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HomeMy WebLinkAboutZoning Board of Appeals 1966-11-29 1 ZONING BOARD OF APPEAL`" T OWN OF RYE Ill T HT MATTrM OF Public Henring held in connection with the An-nlie nt ion of FRANK FT ORF before the Zoning 'Board of Anneals , To,.m of Rye , New York, relative to the Zoning Ordinenee of the Tot-!n of Rye. - - - - - - - - - - - - - - - - - - - - - - X Port Chester, New York November ?Qth , 1966 R e f o r e : Jules E. Yarnell , Acting Chairman Robert W. Adler Robert 5' . �.Ic Kay Jerry Goldberg Kenneth Neilsen , Clerk of Bonrd A r p e A r n n c e s : J CF3 FPI-4 B UD ER WT T Z , E q. (Attorney for the Petitioner) FIAN`: LERN?ER , E . (Attorney for Westmore Realty) $ TRVING WEIN , Via. ( Town Attornev) VINCENT N. PILIERO Certified Shorthand Reporter in the Mate of New York 2 i MR. WEIN : This is Mr. O 'Hara, an i associate of Mr. Budervitz. He ha.s a statement to make . KRI . O'HARA: Mr. Buderwitz is on his way. He had an argument in the Court of Appeals today , and he called me At twenty after five and. was lesving then . So, he should be here , if you don 't mind waiting a few minutes . THE CHAIRMAN : I th in u we can wait a few minutes . MR. JEIN: I think we should give him sufficient time . THE CHAIRMAN : As long ns he is not out for dinner. MR. WEIN : I don 't think he -will . He will probably gulp it dean . THE CHAIPMAN : Ladies and gentlemen , I don ' t know whether you heard , but there will be n slight delay in the start of the Hearing. The attorney for the Petitioner was delsyed up in Albany at the Court of Appeals , end he is enroute, Pnd we expect hire shortly. (Whereuron , Mr. Buderwitz gust arrives . ) THE. CHAIRMAN : We will now open the meeting; of the Zoning Roard of Appeals rf the Tr��rn of ??ye to have the Hearin; on the spplicstion of Frank Fiore of 6 Grand street , Port Chester. Before we get dolm to the Hearing Itself , since this is a slight departure from our usual procedure, T would like to explain what our rrocedure will be tonight . This Hearing is 'tieing held pursuant to the order of Mr. Justice Coyle of the Supreme Court , end we are having a Court Reporter present to take down ell the testimony. The attorneys for any of the nnrties concerned will be able to mske statements for the record, but any witnesses who Trish to be heard will be sworn and make their testimony under oath. I will nrnreci.nte it if everyone will bear in mind the fnat thst this mstter is one that 4 e-Ye would like to handle in as orderly a rrocedure € a possible, find -�,re would anrreciate your cooperation . `bould, at any time , there be nny outbursts , we will hive to susrend the meeting and sdJourn for later dste. Thank you. The Clerk will please mark the notice of hearing snd the list of prorerty owners notified by the Town Clerk. (Received and Msrked Bonrd 's Exhibit 1 .) THE CHAIRMAN : Mr. Buderwitz , you have the floor. MR . BUDERWITZ: T'hsnk you, "fir. Yarnell . Joseph J. Buderwitz, Jr. , one of the attorneys with W. E. Cribsrt of 100 Stevens Avenue, Mount Vernon, New York, counsel for Frank Fiore , the retitioner here tonight . May I Ask, at the outset, if the nlnns vhic3h hnve been filed of the first Hearin; are so before the Rosrd? THI: CMAT'RMAN: You understand, Mr. Ruderwitz , thst this is , in effect , a Hearing nb initio. .While ve have the rarers that *�re used on the prior Hearing , we onn €allow you to reintroduce them. They gill heve t o be marked. lvM . BUDERWITZ: fell , at this time , I %w=ould like to reintroduce them eta initio. THE CHAIRMAN ; Gkay. Here is the Pppliontion. MR. BUDERWITZ: Dn you went the `?teno- gr.pher to marl, these? THE CHAIRMAN* I think it will be R good ides . They asn be mar2{ed petitioner's . (Received and merked e.pn1loption As Petitioner's Exhibit 1. ) M . BUDERWTTZ : Petitioner 's Exhibit 2 Is the sppliestion for the building* rermit. (Received and merked Petitioner's Exhibit 2. ) MR. BUDERWITZ : Petitioner's Exhibit 3 E is the re.dius plot showing; the property_ *,rithin s t,,Yo hundred foot radius of the subject property. (Received and marked Petitioner's Exhibit 7. ) 6 • MR . BUDE:RWTTZa Petitioner 's Exhibit 4 Is the building plans and site plan . (Received and marked Petitioner' s Exhibit 4.) Y . GOLDP1YRat, Ma.y I suggest you repass these Pround to the BoArd Members to refresh our memory find not file them sissy? THE CHA3P.MAN: Yes . I assume you are going; to be referring to them , pond then , the Board gill get sn opportunity. MR . BUDERWITZ: Yes . One of the things T want to do is put ur on the Bonrd the site pinn and construction rlpans . Petitioner 's Exhibit 5 is the cor+muniestion from the Westchester County Department of Planning. (Received Pnd msrked Petitioner's Exhibit 5. ) AV- . BITDERWTTZ : Petitioner' s Exhibit F Is the hermit issued by the Westchester County Dernrtment of Public W orks . (Received And m8rked petitioner' s Exhibit 6. ) purl aaov f:ouu jo veau wnwlulw +j Oulairtba.1 401-14sjc ITU!ZQH PooqxocLqslal% Ui jd V pal4lZue BI LJ!DjiqlvA. &UUZ d-CD 7 LJ-L pa4UOO-L 51 �U-L,& GKT w * .qAji JO ww.L aqq, ul qaaal .s '93PIE uo ea ADO-La I u 0 14 0 a l; I c-t w 1 09, 1.0 a(.1138.1 LJ4-CA 00 Ll d-;-I-V A Tda-lu uo zoj uoj�uQjjdcLu us svi 4ujaSu ' 91 STLiq. ' 011oqu ol SIL14 DoLipl AC)UN you DLI2-jw 014A 4q2juoq, auaq aau ULIFi. GTLdoad @LJ� jo awos ulaojuj puv suuTZoa-L-Looaa inoA 0!! qonC jWul - auaq X@AO 4wq� daax TTTx Op" pu-u 124 ;1-1-lopne OJK lsw4 'gon n ol, •apqA nuA -L-La� 1: : N-qji-6jfHo aHT,, * @aaLj4 an !pq� dQQ3J luiao rloA () B !laaoLi ul-lop jCuoo -& aAuq 9j, :uai(jv ux - - P.1dus a44 uQ au0saaAa aAuq 04 VOPT P002 w aq 4q2lw 41 Aujq4 I : NyKaIVHD Iiij L�&x,Vj %I %a 400l o4 ii)ijT-L -ipoqkuu p-LnuA ao pjuoq 044 uo an 8144 Dnd ILIA I 1pauou aqZ jo saaqwaX aq4 jo aoua.'djnpuj pulA aqq, q4lk-L qWT4 slqg, v llr%Ux :zllxuaGaE *ilx • 9' • requiring a width of a hundred fifty feet and a death of t-ro hunched fifty feet. Fiore ' s lot in question has a width of seventy-six point forty-six feet and a depth of one hundred feet . It does not comply with the Zoning 0rdinnnee whicr I believe was adopted in 1954. THE CHAIRMAN : Yes , e i r. 11R. BUDERWITZ: Mr. Fiore proposes to erect on this lot a small twenty-four font wide restnursnt , a one and a half story building, slate roof, ­ith face trick construction . A res tnurant is a permitted use in this v,oning district for C1P. Now, *•re are here to show r,rnoticrl difficulties in that tie cannot comply with your Zoning Ordinance for the simple reason thrt there is no other a.vn ilsble land that we can ncnuire rind that if this lend is to be put to any use whatsoever, it must come by way of vnriances , namely, a. variance as to the size of the lot , a variance Ps to • the width of the lot, the depth of the lot And as to the setbacks , side and rear yard. Nmr, at the present time , I would like to call and hove sworn Frank Fiore , the Petitioner, himself. 10 FRANK FIORE, the Petitioner, having been duly sworn before Vincent N. Piliero, C. q .R. , a Notary Public , state of New York, testified Rs follows. (The Renorter asked the -witness for his nsme and address . ) THE WITNESS t Frani, Fiore , 68 Grunt Street , Part Chester , Ne-tT York. DT'Qr.CT FXAMINATI ONT B v NM- . RTMERWTTZ: q, Mr. Fiore , you are the Petitioner here tonight? A Yes . q And are you the owner of Lot 4-D? A Yes . I show you a deed rind ask you whether or not that is the deed by v-rhieh you acquired title to Lot 4-D? A Yes , Sir. MR. BUDERNTTZ: I would like to hsave merked as Petitioner's Exhibit 7 a deed dpted October 29th, 1964, from Bslvatore Fornarn to Frank Fiore which was recorded in Liber 6454, Page 109 of the Lpnd Records of the County of Westchester. Frank Fiore-Direct (Buderwitz) 11 MR. GOLDBERG: Th9t was 1964? MT1 . BUDERWITZ: 1964, October 28th. (Received and marked Petitioner 's rxhibit 7. ) r3Y M"q . BUDERWI T Z: a '+fir. Fiore , would you tell the Planning Beard Tgbst you paid for the property's THE CHAIRMAN : Zoning Board. MR. BUDER'WIT Z: 1 am sorry. THE 141INTE35, Ten thous and dollars . BY HR . BUDERWITZ: I show you this , and I ask you if that is a survey of the riot? A Yes , air. MR. BUDERWITZ: May T have this marked as Petitioner 's Exhibit 8. (Received and marked Petitioner 's Exhibit 5. l Rv n . A[TDER!al'IT Z: Is your rroperty shown in that rhotograrh, Mr . Fiore? A Ye a . Frank Fiore—Direct (Buderwitz) l? MR. BUDER.14TTZ : Mn.;V *4P hpve the photograph marked 'Petitioner 's 7!xhihit o so I will refer to it Rs Petitioner's Q. (Received and marked Petitioner 's Exhibit ®. ) BY MR . BUDERWITZ t No-�-T, Mr. Fiore , I show you petitioner's c) snd I ask you if you will be good enougr to describe what is shown in the picture to the Members of the Zoning Beard of Appep.ls; in other words , just where ,your property is loosted? A My property is loomed at the end of this driveway and the frontage is right to the end of a driveway that enters the Ridge Bowl. It goes back t n a. point beyond this telerhone pole on the blacktop piece of nronerty that belongs to the 7?idge Bowl *nrhich is about three feet of my property is hlpck-- S topped on this other pronerty, and it comes across in R northerly direction to the ton of the hill thpt is where the shopping center is located, and then , it comes back again in an easterly direction Frank Fiore-Direct (Buderiritz) 13 to this point here. ' would you be good enough , Mr. Fiore , to mark the direction north on the photograph? (The witneas so mprks . ) I show you this photograph and ask you if that is p view taken through your property looking east across Ridge street? A Thnt's right . MR . BUDS rITZ: Mpy tre h,.�re this marked Petit inner l p 10. (Received and marked Petitioner's Exhibit 10) By MR . BUDERWTTZ T sho*Mr you this rhotograph etnd ask you if thpt is anotre r v iev of your property? A Yes . Q. Looking nortInvest? A Northwest . Down Ridge Street and in the back of whicin is the Rye Ridge shopping Center? A Right . Frenk Fiore-Direct (Ruder-grit z) 14 Q, County Trust Building. s MR. BUDERWITZ : May *,re have this mn rked 'Petitioner ' s 11. (Received and mprked Petitioner' s Exhibit 11 . ) BY n . BUDERWTTZ: Now, Air. Fiore , at the time ,you purch9sed this nronerty in 1961L, did you knots that it vqrpe looted in s zoning area that required a minima of one acre In �-hic'h to build unon°? A Yes . MP . ADLER Whet waa the nnsT,--r to thpt? 1M . BUDERWTTZ: The Pnswer wns yes . BY M7 . I-3UDERWITZ: Tn other words , you krne-a that it did not comply with the existing; zoning? A Yes . So ' you knee that you would have to have a recourse to vrrious Tovn Bonrds in nn effort to utilize this lot? A Yes . Frank Fiore-Direct (Buderwitz) 15 Q Mr. Fiore , hsve you made any attempt to Require :Any Additional contiguous lsnd In sn effort to make this lot e conforming lot? A Yes . Q, Would you tell the Ronrd just wont attempts ,you hPve mpde? A. "-Tell , T Ppproached Merritt end Hobby. They o%rn the Shopping Center. And T asked them if they mould sell me any of their nrorerty or were willing to lease any of their -nrorerty to me , And they were not interested. Did you make any approach to the Westmore 'fealty? A No, sir . Q You did not . MR. ADLE : Do you want to identify there? BY MR. BUDER IT Z Q Is Westmore Hes1ty the owners of the lAnd to the . south of your property`? Would It be south? A Thnt �roul d be south. Yes . e outh*vest . Q Who owns the Ridge Pow1? A Yes , sir. FrPnk Fiore-Direct (Budemritz ) 16 Q Mr. Fiore , would you please tell the Board just what your occupation is And as to =Arhy you desire to build on this lot? A Well , for exactly twelve years , T operated whs.t was kno*.tn ns the Adobe Rest. I started the business . I started the business from serntcb which ores probably my first days take 'wps star dollars . There were no other businesses around at the time , end I ran this as a restaurant , drive—in business . Tryst is my living. At the rresent time , T am forced to work out of a hot dog wagon on Westchester Avenue, outside in the cold, rain . Pretty soon , it will be snowing, and I will still be out there . Dust all summer long. This is the business that 1 lmo7e and this is what I �rould like to do. T have no trade. I have no educs.tion where r can go out and get a job, snd .,Tho -foouldd give me s job at my age e7cent for maybe , seventy—five or eighty dollars a week. Q Yr. Fiore , dial you receive an estimate as to whAt the cost of the improvement that you rropose to rout on this lot mould be? Frank Fiore-Direct (Budentritz) 17 A An est4Mpte for the building? 2 An estimpte for the building. A And materinle and everythinpp, else , fixtures? Yes . Everything. A T mould say about twenty-five or thirty thousRnd dollars . M . BUDERWITZ: Does the Board have any questions they i-could like to ask Mr. Fiore? MR . ADLEh: Are ,you through frith him? MR . BUDE?IWIT.Z: I art finished. with hire. BY MR . ADLER: Mr. Fiore , my recollection of the first Hearing that rims held on this , you testified that you did not , st that time , know that you needed a variance for the use of this nronerty as a restsurnnt . Ts my recollection incorrect? A That I needed a variance? q Yes! . You spid then you did not. A ? knerr I needed a. vprinnee . 91 You knew you needed a variance Q11 along when you bought the lot? 15 A Yes . But may T n-lense answer th:pt? Yes . A But I €assume that operating; P business across the � street on P smPller lot and T bought P lot thPt is t3fTice the size where T was operPti.ng , thPt T would be Able to use it. Q, So thPt you then bought this lot knowing thpt you would hP_ve to seek P vP.riPnee? A Yes P sir. At the time of the prior HeRring, you were asked no. You were not asked. A stPtement was made as to the question of the repurabnee of thPt lot from you. If someone offered to rerurchPse th.gt lot from you g.t your cost , would you sell that lot nt this time? A At this time? q Yes . A At this time , no, sir. Can T clarify that? Q '-ure. A Because I have lost two years work and plus T hPve sacrificed tT.ro years of my life , plus I stPyed out 19 of work sixteen months v e-Ring month by month for a decision to be mPde . Q, You are f Pmiliar with `youth Ridge `street? A Yes , s it. Z Pm very f smiliar with it . d Are ,you n.ware of the fact thPt there is dividing that street a double yell(-w line -which comes right in front of your proposed construction , is that correct? � Yea . Yrti Pre , therefore , that Pnybody making P. left turn either out of your more rty or onto your property would be violnting the Vehicle n.nd Traffic Law of the Mate of Neer York? A Yes $ sir. Q, Are you Rvrare of the trPffic pattern of South Ridge Street? A Very well. zk� Pa.rticulrrly, between the (alleys? .fi yes . In your opinion , as en.meone Teho is femiliq.r with this Rren , would the egress and ingress of cP_rs 20 • to your lot , your proposed restnurpnt , cause an incsrense in the trn.ffi^ r.roblem? A Not sir. Q It would not? A No, sir. Q In other wards , the fact that these cers tyould be crossing a double yellow line agn in$t traffics with no light control would not, in your opinion , onuse s trPffic hazard? A If they arose e double line , they would be brepking the lax. Q That is true. In your opinion , would they be creating n traffia hazard? A If they crossed it? That is illegnl . They can 't dross it. Q, Well , nmo, as n matter of feet , if your restsurnnt were there , in your opinion , would people driving north on South Ridge Street be able to get to your rrorerty by any means other then crossing that cl ouble yel to it line? A TrPveling north? 