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                  <text>Minutes of the Regular Meeting of the Zoning Board of
Appeals of the Village of North
Tarrytown, held at the Corporation Rooms in the Village of
North Tarrytown, N. Y. on the
20th day of May 1931•

presents
William C. Schmidt, Acting Chairman
John J. Mullon
David Page, Jr.
John J. Lofaro, Secretary
Percy C. Minnerly, Building Inspector.
Mi?. Schmidt called the meeting to order at 8:15 P.M.
The minutes of the Regular meeting of the Board held on
the 15th day of April, 1931, were read and approved.
The Building Inspector's report under date of April 27th,
1931, was read and placed on file.
Application of John J. Foley, dated April 16th, 1931, asking for permission to erect and addition to the present dairy
office located on premises No. 282 North Washington Street, was
read and acted upon by the Board.
Application of The Sleepy Hollow Manor, Inc. dated April
30, 1931 asking for a variation of the front line set hack of
dwelling erected on premises known as 50 Hemlock Drive was read
and acted upon by the Board.

A communication from the Sleepy

Hollow Manor Property Owners Association in reference to the
said setback variation sought by the Sleepy Hollow Manor, Inc.
was read and placed on file.
There being no opposition or objections in writing to the
above two applications and proof of publication of Notice of

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public Hearing having been produced, the following resolutions
were

unanimously adopted by the Board and the Secretary was

instructed to mail copies of said resolutions to the applicants.

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�RESOLUTION GRANTING PERMISSION TO

JOHN J. ifoLBtf Pok

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PREMISES '852 KoftTH W R ^ ^ W " ^ E E ? .
"WHEREAS, John J. Foley, is the owner of a dairy located
on premises owned by him, which premises are known as and by
the street No, 282 North Washington Street, North Tarrytown,
N. Y., and
"WHEREAS, the said dairy is located In Residence B district
Zone, and
"WHEREAS, the said dairy is permitted to exist in said
Residence B. District by reason of a non-conforming use, and
"WHEREAS, the said John J. Foley, obtained a building permit from Percy C. Minnerly, the Building Inspector of the Village of North Tarrytown, N. Y., for the erection of an addition
to the present dairy office on the premises above described on
or about the 14th day of April, 1931, and proceeded with the
construction of same, and
"teEREAS, after the granting of the said building permit
and before completion of the said addition, the said Percy C.
Minnerly notified the said John J. Foley, that the said building permit should not have been granted by him unless an
application for permission was made by the said John J. Foley
to the Zoning Board of Appeals to extend a non-conforming use
and said permission granted by said Board, and
"WHEREAS, on or about the 16th day of April, 1931, the said
John J. Foley made application in writing to this Board for
permission to erect an addition to the said present dairy office
on the above described premises, and
"WHEREAS, a Notice of Public Hearing was published in the
Official Newspaper of the Village of North Tarrytown, N. Y. to
wit- The Tarrytown Daily News, on May 11th, 1931, which Notice
is. herein set forth in full and made a part hereof
North Tarrytown, New York
NOTICE

OF

PUBLIC

HEARING

Notice Is hereby given that a PUBLIC HEARING will be held
in the Village Hall, No. 28 Beekman Avenue, North Tarrytown,
N. Y. at 8 P.M. on Wednesday evening, May 20th, 1931, for the
purpose of taking action and hearing any objections thereto
on the following:
1. Application of John J. Foley for permission to erect
an addition to the present dairy office on premises known as
282 North Washington Street, pursuant to Section 12, paragraph
h, subsection 1, of the Zoning Ordinance.

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2. Application of Sleepy Hollow Manor, Inc. for a
variation pursuant to Section 12, paragraph h, subsection 4
0f the Zoning Ordinance, of the front line setback of the
gliding erected on premises known as 50 Hemlock Drive, which
setback violates the requirements from 1.05 feet to 2.52 feet.
Dated: May 8th, 1931
JOHN J. LOPARO
Secretary Zoning Board of Appeals
Village of North Tarrytown, N. Y.
"NOW THEREFORE BE IT RESOLVED, that the request for permission to erect an addition to the present dairy office on
premises above described BE GRANTED upon the following jgrounds:
1. That there was no objection or opposition to the said
application by the neighboring property owners or any taxpayer
of the Village of North Tarrytown, N. Y.
2. That the said addition is of fireproof construction and is
setback well within the southerly side property line.
3, That the said addition to the present dairy office is beneficial to the appearances of the premises and does not detract
from the Residential character of the neighborhood."

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RESOLUTION GRANTING THE SLEEPY

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MINQRT I N C .

