1 25 6 https://sleepyhollow.localarchives.org/files/original/da2a211d6328d10d5441df5fcfbbaa0d.pdf ebcdcfc5f892716852f7bacb9d0a6345 PDF Text Text Minutes of t h e S p e c i a l Meeting of t h e Zoning Board of Appeals of t h e V i l l a g e of North Tarrytown held a t t h e Corporation Rooms i n t h e Village of North Tarrytown on t h e 1 0 t h . day of A p r i l 1941 • P r e s e n t : - J o h n J . P o l l a r d , Chairman D. I . Griraball David l a g e , J r . Villliam C. Schmidt Richard C. Allen Angelo Zingaro Frank X. Quain, S e c r e t a r y Meeting v/as c a l l e d t o order by t h e Chairman, Mr, P o l l a r d a t 8:15 P. M. The reading of t h e minutes of t h e previous were not a v a i l a b l e t o be r e a d . There was no o l d business* • Hew Business-Mr. Griiaball brought t o t h e a t t e n t i o n of t h e Board t h e f a c t t h a t he m s informed t h a t t h e r e was some new work done a t t h e premises of 14 Devries Avenue i n which t h e Zoning Ordinance was v i o l a t e d . Mr. Allen v/as then asked by t h e Chairman t o e x p l a i n . Mr. Allen s t a t e d t h a t he kne?f t h a t t h e r e were changes of a s t r u c t u r a l n a t u r e made a t t h e premises mentioned. I t was h i s opinion t h a t t h e house was converted i n t o a two (2) family house i n v i o l a t i o n of t h e Zone "A" r e s i d e a t i o n a l r e s t r i c t i o n s . He a l s o s t a t e d t h a t t h e s e changes made exceeded an expenditure of §100.00 and t h e owner of t h e house never requested or received a permit t o perform t h e work* Mr. Schmidt then addressed t h e Board a s t o j u s t what t h e Zoning Board imspperraitted t o do in t h i s c a s e . Upon questioning by Mr. Grimball, Mr. A l l e n , t h e b u i l d i n g i n s p e c t o r s t a t e d t h a t t h e r e were two (2) s p e c i f i c v i o l a t i o n s of t h e Zoning Ordinance committed a t t h e premises a t 14 Devries Avenue. Mr. Pollard then d i r e c t e d t h e b u i l d i n g i n s p e c t o r t o n o t i f y t h e owner of t h e premises a t 14 Devries Avenue of t h e s e v i o l a t i o n s . Mr. Pollard then i n s t r u c t e d t h e b u i l d i n g i n s p e c t o r t o make h i s r e p o r t t o t h e Board, monthly, i n t h e f u t u r e . Mr. Schmidt then moved t h a t t h e Board, in t h e f u t u r e , meet every t h i r d Tuesday of t h e month. The motion was seconded and passed unanimously by t h e e n t i r e Board. The Chairman t h e n i n s t r u c t e d t h e S e c r e t a r y t o o f f i c i a l l y n o t i f y t h e Mayor and Village Board Members of t h e new meeting dates and t o c o r d i a l l y i n v i t e any member of t h e Village Board t o a t t e n d t h e meetings of t h e Zoning Board. At t h e same time t h e s e c r e t a r y was asked t o request permission from t h e V i l l a g e O f f i c i a l s , t h e use of t h e Corporation Rooms on t h e s e meeting n i g h t s or f o r any Special Meetings t h a t may be made n e c e s s a r y t o hold. € _.^-WA.-"-,u J ^ . V : :,^>,-wwa^-^^^^^^-c^;r^^ •^^^^S^fixkSiM-i �The Secretary was also directed by the Chairman t o request the Village Officials t o make t h e necessary arrangements t o supply the Zoning Board with the essential printed s t a t i o n e r y for correspondence work necessary t o functioning of the Zoning Board. Also t o order a supplytdf "Building Inspector Monthly Reports," Motion was made by Mr. Grimball t o adjourn. I t was duly seconded and ordered a t 9:08 P. M. sfS^Ny Secretary �A p r i l 8, 1941 COPY Messrs: John J . Pollard William C. Schmidt David Page, J r . Richard C. Allen D. I . Griioball Angelo Zingaro Gentlemen: You a r e hereby n o t i f i e d t h a t a s p e c i a l meeting of t h e Zoning Board of Appeals w i l l be held a t the Nevr Municipal B u i l d ing on Beeknian Avenue, North Tarrytorwn on Thursday a t 8 P. M., A p r i l 10, 1941. Mr* P o l l a r d , t h e chairman has s e v e r a l important matters t o be disposed of and 7/ishes a l l t o make a s p e c i a l e f f o r t t o attend. Yours very t r u l y , Secretary COPY � 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-1941 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_1941-04-10 Subject The topic of the resource Zoning Board Minutes & Resolutions-1941 Date A point or period of time associated with an event in the lifecycle of the resource 1941 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 https://sleepyhollow.localarchives.org/files/original/6f6ef55d9c5d19ecdb512a81448676bd.pdf 67ba31c67043a8be8ca028e1a079f7ce PDF Text Text Minutes of Special* Meeting of t h e Zoning Board of Appeals of t h e Village of North Tarrytown, jf« if«, held a t t h o Munioipal Building i n s a i d Village on t h e 28 t h . day of A p r i l 1941. Presents John J . P o l l a r d , Chairman D. I . Grimball David l a g e , J r » Y a i l i a n C. Sohuddt Frank