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'.oninp, Bo i r e of

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A u r u s t 2" ,~ 1379

Appfills

i f D e c i a l b^&lt;

3 h e l d on th*1 'ibrv^

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'.rs . O t t o K r a i ] .

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it t h e r e o u e s t
.n Q c c o r c s r . c ? *;ith

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of
their

'.jnuer Section 7-712 or the Vill^.re Lav; to the Board of Zoninji
Aore = l3 of -&lt;orth Tarry tov*n, New York, for a reviev: of the action of
v

ictor R. ?aq;e, building Inspector,

^vi-iit
v.'ho issued a building D^rni

fo1

: h e c o n s t r u c t i o n of a o n e - f a m i l y h o u s e on t h - p r r n i s e s a t Ho. 17 KAr-lock
" ' r i v e , l i o r t h ' T a r r y t o w n , iJev; York.
•John A r e a t a , Ch = i r n a n
James Marriott a
Aldo C e c o n i
A11 y . R o b e r t Fc n 7,1 p. i , •
r e p r e s e n t i n g ]\&lt;orth
Tarrytown
Victor R. Page,
31dj?. Insp.
Chairman A r e a t a c a l l e d t h e r - e e t i n r t o o r d e r a t 8:15 F..&gt;.
F^FSE-IT:

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Board of Appeals,
it he filed.

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He Drotested tonight's hearing due to lack of notice.
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afteruhich he suhnitted said letter and a3ked that

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corrvent That the Board had "disregarded evidence of defective notice".
3.

He claimed that Chairnan Arcate had authorized the issuance of a

building D e m i t bv the
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Building Inspector.

Due to the issu .ance or a Building pernit, an2r chance to:
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resc_ve t.aeir dirrerances

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chained tne rvu2_j.Gir.tr Derr.it ".'as issu—c

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orders improperly given "to the Building Inspector by the Chairman
^of the Zoning Board of Appeals.
•

6.

In spite of the Notice of Appeal, Mr. Friou claimed .Chairman

Arcate asked Mr. Page to disregard said notice stating the variance and
permit at the Aug. 9th hearing.

Mr. Friou said Chairman Arcate dealt

soley with the issue of a variance at that meeting.
7.

He claimed the builder continued action on the plot when it was

improper.
- 8.

He protested actions thus-far taken by taken by the Zoning Board,

and said these actions were prejudicial towards others in the neighborhood.
He then asked the Board to disqualify itself from this matter until a new
board is created.
(a)

Chairman Arcate did not respond to Mr. Friou at this time as
this portion of the hearing is for statements from the public,

#

Gregory Doherty,

115 Kelbourne Ave., serving as attorney for Mr.£Mrs.

Otto Kralj, addressed the Board.
Code was not honored.

He stated^Section 7-7]2 of the Building

He noted that the building on the lot at 17 Hemlock

Drive continued in spite of the notice pursuant to Sec. 7-712.

His main

questions and concerns for his clients are issues of drainage and the
siting of the building.
Mr. Kralj said he had a land plan from R. Sigvard Johnson** Carchitect
of the proposed house at 17 Hemlock Drive).

Mr. Kralj said the land plan on

said;lot showed no indication of any drainage plans.

Mr. Kralj stated he had

contacted the American Institute of Architects to find out what constitutes
proper drainage.

Due to lack of time, he was unable to get the information

needed to present to the Board tonight.

Mr. Kralj said he was not sure as

to how the drainage might cause problems on his property, and thus wants a
«

definite land plan showing the drainage points.
Board member James Margotta then asked Mr. Kralj what information.was

I.:-

obtained from the American Institute of Architects.

�-3Mr. Falasca (builder of intended house at 17 Hemlock Drive) claims the
^ l a n d map does show drainage points and thus where water would flow.

He

commented on past leaking at the Kralj!s residence. - Mr. Kralj assured all
that there is no leakage in his house any longer,

and that he had solved

his previous drainage problems.
Copies of an updated plan of the lot were made and passed around to
all Board members and to those.attending the hearing so that they might
have a better understanding of the discussion.

