https://sleepyhollow.localarchives.org/files/original/0bf8b1534ad0f4df628a188236dee456.pdf cf5aef0378355e6dff5dee92229d7e0f PDF Text Text /¥•*, 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 15th day of July, 1931, Present: John J.Lofaro, Acting Chairman Secretary. John K. Millon David Page, Jr. Percy C.Minnerly,Building Inspector. Mr. Lofaro, acting as chairman, called the meeting to order at 8:30 P.M. The minutes of the regular meeting of June 17th, 1931 were read and approved. The Building Inspector report of July 13th was read and placed on file. The Application of John J.Foley for permission to demolish the existing buildings in the rear of premises known as 282 North Washington Street and to erect fireproof buildings in the place and stead of same, pursuant to Section 12, Paragraph H, Sub-section 1 of the Zoning Ordinance, was read and acted upon by the Board. There being no opposition to the said Application, the following resolution was unanimously adopted by the Board and the Secretary was instructed to mail a copy of the said resolutions to Mr. Foley. �I* 'I i t ; •\mt Hi. i i id, • ti* tfi J.' b,\ 1 \.«i. �I W<r. RESOLUTION GRANTING PERMISSION TO 7SHB' "J,""gdflag T5 •'SEMOLISTTHE^MISTING BUILDING£11~THE REAR OF PREMISEiTKNOWN TETggSTRamrWASftiygJblaf STi*KfTlNirTa"TkkkGRkm a, 'am-S&Kitiig i , OF T&S ZONIM ORDINANCE. "WHEREAS, John J. Foley, is the owner of premises known as 282 North Washington Street. "WHEREAS, the said John J. Foley has reason to believe that the present buildings in the rear of his premises are a menace to the neighboring properties in that the said building constitute a fire trap. WHEREAS, on or about June 18, 1951, the said John J. Foley made application in writing to this Board for permission to demolish the present buildings and erect fireproof building in the place and stead of same. "WHEREAS, a notice of Public Hearing was in the Official Newspaper of the Village N. Y. to wit- The Tarrytown Daily News, which notice is herein set forth in full hereof: duly published of North Tarrytown, on July 6, 1931, and made a part North Tarrytown, N. Y. 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, July 15th, 1931, for the purpose of taking action and hearing any objections thereto on the following: 1.- Application of JOHN J. FQLEJf for permission to demolish the existing buildings in the rear of premises known as 282 North Washington Street and to erect fireproof buildings in the place and stead of same, pursuant to Section 12, paragrafh h, sub-section 1 of the Zoning Ordinance. 2. - Application of EttWARD 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 ID in Block 19, Section 14 , on the Official Tax Map of the Village of North Tarrytown, 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 (over) J0HN J. LOFARO, Secretary. Zoning Board of Appeals. Village or North Tarrytown, N.Y. �>! •* \i v >\ J tti �/ • * M NGW THEREFORE BE IT RESOLVED, that the request for permission to demolish the existing building and to erect fireproof buildings in the place and stead of same be granted upon the follfcwing grounds: 1. - That there was no opposition to the said application, 2. - That the erection of fireproof buildings on rear of premises would eliminate a fire menace to the neighboring properties. i * / . �I i 4 m% m >i,i �The application of Edward Manton for a variation of the side line set-back of a proposed dwelling on his premises known as Lot ID in Block 19, Section 14 on the Official Tax Map of the Village of North Tarrytown was next read. Mr. Charles Y. Kenison appeared before the Board In behalf of the Philipae Manor Improvement Association and voiced objections to the granting of said variation upon the ground that the Board has no power to vary in any way the Deed Restrictions which run with the land. He also argued that when Mr. Manton purchased the property he did so with full knowledge of the side line set-back and that there would be no undue hardship on Mr. Manton if said application were denied. Mr. Minnerly called to the attention of the Board that a similar application of one, Boschen, was denied a year or two ago. Mr. Mullon asked Mr. Kenison if he knew the actual number of the members of the Phillpse Manor Improvement Association who objected to this application. Mr. Kenison was not able to give a definite answer. Mr. Page and Mr. Lofaro took the position that the application should be granted on the grounds that the side set-back violation would be so small, to wit, 9 inches on both sides, that it would hardly be noticeable, and upon further ground that the Board has the power to vary set-back lines. Mr. Manton stated that he proposed to erect a dwelling on the premises which would be a credit to the Village of North Tarrytown, increase the assessed valuation and be �i > j ! 