X« Quain, S e c r e t a r y Angelo Zingaro, Counsel Richard C. A l l e n , Building I n s p e c t o r Meeting was c a l l e d t o order by t h e Chairman a t 8:10 P, M. The l e t t e r explaining why t h e meeting was c a l l e d , was read by t h e S e c r e t a r y . Mr. Me l a v i l l a ' s l e t t e r was then read by t h e S e o r e t a r y . In t h i s l e t t e r , Mr. M e l a v i l l e denied t h a t any v i o l a t i o n s were oomraitted and claimed a l l a l t e r a t i o n s were made t o comply with t h e Zoning Laws. Mr. Zingaro then explained t h e v i o l a t i o n s as charged by t h e Building Inspector. Mr. M e l a v i l l e then denied t h e a l l e g a t i o n s i n t o t o r e f e r r i n g t o conversation •with Building Inspector before work was s t a r t e d . A g e n e r a l discussion then followed between t h e Board Members and Mr. ft Mrs, M e l a v i l l e . Mr. Schmidt then moved t h a t t h e meeting be adjourned so t h a t t h e Board could examine t h e case more thoroughly. Mr. Bige seconded t h e motion and t h e meeting was adjourned a t 8:40 P, M. l a t e r t h e members of t h e Board, a t t h e i n v i t a t i o n of Mr..ft Mrs. M e l a v i l l e made an inspection of t h e premises i n question a t 14 Devries Avenue, North Tarrytown. Secretary �A p r i l 1 8 , 1941 Messrs: John J. Pollard - /\t*€£a^<£ &"<>>, WtJ^CvfJl M. /.TT William C. Schmidt David Page, J r . Richard C. A l l e n D. I . Grimball Angelo Z i n g a r o Gentlemen: There v*ill be a special meeting of the Zoning Board of Appeals held on Monday Evening, April 28th., 1941 at Eight 0» Clock, daylight saving time, in the Corporation Hooms of the New North Tarrytovm Municipal Building on Beekman Avenue, North Tarrytown, N» Y. The meeting is for the purpose of considering an appeal being made by Mr, Joseph F. Melaville, pertaining to a decision of the Building Inspector, affecting the premises at Number Fourteen (14) Devries Avenue, North Tarrytown, II. Y. The decision made by the Building Inspector is that recently there were some structural alterations made at the premises mentioned, in which there exists two (2) violations of the Zoning Ordinance of the Village of North Tarrytown, N. Y. The chairman, Mr. Pollard, has requested that all of the members of the Board, make a special effort to be present. Yours very truly, Secretary �14 Devries Ave. North Tarrytown, N. Y • April 15 1941. :ir. John J. Pollard,Chairman, Zoning Board of Appeals, North Tarrytown,N.Y•. Dear Sir-J I hereby request a public hearing,pursuant to •Village Law and your Zoning Code,to review the decision of the Building Inspector,dated April 11th.1941,with reference to my home at #14 DeVries Ave, North Tarrytown. . Yours very truly/ �k --r — 9 120 'Vim T a s s e l l Avenus, Horth Tarrytown, H«w Yoik May U , 1941 Mr* Joseph F* H o l a v i l l e , 14 Devrles Avenue, Horth Tarrytown, B* Y* Dear S i r : At the regular meeting of the Zoning Board of Appeals of the Village of Horth Tarrytown held a t the North Tarrytcsti Municipal Building an Hay 1 3 , 1941 the following decision m s made* "To consider an appeal f i l e d vdth the Zoning Board of Appeals by Joseph l i e l a v i l l e , owner of the premises a t 14 Devrles Avenue, obj e c t i n g t o a v i o l a t i o n placed on t h e premises by the Building Inspector of the V i l l a g e of Horth Tarrytown as a result of an a l t e r a t i o n nade by the owner* The reasons for the v i o l a t i o n ares 1 - f a i l u r e t o secure a building permit; See* 1 1 , Zoning Ordinance, Village of Horth Tarrytosn. • 2 - a l t e r a t i o n does not comply with Sec* 3 , Subd i v i s i o n 1, Zoning Ordinance, Village of Horth Tarrytceau Molaville contends that he discussed the contemplated a l t e r a t i o n with t h e Inspector and i«8 informed that no permit was necessary* The Building Inspector confirms the conversation, s t a t i n g that the information a t that time m s vague, that he further stated that I f t h e a l t e r a t i o n did not involve a structural change t o exceed f 100.00 ne permit was necessary* The owner stated that the Building Inspector had made repeated v i s i t s while the work was in progress and during these times f a i l e d t o stop t h e work* The Board has given careful consideration t o t h i s feature of the appeal* **-,,.. U e l a v i l l e * the owner, i s Sergeant of Police i n the Village of Horth Tarrytcsm* Hs i s familiar with the provisions of the Zoning Ordinance and Building Code and has been c a l l e d upon* as part of h i s regular duty, t o enforce i t s provisions In oases of violation* Be contends t h a t t h e a l t e r a t i o n i s consistent with the provisions of t h e Zoning Ordinance* :~j*s �Helaville** f a i l u r e t o secure a permit does not impose a hardship as might bo present i f he were ignorant of the Saw and unfamiliar with procedure* The Board admits