A copy was also submitted

for the records,
^^

Mr. Friou stated he did not accept the plan as being valid.
Mr. Falasca said it was the plan submitted to Mr. Page, and that he

would have it notarized as soon as possible if such be the need.
Mr. Doherty noted that such plan was attached to the letter written
by Mr.Johnson on Aug. 2 7th to the Sleepy Hollow Manor Taxpayers, Inc.
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Mr. Zelig then asked why there was such concern re the drainage.

He

said the Kralj's lot appears to be especially low, and that surely they have
had drainage problems prior to this time.
Mr. Kralj again said he needs plans showing how water will drain off
from Mr. Z-elig's proposed house.

Mr. Kralj said he had asked for such plans

back in July, and again at the Aug. 9th hearing.
i

Mr. Margotta asked if the people have the right to "pick-^his plan
ar-art" (Mr. Zelig's- plan) .

Village Attorney Robert Ponzini replied that

since the 3uilding Inspector had reviewed and approved the plan, sufficient
evidence to the contrary must be provided to the Board to allow them to
reverse his determination.
Building Inspector Page went into great detail explaining how water
will drain off Mr. Zelig's lot out into the street *nd not onto the -Kraljws'

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lot.

He said he felt tonight's hearing was not needed, that it. is an issue

between neighbors, and not one of the Board's need to act unon.

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Chairman Arcate asked Mr. Page how much higher lot 7 (Mr. Zelig's)
is than lot 6 (Mr. Kralj's).

It was mentioned that lot 8 (Mr. Spaulding's)

is higher than all other lots in the immediate area.
Mr. Doherty asked that both land plans for lot 7 should be submitted
for the record, as all attending tonight's hearing only have the revised
version.

The first plan was dated August 10th, 19 79.

The revised plan

shows August (no date), 1979, which is the plan both the Building Inspector
and Board members have.

Mr. Doherty asked for a clarification as to which is

the right plan.
C*".

Chairman Arcate answered, saying the proper and correct plan is on a

sheet of 8 1/2" by 11" paper, titled Zelig Property, August (no date), 1979,
attached to a two page letter, dated August 27th, 1979* to S.H.M.T. Inc.
Mr. Friou asked if Mr, Page had seen the letter and plan prior to tonights hearing, to which Mr. Page replied in the affirmative.
•

Mr. Friou then

asked which plan Mr. Page had had prior to the revised plan, to which
Mr. Page replied, "the one dated August 10th".
Mr. Margotta stated*he had no objection to the drainage plans as indicated on the submitted plan.

He added that he felt it might even;improve

the drainage situation.
Mr. Ceconi"addressed Mr. Kralj, asking if -there was anv objection oh
his part to the updated plan.

Mr. Doherty replied for Mr. Kralj, saying he

would like to have additional time to discuss and go over the new plan with
hin.
Mr. Kralj said the initial plan showed hemlocks on the lot.
plan says "hemlock screening as proposed".

The updated

Mr. Kralj wished to know how the

henlocks are planned to be planted, how many hemlocks would there be, and of

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what height would the hemlocks be?
Mr. Zelig reDlied there would be sufficient serpeninc t&gt;rovided bv the
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hemlocks for the Kralj property to have substantial privacy.
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Steven Salman, 3 Lakeview Ave. said the Sleepy Hollow Manor Taxpayers,
^ I n c . is concerned over the lot's plan for the location of the driveway on the
property at 17 Hemlock D P .

He said as the driveway will be on a blind curve,

that the location could be very dangerous to the neighborhood.
Mr. Page replied, quoting from Mr. Johnson's letter to the Sleepy
Hollow Manor Taxpayers Inc.

He quoted (see letter) "As to the site line

from the driveway easterly;

it is obsilcured by plantings on village

property which may or may not have been planted by the previous owner of 6.
Sleepy Hollow Manor might request the village to remove the obstruction".
Chariman Arcate asked if Mr. Page can r?ccomend property owners to
remove such circumstances, when needed9

as mentioned in Mr. Johnson's letter.

Mr. Page replied affirmatively.
Mr. Salman asked that if the plan is l~ft as is for the driveway,
would that not be dangerous?
J^B

Mr. Hoy Nicholas, IB Hemlock Drive, commented on how people tend to race
thru that section of Hemlock Drive, and that the driveway location

on that

plan, if -allowed, would add to the aforementioned' problem.
Chairman ^ca.te

asked if the subjectof the

\ and others could be considered concurrentlv.
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•

driveway raised by Mr. Salman
It was agreed i+ could.