A VARiAflW

OF THE FRONT LINE SETBACK OP

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"WHEREAS, the Sleepy Hollow Manor, Inc. la the owner of
two story dwelling erected on premises known as and by the
street number 50 Hemlock Drive, North Tarrytown, N. Y., which
premises are also known as Lot 5 in Block 1-A, Section 11 on
the Assessment roll of the said Village of North Tarrytown,
and further designated as Lot 5 in Block 3 on "The Revised Map
of Sleepy Hollow Manor" filed in the Office of the Register of
Westchester County on June 23, 1930 as Map No, 3621, and
"WHEREAS, the said dwelling on the premises above described
sets back from the line of Hemlock Drive, 28.95 feet at Jits southeasterly corner and 27.48 feet at the southwesterly corner, and
"WHEREAS, the said setback of said dwelling violates the
provisions of Section 9 - Setback Building Lines-Residence A
Districts paragraph A, of the Zoning Ordinance of the Village of
North Tarrytown, N. Y., and
"WHEREAS, the said Sleepy Hollow Manor, Inc. on or about
the 30th day of April, 1931, made application in writing to this
Board for a variation, pursuant to Section 12, paragraph h, subsection 4 of the Zoning Ordinance, of the front line setback of
the said dwelling, which setback violates the requirements as above
alleged from 1.05 feet to 2.52 feet, and
"WHEREAS, a Notice of Public Hearing was published in the
Official newspaper of the Village of North Tarrytown, N. Y., to
wit, The Tarrytown Daily News, on May 11th, 1931, which notice
is herein set forth in full and made a part hereof
North Tarrytown, New York
NOTICE

OP

PUBLIC

HEARING

Notice is hereby given that a PUBLIC HEARING will be held
in the Village Hall, No, 28 Beekman Avenue, North Tarrytown,
N, Y. at 8 P.M. on Wednesday evening, May 20th, 1931, for the
purpose of taking action and hearing any objections thereto on
the following:
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1. Application of John J. Foley for permission to erect
an addition to present dairy office on premises known as 282
North Washington Street, pursuant to Section 12, paragraph h,
subsection 1, of the Zoning Ordinance.
2. Application of Sleepy Hollow Manor, Inc., for a variation, pursuant to Section 12, paragraph h, subsection 4 of the
Zoning Ordinance, of the front line setback of the building

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on premises known a3 50 Hemlock Drive, which setback
violates the requirements from 1*05 feet to 2.52 feet.
Dated:

May 8th, 1931

JOHN J. LOPARO
Secretary Zoning Board of Appeals
Village of North Tarrytown, N. Y.;and
"WHEREAS, on or about the 18th day of May, 1931, this Board
received a letter from certain property owners in Sleepy Hollow
Manor, which letter is herein set forth in full and made a part
hereof,
May 18th, 1931
Zoning Board of Appeals
Village of North Tarrytown, N. Y.
Gentlemen:
The undersigned, as property owners in Sleepy Hollow Manor
and as executive committee of the Sleepy Hollow Manor Property
Owners Association, are familiar with the petition submitted to
your Honorable Board by Sleepy Hollow Manor requesting a variation of the provisions of the Zoning Resolution with respect to
the front line setback requirements as qpplied to a stone dwelling, located at Hemlock Drive, North Tarrytown, on a plot designated on the map of Sleepy Hollow Manor as Lot 5 in Block 3.
Based upon the allegations and statements contained in said
application and upon the facts iurrounding this particular case,
we wish hereby to advise you that we do not object to the granting of the variation requested, it being understood however that
this action is based entirely upon the circumstances presented
in this particular case and shall in no way constitute a precedent applicable to any similar condition that may arise in the
future. It is also understood that on any question of variation,
interpretation, or enforcement of the Zoning Ordinance, the
undersigned property owners and as an association reserve the
right to present to your Honorable Board their decisions based
upon the immediate facts involved and without prejudice because
of any action previously taken upon a separate set of facts.
Very truly yours,
(signed) Guy M. Carleton
G. Strand
Stuart M. Frame
Nick V, Parrar

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�"HOW THEREFORE BE IT RESOLVED, that the request for a
in the setback requirement of the dwelling on premises
hereinbefore described BE GRANTED upon the following grounds:
ariation

i That the projection beyond the setback requirement varies
only from 1»05 feet to 2,52 feet, which projection is so slight
aS to be unnoticeable and affects in no way the character of the
section or the rights or interests of the adjoining owners;
2 , That' the slightness of the encroachment is further emphasized
toy the location of the building on a high bank considerably above
the level of the street;
3. That to deny a variation and compel the owners to conform with
the strict letter of the Zoning ordinance would involve a complete
demolition of the dwelling, since the only other alternative
would be alteration work of a nature that would be expensive and
ruin the value of the building for residence purposes and would
further involve unreasonable and unnecessary hardship on the part
of the owners of the property, and
"BE IT FURTHER RESOLVED, That the dwelling, permitted to
continue on its present site, be deemed in no way a violation of
the provisions of Section 9 Setback Lines, Residence A Districts,
paragraph A, of the
Zoning Ordinance of the Village of North
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�• Mr. Mlnnerly reported that he made two inspections at the
Denton residence on Monroe Avenue and found that there were two
families

