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HomeMy WebLinkAboutZBA1940 AFFIDAVIT OF PUBLICATION Mate of New York County of Westchester ss THE DAILY ITEM PUBLIC NOTICE (2QMWXVjX 1 r, ) PLEASE TAKE NOTICE that the Zoning Hoard of Appeals of the 'Coven of 11ye will bold !t public meeting on the 24th day of Septem- 1_eer, lY4o, at 8:911 o"clock in the evening. Daylight Saving Time, at the Town Rooms, 125 _forth Main � � � 1�r��Y1 Street, Port Chester, New York. to Y •... . being duly sworn, consider the application of .Balbino Martinez, for a variance of the pro- deposes and says that She is the principal clerk of the Publisher of "The visions of Section 13, Subdivision 2 requiring a minimum rear yard of 30 feet for a single residence in a Daily Item," a daily newspaper published in the Village of fort Chester, "Residence A" district and permit the erection of a single family with an irregular rear yard off ap ap- Town of Rye, County of Westchester and State of New York, and the proximately 24 feet on the north side and approximately 49 feet on notice of which the annexed is a printed copy was published in said news- the east side on premises situated on the southwest corner of Ridgy: Boulevard and Valley Terrace Road 'F paper on the following dates of publication: and designated on the Assessment Map of the 'Toren of Rye as Section 1. Block 6C and D, Lots I and 2. and ,Septemb er' 18, � 940 to transact such other and further ......................... ......................................................................... business as may properly come be- fore the meeting. Dated: Port Cheater. New York September 17th, 1940 .......................... _...... .............. EARVEY QUIGE1, Chairman ref the Zoning Bntird of Appeals Signed . Sworn to before me this 27 th.day of. September .................... 19..40 .. '' �-- ' .................. Notary Public, Westcheste ty AFFIDAVIT OF PUBLICATION Mate of New York 1 County of Westchester THE DAILY .ITEM PUBLIC NOTICE PLEASE TAKW NoTlirl, that the Zoning Hoard of Appeals of the Towu of ltye will hold a public meeting on the 24th [lay of Septem- ber, 1.40, at 8:0u o'clock its the evening, Davligbt Saving Time, at ew/..4. ~ ,lJ '. :L#11 the Town ftoonta, 125 North llaln ................ being duly sworn, ........................... . Street. Port Chester, Nets Y'urk, to consider the application, of 73alhlno Martin", for a variance of the pro- deposes and says that � he is the principal clerk of the Publisher of -The vistons Of Section 13, Subdivision 2 requiring a minimum rear yard of Daily Item," a daily newspaper published in the Village of Port Chester, 30 feet for a single residence In a "Residence A" district and permit the erection Of a single family house Town of Rye, County of Westchester and State of New York, and the frith nn irregular rear yard of ap- e and Approximately 49 feet on l uately s4 cast on the north side I notice of which the annexed is a printed copy was published in said news, €side tite east side on premises situated an the uouthwest corner of Ridge paper on the following dates of publication: L'otilevard and Valley Terrace Road and designated on the Assessment map of the Town of Rye as Section � 1. Block 6C and D. Lots 1 and 3. And ;.�.�?y.�..?...�. ��..A�..................,,............................................... .. to transact such other and further business as may properly come be- fore the meeting. Dated: Port Cheater, New York .....................................................,............................ . September 1 ptlt, 19411 HARVEY QLiI(fEL Chairman Of the Zoning ' Board of Appeals Signed.. ....... Sworn to before me this_27 th-day of.SeptazaboT................... . 1940. Notary Public, Westc aunty MIVUTF.S OF kGLTING OF Ta& ZONING BOAaD OF APPEALS OF A& TO WV OF RYE, ULD AT THE T04N ROOMS, 125 RUTH 1,la iN ST .k i,I, Foal' C HE STER 9 WEW YOitK, SEP Tl:kBEa 24 th, 1940. A meeting of the Zoning; Board of Appeals of the 'Town of hye was called to order by Chairman Quigel at 6:30 P.M. , Tueslay, September A4th 1940. (EDT) Present:- Harvey Quigel j Irving E. Ferris,Jr. Kambers of Charles C. Smith The Board Harold J. dilliams ) John L. Coward Town Attorney James R. Feiisen 3uildirg Inspector It was announced that this meeting of the Board was being held due to adjournments of the advertised hearing_ scheduled on July 30th, 1940, These adjournments being made to August 1.3th 1940 and to September loth 1940 due to lack of a quorum of the Board on both of these dates. The purpose of tonights meeting was to consider the application of Benjamin Ai 4alsh for a variance of the Frovi lions of Section 14, Subdivision 2 reeuiring a minimuwu side yard of 8 feet for a single family residence in a 'hesiderce !" district and to permit the erection of a single family house with a minimum side yard on the south side of not less than 6 feet on the lots situated on the southeasterly corner of Argyle and Windsor