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LAW OFFICEs
SAMUEL BLUMENTECAL
BAR BUILDING
199 MAIN STREET
WHITE PLAINs,N.Y.
DUEL BLUMENTAAI.
L.OUIs BLUMENTHAL TELEPHONE WHITE PLAINS 9-1012
14a.rch 27, 1958
Mr. James Neilsen
Building; Inspector
Town of Rye, New York
Re : Premises Known as Sec. 1,
Blk. 2$1 Lots 10 & 110
Town of lye
Dear Sir:
I represent Eugene Carozza and Herman Jacobs of tort Uhester,
New York, purchasers of the above described property under an execu-
ted contract of sale.
Enclosed herewith please find plan of proposed improvement
to said premises , for which a building permit is requested.
The premises are now and have been occupied by John J .
Protano as a garage for trucks and construction equipment and for
storage and distribution of gravel, cinders, stone, diesel fuel in
drums and other building, materials. This is permitted under the
Zoning Ordinance, Article IV - Regulations, Section 3 , Supplewentary
Regulation - General, F.-Non-Conforming Uses.
Mr. Carozza and fir. Jacobs desire to continue the use of
the premises for garage purposes and for the storage and distribution
of wholesale of fruit and produce which will be kept inside the build-
ing. No retail sale thereof is intended.
Permit me to refer you to article 1V, Section 3. r' (3 ) C
of the Zoning Ordinance which permits a change of a non-conforming
use to another non-conforming use which , in the opinion of the board
of Appeals , either by general rule adopted on a request by the Build-
ing; Inspector or on a specific finding on appeal of a particular case,
is of the same or of a more restricted nature.
It is submitted that the use which is intended in the future
(garage of trucks and storage and distribution of fruit and produce
which will be kept inside the building) is not only a use of a more
restricted nature but an improvement over the present use whereby gavel,
cinders, stone , oil drums and other building material is kept and main-
tained on the outside of the building, and scattered over the plot.
2 ..
It is respectfully requested that in accordance with the
section of the Zoning Ordinance hereinabove referred to, you request
the Board of Appeals to adopt a general rule declarin6 the intended
use hereinabove set forth to constitute a non-conforming; use and
that you issue a building permit to enable the improvement shown on
the proposed plan to proceed.
Very truly yours,
LB/cd UIS BLUi� I�`rHAL
Encl.
y.
'3NING 8 h :�F APPEALS
T(AN OF - NJEW YORK
Minutes of ar nQ �.r
Torn Rooms, 10 Pearll �Le ?onirg Board of Appeals held in t
April 23, 1958, Street , : -1 ;,hester, New YDrk, Wednesday,
,
0
The Setting was called to ;rder at 8:00 P. M. by Mr. John
T. Doyle, Chairman.
a
A
Present: Messrs. Dc -1e, :-;airman, Campbell , PattoA and
Nenninyer of :r-t- Board; Mr. Jam•6 R. Neilsen,
Torn Bui:d: ,; :4,s;.ector.
' APPLIAT:ON uF EUGENE CAxF z-i, "AT_ iERMPN JACOBS
The application of E;yFre and Herman Jacobs for
aPProval of a change, of • �o -; ,nfarrT: . use of
on Grant Street in the low^ r Rye* Property situated
known as Siction 1. Block 28,
Lots 10 and 11 was presented - - application was made under
Article IV, Section 3. F, cf the Zoning Ordinance of the
Town of Rye, as amended.
The Chairman read ^r ._ felt �f Hearing and the Affidavit of
Publication. sF *
owing the no �co was published in- the Daily Item
under date of April 11, 1958,. '.'te above documents were received
and ordered filed. A publicati . r. fee of $6.09 was collected from
f the appellants and a recolp*
The Chairman read a let.te: fated March 27. 1958 from the
+ Lam Offices of ;dr. Samuel ;`,al, addressed to the Building
Inspector of the Town of F.� •, :e i a Live to the above application.
The ,letter was received and :_ .Pz; d filed.
The Chairman asked the Eu: laing Inspector for his comments,
The building Inspector state,i an application fora building
i
ptrMit was denied.
A plan of proposed improvement to above premises was presented
to sSmbers of the Board . The plan was received and ordered filed.
5
Mr. Samuel Blumenthal , it �arney for the appellants addressed
the board. He gave a resume :,f :,Ire Jacobs busi► oss, stating his
father feunded this business arc that same has been in continuous
operation for almost sixty years ,, He stated Mr. Carotza became
associated with Mr. Jacobs in th* produce business upon the death
of Mr. Jacobs ' father.
Mr. Blumenthal outlined tt..E operation of the b
E stating the following: usiness,
1: Two largo -trucks operate from the New Yprk market
to Port Chester .-I a 2 day per week schedule,
2. * true op4ratfs from the New York market to
Port Chester on the other 3 days. These trucks
are maintained and garaged in. New York City.
Drivers are union employees. Trucks are returned
a
to Now York City after unloading.
