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HomeMy WebLinkAboutZoning Board of Appeals 1947 SAID;UTES OF THE, ZE TING OF THE ZONING BOARD OF .Af I MLS OF M TO WIT, CF RYE. held. at the Town Hall Roo:ns, 125 170. :min Street, fort Chester, June 16, 19147. r A meeting of the Zoning Bd. of Apleals of the Town of Rye was called to order at S: 19 1.U., on June loth, 1947 at the Town Hall Rooms. lresent: 2essrs. (Zaigel, S.anith, Ferris & Bilas of the Boerd; John L. Coward, Tom Counsel; Janes 17eilsen, Bldg. Inspector. Ja:ies R. Frazer, Esq., representing C. Royal -u'razer, John I Dov^mey, .ors. Katherine F. :t'ilb enk, Mrs. 71. `:A. Allen. Everett I. Millis, Esc,. , representing The Coil pity Assn. —Torn of Pye. Ralph J. ..arasco, Esq. , rel-xsentin , School District , 5. Fabian 114 Crystal, all licant. Also, Richard B. Alton. Notice of lublic Hearing and Affidavit of 1n31icetion and Notice to lroFerty Owners sal;;* files, .,x. Crystal in support of his aI•Ilica.tion stated that the site was to be used again for a ca p, which use was suslended because of the war and lack of :materials. That, although the apllication was being made, the ca^T, would not be used this year. (,,uestionad by the following, he ;Wade the following responses., ) s. y�aigel: Since when did you olerate the card? A. 1©2J. ..s. Coward.: Are you the owner of the Irolerty? A. ; Yes. ,.r. Com,2rd: rUhan did you buy the grot,rrtyt A. One year ago. _r. 3oward: You have a ,sociates in this can: venture? A. : Yes, but I an the owner of record. :.;r. "owarei: How did you olerate the carp before the war? A. ; 'Did it for Judge Leh.ran. .,,r. Coward: Did you have a lease or other lagers? A. No. .4r. Alton : Was it for profit? A. : NO. :,ir. 3::dth Slid you get paid for it? A. �- : •VO. :.:r. Smith Are you going to charge for carp use? A. Yes, because of materials. Ur. Quite There will be a charge? A. Yes. Jir. Ferris; In other words, it is a com erciol venture? A. : Yes. ,Lr. S-with : .hat will be the c&,T,1s season or schedule? A. : :,fiddle of June to :A, &le of September. ::r. S ith : Do you conteml.kate any building changes? A. : None now. _..r. 3-,dth : 'ghat is the ceinpis cal2city in numbers of Iersons? A. : 70 boys. -s. �uigel: Will there be any Iroducts or wares for sale? A. : 170. ­r. Qu.i-;a1 How were the boys selected by Lehman? A. licked fro..a the a 2ndSt. YUHA. wr• �,ui el: Were =a rks a criterion? A. ; No. r. Coward: Who laid for the buildings, food, etc. , when the caatp was run? A. : Judge Lehman paid tl7e deficit. ..s. Qui el: How 11"ach do you propose to charge A. : 70 persons at -10 per, or t700 per weed. About ,7,000 per season. .:r. Coward : Wasn't it formerly a camp for underprivileged children? A. : Yes and no. !:managed Mr. Coward: 1ho paid the :wen who/Xi it? A. : The 44,6,4. yUHA. :Zr. ( tai_el: Is there any other 1) ,rpose for running the ca:up? A. : Yes, to defray the carrying charges on the i rol;erty. r.r. Qtaigel: Then it is merely to carry the prof erty? A. . Yes. :,:r. Quigel: If you operate at a loss, how d, -roil hone to defray the ex,eases of the -rot erty? A. : We hope to operate conservatively. rwr. Ni111s; What was. ;your relationship to the ca T, before? A. : As a director of the Y.,1HA,, without comj ensation. _Ir. Coward; Bow were any losses taken care of before? A. Judge Leh.nan underwrote any deficit? Judge Leh;nan would I-ay any deficit uton any statemeht t!ifgt I rendered. -x.Coward : According to infor.nation th t I have receited, from Blonder, Lehman paid the bills for ;Ulk. A. : 1hat is a. .tistake, bney paid for such items was on the Camp Lehman accounts not on Judge L.h:ranls individual or 1:,ersonal account. i4r. Smith Is the camp to be a youth camp? Boys and girls? A. : No, just boys. .,Ir. Ferris: What age? A. : Before adult. _s. Coward: When did you take title to the Iroperty? A. Last August. .r. Coward: When Eid the previous cai , suspend operations? A. : Af e r 1 earl Har .bo r. _X. Willis: Can any boy qualify, or is the candiddate licked from the Assn? A. : Anyone. The Assn. ;ia.intadns a camp at Cold Spring. r. Ferris; How many acres are to be used for the camp? A. About 34. Mr. Alton : Lid you intend to :maintain the cairn- yourself? A. No, I intend to lease it. Bilas .r. Chair:ran, as I see this situation from the answers elicited, the apl lication is not proper in its inherent nature. The ary licant is see<ing to re-establish a non-conforming use. Frankly, as is I see it, its former use arras a. confor:ring