toads and designated as Section 1, 3lock 6J , Lots 1 and 138 on the Assessment Leap of the Town of hye . The Hoard was also to hold tonight a jublic nearing to consider the application of balbino hartinez, for a variance of the provisions of Section 16, Subdivision 2, reouiring a minimum rear yard of 00 feet for a single residence in a "Residence A" district and permit the erection of a single family house with an irregular rear yard of approximately 24 feet on the north side and approximately 49 foot on the east side on premises situated on the south west corner of Ridge 3oulevard and Valley Terrace hoad and designated on the Assessment map of the Town. of Rye as Section 1, 31ock 6c and D, Lots 1 and 2. Affidavits of publication of notices pretaining to each of the above cases were presented from the Port Chester "Daily Item". Theses were ordered received and placed on file. .building Inspector James A. Eeilser_ advised the 3oard that Lx dalbino 3dartinez, had filed with him an application for the erection ofa single family residence on the property above descrioed. A plot plan a000myanied this application. hr Neilsen firther advised the Hoard that he had rejected this application due to the same beings violation of Sction 13, Subdivision 2 in that the rear yard renuire- ments were not complied with. kr. 3albino Lartinez and his daughter apreared oefore tho Board Page 2 on his own_ behalf, his request was 1 resented to the j3oard. There was no one axpearinp before the 3oard either for or agairst this application other tiiar_ Lr . 13albino 1artir_ez and his daup°hter. Tne application of Lr. benjamin J. dalsh was then taken up from the adjouenei meetin- of July 30tn 1940. Lr. ti'alsh aFTeared before the Board reauestin€, a variance of the"Zoningg Ordinance" of the Town of hye as outlined in detail above, namely to Termit of the erection of ai single family dwelling with a minimum side yard of 6 feet on the south. An application for a building permit was made on November 27th 1990. Permit ,f219 was issued by bar. Veileen on December 2nd 193,.E with the 6 foot south side yard. This ouildinp- permit was revoked on June 25th 1940 by the .6uilding Inspector for tge reason "that the foundation now erected on the premises violates the Zoning Ordinance of the Town of hye in that side yard on soutn side is only 5 feet instead of 6 feet as required by Section. 1.4 of toning Ordinance". Or. June 17tn 1940 the Building inspector wrote 1,x. Walsh that, "to all concerned", he had complied with Zoning Ordinance 3uildirg Code Ter the January irspectior, Lr. Neilsen advised this was for the bank. This foundation was erected durirg January or February of 1940. A plot plan accompanied the original application for a permit. The Board was advised that the ,dA commitment was dated Feb- ruary 12th 1940. On June 19th 1940 the 3uilding Inspector wrote i,ir. 't�alsh that "letter dated June 18th 1940 reads that on this foundation he has complied with the Zoning Ordinance and Building Code: This is an error and should read "that foundation has not complied with Zonin;r Ordinance, but with the -3uildira Code . " Urier date of June 25th 1940 the :3uildinr Permit was revoked due to violation of side yard requirements. On the same date check from the Town of i.ye (3792) in the amount of �6.00 was returned to ;,r. ,alsh with the notice of the permit being* revo'�ced. lair, hockey apleared oefore the i3oard on opposition to Lr. �4alsh' s request, due to side yard beinpr less than 8 feet ( the south lot line of 1.r. 'vialsh' s) . Kr. hockey' s house is immediately next to lair. dalsh' s property, or the south. Ix . hockey feels this violation depreciates the value of his property and that if it complied with the Ordinanoe he would have no objections, i-r. nookey further advised that he moved into his house on Fovamber 2nd 1939, and that the footings for the foundation of i. r. olalsh' a house were poured on l ovember 7th 1939. fir 4raleh was urabl© to state from memory if the footings were poured on rovemoer 7th 1939. The walls were however, in his page 3 opinion, built during January and Feoruary. Lr. "alsh advised that his proposed house lined up with oplosite house on Argyle road and with Or. Rockey' s house on 4indsor Road. hr. Walsh also stated that the aprroxivate cost of relocation of the foundation ;could oe about IWO. fir. 3achriesen attended the hearing but did not sxeak either in supyort of or against 1r. "alsn' s appeal. There being no further material or opinions to be presented the Hoard retired into executive session to consider the two appeals. After discussion, on motion of kr. Smith and seconded by Mr, Ferris, it was RESOLVED, that in connection with the appeal and application of Benjamin J. Walsh, permission is hereby granted to the said 3enjamin J. "alsh, as Owner of the parcel of land situated on the southeast corner of Argyle and Windsor Roads in the Town of lye, New York, to construct a single family residence