"

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--.Board member Mr. Ceconi spoke, advising th~ people at the

1

hearing that

I

•

the zoning Bacrd of Appeals was limited to the

provisions of tfie

Zoning

Ordinance, and that the Zoning Board could thus not satisfy all desires expressed at thahearing.

The Zoning Board cannot preserve this property as

- a'vacant lot, and the only way they could control what was done

with the lot

would be to have purchased the lot themselves.
I
Mr. Dohertv reSDonded bv reminding all Dresent that thev are not contesting the issuing of the variance, nor are they trying to question whethei
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the^construction can take Dlace-it can, and will.

Ke asked that the build-

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tr-e house comply with the building codes and have proper drainage.
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Mr. Margotta then addressed those at the hearing,;asking what did the
people expect of the Zoning Board?
Zoning Board?"

And how can everyone "try to steer the

He stated that this hearing was a repeat of the August 9th

hearing and at thet date the granting of a variance had been acted upon.
Mr. Kralj reminded all present that he had requested the land plans
back in July, and that it was not until tonight's hearing that he had obtaineda. plan indicating the drainage sites.

Mr. Doherty asked that the Board give

his client, Mr. Kralj, time to assess the new land plans.
ing he objected to the plans on behalf of his client.

As of this even-

If after looking over

the new plans, and no objection is found, the issue will be dropped.
Chairman Arcate asked .Mr. Page at what time in the building schedule
were the drainage matters taken care of?

Mr. Page, along with Mr. Zelig

and his builder, Mr. Falasca, replied that this was done late in the building schedule of the house.
Chairman Arcate advised Mr. Kralj that it would be helpful in considering his appeal if he could be mort specific.

Chairman Arcate asked him

what did he want, how much time would be needed, and for want purpose or
to what end?

Chairman Arcate asked if Mr. Kralj or Mr. Doherty could state

their desired renedy,

And will they have evidence to present to the Board?

Mr. Kralj said he wants an engineer to have sufficient time to apnraise
the land in question.

Mr. Doherty further defined their need as one week,

in which to obtain expert advice, to examine and assess the plans as to the
adequacy of the heretofore mentioned drainage plan.

If need b£, they could

then seek any possible.changes in the plan.
Mr. Falasca replied he had nothing against Mr. Doherty's request, but
asked that he might continue building, as the drainage is towards the very
end of the entire construction.

9

Chairman Arcate then offered to Mr. Doherty and Mr. Kralj -an opportur.iry for two weeks (rather than the one we^k requested) to consult with
experts, until they conduct their appraisal of the drainage plan, as well

�-7as any new thoughts on the driveway in said period.
Chairman Arcate said that the Board could ask Mr. Page to-not grant
Certificate of Occupancy for two weeks while the aforementioned appraisal
takes place.

Mr. Page agreed, saying he was always open to helpful suggest-

ions, but reminded all that the plans he approved are in full accord with
the Building Code.
Chairman Arcate asked if anyone else wished to address the Zoning Board.
No ooe indicated a desire to address the Zoning Board, and Chairman Arcate
asked for a motion to close the hearing.

A motion was made by Mr. Cecconi,

and it was seconded by Mr. Margotta.
Chairman Arcate stated that before action on the motion to close the
hearing, he would like to make a statement responding to the charges made
by Mr. Friou at the start of the hearing.
Chairman A.rcate stated that these charges were unwarrented, unnecessary,
-anc? untrue.

The members of the Zoning Board of Appeals, individually and

^Blollectively, were not prejudiced or biased, and were not, before, during
or1 since the August 9th hearing and they are not now.
no. factual basis for his charge and there is none.

Mr. Friou has presented

The auestion at the

August 9th hearing was solely the determination as to whether a one family
house could be built on the lot.
question.

This hearing properly addressed this

It received proper notice, both public and to adjoining property

owners (see minutes of Aut. 9th hearing) and those who attended by viture of
their preparedness with written statements gave evidence of this.
Further, the hearing was conudcted in a. free and open manner.
wishing to speak were recognized.

