HomeMy WebLinkAboutZBA1951 MINUTES OF MEETING OF THE ZONING BOARD OF APPEALS
OF THE T019N OF RYE, NEW YORK, HELD AT THE TOWN
HALL, #10 PEARL STREET, PORT CHESTER, NEW YORK,
FEBRUAR Y 26, 1951.
Meeting of the Zoning Board of Appeals of the Town of Rye,
New York, was called to order at 8:20 P.M. , February 26, 1951 , by
Harvey S. Quigel, Chairman.
Present :
Harvey S. Quigel )
F. M. Wallace ) Members of the Board
C. A. Campbell. . . . Absent
C. C. Smith. . . . . . . Absent
Charles Kelly. . . . . Absent
George 0. Becker, Town Attorney
James Neilsen, Building Inspector
Frank Napoli, petitioner
Mr. Quigel, as Chairman, announced that because a quorum
of the Board was not present the Board could not act on the
appeal of Frank Napoli, and the hearing would have to be ad—
journed to a future date.
Mr. Quigel fixed March 12, 1951 as the adjourned date
and so advised Mr. Frank Napoli, the petitioner.
Chairman
MINUTES OF MEETING OF THE ZONING BOARD OF APPEALS
OF THE TOWN OF RYE, NEW YORK, HELD AT THE T079N
HALL, #10 PEARL STREET, PORT CHESTER, NEW YORK,
MARCH 129 1951.
The meeting of the Zoning Board of Appeals of the Town of
Rye, New York, was called to order at 8 :10 P.M. March 12, 19519
by Harvey S. Quigel, Chairman.
Present:
Harvey S. Quigel }
C. C. Smith }
F. M. Wallace ) Members of the Board
C. A. Campbell )
Charles Kelly. . . . . . Absent
George 0. Becker, Town Attorney
James Neilsen, Building Inspector
Frank Napoli, petitioner
1
Mr. Quigel asked Town Attorney George 0. Becker to act
as temporary secretary of the Board because of the absence of
Charles Kelly, the Secretary.
Mr. Quigel, as Chairman, read the public notice and
filed it with the Secretary , together with receipt of the Daily
Item of $5.95 covering the costs of advertising. It was noted
that the advertising charge was paid by Frank Napoli.
Mr. Quigel asked Frank Napoli to come forward and state
to the Board the basis for his appeal. Mr. Napoli stated that
he owns Lots 2-22 and 2-21 in Block 20, Section 1 on the
Assessment Map of the Town of Rye. The property is located
at the corner of Division Street and Westchester Avenue; the
parcel is an irregular parcel having frontage of 38.54 feet on
Westchester Avenue, 67,50 feet on Division Street, 102.16 feet
on the Southerly side and 116.21 feet on the Northeasterly
side. Mr. Napoli presented a sketch, prepared by his con—
tractor, showing the proposed location of the house on the plot.
The sketch was received and placed on file as part of the pro—
ceedings. The size of the house would be 40 feet in front and
36 feet in depth. Since the Ordinance requires an 8 foot side—
line setback, a variance will be necessary because the house,
as proposed, would only permit a 5 foot sideline setback on
the Southerly side, The Ordinance also calls for a 25 foot
setback from the rear line of the property to the rear line
of the house and, with the proposed size of the house, there
would only be a 17 foot setback. Mr. Napoli explained that
he is the owner of the property to the South.
The Chairman then called on the Building Inspector to
explain his reason for denying the Building Permit to Mr.Hapoli.
bir. Neilsen stated that the property in question is located in
the Residence C Zone and the sideline must have not less than
8 feet and the rear setback must be not less than 25 feet. He
added that it would be difficult to set the house on the plot
In any manner without a variance; that because the lot was ir—
regular in shape and because of the size of the area of the lot ,
a variance is required to permit the construction of even a
small house.
Members of the Board inquired whether or not the house
could be relocated again and. Mr. Smith asked Mr. Neilsen if the
house could be reduced in size. Mr. Neilsen stated that the
contractor, Mr. Caruso, told him he thought the house could be
reduced in size, but Mrs. Napoli stated she would like to have
the house 40 by 36.