3. Trucks arrive from Now York City approximetel�t
5t00 A.M. , unload, and leave approximately 7s00 A.M.
4. Jacobs and Carcaza have four small delivery trucks
and employ three drivers in addition to the above.
They also employ one inside man and a combination
Sedretary-Bookkeeper. The employees have been
with the company from fifteen to forty years.
Mr. Blumenthal stated he felt the objeetions were the result
of inidequate understanding of what the business actually
consisted.
Mr. Blumenthal stated he felt the granting of this applica-
tion would appreciate and not depreciate this property and adjacent
property. The appellants intend to grade, paint, and make other
Oonoral exterior improvements, for which a permit is not required.
t He also stated he felt the Board should grant this application..
i Ahat the son-conforaing use would be to a small extent, if any,
Weat►r than its present non-conforming uso.
The Chairman asked if there were any present in opposition
to tb* granting .of this application.
Mr. '.alter G. Seely, attorney reprssentin� propert owners
rand residents of the area, addressed the Board in opposition to
fronting the application.
.Mr. Seely presented a petition sInVW by some 75 area
a sidents and property owners objecting to. and urging the denial
the application.
W. Seely also presented Affadavits of Messrs. Michael
Licari, Dominick Tucci and Angelo Bologna- an Affidavit singed
by Messrs. Anthony Siclare, Michael Licari and Roy eixler= and,
to Affidavit singed by Mr. Gerald Bologna, together with sewn
Obotographs.
The above petition and affedsvits wore resoived and ordered
Mr. Seely 'atated his contention is based on that section
of the ordinantb under which relief is sought by the appellants.
He stated, the Town Board, in it's Zoning .0rdininee, saw fit to
zone this area for residential use, that non-conforming uses are
not favored by law and should be reduced gr .oliminated rather than
e�cteaded.
Mr. Seely further stated the character and intoarity of the
T
llbnts was not questioned and did not have a bearing on the
ications being granted or denied. He urged the Board to
consider the operation of trucks in the early hours of the morning
Mr;l operation of a wholessle produce business.
_ rd. . , ;. s bound �tobs a less rat more restricted use 'of the property. sr than
The Chairman asked if any present in opposition wished to
express themselves. Following are the general comments of those
who spoke.
Mrs. Rose Bixler - 87 Gray: Street
Stated it has been pi,.— ,sed to close off Grant Street.
This would force trarfio on adjacent streets and
-present an additio-zl traffic hazard for children*1 ren
Mr. Gerald Bologna, - 86 ' Grant Street
If trucks park on the street, in case of .fire,
apparatuo 'could not get through.
Mrs. Sam Greto - 3 nest Street
t Produce wholesale market cannot poiaibly be an
improvement to the neighborhood.
At this point Mr. Blumenthal asked •to address the Board
to clarify certain points . Mr. Blumenthal stated:
1. Largo. trucks are not stored on premises. Garaged and
maikiined in New York City.
2. There would be no on-street parking of any trucks.
Ample room provided fox parking area on property.
Regarding affidavit of Mr. Angelo Bologna stating
+ rats were seen about the premises and the Protano
Garage being about 1/2 the size of the applicants
present building, Mr. Blumenthal stated that the
secretary of the produce market was present and she
has never seen a rat on the. premises. As to the
size. of the garage, only 1/2 of the present space is
now being used.
4
Mr. Campbell of the Board asked Mr. Seely if all names
f listed on the Petition were residents of the area.' Mr. Seely
statod they were.
Mr. Campbell then asked what the gendral nature of the
homes mere 14 that area. Mr. Seely replied, f or 'the most part
tb! were 2-family homes. not high priced or on large tracts of
la�:
-3-
Mr. Sealy stated they represented homes of American workman, well
naintainod and improved.
za
The Chairman asked Mr. Seel if the petition contained names
• of ! arty owners onlyy. Mr. See y replied, some of* the names are
tenants but thdir opinions are worthy of consideration.
Irc. Campbell asked why poop
M le living in .the area are so con-
cerd in ■aintai'ning the area now existing. He pointed out the 7
o�pletion of a Thru-way may cause a change in this area. Mr. r -y
Seely answered, that would be a matter of opinion and stated the
ToMn .3oard is opposing the closing of Grant Street and he believes
the residents want the residential character of the area maintained.
. The Chairman asked Mr.' Blumenthal to explain his statement
So" previously' -that the non-conforming use would be to a small
extent, if any, greater than Its present non-conforming use. Mrs
llumenthal replied, he intended to state that the non-conforming
use would be of a more restrictive nature than . the present.
Mr. Blumenthal commented on the general area stating that it
contains two or three enterprises and some other non-conforming uses.
He stated the appellants contemplated no structural changes exeept
for the- installation of a blower system, refrigerator, and two rest.
romw as required by law.
The Chairman asked the time of day the business C1664da Mr,
UWWthal replied, normally, there isno busin"s after 1JS0 p.m*
but the office remains open until 5.00 p.s.
