https://sleepyhollow.localarchives.org/files/original/6f6ef55d9c5d19ecdb512a81448676bd.pdf 67ba31c67043a8be8ca028e1a079f7ce PDF Text Text Minutes of Special* Meeting of t h e Zoning Board of Appeals of t h e Village of North Tarrytown, jf« if«, held a t t h o Munioipal Building i n s a i d Village on t h e 28 t h . day of A p r i l 1941. Presents John J . P o l l a r d , Chairman D. I . Grimball David l a g e , J r » Y a i l i a n C. Sohuddt Frank X« Quain, S e c r e t a r y Angelo Zingaro, Counsel Richard C. A l l e n , Building I n s p e c t o r Meeting was c a l l e d t o order by t h e Chairman a t 8:10 P, M. The l e t t e r explaining why t h e meeting was c a l l e d , was read by t h e S e c r e t a r y . Mr. Me l a v i l l a ' s l e t t e r was then read by t h e S e o r e t a r y . In t h i s l e t t e r , Mr. M e l a v i l l e denied t h a t any v i o l a t i o n s were oomraitted and claimed a l l a l t e r a t i o n s were made t o comply with t h e Zoning Laws. Mr. Zingaro then explained t h e v i o l a t i o n s as charged by t h e Building Inspector. Mr. M e l a v i l l e then denied t h e a l l e g a t i o n s i n t o t o r e f e r r i n g t o conversation •with Building Inspector before work was s t a r t e d . A g e n e r a l discussion then followed between t h e Board Members and Mr. ft Mrs, M e l a v i l l e . Mr. Schmidt then moved t h a t t h e meeting be adjourned so t h a t t h e Board could examine t h e case more thoroughly. Mr. Bige seconded t h e motion and t h e meeting was adjourned a t 8:40 P, M. l a t e r t h e members of t h e Board, a t t h e i n v i t a t i o n of Mr..ft Mrs. M e l a v i l l e made an inspection of t h e premises i n question a t 14 Devries Avenue, North Tarrytown. Secretary �A p r i l 1 8 , 1941 Messrs: John J. Pollard - /\t*€£a^<£ &"<>>, WtJ^CvfJl M. /.TT William C. Schmidt David Page, J r . Richard C. A l l e n D. I . Grimball Angelo Z i n g a r o Gentlemen: There v*ill be a special meeting of the Zoning Board of Appeals held on Monday Evening, April 28th., 1941 at Eight 0» Clock, daylight saving time, in the Corporation Hooms of the New North Tarrytovm Municipal Building on Beekman Avenue, North Tarrytown, N» Y. The meeting is for the purpose of considering an appeal being made by Mr, Joseph F. Melaville, pertaining to a decision of the Building Inspector, affecting the premises at Number Fourteen (14) Devries Avenue, North Tarrytown, II. Y. The decision made by the Building Inspector is that recently there were some structural alterations made at the premises mentioned, in which there exists two (2) violations of the Zoning Ordinance of the Village of North Tarrytown, N. Y. The chairman, Mr. Pollard, has requested that all of the members of the Board, make a special effort to be present. Yours very truly, Secretary �14 Devries Ave. North Tarrytown, N. Y • April 15 1941. :ir. John J. Pollard,Chairman, Zoning Board of Appeals, North Tarrytown,N.Y•. Dear Sir-J I hereby request a public hearing,pursuant to •Village Law and your Zoning Code,to review the decision of the Building Inspector,dated April 11th.1941,with reference to my home at #14 DeVries Ave, North Tarrytown. . Yours very truly/ �k --r — 9 120 'Vim T a s s e l l Avenus, Horth Tarrytown, H«w Yoik May U , 1941 Mr* Joseph F* H o l a v i l l e , 14 Devrles Avenue, Horth Tarrytown, B* Y* Dear S i r : At the regular meeting of the Zoning Board of Appeals of the Village of Horth Tarrytown held a t the North Tarrytcsti Municipal Building an Hay 1 3 , 1941 the following decision m s made* "To consider an appeal f i l e d vdth the Zoning Board of Appeals by Joseph l i e l a v i l l e , owner of the premises a t 14 Devrles Avenue, obj e c t i n g t o a v i o l a t i o n placed on t h e premises by the Building Inspector of the V i l l a g e of Horth Tarrytown as a result of an a l t e r a t i o n nade by the owner* The reasons for the v i o l a t i o n ares 1 - f a i l u r e t o secure a building permit; See* 1 1 , Zoning Ordinance, Village of Horth Tarrytosn. • 2 - a l t e r a t i o n does not comply with Sec* 3 , Subd i v i s i o n 1, Zoning Ordinance, Village of Horth Tarrytceau Molaville contends that he discussed the contemplated a l t e r a t i o n with t h e