1 25 11 https://sleepyhollow.localarchives.org/files/original/7a0dc869247c93d4238f89d1d14e2107.pdf 09866b115d8f1f3a53d91d67b68f42e8 PDF Text Text 76 ZONING BOARD OF APPEALS ?2LMOE OF NORTH TARRXTOTO «w* *r*» •X -*» In the Matter of Complaint of 5 • v. • * X* M„ GRBLLER, i * Complainant, :, •: - against - . : EVERGREEN JiAHOR, INC., s * . Respondent. s - - -X North T a r r y t o w a , 2-hX., February 14* 1955 BEFORE* "EDWARD 3 . COMBINGS, Chairman,, P a t r i o t J* Powere,. V i l l a g e A t t o r h e y , Advisory arid Members of Zoning Board of A p p e a l s : GEORGE N, L0PA80 NEIL GOLLOGLY PAGE iPPEAR^CES AKGELO E. ZIHGARO, ESQ. A t t o r n e y f o r Complainant 17 N o r t h 3road?/ay T a r r y town, New York JAMES H. SHIMBERG, ESQ. •'•'Attorney f o r Respondent >/ 565 F i f t h . A v e n u e **- Nev7 York, HevhXork �JR. GliAAMGSi The meeting "will pieese come to o r d e r . m> The .'neeting tonight i s a public hecring held by the Zoning Board of / p p e e l s for the Village of Worth Tarrytown on February 14, e i g h t P.A, 3 Municipal Building, 28 .deekman /.venue, with regard to the following: Complaint t h a t & c e r t a i n s t r u c t u r e erected on Lot 18, Block 7, Village of Worth Terrytov/n, does not comply with Section 3 of the Zoning Ordinance of the aforess-id v i l l a g e . That notice appeared in the paper on Januery 3 1 s t , end we have an a f f i d a v i t to that effect. The only other correspondence acre i s a l e t t e r of comolaint v/hich 1 s h u l l read addressed to trie Chairman of the Zoning Board of Appeals. n # Dear Sirs 1 hereby melee formal complaint a g a i n s t the continuance of construction by Evergreen £imovP I n c * , of s nev* dwelling house on Lot 18, Block 7, Sleepy flollov; Xsnor, Korth Tarrytown, Hew £ork„ This building being constructed does not contain the minimum cubic footege of over 2V>,VA»U f e e t required by the Zoning Ordinance, asamended, of the Village of Worth Tarry town. 1 have caused s competent engineer to make the necessary computetions o f . c u b i c footage from the plans on f i l e , and such engineer has computed ttt.fr t the building f e l l s s h o r t by a t l e a s t 3,uuo cubic feet of the s t a t u t o r y requirement. Such computations are a v a i l a b l e for i n s p e c t i o n . 1, t h e r e f o r e , c a l l upon the Zoning Bo£rd of Appeals to take the necessary action to prevent tne f l a g r a n t v i o l a t i o n of the o r d i nance and to compel e i t n e r compliance > i t h the ordinance or tne cessation of construction. Respectfully yours, £v. 1. 2. Greiler.* 1 :5R. Z1NGAR0: JH, COlLalRGS: Zv. Chairasn,— One moment p i e e s e . �MR* ZDlGAROs I'm s o r r y , MR, COSiMBlGSi Anybody addressing the meeting w i l l p l e a s e i d e n t i f y themselves and a l s o s t a t s t h e i r connection with the case so we may make a record of that* H£L ZIMAROs Mr* Groller* Mr, Zingaro? My name ir-> Angelo Zingaro, 1 represent Nov; t h i s i s a complaint "brought "by Mr* G r e l l e r who l i v e s in Hemlock Drive in Sleepy Hollow Manor a g a i n s t the construct i o n of t h i s building on Evergreen Tfay by Evergreen Manor, Inc. b e l i e v e t h a t they are t h e b u i l d e r s * I Moir the d i s t r i c t in i?hleh thin b u i l d i n g i s being constructed i s in the Residence nAv' d i s t r i c t . Pursuant t o Section 3 of the Zoning Ordinance* as amended, the t o t a l number of cubic f e e t , exclusive of the volume of any c e l l a r , porch breezew&y, garage, and n o n - l i v a b l e a t t i c space, required in t h i s b u i l d i n g i s 20 5 371 cubic f e e t . That^s based upon the 85$ of a l l t h e residences within a radius of A00 f e e t of t h i s p a r t i c u l a r building- The a c t u a l cubical c o n t e n t , however, of t h e building which i s in p r o g r e s s , according to t h e plans f i l e d , i s 15,327 cubic feeto I^OTJ t M s f i g u r e i s exclusive of the volume of t h a t portion of t h i s building v/hieh t h e complainant here claims i s a c e l l a r , and t h a t makes i t short by approximately 5,000 cubic f e e t in the e r e c t i o n of t h i s b u i l d i n g , Ko?/ s i n c e the Zoning Ordinance does not d e f i n e what i s meant hy R eel.lar, K a check i n t o t3|e law was required; and a thorough check Y/as made by me i n t o the lav?, and I have found t h i s d e f i n i t i o n In t h e law defining "cellar.R R A c e l l a r in a dwelling i s an enclosed space having more than one-half of i t s h e i g h t below the c u r b - l e vn e l . A c e l l a r s h a l l n o t be counted as a s t o r e * x'his d e f i n i t i o n propounds another very i n t e r e s t i n g question., and t h a t question i s , what i s the c u r b - l e v e l - How c u r b - l e v e l i s a l s o undefined in our Zoning Ordinance; and t h e r e f o r e a f u r t h e r check-- �had to be made in t h e law as to v/h&t a curb~level was, and t h a t cheek in the law produced t h i s d e f i n i t i o n , and I q u o t e , ^ C u r b - l e v e l * i s the l e v e l of the curb a t t h e center of the f r o n t of the b u i l d i n g } where no curb e l e v a t i o n i s e s t a b l i s h e d * t h e mean l e v e l of the land immediately adjacent t o t h e building p r i o r to any excavation OP f i l l s h a l l be considered t h e c u r b - l e v e l , u n l e s s otherwise fixed by t h e Code," Bow we claim t h a t under those circumstances the space behind tke garage in t h i s b u i l d i n g has more than one-half of i t s h e i g h t b e lov? the c u r b - l e v e l - Therefore, i t i s a c e l l a r and should not be computed in c a l c u l a t i n g the cubic footage in t h i s b u i l d i n g . Furthermore 5 t h e r e i s a provision in the Zoning Ordinance r e l a t i n g t o r e a r yards .in Residence w An d i s t r i c t s , end t h i s i s lmoY& as Paragraph (a) of Section 9, and t h a t paragraph reads as follows: "REAR ..SARDS "In any Residence B A n District, there shall be a rear yard the full width of every lot* at least five feet deep in the case of lots .not more than 50 feet deep, and in the ease of lots deeper than 50 feet, one foot shall be added to the required depth of the rear yard for each four feet hy Y/hich the depth of the lot exceeds 50 feet.R Uow the average depth of this lot, as I understand it, is 140 feet, therefore requiring a rear yard of 27i feet, I ask you gentlemen to go up and take a look at ?/hat 1 call a monstrosity. $ov/~ in the rear of this, what we call the rear yard, the embankment which es~ banfcment in some places rises to about 15 feet, and at the south corner- of this particular lot this embankment is only tv-o feet away from the building and runs about eight or nine feet to the north* The lot in the rear is shaped soMewhat like this* (indicating) I have some photographs here which I will show you people« Herefs the ohotograoh of the rear lot which I am tallu.ng about. There is t A*ss ''-"•"- r^rS7--^%"A?«.it-^i-'3,JT^<iffi*i^^ �the b u i l d i n g , and t h e r e i s the embankment which I am speaking of« At the deepest p a r t in the r e a r the d i s t a n c e i s only 24 f e e t ; and even a t the deepest p o i n t , which i s very short in comparison t o t h e e n t i r e l o t , they are s t i l l short 3 j f e e t . Mow t h i s a l s o i s surely in v i o l a t i o n of the Zoning Ordinance,, and i t appears t o t h e w r i t e r of t h i s b r i e f t h a t t h e r e has been a t o t a l d i s r e g a r d fey t h e i r b u i l d e r s of the p r o v i s i o n s of t h e Zoning Ordinance and t h e laws of t h i s s t a t e , and I r e s p e c t f u l l y submit t h a t t h i s b u i l d e r should be required to redesign t h i s building and be made t o comply with the laws and r e g u l a t i o n s a p p l i c a b l e t h e r e t o . 1 have some o t h e r photographs here which I want t o present t o yoi2. This w i l l probably give you a b e t t e r p i c t u r e of the e n t i r e s i t u a t i o n * Photos received and marked G T e l l e r ' s Exhibits 1 through 7») MR« SHIMBERGs Mr, Chairman, my name i s James Shimberg* I'm an a t t o r n e y representing Evergreen Manor, t h e b u i l d e r s of the residence in q u e s t i o n . Before I s t a r t I*d l i k e to f i l e t h i s b r i e f with the board« (Received and marked Evergreen Manor's Exhibit A.) iffi. GimmmSi Go ahead, dr. Shiraberg. MR, SIiIMBERG: Although I b e l i e v e t h a t we w i l l be f u l l y able to e s t a b l i s h t h a t t h i s b u i l d i n g as i t i s sho?rn on t h e p l a n s which are on f i l e and as i t i s being constructed complies in every way with the Zoning Ordinance of the V i l l a g e of fiorth Tarrytoi-m, t h e r e a r e j u s t one or two preliminary remarks t h a t I ' d ' l i k e "to make t o put on record. As far as I know, t h i s complaint was n o t a com- p l a i n t which was i n s t i t u t e d by any p u b l i c o f f i c i a l of the V i l l a g e of North Tarry town, but r a t h e r t h i s hearing i s being held on t h e complaint of a p r i v a t e c i t i z e n and taxpayer of t h e t i l l a g e of Itorth Tarrytowa who presented t h i s complaint to the Board, and t h e Board �as it had every right to do5 saw fit to hold question- a hearing on that As a matter of fact, this is a situation wliich lias occurred numerous tines in which the question lias been raised whether a private citizen and a tascpayor of the vi3JLage in question and even a resident of the same zoning district whore the alleged ^/iolation occur;sP whet hex* such a citizen has the right to take it upon himself to institute proceedings to enforce zoning ordinances * As a matter of fact; the question lias boon passoci upon several times by the Court of Appeals of the State of Uev York> and although it might appear to you and I as a matter of fact that any public spirited citizen^ if he feels that a violation of 3~aw exists, he certainly has the right to take wliatover appropriate action is necessary to terminate such a violation, the Courts have been compelled to hold that to clothe private citi- zens with such rights might result in abusive zoning ordinances, and tliat the zoning ordinances night bo used for purposes of annoyance and oppression. I just want to make a statoucnt to that effect before we get to the merits of the case in questionITow the proposed residence here is being constructed by Evergreen Manor as the builder for a Mr. and i-lrs- Thomas Morgan of Hew Roehelie who somctiue in the latter part of October, 1954 entered into a contract with Evergreen Honor to construct this house for them. They themselves selected and approved the plans and specifications, After the contract was signed, a copy of the plans of the house prepared by a registered architect wore filed with the building inspector of the Village of north *Iarrytown. After tliat tine, more or less in an advisory capacity, I believe that the building inspector of the Village of north Tarrytown submitted those plans to an architect retained by the oleeoy Hollow �^aimyers T Association whose only real purpose, as it has boon explained to ne, is to check plans of tills sort to see whether or not the proposed plans contain the required amount of cubic content so as to comply with Section 3 of tho Soning Ordinance A check such as that was made in this case, and I believe that the copy of the plans which are on file with the building inspector contained upon them the approval of such plans in the handwriting of this particular architect signifying, I believe^ that the plans contained 20,650 cubic feet of livable space, which is more than tho minimum required by the Soning Ordinance for this particiilar house. How based thereon a building permit was issued by the Village of North Tarrytown. In reliance on that building permit Evergreen Manor proceeded with the construction of the house- and I believe to date approximately £10«000. 