https://sleepyhollow.localarchives.org/files/original/26434193790b6b749bf46d26dd917f44.pdf bd4be099825d1deba805bfda4c472dc3 PDF Text Text NORTH TARRYTOWN, N.Y. September 29, 1975 '' 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 Peter Esteban James Margotta Edward Swaby John Arcate David J. Whelan, Counsel Joseph Jelenek, Bldg. Inspector Chairman Friere called the hearing to order at 8:00 P.M. Clerk Fallacaro read the notice of hearing to consider the request of Douglas and Dorothy Potter, 475 Bellwood Avenue, North Tarrytown, N.Y, for relief on appeal from a decision of the Building Inspector in denying a permit on applicants' proposal to erect a six ft. fence and for a variance from the provisions of Article IV, Section 62-13, Paragraph F-2 of the Zoning Ordinance requirements that no wall or open or solid fence in excess of five ft. in height shall be erected along the side yards and rear yards in any residential district on property known on the Tax Assessment Map as Section 14, Block 21, Lot 2. Chairman Friere asked if there was anyone present who would like to address the Board for or against the variance. Mr. Charles Kenison, ,174 Highland Avenue, stated that he has lived in the Manor area since 1914. He stated that he organized the Philipse Manor Improvement Association to see that restrictions were carried out. Mr. Kenison stated that he objected to the type of fence that the Potters contemplate erecting. If a variance is granted, what good is the Zoning Ordinance, said Mr. Kenison. Mr. Douglas Potter submitted five letters from immediate neighbors in support of his request for a variance. Mr. Ruben Singer, 474 Bellwood Avenue, stated that'if Mr. Dahl prefers to live the way he chooses, he should not have any objection to anyone living the way they want to. He stated that he was in favor of the fence. Mr. Victor Page, 125 Palmer Ave., spoke on behalf of his wife and himself, that he lives 75 ft. from the Potters property. He stated that he has a six ft. fence which was erected before,the ordinance was adopted. He stated that he wholeheartedly recommends"to the Board that Mr. Potter be given the variance to fence out the deplorable condition that they have to look at seven days per week. t �-2Mr. Harry Datil, 115 Palmer Avenue, read a letter he sent to Mr. Friere prior to the hearing in which he stated that he would appear and register his objection to the fence. He also enclosed a letter which he sent to the Potters in which he states that he was taking appropriate steps and action to oppose the granting of a permit for its erection. Mr. Dahl stated that during the thirteen years the Potters had lived there, he had to look at a strip of land owned by the Potters which is filled with grass pilings, etc., and near his window but has not said anything. He stated that when their house was being remodeled, they dumped 2 x 4's, plaster, into the strip of land. The property was only cleared up recently because they were going to apply for a variance, said Mr. Dahl. Mr. Dahl stated that if they do erect any fence within regulation or whatever, they will conceal nothing because of the elevation of their house. He stated that he saw several five ft. stockade fences in the area which! are terrible to look at. The reason for them asking for a variance is because the owner has the fence and needs permission to erect it, said Mr. Dahl. The fence would be an eyesore for him to look at, he said. Mr. Dahl stated that he was interested in seeing that the zoning laws were upheld and that the variance not be granted. Mr. Friere stated that the Board will take into consideration Mr. Dahl's comments. • No further comments for or against the variance. Mr. Arcate moved, seconded by Mr. Margotta that the hearing be closed. Carried. Mr. Friere informed the applicants that they will be notified of the Board's decision. EXECUTIVE SESSION ...... After a lengthy discussion, Mr. Arcate moved; seconded by Mr. Esteban that a variance be- granted of one ft 1 in height'' in"'accordance with Section 62-40-C of the Zoning Ordinance of the Village of North Tarrytown for the erection of a fence on the westerly side of property known and designated on Village Tax Assessment Map as Section 14, Block 21, Lot 2. The motion carried while Mr. Swaby voted No. Mr. Swaby commented that this 'would create other appeals which would be more extreme. We are getting away from the original intent of the Philipse Manor Association-in setting up the area and does not think the six ft. fence would correct anything more than a five ft. fence would. f • „'- .< J i i ^ B ^ ^ ^ ^ j f e t i l i i ^ , ^ ^ ^ �-3t The variance was granted based on the following decision: Appeal of Douglas Potter from the decision of the Building Inspector, dated August 14, 1975 denying the erection of a six ft. fence, is hereby granted after a public hearing. The variance from the provisions of Article IV, Section 62-13, Paragraph F-2 of the Zoning Ordinance of North Tarrytown is granted on the grounds of special circumstances and conditions. Based upon inspection of the premises of Dahl and Potter, and upon hearing the interested persons at the public hearing, it appears that the Dahl property is unsightly and the proposed fence would partly alleviate this condition. No further business to come before the meeting, the same was duly adjourned. Respectfully submitted, ^l£^^^_^ ftU^*^*^ Filomena Fallacaro Clerk §p ^'••^ -' :y-y_-~*A"-£f'i-''-••*•--*'• • •-•'• -- -'•'••• - - - ^ - ^ ^ ^ ^ ^ i S S a f e i ^ ^ ^ �.