Inspector and i«8 informed that no permit was necessary* The Building Inspector confirms the conversation, s t a t i n g that the information a t that time m s vague, that he further stated that I f t h e a l t e r a t i o n did not involve a structural change t o exceed f 100.00 ne permit was necessary* The owner stated that the Building Inspector had made repeated v i s i t s while the work was in progress and during these times f a i l e d t o stop t h e work* The Board has given careful consideration t o t h i s feature of the appeal* **-,,.. U e l a v i l l e * the owner, i s Sergeant of Police i n the Village of Horth Tarrytcsm* Hs i s familiar with the provisions of the Zoning Ordinance and Building Code and has been c a l l e d upon* as part of h i s regular duty, t o enforce i t s provisions In oases of violation* Be contends t h a t t h e a l t e r a t i o n i s consistent with the provisions of t h e Zoning Ordinance* :~j*s �Helaville** f a i l u r e t o secure a permit does not impose a hardship as might bo present i f he were ignorant of the Saw and unfamiliar with procedure* The Board admits negligence on the part of the Building Inspector In not stopping the work while in progress but does n o t , under the circumstances, consider t h i s f a i l u r e controlling* (Sec* 1, Building Code and Ordinance, "Building Inspector, See* 1 , P. 2*) Melavi l i e stated that the structural change was necessary t o enable Mm t o meet the increased expense of taxes and maintenance. This Board did on the 28th, day of April 1941, a t the request and i n v i t a t i o n of t h e owner, inspect the premises in question* The a l t e r a t i o n involves a structural change t o provide a complete liousekeeping unit on the second f l o o r of the property* A partition was removed t o convert a bedroom i n t o a l i v i n g room and the further conversion of another bedroom i n t o a complete kitchen u n i t , which includes r e f r i g e r a t o r , gas range, sink, cabinets, eto* This unit i s rented t o a tenant now in possession* There are separate pas and e l e c t r i c meters* As t o the f i r s t f l o o r occupied by the owner, the former kitchen was divided t o provide a complete bathroom where none previously e x i s t ed and t h e remaining portion of the kitchen Is complete with the ex** caption of a pipe running from the main gas l i n e t o t h e k i t c h e n , which could be replaced a t small expense* In a l l respects t h e portion occupied by the owner i s a complete u n i t , except for certain minor changes, namely, the purchase of a gas or an e l e c t r i c range* The Board holds that t h i s a l t e r a t i o n v i o l a t e s the intent of Seo* 3 of t h e Zoning Ordinance* The f a c t that the owner contends t h a t the downs t a i r s apartment does not make use of the kitchen unit and that be and his tvlfe take t h e i r meals on the outside i s , in the judgment of the Board, immaterial* I t oannot, in f a i r n e s s t o other property owners who have bought in good f a i t h , condone the action of t h e owner In creating an a l t e r a t i o n i n obvious non-compliance with t h e provisions of the Zoning Ordinance* U e l a v i l i e had knowledge of the law and methods of procedure t o secure a decision in advance of making said a l t e r a t i o n and thereby protect himself against any hardship Imposed by a decision upholding the action of the Building Inspector i n f i l i n g a v i o l a t i o n on the premises* The Board i s actuated with a d e s i r e , based on a recognition of general economic and s o c i a l conditions, t o temper I t s findings but must, a t the same time, carry out I t s duty t o enforce the provisions of t h e Zoning Ordinance, in the Village of Horth Tarrytowa* which was created t o mote the best i n t e r e s t s of i t s d t i s e n s * " Tours very truly, Frank X* Qualn, � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1941 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1941-04-28 Subject The topic of the resource Zoning Board Minutes & Resolutions-1941 Date A point or period of time associated with an event in the lifecycle of the resource 1941 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text