All those

The time allowed was unlimited and all

matters presented by anyone were heard, including subjects which were be2/onc
the score of the Zoning Ordinance and therefore beyond the power of the ZBA.
'•-g^.t. or. ti-ri= were the nenbers of the Board argumentative or partisan nor was

I;up

ther

sir- - claim's or charges to that effect at the August 9th hearing.

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-*.-* •-'-••^Thfe hearing* toM^hVbias^bieen- h§ia4rt r&amp;Bjk&gt;TiBe = tO=%-he^^%^
^^s stated in the begining of the hearing.

The appellant agreed to this

schedule and stated that no other notice was required.

THE ZBA in being

responsive and desirous of being helpful to all of the parties arranged
for the hearing.

Nevertheless it is the opinion of the ZBA that this hear-

ing is duplicative of the August 9th hearing and in fact this hearing was
not required and/or needed.

Further,it is clear that the ZBA has no power

to vary the Building Code,
Chairman Arcate stated that the ZBA held the hearing in the hope that
it would be useful to the parties in working out amicable agreements.

He

expressed the view that to the extent that the aforementioned drainage plan
was available it was new information.

Mr. Page indicated that this plan

shows topographical lines which he requested.

It was given to him early

today before the hearing was scheduled and it is attached to a letter to
leepy Hollow Manor Taxpayers Inc., dated

today, with the understanding of

the Zoning Board taht it was to.be discussed at a meeting between'SHM7 Inc.
and Mr. Zelig that they had arranged.

Hopefully, ths information will be

helpful to Mr. Doherty and Mr. Kral3.
Clearly, Mr. Friou's unsupported charges are counterpurposeful.
Mr. Dbhe-rty expressed the view that the hearing had been both needed
and helpful, and that he and his client would use the time unti^L September 18th,
at the next meeting of the Zoning Board will hold (hearing for ohter purposes).
'^.

Friou stated that one person at the August 9th hearing had expressed

dissatisfaction to him as to the way the hearing had been conducted.
Chariman Arcate asked if he (Mr. Friou) was representing said person
tonirht, to which Mr.Friou replied nICoM.

_

T.„^_.

Chairman Arcate then asked if M~. Friou was "iust presenting an anhonvnous
||v opinion.
ifr

Mr. Friou replied in the affirmative.

Charimsn Arcate asked Mr. Friou if he had any applicaton or appeal
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�before the Zoning Board for the purpose of tonight's hearing, to which
Ir. Friou replied "No".
Mr. Page addressed Mrs. Ashley, President tf the Sleepy Hollow Manor
Taxpayers Inc..

He asked for full cooperation from them, and to please return

the plans to him within 10 days,

Mrs. Ashley suggested that land owners

consult Sleepy Hollow .Manor Taxpayers Inc. in the future, so that both sides
can work toghther.
There being no parties expressing a desire to be heard, the Zoning Board
of ADPeals acted uDon the motion to adjourn.

The motion was Dassed urA

anircouslv, and the hearing closed at 9:50 P.M.

Pespectfully yours,

Linda-T. Fukuchi

�W l S E H A R T , F R I O U 8C K O C H
BAR BUILDING
3 6 WEST 4 4 «

STREET

N E W YORK,NEW YORK 10036

TELEPHONE
(212) 7 3 0 - 0 0 4 4

August 28, 1979
Board of Zoning Appeals
Village of North Tarrytown
28 Beekman Avenue
Tarrytown, New York
Re: Variance and Building Permit at 17 Hemlock Drive,
North Tarrytown
Gentlemen:
I reside within 100 feet of the above premises. I
was informed at 1:00 P.M. this afternoon that there would
be a hearing tonight on appeal from a building permit
issued by the village building inspector permitting the
construction of a one-family-house on the undersized lot
at 17 Hemlock Drive.
I hereby protest the holding of the hearing by this
Board. My reasons for the protest include, without limitation, the following:
1. This Board has amply demonstrated that it is
hopelessly prejudiced in favor of granting of the variance
and the building permit without due process. At the
hearing on August 9, 1979, which was limited to the question
of variance,one-or more board members specifically and positively announced in advance of hearing any evidence that
the variance would be granted. That statement of position
by Mr. Margotta was acquiesced in by the other members of
the Board.
2. The Board at the August 9fhearing disregarded
evidence of defective notice and there was no evidence
in the record that notice or advertising had been completed
in accordance with law. Furthermore there was no indication
that the Planning Board had been advised of the application
for the variance.
3. At"the hearing oh August 9, 1979 it was made very
clear by the'Building Inspector that he had received no
application for a building permit and he had not acted for
or against a building permit and the Board made it clear