negligence on the part of the Building Inspector In not stopping the work while in progress but does n o t , under the circumstances, consider t h i s f a i l u r e controlling* (Sec* 1, Building Code and Ordinance, "Building Inspector, See* 1 , P. 2*) Melavi l i e stated that the structural change was necessary t o enable Mm t o meet the increased expense of taxes and maintenance. This Board did on the 28th, day of April 1941, a t the request and i n v i t a t i o n of t h e owner, inspect the premises in question* The a l t e r a t i o n involves a structural change t o provide a complete liousekeeping unit on the second f l o o r of the property* A partition was removed t o convert a bedroom i n t o a l i v i n g room and the further conversion of another bedroom i n t o a complete kitchen u n i t , which includes r e f r i g e r a t o r , gas range, sink, cabinets, eto* This unit i s rented t o a tenant now in possession* There are separate pas and e l e c t r i c meters* As t o the f i r s t f l o o r occupied by the owner, the former kitchen was divided t o provide a complete bathroom where none previously e x i s t ed and t h e remaining portion of the kitchen Is complete with the ex** caption of a pipe running from the main gas l i n e t o t h e k i t c h e n , which could be replaced a t small expense* In a l l respects t h e portion occupied by the owner i s a complete u n i t , except for certain minor changes, namely, the purchase of a gas or an e l e c t r i c range* The Board holds that t h i s a l t e r a t i o n v i o l a t e s the intent of Seo* 3 of t h e Zoning Ordinance* The f a c t that the owner contends t h a t the downs t a i r s apartment does not make use of the kitchen unit and that be and his tvlfe take t h e i r meals on the outside i s , in the judgment of the Board, immaterial* I t oannot, in f a i r n e s s t o other property owners who have bought in good f a i t h , condone the action of t h e owner In creating an a l t e r a t i o n i n obvious non-compliance with t h e provisions of the Zoning Ordinance* U e l a v i l i e had knowledge of the law and methods of procedure t o secure a decision in advance of making said a l t e r a t i o n and thereby protect himself against any hardship Imposed by a decision upholding the action of the Building Inspector i n f i l i n g a v i o l a t i o n on the premises* The Board i s actuated with a d e s i r e , based on a recognition of general economic and s o c i a l conditions, t o temper I t s findings but must, a t the same time, carry out I t s duty t o enforce the provisions of t h e Zoning Ordinance, in the Village of Horth Tarrytowa* which was created t o mote the best i n t e r e s t s of i t s d t i s e n s * " Tours very truly, Frank X* Qualn, � 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-1941 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_1941-04-28 Subject The topic of the resource Zoning Board Minutes & Resolutions-1941 Date A point or period of time associated with an event in the lifecycle of the resource 1941 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 https://sleepyhollow.localarchives.org/files/original/483e7259f208454c2aa583f571f14603.pdf 9289041d1145c8e29bc3f8448f9e23cf PDF Text Text I ±m Minutea of the Regular tteeting Zoning Board of Appeals of the of Worth Tarr/towa, H.X., held the Municipal Building in said on the l j t h day of May, 19M. of the Village at Villas Present! wra#. Q. Bobaidt, Acting Ohairaan D.I. ariaball David Page, Jr. Frank X. Muain, Secretary Richard C Allen, Building Inspector Angelo B. Zingaro, Counsel Absent J John J. Pollard I n the absence of Mr. Pollard, Mr. Schaidt acted as ohairaan and called the meeting to order at S: 15 P.M. The reading of the minutes of the previous meeting wae dispeneed with io as to consider the appeal of ttr. Joseph F. Uelaville. After considerable discussion i t was moved by Mr, Bchaldt thai; the following be made, the decision of the Board in connection with the appeal of Mr. Joseph F? Melaville, owner of premi s e s known a e Fourteen (l4) Devrles Avenue, in the Village of Worth tarry town from a decision of the Building Inspector declaring a violation exist ant on eaid preaises against Section Three (3) Subdivision One(l) and Section Eleven (11) of the Zoning Ordinance of the Vjtiinge of North tarry town, H.X. o consider an appeal f i l e d with the Zoning Board of Appeals by Joseph F. e l a v i l l e , owner of the preitiaes at 14 Pevries Avenue, objecting to a violation laced on the premises by the Building Inspector of the Village of liortfa . Tarry town as a result of an alteration aade by the owner. , The reasons for the violation are: 1 - failure to secure a building permit: 3#c. 11 Zoning Ordinance, Village of North Tarry town. I -•**• - v 2 • a l t e r a t i o n does not comply with fceo# 3 , Sub» d i v i s i o n 1, Zoning Ordinance, Village of Horth ^arrytown. /- Melaville cont ends that he discussed the contemplated alt er at ion with the j Inspector and w&e Informed that no pens i t was necessary. The building Inspector confirms the conversation, s t a t i n g that the information at that time was vague, • that he further stated that i f the alteration did not involve a structural : change to exceed 41CX).00 no pernit was necessary. The owner stated that the Building Inspector had made repeated n s i t s while the work was in passess and during these times f a i l e d t o stop the work. The Board has given careful consideration to t h i s feature of the appeal. •'_-".'