on the said parcel described as Section 1, Block 6J, Lots 1 and 138 on the Assessment kap of the Town of Aye, with a southerly side yard of not less than 3 feet in lieu of the 8 foot side yard renuired by Section 14, Subdivision 2 of the Zoning Ordinance, and that the Building inepector of the Town of Rye be authorized to issue the Building Permit accordingly, providing that all other reouirements are complied with. holl Call : Lr. Smith -Yes Lr, Ferris -Yes Ax . Quigel -Yes hr. Oilliaws -Yes After discussion, on motion of Lr. Ferris and seconded by Lr. Smith, it was RESOLVED; that in connection with the appeal and application of Balbino Lartinez, permission is hereby granted to the said Balbino Martinez, as Owner of the parcel of lard situated at the southwest corner of hidpe joulevard and Valley Terrace road, in the gown of Rye, and designated on the Assessment lap of the gown of "ye as Section 1, dloek 6 Ward D, Lots 1 and 2, to construct a single family residence in accordance with the plot plan filed with the hoard, allow/&ng variance of the rear yard renuirements of Section 13, Sub- division 2 of the Zoning Ordinance renuiring a minimmm reap ,yard of 30 feet, to allow an irregular rear yard of aprroxr- imately 24 feet on the north side and aplroximatel;y 49 feet on the east side . Roll Call: Ur. Smith -Yes Ur. Quigel ryes Ur. Ferris --Yes Ur. Williams *Yes Fa e 4 A communication was read from the Office of Torn Clerk, dated Jura 21, 1940, regarding the request of Prince & Ripley in connection with rezoninp; of Lincoln Avenue areas. A communication was read from the Town of darrison repardinv a joint meetinp, of the Harrison and rye zoning boards re�--ardinr poss- ible co-oreratior in zoning. Or motion made and ecsonded these communications were to be forwarded to the iye Town Board with the exylanation that these matters were, in our opinion, beyond the scope of this :hoard and that we crere without power to act . The hoard however expressed the opinion that such zoning was worthy of consideration. There being~ on: further business the i3oard adjourned, after instructing the Secretary to file the two resolutions with the Town Clerk, at 10 :40 F.11. ( 'JT) . EXTRACT OF MINUTES OF A ING OF `rHh ZONIEG BOARD OF API$ALS 07 THE TO WV OF RY16 WO AT 1H; TJI ROOMS, 125 WORTH MAZE aT:.: :,T, PURR C"SUH, UV Unit 01 30TZMUR 24th 1940. x. OLVD, trrn t it connection with the apreal and application of Be a jaxin J . aulaa, permission is hereby granted to the said Benjumin h. Pals; , as Wner of the parcel of land situated on the southeast corner of Arf7le and 4irdsor Roads in the Town of iye, Bew York. to const- ruct a sirFle family reei.dence on the said parcel describ- ed as Section 1, Block 6J , .Lots 1 and 138 on the as essmont isp of the `sown od bye, with a southerly sida yard of not less than 5 feet in lieu of the 8 foot side yard reauirea by Section 14, ?Ubdivision 2 of tine Zoning irdinanca, an:i that the Suilling Iner.ector of Lai Town of -w-ye oe authorized to Issue the BuilUrg Lerwit aucordingly, rroviding that all other requirement are complied with. Roll Gall: Mr, Smith -Yee Pr. Ferris 70 ; -- Ur. Quige l Ae s Er. Wi lliame -Yes is the undersigned, do hereby certify that the foregoing resolution is a true copy of than original resolution adopted by the Zonin, Board of Appeals of the gown of "ye. at a meeting held at the 2owu Rooms, 126 north Lain Street, Port Chester, Yew York, on certember 24th 1940. #�5 of kyreals Town of Eye. Y.Y. Date of heating - September 24thl940. September 29th, 1940. RITH CT J? TINUTE S OF r MI"TING uF fry :JN ING 13oIn.0 OIryL APy'P�.n�LS OF�t UL 1'OWV OY y&Y�y, �if4lD AT yTH7Z�1i��`Ohl alla tS,, 125L, V RT4 YAI - Rr„•1, r, aT .�a.iti%.1.A, WE" 1ORt1,Qn �~ L�ih 04th 19400 RLIOLVED, that in caornectiun with the appeal And applivatior of Balbino hartinez, rermiseior is hereby granted to the said Salbiuo i+iur tine z, as Owner of the parcel of land situated at the southtgeet corner of hidge Boulevard and Valley TerrLce Road, in the TouRn of lye, and aesignhted on the Asses ne3nt liar of the Town of Rye as Section 1, Block i C and ➢, Lots 1 and 20 to construct a single family residence in accordarceti with the plot plan filed with the Board, allowing a variance of the rear yard requirements of Section 13, Subdivision 2 of the Zoning Ordinance re quirinK a minimum rear yard. of 30 feet, to allow an irregular rear yard of aprroaim►atelly 24 feet on toe north side and approximately 49 teat on the e4st aide. aoll, Call: Mr. Smith -Yes 1r.juigei -Yes Ir. Ferris -Yes Mr. Williams -Yes I, the undersigned, do hereby certify that the foregoing resolution is a true copy of the original resolution adopted by the Zoning Hoard of Appeals of they Town. of Lye, at a meeting; held at the Toiarr_ looms, 12b Lorth vair street, lort Cnes4er, Few York, on September 24th 1340. Secretary Board of Appeals Town of Eye, 5.Y. Date of :.ee9ting - September 24th, 1940 September 29th 1940,