1ms been ex,) pended in the construction of that house* Also in reliance on the building perrait, the Title Guarantee and Trust Company gave a building loan mortgage on the house, and they too as a matter of fact have advanced substantial sums of money to date. How as far as the actual question which 1 believe is presented here as to whether tliat portion of this house which is designated on the plans as a family room or bedroom, whether the area of this particular room should be counted in computing the cube requirements. Uow, as I understand it, tho reason behind the zoning ordinance North Tarry town, which is the sane reason beliind the zoning of ordi- nances of many other localities of this type, is tliat when they require that there be a certain nininum amount of cubic content in a house, which as a natter of fact in this case is determined by computing the cubic content of houses within a radiixs of A00 feet �of the house ano. then say you nasi; Iiavo §5$ of that* tho reason for such a requirement in not that they're trying to control tho cost of the Louse* hut thoy arc trying to control the outside visual appearance of the house. In other words $ in an area whoro yon have liouses of 30^ 40* 05Q5QOO* and above^ if ^ou prevent houses containing very small cubic content being built, you will keep the area up in appearance and in about the sane state as it is now. So that actually what 1 believe this ordinance is trying to accomplish is to control that r>or*tion of the house which is visible* As a matter of fact^ you could construct a so-called cellar and you could go down, a hundred feet. a hundred thousand It could cost you dollars and you could put 85 rooms in there. That would not in anyway meet the requirements of tliis Soiling Ordinance which I believe ea3.1s for a visual cubic content * How as far as the definition of cellar is concerned which if you note in the Zoning Ordinance, as Mr, Zingaro lias pointed out, a cellar is specifically excluded when you compute tho cube of the house, How the Building Code of Horth Tarrytown contains no definition of a cellarj nor does the Zoning Ordinance, However;. the Zoning Ordinance does iaake the statement tliat a cube sliali be determined in accordance with accepted areliitoctural or engineering practice. How the State Building Code of the State of Hew York* which is not in effect in Horth Tarrytown., and the 1-Iultiple Dwelling Law of the State of New York as-well as most handbooks put out by the American Institute of Architects contain this definition of a collar. "That space of a building that is partly or entirely below grade which lias noro than half of its height measured froa floor to ceiling below the average established curblevel or finished grade n of the ground adjoining the building. �How one of the things that creates a certain amount of difficulty hero is the advent of the oo-calloJ. split-lovcl typo of house. Most of us have the traditional cone opt of a house containing two or >naybo three stories with a collar bolow it which collar can either he all or partially below grader However, wliat happens in a split—lwe3. house^ of which this is one,, is that what would, ordinarily bo the firrt two floors of the house in offoot are nade into three levels5 GO that when you walk in the front coo?: you go down a short flight of stops to get to this finished play room or bedroom as it may be. If you go straight ahead., you are in the kitchen or the living room. If you walk up a short flight of stepsP you have three or four whatever it nay bc^ bedrooms, on the upper floors How if we can accept for a moment this definition of a cellar., which more or less is about the same definition that l-lrZingaro presented to you for a consideration., two tilings become evident immediately* In the first place*, the floor of this room is actually throe feet above the curb-level. The floor is three feet above the curb-level. That is one of the tests which is set out in the definition as to whether you liavo a cellar or you don't have a cellar, The other test* and I think the more important test, is the question as to whether that space t m t is partly or entirely below grade is more than half of the height of the room measured from the floor to the ceiling. How in this particu-( lar case by actual measurement at no point, at no point in that entire roosi is it more than 32$ below grade, and the average part of that room* the average of that room is loss than 250 below grade, how tills is a picture taken fron the front of the house winch I think demonstrates that the house is above street level. This is a picture which shows how that room looks after it wilJ. be -9- - . - " -- ; �complete*?.-- Trmt picture is tsken .in an identical room in a house on 59 H^irdoev Drive in which the plans, as -far as that room are eoncerned^ are identical with these plans, This is also another view of that seine house taken from tho outside of it, showing the outside appearance of that particular den or room. And this last picture is a picture of the actual house under consideration showing the finished family room or den fruin the outside and showing that there is a door in it v/hlch looks directly out onto the level of the ground* 13ow taken to any of these particular tests which we have discussed and considering the actual measurements of the rooms in question^ the actual amount of cube content \.hich it contain sP the fact that at least 63$ of the room at the sma!3.est point is above the grade and at the average point more than 75% of the room is above grade.. I really don't think that there could bo much question that this particular -room can ]}.3 called a cellar* $o?/ there is lust one more point that I*d like to raise* It is extremely difficult, if not a little luifair,, to view o. building in the' course of construction and try to visualise how that building will look at the time that it*s completed. $ow as a matter of fact, in constructing any building you must change the grade or contour of the lot upon which you are building it. Xou mi^ht go out there today and look at this building r/hieh has all types of mounds of earth around it and all the rest of it. That is not .&t all the way it will look at the time that the building is finished. As far as the point about the building in question violating that provision of the Zoning Ordinance which provides for a r^ar yard, by no stretch of the imagination is the grading of this particular lot finished at the present time* Nobody can £o out tnere and �c^box^um t.'hothsr or rot thare lis a roar yard of rmfficient size or not,. That oxa only bo dene at the time that the building is finished ana th# grading and landscaping of the particular1 plot lei finished- It would be impossible 1 think fore this Board to go out there and look at it and determine that at the present timeo Thfct'i one of the reasons* as a matter of fact, why there Is s. distinction between issuing a building permit and issuing a final certificate of occupancy at the time the house io finished* The building per-* mit is issued strictly based upon the plans as they are filed which assuming they comply with the sonlng ordinances and the building code a building permit.is issued, Aft0:0 the house has been com* pleted. before anyone can live in that house the building inspector of the village must issue a certificate of occupancy. If at that time when the building has been completely finished and it should be determined that for some reason on another it violated the zoning ordinances? then certainly that would he the pi?opes? remod^r at that tine to refuse to issue a certificate of occupancy* But as far as the question e.s to whether it has a 3?3aft* yard or not5 I don!t think in all fairness that that question could possibly be determined while the house is in the course of construction* SIR* CUMINGSJ MR, SHIMBER0S jid like to ask tt question* Yes. sir* MR* CTJ|.iI,!XSSS: In your layout theres have you provided for an adequate rear yard? MR* SHIMBERG: I prefer-, EIr« Cummings, to have Mr* Lymont who is the builder answer that Guestion, _if it*s all right with you* sir-* -> MR« CUMIIINGS: All righto �.A T £B* LMOJITs :lji T-vevgret a M^nor* yes. My name is Charles Lament* I'm a builder The enswer of that question is positively Mr. Shimberg pointed, out so ahly^ I feel, that until sueh time as weather permits and grading can be done? it would be impossible for an average person who is not trained along those lines to visualise what is going to happen to that grade. But 1 positively know that the building m6. the vee/c yard will definitely complyj with all the zoning requirements. MH, GUMMIHGSs It could be determined with surveying instruments though at the present time? MR* LAMO$T: To some degree, yeSc On the other hasd, there are different methods of landscaping a site* that XIBB The plot plan submitted will show it, The foundation survey of the plot plan will show it. We unfortunately slipped up on that. The copy v?as left in the office^ but that can be presented at anytime o MR.*LOPAKOs What i s t h e d i s t a n c e from t h e f o u n d a t i o n of t h e b u i l d i n g t o t h e r e a r p r o p e r t y l i n o ? MR. MMOHTa I t h i n k a couple of minutes of quick con>* p u t a t i o n w i l l g i v e i t t o me, MR, OmmaSt Go r i g h t ahead. (Photos r e c e i v e d aiid marked Evei'green Ma:io:e*s E x h i b i t s Bj> C» D and £») Z5R, ZIHGAROs Mr. Cusrsings^ I j u s t v7ant t o Bay a few other- t h i n g s . M?v, CUMMII'JGSs J u s t one moment p l e a s e . MR. SHJMBEEGs Uv« Chairman,* do 7012 have a eor>v of t h e • f i l e ^Isrns h e r e ? iiSS* 1 ! ' • • - i j ' « 5 t s - " ( .. ' �MR. CUMMBIGSs MR. LAMO&Ts Right here. Mr. Chairman, I'd say about twice as much as the required amount? Tho required amount based upon the depth of 14,7 feet is about 25 feet* Just visually looking at the survey, we have about 50 feet from that point. The building is 40* Eighty *?