'Ill jriiii*; lik ' �in conformity with the dwellings in Phillpse Manor. He protested that he should not be penalized and that the residence of Philipse Manor ought to welcome such an addition and allow a variation without prejudicing their rights. Mr, Minnerly then said that if a variation be granted in this case he must hereafter grant all applications for building permits affecting property fronting on Broadway where a side line regulation is violated. Mr. Mullon moved that the Secretary be instructed to write to the Philipse Manor Improvement Association and to the Sleepy Hollow Manor Property Owner's Association regarding this application and the changing of the side line regulation from ten feet to nine feet affecting lots only fifty feet in width. This motion was unanimouslyocarried. Mr. Lofaro then moved that the application be adjourned for two weeks at which time the other members of the Board might be present and express their views on the matter. Said motion was unanimously carried. Mr. Lofaro next read the copy of his letter addressed to Mr. Sinnott regarding the Bass Residence in Philipse Manor. Mr. Kenison arose and put in a written complaint regarding the said violation. On motion duly made and seconded the Secretary was instructed to write to the owner of the premises to abate such violation. There being no further business to transact, the meeting adjourned to Wednesday, July 29, 1931. �iV },» to • ? fiili fi'ik i • Ml, I IK 1 fill t\y» 18.} I 1, 'is II If lis »v ill t • •\f*i-. �/S3, July 24, 1931 Railroad Co-operative Building & ko&n Association 441 Lexington Avenue Hew York City Gentlemen? At the last regular meeting of the Zoning Board of Appeal* a violation of the following section of the Zoning Ordinance was called to our attention regarding prea&sesfenownas Red Gables,owned by 'from; • Section 5 - Heaidenoe "A11 Dlatriot tJaea. " ••in any Residence *** £1 strict no building or premises shall ba usedt or arranged or designed to be used in any part for other than one or more of the following specified purposes | (1) A dwelling for one family or for one housekeeping unit only** ' You are hereby notified to abate said violation pursuant Section 1*7 of the Zoning Ordinance which reads as followst "Section 17 -Violation and Penalties. For any and every violation of the provisions of this Ordinance, the owner, agent,contractor, or other person interested as lessee, tenant or otherwise In any: building or premises where such violation has boon committed or shall exist, and wjho refuses to abate said violation within five days after written notice has been eerved upon him either by mall or personal service, shall for each and every violation* and for each sad every day that auch violation continues be subject to a fine of twenty<*five dollars and the collection thereof shall be prose ©uted in the manner prescribed by law or ordinance Effective in the Village of Horth Tarry town.* Very truly yours, John J, kofaro Secretary, Zoning Board of Appeals Tillage of lorth tarrytown. �ft* ."i ff ' Wi I ! ! �Jnly 24, 1931 John J, Sinnett, Esq. Tarrytown gational Bank Building tarrytown, !• ¥• Dear *b% Sinnotfc: On July % 1931 I wrote you asking for an opinion relative Zoning questi&n. »ay I near fro» you befwe Wednesday, July 29* *» » nave a speeial meeting on tnat dayt Sincerely yours, g, John J« Lofaro Secretary, Zoning Board of Appeals. Village of Sorth farrytown. �L «"!' It I piu; ||l A* �I $7. July 25 1 1931 Phllipse Manor Improvement Association forth farrytown, »• T. Gentlemen i We have before us an application of one, Edward Man ton, for a variation of the side line requirement of a pro* po»ed duelling on premises known as Lot ID In Block 19, Section 14 on the Official fax Map of the Village of Worth farrytown, H.Y*, which proposed dwelling If erected would violate the said side line requirement between 9 to 10 inches on each side of said lot. Will you kindly arrange to have your representatives or a group of your members attend the meeting of this Board on Wednesday Evening, July 29, 1931, regarding the above application and the feasibility of changing the side line regulation from 10 feet to 9 feet on lots only 50 feet in width* Very truly yours, wtohn J# Lofaro Secretary, Zoning Board of Appeals Berth farrytown, ! • ¥• B, �4' * * •i <> 1A« l l! �$s9* ,3uly 25, 1931 Sleepy Hollow fianor Property Owner* s Association Worth Tarry town, H. Y» Gentlemen: We have oaf ore us an application of one, Edward Maaton, for a variation, of