https://sleepyhollow.localarchives.org/files/original/483e7259f208454c2aa583f571f14603.pdf 9289041d1145c8e29bc3f8448f9e23cf PDF Text Text I ±m Minutea of the Regular tteeting Zoning Board of Appeals of the of Worth Tarr/towa, H.X., held the Municipal Building in said on the l j t h day of May, 19M. of the Village at Villas Present! wra#. Q. Bobaidt, Acting Ohairaan D.I. ariaball David Page, Jr. Frank X. Muain, Secretary Richard C Allen, Building Inspector Angelo B. Zingaro, Counsel Absent J John J. Pollard I n the absence of Mr. Pollard, Mr. Schaidt acted as ohairaan and called the meeting to order at S: 15 P.M. The reading of the minutes of the previous meeting wae dispeneed with io as to consider the appeal of ttr. Joseph F. Uelaville. After considerable discussion i t was moved by Mr, Bchaldt thai; the following be made, the decision of the Board in connection with the appeal of Mr. Joseph F? Melaville, owner of premi s e s known a e Fourteen (l4) Devrles Avenue, in the Village of Worth tarry town from a decision of the Building Inspector declaring a violation exist ant on eaid preaises against Section Three (3) Subdivision One(l) and Section Eleven (11) of the Zoning Ordinance of the Vjtiinge of North tarry town, H.X. o consider an appeal f i l e d with the Zoning Board of Appeals by Joseph F. e l a v i l l e , owner of the preitiaes at 14 Pevries Avenue, objecting to a violation laced on the premises by the Building Inspector of the Village of liortfa . Tarry town as a result of an alteration aade by the owner. , The reasons for the violation are: 1 - failure to secure a building permit: 3#c. 11 Zoning Ordinance, Village of North Tarry town. I -•**• - v 2 • a l t e r a t i o n does not comply with fceo# 3 , Sub» d i v i s i o n 1, Zoning Ordinance, Village of Horth ^arrytown. /- Melaville cont ends that he discussed the contemplated alt er at ion with the j Inspector and w&e Informed that no pens i t was necessary. The building Inspector confirms the conversation, s t a t i n g that the information at that time was vague, • that he further stated that i f the alteration did not involve a structural : change to exceed 41CX).00 no pernit was necessary. The owner stated that the Building Inspector had made repeated n s i t s while the work was in passess and during these times f a i l e d t o stop the work. The Board has given careful consideration to t h i s feature of the appeal. •'_-".'.'./-^ ".,.-;•;; M e l a v i l l e , the owner, i s Sergeant of Police in the Village of Horth Tarry town* He i s f&millar with the provisions of the Zoning Ordinanoe and Building Code a n d has been called upon, as part of his regular duty, t o enfere* i t s pro v i s * lone In oases of v i o l a t i o n . Ke contends that the a l t e r a t i o n i s consistent with the provisions of the Zoning Oro^itanaa, ;^ ' .-'•>---?'-, V*. ";--;.-,Wv m • ' r r " * _ ' . <^-if - �Melavliie«s failure to secure a permit does not impose a haa^ip as might be present I f he war* ignorant of the law ana unfamiliar with procedure. *he Board i l t s negUgenoe on the part of the Building Inspector i n not §topping the f»rk while in progress but does not, under the oiroumetanoes, consider this illure controlling. (i*eo. X, Building Code and Ordinance, "Building Inspector, ^eo.lfF.2.) Melavllle stated that the etructurai oimn«« wa# neo«e»ary to tnablt him to meet tha increased expense of taxes and maihtenaoe. Thia Board dHon the £gth day of April, 19^X, at tha rt qua at and invitation of the owner, inspect the premises in question. \ The alteration involve* a structural change to pit)ride a complete housekeeping unit oh the aeoond floor of tha property. A partition was removed to convert a bedroom into a living rooa and tha further conversion of another bedroom into a complete kitchen unit, which includes refrigerator, gae range, sink, o*blnete»eto. T^s unit i s rented t o a tenant now in possession. There are separate gas and aleatria metere. As to the first floor oooupied by the owner, the former kitahen wae ditided toprovide a complete bathroon where none previously existed and the remaining portion of the kitchen l a , complete with the exception ot a pipe running from the main gas line to the kitchen, which oouid be replaced at email expense; In a l l respects the portion occupied by the owner i s a oomplete unit, except for certain minor changed, namely* the purchase of a gas or an electric range. 