±11 put you out there* We* 11 have about twice as much as required, over that. That survey is certified hy Engineer Ward Carpenter from V/hite Plains* MR* SHIMBEBfi: Mr. Chairman? MR, COM&IHGS2 Mr. Shiwberg. MR, SHIMBERG: I would like to get some indication of ho?? the Building Department of the village feels about this particular question as to whether the building inspector or other officials that v;ere appointed by the village outside of this Board, which is really a Board of Appeals, whether they feel that there has been a violation here or not. I mean? in other words, the survey and the plans were submitted, and a building permit was issued baeed on those plans which 1 believe that the average person would be fully justified in relying on that and. expending a considerable sure of money in the construction of a house such as this. MB* GDmiXmSi Any question, $eil? MR* G0LL0GLS: I had in roind to ask the builder -/here era the heating plant and utilities located in relation to this play rooa or bedroom in the basement? ME* LAMOHT; ^he plans will show. Generally speaking, just to the north of the family room at a lower level, in a pit. MR. GOLLGGLY: Is that a lower level? MR« LAMOriT; Xes, sir5 lower hy two feet approximately. 1 .7 - ^:^^ijki.-i^-l^^-^^i'^^^^"^*^^^^* �MR, CmiMXESS: m* Zirigasro? MR* ZT.IIKrAROs T©3O There has been some talk here about this space behind the garage being above curb-level, First ^3 must find out what or where the curb-level is before we can determine whether it1 a above or belom Now we have had our planss those plans rather? checked by expes*tsf and the oubic rootage vihich I have refeared to you in my brief which 1*11 leave with you is a total amount of cubic fcotege which this building has, Nov; 1 think that this Board should check those plans, compute the cubic footages go up on the scene and look at the situation* because as Mr* L&iuont .lust said, his lot is 147 feet deep, According to that, hi3 rear yard muot be 29-J foot, not 85 as he saids I.!Ra liAMOWSz ApproximateXy I said* Appro.?!Mately t7?ice 9.s much as retsuis?G&e MR. LOPANOj He claims to have, left 50 feet back there^ &oesnft he? MR, LAMO&Ts H?, Chairman^ m a f ' I say— MR* CUMMXNGS: Y e s , t h a t ' s r i g h t MR* LAM0S5?: c —»\7ith r e s p e c t - t o a v i s i t t o t h e s i t e la c o n n e c t i o n w i t h t h e measurement of t h o r e a r yard* v e r y f r a n k l y no one ? i n c l u d i n g I aa a b u i l d e r , o r any one el?3e could p o s s i b l y measura a r e a r yard w i t h o u t a survey© The s u r v e y which has b e e n s u b m i t t e d a l o n g w i t h t h e p l a n s n o t only shows t h e e x a c t a i s e of t h e l o t , b u t i t shows e x a c t l y t h e r e l a t i o n s h i p of t h e b u i l d i n g on t h e l o t v;ith r e s p e c t t o s i d e - l i n e r e s t r i c t i o n s f front-line requirements^ t h e d e p t h and wldb'n of t h e b u i l d i n g 9 and t h e remaining p o r t i o n showing t h e r e a r yard* Nov? I s a y t h a t and a d v i s e t h a t no one could p o s s i b l y go up t h e r e ?iith a rules? and m e a s u r e , •14- These t h i n g s a r e �calculated, with instrumentso The only way to check i t would be t o eay ,tnis i s the survey c e r t i f i e d by an engineer. Carpenter a c e r t i f i e d competent engineer? Kow i s Ward Th<3y*ve been in b u s i - n e s s for God knows how many y e a r s and recognized throughout tha county as one of the b e s t surveyors in the b u s i n e s s . Any s u r - vey or check of t h i s p a r t i c u l a r survey by Mr- Newman of V/ard C a r p e n t e r ' s firm w i l l come out i d e n t i c a l l y with h i s . I t has t o . Based upon t h i s * the T i t l e Guarantee and Trust Company has given us a building .loan* MB* CUMMXNGSs There has been no question about t h e survey as a survey, Mr. Lamont, The only q u e s t i o n , a statement has been made t h a t the b u i l d i n g i s not in p o s i t i o n , and t h a t 1 s " i t She question about a survey wouldn't even be raised* Are t h e r e any other— MR. LAWLER: I ' d l i k e t o r a i s e one question. My name i s T. Newman Lawler, 54 Hemlock Dr.ive, Berth Tarry town, Mew York. 1 understand t h a t Mr. Lament has submitted p i c t u r e s of 59 Hemlock Drive, This s e t of plans t h a t have ^een devised are about as s k i l l - ful an evasion and mockery of t h i s zoning s t a t u t e . Xou have t h i s "room of h a l f f i s h , h a l f fowl which i s laughingly c a l l e d a family room. I t ? s a l l r i g h t and he probably can get away with i t * On the l o t , i t slopes downward, and I want to p o i n t out sharply t h a t the photographs before you of 59 Hemlock Drive a r e t h e ones where t h e ground goes t h a t way, n o t up* level, I think those v i o l a t e the c u r b - X think i f t h e y 5 r e properly measured, you w i l l find t h a t more than 50;! of t h a t room i s below c u r b - l e v e l . But a l l I want you gentlemen to do i s go up and take a look a t t h i s monstrosity t h a t ' s being e r e c t e d . Lir. Lament cheerfully oroisises t h a t h e ' l l �h?/ve a roar yard of 50 feet. It v/ill take ail the earth-moving machinery in Westchester County to get hi?& a rear yard of 50 feet, and he can't get it in there, He*s trespassed on other people's property^ hacked dovm tve>-g that don*t belong to him; and he's got the damndest mud hole that was ever designed. All I request is that you gentlemen go up and take a look at this thing, MR* JOBS SON: Mr, Chairman <> my name is Roy Johnson. I'm the architect for these houses. I*ve heen around for a long time in Westchester County $ and 1 think I know precisely the problems and perhaps the scope of building departments and Board of Trustees* I worked on a committee that works for zoning boards. I worked on a board of architect review which has to do with the approval of plans. I think that the thing gets a little bit off base here when someone talks about monstrosities. Tn this particular case^. I dre?/ a set of plans which the builder properly submitted to the duly authorized Building Department of the Village of Kortii Tarrytovvii* Bow you people yourselves may find certain faults with the building department. 2ou may find certain faults with the way your procedures are for building. The fact of the matter is that 1 as an architect working with, the builder can oaly work according to the laws of your particular municipality rhieh is incorporated under the laws of the State of $ew York. These plans were submitted duly. They were approved by your building department. They •r/ere approved 1 think in this particular case by an architect ?/ho represented a community group who has at stakej at least I believe they have at stake«> a certain responsibility to keep the size of houses to a certain level., and ?,re!re not talking any more about whether houses are satisfactory to a particular person or not. �I*m t a k i n g about public safety* es riied with j.yu'blie s a f e t y . The building lav/s a r e only con- I s a house safe? And in t h i s p a r t i c u - l a r oase 5 i s i t Dig? The b u i l d e r in t h i s case submitted h i s plans and got an approval* I f i n f u t u r e p l a n s , i f you as a Board of t r u s t e e s wish to point out t h a t the requirements might be lengthened and t h a t he should make l a r g e r houses, t h a t you ?iiil or w i l l not approve of what a s p l i t - l e v e l house gives as a d d i t i o n a l spa$$, this* of course* i s always your pr.iv5.lege* But meantime you have approved h i s p l a n s , and 1 can*t q u i t e understand t h e business of trying to take away something t h a t you have once given t o a b u i l d e r , MR, COMISGS: MR* MMOKTs I s t h e r e any other person? Mr. Chairman* may I answer t h e gentleman b e - hind me in connection with the photographs? We have sub-nit-ted tv/o s e t s * one of t h e house in question and one of a f i n i s h e d house a t 59 Hemlock Drive vfeich was our aodel* set* I*d l i k e t o c l a r i f y t h a t . We did not submit only one Both s e t s of p r i n t s have been sub- mitted t o the Board in esspianaticn of which i s the house :Uii quest i o n , I b e l i e v e was made by Mr, Shiraberg. Has t h e r e been any doubt in your minds, gentlemen, as to which i s the house w e ' r e speaking of i n connection with t h e photographs? Xfd l i k e t o c l e a r t h a t up. I &on*t want to r e p r e s e n t t h a t I ' m giving you a d i f f e r e n t house* I only submitted the o t h e r s e t of photographs to show what the f i n ished thing might look l i k e , MR* CUMLalRGS; You've submitted four photographs h e r e , one a finished room t h a t ' s a t 59 --&& the o t h e r a t 54J £s thatcorrect? MR„ LPMQ&Tt T h a t ' s c o r r e c t . As f a r as t h e question of �p e r s o n a l i t i e s end "That c o n s t i t u t e s a monstrosity and one opinion n g a l n s t someone elBej blondes, b r u n e t t e s j big houses, small houses; Buiek cars and a l l o t h s r s o r t s of things t h a t we a l l have t h e p r i v i l e g e to t h i s date of saying, 1 l i k e t h i s and I d o n ' t l i k e this. On the other head., i f yon f e e l v i c e versa, fine for . you. T'hat 1 f e e l i s becoming too personal when you say 1 d o n ' t l i k e the house| t h e r e f o r e , I don't" think i t should be t h e r e . MR. LAVZLIBR: Perhaps X outraged my friends h e r e by c a l l ing the house a monstrosity. feelings. 1 had no i n t e n t i o n of h u r t i n g t h e i r The only thing I do maintain i s t h a t a proper dissemi- nation of the c u r b - l e v e l on most of these houses being e r e c t e d up t h e r e w i l l d i s c l o s e t h a t t h i s s o - c a l l e d family room i s a c e l l a r and not p a r t of the dwelling space. MR, J0E8S08: Mr. Chairman, t h e r e i s one thing Tid l i k e t o c l a r i f y about c u r b - l e v e l , The topography of Sorth Tarrytown being T/hat i t i s as i t i s in many cases in Westchester County* I a s s u r e you, you ??ill find zonings t h a t overlook the Hudson River in which a house might properly be placed ten f e e t above t h e curb** j.evel and s t i l l be a good house. involved h e r e . Curb-level i s p a r t of the t h i n g s There a r e t h e s e d e f i n i t i o n s of c e l l a r f o r i n s t a n c e . The c e l l a r , f o r i n s t a n c e , a basement. XOT3 grade. tant, A c e l l a r i s a space 50% h e - As f a r as the b u s i n e s s of c u r b - l e v e l , i t * s not iHipor- I can take you t o any number of s i t e s in n o r t h Tarrytown or any p l a c e in Westchester Comity, My o?