It was then noted by Mr. Quigel that nobody appeared in
opposition at the first , adjourned hearing and that there was
no one present at this hearing in opposition to the appeal.
Mr. Campbell then moved, by resolution, in favor of the
petitioner, a copy of which resolution is attached to these
minutes, seconded by Mi-. Smith. On roll call the following
vote was made:
Mr. Smith. . . . . . . . .Yes
Mr. Wallace. . . . . . .Yes
Mr. Campbell.. . . . . .Yes
Mr. Quigel. . . . . . . .Yes
There being no further business, the Board adjourned.
RESOLVED, that the application of Frank Napoli
for a variance upon premises located at the corner of
the South side of Westchester Avenue and the West side
of Division Street , in the Town of Rye, and known as
Section 1, Block 20, Lots 2-22 and 2-21 on the Tax and
Assessment Map of the Town of Rye, permitting a 5 foot
sideline setback on the Southerly side of the plot ,
and not lees than a 17 foot rear line setback, be
granted, all provided the petitioner complies in all
other respects with the Building and Zoning Ordinance
of the Town of Rye.
T hereby certify that the foregoing resolution
is a true copy of the original resolution adopted by
The Zoning Board of Appeals of the Town of Rye at a meeting,
per quorum, held at the Town Mall, 10 Pearl Street , Port
Cheater, New York, March 12, 1951.
Chairman,
Zoning Board tofAp ,
Town of Rye.
PUBLIC NOTICE
PUBLIC "NOTICE IS HEREBY GIVEN that an. appeal of
FRANK NAPOLI, of �b Division Street;, Fort Gheatey,, NewYork,
from the dec.lsion of the �uildlr Inspector denying a permit
for the construction of & one-.Family rPaldence beeause the
construction of same will not comply with the Drescribed
yard size required by the Zoning Or"I nance of the Town of Rare
and as heretofore approved by variance , and for z: further
variance upon premises ?geared at- the 'corner of the ao=ath
side of WestcheFter Avenue and the west side of Division
Street, in the Town of h.ye, and knotin as Section 1, Block 2.0,
Lots 2-22 and 2Q21 on the To: and Assessment 1467) of the Town
of :dye, vi ll be heard st the 'Town Roor:ls, 10 Peerl Streel�-,
?port Chester, New York, on the 20th day of June, 1951, at �
o ' clock P.P. , and later by adjourrice3nt , if necens ry. .
FUR`i'TER NOTICE IS UEREBY C,-IVEN that a Such time
and mace above men-tioned, the Zoning Board of Aproeala
act in relation to said srpeal Pnd apnli+cation for f.irther•
wiirlance .
Mated: June 11, 1951-
JJARVE Y C3. QUIGEL,
CHAIt ;M, Zoning Board of Appeals,
Town of Rye
V
OF RyF
x * OFFICE OF TOWN ATTORNEY
TOWN OF RYE
113 NORTH MAIN STREET
'S`ESTER PORT CHESTER, N. Y.
GE❑RGE ❑. BECKER
ToW'N ATTORNEY (SORT C•'HEST'ER 5-3300
June 25 , 1951.
Mr. Charles Kelly,
Secretary, Zoning Bd. of Appeals,
110 Westchester Avenue,
Port Chester, N.Y.
Dear Charlie,
Enclosed hereT-:ith are the bills of the
Daily Item for publication of the Napoli and Kilzer
applications, duly receipted and showing payment on
June 21, 1951.
Sincerely,
LaV. George 0. Becker
Enclosures.
TOWN OF RYE ..................6l2°/-5!------------------19..........
10 PEARL ST.
PORT CHESTER, N. Y.
To._ 'he_Dail --Item ( Item Publishers, Inc . }.Dr.
..... .............. ---- ......
Address-----59--- e_qtchester Ave
PoriChest er �-_-
= --.....---------------------------------------------------
Services Rendered As......................................................................
Dates Claimed Allowed
June 1" - Official Che rge : P,ibl1 catio n
"Zoning A ope al_,Napoli" - --_
17 lines June 13, 1951 6
yet �i11� kill*I � -
�,�ct fixes
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hlnTl:. Al I RII I C U1 KT RP gIf�NF:I) ANIn CZWORM M f r%vjmr1
CoumrY OF WEs*rcHESTrR
STATE OF NEW YORK ss.