At this point the Board recessed to discuss the application.
The Board reconvened at 9.50 p.m.
The ChaI rman called for a Motion. Mr. Campbell stated, decis-
ion in this matter was difficult. It is• the duty of the Board to
uphold the Zoning Code and after a lengthy discussion he believed
the Motion to be presented was a proper motion under the circus-
Mr. Campbell mewed the Petition to continue the non-conforsi-
jr4 use be denied under Article IY, Section 3 F. (3) c. on the basis
that the use intended by the Appellants would be of a less sestrictod
nature than the present non-conforming use of the property. The Motion .
was seconded by Mr. Patton.
Thq vote of the Board follows:
1Nissrs. Campbell in favor of Motion
Patton •' "
Henninger- " • •
Doyle
e
OF
OFFICE OF TOWN CLERK
f >: TOWN OF RYE
s
vnJ'�C ]O PEARL STREET
yESTER PORT CHESTER, N. Y.
L. LESLIE COMSTOCK
PHONE: W ESTMORE 9.0250
TOWN CLERK
April 18 , 1958
Mr. Charles D. Patton, Jr. , Secretary
of the Zoning Board of Appeals
209 Irenhyl Avenue
Port Chester, N. Y.
Dear Charlie:
I am enclosing, herewith , a copy of the
notice of the public hearing to be held by your
Board on April 23rd , 1958 , together with affidavit
of publication and a list of property owners to whom
copies of this notice were mailed on April 8th,
1958.
The Daily Item bill for the publication
of this notice was sent to Mr. Herman Jacobs by the
Town Comptroller on April lath, 1958.
Very truly yours ,
L. Leslie Comstock
LLC: CR Town Clerk
Enc1s. (3 )
* OFFICE OF THE ASSESSOR
r+ ; TOWN OF RYE
TER 10 PEARL STREET
yE'S
PORT CHESTER. N. Y.
WILLIAM M. EKLUND PHONE: WESTMORE 9-2953
;2 c' c1 �� -�4�G� �•'� �f t�
ZONING BOARD OF APPEALS
NOTIC` IS FER�tlY GIKN THAT A MCCTINC OF THEE BOARD OF APPEALS
OR THE TOWN OF RYE WILL BE HELD ON WED61ESDAY# APRIL 2:3RD# 1958#
7
AT 8=00 P,PI, AT THE TOWN ROOMS# 10 PEARL STREETS PORT CHESTER# NEW '
YORK# TO CONSIDER THE FOLLOWING APPLICATIONS
THE APPLICATION OF :;UGENE CAROZZA AND HERMAN
JACOBS FOR APPROVAL OF A CHANGE OF A NON—
CONFORMING USE OF PROPERTY SITUATED ON GRANT
STREET# IN THE TOWN OF RYES KNOWN AS SECTION If
BLOCK r-8# LOTS 10 AND 11,
THIS APPLICATION IS MADE UNDER ARTICLE IV#Fj(3)C• OF THC
ZONING ORDINANCE OF THE TOWN OF RYE# AS AMENDED,
ALL PARTIES IN INTEREST AND CITIZENS WILL BE HEARD BY THEl-a,,Y/,YG
BOARD OF APPEALS AT THE PUBLIC HEARING TO BE HELD AS ArORESAID•
FURTHER NOTICE IS HEREBY GIVEN THAT AT SUCH T114E AND PLACE
z0/Y//V(v
ABOVE MENTIONED THE BOARD OF APPEALS WILL ACT IN RELATION TO SUCH
APPLICATION•
0ATEDI APRIL # 195B•
CHA-ALE S D. PA TTON JR,
HA"L£`i D, PATTON# Jr,,, SECRETARY
BOARD OF APPEALS OF THE Town OF Rr
t
* OFFICE OF THE TOWN ATTORNEY
°` T13WN ❑F RYE
yFSTER
❑FFFICE
IRVING WEIN 116 NORTH MAIN STREET
TOWN ATTORNEY
PORT CHESTER, N. Y.
WE5TMORE 9-4198
A PR IL 77H, 1958
MR, JAMES R• NEILSEN, BUILDING INSPECTOR
TOWN OF RYE
12 HILLCREST AVENUE
PORT CHESTER, NEW YORK
CEAR JIM:
I AM ENCLOSING A COPY OF THE NOTICE OF HEARING ON THE
APPLICATION OF EUGENE CAROZZA AND HERMAN JAC03S WHICH HEARING
WILL BE HELD ON WEDNESDAY, APRIL c3RD, 1958.
WILL YOU BE KIND ENOUGH TO ADVISE YOUR SON TO NOTIFY ALL
OF THE MEMBERS OF THE ZONINGBOARD OF APPEALS OF THE HEARING,
GIVING TO THEM ALL THE TIME NECESSARY IN ORDER TO HAVE THAT
EVENING FREE•
CERELY YOURSO,
RVING 'WE IN
TOWN COUNSEL
IW/MC
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AFFIDAVIT OF PUBLICATION
FROM
THE DAILY ITEM
(Item Publishers, Inc.)