.'./-^ ".,.-;•;; M e l a v i l l e , the owner, i s Sergeant of Police in the Village of Horth Tarry town* He i s f&millar with the provisions of the Zoning Ordinanoe and Building Code a n d has been called upon, as part of his regular duty, t o enfere* i t s pro v i s * lone In oases of v i o l a t i o n . Ke contends that the a l t e r a t i o n i s consistent with the provisions of the Zoning Oro^itanaa, ;^ ' .-'•>---?'-, V*. ";--;.-,Wv m • ' r r " * _ ' . <^-if - �Melavliie«s failure to secure a permit does not impose a haa^ip as might be present I f he war* ignorant of the law ana unfamiliar with procedure. *he Board i l t s negUgenoe on the part of the Building Inspector i n not §topping the f»rk while in progress but does not, under the oiroumetanoes, consider this illure controlling. (i*eo. X, Building Code and Ordinance, "Building Inspector, ^eo.lfF.2.) Melavllle stated that the etructurai oimn«« wa# neo«e»ary to tnablt him to meet tha increased expense of taxes and maihtenaoe. Thia Board dHon the £gth day of April, 19^X, at tha rt qua at and invitation of the owner, inspect the premises in question. \ The alteration involve* a structural change to pit)ride a complete housekeeping unit oh the aeoond floor of tha property. A partition was removed to convert a bedroom into a living rooa and tha further conversion of another bedroom into a complete kitchen unit, which includes refrigerator, gae range, sink, o*blnete»eto. T^s unit i s rented t o a tenant now in possession. There are separate gas and aleatria metere. As to the first floor oooupied by the owner, the former kitahen wae ditided toprovide a complete bathroon where none previously existed and the remaining portion of the kitchen l a , complete with the exception ot a pipe running from the main gas line to the kitchen, which oouid be replaced at email expense; In a l l respects the portion occupied by the owner i s a oomplete unit, except for certain minor changed, namely* the purchase of a gas or an electric range. 4 The Board holds that t h i s alteration Violates the intent of Saa# 3 Of the , Zoning Ordinance. , Tha fact that the owner contends that the downstairs aprtraent does not make use of the kitchen unit and that he and his ^ h e i r meals on the outside i s t in the Judgment o f the Board, Immaterial. I t •fbnnot, m fairness to otherproperty owners who have bought in good faith, : jfcndone th<? action of the owner in creating ah alteration in obvious non-com^Rianoe with the provlslone of the Zoning Ordinance. Uslavilie had knowledge o f the law and methods of procedure to 8eeure a decision in advance of making said alteration and thereby protect himself against any hardship imposed by a decision upholding the action of the Building Inspector in f i l i n g a violation on the premises. -':'-•; .'. ./•'-••.*; •<•::.. --.•;•-.'-• V-,-. .V-,":- --V-> The Board i s actuated with a d e s i r e / based on a recognition of general economic and s o c i a l conditions, t o temper i t s findings but must, nt the eame time, carry out i t s duty t o enforce t h e provisione o f t h e Zoning Ordinance, i n the V i l l a g e of North Tarry torn, which.was created: t o :rpromote the b e:s t i rn t e r a c t e ^cr 'of its clti*sne. - '-v'*'. ' •'•';'"':,Vr/\ :^}A *~-, :v-'-;'\M'-- i I t i s therefore the decision of the Board that t h e Building Xnepaatar waa 1 J u s t i f i e d and v i o l a t i o n s claimed by tha Building Inspector, found t o e x i s t . On r o l l c a l l t h e following Tote was reoordadJ ; - ^ : : Mr. arimball :"•* i " Aya ''-:''• / -->-•••'-• . - - ^ S ; • •/. ,.;-./;.•. ^p Mr. Page •• •/.%# ~J-P\ ,-*-:-;" :,^;;.';\:[-i : : J . Mr. Schmidt .-.-;# ^Aj* ^ -v-^ --^ ^ V V ^ ^ X J . I 1 . Mr. <4uain v.' •-.-''.''•' *?VAya '•:,'•"• ..-•-•••••^- -":? " • " v : ^ : t ; : : - ^ : Mr. Pollard ; ../ Absent '^;:^-J:'}i^:^;S^ . Grimball moved that Mr. Melaville Item notified of tha action e f the Board. ?^-\ i s motion was seconded by Mr. Schmidt and aarrlad unaalmanely by the rs present. . Allen, the Building Inspector, was then advieed by tha aanasal, Mr. Umgara to take the neaasaary stepe to enforce the pupvieione ef tha law ta aamfarm with the decision of this Board with reepaat to tha MalawlXlc •-'-V �*#;; *; Thi motion to kjoura im# ^ i ih liii f i n iji i » i' *•'• • • » ' '• - JTf— " .