4 The Board holds that t h i s alteration Violates the intent of Saa# 3 Of the , Zoning Ordinance. , Tha fact that the owner contends that the downstairs aprtraent does not make use of the kitchen unit and that he and his ^ h e i r meals on the outside i s t in the Judgment o f the Board, Immaterial. I t •fbnnot, m fairness to otherproperty owners who have bought in good faith, : jfcndone th<? action of the owner in creating ah alteration in obvious non-com^Rianoe with the provlslone of the Zoning Ordinance. Uslavilie had knowledge o f the law and methods of procedure to 8eeure a decision in advance of making said alteration and thereby protect himself against any hardship imposed by a decision upholding the action of the Building Inspector in f i l i n g a violation on the premises. -':'-•; .'. ./•'-••.*; •<•::.. --.•;•-.'-• V-,-. .V-,":- --V-> The Board i s actuated with a d e s i r e / based on a recognition of general economic and s o c i a l conditions, t o temper i t s findings but must, nt the eame time, carry out i t s duty t o enforce t h e provisione o f t h e Zoning Ordinance, i n the V i l l a g e of North Tarry torn, which.was created: t o :rpromote the b e:s t i rn t e r a c t e ^cr 'of its clti*sne. - '-v'*'. ' •'•';'"':,Vr/\ :^}A *~-, :v-'-;'\M'-- i I t i s therefore the decision of the Board that t h e Building Xnepaatar waa 1 J u s t i f i e d and v i o l a t i o n s claimed by tha Building Inspector, found t o e x i s t . On r o l l c a l l t h e following Tote was reoordadJ ; - ^ : : Mr. arimball :"•* i " Aya ''-:''• / -->-•••'-• . - - ^ S ; • •/. ,.;-./;.•. ^p Mr. Page •• •/.%# ~J-P\ ,-*-:-;" :,^;;.';\:[-i : : J . Mr. Schmidt .-.-;# ^Aj* ^ -v-^ --^ ^ V V ^ ^ X J . I 1 . Mr. <4uain v.' •-.-''.''•' *?VAya '•:,'•"• ..-•-•••••^- -":? " • " v : ^ : t ; : : - ^ : Mr. Pollard ; ../ Absent '^;:^-J:'}i^:^;S^ . Grimball moved that Mr. Melaville Item notified of tha action e f the Board. ?^-\ i s motion was seconded by Mr. Schmidt and aarrlad unaalmanely by the rs present. . Allen, the Building Inspector, was then advieed by tha aanasal, Mr. Umgara to take the neaasaary stepe to enforce the pupvieione ef tha law ta aamfarm with the decision of this Board with reepaat to tha MalawlXlc •-'-V �*#;; *; Thi motion to kjoura im# ^ i ih liii f i n iji i » i' *•'• • • » ' '• - JTf— " .*- ' "' """" 2*IMkQ " a |- - - •' ii > --' ' r " • i • • ' - "•—• , t l l . n i in V . ' ••>»-,• Secretary I tJ>: I •'•'"'. -£.v*'-: . / . ^ - y ^ ^ - ; • : & > % * ."<* - • ' - « - - ^ ' . . - "--_\,t -=L . - / • .-.-:?.*£*??.? ' r V ^ - " ^ . l - . e . - i £:jij£^fcs& w �» Minutes of the Regular Meeting of the Zoning Board of Appeals of the Village of North Tarrytown, N. Y., held at the Municipal Building in said village on the 15th. day of May 1941. Present: V&i, C. Schmidt, Acting Chairman D. I. Grimball David I&ge, Jr. Frank X. Quain, Secretary Richard C. Allen, Building Inspector Angelo Zingaro, Counsel Absent: John J. Pollard In the absence of Mr. Pollard, Mr. Schmidt acted as chairman and called the meeting to order at 8:15 P. M. The reading of the minutes of the previous meeting was dispensed with so as to consider the appeal of Mr. Joseph F. Melaville. After considerable discussion it was moved by Mr. Schmidt that the following be made, the decision of the Board in connection with the appeal of Mr. Joseph F. Melaville, ovmer of premises knovm as Fourteen (14) Devries Avenue, in the Village of North Tarrytown from a decision of the Building Inspector declaring a violation existant on said premises against Section Three (3) Subdivision One (l) and Section Eleven (11) of the Zoning Ordinance of the Village of North Tarrytown, N. Y. • "To consider an appeal filed with the Zoning Board of Appeals by Joseph F. Melaville, owner of the premises at 14 Devries Avenue, objecting to a violation placed on the premises by the Building Inspector of "the Village of North Tarrytovm as a result of an alteration made by the owner. The reason for the violation are: 1 - failure to secure a building permit; Sec. 11 Zoning Ordinance, Village of North Tarrytown. 