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HomeMy WebLinkAboutZoning Board of Appeals 1942 MINUTES OF UELTING OF THE 3OFING BOARD OF APPEALS OF THIS TOtff OF RYE, HELD AT THE TOWN ROOMS, 125 NO-iTE MA11V STREET, Fort CHESTERV NEW YORK, APRIL 6th, 1942. Ameetinp of the Zoning Board of ApTeals of the ' own of Rye was called to order by Chairman Quigel at 8 .16 ( E,IT) , b"onday, April 6th, 1942. Fresent: - Harvey Quigel, Chairman ) kembers of Charles C. Smith ) the Board Irving L. Ferris, Jr. ) John L. Coward Town Attorney James h. Neilsen 3uil:iinp- Inspector Chairman Quigel appointed t,r. Irving E. Ferris, Jr . as acting secretary to the Board. Chairman Quigel read the Public Notice, dated Larch 30th 1,�4 , which announced the purpose of this evening' s public meeting to consider an appeal of :.1rs. Pauline Ellenbogen, of 60 Division Street, Fort Chester, lew York, from an order of James Feilsen, 3uilding Inspector of the Town of Rye, denying a permit to convert a two family house into a four family house on the premises at 30 Division Street, Fort Chester, N.Y. , on the *rounds that the permit would violate Section 6 of the Zoning Ordinances of the Town of Rye, as the property is situated in a "residence 3" district, and a four family house is not permitted in said district, Affidavit of publication of public notice pretaining to this meeting was presented by L:r . Coward from the Port Chester "Daily Item". 'This was ordered received and placed on file. 3uilding Inspector James el.. Neilsen advises the Board that he had denied a building permit to Lrw. Pauline Ellenbogen_ for converting; the hereir.before mentioned two family into a four family house for the reason hereinbefore assigned. Chairman Quigel asked who wished to be heard in correction with this appeal. Mr. and LIrs. Ellenbogen were heard or, behalf of Lrs. Ellenbogen` s appeal. Both claimed the character of the r_eighbor- hood admits multi-family dwellings. ?,ilr. John L. Coward, Town Counsel stated that this Board has not jurisdiction to change the Zoning Ordinance which dust be done if the requested change is allowed . There were no on_jectors present . On motion made by kr. Ferris and seconded by ter. Smith it wry s: - ri SOLVED, that the appeal of firs. Pauline Ellenbogen from an order of James !I. Neilsen, huilding Inspector of the Town of Eye, aer_ying a permit to convert a two family house into a four family house, located at f30 Division Street, Port Chester, F.Y. , be DrZ IED on the grounds that the Board of Apleals has no juris- diction . Roll Call:-:r. Smith Aye Mr . Ferris bye .r. C;u i ge 1 Aye Chairman Quigel ruled therefore that the application was denied. Thera being no further business the Board adjourned, after instructinEr the Secretary to ile the res lution with the Town Clerk, at 9,03 dr e' NOTE:- The above minutes were writter. from the"notes taken at last night' s %or.ing Board sleeting" as submitted by Lr . Irving S. Ferris, Jr . , acting secretary. ?.OldING BOARD OP AHEAL3 M EXTRACT OF MIr-UTE S OF A MLETIVG OF TEE ZONING BOARD OF APPEALS OF THE TOWIR OF RYE, RELD AT THE TOWS ROOLiS, 125 NORTH MAID S'1REET, PORT OB STER, NEW YORX, on April 6th, 1942. EESOLVED, that the appeal of ;.:re. Pauline Ellenbogen from an order of James R. Neilsen, Building Inspector of the Town of Rye, denying a permit to convert a two family house into a four family house, located at #30 Division Fitreet, Port Chester, V.Y., be DEVIED on the grounds that the Board of Appeaaa no juris cizct.ion. Roll Call: - 421r. Smith Aye Mr. Ferris Aye _r, Quigel Aye Chairman 4uigel ruled therefore that the a.pplicution was denied. I, the undersigned, do hereby certify that the fore- going resolution is a true copy of the original resolution adopted by the Zoning Beard of Appeals of the 'Town of kye, at a meeting held at the Torn Rooms, 125 North Main 'Street, Port Chester, Few York, on April Gth, 1942; all as taken from the notes of Mr. Ferris, aeting 'Secretary for this meeting. cretery Zon ng card of AXpea: Town of Rye, r.Y. i a PUBLIC NOTICE u M TAKE NOTICE, that the Zoning Hoard of Appeals of the Town of Rye will hold a public hearing; on the 6th , K day of April, 1942, at 8 o'clock in the evening (War Time), at the 'Town Roorm, 125 North Main Street, Port Chester, New York, to consider an appeal of Mrs, Pauline T:llenbogen, of 30 Division Street, Port Chester, New `pork, from an order of James H. Neilsen, Building inspector of the Town of je, denying a permit to convert a two fandly house into a four fanny house on the premises at 30 Division street, Port Cheater, ,few York, on the grounds that the permit would violate Section 6 of the Zoning Ordinances of the Town of Rye, as the property is situated In a "Residence B" district, and a four fanily house is not permitted in said district and tot ns r ra act such other and further business as may properly come before the meeting, toted 1 larch 30th, 1942 IiARVEY 5, QUIGEL, r almmnn nP _L6& 'Znn{m _ .-- —... I AFFIDAVIT OF PUBLICATION IbState of New York County of Westchester j s s THE DAILY ITEM PUBLIC (NOTICE (Item Publishers, Inc.) TAKE INUTICE. that the Zoning Board of Appeals of Like Town of I'LYo will hold a -public hearing oil the fith day of April, 1942. at 8 o'clock in the evening (War 'Time). at the Town Rooms, i2a,xorth MainBernard B. Hansson Street, Port Cheater. New York, to .............. ................. ...... ...... . ........ ... .. .. being duly Sworn, consider an appeal of Mrs. Pauline Ellenbogen. of 30 Divisive Street, deposes and says that he is the principal clerk of the Publisher of "The Port Chester, New York, from all order of James R. Neilsen, Building Inspector of the Towa of Rye, deny- Daily Item," a daily newspaper published in the Village of Port Chester, fug a Perilift to CDIIUEL_,x two raill- fly the house il into ses a four .fgoutrilly hou e s Town of Rye, County of Westchester and State of New York, and the on pren at lAvitsion Street, Port Cheater, New York, on the grounds that the perkult would notice of which the annexed is a printed copy was published in said news- violate Section 6 of the Zoning Ordinances of the Town of Rye. as the property is situated in a "ReKi. paper on the following dates of publication: device B" diz;trict, and a four family house Is not permitted in said dis- trict, and to transact such other and further business as may properly March..31.5... 3...,J942 come before the meeting. Dated: March 30th, 194.0 HARVEY S. QUIGEL, Chairman of the Zoning .............................................. ................................. . .... .... ............................ 'Board of Appeals Signed.......................... . ...... .... Sworn to before me th's. .6.th........day of...... 19_42 Notary Public, Wes ester County 2M 10.19 AFFIDAVIT OF PUBLICATION State of New York ss County of Westchester � THE DAILY ITEM TAKE o'clock PUBLIC NOTICE (Item Publishers, Inc.) PPUBLIC NOTIQE. that the Zoning - NOTICE. Board of Appeals f t p �c iii hold a public hearing ou Ljju 6th day Of API'll, 194'-', at O'clo k In the evening (War Tittle) at the Town Rooni.9, 1,6.�Vorth MaT� Bernard B. HanBigon Street, Port Chester, New York to .....L.......... it Mrs. Pauiln, consider an appeal r being duly sworn, Ellenbogen, of 20 Division Street, Port Chester, mew York troll, all deposes and says that he is the principal clerk of the Publisher of "The James order of J It. Nellsen, Building the Town of Ijye deny: Daily Item," a daily newspaper published in the Village of Port Chester, 9 It permit to convert a two Ltill- Ily house into a four ffiluily house Oil the Premises at 44— Ltivislo.'Jej Town of Rye, County of Westchester and State of New York, and the Street, Port Chester, New Y.0..on the grounds that the permit W- 44 notice of which the annexed is a printed copy was published in said news- violate Section 6 of the Zyirlw Ordinances of the Town of Itye. as the property in situated in a ­pesi. paper on the following dates of publication: Bence B" district, and a fourfamily house is not Permitted in aid dis- trict. and to transact such other ant further business as Mareh 31, April 3, 1942 MaY properly come before the meeting, ....... .................. .......................................................................I...................... Dated: March 30th, 1942 ILARVEY S. QUIdEL, Chairmanof the Zoning ...... ................................... .. ................................. .................................... Board of Appeals Signed.............. ..... . ......... Sworn to before me t .....6th...............day of........... ... . .... . 19.42. ... .......... . .......... Notary Public, Westchester County 2M 10,39 �In�urance � : �►rnpan� PORT CHESTER AGENCY O�rNiew�OT''C 220 IRVING }iLhAAjk t"' ve . PORT CHESTER, 'N. Y, TEL. PORT CHESTER 535 April 7= 1942. Deer Harold t The following notes were taken at last nightts Zoning Board Meeting as requested by Mr . Quigel. -Meeting oalled to order at 8;15 P.M . -Present Chm. Quigel , Messrs . Fe-•ris and Smith. Inspector - Nielsen, Town Counsel Comard , 11r . Quigel read the call , being appeal of Mrs . Pauline Ellenbogen V� to convert the building at 30 Dvision St . f roma a two to a four fa nily dwelling. Mr . Ellenbogen and Mrs. Ellenbogen heprd on bebelf of the appeal . Both cleim the character of the neighborhood edmits multi- family dwellings . Counsel States trat this board has not jurisdiction to change the Zoning Ordinance which must be done if thsi change is allawed . There were not objectors present. �.Fluved by Per. Ferris thAt the appeal be denied on the grounds Opt the Boerd has no jurisdiction . Second by Mr. Smith. Roll Cell . Smith - Aye ✓ Ferris - Aye Quigel - Aye Carried Meeting Adjourned - 9/'C3 PJMJ • t. i Actin€ Sec . t1 ORNAMENTAL STRUCTURAL IRON STEEL I P©RT,*CHESTED IRON WORKS. INC. FOOT: WESTCHESTER AVENUE PORT CHESTER,N.Y. PI-IONE 2031 March 4th 1942 Mr, H.S. Quigel Woodland Drive Port Chester, N.Y. Dear Sir:- In connection with the proposed alteration of my home at 30 Division street from& a present two family house to a four family house, I have been advised by the Building Inspector-Mr. Nielson-that this is a violation of the present building code. He has instructed me to write to you with referrence to a hearing before the board in order to make a change in the zoning law. Will you kindly advise as to what procedure I am to follow.. Very truly yours, (Mrs,) Pauline E lenbogen