�Board of Zoning Appeals

- 2 -

August 28, 1979

that it was not acting on the building permit. There were
no plans available at the August 9 meeting. Nevertheless I
am informed that at some time later, and before the minutes
were available to the public, the Chairman of the Board ordered the Building Inspector to issue the permit. That
action was improper and not within the jurisdiction of the
Chairman of the Board of the Zoning Appeals.
4. In giving that order to the Building Inspector, the
Chairman of the Board of Zoning Appeals knowingly preempted
the possibility of amicable discussions between the builder
and the neighbors for resolution of differences. The builder
had agreed to have such a meeting but by his action in ordering
the permit to be issued, the Chairman of the Board prevented
the meeting from taking place.
5. After the Building Inspector had issued a permit in
accordance with the orders improperly given to him by the
Chairman of the Board of Zoning Appeals, a Notice of Appeal
to the Board was served and filed pursuant to Village Law
§7-712. The Notice of Appeal also notified the recipients
that the automatic stays under that section of the law were
applicable.
6. Notwithstanding the existence of a valid Notice of
Appeal and the notification of the operation of the stays,
the Chairman of the Board of Zoning Appeals, I am informed,
then improperly instructed the Building Inspector to disregard
the Notice of Appeal because the original hearing on August 9,
1979 had covered both the variance and the building permit.
But the Chairman knew that the August 9 meeting only dealt
with the variance.
7. Because of the improper interference by the Chairman
of the Board of Zoning Appeals in the legal process, the
builder continued to construct the home at 17 Hemlock Drive.
In view of the prejudicial action of the Chairman of the Board
of Zoning Appeals and the knowledge of the builder and owner
that such actions were improper, the continued construction of
the home by the builder can not be considered to build equities
in his behalf, but on the contrary are further evidence, of his
bad faith in dealing with the other taxpayers' concerrf^ith
this matter in that the builder had promised to meet with neighbors but used that promise only to divert and delay them.
8. The actions to date of the Board of Zoning Appeals
have been prejudicial to the existing interests of other taxpayers in the neighborhood and have unreasonably and arbitrarily
•

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�Board of Zoning Appeals

- 3 -

August 28, 1979

favored the interests of the owner and of the builder. Those
actions of the Board include the secret interference by the
Chairman (and possibly others) with orderly due process required
by law to the detriment of myself and the other neighbors
involved.
The actions of the Board of Zoning Appeals in this matter
have created an appearance of impropriety on its part.
In these circumstances I protest the right and power of
this Board to act further on this matter and I ask that the
Board disqualify itself and adjourn this proceeding until a
proper Board of Zoning Appeals can be constituted.
It is not the function of this Board to serve only the
interests of builders who wish to obtain variance. The neighboring property owners have rights on which this Board has
trampled•
Respectfully yours,

Robert E. Friou
REF:ag

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August 27, 1979
MEMO - Sleepy Hollow Manor Association
FROM - R. Sigvard Johnson for Zelig

I understand that a meeting of the 2BA has been called
for this evening without prior notice or advertising. I had
thought that by answering the full list of questions forwarded
to me, in behalf of Mr. ZeHg, that that would be sufficient for
communication in good faith.
Everyone should be reminded of 62-12.
62-12 Area:
B - Nonconforming lots - In any
single family detached dwelling
nonconforming lot, provided the
yards ... shall comply with the
for the district