State of New York
County of Westchester u
LEGAL NOTICE ken Gwthl
ZONING BOARD OF APPEALS ...-..-..being duly sworn,
NOTICE 1S HEREBY GIVEN that a .............................................................................................-
meethtg of the Zoning Board of Appeals
at t he e Tow April Ryeft3rdwi l be8. gilds oo deposes and says that �'he is the principal clerk of the Publisher of "The Daily
Wedat
P. M. at the Town Rooms, I Pearl Item," a daily newspaper published in the Village of Port Chester Town of Rye,
Street, Port Chester,�New York, to con-` ,
alder the following application:
The application of Eugene carozza and Herman Jacobs for approval of a County of Westchester and State of New York, and the notice of which the
change of non-conforming use of prop
erty situated on Grant Street, In the annexed is a printed copy was published in said newspaper on the following dates
Town of Rye, known as Section 1, Block
28, Lots 10 and 11.
This application is made under Article of publication:
IVj0,f31c. of the Zoning Ordinance of �}
the Town oI Rye, as amended. April 11. Y958
All parties In interest and citizens will
be heard by the Zoning Board of Ap- »...........................................................................................................................................
peals at the publia hearing to be held
as aforesaid..
further notice is hereby given that4
et ■uch time and place above mentioned ••••••••
.....»........................................,.....».................................».......,...........,.................,.....
the Zoning Board of Appeals will act
In relation to such application. 1�
Dated: April 8. 195B. .Signed .............». ......... ..... .. ............».»......_.....,. .............._.....�..�...»
CHARI,E3 D. PATTON, .IR_
Secretary Zoning Board of
Appeals of the Yown of Rye
4-11
this.......1� .... y of....».Apra............................................ 1958.
�^ r. G. EON
Notary Public. Wafsa6eaur C6ttta hdjA Na �estch0530 1959
a,�e��Irr,QE><Pir°s Mach
9 9
F
PETITION.
•
i
WALTER G. SEELY
ATTORNEY AND COUNSELLOR AT LAW
125 NORTH MAIN STREET
PORT CHESTER
NEW YORK
Anri1 16 , 1958.
To the Board of Appeals '.
Town of Rye.
We, the undersigned, respectfully object to and urge
denial of the Application of I`ugene Carozza and Herman Jacobs
for "approval of a change of a nonconforming use of property
situated on Grant Street, in the Town of Rye, known as Section
1, Block 28, Lots 10 and 11" because
1. On information and belief said premises do not
legally enjoy a nonconforming use for the purpose for which
they are now used.
2. The contemplated use will result in a traffic
condition dangerous to the many children who now play in the
streets of this residential section*
3. The contemplated use will depreciate the value of 4
the homes in which we live or which we own..
4. Nonconforming uses are not favored by the Law and
should be reduced or eliminated rather than extended•
Witnes as to Mark Name Address
!, <I
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Witnegis as to Mark Name Address
00,
117
917
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Page E.
Witne s as to '_::ark IKE= Address
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77
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LAw OrrICES
SAMUEL BLUMENTHAL
BAR BUILDING
199 MAIN STREET
WHITE PLAINS,N.Y..
SA.M UEL HLIIMENTIIAL
Louls BLUMEXTH8 TELEPHONE WHITE PLAINS 9-1012
February 27, 1958
Mr. James Neilsen
Building Inspector
Town of Rye , New York
Re : ?remises known as Sec. 1,
blk. 281 Lots 10 & 11 ,
Town of ii e
Dear Sir:
I represent Eugene Carozza and herman Jacobs of t'ortChester,
New 'York , purchasers of the above described property under an execu-
ted contract of sale.
Enclosed herewith please find plan of proposed improvement
to said premises , for which a building permit is requested.
The premises are now and have been occupied by John J.
Protano as a garage for trucks and construction equipment and for
storage and distribution of L-ravel, cinders , stone, diesel fuel in
drums and other building materials. This is permitted under the
Zoning Ordinance , Article IV - Regulations , Section 3 , Supplementary
Regulation - General, F.-Non-Conforming Uses.
Mr. Carozza and i�ir. Jacobs desire to continue the use of
the premises for garage purposes and for the stora8e and distribution
at wholesale of fruit and produce which will be kept inside the build-
ing. No retail sale thereof is intended.
Permit me to refer you to Article 1V, Section 3 . F (3 ) C
of the Zoning Ordinance which permits a change of a non-conforming
use to another non-conforming; use which , in the opinion of the board
of Appeals , either by general rule adopted on a request by the Build-
ing Inspector or on a specific finding, on appeal of a particular case ,
is of the same or of a more restricted nature.
It is submitted that the use which is intended in the future
(garage of trucks and storat-,e and distribution of fruit and produce
which will be kept inside the building) is not only a use of a more
restricted nature but an improvement over the present use whereby gravel,
cinders , stone , oil drums and other building, material is kept and main-
tained on the outside of the building and scattered over the plot .