*- ' "' """" 2*IMkQ " a |- - - •' ii > --' ' r " • i • • ' - "•—• , t l l . n i in V . ' ••>»-,• Secretary I tJ>: I •'•'"'. -£.v*'-: . / . ^ - y ^ ^ - ; • : & > % * ."<* - • ' - « - - ^ ' . . - "--_\,t -=L . - / • .-.-:?.*£*??.? ' r V ^ - " ^ . l - . e . - i £:jij£^fcs& w �» Minutes of the Regular Meeting of the Zoning Board of Appeals of the Village of North Tarrytown, N. Y., held at the Municipal Building in said village on the 15th. day of May 1941. Present: V&i, C. Schmidt, Acting Chairman D. I. Grimball David I&ge, Jr. Frank X. Quain, Secretary Richard C. Allen, Building Inspector Angelo Zingaro, Counsel Absent: John J. Pollard In the absence of Mr. Pollard, Mr. Schmidt acted as chairman and called the meeting to order at 8:15 P. M. The reading of the minutes of the previous meeting was dispensed with so as to consider the appeal of Mr. Joseph F. Melaville. After considerable discussion it was moved by Mr. Schmidt that the following be made, the decision of the Board in connection with the appeal of Mr. Joseph F. Melaville, ovmer of premises knovm as Fourteen (14) Devries Avenue, in the Village of North Tarrytown from a decision of the Building Inspector declaring a violation existant on said premises against Section Three (3) Subdivision One (l) and Section Eleven (11) of the Zoning Ordinance of the Village of North Tarrytown, N. Y. • "To consider an appeal filed with the Zoning Board of Appeals by Joseph F. Melaville, owner of the premises at 14 Devries Avenue, objecting to a violation placed on the premises by the Building Inspector of "the Village of North Tarrytovm as a result of an alteration made by the owner. The reason for the violation are: 1 - failure to secure a building permit; Sec. 11 Zoning Ordinance, Village of North Tarrytown. 2 - alteration does not comply with Sec. 3, Subdivision 1, Zoning Ordinance, Village of North Tarryt own. Melaville contends that he discussed the contemplated alteration with the Inspector and was informed that no permit was necessary. The Building Inspector confirms the conversation, stating that the information at that time was vague, that he further stated that if the alteration did not involve a structural change to exceed §100.00 no permit was necessary. The owner stated that the Building Inspector had made repeated visits while the work was in.progress and during these times failed to stop the work. The Board has given careful consideration to this feature of the appeal. Melaville, the owner, is Sergeant of Police in the Village of North Tarrytotm, He is familiar with the provisions of the Zoning Ordinance and Building Code and has 4>een called upon, as part of his regular duty, to enforce its provisions in cases of violation. He contends that the alteration is consistent with the provisions of the Zoning Ordinance. -Wr y �Melaville^ failure to secure a permit does not impose a hardship as might be present if he were ignorant of the law and unfamiliar with procedure. The Board admits negligence on the part of the Building Inspector in not stopping the work while in progress but does not, under the circumatances, consider this failure controlling. (Sec. 1, Building Code and Ordinance, "Building Inspector, Sec. 1, P. 2.) Melaville stated that the structural change was necessary to enable him to meet the increased expense of taxes and maintenance. This Board did on the 28th. day of April 1941, at the request and invitation of the owner, inspect the premises in question. The alteration involves a structural change to provide a complete housekeeping unit on the second floor of the property. A partition was removed to convert a bedroom into a living room and the further conversion of another bedroom into a complete kitchen unit, which includes refrigerator, gas range, sink, cabinets, etc. This unit is rented to a tenant now in possession. There are separate gas and electric meters. As to the first floor occupied by the owner, the former kitchen was divided to provide a complete bathroom where-.none previously existed and the remaining portion of the kitchen is complete v/ith the exception of a pipe running from the main gas line to the kitchen, which could be replaced at small expense, in all respects the portion occupied by the owner is a complete unit, except for certain minor changes, namely, the purchase of a gas or an electric range. The Board holds that this alteration violates the intent of Sec. 3 of the Zoning Ordinance. The fact that the owner contends" that the downstairs apartment does not make use of the kitchen unit and that'hie'and his wife take their meals on the outside is, in the judgment of the Board, immaterial. It cannot, in fairness to other property owners'who have bought in good faith, -, condone the action of the owner in creating an alteration in obvious non-compliance with-the'provisions