TOWN OF RYE
William iam R. P a..to rs on Jr.
................................ ... ._ .......... ......being duly sworn, says that he is
P r i nc ids C l e rl{ of thea.i 1s,.- ri d.lamed in the
(Proprietor, Member or Officer)
foregoing account; that the items named therein and charges made are just and correct; that the disbursements and services
charged for therein have been in fact made and rendered; that the articles charged for therein have beenn actually furnished;
that no part of said account has been paid or satisfied, that there are no offsets against the same, and that the amount claimed
herein is justly due and owing.
Sworn to before me this... -.f'--day of
June / Sign here.- _ :_. .....
r
Notary Public
IVIARGAR>rT V CARRO
.Notary public in the State of New nt York
Appointc-d for NV"tch rch 30, 19%
(ccr.tnissioo Ex?
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AFFIDAVIT OF PUBLICATION
FROM
THE DAILY ITEM
(Item Publishers, Inc.)
State of New York SS
County of Westchester
PUBLIC NOTICE
Anthony R. Matra
PUBLIC NOTICE IS HEREBY GIV. ................................................... ...........................................................being duly sworn,
EN that the appeal of FRANK NAPO-
LI, of 36 sion Street, Port Chester,
Ivew York. from She decision of the deposes and says that he is the principal clerk of the Publisher of "The Daily
Building Inspector denying a permit
[or the construction of a oiifamiiy Item," a daily newspaper published in the Village of Port Chester, Town of Rye,
residence because the construction or
same rJII not f0nllfl�- M111 the pre- County of Westchester and State of New York, and the notice of which the
Scribed yard q!ze required by the
Zoning ordinance nt the Town of
Rye, and for a variance. upon preen- annexed is a printed copy was published in said newspaper on the following dates
rises located at the corner of the
South side or Westchester Avenue and
the West side of Dl;,t!;Ion street, in of publication:
th,? Town of R�e. and known as Sec.
flon I- Block 20, Lots 2-22 ond 2-21 February 14, 1951
nn the Tax and Assessment Map or ....................................................................................................
the Town of Rye. will be heard at
the TuNNn Rooms, 10 Pearl Street,
Port Chester, New York, on the 26th
davof February, 19M. at 9 o'clock .................................. ....................... .....................................................................................
P.Sf.. and later' by adjournment, If
necessary.
FURTHER NOTICE IS HEREBY ji S*
GIVEN that at such time and place
above mentioned, the Zoning Board of
Appeals will act In relation to said
appeal and application for variance-
Dated: February F. 1951
TIARVEY S. QUI(-,E:T-,
Chairman
Zoning Board of Appeals, .......
..........
Town of Rye iary
......... 19
.......................... ........................................
Notary Public,.Westchester County
IM-5-49
Miss VanSteinberg
Part "heater
February 16,
The Town of Rye
The Daily Item
50 Westchester -venue
Port Chester, Now vo_•k
1951
February 14s official Ch&rge: Publication
Re."Appeal of Frank Napoli"
35 Lines February 14, 1951 @.17 5.95
0
Westchester County Publishers, Inc.
HERALD STATESMAN SUMDING
LARKIN PLAZA
Yonkers 5,5000
Yonkers 1, N. Y., ------__-------------------19____--
COMBINATION ADVERTISING: ------------------------------------------------—
- e
In following weekly newspapers
BILLS RENDERED:
North Westchester Times, Mt. Kisco------------------------- $--------- _ --
New Castle Tribune, Chappaqua----------------------------- --------------------------__
Citizen-Observer, Harrison ---------------------- _------------ ------------------------------
Larchmont Times, Larchmont--------------------------—_, ------------------------------ Total $
ADVERTISING FOR MONTH OF—_______-e_____-------—________
In Lines Amount
North Westchester Times---------------------------------------- $—-----_..---_______----__
New Castle Tribune---------------------------- ----------------- ----- -- ----
Citizen-Observer ------------------------------------------------------- ---------- --
LarchmontTimes------------------------------------------------------ ----------------------------- $ - -------
Total amount due on above combination $
Please make check payable to WESTCHESTER COUNTY PUBLISHERS, Inc.
500-a-48