21 Q Yes . A They could go dmrn and turn around and came south. Q Where would they turn j;round? A Turn around. gat any rl ace . Turn left on �3n*aTmsn Avenue , came un by the Shopping Center, came ur ^nd make s right turn. Q And people leaving your restaurant lot and wishing to proceed north on South Ridge Street , is there any •ray they could do that without crossing the double yellow line and going against the flow of traffic? They couldn 't turn left. No. Q They ,,rould have to turn right? A May I show you on the map, on my plan exactly -what these people can do? Q Yes . I Tould appreciate it. Do you want this? A I can explain it right here . This is Ridge Street. Do you T.rnnt to fold thnt haek? A This is Ridge Street , north and south. Tf anyone that takes it on their ourn to crass n double ,yellow line is bres.k.ing the lax-T. If people rare coming from the south to the north and *,rant to bresk the 1Aw, It is not my responsibility. Tt is their own responsibility if they brenlr the law. T nm interested in reople pulling into this driveway here in this direction and parking their cars , pull in here and parking , one , tiro , three, four - one , t-rn , three , four, five , six, seven. Now,, there In enough room on the lot for them to pull In, bnek up on the lot end pull strflight sherd. No-v,, whether they go north or south , they should go south. Tf they go north, they turn left and go north. They are brePking the law. 'r,'h.t is their re.sronsibility. T am not responsible frr that . Rut if the resta.urnnt %-eren It there , they wouldn It do it? A Pardon me? But if the restRurnnt were not there , they couldn 't do it , is ths.t correct? P. Thst 's correct . Yes . This is Plso practically directly onpasite V J, is that correct" 23 A Thnt 's right, Sir. MR. BUDERWIT Z: May I ask you what that Is? I don 't know what it is . MR . ADLER: 'V J is Mr. Fiore 's former -olace of business . TH E' CHAIRMAN : It 1s now onlled V. J. It used to be the Adobe Rest . MT1. BUDERIN,'TTZ: Thank you. Mn. ADLER: For our nurnoses , Lot 7-1 , I think Mr. Budemiit z; 137 MR . ADLER,. az You operated the present V J or former Adobe Rest haw many yeprs? A Twelve years . During; the time you operated that , did you observe the traffic pattern of the ears coming, in and out' A Yes , sir. Did you see cars crossing the double yellow line come into thpt n1Pce of business? A Yes , sir. Q FPrdon? 24 A Y'es , Sir. B`r THTT CHAIRMAN : ?fir. Fiore , did you ever get any offer In writing from nn you e to buy ynu r lot? A No, sir. Q, At the tima that ,you nu.rehnsed the lot , did you consider the nossibility thpt you might not get e zoning verinnoe? A No. I did not consider it. Q Did you have any reason to believe th€+t you would be assured of getting e zoning variance on that lnt? A Dick I have any reason for it? Well , there are many reasons. Q Well , I mean you invested ten thousand dollers in pureba.sing the lot A yes , sir. Q Did you consider, before purchasing it, T4hpt might hRnnen to your investment if ,you didn 't }het a variance? A. Tf I didn ' t get a variance? Q Yes . A Well , I think I am entitled to a va.riRnce . !?5 • Does that mean thr;.t you were certPin in your own mind you would get ; vsris.nce under the eircums tsnees having your o"n Pronerty across the street? A T thought I° was . Yes. Ts there a double line orrosite the `hopping Center entrance on 'Ridge Street' A That , I don 't knove. But T rim going to find out very shortly. BY MR . ADLER: Q The a.nsv,,Ter is yes . we are sll familiar with the nren . A There is a double yellow line . G, There sure Is . A Have you ever uritnessed snyone crossing that double line going north? MR. BUDER',+11TZ: Just answer questions . By MR. Mc KAY: 40 Ts there n double yellolr line In front of the bokrling Plley? I think there is . Tf there is one in front of the bawling alley, there must be one in front of the Shorning Center. There is a double yellow line in front of the General Foods thst relesdses about four hundred workers there st four o 'clock in the afternoon , crossing the double ,yellot-T line underneAth the trsf fic light . Undernee.th the traffic light , there areneonle crossing; thst double yellow line ell day long. BY MR. ADLER: But there is a traffic light controlling traffic? A There is n opution light there. But there is still s double yellow line and they are turning; south end turning west and east And crossing the double yellow line. BY THE CHATR�MAN Air. Fiore , how mn.ny parking srsces mere there in front of the Adobe Rest when .you operated it? A Eight. Eight. .And if I recall correctly, they were perpendic uls.r to Ridge Street A That 's right. q All in front of the restaurant . And Ps 1 see the 27 • plan , there vould actuglly be , all of the rnrking Press *mould be in front of the restaurant or the building, is thgt correct? A Yes , Sir. Did you contemplate hsving any approach to that , anywhere e xce!-t through the driveura y, if people wanted to go to the `Shopping Center? A WRlking? q Yes . A They oan walk in there From anv=•�here . b Well , there is no anpronch? A They onn put nn opening; there , put an opening on either side . There is no sidewalk on thPt side . That is what I am referring to. A No. sir. There is property there for sidewalk. THE CHAIRMAN : That is all . Dees +� rnyone have any questions? BY MR. GOLDBERG.* Mr. Fiore , in 1964, you bought this property. 'Prior to buying the pro-perty or making; contract that is 29 • usus.l normal procedure before ohta.ining a plot, did ,you or your Attorney or anybody investigate the zoning regulptions of this property? A No, sir. Q Nobody did? A Yot that I kno-,,r of. I 'know I didn ' t . My attorneys didn 't. Ynu didn ' t . Nobody cAlled this to your attention that this piece of property was completely in violation of sny existing zoning lairs of 1954? A Not completely. 1 didn 't meet the a.res requirements . I didn 't know. How did you put it then? 3t was a complete violption . TPuvt you are asking us to do here tonight is to upset the very reason why we are here , to uphold the zoning; laves of this community, the zoning laws being such as we have and neonle come to us for variances . VAriances usually consist of one foot , t*,-ro foot , five feet. But you are coming; to us rnd asking us to issue you a vsrin.nce on this niece of property which i-ra4 zoned 1n 1054 which would not be n vsris.nce. 7n I �j *-ITS '-&-[SnOTAa.Td P9.19AaSUU pUW paXSW Ueaq sag uol4sanb aq-, YLuTq4 I : ZIL liviuscIng I liki - swaa4 ul 9,1to a-jqz 3jujq4 oo, ia-Equ aq udu I oe OW U04421lue 0sUaTa U-40 110s JI IXOR .-Pa4da.A0 auaii souluoz aq� aa4ju sauc-Lk ua4 OT sjq4 *,OUT,UOZ—UO u qq4 PUu JUTUQZ a44 suujqOj-x4sa-I—uoU PU& qUoT,%O-jj!�sGI auk, 4noqu AujziouA 4nuq4jkj 1pafaAans Oulaq 9.noLIZIi-i fPa4u.914saAuj 2ujaq 4noq�jpi 4q2noq sl &�.xadoau jo aoaju W -tioq Pujqo.1aPun 4judo 1 Sjqq, P040acaj gklou aaaq 2uj4SaO2nS mu I ev ,8uTUoSdaI Owus age UO 4padog unol 841 -PauOU Lutol a44 ajojaq paiveadu nug 'puq aiA SU14-GaW 43d -L aq:. : d 'Z09aaOD 9W SGAUaS 1-IOWaUl /:W JT, '.2U-Vpa000-v 19,od.; aq4 enju ' aOUWja9A V qOnS pa9U Asli4 zu-41, S!.Owj a44 4@Z 4uu puu squuW 81q4 TId puadq '�&4.xado.xd jo aoald v Ji'.nq o4 lop ajaq a1doau ago, jo 49uui ains wu I puv .44.xauoxd uxo I pu-a laiii-E-Lop pukisncjq� ua! zoj Aq,.zqcioxu jo aza-;d -u &nq into uuui W xoq puv4saepun 04 aw qqAuOqaq Aj@znjoqqv law uaAooqaq 41 luiq. jaqwnK -auu jaqwnu ej sjLjL c,)av 4U44 allOZGJ PTnObi !ZdqO, ' SjLjq. 4U-da2 QQ, a.X@JVL OA JI *tia-lu aToLix 4uq4 2uTuoza-x aq p-Enoii 51q� luujuldo Aw 6a 30 may, he wps asked If he knees that he -would have to obtain some sort of relief either by way of vRripnce or chenge., of zone rjhen he bought. TMM. aOLDBERG: He and vsriance . He didn 't ap.y zoning . lM- . BUDERWITZ : He SnAd varisnae. VIR. GOLDBERG: He comes before this Board and asks for rezoning . N'R. BUDERWITZ : No. We are here asking for s vprinnee . He hnd 'peen to the Town Roprd , ns you minted out, for a rezoning 4hlc`- eras denied. MT1. GOLD13rRG: T hqve no other questions . MR. BTTDERWTTZ : May T say for the ediflontion of nny Members of the Board st this time that the law says It Is nerfectly P11 right to buy what ip rt sub—standard lot and to Ftnplv for a vnrinnce or s change of zoning . And the knowledge of the fpct thst the lot doesn 't a omT)ly doesn I t bpr you from 31 ssking for the discretionary relief such as this . .iR. GOLDBERG: Absolutely. MR. ADLER: Put Mr. Buderiritz, Is it not Plso the la•r that one of the facts of the Poerd such as this must take into account is the knowledge of the buyer of �7hat he was buying tb the faot tbnt the Zoning; OrdAnnnee was in effect long before the Int eras purchased, and then , s ometring t4rhicb T hooe you will nut Into the record — if not , I will -oak questions rind gat it in — the fact that this lot is, in and of itself an illegal lot. Tt has no right to exist. MR. BUDERWITZ: I would object to the classification illegal. I *firould say sub--s tnndard. Whether it is illegsl or not is a very debatable point . SIR. A,DLM : All right . BY IT . ADLER: 0 ?fir. Fiore , do you know the square footege of the lot in question? 3? A The square footage" Q Yes s . ,A No, sir . MP . ADLE^ « Do you, Mr. Ruderwi t z? N19 . 'BUDF.RWTTZ : It is annroximatel,y sixty-seven hundred seventy-six squAre feet. i71. ADLZq,, T believe it is sixty-six. All right. BY " . ADLER: Q And are you familiar T%rith the minimum Pres recquire- ments or have you been made aiwrare of it for the use contemnlated, that is , a restnurant in this zone? A I don 't understand your question . Do you know thpt a one acre size lot is the minimum requirement for the use to which you dish to rut this lot? A Yes , T do. Q Did you know that at the time you rurehased. this rrorerty? A Yes . 0 Did you also know that the minimum width of the lot 33 wAs a hundred fifty feet and your lot variea seventy-six feet rlus or minus? A I know it vns one acre. T didn 't know wbether it was the footage , whether the footage was s hundred fifty feet or three hundred feet or tirenty-five feet . And the derth of your lot IS , I think, het4+reen eighty-eight and eighty-nine feet , dex)ending can which aide you me^sure , is that correct? ITS. B'UDERWITZ : No. THE WITNE�S : From what I understand, the measurements are seventy-eix point some- thing by a hundred feet. MR. ADLTR: A hundred on each a ide . MR. BUDFRR�=Z : Yes . MR. ADLER: Is it on the survey? liR. B[TDFR'vTTZ : It is on the survey. By MP . ADL'ERR: Did you, at the time, know that the minimum derth of P. lot for this intended use , that is , a restaurant in this rnrticulp.r area , was tT4o hundred fifty feet? A No, air, I did not. 3h • Nor. Fiore , you ar?peared. before the Planning Board seversl times on thin lot? A Once. Z Only once? A Yes , sir. q And before the ToTen Board? A Once. (Z Mly records indicate you R-Ppeared on the ?5th of January as well as on Februs ry 2 8 th . MR. BUDERWTTZ: Are you tslking now About one atopl is s t ion? IMP . ADLER: That is wb a t 1 *,rss about to ask. THE TITTMESS : One applicption TAra.s made to the Planning Heard, snd one a.nplieatl r)n was made to the Tovn Board. MR. WE'IN : If I may interrupt , I think It has to be one applic±gtion because when the a opl is n.t i on eras made to the ToTnn Board, It is rnutomptioally referred to the Planning Board for P. recommendation . I think you are talking 35 about one and the same applic ^tion. MR . ADLERo ;sr. Buderwitz , are you going; to -rout in evidence Anything about history of the lot , hov it ,=ras created? MR . B UD ERWIT Z : N o. PAR. ADLER : Will you do an at our request? I make thpt request because you must be aware of the fact that this matter is on record. A stenogranhic record is being taken , As I am assuming there will be afurther Court proceeding, and one of the factors to be germane will be the history of the lot . Ynu don 't have to rut it in if you choose not to. MR . BUDERWITZ : I don 't knew if I hpve the history of the lot. THE CHAIRMAN: I believe you will recall thst the Court , in its decision , returning the matter to us , listed n number of cress that ought to be considered by us , and as to which findings are required by us , Are feel that in 36 order for us to be in a positscan to mPke a proper series of findings ,, *re should have the evidence introduced before us and 1 thin:, since you are the petitioner here , you should be csrrying the labor on that. MR. BUDFRfTTZ: That mny be so, Mr. Yprnell , Qnd you ma.y be quite right on that. Hcmiever, that point was not raised by sae , but it was raised by the intervener in the Court proceedings . MR. ADLM ° He is right. MR. BUDERNITTZ : `o, T think it should be brought out by somebody else. T don't know exactly *xrhat the history would be on thsit . BY Nab . ADLER: Q Are you familiar, Mr. ^core , with the minutes of the meeting of the Tcmin Board of February 25th, 1p6r? i A Am I familiar with them? Yes . .Are ynu fpmilinr with its decision? T know they have rejected ,your apnliention . A Yes. 37 MR. AOLER: I would 1 Ike to rut can the record a rortion of the minutes of the Tot"rn Board of the Tovn of T?ye held Februnry 28th, 1966. I Rm now quoting and I am doing it in order to ask him P. aces t ion. "The use of the lot in question has been before this Board and before the Planning Board on several occasions . Each time, the 'Planning Board has recommended that the applications be denied. On October 25th, 1965, the Planning Board again recommended that the Instant retitioner's ariplicntion be denied and called to the attention of this Board ths.t the nronosed use did not conform to the requirements of a lot In A ClP District , and th t the lot was 'an illegal lot ' . That is the end of the quote. BY MR. ADLER: a Was this fact communlepted to you , Mr. Tiore? A Z received n cony of it. Cz You did? In ,your Prrliention before the - strike that, if you i4ll . 