of the Zoning Ordinance. Melaville had knowledge of the law and methods of procedure to secure a decision in advance of making said alteration and thereby protect himself against any hardship imposed hy a decision upholding the action of the Building Inspector in filing a violation on the premises. The Board is actuated with a desire, based on a recognition of general economic and social conditions, to temper its findings but must;at the same time, carry out its duty to enforce the provisions of the Zoning Ordinance, in the Village of North Tan-ytown, which was created to promote the best interests of its citizens. It is therefore the decision of the Board that the Building Inspector was justified and violations claimed by the Building Inspector, found to exist. On roll call the following vote was recorded: • * Mr. Grimball Aye Mr. Bige . Aye Mr. Schmidt Aye Mr. Quain Aye Mr. Pollard Absent �Mr. Grimball moved t h a t Mr. Melavilie be n o t i f i e d of the a c t i o n of t h e Board. This motion v/as seconded by Mr. Schmidt and c a r r i e d unanimously by t h e members present. Mr. A l l e n , t h e Building I n s p e c t o r , v«as then advised by t h e counsel, Mr. Zingaro, t o t a k e t h e necessary steps t o enforce t h e provisions of t h e law t o conform ivith t h e d e c i s i o n of t h i s Board vdth respect t o t h e Melavilie c a s e . The motion t o adjourn v.-as duly made and seconded a t 9:35 P. M. Chairman Secretary c —" X �To consider an appeal filed with the Zoning Board of Appeals by Joseph Melaville, owner of the premises at ik DeVries Avenue, objecting to a violation placed on the premises by the Building Inspector of the Village of North Tarrytown as a result of an alteration made by the Owner, The reaaone tor the violation are: 1 - failure to secure a building permit; Sec* 11, Zoning Ordinance, Village of Worth Tarry town, 2 - alteration does not comply with Sec* 3, Subdivision 1, Zoning Ordinance# Village of North Tarrytown* Melaviiie contends that he discussed the contemplated alteration with the Inspector and was informed that no permit was necessary* The Building Inspector confirms the conversation, stating that the information at that time was vague, that he further stated that if the alteration did not involve a structural change to exceed $100*00 no permit was necessary* The owner stated that the Building Inspec- tor had made repeated visits while the work was in progress and during these times failed to stop the work. The Board has given careful consideration to this feature of the appeal* Melaville, the owner, is Sergeant of Police in the Village of North Tarry town* He is familiar with the provisions of the Zoning Ordinance and Building Code and has been called upon, as part of his regular duty, to enforce its provisions in cases of violation* He contends that the alteration is consistent with the prowl si one of the Zoning Ordinance* �Melavillefs failure to secure a permit does not impose a hardship as might be present if he were Ignorant of the law and unfami liar with procedure. The Board admits negligence on the part of the Building Inspector in not stopping the work while in progress hut does not, under the circumstances, consider this failure controlling. (Sec. 1, Building Code and Ordinance, "Building Inspector, Sec. 1, P.2") Helavllle stated that the structural change was necessary to enable r n him to meet the increased expense of taxes and maintenance. 4 The ^ 7 * ^ alteration involves a structural change to provide a complete house-;7 keeping unit on the second floor of the property. A psjtition was^T^*1 I removed to convert a bedroom into a living room and the further v, , v&&*** conversion of another bedroom into a complete kitchen unit, which includes refrigerator, gas range, sink, cabinets, etc. is rented to a tenant now in possession* This unit There are separate gas and electric meters. As to the first floor occupied by the owner, the former kitchen was divided to provide a complete bathroom where none previously existed and the remaining portion of the kitchen is complete with the exception of a pipe running from the malm mm* line to the kitchen, which could be replaced at small expense. la all respects the portion occupied by the owner is a complete unit, exempt for oertain minor changes, namely, the purchase of a gas or an eleetrie rang*. € v The B0ard holds that this alteration violates the imteat of Sec. 3 of the Zoning Ordinance. The faet that the owner contends that the down* stairs apartment does not make use of the kitchen unit and that he and • si -m?: _--^?