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HomeMy WebLinkAboutZBA1956 MINUTES OF MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF RYE, NE'Vi YORK PLACE s Town Hall, 10 Pearl Street, Pert Chester, N. Y. DATE . Monday, April 9, 1956 AGENDA: To hear appeals and requests for variance on behalf of Nicholas J. Variano and Eleanor Variano :with respect to their premises known as Section 1, Block 6 H, Lots 1 and 135 on the Tax and Assessment Map of the Town of Rye, located on Tamarack Road. To hear appeals and request for variance on behalf of Royce Y. Sages, with respect to his premises known as Section 1, Block 5A, Lot 44, on the Tax and Assessment Map of the Toren of Rye, located on Wilton Road. To hear appeals and request for variance on behalf of Thomas J. Woods and Ann B. Woods with respect to their premises known as Section 1, Block 6 H, Lots 66 and 67 on the Tax and Assessment heap of the Town of Rye, located on Windsor Road. BOARD MEWBERS: Harvey S. Qui;el, Chairman -Present Clarence A. Campbell -Present Charles D. Patton -Present Charles C. Smith -Present Theodore G. Henninger -Absent Also present were: Richard X. O'Connell To-.vn Counsel Jaynes R. Neilsen Town Building Inspector The meeting was called to order by Harvey S. Quigel, Chairman, at 8:00 P. Me Appeal of Nicholas J. Varian and Eleanor Varian The Chairman read the notice of publication and the affidavit of publication showing the notice appeared in the Daily Item under date of March 31, 1956. The publication fee was paid the Chairman by her. L. C. Lewwin representing the Varianos, and a receipt for same given. The Chairman asked the Building Inspector his reason for denying a permit. The Building Inspector replied that under the Zoning Ordinance of the Town of Rye the property did not comply with the prescribed side yard set back and lot width and area. Mr. L. C. Lewin addressed the Board and pointed out that the lot was on the Tax and Assessment Map before the present Zoning Ordinance was adopted and that under the previous ordinance the property was within the requirements. Two Adjoining property owners were present: fir. L. T. Briggs, 21 Argyle Rd. , and Mr. Philip Caldwell, 85 Tamarack Road. They stated they were not present in opposition but asked the Board questions regarding the old and new Zoning Code. The Board discussed the matter and the Chairman called for a vote. The Board voted as follows: Campbell - In favor of granting variance Patton - In favor of granting variance Smith - In favor of granting variance The Chairman cast his vote in favor and declared the Board unanimous �W in its decision to grant the variance sought by the appellent in accordance d with Article 4, Section 2A-2B and Article 5, Subdivision 2, of the Zoning Ordinance of the Town of Rye, New York. y r Q- Appeal of Royce N. Sages dS m The Chairman read the notice of publication and the affidavit of publication Q showing the notice appeared in the Daily Item under date of March 31, 1956. The publication fee was paid the Chairman by Mr. Sages, representing himself, and a receipt for same given. C3 The Chairman asked the Building Inspector his reason for denying a permit Z for the construction of a garage. The Building Inspector replied proposed Q garage did not comply with the prescribed side yard set back required by the ~ Zoning Ordinance of the Town of Rye. LO Yr. Sages addressed the Board and stated his need for a garage. He stated he would like to be allowed 14 feet but that he could suffice with a 12 foot width, in which case his encroachment would be 1 and 1//2 feet. Yr. Geffrey Brown, 15 Wilton Ro,%d, was present in opposition to Mr. Sages being granted a variance allowing him to erect a garage 14 feet in width. Mr. Brown owns the property next to kir. Sages on the side which would face the proposed garage, 'Mr. Broam stated he had no objection to the Board granting a variance which would allow Sages to construct a 12 foot garage. The Board discussed the matter and the Chairman called for a vote. The Board voted as follows: Campbell - In favor of granting variance Patton - In favor of granting variance Smith In favor of granting variance The Chairman cast his vote in favor and declared the Board unanimous in its decision to grant the variance sought by the appellent in accordance with Article 5 Section 6 Subdivision 2, of the Zoning Ordinance of the T(n n of Rye, New York with the provision that the variance is being granted to allow the appellent to construct a garage with a maximum width of twelve feet. Appeal of Thomas J. 'Hoods and Ann. B. Woods The Chairman read the notice of publication and the affidavit of publication showing the notice appeared in the Daily Item under date of March 31, 1956. The publication fee was paid the Chairman by Mr. William Young representing �+ the appellents, and a receipt for same given. The Chairman asked the Building Inspector his reasons for denying a permit for the construction of a dwelling. The Building Inspector replied the property CL. did not comply with the prescribed side yard set back, lot width and lot area as required by the Zoning Ordinance of the Town of Rye, N.Y. Attorney William Young representing the appellents addressed the Board [1 and stated this property was on the Tax and Assessment Map before the present ry Zoning Ordinance was adopted, and that under the previous Ordinance the property d met the minimum requirements. C2 The Board discussed the matter and the Chairman called for a vote. The Z Board voted as follows: F- Campbell _ In favor of granting variance (n Patton - In favor of granting variance Smith - In favor of granting variance The Chairman cast his vote in favor and declared the Board unanimous in its decision to grant the variance sought by the appellent in accordance with Article 4, Section 2 A - 2 B and Article 5, Section 6, Subdivision 2, of t'le Zoning Ordinance of the Town of Rye, New York. There being no further business the meeting was adjourned at 9:00 P. hi. HARVEY S. QUIGEL Chairman, Zoning Board of Appeals Town of Rye, N. Y.