#- > / loh' nf H tCU fifi^QlCL^i <y Que lode 4^ (U^c'i ^ ^ < ^ «*- '^H***- f** o fa ti'U, ^hno* af! h hi*! UULL <^a. * l0 (0 sfiu-»,fii«K«y* &S^aSSS^£iJ^Sw,:^i&Si^ .-i^^^^fe^ ^M<f^# ^> ii^»s6R&iM, ^^ft&K^-^isfc-^nUi* �Dissent of Edward Swaby in the matter of the Appeal of Douglas & Dorothy Potter from the Decision of the Building Inspector before the Zoning Board of North Tarrytown, N.Y. September 29, 197K5 Objections to the majority decision are based upon the following grounds. (1) Examination of the petition by the writer shows the petition to have been incomplete and defective in that it does not cite any section or paragraph of the Village Zoning Ordinance. (2) Petitionersalle^ that variance from existing ordinance, permitting a 5 foot fence, is necessary to correct the unsightly appearance of the adjacent Dahl property. This condition existed in fact at the time Applicants Potter purchased their property, since the Dahl property , which has been continuously occupied by Dahl since 1922, has been in the same condition for many years prior to Applicants tenure. > \ (3) The Zoning Board has lent its weight to what is in fact a spite fence and_abused its power by intervening between feuding neighbors. (*0 Petitioners cite in an accompanying letter that other parties in the vicinity intend to erect fences. By breaching the-Ordinance on the insubstantial grounds cited by petitioners, the board has given precedent for equally insignificant reasons to be ^advanced by other parties. (5) Petitioners allege that "I become increasingly alarmed at the specter of the depreciating value of my property and others as the Dahl house and grounds are allowed to deteriorate". Based on the above quotation from Petitioners, it is difficultFio see how raising the permitted fence height by one foot will correct;the deteriorating conditions cited, In fact no evidence in\suppbrt of economic ^ loss has been advanced by petitioners. The above statement can only | be viewed as self-serving, j (6) The remedy to an unsightly condition can never be found in drawing walls around one's property. Failure of the applicants to seek the appropriate remedies to correct what they allege to be unsightly conditions does not give the Zoning Board right to intervene by granting a variance from its ordinances. SSrs Edward Swaby | �PUBLIC NOTICE VILLAGE OF NORTH TARRYTOWN TO ALL TAXPAYERS, RESIDENTS AND PARTIES IN INTEREST: PLEASE TAKE NOTICE that the Zoning Board of Appeals of the Village of North Tarrytown will hold a public hearing on Thursday, November 13, 1975, at 8:00 P.M. in the Municipal Building, 28 Beekman Avenue, North Tarrytown, N.Y., to consider the appeal of Jesse C. Stackhouse, 19 Cedar Street, North Tarrytown, N.Y. for relief on appeal from a decision of the Building Inspector of the Village of North Tarrytown in issuing an order to remedy a violation of Section 62-23A and 62-25B of the Zoning Ordinance of the Village of North Tarrytown directing the\appellant to comply with the aforesaid provisions of the Zoning Ordinance of. the Village of North Tarrytown in that the said premises do not have benefit of continuation of non-conforming use and that the use has been extended in a manner to displace a conforming use on property known and designated on Village Tax Assessment Map as Section 16, Block 9, Lot 14. All taxpayers, residents and parties in interest are entitled to appear and be heard at said hearing. By Order of the Zoning Board of Appeals Dated: October 31, 1975 Filomena Fallacaro Village Clerk / �PUBLIC NOTICE :;; VILLAGE OF NORTH TARRYTOWN A m ALL TAXPAYERS, RESIDENTS AND PARTIES IN INTEREST: ^TVAQT? TAKE NOTICE that the Zoning Board of Appeals of the . PLEAS*.i££g a r r y t o w h will hold a puhlic hearing on Thursday, . , . Village of Nortn xar y ^ Municipal Building,, 28 Beekman November 13, 1 V / ^ to. consider the appeal of Stephen Kaleta. y^ Avenue, North | a * ^ O W £ o r t h - Tarrytoim; N.Y., for relief on appeal from 134 Depeyster g r e e ^ y £n issuing a building permit for ^decision of the * garage to be used for. light repair work v|t the a l t f j ^ ^ ^ i ; f 9 cedar Striet, Village of North^Tarrytown, in at premises * n £™ p a *visions of Article IV, Section 62-8B. sub-section vxolatxon^of the provis g ordinance of the Village of North^ R-5. P a r a ^ p ^ t J t h e use of said premises violates the provisions of J S r a Z 2-3-4 oFthe schedule o? regulations^describing permitted £ S £ £ l and-accessory uses of property in an R-5 ^strict known on Village Tax Assessment Map as Section 16, Block 9, Lot ±4. All taxpayers, residents and parties in interest aire entitled to appear and be heard at said hearing. ^ ^J?' By Order of the Zoning Board of Appeals Dated: October 31, 1975 Filomena Fallacaro Village 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-1975 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_1975-09-29 Subject The topic of the resource Zoning Board Minutes & Resolutions-1975 Date A point or period of time associated with an event in the lifecycle of the resource 1975 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