https://sleepyhollow.localarchives.org/files/original/f144c942b1148e49a276aede90211d51.pdf e87c87b98aeff08f93009cc54f89f7f9 PDF Text Text WORTH TARRYTOWN, N.Y. December 13, 1961 After duly published notice, a public hearing was held before the Zoning Board of Appeals of the Village of North Tarrytown, N.Y. on the above date. Present James Friere, Chairman John Gross John Kowalski Rutherford Stinard David Page Sante J. Chessari, Counsel John Scribano, Building Inspector Also present: Gerardo & Victoria Patrignani, Applicants James R. Jannace, Attorney for Petitioner Chairman Friere called the hearing to order at 8:00 P.M. The Clerk read the notice of hearing published in the official newspaper of the Village, as follows: "Notice is hereby given that a public hearing will be held by the Zoning Board of Appeals of the Village of North Tarrytown, at a meeting to be held on the 13th day of December, 1961 at 8 P.M. in the Municipal Building, 28 Beekman Avenue, North Tarrytown, N.Y., on the following matter: Appeal by applicants, Gerardo Patrignani and Victoria Patrignani from a determination of the Inspector of Buildings denying applicants' application for "a permit to erect a onefamily residence with a studio for professional hair styling on the premises designated at Lot 7 and Lot 8, in Block 29 of Section 14 on the Official Tax Map of the Village of North Tarrytown on the ground that the said application is not within the purview of the Zoning Ordinance of said Village providing for an accessory use in a Residence "A" District of an office or studio of a resident professional person." Said Zoning Board of Appeals will at said time and place hear all persons in support of such matter or any objections thereto. Persons may appear in person or by agent." The Clerk also read a letter from Mrs. M. Loren Wood, Chairman of the Civic Improvement Committee of the Philipse Manor Garden Club, stating that their membership passed a resolution requesting the Zoning Board of Appeals to deny a building permit to the Patrignanis to build a residence which was to include a studio for hair styling and that said purpose was not within the limitations of class A zoning. �-2Mr. James R. Jannace, 175 Main Street, White Plains, attorney for the petitioner, addressed the Board stating that the appeal was not an application for a variance and that the reason for the appeal was because of the Building Inspector's denial of a building permit to the Patrignanis as indicated in the notice. Mr. Jannace stated that according to Section III, Subdivision II, Residence A District of the Zoning Ordinance of North Tarrytown, a permitted use of a resident professional person is allowed, such as a physician, surgeon or dentist, provided that there is not more than one assistant employed. The Ordinance enumerates several types of occupations, said Mr. Jannace. In determining the meaning of professional purpose as interpreted in other forms, Mr. Jannace cited the cases of Village of Laurel Hollow against Laverne Originals 283, Appellate Division 795-326, 128 N.Y. Sub 2nd, Teague against Graves 261 Appellate Division 652, Greiffert Against Meally 293 N.Y. 583. If operated on an incidental basis, said Mr. Jannace, there are a number of ways one can have a hair styling studio and that is to have a large establishment with a number of employees and possibly the sale of cosmetics. However, it is within the ordinance that a limitation of not more than one assistant be employed in Residence A, said Mr. Jannace. With regard to the application before the Board, there is no intent to employ an additional assistant, said Mr. Jannace; the studio will be conducted only by Mrs. Patrignani as an incidental use to the resident. The Appellant reco3nizes here is a quantative factor not within the perrogative of a Board or inspector to anticipate a use of quantative limitations. Mr. Willard Grant, 532 Bellwood Avenue, read the following resolution adopted by the Board of Directors of the Philipse Manor Improvement Association on December 11th: "WHEREAS, there is pending before the Zoning Board of Appeals an application to erect within a Residence :,A,f District a residence with accessory use as a beauty parlor, and WHEREAS, such accessory use represents a commercial activity contrary to the provisions and intent of the Zoning Ordinances, and WHEREAS, such accessory use would detract from the residential character of the neighborhood, now, therefore, be it RESOLVED, that the Board of Directors of the Philipse Manor Improvement Association goes on record with the Zoning Board as being unanimously opposed to the granting of the aforesaid application. �-3Mr. Starley Alford, 516 Bellwood Avenue, Chairman of the Zoning Committee of the Philipse Manor Improvement Association, made it clear that the oppositions being voiced were not intended to disparage the character of the applicants or the business which they wish to conduct. The accessory use of a home in a residence "A" district for beauty parlor or hair