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