2
It is respectfully requested that in accordance with the
section of the Zoning Ordinance hereinabove referred to , you request
the Board of Appeals to adopt a general rule declarin6 the intended
use hereinabove set forth to constitute a non-conforming, use and
that you issue a building permit to enable the improvement shown on
the proposed plan to proceed.
Very tru yours ,
SB�cd S1��iUEL BLUPiENTHAL
Encl.
,gyp aF spy
•to �: OFFICE OF TOWN CLERK
Y TOWN OF RYE
�jC 40 10 PEARL STREET
TER PORT CHESTER. N. Y.
L. LESLIE COMSTOCK
PHONE: WEBTMORE 9-0250
TOWN C4.ERK
March 20, 1958
Mr. Charles D. Patton, Jr. , Sec.
of Zoning Board of Appeals
209 Irenhyl Avenue
Port Chester, N. Y.
Dear Charlie :
I am enclosing, herewith, notices of
hearings to be held by your Board on March 25th,
1958 , together with the Affidavits of Publication.
Also enclosed are lists of property owners to whom
copies of these notices were mailed on March 13th,
1958.
The Daily Item bill for these publications
are being mailed direct to the Appellants by the
Town Comptroller.
Very truly yours,
rAolaol.
L. Leslie Comstock
LLC:CR Town Clerk
Encls. (4)
AFFIDAVIT OF PUBLICATION
FROM
THE DAILY ITEM
(Item Publishers, Inc.)
State of New York
County of Westchester ss
LEGAL NOTICE
BOhRD OF APPEALS Jean Cerathi being duly sworn,
NOT1cE I8 HEREBY GrVEN that a ......................................... ...... —
............----- .......-----------
meeting of the Board of Appeals of the
M>Fah 25 h, 1958.of Rye WIll at 8 00 P.held nM.Tuesday,
deFoses and says that She is the principal clerk of the Publisher of "The Daily
Che ter.RN ws York, to consider PearlStreet.the fol- Item," a daily newspaper published in the Village of Port Chester, Town of Rye,
lowing application:
and Herman Jacobsoforu pproval otza County of Westchester and State of New York, and the notice of which the
change of A non-conforming use of prop-
erty sttuated on Grant Street, in the
Town of Rye, knnn' as Section 1, Work
is a printed copy was published in said newspaper on the following dates
28. Lots 10 and 11.
T This application is made under Article of publication:
V, P. (3) c. of the Zoning Ordinance
of the TnA,n of Rye ,as amended.
All parties in tr,teres�t and citizens i' E.'.r c
will be heard by the Board of Appeals
at, the .........................................._.............................................,..................................-.....................
Public hearing to be held as
aforesaid.
Purher notice is hereby given that at.
thesuchtime and place above mentioned .........................._..................... ........................_...............................-•.------.
Board of A .............................
tlon he t ppeals will act in rela-
o such application. Q
Dated: March 11th, 1958. ,r
CHART,Fq D. HAT Si ....... ................. .........................e... ..........---._..............._._--...._...._.
iCharles n. Patton, Jr,i 8ec�reta q
Board of Appeals of the Town of Rye
3-14
Sth March �8
...,,,... dad► a#.......... ..... .. ...............
.....,, ,�..�..
NOTARY PUDLIC c. 'uARTZELL
—. . STATE OFEORK
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In
Notary Public, Westcheatot Co ry Term F"P"ewMa Cj,asfer Coh�ty
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,�o F
* OFFICE ❑F THE ASSESSOR
�n TOWN ❑F RYE
sic+ 4°
yfsrea 1❑ PEARL STREET
PORT CHESTER, N. Y.
WILLIAM M. EKLUND PHONE: WESTMORE 9-26S3
ASSESSOR
- /? -
P7 ne
�� PC
WARD OF APPE-. 5
NOTIQc 1•13, HEREBY GIVEN THAT A MEETING OF THE BOARD OF APPEALS
OF THE TOwN or RYF WILL BE MELD ON TUEsDAY., MARCH 25TH, 1958, AT
8100 P.M., AT THE *rowN RoaMSr 10 PEARL STREET., PORT CHrSTEHy NEw
YORK, TO CONSIDER THE FOLLOWING APPLICATION;
THE APPLICATION CIF LUOENE CAROZZA AND HERMIAN
JAC09S FOR APPROVAL OF A CHANCE OF A WON—
CONFORMING USE OF PROPERTY SITUATED ON
GRANT STREETr IN THE TOWN of RYIEO KNOWN AS
EATION 10 BLOCK 28) LOTS 10 AND 11 .