/n house happens t o b e , I l i v e in a house which i s 30 f e e t below c u r b - l e v e l . By t h e s e s t a n - dards h e r e , I am probably l i v i n g in a house v/hieh s h o u l d n ' t e x i s t according t o t h e standards ??hich are r a i s e d oy curb-levels* -13,s*^-*^iV.i*Ts^;i3t<iii=t^ it's �n o t important. County* This i s the n a t u r e of topography in Westchester I s or i s not the house within the s p i r i t of the Zoning Ordinance which you gentlemen have s e t up? t a n t tiling. This i s t h e impor- Curb-levels are not important, not in t h i s topography. In p o t a t o f i e l d s of Long Island* i t * s very important, n o t here* MR* CUMMTKGS: Mr. Zingaro. MR. ZB1GAB0: Mr. Gummings, I take i s s u e with Mr. J o h n s o n ' s statement t h a t c u r b - l e v e l has nothing to do T?ith i t . Curb-level i s the important and determining f a c t o r as t o whether or n o t t h i s room i s a c e l l a r * Otherwise, our Code wouldn*t men- t i o n c u r b - l e v e l even though if. d o e s n ' t specify what c u r b - l e v e l i s | and the Hew Vork S t a t e Code TZOUICL n o t mention c u r b - l e v e l i f they thought t h a t i t meant nothing^ and our laws would n o t mention c u r b - l e v e l i f they thought t h a t c u r b - l e v e l meant nothing* And 1 t a k e g r e a t i s s u e with Mr. Johnson in saying t h a t c u r b - l e v e l had nothing t o do with i t . X\SOT? I do want to say this.* t h a t our law i s s p e c i f i c and well-taken mien i t says t h a t any taxpayer may bring t h e m a t t e r before t h i s Zoning Board of Appeals, I s you know,, our f i r s t step i s to bring t h e m a t t e r before the Zoning Beard of Appeals, f o r i f t h a t were not t h e ease., we would have no r i g h t t o come i n t o Court5 or even the o t h e r side would have no r i g h t to go i n t o Court because t h e only way we can go i n t o Court ivS t o bring your d e c i sion up for c e r t i o r a r i . T h a t ' s why t h e law r e q u i r e s us t o come before t h e Zoning Board f i r s t . MR. JOHKSOH: Mr, Chairman, I h a t e to pursue t h e i s s u e h e r e , but on t h e b u s i n e s s of c e l l a r v e r s u s c u r b - l e v e l , again b e cause t h e Zoning Ordinance and t h e b u i l d i n g ordinance, Building u;cde and Ordinance of t h e T i l l a g e of Berth Isrryto-sn, have no l i s t �of definitions-j the reason t h a t we brought in the IIev/ £ork S t a t e Building Code i s because 311st g e n e r a l l y speaking the Hew 2ork S t a t e Building Code i s a companion of most building codes on d e f i n i t i o n B„ When i t comes to the d e f i n i t i o n of a c e l l a r - J. don*t t h i n k we should whip t h i s thing to the ground - 1 v?ould l i k e t o read again t h e d e f i n i t i o n of the Kew York S t a t e Building Code of a cellar. I t says, H 3?hat space of a b u i l d i n g t h a t i s p a r t l y or e n t i r e l y below grade which has more t h a s h a l f of i t s h e i g h t measured from f l o o r t o c e i l i n g below t h e average e s t a b l i s h e d curb* ieYel or f i n i s h e d grade of the ground adjoining the b u i l d i n g a« »**.»or f i n i s h e d grade of the ground adjoining the b u i l d i n g , R we a r e concerned here* You can have 50 a c r e s of ground and put a s i n g l e house on 50 a c r e s * Xou can r e f e r y o u r s e l f t o a curb, or you can r e f e r yourself to ?/hat i s c a l l e d here the f i n i s h e d grade of t h e ground adjoining the b u i l d i n g . Again, on a 50~acre piece of land you could have a c u r b - l e v e l o u t s i d e , and you could have a house 75 or a hundred f e e t below t h e c u r b - l e v e l , ?/e are con- cerned here with what i s t h i s b u i l d i n g to the grade around t h e house? Island, Eorth Tarry tomi again i s n o t a p o t a t o f i e l d i s Long I t has s e r i o u s d i f f i c u l t i e s i n grade v?hich a r e t y p i c a l t o Westchester County* tant. What t h e curb i s a t the s t r e e t i s unimpor- Even i f Mr. Lament could, prove t h a t h i s house 7/as. above the c u r b - l e v e l , t h e question i s 5 what i s t h i s house t o i t s oisn grade? MR« CUMiJXftGS: Bo you have any questions? Are t h e r e any o t h e r people or persons here who v/ish t o consent? MR* ZiaGARO: 1 %ant t o submit t h i s brief» Ida, GQlMJMGSz Surely. Sote the submission of a b r i e f �(Brief received and narked GTeller's Exhibit 8*) Ma. COffllKGS: Are there any more comments regarding the subject at hand? Mr. Lament, MR* LAMQ&T: Mr, Chairman, in connection with a trip at the site5 1 would be happy if* you gentlemen ?/oul& make a trip at your convenience to review the matter with the plans on the site after you have checked the cubical content primarily, because based upon every rule and every hook we have been able to find and manner by ^ M e h 1 computed the cube, my architect Mr. Johnson computed the cube., Mr, Cooly-, the architect representing the taxpayers* association5 and the building inspector, all of those four persons computed the cube individually following what v»"9 call accepted architectural and building practices^ aiod all of ns came up with plus or minus uithixi a few feet of the cube as indicated on those plans. I know that there are many cases where experts in any field differ completely. I say this is blue and heJ 1.1 say this is not blue* But here we have four so-called people within the field who have come up with the identical cube from architect to designer to builder to taxpayers* architect to building inspector. the building permit was issued* xhat is why How we find one expert - by which method he computed the cube I don't know - "Alio says, no., the cubs is not as you claim. I would be very h&ppy at anytime to meet with you gentlemen, take you to the site and show off the house as it exists and give you^ if T. can,, by sone description" what will occur as we progress with the construction and perhaps show you the finished house, whi.eh although I will admit the grade is-a reverse situation^ we'll give you an idea of the ultimate result mien we are through v/ith this site* �mu LOP/iSOs Mr, Layout? MRB LmmT; 5fes? MHo LGPA^Qs Are we to under stand t h a t the expert who computed t h e i r cube i s using a d i f f e r e n t system .from yours,, or do . T7S understand t h a t M s cube ;]nst e l i m i n a t e s the room In q u e s t i o n , or i s i t a combination MB* LAMOKT; of both? I would say, based upon the f i g u r e s t h a t xver© quoted hy Mr- Zingaro, t h e r e i s a combination of both* the A r c h i t e c t s Now I n s t i t u t e of America, which has a handbook, gives a method of computing t h e cube v/hieh almost everybody v?ho i s a c t i v e l y engaged in the f i e l d u s e s . T h a t ' s why Mr, Johnson, Mr. Lamont, Mr- Fitj?.patriek and Mr. Cooly came up with t h a t svme f i g u r e | said based upon t h e f i g u r e t h a t Mr, 2ingaro quoted^ 1 d o n ' t Imovi v/hat method he used, MR, CuMMlKGS; MR. LOPAMGt Any o t h e r questions? Could you offhancu or do you knc?/' what t h e cubic content of t h e room in question i s ? Whe.t I want t o g e t a t i s - MR* LMQIlTi The d i f f e r e n c e het?/een the two? MR, LOPAHO: Right, MR, LMOn?t 3.776. Mathematically t h a t might vary b e - tween two or t h r e e people by a very few cubic- f e e t , but t h a t ? s about a l l * That i s the room in q u e s t i o n , not the c e l l a r , wMchj, gentlemen, i f X say say., an i n s p e c t i o n t o the s i t e w i l l t e l l v i s u a l l y by cye9 ?/itheut e n g i n e e r s , surveyors or what have you, t h a t t h e l e v e l of t h i s thing i s approximately t h r e e feet, ~by eye t h a t i s , above t h e grade d i r e c t l y in f r o n t of t h a t room, of t h e curb-level* Very l o g i c a l l y , t h e reason 1 b e l i e v e t h a t they say in t h i s handbook o r in a l l of t h e s e d e f i n i t i o n s t h a t we f i n d , R or,M- they say, �" c u r b - l e v e l or R the surrounding grade i s t h a t t h e r e are many slopes in which the curb could be here and go l i k e t h i s ( i n d i c a t i n g wavy motion)« Put the house dovm t h e r e , you are way below t h e curb, but you found yourself s b e a u t i f u l spot t o b u i l d , perhaps by t r e e s o r what have you. But if" t h a t p o r t i o n of the room i s above the e x i s t - ing grade, you are n o t in v i o l a t i o n * I f t h a t were t h e case, many many houses, thousands of them perhaps throughout t h e county, many of them in Worth Tarry toisn, would be in complete v i o i a t i n i f t h a t i n t e r p r e t a t i o n i s ever placed on the placement of c u r b - l e v e l . £hat i s why the a l t e r n a t e i s given, t h a t the surrounding "grade must have some r e l a t i o n s h i p to any room, MR. COMINGS; Are t h e r e any more comments? Have yon any questions., Neil? MR. GOLLOGLX; T T/OUICI move t h a t we study t h e plans more, t h a t we go on the s i t e and take with us our competent v i l l a g e engineer to verify the measurements on the plan and t h e p l o t p l a n , and give our decision from there* MR. LOPANO: I second the motion. MR, COMMIKGS: All those in favor signify hy aye* UNANIMOUS: Aye. MR, CUi&SINGS: The motion is carried, How as a matter of information and pai't of the record of the meeting tonight, this marked set of plans here will be included. It may be necessary at times during our consideration of this to call upon the interested parties to explain some part of their stand or verify some of their statements here this evening and 7/e will do that at your convenience| and there will without question probably be an insnection of the tiob site on a weekend or a business or executive -23- MHTl �meeting here in the evening We'll take the matter under Considera- tion and keep the interested parties advised of the progress and BIBQ the results, MR. SHlMBEEGt XJd like to make one point, Mr, Chairman* I know that you'll probably do it anyway, but 1*11 ask you to use e-s-ery endeavor to come to a speedy determination of this matter one way or another, Jt*s not so much, as a matter of fact, because of the interest of Mr* Lament5 more from the point of view of the interest of the parties who hope and intend to move into this house and have made their plans based upon a esrtain date. Therefore,, the only people that would really be inconvenienced by a lengthy determination of this thing would be really two innocent parties here