38 • In your Herring before the Planning Bc>ard Pfter your rppl ie ration iirns msde , did you s tste to the Planning Hoard whether or not you knew at the time of the z:urchnse thRt this lot could or could not be used for the intended restaurant? A I don 't think I was present at the Plrnning Board meeting. Were ,you rerresented by Mr. Puderwitz? I-1R. BTIDEPI-ITTZ : No. BY MR . ADLER : q You heard it all by the Trnm Rosrd? A May I ,just recollect? This Is my original application to the Plr.nning Board? ves , Sir. A Which vns rresented by Judge Pierro? z Yes . A Right . Judge Pierro presented it to the Town Borrd. Who srpeared before the Plsn ning Board , T do not know. That is why I sm asking you the Question. A You are going back two year now? 39 • Correct . If you don 't know, you don ' t know. A I don 't recall the Planning; BORrd meeting . Very well . Prior to your purchRee of this lot , did you make any effort to ascertain �rhether or not this lot which you have testified you knee.= wAs less than the one acre required for the zone hRd been crented witb the Rpprovnl of any of the municipal Puthoriti.es ? A I don 't understand your Question. IN, I m de it R little bit too long. I don ' t blame you. You have testified that at the time of ,your purc3hnse of this lot , you knew that you were r,ureshseing less than one acre in n one Rare zone? A ?tight . That makes this R sub-stnndRrd lnt . You understand that? A yes . Did you , prior to your purchase , make any effort to Pscertnin whether or not tent sub-stnndR.rd lot hed been carved out by Mr. Demane (sic) witli the An-nrova.l of the Town Board or any rather municipal 40 board, munlclon , being the Toim of A T don ' t know t.rhether they R-p-Proved it , but it was carved out . Q But d id you make sny e ff ort t o f Ind. out if the re hpd been sn,y Such r�ermission ggrSnted? A No, sir, T didn ' t . IQ Ts ]fir. x'ornpro, your rredecessor in title , reintpd to you in s.n y ern y? A Nov Sir. ^. ?fe bnugrt this in September of 16)L? A Th,-t Is right . And he sold it to you in October of 1064? A Right. When he purahSSed it in September '64., was he noting on ,your behSlf? A No,, sir. THE; CHAIRMAN : Do you have sny questions? BY Ml� . BUDER4TTZ : Mr. Fiore , rfho s.TAS your attorney st the time you rurchnsed the lot from Mr. FornRro? A Mr. T�+ie in. 41 • '�hicl, Mr. Wein? A Mr. Malcolm !4ein , of Wein and Wein . YR. B[TDERWTT Z: I have no cues tions M.B. GOLDBERG: Mr. Chairman , can z,re find out 'hen this rpreel was cPrved out ? To me , it is most Important. When the parcel was originally cprved out to he selInble , did the Town Board , did the P1Pnning Board , did the Zoning Board or the Zoning Board of Appeals grant any permission at all? Was this Rn illegal act? THE CHAIBN:AN : As I understand it , the `hopping Center was created with the A-�nrova.l of the P1s,nninp; Board. T really don ' t knmr what the situation is rfrith respect to this particular lot . T don ' t know T,,rhether thr t was on the rlAns or not . M'R. ADLrR : The record in Court shows that when Mr. Demane and his urife sold to Hillandple, they kept the small parcel , and. LL2 thpt this lot thPt was eerved out was so c prved without the Arprroval of the Fle.nn ing rB.oerd or the Town Cotmoll . It is a. mptter of record. in Court . It is there ter- a mAtter of rublic record, end we have e riitht to take notice of trnt fect . MR . BUDERWTTZ : Mey I ask you what you Pre referring to when you sear a mptter of Court record? MR . ADLER: This is the decision of Judge Coyle in the nroceedings to which you were a perty under Index Number 7308, of 1g66.. dated October 9th, 1966. MR. BI.TDERWTTZ : Do you want this mprked as era exhibit? (Received end Mprked Borard' s Tybibit 2. ) 1M . ADLER : Off the record. 40 (`Thereupon , there was a discussion, off the record. ) THE' CHAIRYAN : Do you have any further questions? 43 MR. BT.UE'RWIT Z: Yes , I d o. I have two further cuestions . BY MR . BUDE-.RWTTZ : Mr. Fiore , at tine time you purchased the property from Mr. Fornaro, do you know who surveyed this lot? It wva surveyed by — — Mn. ADLER: Doesn 't thy► t enpepr on your exhibit? THE WITNESS : By Mr. Munson . BY MR . BUDE'RWITZ t q !fps he s meaner of the Rlnnning Hoard at the time? .A I bel i eve he was at Vint time . Iz After ymu r.urchssed the lot, did you hsve Building Plsns dreT.rn ur *®rhich you presented. to the Town Board And which. were before the Planning Bosrd? Yee , s ir. . q, Who prepared those plans'? A Mr. John Liptak. r, And at that time , wns Mr. Liptak an officisl of the Torn? 44 • A He w€e the Chnirman of the Flnnning BoPrd. '17. BUJE'RT°�I TZ : T vTou1d. like to point out on the record - now, I am Finished with -questions of t' r. Fiore-- tbp.t T.+hpt is r_r. ornosed on the building T�rould Petuslly very the front yerd requirements of the 4rdinnnee eighteen feet and - - IrR. ADLF, ; How much? MR . MIDERr47TZ : Vighteen feet , front ysrd r6enuirements and v,.irrr the res.r yard requirements by twenty-five feet , Pnnroximptely. MR . ADLER: Whet measurements nre you redicfit ink; that can , Mr. Buder^aitz? MR. :MEIN: Off the record.. ('Thereupon , there wes e discussion , off the record. ) By 3l. ADZE R: Q Mr. Fiore , would you take Exhibit Number 7 , please? I believe that shows P lot, ,your lot to be snnroxi- mately P. hundred by seventy-six? A PlFht. f�5 • �, x-�-st is the minimum de-oth of a lot in. thFt Prep , are you aware? Across the street or can my side? Your side of the street in your zone , CIP , vhst Is the minimum depth of a lot? A That , 7 don 't know. Q Do you know, what the minimum width is ? A For one Rare? q For a lot in a Cl? Zone's A No, air, I do not. 1M. ADLER : I would like to put on the record the portion of the Zoning Ordinance of the Town of !Rye As amended, Section 66-30, which refers to u1P, Plnnned Neighborhood Retail Districts , -nd with Rrecific reference to Parr.grarh E. ', inimum size of lot . One - Area.: One acre. Two - Widtha One hundred fifty feet . Three - Depth : Two hundred fifty° feet . In other words , the minimum lot would be one hundred fifty by t*,ao hundred. fifty. With that 46 • knowledge before you, c?n ,you no,.r tell us how much of s varinnoe you Are seeking? rM . BTIDERW TTZ : I ann answer that if you will rermit me to. THE WITNESS: T don't underetsnd what you are trying to get out of me . MR. BUDERVtTTZ: We are seeking the following variances ; thst the area of one acre be varied to permit the use of n lot hian is approximRtely sixty-eight hundred so,unre Feet. MR. . ADLE:R: Sixty sever. , I believe . M'?. BUDE'RWITZ: Sixty-seven seventy-six. Th ^t to ?,,,,by I a Aid spriroximptei ,* sixty-eight . ADLM: All right . BTIDERWITZ: The r�ri;}un being a minimum of a hundred fifty, sve hsve seventy— six. We are asking for nlmost one half ehsnge. The depth , Vtsro hundred fifty, we have A hundred. ,le are neking; for a change from two fifty to a hundred. We need a seventy-five foot front 47 yard , and Tee are asking for Pp-oroximPtely a fifty-seven foot front ynrd. 1M . ADLER: ?Where Pre you going to have your fifty-seven feet? You are tnik_ing about from the building to the curt line? P. BUDERWTTZ : Thflt is correct . Y'l ADLER: Hoer much of that is nrorerty which does not belong; to n lot since oast of that is dedicated for sidewalk rurroses when €end if constructed? MR. BUDERWITZ : I am talking Pbout the lot line from the survey. That is all part of the lot. M. ADLE-R ; Not subject to nn easement? MR. BUDE'_R4TTZ: I sm not sure whether it is or not. PM. ADLER: It doesn't show on the survey, so, we assume it is not , so, you have fifty- seven foot. MR. BCTDERWTT7 : Front ye.rd. The rear width required is seventy feet . So, we have 49 • provided for a five foot rear yard. However, I tril-I also ask the Zoning- Board of Appeals to note that the rroDerty in the ren.r is awned by the ?Rye Ridge. There Is nothing Immediately ad jAcent to the property exc3ert vecnnt 1snd which goes doT,mhill ns a sharp dronof'f and there is a drivewray. S o, it is not n question of the rent yard interferring trlth the repr or side or front of my other building immediately contiguous to the rrcmerty. Any other questions? THE CHAT iMAN : Do you bAve any further Vritnesoee7 MR. BUDERWITZ: Yes , l do. (The witness wns excused. ) 49 EUGENE F. RUCKLEY, hpving been duly i sworn as a. witness before Vincent N. Piliero, C.S . R. , a Notary Public , 'Mate of Nerr York, testified as follows . (The Renorter asked the *witness for his name and Address . ) THE WITNF85 : Eugene F. 3uckley, 121 Columbus avenue , Port Chester, Net-T 'fork. DTRECT EXAMINATION BY MR . BUDERWITZ: Q1 Mr. Buckley, would you tell us what your profession is? A I rim a licensed repl estate broker end srpreiser. Q And for how long hove you practiced that vocation? A In the past thirty—six yeprs . Q Mr. Buckley, would ,you tell. the Roprd just *,There you have nra-cticed ,your voeption for these past thirty--five years? A T nrpcticed mostly in Westchester County Pnd Part of Fairfield. I also served as the Assessor of the Tom of Rye and Vilinge of Fort Chester for a ixteen years . I have served on the Roprd of Review of the Tom of Rye for three years and two ?'ugene F. Buckley-Direct (Budemritz) 50 years , Rs Chairman . I am nou* serving; in the Commission of Apnraisal in the City of New Rochelle. I have served in the City of Yonkers , in the City of White Plains . I hpve worked for the Town of Rye as an Arnraiser, negotiating they sale , right- of-way on South Ridge gtrept . I also appraised the nronerty that ,,e ha.ve taken for the right-of- way for the Torn of Rye , and also , negotiated temnornry easement for the Town of 'Rye. Mr. Buckley, are you familiar with the pronert ies Along South 'Ridge Strept in the Town of Rye's A T am very familiar. 1z Now, can you tell the Board what the nature of the properties on the southeasterly side of `south Ridge `street between Willipm `street and Bowman Avenue is? A Well , I could show on the mAp. I think it will be easier. This will t:nke part of it . This is the Official Tax ;tar, of the Town of Rye . You can locate here . The nroperty in question is nnrroximatel.y across right from T'Llendale Avenue . If I start here At Franklin Street , this lot here is seventy-sic by a hundred. Eugene F. Buckley-Direct (Buderraitz) 51 Q And that is lot number I? • A 1-A. Q, 1-A, in Section -- - A In Black 24, Section 1 . Lot 26-B is sixty by n hundred sixteen, s nd n house is s itunted can it . Lot 259 21� Pnd 23 consist of a hundred fift�r feet by s hundred . Tt is three s eparste lots . That is oined by one nprty and this is irhere thst snack bar is . The snpek bar being known Ps *4hat? HR . ADLER: V J. MR . RUDERWITG : V J. THE WITNESS : New, on the southerly side of F1lendsle Avenue after going to-rards William `street , Lot 1 i- fifty by A hundred and hps a house on it . Lot 26 is vacant , find that is fifty by P hundred. Lot 25 and ?4 is s hundred by a hundred, and that lot containe stores And offices , retail business . BY THF' CH.AIT"MAN : q Excuse me . 14hen ,you say s_ hundred by a. hundred , you Eugene F. Ruckley-Direct (Ruderwitz) 52 are referrincp, to the two lots? A Two lots , ench t��renty-five - -- RV " . GOLDBrRG: Z Excuse me . Were a]_1 these nercels there before the 1951L Zoning? A Thn t Is r ig ht . 1,17. GOLDBERG: 1.1hPt is the point of this? MR. BUDERWITZ : It is very materin.l . I *,-Tnnt to shoT,r the essential ch,raoter of the neighborhood could not be changed by the granting of the v e rinnce . THE WITNESS t The lnt ?? is one hundred fifty by R hundred , P.nd there is R house on that. BY THE CHAIRMAN : q Did you cover Lot 21L? A Lot 24 is in with 25, both fifty feet . Now, you have the stores there lobere there are four covering offices and storr+re . How about 267 A 26 is Pt veonnt lot . Tint is fifty by n hundred n1so? qqq, O%Uj pvaa I i;6K : Z Jveusanq -UX *;I pvcqh :uariGy iiw * q.T, lqOqS 4luop 9,1 lalaq :yaw Sjq4 UO U9A@ 4002 nos *Qpdq4 .04-0qq 4, UOP a aq4 qnE -4qSjj 014vqj v 4401 SlaJold * a" 04 0911dau A IL �VL4 U0T4uOl3lSf:iUjO OUTU02 aq4 2ulaq 40ja4aja 4TO u I;ojjqqj(- alo e ul pa4ZTmjad aja qolqAA sagn ajujouWa aq4 jo Its 99,1waou qoj .; �ojaosj(j -Lju�aLj pooq-WqLj,OjaX v uV pa4aioo-L el paqlaosep qsnC 9AULj YWA 4vq4 4bq4 avq4 Itoux nos Op IsTaxotia -aw : zLijiiia(iiia , d-IWL14 uSul aL{q, C)q, Au-ipa000k� 19,1 UO 2uluoz Ou ST aseq; Iclq4iaqjvk ISJO48Iq ar"4 aqq, Aouq 4luop I * au, 14 aluoe .10j aaaq4 Sea ;wAq, iataqq. sassaujonq 9,mo -L-L-u Zuq; @on 2uTwjo;uco—uou v 91 ;-; :du-VpTTng aqq, uacp OuTaq woaj puw�uaapun I �nq 4dwW AujuuZ aq4 !.0 pa-AuoT aAwq I Illal,,, V a.Wpla L14-nuS jo apla quqD, uo aS do uxul oq :� .10 91 2UTU02 aq4 4uqA kxoLr4 nos UP AaT4()na -.Ih 'C' ZlIpluacing "UK A& -081d peapunq u Aq A;JTj v aua2n,- Eugene F. Ruckle,y-Direct (Buderwitz) 54 record nt this point Section 6631 of the Zoning Ordinance of the Town of Rye, permitted uses . .All of the uses permitted in the Cl? District - - MR. ADLE`R: Are you reading for Cl District or C1P7 '�R. BTJDTRw1TZ: No. T P.r: reeding for A C1 District. Thnt is Neighborhood, Rets.11 District which is the District of these , ?where these properties are located. THE CHAIRMAN : The heading; is headed Principle Uses ? MlR. BUDER'TTZ: Teat is correct. I am going to skip the permitted uses . I don't think they s.re germane. T nm ,going to sub- division E i,rhich says minimum size of lot , the requirement is knorn. There is no minimum lot size requirement . MR. ADLFR: May I ask the be€.ri ng on this hearing which pertains to a lot in a ClP District of the matter you hsce read into the record? Eugene F. Buckley-Direct (Bud.er,,~ritz) 55 MR. BUDERWTTZ : Yes . I want to show that the essential chnrncteristice of the neighborhood on south Ridge `street , east and west of the netitioner's lot , is business on one Ride , one acre. On the other side , business , the ssme use is vermitted; no requirement to show that to grant this varinnee on A sub-standard lot on one side of they street -vould really not change the essent is.l characteristics of the neighborhood which includes both sides of the street. And I will rend sub-division F. Minimum yard dimensions in feet . Front , thirty feet. Side , same as in C1P above -which - - MR. ADL P : The same no R-?Q. the rear yard requirement is thirty feet . BY MR . BUD RWIT Z : 01 Mr. Buckley, hsve