2 - alteration does not comply with Sec. 3, Subdivision 1, Zoning Ordinance, Village of North Tarryt own. Melaville contends that he discussed the contemplated alteration with the Inspector and was informed that no permit was necessary. The Building Inspector confirms the conversation, stating that the information at that time was vague, that he further stated that if the alteration did not involve a structural change to exceed §100.00 no permit was necessary. The owner stated that the Building Inspector had made repeated visits while the work was in.progress and during these times failed to stop the work. The Board has given careful consideration to this feature of the appeal. Melaville, the owner, is Sergeant of Police in the Village of North Tarrytotm, He is familiar with the provisions of the Zoning Ordinance and Building Code and has 4>een called upon, as part of his regular duty, to enforce its provisions in cases of violation. He contends that the alteration is consistent with the provisions of the Zoning Ordinance. -Wr y �Melaville^ failure to secure a permit does not impose a hardship as might be present if he were ignorant of the law and unfamiliar with procedure. The Board admits negligence on the part of the Building Inspector in not stopping the work while in progress but does not, under the circumatances, consider this failure controlling. (Sec. 1, Building Code and Ordinance, "Building Inspector, Sec. 1, P. 2.) Melaville stated that the structural change was necessary to enable him to meet the increased expense of taxes and maintenance. This Board did on the 28th. day of April 1941, at the request and invitation of the owner, inspect the premises in question. The alteration involves a structural change to provide a complete housekeeping unit on the second floor of the property. A partition was removed to convert a bedroom into a living room and the further conversion of another bedroom into a complete kitchen unit, which includes refrigerator, gas range, sink, cabinets, etc. This unit is rented to a tenant now in possession. There are separate gas and electric meters. As to the first floor occupied by the owner, the former kitchen was divided to provide a complete bathroom where-.none previously existed and the remaining portion of the kitchen is complete v/ith the exception of a pipe running from the main gas line to the kitchen, which could be replaced at small expense, in all respects the portion occupied by the owner is a complete unit, except for certain minor changes, namely, the purchase of a gas or an electric range. The Board holds that this alteration violates the intent of Sec. 3 of the Zoning Ordinance. The fact that the owner contends" that the downstairs apartment does not make use of the kitchen unit and that'hie'and his wife take their meals on the outside is, in the judgment of the Board, immaterial. It cannot, in fairness to other property owners'who have bought in good faith, -, condone the action of the owner in creating an alteration in obvious non-compliance with-the'provisions of the Zoning Ordinance. Melaville had knowledge of the law and methods of procedure to secure a decision in advance of making said alteration and thereby protect himself against any hardship imposed hy a decision upholding the action of the Building Inspector in filing a violation on the premises. The Board is actuated with a desire, based on a recognition of general economic and social conditions, to temper its findings but must;at the same time, carry out its duty to enforce the provisions of the Zoning Ordinance, in the Village of North Tan-ytown, which was created to promote the best interests of its citizens. It is therefore the decision of the Board that the Building Inspector was justified and violations claimed by the Building Inspector, found to exist. On roll call the following vote was recorded: • * Mr. Grimball Aye Mr. Bige . Aye Mr. Schmidt Aye Mr. Quain Aye Mr. Pollard Absent �Mr. Grimball moved t h a t Mr. Melavilie be n o t i f i e d of the a c t i o n of t h e Board. This motion v/as seconded by Mr. Schmidt and c a r r i e d unanimously by t h e members present. Mr. A l l e n , t h e Building I n s p e c t o r , v«as then advised by t h e counsel, Mr. Zingaro, t o t a k e t h e necessary steps t o enforce t h e provisions of t h e law t o conform ivith t h e d e c i s i o n of t h i s Board vdth respect t o t h e Melavilie c a s e . The motion t o adjourn v.-as duly made and seconded a t 9:35 P. M. Chairman Secretary c —" X �To consider an appeal filed with the Zoning Board of Appeals by Joseph Melaville, owner of the premises at ik DeVries Avenue, objecting to a violation placed on the premises by the Building Inspector of the Village of North Tarrytown as a result of an alteration made by the Owner, The reaaone tor the violation are: 1 - failure to secure a building permit; Sec* 11, Zoning Ordinance, Village of Worth Tarry town, 2 - alteration does not comply with Sec* 3, Subdivision 1, Zoning Ordinance# Village of North Tarrytown* Melaviiie contends that he discussed the contemplated alteration with the Inspector and was informed that no permit was necessary* The Building Inspector confirms the conversation, stating that the information at that time was vague, that he further stated