the aide line requirement of a proposed dwelling on premises known as Lot ID In Block 19, Section 14 on the Official Tax Map of the Village of Berth Tarry town, H* Y., which proposed dwelling if erected would violate the said side line requirement between 9 to 10 inches on each side of said lot* Will you kindly arrange to have your representatives or a group of your members attend the meeting of this Board on Wednesday Evening, July 29, 1931, regarding the above application and the feasibility of changing the side line regulation from 10 feet to 9 feet on lots only 50 feet in width* Very truly yours, John J* L of are Secretary, Zoning Board of Appeals Worth Tarrytown, B. T. **• �1 / JOHN kTlO N A l * fgl-E is*. 11 ! i 7.1:4.1' ' Ml\>' I ' l l Si i H '111 - 3 | . il - * -till 4 :i| ikm • it B �/ MJ. J < • » / . SINNOTT , BANK BUILDING TARRYTOWN, N. Y.. Jllly 28, 1931 gr. John J. Lofaro, Secretary, Zoning Board of Appeals, Village of North Tarrytown, New York. Dear Mr. Lofaro: Your letter of the 3rd ins* asking for my opinion as Corporation Counsel of the Village ill regard to the procedure that should be followed in the matter of enforcing the provisions of the zoning ordinance of the Village, was duly received. Section 10 of the ordinance provides for the appointment of a Building Inspector whose duty it should be to "enforce this ordinance under the rules and regulations of the Board of Appeals." Section 11 of the zoning ordinance provides that "the Building Inspector, the Board of Appeals and the Board of Trustees, or either, shall have the right to enforce the provisions of this ordinance by injunction and for other equitable relief." The general powers and.duties of the Board of Appeals are set forth in section 12 of the ordinance, and the authority contained in that section is limited to granting variations and extensions of non-conforming uses and hearing and deciding appeals from decisions of the Building Inspector. This provision of the ordinance is based on section 179 H of the Village Law. The authority given in that section of the Village Law for the creation of a Board of Appeals as provided for by section 12 of the ordinance sets forth practically the same subject matter as is contained in section 12 and both the statute and the ordinance seem to contemplate quasi-judicial functions in the Board of Appeals rather than administrative duties. It is my opinion that the Building Inspector should make the necessary complaints upon which proceedings for the enforcement of the ordinance are'.to be predicated. There is no requirement that the Building Inspector must bring the case of a violation to the Board of Appeals. This complaint should be made to the Police Court. Questions that are presented to the Board of Appeals are those brought to it by the property owner who is dissatisfied with the ruling of the Building Inspector or who desires a variation in the zoning regulations. �: | • • V)/-: V ^> JOHN ! A T ,ONA'- Tei- I I I<;I <*i s U ,H ' �iW OFr.CES OF l * j . SINNOTT i 0 \. BANK BUILDING TARRYTOWN, N. Y.. July 28, 1931 -2I do not find authority in the statute for the provision of section 11 giving the right to enforce the •orovisions of the ordinance "by equitable relief to the Board of Appeals. This application for enforcement should, in my opinion, be made by the Building Inspector or by the Board of Trustees, which Board has full authority to take necessary proceedings to enforce its ordinance. In any event, the Board of Appeals has no authority to impose a fine for the violation of the ordinance. This right, under the( general provisions of the Village Law, rests entirely with' the Police Justice. To summarize the procedure, therefore, I would advise that the Building Inspector is the proper public official to carry on the administrative function of prosecuting a property owner for a violation of the ordinance. This action may be the result of his own knowledge or upon informa-r tion furnished him by the Board of Appeals. Any prosecution for violation of the ordinance should be by his complaint and information, made to the Police Justice. Any injunction proceedings or other equitable relief should be brought by him under the direction of the Board of Trustees or by the Board of Trustees itself. Yours very truly, JJS:S �\b w � 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-1931 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_1931-07-15 Subject The topic of the resource Zoning Board Minutes & Resolutions-1931 Date A point or period of time associated with an event in the lifecycle of the resource 1931 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