Opinion
March 13, 1950.
Present — Carswell, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ.
In an action in which plaintiff seeks a judgment declaring ordinances of the Village of Tarrytown establishing a new residence zone to be void, judgment dismissing the complaint unanimously affirmed, with costs. By sections 176, 178 and 179 of the Village Law, power to district and alter districts is conferred on village boards of trustees. On this record it cannot be said that the board of trustees in the exercise of legislative power ( Shepard v. Village of Skaneateles, 300 N.Y. 115) failed to relate the ordinance to a comprehensive plan based on considerations of the health, safety and general welfare of the residents of Tarrytown, or that the board did not adequately consider the effect of the new zone on property in the general area, or in the community as a whole. The public hearing called for March 10, 1947, was not limited to a single proposal for change of the original ordinance. The legislating body cannot be assumed to have overlooked the permissible uses in a residence A district provided in that ordinance, which is not attacked. The board of trustees could reasonably conclude that a garden apartment development would not disturb peace and quiet in the area of plaintiff's residence, or affect its value to the extent that a permitted aviation field might. They did consider the individual units of construction possible under the original zoning, and by regulations for the new zone have held the number of families close to the number permitted originally. The board could consider the possibility that while the large estates remained, the bulk of the population was being concentrated along the most travelled thoroughfares. They could reasonably determine that for those who cannot own entire residences some of the quieter portions of the village should be made available for construction of a type of dwelling greatly in demand throughout the metropolitan area, and which could attract young married people away from Tarrytown.