r.nc are not really involved in it one Fay or another-, but who hope to make that their home, MR* COMFOTGS: May 1 ask what that date -is? MR* It*s rather flexible now, somewhere about LMOHGJ June 1stj depending upon sale of their present house. MR, COMBINGS: Any other comments? I'll 'declare/the meeting adjourned for further consideration, •K- * s- Certified to be a true and correct transcript of minutes of-the hearing in the matter of complaint of L M. Greller against Evergreen Manor, Inc., Horita "Rico, C/^.S. � 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-1955 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_1955-02-14 Subject The topic of the resource Zoning Board Minutes & Resolutions-1955 Date A point or period of time associated with an event in the lifecycle of the resource 1955 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/6ddb84e55a087619e02641a72dc46722.pdf 78714945e26f4d23839d7f95b481f8fa PDF Text Text n WMTH TARIOTOWH, N,Y« -March 8 P 1955 The Zoning Board of Appeals of the Village o.f Horth Tarrytown, KoY»p held a meeting on the above date to consider? the application of Mr, George Angevine of 11? New Broadway, for a variance to extend his garage three ieetc Present? Edward B# Cummings, Ohairman David Page Neil Gollogly George N» Lopano jybaent. Edward Koval Chairman Cummings,called the meeting to order at 8*05 P»M« after which he read the notice of hearings Mr* George Angevine 2i*», appearing in behalf of hie father, commented that the notice was'worded wrong* He otated that the garage was to be extended three feet but not within the front line* The garage faces Van Ripper Avenue and not Hew Broadway said Mr* Angevine* After a short discussion, Mr* Page moved, seconded by Mr. Lopano, that permission be granted to Mr* Ahg@vj.ne to extend hie garage three feet in front thereof, facing Van Ripper Avenue,, Carried, There being no further business to come before the Board, Chairman Cumminge declared that the meeting be adjourned. Respectfully submitted, J2Jb+*«*~«^^ ^£i Pilomena Fallaoe.ro Clerk � 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-1955 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_1955-03-08 Subject The topic of the resource Zoning Board Minutes & Resolutions-1955 Date A point or period of time associated with an event in the lifecycle of the resource 1955 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/b5a19f23bbab51bc28624b421f3e5380.pdf 0efb6e350258f9ef07fa3dc81eab4d45 PDF Text Text \Z Hlfi^fiJiSARlNg NORTH TAHftYTOWN, N.Y. April 25, 1955 A Public Pleading was held hy the Zoning Board of Appeals of the Village of North Tarrytown, N.Y, on the application of John E* Foley and Myra B. Foley for a variance in side yard restrictions* E£gfi§s£ iU^Jint. Edward B„ Cummings, Chairman David Page Neil Gollogly Rutherford Stinard " Edward Koval Chairman Coamings called the meeting to order at 8;10 and read the Notice of Hearing* Mr* William Casey, attorney for Mr. and Mrs. Foley stated that there are two separate buildings on one parcel of land owned by a common owner for more than 35 years and that.it is now necessary that the. present owner disposes of the property* The owner cannot sell; both houses to one purchaser and so is selling one house to a Mr* John Koeka (house #13) and house #15 to Mr. Walter Maecabee. Sftie distance t>e%*?gen the two houses le 2»80 fto and side line restrictions, according to the Zoning Ordinance, is three feet* he said* Mr* C^sey stated that the owners would like to divide, the parcels so that the line goes'up through the center thereby making the side line 1*40 ft* on each pareel» He also stated that there would be no changes in the structure and by granting this variance, the Zoning Code would not be endangered* There being no further comment on:the matter, Mr0 Gollogly moved that the variance be granted.to John and Myra Foley according to petition and plans submitted, seconded by Mr, Page. Carried* There being no further business to come before the Board, Chairman Cusmings declared that the meeting be adjourned. Respectfully submitted, Filomena Fallacaro Clerk � 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-1955 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_1955-04-25 Subject The topic of the resource Zoning Board Minutes & Resolutions-1955 Date A point or period of time associated with an event in the lifecycle of the resource 1955 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/240694d2d49617178eac71bdce600d23.pdf c622e2b6c570c23dc25bd892c2586b88 PDF Text Text HORTH-TARRXTOWN, N.X» April 27, 1955 A Public Hearing was held by the Zoning Board of Appeals of the Village of North Tarry town, N«Y« on the application of Mr* William Onderdonk in a variance for rear line and side line restrictions* E£§L&§atL, « Edward B, Gumming;s, Chairman Neil Oollogly David Pag© Rutherford stihard Patrick Powers, Jr3, Counsel Chairman Ouramings called the meeting to order at StlQ P«M« and read notice of hearing, Mr, Onderdonk requested permission to "build an addition, not to exceed 12 feet "in width and 22 feet in depth to the east Bide of his garage zma that the easterly wall of the proposed addition would be not less than 4 feet from the easterly side line of his premises and the rear wall not less than 8 feet from the real* line* Mr* Gollogly inquired of Mr. Onderdonk the width of the garage upon completion• Mr* Onderdonk stated that it would be twelve feet wide or possibly leon* After a brief discussion* Mr* Stinard moved, seconded by Mr* G-oilegly that the applicant, Mr* William Onderdonk, be granted a variance from side ' "line and" rear-, yard restrictions* provided that a side area of at least four feet and a rear yard area of at least ten feet be maintained on the premises in question* "CARRIED UNANIMOUSLY11 There being no further business to come before the Board, Chairman Cutnmlngs declared that, the meeting be adjourn ecu. Respectfully submitted^ Filomena Fallacaro Clerk.' �ZONING BOARD OP APPFALS VILLAGE OF NORTH TARRyW-'N »i* mv W* •*> MP MB -S» «• *« •• •* «H W «tf MB I n t h e M a t t e r of Complaint of «M M0 X : I . M. GRELLKR, Complainant, : -against- : FVFRGP*^ 3IANOR, I N C . , : Respondent* „„ „ „ : „ X N o r t h T a r r y t o w n , N . Y . , A p r i l 2 1 , 1955 B^FORF; FDV:ARD B. CTM^TNGS, Chairman, and Patrick J, Powers, Village Attorney, Advisory - Membprs of Zoning Board of Appeals: RUTHERFORD L. STFVARD NEIL GOLLOGLY DAVID PAGF APPFARANCFS ANGFLO F. ZTTCGARO,- FSq. Attorney for Complainant 17 North Broadway Tarrytown, New York JAMFS H. SHIMBFRG, FSO. Attorney for Respondent 565 Fifth Avenue New York, New York �MR. CUMMINGS: The meeting w i l l come bo o r d e r p l e a s e * This i s an informal meeting only and i t ' s f o r t h e main purpose of t h e enlightenment of t h e Board, v *e would l i k e t o p.et d e t a i l e d in- formation on how t h e c u b i c a l c o n t e n t of t h e s e houses was d e t e r m i n e d . The q u e s t i o n of i n t e r p r e t a t i o n of the code i s a f f e c t e d by sone d a t a which was s u b m i t t e d by t h e Taxpayers 1 A s s o c i a t i o n and our main p o i n t we'C l i k e t o know a t what p o i n t s would t h e c e i l ' r v ^ s h»iHats and f l o o r h ^ i ^ h t s , what p o i n t s . \vpw us^d and a l s o who t h e r the basements on t h e e x i s t i n g houses which would f a l l w i t h i n the same classification as a new house 9 whether t h o s e basements v/^re included in t h e c u b i c a l c o n t e n t of t h e e x i s t i n g houses as computed. *Tow we have some i n - formation from t h e T a x p a y e r s ' A s s o c i a t i o n , I b e l i e v e * he-e i s p r e s e n t . ?-'r. ffeath V.'ill you ^ive your name? MR, rJEATH: My name i s C u r t i s Heath. I am a member of the Zon'ncA c.: =/;i l.'toe of t h e Sleepy Hollo?/ Manor Taxpayers 1 Association. ,r *e p.Ou vour l e t t e r Mr. Chairman, i u s t v e s t e r d a v and we c o n t a c t e d Mr. Cooley t h e a r c h i t e c t who a s s i s t s us t o ask him whether he would be here and be a v a i l a b l e t o you gentlemen and. he t o l d us t h a t he had a p r e v i o u s ^ngap.ement t h a t he couldn*t b r e a k on such s h o r t n o t i c e . So he has p r e p a r e d some d a t a which ¥v, in a memorandum herei which MR. CU/iJujJCrS: MR. I-f^ATH: T 1,r Caleb C u r t i s has incorporated wll3 hand t o y o u . ould you c a r ? t o r e a d i t a l o u d ? Y e s , I mi«?ht say b e f o r e I r^ad t h i s t h a t f.ir. Zinrraro has c a l l e d my a t t e n t i o n t o an e r r o r which I b e l i e v e ^s an & rror- n ^ a r t h e bottom - l o t 7 , Block 3 . I t h i n k Mr. Cooley has t h e v/ronp: fi^ur^ 5 because -T have a p r e v i ous s t a t e m e n t s u b m i t t e d by Mr. Cooley which g i v e s t h a t f i g u r e d i f f e r e n t l y and when I read 5t off, T v a i l F a " a n o t h e r f i rp.r^ anc I am c u i t e s u r e t h e o t h ^ r f i g u r e �5a the correct one because we've had that house in question many times. The statement is as followst "The cube of existing and new houses is computed by multiplying the exterior dimensions of the building, in the horizontal r>lane, determining the area, multiplied by the height betreen the bottom of the sill plate and th^ ton of the ceilinn; joists. In short, the exterior dimensions of the construction envelope enclosing the livable epfi.