R-district only a
may be erected on a
front, side and rear
normal requirements

As to location - I have designed hundreds of houses for 30
years and feel quite equipped to site houses well. If the owner
of lot 6 will note the set back line of S-2 (10 feet) could have
been used quite legally. Lot 6 should be pleased with a set
back of over ^0 feet rather than the permitted 10 feet to obviate
a garage facing his terrace. The house was sited closer to lot 8,
which is located at the minimum set back.
As to the removal of trees impairing privacy; removed trees
were toward the center of the lot rather than lot line trees
which might impair ('privacy.11 One of the large trees removed
was in a dangerous condition, and the hemlocks showed evidence
of needle damage. Be that as it may, no amount of juggling
would have saved those trees. Would that all of the virgin trees
of the entire Manor area had been preserved. As it is, there remains
over a dozen large oaks, a large hemlock and some dogwoods.
As to the narrow dimension of the house facing the street
rather than the large one, it would appear to me, that aside
from relative impropriety of this question that much of Sleepy
Hollow Manor might have been improved by this method of making
larger the spaces between houses, witness the house being erected
next to A9 Hemlock, for which approval must have been given.
As to the site line from the driveway easterly; it ts obscured
by plantings on village property which may or may not have
been planted by the previous owner of 6. Sleepy Hollow Manor might
request the village to remove the obstruction.

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As to drainage; a heavy rain Saturday last did not show
any evidence of drainage from lot 7 to lot 6. Drainage from
lot 8 onto lot 7 was not analyzed. A rain water leader with an
opened end discharging on 7 has been noted and should be removed.
A swale will be placed at the easterly side of 7 to ensure no drainage
from black top will reach lot 6. It is to be noted herein that lot
6 has a history of basement water problems. The soil is, with the
exception of top soil, almost pure river bottom sand with no plastic
fines. A dry well will be installed to intercept roof water.
As to"screeningn to protect lot 6's terrace, Mr. Zelig has
already noted a willingness to plant fast growing hemlocks at
the easterly side of his property (or another species due to the
danger of needle disease in hemlocks.) One would surmise that now
that the 1501 side yard has been reduced to some 75 feet, that lot 6
might also contemplate further protection for itself as well as for
lot 7» 62 - 3F2 (as amended 7~8~7*0 might be investigated as a
k foot high fence in advance of the legal set back.
As far as the location of the garage door is concerned, it
may be of interest that some enlighteried communities bar front
entrances to garages. (Kings Point.)
I trust that this answers the specicivity requested by your
telephoned list.

Respectful ly,

R. Sigvard Johnson
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BOARD OF ZONING APPEALS
VILLAGE OF NORTH TARRYTOWN
COUNTY OF WESTCHESTER, STATE OF NEW YORK
In the Matter of
The Application of OTTO KRALJ and
ALEXANDRA KRALJ,
Petitioners,
For a Determination Pursuant to
Section 7-712 of the Village
Law of the State of New York
-againstVICTOR R. PAGE, as Building
Inspector, on the Issuance
of a Building Permit on the
Application of VICTOR 7.F.LTG,

NOTICE
OF
APPEAL

Respondents.

SIRS:
PLEASE TAKE NOTICE that Otto Krajl and Alexandra Kralj,
persons aggrieved, hereby appeal under Section 7-712 of the
Village Law to the Board of Zoning Appeals of North Tarrytown,
New York, for a review of the determination of Victor R, Page,
Building Inspector, an adainistrative official of the Village of
North Tarrytown, to issue a building permit for the construction
of a one-family house on the premises at No. 17 Hemlock Drive,
North Tarrytown, New York; and
PLEASE TAKE FURTHER NOTICE that this appeal. stays all
it

proceedings in furtherance of the action under the issuance of
such building permit, pursuant to the provisions of Section 7-712
of the Village Law.

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The Board of Zoning Appeals is requested to fix a
reasonable time for the hearing of this appeal and to give due
notice thereof to the parties hereto and to decide the same
within sixty-two days after the final hearing.
Yours, etc.,

GORY H. DOHERTY
Attorney for Petitioners,Otto Kralj and Alexandra Kralj
Office and Post_ Off ice Address
115 Kelburne Avenue
North Tarrytown, New York 10591
Telephone: 631 1436
TO:
Board of Zoning Appeals
28 Beekman Avenue
North Tarrytown, NT 10591
Victor R. Page
Building Inspector
23 Beekman Avenue
North Tarrytown, NX 10591
Victor Zelig
34 Miller Avenue
North Tarrytown, NY 10591

AUG 20 1979

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