*$ �his wife take t h e i r meals on the outside i s , in the Judgment of the Board, immaterial. It cannot, in fairness to other property owners who have bought in good faith, condone the action of the owner in creating an alteration in obvious no n-compliance with the provision* of the Zoning Ordinance. Mel a n l i e had knowledge of the law and methods of procedure to secure a decision i n advance of making said alteration and thereby proteet h i • self against any hardship imposed by a decision upholding the action of the Building Inspector in f i l i n g a violation on the premises* The Board i s actuated with a desire, based on a recognition of general economic and social conditions, tetemmsr I t s findings but must, at the ammo time, carry out i t s duty to enforoe the provisions of the Zoning Ordinance, in the Village of Morth T&rrytomm, which was created to proms to the best lmterosts of i t s e i t l s m s * �VILLAGE O F NORTH TARRYTOWN E D W A R D A. M A R T I N . MAYOR H A R R Y D. HA R I N G . A C T I N G MAYOR JAMES T . OWENS, CHAIRMAN FINANCE COMMITTEE PATRICK J . POWERS, CHAIRMAN FIRE COMMITTEE MICHAEL J . MURPHY, CHAIRMAN ADMINISTRATION COMMITTEE HARRY D. HARING, CHAIRMAN STREETS AND SIDEWALKS COMMITTEE VILLAGE COUNSEL ANGELO E . ZINGARO THOMAS T. MARGOTTA, CHAIRMAN POLICE AND LIGHT COMMITTEE GEORGE YUNGER, CHAIRMAN HEALTH AND RECREATION COMMITTEE JAMES D . O'CONNELL, TREASURER BEATRICE REILLY, CLERK April 30, 1941 Mr. Prank Quain, Secretary, Zoning Board of Appeals, Van Tassel Avenue, North Tarry town,- N. Y. My dear Mr. Quain: In accordance with your request the Board of Trustees has authorized your obtaining the necessary sta- • tionary for your Board, and is also pleased to allow you the p Z use of the Meeting Room on the third Tuesdays of the month and file space for your records. Yours/verV VILLAGE CLERK ^&4&&is<&&\&i8S32&*££&£GiBS%i£iSi& v-<^eA0a" j * f � 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-1941 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_1941-05-13 Subject The topic of the resource Zoning Board Minutes & Resolutions-1941 Date A point or period of time associated with an event in the lifecycle of the resource 1941 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 https://sleepyhollow.localarchives.org/files/original/f0033d99a41444193311450b6a7d0c9b.pdf acb68f4c0b080456646a590e66b355e9 PDF Text Text Minuts of the special Meeting of the Zoning Board of Appeals of the village of north Tarrytown,u.Y.iheld a$ the municipal Building in said village on the 17th. day of November 1941. present: ^m. C, Schmidt,Acting uhairraan, D.I.Orimball. David Page,jr. F.X.Quain, secretary. Richard C. Allen,Building Insp, Angelo Zingaro,Counsel. Absent: John J. pollard. in the absence of Mr. pollard,Mr. Schraidt acted as chairman and called the meeting to order at 8:18 p.if. The reading of the minutes of the previous meeting were approved as read. t A communication from the phillipse Manor Improvement Ass'n. which was referred to the Board by the village trustees was read. A motion was made by nr. Schmidt and seconded by Mr. page to direct Mr. Zingaro to inform the Board of Trustees of the decision of the Zoning Board*s action of nay 13th.,1941 with regards to violations committed on the Melaville property on Devriea Ave.,north T&rrytown. The rest of the Board unanimously agreed. There being no further business,Mr. Schmidt made the motion to adjourn. Seconded by Mr. Grimball and carried. It was so ordered at 9:08 P.M. '••? I Acting Chairman* �VILLAGE O F NORTH TARRYTOWN, N.Y, ZONING B O A R D O F A P P E A L S # JOHN J. POLLARD, CHAIRMAN D. I. GRIMBALL ANGELO ZINGARO, COUNSEL WILLIAM C. SCHMIDT RICHARD C. ALLEN, DAVID PAGE, JR. BUILDING INSPECTOR FRANK X. QUAIN, SECRETAF.Y ... - November 13, 1941 GentlemenI There will be a special meeting of the Zoning Board of Appeals held on Monday Evening, November 17, 1941 at Eight (8) O'clock, in the Corporation Rooms of the North Tarrytown Municipal Building on Beekman Avenue, Worth Tarrytown. • The meeting is for the purpose of replying to a communication received from the Board of Trustees relative to the status of the violations existing at 14 Devries Ave», North Tarrytovvn* Yours very truly, jss J Secretary �VILLAGE O F NORTH TARRYTOWN E D W A R D A. M A R T I N . MAYOR HARRY D. H A R I N G . ACTING MAYOR fll GEORGE YUNGER, CHAIRMAN FINANCE COMMITTEE PATRICK J. POWERS, CHAIRMAN FIRE COMMITTEE MICHAEL J. MURPHY, CHAIRMAN ADMINISTRATION COMMITTEE HARRY D. HARING, CHAIRMAN STREETS AND SIDEWALKS COMMITTEE VILLAGE COUNSEL ANGELO E. ZINGARO JAMES T. OWENS, CHAIRMAN POLICE AND LIGHT COMMITTEE JAMES D. O'CONNELL, TREASURER JOSEPH M. KELLY, CHAIRMAN HEALTH AND RECREATION COMMITTEE BEATRICE RBtLLY, CLERK November 6, 1 9 4 1 . My d e a r Mr. Quain: I have been directed by the Board of Trustees to refer to you for investigation and report the enclosed letter from The Philipse Manor Improvement Association. Yours very^-truly VILLAGE CLERK Mr. F. X. Quain, 120 Van Tassel Ave., North Tarrytown, N.Y. * �COPY THE PHILIPSE MANOR IMPROVEMENT ASS'N North Tarrytown, N. Y. Board of T r u s t e e s , North Tarrytown, N. Y. Gentlemen: The Philipse Manor Improvement Association