-e multiplied provi de the cube, The original required cube was computed from actual measured dimensions of existing residences before new construction was actively started in the Manor, approximately July 1953, Eighty five percent of the average cube of the houses within a radius of 400 feet of the proposed new residence determined the required cube* The following tabulation illustrates the Drocedure for Block 7 Lot 18: Residence of Calculated Cube Mr. Vanderwater 16,850 Vente 231520 Mullis 27^877 Ode11 22,387 Niesse 17,922 Holt 19,899 Akin i 31,710 Collins 33,842 Bronson 21,732 Robinson 26,792 " Those ten houses total 242,531, and you divide that by ten and multiply by eighty five nercent and your result is 20,615. Then the memorandum mentions that two houses were built in the late summer of 1953 reducing the required cube to 20,245* Now that figure that I .just read does not reflect the mistake that I mentioned a minute ago. I v/ill try to do the mathematics again. The previous total of ten houses was 242,531. Then Block 7, Lot 3 rp which is Mr, Millar1s house, as corrected, that should be 24,597; Block 7, Lot 4 which is Mr. McCann's house 20,464, making a total �of 2~<5,818; divided by 12 and multiplied by eighty five percent reduces that figure that I mentioned before which is incorrect and he v/ill make the recalculation* "The house filed for Block 7, Lot IB, is computed as follows: Entrance and unper l^vel, 1,716 so. fe-ofc x 10 f which he computes as the height o ' that particular portion, eouals 17,160, Lower level, and I think by that he means the lower level room, 430 so, feet x 8,4, meaning the he1 ^ht eouals 3,6125 Total of 20,772, "The forewo*rig is information prepared by George H, Cooley, architect employed by the Association. CALEB CIIHTIS Buildinp. Committee Chairman Sleepy Hollow Taxpayers!Association I might make just one comment at this particular hearing, V'e v,lsh to be neutral for two reasons, one is that our committee having passed this house, we don't feel that we want to take a position of retracting, as being possibly unfair to the builder. On the other hand we don't want to take the position adverse to our residents, many of whom feel that this particular room should not be included in the cube. The second reason is that our position that we took originates from a meeting we had on a somewhat similar room two years ago. It was not on a peculiar lot of this kind, Tl'e felt at the timet that the question was nuite difficult and troublesome, "e had the napers of. an appeal of this Board all drawn up and v/e debated filing it. We ended ur» by not filing it. I'd like to point out that we are not experts in the building field. v 'e feel that this Board is probably In a better position to decide things of this kind than we have been. You have the benef5.t of two counsel having studied this particular nuestion in great detail, I know both of these counsel, one of them personally, and one by refutation and I am sure that they uill furnish you with really the results of �some r e a l l y hard work and c.ood t h i n k i n g on t h e t m e s t i o n and we f e e l t h a t whatever you decide w i l l be a good d e c i s i o n . tfay I f i p s t make t h i s recomputation so t h a t t h e f i g u r e s vi11 be c o r r e c t and hand t h i s t o you? MR, CURINGS: YRS, ^urp. Nov.- w i l l you answer i f you a r e a b l e , are any of th^sn ^x'st^np; h o u s e s , do t h e y hnvfi a basement a r e a or a volune 3* »•.-.* l a r t o t h e one under «uostjon and i f s o , w i l l you t e l l us? MR. RFATH: I am s u r e - we fcr5ed t o follow a c o n s i s t a n t r u l e in computing cubes of e x i s t i n g houses and computing cubes of new houses proposed t o be b u i l t , and Mr, Cooley has t o l d me t h a t wherever t h e r e a r e base??ient rooms - and he has by f o l l o w i n g t h e r u l e of I n c l u d i n g basement rooms where t<iey a r e more t h a n 50$ of ground l e v e l - where t h e r e a r e s i m i l a r rooms in e x i s t i n g houses he has i n c l u d e d them because he i n c l u d e s them on t h e new houses * Now I am n o t s u r e hoy; many of t h e s e e x i s t in??, houses have such basement rooms* I t h i n k Bob Akin has s t a t e d t h a t he has a f i n i s h e d basement room, and he does n o t know whether a t 's exactly comperable t o the room you have in q u e s t i o n or not* MR* CUM-TNfKj; n1he one c o n s t r u c t e d very f r a n k l y i s t h e one above t h i s h o u s e , f=*R. HFATH: I might say t h i s , t h i s committee may o u e s t i o n t o compute t h e cube of t h a t M i l l a r house i t s e l f * I say t h a t for t h i s r e a s o n , when Mr. Cooley computed t h i s cube which i s on hnve, i t was from the p l a n s ; and I did h e a r , t h a t when t h a t house was b u i l t , i t v;as or5f' t 1nall xr planned t o s i n k t h e house i n t o �the ground and when they got there, they found that there was so much rock that they had to build the house higher. Now that may make a difference. Now if we could help you by having Mr. Cooley come up and recompute that from the way it stands now, wefd b?5 glad to. On the other hand P Mr. Cooley has given his basis here and T think it would be fairly simple for one or more of you gentlemen to go there and do the cubing yourselves• "'e'll do whatever you want on that, MR. CUMMINGS: Well that would be up to the Board. Have you gentlemen any nuestions? MR. STFVARD: I have one ouestion. . MR. CURINGS: Go ahead, Mr. Stevard. MR. STEVARD: Mr. Heath, in cubing the house, did Mr. Cooley take into account how it was determ5ned which house was within the 400 feet radius? Mr, fTYxTH: You take from the center of the proposed residence and he computed from a map which is a photostat of the original map of the Manor filed over in the County Clerk1s Office in White Plains. There is a possibility of error, I suppose, in going from the map because the map doesn't show the precise location of the existing houses. On the other hand, there is a difficulty in doing it, at least in tiiis residence, by trying to measure by the terrain bfGause it's so much up and down hill. ,v e feel that doing it from that map, it is reasonably accurate, although there may in some instances be some debateable points. Very-often you get nuite close.to a house in striking ~6- �your radius on a man, MR. STFVAFD: The r e a s o n T ask^d t h a t , Mr. C h a i r m a n , i f T mif»;hfc p o i n t o u t a p o i n t , I ' m n o t t o o f a m i l i a r w h e t h e r t h e IRW say? Hie house I t s e l T 6v t h e ?/!F. PO,vERS: property, Houses, MR. STKVA^D: "Ti^ther it'1 s the house or whether th^ radius passes through the property? MR, POV^RS: Suppose we read the section,* MR, CUMMISGS: Y°s. - MR. POV'ERS: " 'Adjacent residence* means a buildSng located in a Residence 'A* district sjid used for resident5al purposest any part of which is located within a circle having a radius of 400 feet measured from the central point of the proposed new residence", MR. ST~VARD: In other words, it's the structure itself, not the property. MR. CUM^INGS : That! s riofnt * MR. l-OyT*?S: MR. CTM^INGS: Do you h a v e any q u e s t i o n s , N e i l ? MR. GOLLOC-LY: *To, n o t a t t h i s UP. CIIMT3GS: Dave? MR. PAG*7!: time. No, I h a v e n ' t r<ot a n y . MR. CUMIIINGS : h a v e any That's right. How a b o u t y o u , ?Ar. P o w e r s , do you nuestions? MR. PO-^RS: MR.- 3TFVAPB: by c o u n s e l ? No. May T have one more n u e s t i o n c l e a r e d �MR. Cmr-INGS: Go ahead. MR. ST^VAPD: Not knowing in this particular district when all these houses had permits issued for construction by the building department here, let us assume that the house in auestion or any house which may come up in the future? is started in a similar house, by another house within the 400 feet radius, hut which is not completed, does that house count within the cube in computing this for a permit in this new location; it affects this particular house; that's the po-*nt I'm asking. The plans would be on file* MR. FOV.-PS: That's correct. I would say that it would deal only with completed residences. MR. HF/VPH: May I comment on that? MR. PCV-VERS: Yes. MR. HFATH: I j u s t happened t o look a t t h e law, I d o n ' t want t o i n f r i n g e on your p e r o p j i t i v e s , but may I advance a view? MR. POVEFS: MR. H^ATrl: Go a h e a d . "Adjacent r e s i d e n c e " ho r e i s defined as a b u i l d i n g l o c a t e d i n a PesJdenee 'A' D i s t r i c t and U3ed for r e s i d e n t i a l p u r p o s e s . T4R. F0'""HS: if i t isn't I t c a n ' t be f o r r e s i d e n t i a l purposes completed: MR. ST^VA'B: MR. CrJfrf.fINCrS: ' " e l l t h a t ' s a f i n e p o i n t in law. Now Mr. Tamont would you care t o fdve �us a s t a t e m e n t i n t h i s nuestion? MR. LAMONT: Very b r i e f l y * I computed my cube in j u s t about t h e same f a s h i o n as Mr, Cooley; as w e l l a s Mr* Johnson, the Architect* I varied s l i g h t l y . by about 60 f e e t * I was a l i t t l e b i t h i g h e r Since T \va3 o v e r t h e r e o u i r e d cube, I didnft f o o l w i t h i t one way o r t h e o t h e r . v MR. CTM'^INfrS: "here did you o b t a i n your average c u b i c a l f i g u r e t o b a s e t h e s i z e of the house under q u e s t i o n ? MR, LAMONT: Frmm Mr. Cooley, MR. CURINGS: From Mr, Cooley? MR. LAMONT: From Mr. Cooley. MR. CTJMMINGS: MR. POY/ERS: Any q u e s t i o n s ? You used t h e i d e n t i c a l methods as used by t h e p r e v i o u s s p e a k e r i n i n d i c a t i n g t h e method of computing t h e cube? MR • • LATaOTCT: The only d i f f e r e n c e i s t h a t my hand book in so f a r a s the lower l e v e l \?as concerned, I used t h e f i g u r e 8.5 i n s t e a d of B . 4 , of four* I allowed s i x inches below i n s t e a d I t d i d n ' t mean t h a t much d i f f e r e n c e , .2 of a foot h a r d l y makes any d i f f e r e n c e a t a l l i n speaking of thousands of cubic feet. MR. POVFRS: And how did you f i g u r e t h e h e i g h t o f t h e room? MR. LAMONT: From t h e under s i d e of t h e s i l l — MR. POWEHS: Under s i d e of t h e ^m ** *• sill? �MR. LAMOKT: Fight, To t h e t o p of t h e c e i l i n g beam, I t ' s fi 2 x 8 f l o o r beam o r ^ o i s t p l u s two 2 x 6 ' s f o r a s i l l , 8 f e e t 6 i n c h e ^ i l i n ^ s p l u s 2 x 6 c e ^ l l n n ; beam, s q u a r e footagef 10 f e ^ t i n h e i g h t , MR. CUM ITOS; W e i l , any MB, OALLOGLY: Ho, I t h i n k t h a t I s t h e u s u a l method* MR. LAMONT: mentions? '"' , ) n * That is the u s u a l method. MR. CXJM.'"IWGS: Do you h a v e any o t h e r - v a e s t i o n s MR. PO,?:FRS? MR. PO,vKPS: No, MR. COAMINGS: MR. LAMONT: Mr, Lamont?" I m i g h t add t h a t t h a t method 5 s ' « i v o n i n a l m o s t a l l a r c h i t e c t u r a l hand b o o k s . I n t h e S t a t e B u i l d i n g Code a l m o s t t h e i d e n t i c a l method i s u s e d i n computing t h e c u b e . only difference of c o u r s e , i s what i s e x c l u d e d - t h a t ' s The the o n l y p o i n t - s u c h a s c e l l a r s , a t t i c s and p o r c h e s . MR. CUM&1IN03: MR. ZIMGARO: Mr. Zin.saro? I want t o a p o l o g i z e a t t h i s t i m e t h e a b s e n c e of Mr. O r e l l ^ r who i s i n F l o r i d a . for., I dlscovered that o n l y after- I r e c e i v e d t h e n o t i c e fv-om t h e Zonlnp; Board" t o appear at t h i s h e a r i n g . I immediately called h i s o f f i c e found o u t he was i n F l o r i d a . I t r i e d t o r<et from h i s and office t h e t e l e p h o n e number where h e c o u l d b e c o n t a c t e d , b u t no one t h e r e seemed t o know vine r e he i s . A p p a r e n t l y , h e d o e s n ' t want t o b»"* b o t h e r e d f o r a b o u t a month* _ He-was t h e o n l y man who c o u l d p r o d u c e t h e man who made h i s c a l c u l a t i o n s f o r hlrn, and n o t being �abl<? t o c o n t a c t Mr* O r e l l o r , T t h e r e f o r v;as unable t o c o n t a c t t h e man who made the c a l c u l a t i o n s . But I d o n ' t t h i n k w e ' r e concerned ho re w i t h t h e a c t u a l cube In t h i