you formed an opinion, nssu.ming that the varisnces Ytrould be granted, ss to Lot I -D Eugene F. Buckley-Direct (Budervitz) 56 as to whether or not to permit a restaurant of the tyre proposed here on Lot 4-D , whether or not that t,rould. change the eseentisl characteristics of the neighborhood? A No. My opinion, it would not . You have an opinion? .A S have had t hp t for ven re . And *,That is ,your npinion? A Well , my opinion , the trey this lot is situated on the i,resterly side of South Ridge Street, you have only the `hopping Center on that side , and the next building to it, clog e to it is t,),hat you cnllthe Ridge Bowl , Ridge Lounge and the apartment house , six family apartment house sll attached to one r. lece. No,,T, this is a straight-a-way coming south on South Ridge Street. There is nothing; to black anybody's vieinr at all of this nerticul^r niece of nronerty. There is no dangerous Qondition created by grpnting this variance . Nnrr, you hAve a tremendous amount of people going; in and out of Ridge Bowl every dray. You 've got the bowling* alleys thF-re . They go in Eugene F. Buckley-Direct ( Buderwitz) 57 day end night. I knoT4 I stay -cross the street and I go by everyday. You see six same , eight cn.rs . You only see it around the 1 uncli hour, s.nd that is the only time I think you get any business. This tyre of business is around lunch hour. . I ©an 't see rrrhere it creates any danger. I irould rather see this type, a nice designed building since now, %,re hRve qn Architectural Board in the ToT,rn of Rye And have them arvrove the nla.n and heave it there . It would be better than nutting up a tiro box tyre family house. I have had ths-t opinion for years since I first stprted. When I was Assessor at t?nt time , the Manning Commissioner made it , let them create two lots rractiea.11 y in the neighborhood, the whole block un, from Crescent Place ur_, to Bowman Avenue . They crested it and left this seventy-five by s hundred right in the center. T thinit. the Planning ?hoard should be blamed for it. MR. ADLER: I think that remark cnn be stricken from the record. It is gratuitous Fugene F. Buckley--Direct (Rudenoitz) 58 Pnd insulting and not germane to anything before this BoRrd. THE CHAIRMAN : It is this witnes s 's expert opinion. BY MR. ADLER: Q, Is that ,your opinion as an expert' A As an expert , that is my opinion. BY THE CHAIRMAN : Mr. Buckley, *,Tould the surrounding property, that is , the Shopping Center, the bo�rling alley and Rnv other pronerties , in any gray, be depreciated or deteriorated in value by the addition of R restAurant of the tyre Mr. Fiore contemrlates? A No. I don 't see -where it could rossibly be. They have had to have variances on the bo*-rling Plle ys . Mr . Vein knows they had to go through this years ago, and they hs.ve granted variances • on this pn.rticulRr -oro-certy that is adjacent to it. The nearest building to the Shopping Center, I vrould say, is a.pproximptely eight hundred feet northT,rest . Eugene F. Buckley-Direot (Buderwitz) 59 q is that the bank? • A That is the bank, the County Trust Bane. It is about eight hundred feet, just by guessing, snd I am pretty close to my guess . Now, where can it hurt anybody? It certainly cPn 't hurt the bowling alleys . MR. GOLDRr" G: Can I ask the 1rti.tness? THE CNA?PMAN : "urel Y. BY a . GOLDBERG: Mr. Buckley, Z know you are an expert . I kno'v you quite n long time. Now, as an expert , if you were sitting where I aril sitting, 'ust follow my questioning, -please . The dimensions required b1 the Zoning Code , the width is a hundred fifty. Mr . Fiore has seventy- sit. The depth required is two fifty. ?fir. Fiore has a hundred. The front required is seventy-five. Mr. Fiore hae fifty-seven. Vie rear is thirty. Mr. Fiore has five . These are the dimensions that are before this Board . witting here ns a Hoard Member on the Zoning Board of Apreals and if you were sitting here , Y#hen the widths required is a Eugene F. Ruckley-Direct (Budenwitz) fir, hundred fifty rind you a.sk for a variance of rretty nenr hnlf, when the depth is two fifty and you ask for precticall y three quRrters ref the required amount , and every dimension thst is required , it goes fifty percent, pretty near seventy-five percent , right down the line , in all good conscience , Mr. Ruck- ley, a.s P. Zoning; Board of AnpePls Member Pnd you being an expert , you knour *�rh t the province of the Zoning Board of Arpenls is on varianoes or changing zoning . This is -what I am sitting here for and I guess every member here is . We are not here to try to take aNray from anybody. We want the community to grog. V!e grant to see more businesses here . Tf P. building should go ur there , it would be more taxes . Tris is the way I look at it. Rut this is not e. va-riance. This is R changing of the -wbole zoning law. But vlt?) ghat is before us , I arrreciPte the nice building. I apprecinte everything T see . Rut T also have to go according to these numbers that -we hRve got before us , and these numbers Pre tremendous . Tremendous . Do you agree with thPt? Eugene F. Buckley-Direct (Buderwit z) 61 4 Well , I don 't look - I look at in in another -tK,ray. i 1 know the dimensions Pre P tremendous amount to ask, but ,you have a condition here and this is the anly zoning such as large tires, such as this in the Town of Rye. There is no rather business Zoned such as you have here , and you only hpve three parcels in this block. Now, to give a nice designed building on that is not going to create any hardship or any deDrec:intion . its I spy, there is no danger erepted on South ridge or going north or crossin ; in or out . You brought ur before crossings in pnd out . 1f you go un there Rt Ridge Bowl , V011 will see t^ro thousand c Ars a day going in and out. BY MR. ADLER: q - ov mPn y cars a dp y`"r" A About two thousand a day. You see the women bo-wl morning, noon and night . You go up in the mornings , it Is racked in the Ridge Bowl. I j us t wanted. to mP ke sure I heard the figure right . A You go up there. TAR. ADLER: If anybody in the c,urienc3e Eugene F. Buckley-Direct (Buderwitz) 62 feels it is necessary to augment the testimony of the witness , they will be entitled to sit in the witness ehnir , be sworn and testify. You rave already been told by the ChAirman of the Rop rd there will be no Pudience participation in the testimony of a witness . TRH WITNESS: In Ans--rer to rir. Goldberg vhpt would I do if I were sitting there , T would do ghat I thought r►muld be best for the Town of Rye , thi t rroul d be granted not because I am getting a few dollars to testify here. 1 have thought of that for many yeare . But this lot standing there without a building on it , nothing could be T?ut on there but P. t-pro-family house. But to me , a. tvo-family house on thst lot would • be ugly. Dint the taxes tbnt we need for our Schools and everyt?h in!� else , T thingr. you would be doing the right thing. T',n t is the way I would act . Eugene F. Buckley-Direct (Budervitz) 63 Tin. GOLDBERG: Thank you . �S lAt7 3lTF�7��+ ,/T Rv MR . BTJidGRTi'P1.TZ Q, Mr. Buckley, in your opinion , voulc3 the restaurant use on this property cause any in population Increase in that area? A Practically none. Would it hsve any effect , detrimental wise, on the existing municipal facilities in the Tcrrn of Rye? A No, it would not. Now, Mr►. Goldberg had Asked you A question and onlling attention to the requirements of the ClP Zoning Area which, as you said., is the only one acre district in the Town of Rye, it includes only three parcels of land. Now, would your testimony be the s nme t,hn.t the variances required Trould be substantial if the lit wns on the other side of the street and the neighborhood retail district • where there is no minimum lot requirement And Twhere s restaurant is also a permitted use? A Well , what do you mean by that question, Mr. Audervitz? Q, Would. you feed that that T.rould be a substantial cshnnge? Eugene F. Buckley—Direct (Ruderwitz) 64 A substantial vznrinnae would. be required if the lot mere on the ether side of the street? A Of course , no varinnee would be necessary on the other side of the street; and furthermore , the other side of t�r, street, if you go to where thst little restaurant is , if you notice there , the perking area goes back only thirty Peet at the most , and it t&kes a drop into, T. 1lendale avenue . There is no way hardly to get in end out but backing out. But here , you have a. lot of a hundred feet depth, and I think the right design on it will be very helpful to our community. Igo you kno-r if there is a double yellow line in front of the bowling PI-ley? A T go up to Pidge Lounge Quite often . I never noticed theca. BY MR . A,DLER: But you did notice two thousand cars a day coming in and out of the bawling alley? A I know there is a tremendous amount . I know it is a little exaggerated, but tier a is a tremendous amount of cars. Eugene "P. Buckley—Direct (Euder�ritz) 65 One of the factors this Roard has n right to take • into account is its personal knowledge of the area , and I traverse that street the minimum of tuTice a day, the courtesy of the NeT�r Haven Railroad , and there is a double yellnw line starting from Rowman, continuing on down to where the f first street Intersects which , I believe , is npnroximQtely onnosite the drivegrav of the bowling Alley. A Well , I think ,you probably notice , then, if you go in the Ridge Lounge or bo%rling Alley, everybody crosses it . Nobody ever goes down Pnd turns around . I have never seen Anybody go down there. Everybody crosses the yellow line , and I thought it was Dermiselble under the 1Atr if you are entering -private property to cross A double line . BY THE CHAIRMAN : Mr. Buckley, do you MAve any opinion as tr, whether or not there would be Any greater trAffic hazard occasioned by that tyre of lot as distinguished from the one across the street *,here Mr. Fiore hsd his place before? Eugene F. Buckley—Direct (Budex",Tita) 66 A No. I think it -ould be about the same tyre of business , small business . Not a large building . And here , it is n much ssfer lot on this side by far than where it is where the present snack bar is up there . On whet do ,you base your stntement throt it is a safer lot? A Because you null in just off the street. 7 don 't think you are five or eight feet , at the most in , wart of where the building is when you pflrk there. I psrked there mRny times . You are talking about the lot across the street from this present property? A That 's right. If you go in where the building, you are gust a feTr feet from the street . When you go down the building in , you onn null down a little further. BY WR . BUDERTWTTZ: Q, What is on the proposed lot? You have �*hat , Mr. Buckley? A Plenty of room if you designed it correctly. Eugene F. Buckley--Direct (Buderwitz) 67 BY MR . A DLER Of Mr. Buckley, nre you fsmiliar with the minimum -narking requirements for n lot` A Yes'. T rend the Code . One r rhin 7 lot for unary hundred square feet of building. I would like to ce11 your attention to the fact that theme Is a minimum narking nrep requirement of a hundred seventy-five square feet rer car. A That is the Code I just read. Q You are talking about P. rela.ti onshin to the building? A Across the street. 1Z C1P, n. hundred seventy-five squflre feet ner car? A Tight . Can you tell , from ,your knowledge of this lot, having been called as an expert .. whether or not this lot meets the requirements for the parking of eleven, enrs? A 1ell , eleven cars , the lot contains seventy-six hundred forty-six square feet , Pnd for the size of the building, I don 't know the size of the building. Fugene F. Buckley-Direct (Buderfiritz) 68 • Q I am not trying tr, push you. If you don 't kntrer, you don 't know. A I am saying the design of it , there is plenty of land, more than plenty of land. You get more than eleven narking spaces . Is it your opinion, knouring this area and kno-wing the flotT of traffic ^nd being an expert in the real estate field_, that the only people who will come to this prorosed restaurant mill be these who Toi,ll be able to rnrk on the pro-nosed lot? A Thet is the only possible place you can park; on South P idge Street. Tsn 't it a fret thrt they now mark illegally in front of V J or, T should sny, north of V J and parallel to the curb in front of the house thr-t abuts the V J property? A Well , once in a while , I will see them there. But , of course , thn t is not permissible . But it does hgrr.en? A It happens very rarely. q, Becauc a the -?atrons want to go into V J? Eugene T. Huckley-Direct (Huderrritz) 69 A I see them stor there , grab n sandwich for a couple of minutes , And get out quick. A car around the noontime hour. Have you ever been there in the evening snd see It happen? A I don 't go too much In the evening . How about Saturdays? Did you ever see It being narked in front of V J parallel to the curb'? A Fe has very little narking there . But that is not my question. I en-To them nFtrked there . Is it ,your opinion that this would not occur In the nror_.osed use of this lot? A I think you can get sufficient parkin; in this particular lot beonuse of the area of it. Here, you have a lot that has got about three thoussnd feet of usable area. Here , you have a lot with • seventy-six hundred fifty square feet . Tf ,you go bask seventy-five or thirty feet , I don 't think you have three thousand square feet . Where can he get his parking unless he fills up in the back and fills it in. Eugene. F. Buckley-Direct (Budemritz) 70 G� Now, let ' s address ourselves to the questions that T asked. Do you believe that as business builds ur for this rroposed restpurant , thht there is a reasonable likelihood that more neonle *fill come then there are rprking places for? .A No. T tell you why T don 't believe that . Because this is not type nlpce you sit do-,%m and have dinner. This is a_ auiclr snack or a. hot dog for the kids or something; like that; snndwiches and stuff like that . Thst isn 't a place where neorle linger. This is ai place you go in and you come out . BY THE CHAIRMAN VIr. Ruckley, in passing thrt area. on my VRY to the same Nei:T Hnven Railrond train thpt Mr. Adler takes , T hsve noticed a sign for r veterinpripr on the side of the howling alley. Are you famllitxr kTith thnt7 A No. 0. HRve you noticed that sign? I -was just wondering whether or not thnt *mag one or the -permitted uses In a C1P Zone? A T do not knoq thrnt. Fugene F. Buckley-Direct (Buderwitw) 71. Would there be any problems created , traffic- wise , by that kind of use thst would be, in any way, different From Vint of n restaursnt? A I wouldn 't thinly so. Q, You don 't kno%, where that is Inested can the property? A I thinit thpt has got to be on the south side of the building , in that area , because there is a narrow driveway going down to the back on the north side of the building on the Ridge Bowl. Q, Do you knmi, though, 'rArhether that is in the back or actually, on the side? A i don 't know. T never checked it . Q How is access obtained to that side? A ?dhrgt is thpt? Are you fnmilirr with hoer access is obtained to that side? A To the south side? Q Yes . A There is a r.srking cren through there . Tt goes down quite a 'ray. Eugene '". Rucklev-Direct (Rudenjitz) 7P THE. C HAAIRMAN : Do you have a picture nt thA_t side? MR. B UDER?