that if the alteration did not involve a structural change to exceed $100*00 no permit was necessary* The owner stated that the Building Inspec- tor had made repeated visits while the work was in progress and during these times failed to stop the work. The Board has given careful consideration to this feature of the appeal* Melaville, the owner, is Sergeant of Police in the Village of North Tarry town* He is familiar with the provisions of the Zoning Ordinance and Building Code and has been called upon, as part of his regular duty, to enforce its provisions in cases of violation* He contends that the alteration is consistent with the prowl si one of the Zoning Ordinance* �Melavillefs failure to secure a permit does not impose a hardship as might be present if he were Ignorant of the law and unfami liar with procedure. The Board admits negligence on the part of the Building Inspector in not stopping the work while in progress hut does not, under the circumstances, consider this failure controlling. (Sec. 1, Building Code and Ordinance, "Building Inspector, Sec. 1, P.2") Helavllle stated that the structural change was necessary to enable r n him to meet the increased expense of taxes and maintenance. 4 The ^ 7 * ^ alteration involves a structural change to provide a complete house-;7 keeping unit on the second floor of the property. A psjtition was^T^*1 I removed to convert a bedroom into a living room and the further v, , v&&*** conversion of another bedroom into a complete kitchen unit, which includes refrigerator, gas range, sink, cabinets, etc. is rented to a tenant now in possession* This unit There are separate gas and electric meters. As to the first floor occupied by the owner, the former kitchen was divided to provide a complete bathroom where none previously existed and the remaining portion of the kitchen is complete with the exception of a pipe running from the malm mm* line to the kitchen, which could be replaced at small expense. la all respects the portion occupied by the owner is a complete unit, exempt for oertain minor changes, namely, the purchase of a gas or an eleetrie rang*. € v The B0ard holds that this alteration violates the imteat of Sec. 3 of the Zoning Ordinance. The faet that the owner contends that the down* stairs apartment does not make use of the kitchen unit and that he and • si -m?: _--^?*$ �his wife take t h e i r meals on the outside i s , in the Judgment of the Board, immaterial. It cannot, in fairness to other property owners who have bought in good faith, condone the action of the owner in creating an alteration in obvious no n-compliance with the provision* of the Zoning Ordinance. Mel a n l i e had knowledge of the law and methods of procedure to secure a decision i n advance of making said alteration and thereby proteet h i • self against any hardship imposed by a decision upholding the action of the Building Inspector in f i l i n g a violation on the premises* The Board i s actuated with a desire, based on a recognition of general economic and social conditions, tetemmsr I t s findings but must, at the ammo time, carry out i t s duty to enforoe the provisions of the Zoning Ordinance, in the Village of Morth T&rrytomm, which was created to proms to the best lmterosts of i t s e i t l s m s * �VILLAGE O F NORTH TARRYTOWN E D W A R D A. M A R T I N . MAYOR H A R R Y D. HA R I N G . A C T I N G MAYOR JAMES T . OWENS, CHAIRMAN FINANCE COMMITTEE PATRICK J . POWERS, CHAIRMAN FIRE COMMITTEE MICHAEL J . MURPHY, CHAIRMAN ADMINISTRATION COMMITTEE HARRY D. HARING, CHAIRMAN STREETS AND SIDEWALKS COMMITTEE VILLAGE COUNSEL ANGELO E . ZINGARO THOMAS T. MARGOTTA, CHAIRMAN POLICE AND LIGHT COMMITTEE GEORGE YUNGER, CHAIRMAN HEALTH AND RECREATION COMMITTEE JAMES D . O'CONNELL, TREASURER BEATRICE REILLY, CLERK April 30, 1941 Mr. Prank Quain, Secretary, Zoning Board of Appeals, Van Tassel Avenue, North Tarry town,- N. Y. My dear Mr. Quain: In accordance with your request the Board of Trustees has authorized your obtaining the necessary sta- • tionary for your Board, and is also pleased to allow you the p Z use of the Meeting Room on the third Tuesdays of the month and file space for your records. Yours/verV VILLAGE CLERK ^&4&&is<&&\&i8S32&*££&£GiBS%i£iSi& v-<^eA0a" j * f � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1941 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1941-05-13 Subject The topic of the resource Zoning Board Minutes & Resolutions-1941 Date A point or period of time associated with an event in the lifecycle of the resource 1941 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text