s b u i l d i n g ; w e ' r e j u s t arguing about what i t may be^ based on c e r t a i n submitted by Mr. Cooley* figures But I t h i n k Mr-, H e a t h ' s s u g g e s t i o n i s a very good one t o have Mr» Cooley go up t h e r e on t h e and t a k e t h e cube of t h e b u i l d i n g 93 i t MR, CUMfOTOS: field stands, T h a t ' s j u s t one £ That was r a i s e d by t h e Board, t h a t p a r t i c u l a r r e s i d e n c e . There may be o t h e r 3 , That v/as so obvious from l o o k i n g a t t h i s house f l o t 18 ^ t h a t t h e r e v/as a doubt i n our minds about t h e method of whether t h a t had been t a k e n i n t o c o n s i d e r a t i o n * MR. ZHJGARO: T a c c e p t e d t h e f i g u r e s s u b m i t t e d by Mr. Coolly, which were on f i l e h e r e in t h e V i l l a g e residence f o r t h e a d j o i n i n g houses w i t h i n a r a d i u s of 400 f e e t ; b u t vve had t h e cube of t h i s p a r t i c u l a r house on l o t 18 t a b u l a t e d , and t h e f i g u r e v;e got v/as much lower than t h e f i g u r e s u b m i t t e d by t h e builder, MR* CUM ;itfG-S: Does t h e Board have any q u e s t i o n s ? (Wo q u e s t i o n s ) MR. CUMKITTG3: •"-'hen would Mr, Cooley be a v a i l a b l e ? Does anyone have any i d e a when, Mr, Z i n g a r o , your Mr, G r e l l e r and h i s A r c h i t e c t and Mr, Cooley ?ould be a v a i l a b l e discussing t h i s for further? MR. ZTNGARO: Mr. teller. \ -11- -- ....... ./a*:. .. -•:- -4 �MR. CUfcMTNGS: MR. ZINGABO: MR, HEATH: Yea, and whatever A r c h i t e c t he h a d , I n about a month, O r d i n a r i l y Mr. Gooley would be a v a i l a b l e . MR. CURINGS: I understand t h a t , Tn o t h e r words i f arrangements were made f a r enough ahead, he v;ouid be a v a i l a b l e . Does t h e Board have any Questions? t h e s e gentlemen i f t h e r e MR. STKVARD: There i s no s e n s e i n h o l d i n g aren't, Why do we want Mr. Gooley t o refigure t h e same house t h a t he has a l r e a d y cubed? MR, CUM-aWS: To s e e whether or n o t i t ' s on t h e method of t a k i n g t h e basement a r e a s of a s i m i l a r t y p e as t h e house under q u e s t i o n c o n t a i n s , MR. STEVARD: D i d n ' t Mr, Gooley prove from t h e p l a n t h a t t h e cube was a c c e p t a b l e ? ?4R. EFATH: The nuest?on about recomputing came up on one h o u s ^ , namely, Mr. M i l l a r ' s house and I e x p l a i n e d t h a t t o my mind t h e r e i s a p o s s i b i l i t y , though I d o n ' t know how stronn; i t i s , t h a t t h e computation t h a t Mr. Gooley has f o r t h e cube of Mr. M i l l a r * s h o u s e , i t was made from t h e p l a n s as o r i g i n a l l y s u b m i t t e d ; may n o t conform w i t h t h e house t h a t ' s b u i l t because of the f a c t t h a t when t h e house was b u i l t , i t may have he.Gii moved u p , and not s e t i n t h e ground -suite so f a r as i t was shown by t h e o r i g i n a l , MR. STEVARD: plan. Mr. M i l l a r ' s house has been b u i l t how long? -12 �T t f s been b u i l t about, I d o n ' t know, MR. H^ATH: 1Q months perhaps, MR, cm r-7GS: One point i s t h a t t h i s house was cub^d from a s e t of plans only, not from an i n s p e c t i o n of the ground, so i t ' s p o s s i b l e t h a t the plans w i l l not r e f l e c t the physical elevation of the house I t s e l f , im. STWARD: s'ell i t ' s a check of t h e a c t u a l s i z e dimentions of. the house as against the submitted p l a n . MR. CmiltfOS: Y«s, and the elevation of t h e lower l e v e l , the lower p a r t , MR. RTSVAKD: I don't think Mr, Millar's house should have any bearing on the present house, MR. CUM?iItfGS: -MR. STrVARD: Well i t ' s within the 400 feet r a d i u s . Nov; t h i s house i s 90€ completed, 1 think we should forget Mr. M i l l a r ' s house i f i t ' s a few inches up or down, t h a t we c a n ' t recompute, the cuheage of t h i s house in question; I t h i n k we should forget Mr. M i l l a r ' s hous° and deal with t h e -luestion of t h i s p a r t i c u l a r house and t h i s question of 5Q:£ above grade or below grade. That has a beqr'nrr on the cube, not Mr, M i l l a r ' s house. MR. FCVr^HS: I t would have a bearing i n t h i s r e s p e c t , t h a t i f Mr. Mi l i a r ' s house, cubed as computed by fcr. Cooley, from the plans i s l a r g e r than they i n d i c a t e d on the p l a n s , i t i?ould t h e r e f o r e r a i s e the average of surrounding property. -13iiv*=rr*>5i*SS5S8^J^iA^^^S^^^^^*^«*fe- �r/!H. ST"VARD: v e i l we do know t h a t t h a t h a s been complied w i t h a l r e a d y . MR. CUMMINOS: No, t h a t ' s t h e p o S n t , we d o n ' t r e a l i z e what t h e cube o f Mr* M i l l a r ' s h o u s e i s * MR. H^ATKt 24597 MR, CTJMMINGS: Now t h e o u e a t i o n i s , does that f i g u r e i n c l u d e t h e basement a r e a o r does i t n o t ? MR, SHTHB^FG: Mr. C h a i r m a n , when Mr. H«ath r e a d t h e o r i g i n a l f i g u r e s which showed t h i s h o u s e a t 2 , 0 0 0 f e e t l ^ s s t h a n he now s t a t e s t h a t i t the figures - provided t h a t I'm right i s , i f you r e c o m p u t e on - i t makes a of l e s s t h a n 100 c u b i c f e e t i n t h e h o u s e * cubic difference Now I t h i n k that t h e p o s s i b i l i t y of e r r o r t h a t v / e ! r e t a l k i n g a b o u t , i s t h e p o s s i b i l i t y t h a t a basement 02" l o w e r l e v e l i n t h i s h o u s e . may n o t h a v e been t a k e n i n t o a c c o u n t a t t h e t i m e t h a t Mr* Gooley computed t h e c u b e , b e c a u s e i t may v a r y from t h e way t h e p l a n s were filed* ?4R. CTJMyiNGS: Yes, WR. STITMB^RG': Now even if this room in Question contained three or four thousand cubic feet, it ".-ould only raise the figure a hundred or two \zhGn you take the whole average and then take 85/' of it, so that the only ^point that I'm really concerned about h^re is this, that when we originally appeared befo:-e this Board - T think it was a little over two months af.o - I appreciate the Interest of -14- �the Board in wanting t o have a l l the facta at hand before i t conies t o a decision on t h i s m a t t e r , but we also a r e faced with an unfortunate s i t u a t i o n h^re where we hannen t o have a contract with c e r t a i n p a r t i e s t o s e l l them t h i s house which comes up a t a d e f i n i t e date; and although I don ! t want t o appear impatient or suggest t h a t a l l a v a i l a b l e information shouldn't be before the Board, X would .lust a p p r e c i a t e i t i f you took t h a t ^act i n t o consideration* I think the date fixed for the delivery of t i t l e in t h i s p a r t i c u l a r house. I believe i s th^ 1st of June, which'is now a date somewhat le3s than s i x weeks away; so t h a t i f some d r a s t i c changes should have t o be made 5.n t h i s house, somebody would be in nuite an embarrasing and d i f f i c u l t p o s i t i o n . I t would un- doubtedly be us • MR. CUMMIMGS: No ouest*on about i t . Has the Board any further comments or Questions? f:!R. ST~VARD: ouestion. I would l i £ e t o ask Mr, "Lamont one Tn the other hom^s up t h e r e t h a t you've constructed have yon computed s i m i l a r space as a p a r t of your acceptable cube? MR. LAMONT: Yes, s i r - every c a s e . The point 1%6 l i k e t o b r i n g out i s t h a t the "difference could be from one a r c h i t e c t or engineer t o a n o t h e r , j u s t a question of mathematical computations. 3 ? Does he use point tv?o or point The basic w-thod of cube computation i s laid cloven -15- �in hand book a f t e r hand book, Now if someone should decide he wanted t o be the kind of an expert to say Trm #oin<* t o be d i f f e r e n t than the r~st of the -.vorld, he would n a t u r a l l y come up with somewhat of a completely d i f f e r e n t figure, but I c a n ' t repeat t h i s too often, that the method I use and Cooley uses and Johnson us«s and the Buildi np, Department use8, are a l l in agreement. That's why I shudder when I think in terms of waiting for sane one t o come back in t h i r t y days or so with a house closing perhaps within s i x weeks, and I have d e l i b e r a t e l y slov/ed down a l l through the winter months doing as l i t t l e work as I possibly could, without losing my t r a d e s to produce the house slowly awaiting the decision of t h i s Board, I ' v e s t i l l got l o t s of vo rk ahead of m<* to complete; the s h e l l erected T.vhi ch i s the simplest p a r t of the house and the i n t e r i o r f i n i s h i n g s are the p a r t s t h a t count• MR. H^ATH: May I say something? take issue with Mr, Lam on t . would l i k e to say one tVdn.e;. I don't want t o I l i k e to be n e u t r a l , but I v hcm we o r i g i n a l l y s t a r t e d h/win^ thes» hous°s oub^d, ^ r , Coolev would use a d i f f e r e n t method which he said w&3 in accordance with a r c h i t e c t u r a l s t a n d a r d s , a permissible method under a r c h i t e c t u r a l s t a n d a r d s , and t h a t was not to do'unt the floor c o n s t r u c t i o n , t o count the upr>er top of the c^llinq; c o n s t r u c t i o n , but now I'm not sure which i t -.vas» You'didn't count both the cei liner -16- �c o n s t r u c t i o n and the f l o o r c o n s t r u c t i o n . Do you follov; what I ' m saying? WR. CtJiWlTGS: MR. H^ATH: Yes. The v/ay Mr. Cooley now does it, ho counts both5 and he does it uniformly for the existing houses and the new houses* How when he started out, he had an entirely different set of fip;ures for the existing houses, and also he computed new houses on that basis, and I think that my understanding from him is that either method is permissible under architectural standards. MR. CUMINGS: Mr. %?ngaro? MR. ZTMGA170: Mr, Chairman. I think the determination as to the exact cubeap;e of the Millar house would be important because assuming the Millar house contains six thousand more cubic feet than it actually does on the corrected calculation; then it v/ould brin.p; the present house under the cubic footage needed to build because of the houses within the area, within the immediate radius of 400 feet. It would brine* that house below the like aitiount of cub°. I think it is v^ry important. MR. CUM..TNGS: That will be determined mathematically viien the information is available, whbh Y/e hope to get very shortly. Any more questions or comment3? ( Ko answer ) MR. CTHnl^GS: The Board will adjourn the meeting no?; publ?cly and we * 11 ^o into an Executive session. 'Thank -T7- �you gentlemen for appearing t o n i g h t . -*'e w i l l get In touch with you very s h o r t l y , j»^ Certified to be a true and correct transcript of minutes of the hearing in the matter of complaint of !