+II T Z : Yes . BY THE CHAIRMAN : It is actually the side ths.t I noticed the sign on , I believe , is to the left of the Ridge Bowl going south, and I don ' t recall gust where it was locPted . I Just have a recollection of seeing the sign as I go by. You onn 't enlighten us Fit ell on t hP t 7 A No, I enn ' t . BY M'? . GOLDRERG: Q Mr. Buckley, do you kno�r hots men,y seats this restnurpnt would have? A No. I am not too fnmillsr T,rith the restAurnnt . As T told you , I was with the ArehitecturAl Board. We Dave one in the Town of Rye. I think thst it is their duty to gee that the right and proper building; is put on if the varinnee is granted. BY MR . ADLER: q Mr. Buckley, I think you testified earlier that you Eugene F. Auckley--.Direct (Buderwitz) 73 felt this would be of a beneficial use to the Town as far as you are concerned for this property and this area , in your opinion . Now, you also -- strike that , if you will . You also testified that you felt there would be no increase in traffic hazards from the flaw of traffic , is that correct? A That 's correct. Q And you so the fact there would be cross traffic and it is directly opposite V J which Is also a problem? A Yes . Could a house be put up on that lot? A I understand that it could be. It could be. Would a house on that lot crePte less of a traffic hazard rrobl em than this proposed restaurant use? A I tell you, if you know the situation and the operation of the Lounge, it is very doubtful , in my opinion , that a house would ever be oonstructed there. Now, you hI nve a Lounge there with a large Eugene F. Buckley-Direct (Buderwitz) 74 bpr. They have dancing Friday, gsturday and Sunday nights , and entertainment there. Now, I don ' t think anybody in their right mind would want it . This would be within Vrenty, t7•renty--five feet from vhe re the music is . The music is situated on the righthand side looking right at it, rigbt next to this lot. I don 't think anybody would want to live there with the stand living there , do you think, every Friday And Ssturdsy night? That doesn 't answer my question . A I amjust spying I don 't think anybody - I think it would look rotten and I don 't think it should be allowed to be built there. Y THE CHAIRMAN: Do you, as a rea.ltor end evert in the field, believe that s customer cotild be found who �,,ould Is be willing; to build a home to live in on thPt lot? A I don ' t think you could. 'Aio would vant to? THE CHAIRMAN : Do you hpve any further questions , Mr. Buderwitz? Eugene F. Buckley—Direct ( Buderivitz) 75 MR. BTIDERWITZ : No , I don 't . THE CHAIRMAN : Anyone else 7 ( There was no response . ) THE CHAIRMAN : We .rill give the Renorter A couple of minutes to smoke pn othe r cigarette. Mri. BUIDERWITZ : Before 11r . Buckley retires , mpy I hpve this sheet deemed marked in evidence . M,?1. ADLER: You Are going to have to furnish a copy of it because , you know, of what is going to happen to this record. MR . BUDERWTTZ : No , I don ' t know what is going; to happen to this record. MR. ADLER: It is going to be kept in the office of Permanent Records for anyone to expmine . To deem something marked would deprive a potential expminer of the records the Ability to see it. TFY, CHAIRTTfAN : Mr. Rude resit z, you o€gin photostat thpt. It Y411 be deemed marked subject to photostating. Eugene F. 'Buckley-Direct (Ruderwitz) 76 • MR . RTMEP"ITI'Z : Let It be known for the record. that it is Sheet Number 15 shoT.,ing plots 27 , 24, 25 and 26 , betTrreen Franklin And_ William Street on South Ridge Street. THE CHAIRMAN : Very, g ood. MR. BUDER?.M Z : Thank ;you. (Received and deemed mRrked. Petitioner' s Exhibit 12. ) THE CHAIrOIAN : ,,Je i-rill have five minutes recess , ladies and gentlemen . We -rill reconvene here in five minutes . (The witness -vas excused. ) (Whereur_en , them! wes A short recess after Trrhich , the Boprd met -rursunnt to r eces s at 9: 50 P.14. ) THE CHAIRMAN : Ladies And gentlemen , gill you please take your seats Je Pre going to reconvene now. MR. ADLER: May I ask a question? THE CHAIRYWT : Yes . 77 Mq . ADLER : Mr . Ruderwitz , you have submitted sn Exhibit 8 Llhi ch is a survey of the rronerty dated May 1061 whic�, shows the Lot dimensions to be different than those reflected on Txhibit number — the Exhibit is over here . TFE CHAIRMAN : This is Number 4. MR. ADLER : It is different than the measurements sho*,*n on Exhibit Number 4. Just so thpt the record is clear, do I understand thAt this 1461 survey is Introduced solely for courses snd that the actual measurements of the lot are those sh.oTen on Exhibit 47 PAR . BUDERWITZ: That is correct. 1:€;3., ADLER: Thanh you. MT1,. BUDERt,,ITZ : At this time , I would lice to introduce the decision of Judge Coyle in this matter, Find make it r.Prt of the record. THE CHAIRMAN : '-Iasn 't that what was marked? 79 MR. ADLER: No. T read part of it . THE CHAIRMA4N Will you mark this as the newt Exhibit? (Received and mnrked Petitioners Exhibit 11. ) THE 0 HAIR�-IIAN Do you have anything further that ,you -k;,nt to cover? MR. BUDETly,lTTZ, Not by way of formal testimony, but I -r-rould Like to reserve a closing argument to the Board until after. THE CHAIRMAN : Yes . We will hear from the general public , and you Drill have an opportunity to make F closing argument. MR . GOLDBERG: I would like a time limit of three minutes on the general public . THE CHAIRMAN : Well , we Tail1 decide on the time Trhen they are s? Baking, whether they ar. e being unduly -proli�h. Before T,,re henr from the publio , T vould like the record to shc+w that the Boprd hRs received letters in favor of the gr^nting of the 79 petition from t!.ro of the ad joining property or owners who here notified by the Toam Clerk's Office of the rroceeding; Esther Westerman end Domenic Coviello, and letters from the following taxnnyers and residents of the `s'ovn of Rye , also , in fsvor of the grs.nting of the variance; John J. CRasone , Robert J. and Julia N . Urban , George D. Engel, Yr. snd Mrs . John LoPsrco , Angelo 5ummR, Vincent SAbsto, Christy DelVecchio, Danny Summa, Dave Seiandra, Jerome Rappaport , Mr. and Mrs . William Summa, Joseph Licari , Louis J. Messina, Marry Ario, Rocco Catalano , snd Thomas Ceraso. In order not to encumber the record, -ve T,rill hsve these marked or deemed marked as the next Bonrd' s Exhibit which I believe is Bosrd Number 3 , Ps a group Exhibit. (Received and marked Bonrd's Exhibit 3 . ) THE CHAIRMAN Is there anyone of the genersl !public here thpt wishes to be herrd with resrect to the aprolicsti, can either for 90 or RgPinst? Firm , I Mould like to hear from Pnyone *,:rho would like to sneak for the Pnnlioation . Yes , sir? Will ,you rise Pnd give your n?me , n.iease, and address? MR . FRANCIS : Pherbore FrPneis , 17 Chesterfield Lane , Toiq-n of Tye. I knoT.r Mr. Fiore for a number of years . He has alwsys run a nice restaurant , clean, and I am in favor of this change of zoning, whatever you want to do for him to nut up his building, and about the traffic situation, I think ? got more traffic here than anybody in this r1sce, msybe , all put together. 7f that traffics hit , if it is going to be like that , whether he nuts P restaurnnt or if he ruts P house there , he is going to get popped If he doesn 't came out right . The people • coming out of the alleys snd out of the 9honping Center, are there all dRy long . I was in the cab business for sixteen years . Now, l drive a. truck tend I still go by there 91 • Pnd see ,rhe-t goes on . it is not as bRd as people make it . Tt is all tin to the individual coming out of the driveway. If he is sn idiot, he is going to get elipred , tend then, another thing, Mr. Fiore is related to the opposition . It looks like a family argument here , -no the Board has got to be an arbitrator for a family argument . It hPS taken two years for this srbitrntion . There to ill feeling , mpybe, among the family. They don 't want to see him nut his made up, Banc! I say it should be un because it t,,Tould be a beautiful building. I have seen the plans . I know quite a bit about building, and I think you should give him the change . TT-T, GHAIRYAN: Thank you. Anyone wish to spea),� in favor of the grunting of the variance? That gentlemen that is standing now. MR. VALTZ: T rim John Valt z. I live at 275 Lincoln Avenue , Town of Rye . I have brought with me a letter which I meant to �2 have this Board accent, setting forth my i opinion , rather concisely. THE CHAIRYAN : Thank you. MR. VALTZ : I feel that as Ridge Street will be zoned sooner or later, the smAller lots will nrevail and I assure there Tron 't be any one acre lots along; the road so t bA t our concern with the fact that this is sufficient in size is possibly at this noint more conspicuous than it will be a year hence or whstever the general zoning will be accomplished. This is my general feeling. I feel that this U7111 be a good neighborhood service situation and I would like to see it come about. Thank you. THE CHAIRMAN : Thank you . The letter from ?fir. Valt z will be added to the group Exhibit 3 , Board 's Group Exhibit 3. Just for the reenrd, I would like to note thst Mr. Valtz wee a member of the To+.rn of Rye Planning Board. Mr. Valt 7, , was that during the time that Mr. 93 Fiore 's application enme before the Hoard? MR . VALTZe Yes . 1 reen.11 that. And at thAt time, �Te e=,rere bound by the technicn.lity of this size sufficiency, and therefore , could not do anything about it . THE CHAIRMAN: Is there nnyone else? Yes , air? MR. `3UA"MA: Danny 5umma, 21 Highvie,,r Avenue , Part Chester. T am 1oented about three hundred feet from this said lot, 9nd I vould like to go on record of being in favor of this building because there, st least, when the people go in thst building, they can come out frontwa.ys . Nis competitor nerose the street is more of a hazard than this would be . You hsve no noise. You have to come out backwards over there . This isn ' t a question to the problem of prior traffic thpt you ivere talking About. You mentioned something about c s rs narking nerall el . That is A matter for the Police 'Department . The man should not be denied a grant wondering 84 whether reorle ere going; to obey traffic laws or not. Tf this grant is going to be granted, n-nd you feel that reorle rarking parallel might be a hazard, notify the Police Department and let them take care of it . T am in favor of this building rather than see anything else go there . THE CHAITIAN : Thank you, sir. Anyone else -vdsh to srenk in favor? Mrs . Nelson? KR5 . NELSON : T am Mrs . Nelson, 235 Worth T?idge Street. Firstly, I would like to address my remarks to some of the Board Members here. T am a regular attendant of the Rye Tot,►n Board Meetings , and we n1ways maintain a certsin emount of stpture and reserve there . T think the attitude shown by Mr. Adler shows the audience was displeased with the leek of respect shcn4n to Mr. PueUey because he was asked to, beepuse he *,pas a. profess ionAl, and the audience teas displeased with 'Mr. APler' s remark that Mr. Buckley' s ©pinion be stricken 85 from the testimony. Mr. Buckley is an exnert , Pnd he ways here for that reason. Secondly, I have been a resident of the Rye Torn all my life. Z rim very glad to hear Air. Goldberg state was Mr. Fiore aware of the fact that he is asking the Beard to change the Zoning Lai-is . I think it is a very unfair question because we have many, many infrretions of the Zoning Laws. One mainly in the Ridge Bcwling Alley which now exists . In living on North Ridge 'Street , I can recall going by the Ridge Bowling Alley on a Wednesdny or Thursday evening And seeing an open driveway. I can recall going by there on a3 Fridny evening n.nd seeing a sign telling me that Dr. Demane was nay= tp!4cing enre of dogs and eats . The second question I have to Mr. Goldberg tras thPt he also stated to ter. Fiore would he expect a variance with this piece of nrorerty, and what would lead you to invest ten thousn.nd dollars in this 96 . amount of property. I can only answer that with another question. I called Dr. Demane for proposed help Ath my a.ni .mnl in case he needed boarding. Ile answered rye , do you have overnight accommodation? He said, Mrs . Nelson , 1 a-m not zoned for that yet . That is what vas told me on the phone . S think we can afford Mr. Fiore the snme doubt that we cpn accord Dr. Demane. I think if we are going to allow Dr. Deanne to treat cold dogs , then , we ought to Rllow Mr. Fiore his hot dogs and not deprive him of his meRns of earning a living. I Falso grant to remind you that while you, are talking about breaking laws , you have a fingrsnt disregard for law on the howling €alley. One side of it should be rimed down . In ,your book, if you will check, Mr . 7i are did this at 40 a last meeting , end was promptly made to sit d own . 