THIS APPLICATION I5 MADE. UNDER ARTICLE IVY, Fa (3) C• OF THE
ZONING ORDINANCE OF THE TOWN OF RYES AS AMENDED*
ALL PARTIES IN INTEREST AND CITIZENS WILL DE HEARD BY THE
BOARD OF APPEALS AT THE PUBLIC HEARING TO BE HELD AS AFORESAID*
FURTHER NOTICE IS HER+ENY GIVEN THAT AT SUCH TIME AND PLACE
ABOVE MENTIONED THE BoARO OF APPEALS WILL. ACT IN RELATION TO RUCK
APPLICATION♦
DATED; MARCH IITHp 1956,
CHAFES 0. PATTON, JR.
CHARLE° 0, PATTONS, JR., SECRETARY
BOARD OF APPEALS OF THE Town OF RYE
Ilia
1�_
March 25, 1958
Board of Appeals
Town of Rye
Town Offices
Portchester, N.Y.
Re: Premises known as Sec. 1,
Blk. 28, Lots 10 and li,
Town of Rye
Gentlemen
The undersigned are purchasers of the above
described property under an executed contract of sale with
John J. Protano and Vera Protano, his wife, which premises
are now , and have been , occupied by John J . Protano as a
garage for trucks and construction equipment and for storage
and distribution of gravel, cinders, stone , diesel fuel in
drums and other building materials . This is permitted under
the Zoning Ordinance, Article IV - Regulations , Section 3 ,
Supplementary Regulation - General , F.-Non-Conforming Uses.
It is desired W continue the use of the
premises for garage purposes and for the storage and distri-
bution at wholesale of fruit and produce which will be kept
inside the building.
A plan of proposed improvement to the
premises has been filed with the Building Inspector of the Town
of Rye and a building permit requested.
Article IV, Section 3 . F(3 ) C of the Zoning
Ordinance permits a change of a non-conforming use to another
non-conforming use which, in the opinion of the Board of
Appeals , either by general rule adopted on a request by the
Building Inspector or on a specific finding on appeal of a
particular case , where the use is of the same or of a more
restricted nature.
It is respectfully submitted that the use
which is intended in the future (garage of trucks and storage
and distribution of fruit and produce which will be kept
inside the building) is not only a use of a more restricted
nature but is an improvement over the present use whereby
gravel , cinders , stone , oil drums and other building material
is kept and maintained on the outside of the building and
scattered in a disorderly fashion over the plot .
If, in the opinion of the Board, conditions
1 for the maintenance of the proposed non-conforming use
should be imposed, we respectfully suggest the following
conditions as reasonable and proper:
1. All merchandise and produce is to
be stored and kept inside the building on the premises.
2. No refuse is to be permitted to
accumulate on the premises ; all refuse containers,
if any, are to be covered and all refuse is to be
carted away from the premises daily.
3. Exterminator service is to be
maintained so as to keep vermin and rodents from the
premises.
k. The operation and proposed use on
the premises is to be conducted in an orderly way, in
accordance with all laws, rules and regulations of
Town and other governmental authority.
It is respectfully requested that the hoard
of Appeals adopt a general rule declaring the proposed use
a proper non-conforming use in accordance with the section
of the Zoning Ordinances referred to .
Respectfully,
.v
SAMIUEL BLUMENTHAL
Attorney for Applicants
Office & P.O. Address
199 Main Street
White Plains, New York
-2-
i
The undersigned owners of property designated
on the Tax Assessment Iwlap of the Town of Rye by the
section, block and lot numbers stated, hereby consent that
the property known on the Tax Assessment Map of the Town
of Rye as Section 1, Block 28, Lots 10 and 11 and being
in a R 2 F Zone may be continued to be used for Garage
purposes and used for the storage and distribution of
fruit and produce at wholesale , and further consent that
the Zoning Board of Appeals of the Town of Rye approve
the necessary variance to permit said use.
Dated: February 1958
Ae-rar- Sec.1, Blk. 2$, Lots 10 & 11
ohn 0. Protano
Vera Protano
F
Sec.1, blk. 2$1 Lot $
Anthony Siclare
Sec.1, blk. 2$, Lot 12
his .P c e
Q. Sec.1, blk. 2$ 1 Lot 13
hn Pina
` Sec.1, Blk. 27, Lot 16
Angel. Bologna
Sec.2, Blk. 119, Lot 11
Mic D mb s a
Sec.1) blk. 2$, Lots 10, 13 ac 14
Paolo Prochilo
7 Sec .1, Blk. 27, Lot 17
ohn Tucci, Jr
March 24, 1958.
To The Board of Appeals,
Town of Rye.
We, the undersigned, respectfully object to and urge
denial of the Application of Fugene Carozza and Herman Jacobs
for "approval of a change of a nonconforming use of property
situated on Grant Street, in the Town of Rye, known as Section
1, Block 28, Lots 10 and lln because
1. On information and belief said premises do not
legally enjoy a nonconforming use for the purpose for which
they are now used.
2. The contemplated use will result in a traffic
condition dangerous to the many chuldren who now play in the
streets of this residential section.
.i
3. The contemplated use will depreciate the value of
the homes in which we live or which we own.