onaj J,idge Lehman yermitted a portion of his l rol erty to be used for a lurely charitable - 2:1 se, which was financially underwrit en by him. The ccnteiSlated use by ..r. Crystal is, as I understand his statements, not similar. In other words, the ;present application is not to re-establish the former use. 9r. Willis: Stated that zoning ordinances should be strictly enforced• that the Co.;i unity Assn. of the Town of Rye is orposed to a.n.Vrelax ng of the restrictiogs. :Soreover, that the venture see::zs commercial. x. Frazer; Questioned the procedure in that the previous use was not the same as the contenxplated use. Spoke of the general scheme of zoning and the evil of "shot-zoning". Said that he stoke to Robert J. Benjamin, Executor, and asked hLa whether the property while it was owned by Judge Lehiwz & his rife was used for any lurlose other than charity. That r. Be,jamin stated that if it was, the Judge was turn over in his grave. j .�r, Frazer mentioned also the damage that would occur to the :property owners whom he represented; I:articuiarly, from the proximity of a coanercial venture, and its concomitants. rir. -arasco: The Trumstee of School Dist. # 5 oplose the application because because the use would not be a charitable one. That it would be dangerous to rezone so lame a, tract of land, 32 acres. .:,r. Crystal; "I did not kno+r that the School District would oplose it. It I did, I would not have come here. " LfIuer _r. Crystal stated that he was withdrawing his application, "x. Frazer � a#.ec�l: s—s�restle oplosed it and urgedthat the matter be determined by the Board. After a short discussion, :. Fermis :Wade a motion to permit the ail lica,nt to withdraw. The :notion wns seconded and passed unani,nously. Motion to adjourned was .made, seconded & gassed. 'respectfully submitted: i : 101 PARK AVHIgUE: NWW'Y ORK 17, N.Y. June 9, 1947 Mr. Harry S. Quigel Woodland Drive Port Chester, New York Dear Sir: I have before me a notice of a public hearing to take place before the Zoning Board of Appeals of the Town of Rye under date of June 9th. It is my understanding that this meeting has been postponed for one week. I regret that absence from Port Chester will prevent my being present on that day. However, I desire to voice my protest to the consideration of the application of Fabian M. Crystal for a permit to reestablish a school camp, or other commercial enterprise, in violation of the present zoning laws. -My reasons for this objection are that it is easy to visualize a commercial swimming pool and camps which can very readily be turned into an inn, hot dog stands and other adjuncts that will be used in the selling of supplies, This is so far contrary to the zoning lags that again I wish to register, as above, my protest. Very truly yours, Edna Q. Crawford EGC .m June 11, 1947 �.lee Edna AG. Crawford, 101 Psrk Avenue, New York 17, No Y. Dear kadam: %fil-I UCK40WA-edge reasipt of your -18tt8z Of june nth, protesting the proposea us@ Of certtia property in tna Town of Rye, desigaated oa the tax records us loot 111, Black 5, Section 1, as a sahool and camp. Your prote�jt will be placed before the Board for its information and consid4ration at the tire 3,f the proposed hearing, aaroly on Monday IVGUiLg' Julie 16th. Very truly yourti. H. S. Q.0 igel Chairman, Zoning Board of Appeals V r e 1 ! j June 110 1947 SFr. Everett 1. Willis, Preeidamt, The Community Assoeiation-:'owa of Rye, Eillendtle Road, Porgy, Chester, N. Y. Lear Xr. Willis. This has ruieraace to your lettor o, Jgnre 7tr, releti ve to application riled by Fabien L. Crystal, for a permit for the reerataailvblab of a n n-corformina use after Etch use AS been this O vuvd fcar a pariou of one year or longer. relating to property- in the Town of Rye, for proposed use of stash property as a school auu cwmp. I heve no detailed lafor=tion concerning the proposed use of the property in queation, other than that set forth in the ctpplicatlou for a heariul. Kai hearioU is scheuuled to be hold at 8:00 P.M., Londey, Juue 16th, in the OVice of tho Supervisor of the Toga of Rye, 125 North Main Street, Port Chester, at which time tho Bosrd will be glad Co have your Atzoeiation submit its, views with respect to the application. very truly yours, R. S. �Luigel Chairm , Zoning Hoard of Appeals 1 THE COMMUNITY ASSOCIATION — TOWN OF RYE POST OFFICE: PORT CHESTER, N. Y. June 7. 