arrived at the findings required by the ordinance renews the variance for 76 Neperan Road on the same conditions as in 1998:
1. Number of apartments restricted to six.
2. Apartments with dimensions of less than 500 sq. ft. will be occupied by no more than one person.
3. Apartments with dimensions of between 500 sq. ft. and 750 sq. ft. will be occupied by no more than two persons.
4. On-site parking will exist for seven cars.
5. The variance shall be renewed for a term of ten years.
PUBLIC HEARING – DECECCHIS – 181 SOUTH BROADWAY
Chairwoman Lawrence 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, April 14, 2008, in the Municipal Building, 21 Wildey Street, Tarrytown, New York to hear and consider an application by
Elio & Joanne DeCecchis
C/o Richard Blancato, Esq.
65 South Broadway
Tarrytown, New York 10591
For amendment of a use variance from the Zoning Code of the Village of Tarrytown for property they own at 181 South Broadway, Tarrytown, New York. Variance previously granted allowed use of a portion of the first floor of a five-apartment building for real estate offices in a residential zone. Application is made to modify variance granted to allow office use for real estate property management, mortgage broker, attorney, and insurance broker and to use the entire first floor for such use.
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 16, Block 56, Lots 23 and 23A and is located in an R-7.5 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.
Chairwoman Lawrence noted the Board can open this hearing tonight but should reserve decision since the matter must also go to the Planning Board for site plan review and the Zoning Board should receive a recommendation from the Planning Board.
Mr. Richard Blancato, attorney for the applicant, submitted a plan showing the layout for the first floor.
Mr. Blancato stated this property was granted a variance many years ago to allow a large part of the first floor to be used as a real estate office by DeCecchis Realty. DeCecchis Realty sold their business to Prudential Realty. In the rear there was a little studio apartment, which Prudential Realty removed and made into offices. They never told anyone they did that. The desire now is to legalize that portion as offices also. No changes are proposed to the interior or exterior. The real estate business has been there many years. There have been no problems with parking. There is plenty of room on the north side of the property to add parking but the Board in the past did not want to pave over that lawn. Mr. Blancato noted they have to go to the Planning Board for site
plan approval since there is a change of occupancy.
Mr. John Hughes, attorney, stated he is proposing to relocate his law office to this location. His office is small – presently just himself and a secretary. The other tenant will be a management company. There will be no less than six and no more than eight people in the space. The two larger rooms can handle about three desks each. There will be a conference room and a couple of additional offices. There are eight parking spaces in the back and a couple on the side. The amount of traffic this would generate is nominal. The management business has no clients coming to it. The types of activities listed will take place but there may not be anyone in the office performing those duties.
Mr. McGarvey questioned how many actual businesses there will be. Mr. Hughes stated two – himself and the management company. The management company has a variety of functions. There are many things under the management umbrella. Insurance happens over the phone and the internet. There might be a salesman once a month. The management company wholesales out services.
Upon inquiry from Chairwoman Lawrence, Mr. Hughes stated signage would list two businesses – his law office and the name of the management company.
Mr. Blancato stated there will be fewer persons occupying this space than when Prudential Realty was operating.
Chairwoman Lawrence stated when they visited the property yesterday, the DeCecchises said tenants are not allowed to park in the lot during the day. Mr. Blancato stated that is correct except for weekends.
Mr. McGarvey questioned whether Mr. Hughes conducts closings. Mr. Hughes stated he does but typically there are no more than two or three cars with that transaction.
Ms. Brown questioned whether asking for a modification of a use variance is the same as asking for a change of a use variance. Chairwoman Lawrence stated that is a question that must be posed to Village Counsel, who could not be present tonight.
Ms. Brown stated when this variance was granted, the realty business was conducted by the owner of the building. Now it is proposed to have two tenants in this space and neither owns the building.
Mr. Blancato stated it will be less than when Prudential operated their realty business. It is almost the identical use – the only difference is the attorney. Prudential also did property management.
Chairwoman Lawrence questioned whether anyone wished to address the Board on this matter.
Ms. Brenda Fracaroli, Independence Street, stated neighbors did not want to see their neighborhood go commercial. She stated one day there were 20 cars parked on the lawn portion of this property. Based on zoning regulations, this property does not have ample parking. Chairwoman Lawrence noted the Board knew the parking was not compliant with zoning regulations; however, no one wanted to pave the lawn area if not necessary.
Mr. Blancato noted the variance permitting the offices was granted many years ago. They could provide additional parking on the vacant lot. Chairwoman Lawrence stated it was the Board who did not want that area paved.
Ms. Fracaroli stated she was concerned that if the variance is approved, in the future the number of people conducting business there could increase. She stated she would like to see the variance rescinded and the first floor returned to residential.
Mr. Mosca, Church Street, stated a lot of cars from this property park in front of his house. Mr. Jolly noted Church Street has residential permit parking so if cars from this building are parking on Church Street, they are doing so illegally.
Mr. Mosca stated tenants from this building put their garbage out on Church Street on a Friday and it blows all over the street over the weekend.
Upon inquiry from Ms. Brown, Mr. Blancato stated when the building was all residential, it was a legal non-conforming use. The variance was received to allow the commercial use on the first floor. The variance was originally five years and then it was renewed for another five years. It was then granted permanently for the real estate offices. They are asking for an amendment to allow the attorney and management offices but the use is less intense.
Ms. Marianne Lepore, 22 LeRoy Avenue, stated parking is a serious problem. When there is overflow on Church Street, cars park on LeRoy Avenue. Mr. Blancato stated it is their intent to park nowhere other than the property itself.
Mr. Hughes stated there are eight spaces but you can fit a few more cars in. Their intent is to have no on-street parking.
Mr. McGarvey questioned the business hours. Mr. Hughes stated 9 a.m. to 5 p.m.
Ms. Fracaroli stated the DeCecchises charge the tenants to use the on-site parking so not everyone pays for it. Mr. McGarvey stated he did not know if that is permitted and would review that with Village Counsel.
Ms. Brown stated maybe this is the time to convert the first floor back to residential since the space is vacant. Chairwoman Lawrence stated that is a matter that would also have to be reviewed with Village Counsel.
Mr. Jolly stated if another real estate office wanted to use this space that would be permitted and that might be worse than what is being proposed.
Mr. Blancato stated the DeCecchises listed this property for various offices. They had a great deal of interest. This use was the least intensive one. The other uses were more people and they did not want that.
Chairwoman Lawrence questioned whether these offices would operate on weekends. Mr. Hughes stated it would be seldom. He noted he does not want to locate his office where people coming to see him can’t park.
Ms. Fracaroli stated she has pictures of this property showing cars parked all over.
Chairwoman Lawrence stated the Board will have the Village Attorney present at the next meeting and many of the issues can be reviewed with him at that time.
All agreed to continue the hearing at the Board’s May meeting.
APPROVAL OF MINUTES
Ms. Brown moved, seconded by Mr. Maloney, and unanimously carried, that the minutes of March 10, 2008, be approved as submitted.
MEETING ADJOURNED 8:55 p.m.
Kathleen D’Eufemia
Secretary
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