would very much appreciate being informed as to the present status of the alleged violation of the zoning ordinance at 14 Devries Avenue. I should appreciate it very much if you could let me have this information so that I might report it to our Board of Directors.at its forthcoming meeting. Many residents of Philipse Manor are asking what action has been taken in this matter. Thanking you for your attention to this request, I am Sincerely yours, (Signed) Rainard B. Robbing, PRESIDENT. RBR/ms �e 0 PY M e s s r s : John J . P o l l a r d D. I . Grimball David Bige, J r . Vim. C« Schmidt Richard C. A l l e n Angelo Zingaro J u n e 1 1 , 1941 Gentlemen; The r e g u l a r monthly m e e t i n g of t h e Zoning Board of Appeals of t h e V i l l a g e of North Tarrytown w i l l be h e l d i n t h e Board Room of t h e New M u n i c i p a l B u i l d i n g on TuesdayEvening, June 1 7 , 1941 a t 8 P . M. E a s t e r n D a y l i g h t Saving Time, Yours v e r y t r u l y , Secretary COPY � 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-1941 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_1941-11-17 Subject The topic of the resource Zoning Board Minutes & Resolutions-1941 Date A point or period of time associated with an event in the lifecycle of the resource 1941 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 https://sleepyhollow.localarchives.org/files/original/2786d350e80746372920f5c51e0c95c3.pdf 19195686cbf527808179ed29ce1d0b13 PDF Text Text —% . i • Hoveiaber 28 > 1941 Mr. Angelo E# Zihgiroy <• 5 17'Nortti-&^dwair; •- - v,'•.-'*• . ••• ' . . Tarrytowttj H. Y# Dear Angelo>; ? .'-'\-;:-:• ^ >•:-'; .; A-" -v V'-v/;^-} :-' At the c l o s e of ; the Zoning Board of a App«a^ mfeting^^ .-^ J ™ A a week ago l a s t Monday you *ere to f W ^ W a ^ I r ^ s i g n a t u r e to the Board or True teea^withl respect to the decision of our Board In the matter of the appeal again* t the violation placed on the premises owned by Melaville. The l e t t e r was to contain the decision mide in the case Jiay 3rd together with the ins txntttlbns given at that time; by ydu as to: procedure and also notify then thatp In our Jtidgiaent # v we had complet*d the action within our jurisdiction. As you have undoubtedly overlookedf this matter*?I am calling i t to your attention* I iliappreelat# I t very much indeed i f you send me a l e t t e r along these With regards f lines kind for my signature to the above address* J > • Sincerely yours# (Signed) W. C. Schmidt, WOSiO CC-Mr.Page . Mr* Griaball Mr* Qua in X &^^^^^%^j0^J^£M^&[-^S^ik^^^S^^ 1 . � 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-1941 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_1941-11-26 Subject The topic of the resource Zoning Board Minutes & Resolutions-1941 Date A point or period of time associated with an event in the lifecycle of the resource 1941 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 https://sleepyhollow.localarchives.org/files/original/c55dc6f24882d754c3c133c914742817.pdf 1102cd58d988a4f411a6a43cd95ef0f6 PDF Text Text \£ \t 7t£?. I•\W, t\Ui ftkifZffj. M&b D«c«uber 2 , 1941 fioard OX* Trtt*teo*> .. Village of Korth rfarrytown/H# X* Gentleinoni i \ % letter add^aee^ to your tiody and referred to the Zoning Board of Appeal* inquiring a* to the statu* of pr*tai*e*known as #14 DeTrie* Avenue, hM been discussed at a reoent meeting Of the Zoning Board of Appeal* held on tbe IVth day of November, l ^ X i On I4ay 13, I941 f the Zoning Board of Appeal* rendered a deeision i n the natter/-* oopy of wlUch i* herewith enolo*ed and i e self-explanatory* At that meeting, after a hearing wa* granted to the owner of the priiiaee, the Zoning Board of Appeal* deelded that a violation existed' and therefore eu*tain*d the findings of the building inapec tor • The owner of the preolae* wa* notified In writing to dlacontintte the violation and the building inapeotor wa* »pedifl e a l l y in* true ted to preeeed under the code in the event the aaae wa* not discontinued* It 1* f e l t fey:the Zoning Beea-d of Appeal* therefore that everything required>by i t to be done ha* been dene* Incidentally f at the la*t as*ting held, a* heretofore montioned, the building inapeotor WM again dijreoted to proeeed under the code in the event the violation s t i l l exlstfdt vi^ther t^«" m respectfully subnit therefore that I t 1* our feeling that tfa*fffl*ttw--is*nw-«*Te)f ^ • - • - 1 '-,/^peetftt^y-aiii3e^ ; ^ ' ~ * -t ; i 1 - ; >"«•_•: x r i .>•""• jiff:;.._-*• boning Board of Apeoal* held Hay U t a and Hoveeiber lTth llHl* ;A| • � 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-1941 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_1941-12-02 Subject The topic of the resource Zoning Board Minutes & Resolutions-1941 Date A point or period of time associated with an event in the lifecycle of the resource 1941 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