residing there using but one house keeping unit. He

also reported to the Board that the Bass residence in Philips
Manor is now converted into an eight family apartment house
which is a direct and serious violation of the Zoning Ordinance,
and that in his capacity as Building Inspector he could not make
any

complaint, He informed the Board that at the time of the

alteration he issued a building permit but upon learning that it
was for the purpose of changing the building from a one family
residence to an eight family apartment, he revoked the building
permit two days after its issuance, Mr Lofaro expressed the
sentiment that if such conditions were permitted to exist in
Residence A. District of this Village, that there would be no
need of the enforcement of the Zoning Ordinance. He suggested
that some sort of action be taken to prohibit the use of said
residence as an apartment house. Mr. Schmidt delved into the
details of how the owner of the said building found it necessary
to make such a change so that she would be able to support herself and invalid husband.

He stated that, since none of the

neighbors objected and no complaints were being made with regard
to the said apartment, this Board is without jurisdiction.

After

considerable discussion by the members of the Board it was decided
that the matter would be taken up by Mr. Schmidt and the Philips
Manor Improvement Association and a report of said conference be
given this Board at its next regular monthly meeting.
There being no further business to transact, the meeting was
adjourned at 9:10 P.M. to meet again June 17th, 193l«

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Minutes of the Regular Meeting of the Zoning Board of
Appeals of the Village of North
Tarrytown, N. Y., held at the
Corporation Rooms in said
Village on the 17th day of June,
1931.

Presents
William C. Schmidt, Acting Chairman
David Page, Jr.
John J. Lofaro, Secretary,

William C. Schmidt, acting as chairman, called
the meeting to order at 8:25 P.M.
The reading of the minutes of the regular meeting of May 20, 1951, was dispensed with for the reason that
the said minute book was borrowed with permission of the
secretary of this Board by Benjamin Levitan, Esq., Corporation
Counsel for the Village of Tarrytown, who is about to draft
a set of rules similar to the rules of this Board for the
Board of Appeals of the Village of Tarrytown.
Mr. Lofaro renewed his objections with reference
to the Bass residence in Philipse Manor and insisted that
this Board had the power to take initiative steps to enforce the Zoning Ordinance without a formal complaint of
the taxpayers or of"the Building Inspector.

He insisted

that as soon as a Zoning violation was brought to the
attention of this Board by the Building inspector, the
Board could, on its own motion, give the owner the usual

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�notice to remove such violation and upon the owner's
failure or neglect to do so could hold said owner liable
to a fine of twenty-five ($25.00) dollars for each and
every day such violation was permitted to exist. Mr.
Schmidt did not agree with Mr. Lofaro»s contention and
held that this Board might only grant variations and
extension of non-conforming uses, and hear and decide
appeals from the decisions of the Building Inspector,
He thereupon moved that Mr. Lofarofs contention and the
question as to the full powers of the Zoning Board of
Appeals be referred to Counsel for legal opinion. The
said motion was duly seconded and the Secretary waa
instructed to write Corporation Counsel John J. Sinnott
regarding same*
The report of the Building Inspector for the
month of May 15 - June 17, 1951, was read and placed on
file.
There being no further business to transactp
meeting adjourned at 8:45 P.M. to meet again on Wednesday,
July 15, 1931.

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MONTHLY REPORT OF

BUILDING INSPECTOR
FOR

ZONING BOARD OF APPEALS
Village of North Tarrytown, N. Y.
permits g r a n t e d

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Permits denied

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^^BuVldi ng Inspector of the
Village of North Tarrytqwn, N. Y.

�July 3rd, 1931
John J, Slnnott* Esq,
National Bank Gilding
farrytowa, I» IT.
My dear Mr* Sinaottj
The following it an excerpt of the minutes of the
regular meeting of the Zoning Board of Appeals of the
Village of Korth tarry town held on the 17th day of June,
"Mr,fcj^arorenewed his objections with reference
to the Baaa residence in Philipae Manor and Insisted that
this Board had the power to take Initiative steps to «h~
force the Zoning Ordinance without a formal complaint of
the taxpayers or of the Building Inspector* Ho insisted
that as soon as a Zoning violation was brought to the
attention of this Board by the Building Xnejpoetor. the
Board could* on its own motion, give the owiier the usual
notice to remove such violation and upon thf owner's
failure or neglect to do so could hold aal&amp; owner liable
to a fine of twenty-five ($$©100) dollars for eaoh and
every day such violation was permitted to exist. Mr*
Schmidt did not agree with Mr, Lofaro'a contention and
held that this Board night only grant variations and
extension of nonconforming uses, and hear and decide
appeals from the decisions of the Building Inspector*
He thereupon moved that Mr, Lofarc's contention and the
question as to the full powers of the Zoning Boavdk of
Appeals he referred to Counsel for legal opinion* $h#
said motion was duly seconded and the Secretary was
instructed to write Corporation Counsel John J» Sinnott
regarding same•*
May we have an opinion from you before July 15th,
our next regular meeting date.
Sincerely,