Witness as to Mark Name Address
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OBJ 'CTIores
WA,LTER G. SEELY
ATTORNEY AND COUNSELLOR AT LAW
125 NORTH MAIN STREET
PORT CHESTER
NEW YORK
March 24, 1958,
To the Board of Appeals.,
Town of Rye.
We, the undersigned, having signed a request for
authorization of the establishment of a produce market on
premises located on Grant Street in the Town of Rye and known
as Section 1, Block 28, Lots 10 and 11, do hereby withdraw
our approval and ask that our names be stricken from the
instrument previously signed by use At the time we signed said
instrument we did not fully understand the matter.
Witness s As To Mark Name Address
4
e
cam- � � _
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In the liatter of the Ar-Dlica
ti.on
Of
ECGMTE CAE OZZA and MP,AN
JACOAS for arDroval of a
change of a nonconforming
use of property situated on
grant Street, in the Town
of Fye, know as Section 1,
Block 28, Lots 10 and 11.
AFFIDAVITS IY OPPOSITION.
WALTER G. SEELY
ATTORNEY AND COUNSELLOR AT LAW
126 NORTH MAIN STREET
PORT CHESTER
NEW YORK
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In the Matter of the Application 4
Of
EUGENE CAROZZA and HERTIATT JACOBS for approval .
of a change of a nonconforming use of
property situated on Grant Street , in the Town
of Rye, known as Section 1 , Block 28, Lots 10
and 11.
tt 1191f it fl li 1119 11 It It It If ft ti lti 11 it it 11 11 1i till 11 T1 IT TI 11 if film flit 11 111911 tl T1 tt TT119"ti t11110X
STATE OF NEW' YORK, }
SS . ;
COUNTY OF WE5 TC H S TER.
ANTHONY SICLARF, residing at 95 Grant
Street, MICH'AT-M LICARI, residing at 95 Grant Street and ROY BIXLER
residing at 87 Grant Street, all in the Town of Rye, New York,
being duly sworn, severally depose and say as follows :
To the knowledge of each of us n1r . Proteno was
originally engaged in the landscape business and had decorative
shrubs in front of his garage . He later went into the contracting
I
business and the sand and gravel and heavy machinery now stored
on the premises have been there for about three years . The oil
drtuns now stored on the premises have been there for less than
two years . The trucks used by Mr. Protano leave his premises
prior to the time that children of the neighborhood go to school
and so do not constitute a traffic menace to our children.
Sworn to before me this
,Z a ti�Pday of April, 1958.
WALTER G. SEELY d Nofar}+ Public, State of New York
No. 60-8903500
(qualified in Westchester County
Term Expires Mar^h 30, I-360
It 1t 11 It 16 It 11 1t It It it I1 1t It t1 11 11 11 11 1t It t)It If It It it tl It IS,It It 1t It If it It IS It 11 tt 11 It t1 t1 It n tt twx
Tn the Fatter of the Application
Of
EUGENE CAROZZA and HUMAN JACOBS for a-proval :
of a change of a nonc onf arming use of
property situated on Grant Street, in the Town
of Rye, known as Section 1, Block 28, Lots 10
and ll•
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STATE OF NEV YORK, )
)SS . ..
COUNTY OF WM TC Fib TM. )
MICHAEL LICARI, bein7 duly sworn, deposes
and says :
I reside at 95 Grant Street , in the Town of Rye,
New York.
I have frequently been on Palmer Place and know that
large trucks belonging to the applicants above named Leave for
the market in New York between 11:30 Pe Me, and 12:30 A. Me
They return so that smaller trucks may pick up produce, beginning
at 4:30 to 5 A. M., and continue picking up produce until 12
o ' clock noon, thus this business operates at its present location
for about twelve hours a day, ending at twelve o' clock noon. I
know that the number of trucks coming to the applicants premises
either to deliver or distribute produce are much greater in
number than the trucks now being used by ?'fir. Protano. PRany of
them are larger trucks . I therefore submit that since a '.produce
Company must operate during the hours normally devoted to sleep
by the residents of the Grant Street area the proposed non-
conforming use would be much more extensive and more detrimental
to the neighborhood than the use now being made bj Mr. Protano
Sworn to before me this -
3-'u day of April, 1958.
WALTER G. SEELY
Nofary Public, State of New York
No. 60.8903500
Qualified in Westchester County
:berm lizpires March 30, 1960
n 11 11 n 1t Tilt 1111 ltt till i1 t111 tT,191t it 11 n Tit ttt tt Tt tt 10 Milt It M m it R"T1 1T 1t lli TT Y
In the Matter of the Application .