'le took a book, held it up in the a.ir and said he wanted to remind the Torn Bonrd that the zoning violation existed with the 87 bowling alley, namely, i.,hen the side of the ba,r1ing alley faces residences rand you can correct me , Mr. Fiore , if I am wrong, you made e. statement with the book. The vnrinnce states that when the boNTlIng alley faces a residential side , there shall be no windcws and no doors on that side cf the bowling alley. In that cage, T suggest we ri-p down one side of the bowling P11ey that fnees residences . T am only any-Ing this beasuse there are -pros and cons on It. You are here to grant these variances . Several variances have been g runt e d. Hwrt, I don ' t knov. I don 't ever recall being asked if I wanted a dog In Ken (sic) Hospital . T don 't recall being asked If I want an Automatic or electric car riaced at the Ridge Bowling Alley. Just as you snid 40 to Mr. Fiore, are you sirare of eleven car srace , I don 't ever recsll having that area rezoned for s combined bowling alley, electric oar place and dog and cat hosT)Ital. I 158 intentionally drove into the dog and cat hospital . Ynu vIl? find in order to put Dr. Demane In. , they had to rin down the Tonll And nut in two wlndnifs . I don 't rec nll seeing any request for tl�r t . Also, If you rare concerned with the floes• of traffic , I would like to remind ,you that the rumor or hearsay from the Daily Item trroun, it said as Mr. Fidelibus , the talk is there is a twenty—five thousand dollar gas station going in at the corner of BOWMAn Avenue and South Ridge ':Street . NotAr, ere are not deny-ng that man a right for a. gas station purely because there Is snother ,gas station can the apposite corner. . Again , let 's afford Mr. Fiore the same opportunity as the Adobe test 14sven or V J. It seems frivolous for Any one of you, if you are thinking Pbout it in n cold fashion , unemotionally, tiaat Mr. Fiore %=ould ever ex-mect to get the comers of the Westmore Fealty to ever sell him any property or to feel in a thankful rood about the fact that he is hu,ildi.n€: there. This is merely Fisking for nie in the Sky '+hick you T-,ill never p7et . I , for one , if ve rare going to rut anything there , rp..ther thnn rut mother gas station on the corner rind_ ask, for an existing lot at the stp.tior, there , where you have a heavy trriffic lo^d. ther- , I , for one , 1.sould rather see ?`r. viore ' s ti,renty-five or thirty thousFi.nd dollar building go u-) there rind kna%r that he hps the nrorer nrirking Fires . ���:.r . Adler, I believe you urere talking about rnrl,, ng T.rith the bowling FilIey. Tf yoi) are talking snout sufficient Parking, number one, are you nware of the fact thp t ree ople now park in the residential Firers behind. thA bn-rling nlley to go in and bn-.Tl A fe-Fir games . lnthers nprk there to let their children play -,,it', the electric cars . -KR. ADLER: Z rim not only a�rrre of it . I :gym nc-,t ccnaernea about it . I a.m only concerned with an PriDlicqtion before this Roprd for n varinnee by Yr. Fiore for P rlece of -nrorerty that he owns . M'qq, . M7MS 01\1 Thnt is 9 very nRrrc*red mind. -,Then one site on a Boord such as you do, you can 't Confine your line of thinking Ps R horse with b,-Iters Pnd blinders . You have to look at the overall nictiu-e. 11e have you there becnuse you do and should Zook nt overall picture. T feel you may resent snore of these remprks , but T , for one , tarn ver.7 very, surnrised At the nnrroiq mindedness . I Pm over thirty minutes . T have nothing to gain and T don ' t Toant to be enught lost . THE CHAIRMAN : Is there anyone else teat -,.,could like to be heard? (There wns no response. ) TW CHAIRMAN: Is there anyone =4bo would like to be heard in opposition to the norlicAtinn? THE CHAIRMAN : Mr. Lerner? 91 MR. LERNER: Sam Lerner , 116 Westchester Avenue , Port Chester , New York. THE CHAIRMAN : T believe you ore here as an Attorney for s client? MTV. LERNER : That 's correct. THE CHAIRMAN : Tdentif,y the client. MR. LERNER: Westmore Renity, Tne . the bo-wling alley nrorerty immedi Ptel y south of the land on which the variances are requested. Tirst of .sl I, there Are cer. twin remarks made by certpin reoxale regsrding this Ridge Bowl property. Number one , it is not relevant to these rroceedinr,s . �, ince the remarks Pre mRde , T will sns,.-Pr them rsther briefly. The Building Inspector of this Town visited the premises T,rithin the last week or t-n . He ine aeeted. the rremises comnletel,y and no notices of any violation of any nsture have been sent agpinst these nremises . dome nenrle are under the s trnnge anprehen s i can thn t every time you add s ne-r ten?nt , you bsve to �o f or 92 . s ne-r zoning. All the uses are r,ermitted . I am finished writh that -point , but I dc) thin': since it wns rnis ed, I wns entitled to nns-Ter in their behalf. Our main objection to the grant of this vnriPnce is on the lave. The testimony has cleerly stated here tonight that Mr. Fiore bought this lot ..A th knowledge of the fast that it wne in no respects conforming to the existing Zoning Ordinance of the Town of Rye . He vrAs rer�resented by counsel, a v*ell known firm, who are quite experienced and knowledgeable in Zoning; matters . It is incredible to think thst thst counsel did not advise him c,f his rights, And if thn t counsel hnd not P.dvised him of his rights , it vTA.s their duty to produce him here tonight or to, at least , produce nn affidavit. `71nce they fs_iled to do so, we must rresume tbPt the council noted in a competent manner. 'This men bought this 11legP1 lot on A speculation . 93 • It will be remembered at the last hearing, they produced a rep1. estate expert that testified that this land `,could be worth forty thous rind doll pre if he could put un that building; on it. They have rroduced p new exrert this tune who didn 't quite testify that way. Sn, the roan hougbt a piece of lnnd which wss really worth zero , rind. if he gets lucky, and you gentlemen should grant him these variances and the Court upholds him , he has 20t a niece of land that is worth forty thousand dollars . I don ' t think anybody should be reT.Tarded in thpt manner for deliberately violating the law- because Iir. Fiore stpnds in the sh^es of Mr. Demsne ,rho was the original gran rho carved out this niece of Dronerty, and to pllo,,r him to rear, n rrofit from an i.11egpl nct would seem to me not only contrary to lsTv? but contrary to good nrpcti.ce by the zoning Roprd of Anneals because ,rbat 94 Mr. Demane did. Meek in 1459, every single r..ronerty owner in the To jn of Rye cyan do right now. Assuming he has - little hit of extra lsnd thfit he dresn ' t need and wait two years , tend then , send the eventual buyer ur to you with s. story about ho+•r they bought a. piece of land and hovfr they canot do snything; •,.Ath it , I don 't thi.n'17 thst is the function of the Zoning,, Roprd. of Anneals . And since the lsi.r wss commented upon by the stile counsel for Mr. Fiore , let me make it clear there is not one s1nFle csge that I cr.n Find that reversed n Zoning; Ronrd of Ap-r,ea.ls for denying a vsria.nce in this type of situation . And in the cases th;.t he referred to regarding the fact of the knowledge of the existing Zoning Lai+►, th cis e cases did not concern themselves wits the sooltcsnt or his immediate rredecesgor in title hsd crested the condition . These *•rere situations where the condition had existed 95 rrior to the adoption of the Zoning ardinpnce t•rhich is not the ease involved. here . T would like , st this time , to rut Mr. Ttartnglin , the President of the cornorstion , on for hripf testimony since T believe you want 1-Itnesses to testify. T: ' CHAIRi�(AN : Yes. Would you nle ns e hsve Mr. Ts rtragl i s sworn. MR. LERNTUI : Before ,you swear him, the entire list o_ thie rroperty which 1-sr. Adler sttemnted. to get in the record sppears in my answer, and in fir. '.4ein f s answer in the Court proceedings . These were verified answers . In Mr. Budev,ritz 's reply, there wRe no deninj of tr,Pse facts . THE CF?AI1:?4AN : Dn you hnve a eor)y of those answers with you? 'IM . LFRNER: Yes . T have a cony of my ansT,rer snd I argil sure Mr. -rein , if he grants — I enn give you s eor..y of my answer. This is R. verified cory of my answer. 96 • THE CHAIRMAN : Can you snare this ? MR. LERNT-R: Yes . T will mpke another one . This is also a copy of my brief which Tvas submitted T.LFhlch cont--, Ins the legal citstions that T snake about . THF CHAIRMAN : Why dnn i t we have these marked Ta.rtagltn 's Exhibit 1 and 2, for Identification. (Reoelved and marked Tartaglia's Txhlbits 1 and 2. ) 97 • LOUIS TARTAGLIA , having been duly sworn As s witness before Vincent N. Piliero , C .'S .R. , a Notary Public , State of Neiar York, testified as follows . ( The Reporter aeked the ,,ritness for his name and address . ) THE WITNESS : Louis Tartaglia, 476 Ellendale Avenue , Port Chester , New `Fork. DIRECT EXAMINATION fly'' �Ml . LERNFR e. Mr. Tnrtsglis , are you fin officer of the '•lestmore Reelty Company? A Yes , T am. q In whet capacity do you hold with that corporation? A President of the Corporation. Does thst corporation own a. piece of property on South Ridge Street? A Yes , it does . Would you give the street address of that property And explain TArhere it is located in relAtion to the pror_.ert,y in issue tonight`? A The address of Westmore oronerty is 200 South Ridge Louis Tartnglia—Direct Merr pr? ash Street, Port Cheater, Net,%T York, which is in the Town of Rye. And i.yhere is that looPted in relstion to the property that Is in issue before this Board tonight? A It Is adjoining property that we are sneaking of at this point . Is it adjacent to the south? A From the south side and a-lso the west side . q And whRt is the size of your property? A The size of my nropert y is approximately, I would say, an acre and: almost three—quarters . Would you describe the present buildings on the property end ?ghat they are used for? A The present buildings consist of twenty—four bowling alleys , a restaurnnt which is called the Ridge Lounge, a six family apartment which is attached to the front of the bowling Riley. Would ,you tell the Board , please , hoer much real estste tnxes you T)ay each ,yeRr to the Town of 'Rye? A Anproximately, our real eatste taxes there are eleven thousand peryear. Louis TnrtPgl1A- DIrect (Lerner) 99 Are you familiar Rnd have ,you seen the prorosed building Yr. Fiore intends to erect on this -oremis es? A Yes . This is the first T heve seen the description of the lot €end the buildings I see here in front of me. there is the reer of that lot line in relation to your rrorerty, the most rear point of it? A The most rear point of it is about , I would say. nineteen feet off the south side of my property. And u!hat would you like? On the west , of onurse , it runs from the street going `;crest n-oproximately eighty-seven feet or ninety feet , anlDroxImstely. 4 Would the nronosed arep where he :intends to nut the building be in front of your existing buildings? A Yes . Tt would be to the front and side which would probably block off as far as the bowling alley entrance is concerned . As frr as the restaurant is concerned also, from i-rhere T can see it from here s.t this mint. Do .you feel that this nrorcr ed building; would be Louis Tsrteglie-Direct (Lerner) 100 detrimentpl to your nrorerty interests? A Positively. T think so. Whet is my opinion. Q1 Do you n1sG o feel that this proposed restsurent venture , If it reacted to an overflow- of business -vhich it should certainly get , based on the attendance this evening , would they use your facilities for rarking? A T imagine if no one is watching, T Imagine they 4rrould be using it . MR. LERNER: I have no further questions . BY THE CHAIRMAN Mr. Tartaglin , s.t the rresent time , are s.ny of the aistnrr.ers to the bowline alley using the lot that Is or.=rned by Mr. Fiore for nnrking r_.urnoses? A No, air. 4 You are sure of that? A Not positive , because of the fact that Mr. Fiore blocked it off with concrete blocks and railroad ties , and whatever is banging around the pInce . Q Prior to his blocking it cuff, was it being used? A It was being used. It w•7asn 't closed off and. T had Louis TArt^glin-Direct ( Lerner) 101 no person to use it . Whoever drove up would use it and that Yfas the end of that, as far as I was concerned. Q, Mr. TRrtPglia, at the last herring , there was testimony or statements ;jade with respect to Ill-will between you and Mr. Fiore . Is that a. fact? A I beg to differ with ,you. What his affair Toith his brother-in-law is not my concern . T am here in a position to protect my interests as far as we are concerned ur here rat the 'Ridge Bowl . There is no Animosity between Mr. Fiore and I. Q There has been none at a 11? A None whatsoever. Alva.ys very close feeling until this thole thing onme up. Of course , I got esught in the riddle . It is s problem. When you say. " Until this whole thing, c,nme up, " you mean until fir. Fiore bought the property? A Yes . I see . So , not,T, there is ill urill bets►een you and Mr. Fiore? A I imRgine he has ill will to7­ands me been-use of the Louis Tsrta.gliA—Direct (Lerner) 102 • fact that I em objecting to the variances that he is asking for. Q, Do ,you have ill krill toward Mr. Fiore? A Of course not . Notwithstanding the fact that you think thet Mr. riore , if the variance is grAnted , will ceuse part of your rronert,y to be blocked off? A Thnt will be almost a noeitive fact, I think, because I have found -11so there ??eorle tanuld came across in my narking lot , perk their Automobile , go on back across , hPve their food , come beck to my parking lot , sit and throw All the gA.rbnge off on the side , whatever they are drinking out of cups and. tehstnot. 1 never comrlsined about it . I picked it up And that was the end of It , as far as I was concerned, but for snother restpurnnt to come alongside of me here like this , for all I 40 know, they will be driving in his D19ce and. running all over my property T,rhieh vill be A detriment to the r_.ronerty and of coarse , the value of the nrorerty would. be down and suffer terrific . Louie Tartaglia-Direct (Lerner) 103 2 Notwithstanding that , you still don 't hsve any ill will tcpra.rd Mr. Fiore? A Absolutely not . Q T admire your comrsssion . A I conformed with everything that came in. T was told to go back seventy--five feet trhich T did. Tt wRe two years before T got An okay to build tr. i s particulFr building up here because it *gent back and forth with the Zoning Board and T think if anyone wants to put up a rol.-ce of business should have the proper area and. I think that 01P was classified properly as far as the zoning was concerned , in my opinion , also. BY MR. GOUBF-RG: Mr. TnrtngliR, if you had an opportunity to buy this prone rty, would ,you buy it for the asking price? A T think I would. BY THE GHATOMAN : Q When you say you thin_ you would , you T,rould, would you? Louis TartA lin — Direct (Lerner) I04 A Would I positively? Q Are you making sn offer here gnd now? A I a.m not making sn offer. If the ,property is avail able for s nle , I Am there to buy It, If possible. Q Well , do you want us to understand tb.s t if we were to deny the variance and Mr. Fiore wanted to sell it to ,you, you would buy it? A I would buy it , but I doubt very much if he would offer it . But if he would offer it , you would buy it? A If he offered it, I would buy It . Q For the rrice? A Pnr the price thst he rnld rind plus , 7 would pray him six percent for all. the time thRt he hard this land and the taxes can tor. THE CHAIRMAN : Do you hsve any questions? MI. ADLFR t No. THE WITNESS ; go, there ;,rouldn 't be any hardship on his part , as far as anything is concerned, as far as the monies are concerned, If any. Louis Tartnglia—Direct (Lerner) 105 THE CHAIRMAN : Thank ,you , Mr. Tsrtaglia. MR. LERNTER: That is all . I have no Further remarks nt this time . THE CHAIRMAN : Do you have any further witnesses? MR. LERNER: No . No further witnesses . THE CHAIRMAN : Ts there anyone else thPt uTould like to speak in opposition to the granting of the variance? (There was no reevonse. ) MR . ADLER: I would like Mr. Fiore recalled. Will you tPke the stand, Nor . Fiore? 