• M, Greller against Evergreen Manor, Inc. J^L£ a Rico, C.S."<R7 -13- � 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-1955 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_1955-04-27 Subject The topic of the resource Zoning Board Minutes & Resolutions-1955 Date A point or period of time associated with an event in the lifecycle of the resource 1955 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/53d5e347e24285135b393603413dcb37.pdf 4cb99c06dd3a8fca4fedf299da2e4c08 PDF Text Text i - * Mortli Tarry town, N.Y. June 22 3 1935 A special meeting of the Zoning Board of Appeals of the Village of North Tarrytown x-ma held on the above date, Present Nell Gollogly, Chairman John Kowalski Stephen Benedict David Page Patrick J* Powers, jr. Counsel John Scribano, Act. Bldg, Xnsp. n Absent Rutherford Stinard Chairman Gollogly called the meeting to order at 8:10 P.M. and stated that the purpose of the meeting was to discuss and study resoning of property east of the aqueduct which was referred to the Zoning Board of Appeals by the Board of Trustees. At this time. Chairman Gollogly welcomed two new members to the Zoning Board, Messrs, Bene&ict and Kcwalski and also expressed sympathy to the family of Mr. James Fitspatrick who passed away on June 21. A lengthy discussion then followed regarding re&oning the property east of the aqueduct and the majority of the members present were, in favor of the following: 1. Single family duelling 2. 10 ft. side lines, 30 ft, setback 3. Building lots 75 ft. in front, 100 ft. deep 4. Other requirements the sarue as Residence A District. It was agreed to hold a Public Hearing on June 30 5 1955- at 8 P.M., to obtain the sentiment of the public. There being no further business so come before the meeting OJ the same was duly adjourned. Respectfully submitted, AC^T^L^.K^L^ ^ "7 Filoraena Fallacaro Clerk. � 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-1955 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_1955-06-22 Subject The topic of the resource Zoning Board Minutes & Resolutions-1955 Date A point or period of time associated with an event in the lifecycle of the resource 1955 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/bbb743ddb0f50a4618fdf2284b5c8e41.pdf 96cb44518b4c28446a38499a34b13b22 PDF Text Text NORTH ThBRYmv®, June 28, 1955 PUBLIC HM&IHG *£££wcro£»u.s.*i=_* •v- t-.i^/J M.Y. > 7-- A Public Hearing was held before the Zoning Board of Appeals of the Village of Horth Tarrytown with regard to the resoning of propertv east of the aqueduct on the a-^ove date. Kafcl Collogly, Chairman John Kowalski David Page Present 'Patrick j\ Powers5 Jr., Counsel John Scribano, Aet, Bldg.Xnsp. Ahsent Stephen Benedict Eutkerford Stinard £-& Chairman Gollogly called the meeting to order at 8&1G P.M. and read the notice of hearing. Mr, Morris Slifkin. attorney for Mr. Robert Green9 "expressed the vies? that the proposed net? soiling *7cu?.d create a hardship on the owner as the terrain and rock excavation for one family dwellings would foe impractical and costly. Mr. Slifkin also stated tlist the srea which is already built \ip be let alone and apply the rescuing ordinance to the property "sliich is undeveloped. Mr. Robert Green inquired what benefit will'resoning be to the owxitro in that area. Mortis Tarry town is badly in need of cudLtiple v "dweli"ing houses5 esid Mr- Green. Counsel Powers stated that several residents thought it would be a residential aree.. Other residents end owners of property affected by th& rescuing9 £fe&&rs. Saulins John Biros (appearing in behalf of M s i3other)"M.J. Levy, Edward Conl^n^ Robert Green* Runso., Robert Ford," yo5.cedv:the±r disapproval on properties now vsssnfc/fmich' they hope to build scon and rer-onliig at this time would seriously affect the future. ApproKitnately twenty-residents appeared at this taseting and no one voiced approval on the proposed change in sening £S suggestede Chsirzsan Gollogly stated that preliminary meetings *illl be held by the Zoning Board ."before a recoo&endation is siade tc £k& Beard of Truatees. After r> di3enssion-s Mr. Pege sieved, seconded by Mr. K-sx^elski that the hearing be adjourned. _,? ^ A —.** , - - - l-K, i --S -_-V, £hi ^^l€5jsenaairal2^caro?^€ler^^i^ � 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-1955 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_1955-06-28 Subject The topic of the resource Zoning Board Minutes & Resolutions-1955 Date A point or period of time associated with an event in the lifecycle of the resource 1955 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/12ebb338238bbdcb30cdabd1e1f43fb3.pdf e716521c1cffc181b1e64b7b316eee3b PDF Text Text KQRTH TMSmTvIN, N,Y. July 1, 1955 A special meeting of the Soiling Board of Appeals of the Village of North Tarrytomi was held on the above date. Present Hell Gollogly. Chairman David Page John Kowalski «)&gggJ!L_ Rutherford Stinard Stephen Benedict Chairman GolXogly called the meeting to order at 5:30 P.M. Engineers report had been received along m t h plans and cubic measurements of all properties within 400 ft. radius of iioisse tinder question on Evergreen Way, Sleepy Hollow Manor. The plans and measurements were carefully studied and it was unanimously agreed that the house under quest ion exceeded the cubic measurssisnte required. Acting.Building Inspector 9 John Scrihano was duly notified of t-he Zoning Bearers decision. fcleii Goilogly Chairman Subject: Greller vs LaMonte \ � 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-1955 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_1955-07-01 Subject The topic of the resource Zoning Board Minutes & Resolutions-1955 Date A point or period of time associated with an event in the lifecycle of the resource 1955 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/4f64615b066c8e2dae29569224e00ef5.pdf f3c6d79cb07c901d8f5f35c287c8768d PDF Text Text > ^ NORTH TMRVTOWS, H,¥, J u l y 7 5 1955 A special meeting of the 2ozii«g Board of Appeals of the Village oi: North Tari'yto-vn was held on the above date. Chairman Gollogly sailed the meeting to order and stated that the purpose of. the meeting was to reach a final decision on the subject -resoning of property east of the aqueduct. Considering the result of the public hearing held on June 28th the members agreed to Inform the Board of Trustees that the question of recoiling required sosa revision, Neil Gollogly Chairman � 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-1955 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_1955-07-07 Subject The topic of the resource Zoning Board Minutes & Resolutions-1955 Date A point or period of time associated with an event in the lifecycle of the resource 1955 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/184385872105f32909eb54c185ddbc13.pdf cdca45ffdb7fcda8e0d47de435751aea PDF Text Text •2HDRTH TABR\'XOWH, $.Y. July 28 5 1955 A special meeting of the Zoning Board of Appeals of the Village of North Tarryto^n was held on th© abcr/e date. Present Neil Gollogly5 Chairman David Page John Kowalski Patrick J. Powers * JET, Counoel Gabriel P. Hayes, Mayor Stephen Benedict Rutherford Stioard Chairman Gollogiy welcomed a large number of residents present who had bean notified by letter that a farther discussion of the resonitig of properties east of tiis aqueduct would bs the bysinego of the evening. lifter & lengthy discussion in the opinion expressed by the majority all net* buildings shcald be restricted to one family dwellings. It was suggested that & 2oniog placing sspert be consulted to advise on the problems of rescuing. Thers being so further business to cotmsbsfor© the meeting9 Mr. Fsge moved, seconded by Mr. Kossalskl that ths seme be duly adjourned. Neil Gollogiy Chairman � 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-1955 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_1955-07-28 Subject The topic of the resource Zoning Board Minutes & Resolutions-1955 Date A point or period of time associated with an event in the lifecycle of the resource 1955 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/406dfd7bbdbf61de3898361bf995d92e.pdf 4088278385735bfeaa36156bfcb5bc33 PDF Text Text "^v^ HOETH TABRYTOWN* N.Y. October 26, 1955 £HSMSLiffil51!§. A public hearing was held by tha Zoning Board of Appeals of the Village of North TarrytGvrai, M.Y. 9 on the application of A, & S, Machine Tool Go, of Yonkers., Hew York, to operate a s&scMne shop in the Business District at 105 Cortlandt Street9 North Tarrytown, N*Y. Fregent " Weil Gollogly5 Chairman John Kowalski David Page Stephen Benedict Rutherford Sfcinard Patrick J. Powers, Jr. Counsel Ghairmsn Heil Gollogly opened the meeting at 8:05 P.M. end read the notice of application. Mr. Arthur T. Gornick^ Attorney, representing the A. & 8. Machine and Tool Company5 informed the Zoning Board of the type of business his client intended to conduct. TIi© ox-yners explained in detail the particular work to ba performed, number of people employed3 machines to be used, etc. A. Sadofsky, representing American Czechoslovak Realty Co.ft Cortl&ndt Street9 North Tarrytovm, New York, spoke in favor of the variance being granted. Questioning followed by the Zoning Board members. Rutherford Stinard xaoved the variance be granted and was seconded by Stephen Benedict. Motion was carried unanimously. Meeting adjourned at 3:55 P.M. Neil Gollogly Ch&irtsan &-*_ c Jdti^ � 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-1955 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_1955-10-26 Subject The topic of the resource Zoning Board Minutes & Resolutions-1955 Date A point or period of time associated with an event in the lifecycle of the resource 1955 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/c74cb45a2240b7ba9bf1088bb6c5aeef.pdf a01dd38fa3676ebec3a79497bfad2b23 PDF Text Text 22 December 1955 Mr. A* Connlck, Esq. 4 Lookout Place Ardsley, New York Dear Mr. Connick: • Please be advised that the:Zoning Board of Appeals of the Village o £ North Tarrytown has amended the variance previously granted to your clients, A. & S. Machine and Tool Company to include the premises known as 101*105 Cortlandt Street^ North Tarrytown, New York. This variance, of course, extend* only to the existing buildings on the premises, and the use for which the variance is granted cannot be extended without the consent of the Zoning Board of Appeals. Very truly yours, Filomens Fallacaro Clark � 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-1955 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_1955-12-22 Subject The topic of the resource Zoning Board Minutes & Resolutions-1955 Date A point or period of time associated with an event in the lifecycle of the resource 1955 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