1947 Harry S. �;.uigel, Esq. , Chairman of the Zoning Board of Appeals, Port Chester, New York. Pear Sir I note from a recent issue of The Daily Item that an application has been filed by Fabian M. Crystal for a permit for the reestablishing of a non-conforming use after such use has been discontinued for a period of one year or longer, relating to prop- erty in the Town of Rye, designated as Section 1, Block 5, Lot 11A, as a school and camp. The Community Association of the Town of Rye has con- sistently taken the position that existing zoning restrictions in the Town of Rye should be strictly adhered to and enforced and that no commercialization of residential areas should be countenanced. Since I do not know the facts in Mr. Crystal~ s case,. I do not know whether his application runs contrary to the principles mentioned above. If it does, I feel sure The Community Association would be vigorously opposed to it . I should greatly appreciate it if you would write to me giving me the pertinent facts in this case, with particular reference to whether the permit sought by Mr. Crystal' s application would be in conformity with existing zoning regulations and whether the grant- ing, of the permit would involve any commercialization of residential property. I would also appreciate being informed as to when and where and by what means The Community Association may express its position in the matter in case it should desire to be heard on the ap- plication. Very truly yours, Everett I . 'lillis, President,. Hillandale Road, Fort ^nester, 11T. -r. �n,�M aF RYA. * OFFICES OF TOWN ATTORNEY TOWN OF RYE 101 WESTCHESTER AVENUE CyESTER 4 PORT CHESTER, N, Y. JOHN L. COWARD TOWN ATTORNEY June 4P 1: 7 Mr. Basil Doi. Bilas Hawthorne Avenue Port Chester, N.Y. Dear Sir: Due to an error in the description describing the property as Section 2,, block 5,, Lot 11A instead of Section 1$ Block 5, Lot 11A. the Public Hearing advertised in the above inatter has to be readvertised and the meeting will be held on ,Tune 16th at the same time and place instead of June 9th. I am enclosing herewith a corrected copy of the notice. Very truly yours, 6;'John L. Coward JIC mdr Enc. PUBLTC NOTICE TAIM NOTICE that the Zoning Board of Appeals of the Town of Fve will hold a public hearing on the 16th day of June, 1947, at 6 o ' clock in the evening (Daylight Saving Time) at the Town Rooms (Supervisor' s Office), 125 North Main Street, Port Chester,, New York, to consider the application of Fabian M, Crystal, for a perrait for the reestablishing of a non-conforming use after such use has been discontinued for a period of one year or longer,, and to permit the continued use of the premises known and designated on the assessment mars of the Town of Rye as Section 1. Block 5, Lot 11A, as a school and camp, and to transact such other and further business as may properly come before the meeting. Dated: Port Chester, New York June 4ths 1947. 1 ARHY S. QUIGEL Chairman of the Zoning Board of Appeals Drip * OFFICES OF TOWN ATTORNEY TOWN OF RYE 101 WE$TCHESTER AVENUE yESTER PORT CHEBTER. N. Y. JOHN L. COWARD TOWN ATTORNEY May 27,, 1947 Mr. Basil M. Bilas Hawthorne Avenue Port Chester, I .Y. Deer Sir: I am enclosing herewith notice of public ,.searing on the application of Pabiam lyi. Crystal for perrnit for the reestablishing of a non-conforming use after such use has been discontinued for a period of one year or longer, etc. I have left a copy of this notice with the Port Chester Daily Item and requested teem to Dublish this notice on May 29th and June 5th, I have also mailed a copy of this notice to each of the members of the Zoning Board of Appeals. I have also mailed a copy to the adjoining owners and to Mr. Crystal, the applicant. Very truly yours, J John L. Coward JLC mdr PUBLIC NOTICE TAHE NOTICE that the Zoning Board of Appeals of the Town of eve will hold a public hearing on, the 9th day of June, 1947, at 8 o 'clock in the evening (Daylight Saving Time ) at the Town Rooms (Supervisor' s Office) , 125 North Main Street, Port Chester, New York, to consider the application of Fabiam M. Crystal, for a permit for the reestablishing of a non-conforming use after such use has been discontinued for a period of one year or longer, and to permit the continued use of the premises known and designated on the assessment :nap of the Town of Rye as Section 20 Block 5, Lot 1L , as a school and camp, and to transact such other and further business as may properly come before the meeting, Dated: Port Chester, New York May 27th, 1947 HARRY S. qUIGEL Chairman of the Zoning Board of Appeals