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Zoning Board of Appeals Minutes 06/09/2008
                                                Zoning Board of Appeals
                                                Village of Tarrytown
                                                Regular Meeting
                                                June 9, 2008    8 p.m.

PRESENT:  Chairwoman Lawrence; Members Brown, Merrill-Verma; Counsel
                    Shumejda; Building Inspector/Engineer McGarvey; Secretary
                   D’Eufemia
ABSENT:   Members Jolly, Maloney

CONTINUATION OF PUBLIC HEARING – DECECCHIS – 181 SOUTH BROADWAY

Chairwoman Lawrence stated the Board tonight could entertain comments but would not take action on this application since they are still waiting for a recommendation from the Planning Board.

Chairwoman Lawrence read the following letter dated May 27, 2008, from Brenda Fracaroli, 24 Independence Street:

“As a public school teacher, a child advocate and a resident of Independence Street, I am writing this letter to ask the Zoning Board to rescind the variance for offices at 181 South Broadway and restore the residential status of this building.  The reason I am asking you to consider this option is for the ‘Safety of the Children.’  There is a new generation of young children both on Church Street and Independence Street who are beginning to play outside in the neighborhood.  Parents purchased these properties in a residential zone to ‘live.’  Having a business and expanding a business in a residential area negates this.  A business such as this brings in many strangers and cars into the neighborhood all day long, which can jeopardize the safety of the children.  You cannot put a price tag on the safety of young children.  There is available office space at 300 South Broadway, which
is already zoned for business.  Please, let’s preserve the residential zones, the little that there are, so the citizens can maintain a decent and safe standard of living as they raise their families.”

Chairwoman Lawrence questioned whether anyone wished to address the Board on this application.

Mr. Mario Mosca, Church Street, stated he fully agreed with the comments in Ms. Fracaroli’s letter.

Mr. Anthony Fracaroli, 24 Independence Street, stated he did not want to see any more parking or blacktop.  This is a residential neighborhood and it should remain residential.
He questioned whether someone has to live in the house to have the business.  Counsel Shumejda stated this variance was approved in the 1980s and it did not have a condition that the business operator had to reside on the premises.

Mr. Fracaroli stated what is being proposed seems fine; however, his concern is down the line other businesses going in may not be fine.  Counsel Shumejda explained that any future business operator would have to be a real estate broker, attorney, insurance, real property management or mortgage broker.  Those are the only business operations being sought in this variance.  Any other business would have to return to the Board.

Ms. Fracaroli stated the house on the corner of Broadway and LeRoy Avenue had been a real estate office; however, when it was sold, it converted back to a single-family residence.  Chairwoman Lawrence stated that owner chose to revert it back to residential.

Ms. Fracaroli stated she was unclear how many spaces were required.  Mr. McGarvey stated the entire building – residential and business – would require 14 and 9 are provided.  Counsel Shumejda stated the Planning Board has requested the applicant prepare a drawing showing how the additional parking could be laid out on the adjacent vacant lot.  The Planning Board could then recommend that parking be created or more likely recommend those spaces be land banked with the possibility of creating them in the future should it be determined necessary.

No one further appeared to address the Board.

Board members unanimously agreed to continue the hearing at their July meeting.

ADJOURNMENT

Ms. Brown moved, seconded by Ms. Merrill-Verma, and unanimously carried that the meeting be adjourned – 8:15 p.m.



Kathleen D’Eufemia
Secretary