106 FRANK FT(3:RV', having previously been duly sworn , resumed the witness stand and continues to testify its follows . THE CHAIRMAN : You are still under oath. BY MR . A DLER: Continuing my role as nn ogre, I tried to serve the function on this Bosrd. Mr . Fiore , hoer long has this been since you have been out of business at the ghat is now V J7 A Well , January let will be exnctly two years . .And in that time , have ,you made any attempt to set un business in ^.ny of the available empty stores in Port Cheater itself? A In Port Chester? w Hmm, htlm. A No. Not in Port Chester. Q, Nothing in Port Chester? A Not in Fort Chester. Tn the To4rn of Rye , I would, if you hp d an e m-oty store . Rv THE CHAIRMAN : Have you exnl pared the possibility, Mr. Fiore , of Frank Fiore 107 one of those lets across the street that is emrty Pt the rresent time`? A Across the street from where T Pm? I 'believe 'Mr. Buckley, can his man *oThich I believe was Exhibit 190 indicated an empty lot on the other side of Ridge Street? A There are a lot of empty lots . Did you consider any of those cr did you make any attempt to obtain those? A Yea , T did. And I take It from the fact that you don 't have them , that you could have , is that correct? A T will tell you why. Anyone of thoee lots that ,you rao to buy, fifty by a hundred , they will quote you a price of anywhere from fifty thousand to n hundred thousand for dust the lot . Nov,, -%*ould you buy a lot for fifty thousand or a hundred thousand between that amount, and then , if ,you offer them fifty next week, it is sixty. If ,you offer them sixty, next week, it Is seventy. THE CHATRMANt Do you hfive any questions you want to ask of Mr. Fiore? Frank Fiore 108 M?�. BUDERWITZ: Yes . One . BY MR . BUDERWITZ : Q Mr. Fiore , how msny seats do you propose in this restnurn.nt? .A T think the eentinF is mprked there . 01 Would you go over and take n look at it and refresh your recsollQaticn? A It is not merked. Tt is n semi-circular counter. There will be about tv;►enty to twenty-five sects , stools around the semi-circulnr counter. Mr. Fiore , urould ycu be drilling to put n fence which would. comply with the Ordinance beti�reen your property snd the Westmore Realty property to prevent people frn..m going across , 'trilly nilly n.nd prevent oRrs from going book and forth? A Yes , sir. MR. BUJDERUTTZ : No further questions BY I.M. ADDER: Now mnn,y seats did you spy, Mr. Fiore? Ti-enty-five seats? F4 T=,rent,y to t1.fenty-five stools . Frank Fiore 100 BY MR . RUDM,.1IT Z s Q Mr. Fiore , do you feel that your pronosed building looted on the lot where It is sho-Jn on the plan would be in front of the Westmore Replty Trope rty? A No. It is definitely not in front of it . It is a,-Tay from it. It is just approximately in front of the Shonring Center rronert,y. It would not hide the entrAnce to the bar or the entrance to the botyl. ing slley. Mr. Tprtaglin clsimed thnt his prorrerty line was nineteen feet on my rear line there , his re^r, his line . My rear line would run nineteen feet north on his nronerty line; so , It would not hide any part of his building or entrance to thw bowling Alley. May I shw you exactly where this proposed building would be? This is the entrance to the bowling Alley here . BY MR . BUbER WIT Z M Which photogrpn01 ere you rointing to, Mr. Fiore? It is mprked on the bPck.. A It ig Txhibit Q. Frank Fiore 110 THa: CHAI?RA4,AT . Petitioner 's Exhibit 9? THE WlnTESS : That 's right . And from this lines here , fir. Tsrtgglip claims there Is only nineteen feet on my rear line and my building; Is Tw y over twenty--four feet, snd If T epn figure right , it is seventy-six foot front «ith f ive feet to the right. Thnt is only turenty-nine feet . So , I would be awny from his building. I am right here in this corner. So , the only thing I -would be actually hiding Tsrould be the rear of the Shopping Center which is a. loading zone. BY MR. ADLER: Air. Fiore , if you take Exhibit 10 snd use that , Eaouldn ' t you be pre.eticsll.y in front ? A No, air. T -4Tould be over here in this corner. I would be over here in this corner by this big tree. You see this big tree here? Here is where T %rould be here . Right here . `fee -where this big tree is ? The building 1.rould be right in here in the ncrth- ,westerl,y. Frnn'k Fiore 111 i TFE CHAI'"MAN : Referring; to Petitioner's Exhibit 11. THE 19TTNT"SS : Northwest corner of the 1 of. BY NM . ATJDER14TT Z : Would you mark thrr e spots with an X, rlease , Mr. Fiore, o*here you sey your building will be? THE CHAIRMAN : On Petitioner's Exhibit 11 , mark sn X where the building will be locq ved. (The witness so marks . ) THE CHAIRMAN : 14x. Fiore made a tente.gonel figure with an X inside of this on Pet!tloner'e Exhibit 11 to IndicAte the laention of the proposed building. Do you have Any further questions? BY MR. A DLER: Mr. Fiore , if your applion.tion for a vnriance Is denied, will you sell your property for t1he consideration vhic7n hps begin expressed under oath here by the Previous toithess? A I plsn to go further in Court , sir . And if you are ultimately denied for the relief rrpnl- Flore 112 yoi) request in Court , mould you then sell y(-,ur pro-oerty for thpt price? A For ghat price , sir? The -,,rice that the previous witness testified? T got no price from Mr . Tertaglis . C� He testified to, and the record i,,rlil shover, that you will be paid the ten thousand dollars you paid for the rroperty plus the Interest you paid at six r;ercent per -4nnum plus the taxes . A Plus the taxes , plus a yepr And R half out of work, -nlue the dentAl of the right to make -1 living? P1 us the lni-ryer fees , plus the Court fees , -plus every fee that T ann possibly go into? Do you think he would -o-9y that nrl-.e", q Well , unfortun-tely, T are not here to answer quesitinns , Mr. Flores and you are . 9o , 1 'r-rould like to Ask the question again . 11f your Pppliention for P. vsri,-,-nce • Is denied by the bwr�& and If the Court to vihici- yn,,t intend to take this sustains thpt denial n-nd if it then goes to the Appellpte Division -nd the Court is sustained and you hPvP no furt� r right of P-pneal Vrnnu Fiore 113 rind the rrorerty is therefore not usPble by you , will ,you sell this lot? A I don ' t know. Q You don 't know? A No. MR. ADLER: Thank you . THE CHATMIAN : Thank you, Y.r. Fiore . MP. BUDERNTTZ: M>;y T make a brief closing: statement? THE CHAIRMAN : Yes , sir. MR. flLt)ERWITZ : I will be brief. Gentlemen, let me spy there has been some statements here tonight that this is still an epplication for a change of zone. It is not P change of zone: . It is Rn 8pplication for an a_ren va,risnee , and the Court has esid thRt this Board is empowered to grant a ivariance , regardless of the size of the vnrinnce. As you reenll , it urns denied tie first time on the grounds thp.t the variance was so sub— stantial as to amount to a change of zoning . That rosition was not sustained by the Court , and th- t is urh.y we are here Baying that this Board has the power to grant it . MR. ADLER: Thnt is not the orinion of the Court. I think if you read the decision , It is based upon the fact that the Board did not state its rensons for the decision , although, it does state that we have the authority to grant the vari^nce if ,,re so choose , which this Bon rd does not deny. We don 't deny the authority. THE CHAIRTW : Excuse me . .lust so there won 't be any nrgument back and. forth, I will quote from page 3 of the Court 's opinion in the middle of the urge. "The Board is not limited to the granting of 'small ' , or 'slight ' vari€rnee or vprisnces of sny nsrtieuinr magnitude. " In citing; apses , T don 't think the Court 's discussion of this tyre is helrful to us . K;R . BUDERWITZ: I agree with you. I 115 • would like to roint out that In n recent opee of mstter of Ozlins 26 Appellate Division , Second,, 555 - - MD . ADLER: Mpy I have that again? 1173. BUDERWITZ : Yes . Ozllna , Oz ol ins , 26 Appellate Division Second , 555. The Appellate Division , Second Department , governing this district , directed the issuance of a var1rince to permit the erection of a house on R quarter acre r1ot In a one acre zone , and the Court did this despite the fact that in that case , there wns no question but that the quarter nore -r)lot hnd been created and carved out r)f an illegal lot subsequent to the -qdortlon of the one acre zoning . Soi, T don 't see how Mr. Lerner can say thst as a mrtter of In-v, we are to be denied nny sort of relief when the Appellate Courts has said even where there Is nn Illegal orented lot * the Boards Pre still empowered to grnnt It . There , you ilis 6 can see the variance was quite substantial , quarter acre plot , for the entire Pere plot. And vre are doing nothing illegRl here . We are merely epplying for R variance which any rronerty ovner is entitled to do, and the fact - I will spy it ago in - that we purchased the lot Imowing that we have to apply for relief doesn 't bnr you from asking any further relief. It doesn 't bar you from even testing the constitutionality of Pn Ordinance. That is not a self-imposed hArdshi,). In Fact , self- imposed. hardship is not even npnlic able to the nren varia.nc p. requests , And with th^t, I will conclude asking T think thn t we have moved the rrRatical difficulties be.yonil the question of a doubt . Thst there =,rould be no substnnti al change in 1he neighborhood rind that it i11 be n. betterment for the neighborhood, Qnd that eertninly, you onn see a substantial position of the community is in favor of the granting of it . With that , I will close n.nd cask my 117 • two prior brief's be mArked. as Exhibits before this Borrd. TIM CHAIRMAN : Will you mark these as a group Exhibit , Petitioner 's 14. (Received and marled Petitioner 's Exhibit 14-A and 14-R. ) MR. BUDERWITZ : Before we close, do we hsve the petition that was submitted on the first hertring which was signed by over a hundred property cmners here tonight? MR. ADLER: That is nart of the original file. MR. RUDER-7TTZ : It should. be . THE CHAIRMAN : It should be . MTV. ADL.ER: Igo you have a cony of it? MR. BUDWR'dTTZ: No. THE CHAITU4AN : Is it among the documents? a MR. WEIN-. I don 't have it. 1M. HUDER7,aTZ : It was not submitted. THE CHAIRMAN : Off the record. (vollereurnon , there suns n discussion , off the record. ) 119 MYR. ADLER: I recall thrt such a retition was handed et the first herring , snd T think under the province the t this Board has , we a sn take hers can�1 knowledge of the fact and circumstances into account in making the determination , and one of them irill be thet Petition. THE CHAIRMAN : Yee . I think, in vier of the fact that you had. submitted it at the prior hearing, even though it is not presently available , vie can still take quasi--judicial notice of it . MR . EUDER rTT Z : And Also make It Part of this record here, if .you do find it? THE CHAT RMAN : Tf we don ' t , we Tvill deem it part of the record. MR. BUDERWITZ: Right. It as over a hundred property owners , one hundred eix, who had signed the -petition in favor r)f the granting; of the variance . TF CF TRYAN: Anyone else that x-rou1d like to be heard before T,re sdJourn? 119 18 ( Viere T-rna no resnonse . ) THE CHATMMAN - T-f not, we will now ndjourn Pnd the determinntion t,,rill be made by the Board after the record hPs been typed. u-n Rnd studied by us , P..nd In due course , the decision of the RoRrd -rill become part of the minutes of the Zoning Board and filed *Titb the Tovn Clerk. Thank you . (Whereunon , the Hearing was edjourned at 10ow P.M. ) 120 STATE OF NE'A/ YORK COUNTY OF WESTCHESTE71 I , VTNCENT N . -PTLIEP0, Certified Shorthand Revarter in the State of York, do hereby certify that the foregoing is a true rand- accurate trnnscrirtion of the minutee taken by me . IN WTTNTES5 WPE7FOF, I hrve hereunto set my hand this 20th day of December , 1066. Vincent N . 71liero, C.S .R. 121 T N D E X Wit nesa Direct Frank Fiore 10 rugene 7. Buckley 40 Louis '"iefrtsglia. 017 Frmnk Fiore 106 Exhibits Hoard's Exhibit 1 4 M tt 42 It N Z 7 q Petitioner 's Exhibit 1 5 n !r 2 1! a 3 5 n tt i� 6 5 h !, Ir 6 F 4t of 7 11 11 1! of 1 i „ ++ 9 12 10 13 11 14 :, !! 1? 76 It 13 7 a it k 14A) 14B) 117 TRrtaglia 's Exhibit 1 & 2 016 V In Connection with —A PROPOSED— —BUILDING. IF WORK CONSTITUTES AN ALTERATION OR EXTENSION TO AN EXISTING BUILDING, DESCRIBE BRIEFLY. QUESTIONNAIRE (1) Has any previous application or appeal been filed with this Board in connection with these premises? ---------`------------------•-----•---•--------------------------------•---------------------------------••-----------..---------------------------------•--- (2) What is the applicant's interest in the premises affected? -------Ah�--_-_____-_--_--_-_------_-_-_ (3) Has court summons been served relative to this matter? ____ _ (4) What is the approximate cost of the work involved by this order? ------------------ (5) Under what section of the Zoning Ordinance or Town Law, do you base your application? ----mMtrli -49+-------------------------------------------------- Attached hereto and made a part of this application,I submit the following: (Note: All these papers must be submitted with application). (1) Six sets of drawings (may be blue prints) including: 1. A block diagram with street numbers and block and lot numbers and street frontage. 2. A plot plan showing location of building on the plot. 3. A ground and typical floor plan of building with all necessary measurements (where such variations apply). 