styling or by anyone is contraty to the spirit and intent of the zoning regulations. It constitutes a commission activity which is contrary to the ordinance, said Mr. Alford. Mr. Alford made reference to the preamble where it is stated that consideration would be given to promote the desirable use for which the land may be adopted. The desirable use of District A is the establishing and maintaining a neighborhood of exclusive residence character, said Mr. Alford and excludes activity or the erection of a building of a design that is contrary to the general appearance of the neighborhood. Mr. Alford stated that the Counsel for the applicants has been quite technical in his interpretation of professional in its broadest sense and asked that if in the final determination of the Board of Appeals this Board should hinge in a legal interpretation, the Association requests that judgment be reserved until such time as the Association seeks the opinion of Counsel on the matter. Mr. Alford read a list of occupations issued by the federal government for profession persons in which he pointed out that hair stylist or beautician was not included under a list of personal service occupations. Mr. Alford stated that at the time the ordinance was adopted, this use would not qualify. Mr. Alford urged the Board to consider the intent of the provisions of the ordinance when it was formulated and also urged the Board to bear in mind the undesirable precedent which they would be establishing in granting this appeal. Mr. Alford stated that the attorney for the applicants had said that not more than one person would be regularly employed,but once the building is constructed with a studio, it could be sold for that purpose to someone else who might not be willing to abide by this. If the zoning ordinance had been unrealistic and not designed to establish a fine residential neighborhood, there would be many empty lots in the area, said Mr. Alford. Had it not been in the past where the Zoning Board of Appeals and Building Inspector enforced the ordinances, we would not have the fine community that we have today, said Mr. Alford, and requested that the Board of Appeals act in a manner to keep the community in the status that it is now. Former Mayor, H. Tilden Swan, 19 Harwood Avenue, stated that the < ' • ' • ' • • ' • ' -'%-*-Z--^w^*%?z :-^£z? "•^'z^i^^.»r^^-^iM^^jl^^s-^iiig^^c^=^7MX^ �Manor constitutes one-third of the area of the Village and it was fortunate for the residents to have it zoned as Residence "A". Mr. Swan stated that he had helped to formulate the ordinance and it was the intent of anyone having anything to do in formulating the ordinance that a small office could be maintained by a doctor, dentist or a lawyer. In the case of an emergency, the doctor or dentist could provide treatment to a patient during the night without having to go to his regular office. Mr. Gregory Doherty, 115 Kelbourne Avenue, stated that residents protest the commercial use of any property in the Manor or any Residential "A" area. Mr. Doherty stated that the Board has a great decision to make and if it allows the commercial use it will have set a precedent. Once the Board has made an interpretation of an ordinance, the courts are apt to follow, said Mr. Doherty. Chairman Friere, noting the number of residents from the Manor area in the audience asked for a showing of hands of those who were opposed to granting of the appeal. Approximately forty people raised their hands. (These people comprised the audience.) Mr. Jannace stated that he appreciated the remarks made by those who addressed the Board and stated that he was especially pleased that they were not against his applicants personally. Mr. Alford's interpretation of learned professions is not a proper one and that his grounds were technical in nature, said Mr. Jannace; however, he appreciated his good faith and reference. With regard to the new owner in concurring with the provision of not employing more than one regular assistant, Mr. Jannace stated that to do so would be a breach of ordinance and could be policed. The physical layout would conform to every particular zoning and building requirement, said Mr. Jannace. With regard to the remarks made by Mr. Swan, Mr. Jannace stated that the matter still remains a question of interpretation. No further comments to come before the hearing, Chairman Friere thanked those who expressed their views and stated that the Board will review the matter for a decision and that the applicants will be notified of same. Mr. Gross moved, seconded by Mr. Page that the hearing be closed. Carried. Respectfully submitted, lAsbn Filomena Fallacaro Clerk � 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-1961 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_1961-12-13 Subject The topic of the resource Zoning Board Minutes & Resolutions-1961 Date A point or period of time associated with an event in the lifecycle of the resource 1961 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