Secretary of the
Zoning Board of
Appeals. Village
of forth Tarry town,

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DAIRY

J. J. FOLEY, PROP.

W H O L E S A L E DEALER I N

M I L K AND C R E A M
R T H WASHINGTON STREET

NORTH TARRYTOWN, N. Y.

June 18, 1931
Mr, J. Lofaro
Secretary of Zoning Board of Appeals
Chestnut St.
No. Tarry town, AM.Y.
Dear Sir:
In the rear of my Dairy building at 282 North
Washington Street, I have a condition that I believe
is a danger to the neighboring homes in the way of fire.
The present buildings are frame and have been there
for ..years and would cause great danger in case of fire.
In order to correct this fire hazard I would
like to ask your board for permission t© fireproof these
buildtags, to be exactly the same size as present
buildings.
The plans and specifications are being completed
by ^omr building Inspector, Mr. Percy Minnerly.
I would appreciate an early reply
Yours veryu truly,

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June S7th, 1931
Zoning Board of Appeale
Village of forth farrytown, H*lt.
QentleneiM
X hereby apply to your Honorable Bes#d for a Vftr«
iatiea of the
aid* line regulations ?m sny property JL$oated
on* the-w%eti side'^ Brdadway, which property la distent
16,91 feet southerly from a curve connecting Millard Ave,
and Broadway and being a plot 151.11 foot In depth on the
forth aide and 161»23 feet in depth on the South aide and
60 feet more or leas in the front and rear.
X propeae to ereot a dwelling fronting on Broadway
which will he 52 feet e inches in width* Snob proposed
structure will violate the aide line requirements from
9 to 10 imohee on each side*
the p reposed Swelling will be in oonf©raity with
thoae in the entire subdivision and will addfeethe
beauty of the frontage along Broadway.
X am enclosing herewith a plot plan showing location
of the proposed dwelling.
I w&lt;suld appreciate your early consideration In this
natter.
Respectfully yours,
^ew^s^»» wwe* wwr ' .s^w^^pw ^r^pieiCJ

fiTO' forth waehingtoa at*
forth Tarrytown, I.T.
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V I L L A G E O F N O R T H T A R R Y T O W N , N . Y.
THE BOARD O F TRUSTEES
FRED W. G R O S S ,

MAYOR

J A M E S J . J O H N S T O N , ACTING MAYOR
ABRAM N . SADOF8KY

VI. BECK
F,

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VILLAGE COUNSEL

CAHNEY

T H 0 M A 8 A . QUINN

FREDERICKS

V I L L A G E C L E R K &amp;. T A X COLLEOTOR
M A R I O N A. D E E L Y

MAHONEY

DEPUTY CLERK
ACEH.

MARTIN

FRANK MARASCO
V I L L A G E TREASURER

TRUSTEES

NORTH TARRYTOWN, N. Y.

Notice of Public
Hearing!
NOTICE is heifeby given that a PUBLIC HEARING will
be held in the Village Hail, No: 28 Beekmah Avenue,
North Tarrytown, N . Y., at 8 P. M. on Wednesday Evening* July 15th, 1931, for t h e purpose of taking action and
hearing any objeetibris thereto on the fallowing:
1.—Application of J O H N J. FOLEY for permission to
demolish the existing buildings in the rear of premises
known as 282 Notth Washington Street arid to erect fireproof buildings in the place and stead of same, pursuant to
Section 12, paragraph h, sub-section 1 of the Zoning Ordinance. •
2.—Application of EDWARD MANTON for a variation,
pursuant to Section 12, paragraph h, sub-section 4 of the
Zoning Ordinance, of the side line requirement of a proposed dwelling on premises known as lot I D in Block 19,
Sectipn 14, on the Official Tax Map of the Village of North
Tatrytown, N . Y., which proposed ^dwelling, if erected
would violate the said side line requirement between nine
to ten inches on each side of said lot.
Dated: July 6th, 1931.
J O H N J. LOFARO, Secretary.
Zoning Boa*d of Appeals,
Village of North Tarrytown, N ; Y.
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MONTHLY REPORT OF

BUILDING INSPECTOR
FOR

ZONING BOARD OF APPEALS
Village of North Tarrytown, N. Y.
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