4. A longitudinal section with heights marked thereon; also front elevation (where such variations apply). (2) Provisions of any deed,covenants or restrictions affecting the kind of improvements allowed or prohibited upon the premises: so XWOVAN&M An dkmm` 4W The foregoing application is made subject to existing rules and regulations of any Department of the Town of Rye, affecting the property in question. I hereby depose and say that all the above statements and the statements contained in the papers submitted herewith are true. Sworn to before me this S day of t , 19 -----✓`---- � -------------------------- (Applicant sign here) ------ • -------- Not O£f%ial Form No.2 Xurting �5vartb of appeals Town of Rye Town Rooms 10 Pearl Stree+, Port Chester, N.Y. Applications to be filed with the secretary at Notice: This Application must be Typewritten, and least 10 days prior to the date of hearing. filed in septuplicate, accompanied by necessary Zoning Board of Appeals meets last Tuesday data. (See reverse side of this sheet). of month. APPLICATION FOR PERMIT OR VARIANCE NAMES AND ADDRESSES Applicant: FRABflc FIORE Address: 68 Grant Street, Bortchestsr.X.Y, Owner: FRABM !SORE Address: 68 Grant street, Fortchester.N.Y, Lessee: lions Address: Attorney or Agent: v. E_ CRZHAR2 and Address: 100 Stevens Avenue, hisunt Vernon, J.J. BUEURWITZ,JR. new York. TO THE ZONING BOARD OF APPEALS: Application is hereby made under the discretionary power vested in you by Section 66-13 sit subd, 8(2)%a)(b)(c)(d) Wad subd. C Of the Zoning Ordinance of the Town of Rye, N. Y.,for permission to elect a one—story restaurant bul ldilsg, on the premises described below (strike out if not a variance) constituting a variance from the require- subdivisiom X,F,8 and Z ments of Section 646-30/of said Zoning Ordinance. PREMISES AFFECTED, situate in the Town of Rye on the west side of South Ridge Street ( ;,distant 584.21 south feet of the corner formed by the intersection of SoUth P1440 St. and BoMwan Avenue and known as Number(too. #) South Ridge Street located in a C1-1r Building Zone District, being Section 1 Block*22 Lot 4D on the Assessment Map of said Town: This Application relates to: 1= AREA YARDS HEIGHT DENSITY OF SET-BACK. 1'C4I,1J (Strike out questions not involved.) IF THE BUILDING IS TO BE OCCUPIED AS AN APARTMENT, TENEWENT OR LODGING HOUSE� give folbwiy pmtkulto; State bow many families are to occupy each door,and the whole attrmber of families in the house, also if any part is to be maid as a score, or for any other busioess parpme,spate the fact ...... ...................... What will be the height of the otaings? Pint doer...........feet;Ssaond Soot. ....__ feet;Third door............jeer Fourth door............feet How are the hall Panitiom to be constructed,and of what mataria o? .................................................................................................................... Of what materials will amuways be coarttuci d? ............. ...................................................... _............................................................................. Ofwhat materials will elevator or dumb-waiver abafts be aomteocte0................................................................................................................. Dated. Port Chester.N. Y.. ............................................. 19........ Nipuktureof Applicant............................................................................. Address ............................................... COMPENSATION NAba OF COMPANY NO. OF POLICY ..... ..... .. .......... ....... ...... _._. ........... . DATE OF EXPIRATION ___... .......__._ .__ .. ._................ . .. .,a o 16 v L' QS �' �• p rn c C —< w DEPARTMENT OF BUILDINGS TOWN OF RYE Application For Permit To Build To )he INSPECTOR OF BUILDINGS: Application is hereby made to the Inspector of Building of the Town of Rye for the approval of the detailed statement of the specifications and plans herewith s::bmirted, for the erection of the building herein described, and for a permit to erect such building- It is agreed that if such permission be granted, such building will be constructed in conformity with this tipplication, and the plans and specifications-thereof, as approved, and that all State laws, by-laws and ordinances of the Town of Rye, and rules, reguistions and m orders of any board,body or department, so far u the same" ay be pertinent,will be complied with. The applicant further agrees to furnish any addidonal information, plans or statements, if required by the Inspector of Buildings. All plumbing and electrical work to be installed by 1knoud contractor. 1. What is the owner's dame and address? .f!}IRfl.�....C../.Gr:C..� .C.,F�.S�1,/..t2.�� ...... -!r.d�! ,.... Gj.. .�r.. , ...,�........ 2. What is the architect's acme and addrtaa? 3. What is the builder's name and addre-? ...1*Xa..i?,�.....,rr fir..C. .CNw -�.. ........................ / Street 4. What is the house number? . ........ .............................."..... .........Avenue ... ... ..IA --G_`�1..........,....................._._.................... 5. Section One f Block'.'��"+,'......... Lat(t) ....A.0........................... ......................................._........ Map of Lrl'a'51G'..�i�.+�1'�G� 6. State how many buildings are to be erected ..........(? .4........... _............................................................................................. 7. Number of stories in height .......Oa..G.............................................................................................................................................. ..._. 8- Size of lot. Front ... .r........... ............................ ... . .....................................; Depth .00.........I............. .,........ r 9. Size of Building: Number of feet from front ._ .57{'.................:Number of feet tar ..rt'. ..........._; Number of feet deep .. .�lt..:�. Number of feet in height from grade level or surface of ground to higbjgt point of roof beam .JAM.4:..Q. ................................................ 10. What, is the estimated cost of the improvement,exclusive of the lot? spq!.<�r...O..q.......................... 1 I. What is the purpose of the building? _>5.4./ ...0 � .I6 + ..7�rJ. . !LL...,L�Q.9..�n...STQtI ........................ I........................ .. If a dwelling, for how many families? ........................ _ ...,./.._. ...... .................... ....... ... .. 12. Will there be a store in the lower story? ...............T.................. Nawre of business to be conducted .............................. ......... ......... 13. Materials of foundation ,rs-c.r..G.,2�G.'....... ... ........... .......... ; Thickness of foundation ...!P..... ..... ...... _ . ... J �i Stone or concrete base? Gv.7.4.-41/c,_._...._.. . _........; Size and Thick am .�.".K.a.0.. 1................... 14. Thickness of party walls? To first floor level ...._._ ........... ....... : First story .._ ; Second story . . . .... ._.. Third story ; Fourth story ; Of what material constructed .. With what material coped I5. Will roof be flat,peaked or mansard? ...... ........: State material of roofing .. . .._TIA.7ie 16. Give size, spacing and material of Boor and roof beams. First floor .. .......x................. ."of......... . on Comm;Sewod floorx of . .._ ... .. .. .__ ...,....._ ............ on centers; ......................... ..........._.........._............ .......... ..................... H -17. Give size and spacing of roof rafters ..-... ._... ....z.....5?..,. ...... of ........14......11.. ......... ................... on centers 18. How is the building to be heated? L?, ...>7.47V7...,......... 19. Will the building be wired for electric lighting or power? .. _ ...... ............................................................................ ..................... ... . 20. Cubical contents ... .. .... ................ ..... _...... .... , .... ., ............ ... . .. ....... .... . ... . . ...... ... 21. Square feet _ �.7.�. ?.•_�_. .l. ...... ..... ........ _.., _.. State of New York, ss. County of Westchester. being duly sworn, says that he is the .. . applicant above named; that he has read the foregoing application and knows the contents thereof, and that the statements therein contained are true of his own knowledge. Subscibed and sworn to before me this APR y 1%6 day of _ _ 19.... u` '/, ... .,,..�..,.. .', lAf;t� A `rNe,ar Tots "own��lit,la +eT appointed of Wert:he' miasi�n lx9iteK lyiareb fJ.l c r '—`�,��-- NOTE In making application for permit to build, two (2) full and complete tracings in India ink or Blue Prints of the plans thereof drawn to a uniform scale, and a detailed statement of the specifications must accompany she application, Two (2) plot plans must also be filed with the plans showing location of proposed building or buildings oo lot scale to be 1-16 in. tolh. r In the Matter of the application of Frank Fiore, Petitioner RE: Lot 40, Block 22, Sec. 1 , s . This proceeding comes before the Zoning Board of Appeals pursuant to an Order of the Supreme Court of the State :�f New York, County of Westche,:ter, (Hugh S . Coyle) , entered October 1966. The application is for an area variance from the require- ments of the Zoning Ordinances of the Town of Rye, for a piece of property, (1-ot 41), Section 1, Block 22 ) , located in a Cl-P zone. Certain facts and principles . material to the application `I are not : .1 dispute. 4 1. Jurisdiction is vested in this Board by Sections 66-12 and 66-13 of the Zoning Ordinances of the Town of Rye. The latter provides in part (66-13 B (2) (a) that the Board of Appeals may not grant an adjustment in the strict application of the requirement: of the Zoning Ordinances unless it finds that the circumstances and conditions pecular to the property in question, IT -have not resulted from any act of the applicant subsequent to the date of { adoption of the regulation or regulations appealed from - 2. Tie ordinance in question was adopted in 1954. 3. The lot was illegally created January, 1959. The requirements of the Cl-P zone and the comparable dimensions of the lot in question are as follows: Required Lot 4-D(Bx.4 ) 11 Lot Area 1 acre (4356 sq.ft. ) 6776 sq. ft. Lot Width 150 feet 76 feet Lot Depth 250 feet 88 feet Front Yard 75 feet 75 feet Rear Yard 30 feet 5 feet �a /j 4. The applicant (a) purchased the property on October 280 19643, (SM10 Bxh. 7). (b) knowing that the lot could not be used for the purpose for which it was purchased without a va-fiance being granted (SM 14-18) . Parenthetically it should be noted that at the first hearing before the Board, the applicant testified that he did not know that he would require a variance. 5. The applicant was made an offer in the course of the hearing for the purchase of his property its gross cost to him, to wit, the purchase price„ plus interest at 6% per annum and all taxes paid. 6. The intended use would constitute an increase in existing hazardous traffic conditions on South Ridge Street, (SM 18-239 68-70, 110-112) . 7. Creation of the condition complained of by the applicant, and for which a variance is sought, is a factor, to be considered by the Zoning Board. (Siegal v. Lassiter, 6 AD 879) . 8. The records of the Planning Board of the Town of Rye reveal the following history with respect to the lot in question: A. May 4, 1961, application of Nicholas DeMane, (applicant ' s predecessor in title)= for a sporting goods shop denied. R. December 6, 1962, application for chan� `rom CI-P to C1 zoning denied because lot "considerably less than one acre". -2- 4 C. January 3, 1963, DeMane application for rezoning denied, the Board stating that the applicant carved out this lot by withholding for their own use a lot which did not meet 9 the then existing requirements of the Cl-P zone and was of in- sufficient size. D. ,February 4, 1965, special use permit application de- ferred pending a study by the Planning Board of the South Ridge Street area. E. October 7, 19659 application by. Fiore for the right i to construct a drive-in restaurant, (presumably similar to that now proposed) . The finding of the Planning Board in that hearing was as follows; "Mr. DeNiane withheld from the sale to Merl tt Holby, for his own use, the lot above mentioned thereby created an illegal lot. He was so told, Requests by others who wished to build on this lot were denied and they were told that since it, (Lot 4-D) , did not in any way conform to the Zoning Board, this Board, ( the Planning Board) , could not grant the request. " The Zoning Board of Appeals may grant variances from strict application of the applicable ordinances when to so would prevent confiscation of the property of the applicant and mould not be inimicable to the best interest of the community. It is thus necessary for the Board to exercise discretion in the exercise of its authority giving due weight to the history of the property and all facts bearing upon the application. Consequently in view of the history of the property and the facts, the majority of the Board believes the application should be denied. 9 The applicant was fully aware at the time of the purchase of this lot that it did not comply with the Zoning Ordinance, (SM 14, etc. ) , but believed that he was "- -entitled to it. " (SM 24) . It was obvious from the testimony adduced by the applicant that his belief that he was entitled to it stemmed from the fact that a fami-ly feud existed which resulted in the loss of his former place of business immediately across the street from the premises in question and that the applicant desires this specific lot to draw business from his former premises , nc,w operated by relatives across the street, (SM 106,etc. ) . Although a showing of undue hard- ship is not required in an application for an area variance and self- imposed hardship is not a bar to the granting of relief, both are factors which this Board should consider in reaching its determina- tion. (Matter of Johnson v. Moore, 13 AD 2d,984 ) . In view of the foregoing, and in the exercise of its dis- cretion the Zoning Board of Appeals of the Town of Rye, by a majority vote of the Board, denies the application as being inimicabl• to the best interest of the Town of Rye in that it would; A. Substantially increase hazardous traffic conditions. B. Be an abuse of discretion in view of the substantial variances required both as to extent and number. C. Encourage the carving out of illegal lots and sub- sequent applications for variances, (because of the manner in which the lot was created. ) D . Defeat the intended purpose of the Master Plan of the Town and the Zoning Ordinance adopted some five years before crea- tion of the lot in question. E. violate the limitations on the exercise of the Board' s -4- w discretion under provisions of section 66-13 A (2) (a) of the Zoning Ordinances of the Town of Rye. R©BERT MCKAY JERRY GOLDMRG ROE,SRT W. ADLER 1 MILTON MILLER - Abstaining JULES YARNELL - Dissenting by separate opinion