Of •
GENE CARO_"ZA and HERMAN JACOBS for approval
of a change of a nonconforming use of
property situated on Grant Street, in the Town
of Rye, known as Section 1, Block 28, Lots 10
and lI• ;
it 11 tl"It fill 1t till lilt lilt TI TT T1 11 11 1t it i1 1111 tT tl t1 It It IT Tt tf 11,11 lilt 11 n 11 tt tl"1tt ti tP TAtt It X
STATE OF N. PORK, )
)SS . :
COUNTY OF WES TCHE:S TF.R. )
DOYENICK TUCCI, being duly sworn, deposes
and says :
I reside at 5 West Street, in the Town of Rye, New
York•
I am now in charge of the fruit and vegetable departmen
at a Super Market in White Plains . I was formerly employed
by a Produce Merchant who purchased supplies from the above named
applicants at their Palmer Place address .
I have seen rats p which. I know are attracted to such
a produce businesst at the Present place of business of the anDlic nts
I also know that produce from the markets in New York
is delivered to the applicants place of business between four and
five o ' clock in the morning and that Produce Alerch.ants wishing
to buy arrive at about the time the wholesale trucks reach the
premises , in order that they may get fresh fruit and vegetables
to be sold by then. I know also that it is necessary for stores
to receive deliveries at the time they open in order that they may
have fresh fruit and vegetables for sale to their customers .
Sworn to before me this '
i
;z--Z "1day of Arril, 1958.
WALTER G. SEELY
Notary, Public, State of New York
No. 60-5903500
Qualified in Westchester County
Term Expires Marsh 30, 1'4a O
till it till it rt tt►t►1 tt tt rt 1111.11 it 1►1r t►►r rt►n fill 11 tC tt lit?rl It►t 1111 Ilr rl tt lu In It 1t►►►►'►t"tt tt►1 11 x
In the Matter of the Anplication
Of
,UGENF. C ARO7 ZA and HFRMAY JA.0 OBS for anpro val
of a change of a nonconforming use of
property situated on xrant Street, in the Town
of Frye, known as Section 1, Block 28, Lots 10 and
11.
it r►it tt tr►t t)lift it r►►P 11?III 11 tt 11 11 if 11►t 11 it lift it 11 1t t1 tt tt►t►t tl t►rt rl 11 ft rs th rn it t1 rt 11 rn r4 t!X
STATE OF NEW YORK, )
)SS . :
COUNTY OF WES TC HES TER.)
ATTGFLO BOLOGNA, being duly sworn,
deposes and says :
I reside at 3 West Street, in the Town of Rye, New
York.
I formerly worked for the above named applicants at
their place of business on Palmer Place.
I frequently saw rats about the premises and I recall
one particular occasion when I picked up a sack of potatoes and a
rat, the size of a small cat , ran out from where the potatoes had
been placed.
I am familiar with the garage and storage place used
by the applicants at their present location and I am familiar with
the size of the Protano garage. The Protano garage is about half
the size of the building now used by the applicants on Palmer Plac ,
which of necessity will make it necessary for them to use the land
in front of the Protano garage to a greater extent than if the
garage were anlarged as they originally planned to do .
Sworn to before me this
.Z 3 � da;y of Argil, 1958.
r'
WALTER G. SEELY
Nobr9 Public, State of New York
No. 60-8903500
qualified itl Westchester la Count 0
Term Expires
it 11.tl it tl 0 It it It it till it till 11 tt to tt tt tt 11111W It fin n nr"11 tttn n tk tin tin 11 fr n tt 1111vit tf to tf ttx
In the Matter of the Application
Of •
EUGENE CAROZZA and HERIJAN JACOBS for approval
of a change of a nonconforming use of
property situated on grant Street, in the Town
of Rye, known as Section 1, Block 28, Lots 10 and
ll•
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STATE: OF NIEN1 YORK. }
)SS .:
COUNTY OF VPM TC'ITFS TER. )
GERALD BOLOGNA, being duly sworn, deposes
and says :
I reside at 86 Grant Street, in the Town of Rye, New
York.
In the prexence of Domenick Tueci , who resides at 5
West Street , in the Town of Rye , New York, I took the attached
photographs designated "A" thru "G", at the following times :
The one designated "All was taken at 5:30 A. T.4., on
Wednesday, April 16, 1958, and shows delivery trucks at the
premises now used by the applicants on Fabler Place, Port Chester,
New York•
The one designated "Bt" was taken showing the street
at the same place at 8 A. M., on Thursday, April 17 , 1958.
The one designated t"C" was taken at the Protano
property on "Trant Street at 5:45 A. Mo, on April 16, 1958, and
shows that at that hour there was no activity at said premises .
Those designated "V% and "F1 were taken at 7:30 A. Mop
on Thursday, April, 17 th and show the type of trucks presently used
at the Protano property at that hour in the morning.
2.
Those designated "F" and "G" were taken at 8 A. Mo.9
Friday, April llth, 1958, and show that there were no trucks
entering or leaving the Frotano premises at thJ_s hour, when
children from the neighborhood will be starting to school.
Sworn to before me this
0 3'�day of April, 19589
WALTER G. SEELY
Nofsrq Ptj2):ic, state of New York
No. -0-:901r-W
(7::nlified in ��',stchasto: G :sty
Terns Expire_
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