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HomeMy WebLinkAboutZBA1951 MINUTES OF THE MEETING OF' THE ZONING BOARD OF APPEALS TOWN OF RYE NEW YORK WEDNESDAY SEPTET"BER 12 1251 - 8 P.M. RE: Appeal of Thomas J. Fluskey and Lucretia Fluskey, from the decision of the Building Inspector of the Town of Rye, denying a permit for the construction of a dwelling on the Easterly side of Ridge Street, and recognized as Lot 63B on the Tax and Assessment MA2 of the Town f R PRESENT: her. H. S. Quigel, Chairman _ James Neilson B1d ...Inspector Messrs. Charles Smith William Cam bell an8 Frank Wallace ABSENT: Messrs. Charles Kelly and George Becker 1. A quorum being present , the Chairman called the meeting to order, and was informed that the Applicants were represented by Mrs. Lucretia Fluskey and her brother, Mr. Alexander Ceruzzi. Mr. Ceruzzi is the owner of the lot adjoining that of Mr. and Mrs. Fluskey, to the South on Ridge Street. 2, The Chairman read the Affidavit of Publication , showing that Public Notice of this Meeting was printed in the Port Chester DAILY ITEM on August 24 , 1951, as required. 3 . The invoice for the foregoing publication in the DAILY ITEM, in the amount of $5.27, was paid by the applicant . 4. The representatives of the Applicants were invited to state their case. Mrs. Fluskey offered in evidence a plot plan (Exhibit A) showing the location of the proposed one story single dwelling on the lot , (Lot 63B) , in the only position that provides the best possible conformance with the Building Code requirements. On this basis the required thirty foot (30' ) front yard setback and five foot ( 5' i side yard distance is maintained. However, the rear yard distance would be only eighteen feet (1$' ) instead of the re- quired thirty feet (30' ) . Therefore, a variance of twelve feet (12 ' ) was requested. 5. The Buildin Inspector stated that the property Easterly (to the rear of Lot 63Bf rises sharply towards Valley Terrace Rd. in the form of an embankment. Thus, development of such property facing on Valley Terrace Rd. would topographically overlook the proposed development on Lot 63B. Further , due to the sharp decline between Valley Terrace Rd. and Ridge St. it would be likely that development of such property facing on Valley Terrace Rd. would be towards the front, rather than the rear of the property, thereby offering reason- able assurance that there will be little question of maintaining the required distance to the rear property line. 6. The Chairman noted that the following adjoining and nearby property owners were notified of this Meeting NAME ADDRESS LOT NOS. Jacob H. Moeller & Wife Ridge St. ,Fort Chester 59, 601 61 1 *2* NAME ADDRESS LOT NOS. Anthony Civitella 421 Elm St. , Fort Chester 62 - 63A Irving Blonder & Wife Ridge Boulevard 1 to 6 Salvatore Mastrobat- tista & Wife 68 Grace Church St. Port Chester, N.Y. 7 - 8 Edgar Miller & Wife Valley Terrace, Port Chester, N. Y. 9 - 10 - 11 Joseph Huber Valley Terrace, Port Chester, N. Y. 12 - 13 Property Holdings ,Inc. 1 Wall Street , New York City, N.Y. 18C The Chairman noted that no one had appeared in opposi- tion to the application for a variance ruling. 7. It was the unanimous decision of the members of the Zoning Board of Appeals that the Applicants ' request be approved, granting a variance of twelve feet (121 ) to the rear property line, providing that the Applicants subsequently file a building plan that conforms to the plot plan (Exhibit ) submitted to this Board. M. Walla' e Secretary, Pro Tem OF * OFFICE OF TOWN CLERK T❑WN ❑F RYE a'JC 4Q 1❑ PEARL STREET yLaSTgia PURT CHESTER, N. Y. L. LESLIE COMSTOCK TOWN CLERK PHONE PORT CHESTER 5-0250 August 25 , 1951 Yr. George 0. Becker, Town Attorney 113 North Rain Street Port Chester, New York Dear George: I have sent a copy of the enclosed notice of hearing of on appeal to the Zoning Board of Appeals, called for Sep- tember 12th, 1951, to the following property owners: Section 1 Blk. Lot Name Address 6 C&D 59, 60, 61 Jacob H. Moeller & Wife Ridge Street , P. C. 6 C&D 62 & 63A Anthony Civitella 421 Elm Street, P• C. 6 C&D 1 to 6 Irving Blonder & `fife Ridge Boulevard 6 C&D 7 & 8 Salvatore Mastro- 6e Grace Church battista & Wife Street , P. C. 6 C&D 91 10, 11 Edgar hiller & Wife Valley Terrace, P. C. 6 C&D 12 & 13 Joseph Huber Valley Terrace, P. C• 5 18C Property Holdings, Inc . 1 Wall Street , New York City I have alFo sent a copy to each member of the Zoning Board of Appeals and to the Building Inspector. Very truly yours, L. Leslie Comstock LLC:CR Town Clerk Encl. PUBLIC NOTICE PUBLIC NOTICE 1S HEREBY GIVEN that an appesl of THOMAS A FLUSKEY and LUCiXTIf, FLUSKLX from the (lecision of the Building inspector of the Town of Eye nonying a. pernIt for the construction of a dwelling on the Laeterly side of Rld6e Street becauee the sime will not comply with the prescribed res.r yard setback of 34 feet required by the Zunln,g Ordinance of the Town of "ye, and for a variance upon premises known as Section 1, Block 6C&L, Lot 63B on the Tax and Assessment Map of the Town of hye, will be heard ct; the Town Rooms, lO Pearl Street, Port Chester, New York, on the 12th dry of September, 19510 at 8 o1 clock P.M. , Pnd le.ter by edjournment, if necessssy. FURTHER NOITICL 1S HcRLBY GIVEN that at such time and place above mentionea, the Zoning; Board of AppesIs -ill act in relation to said ap"eFl and application for variance. Dated: August 27, lysl. HARVEY S. QUIGEL, lheirmPn, ZorinE Board of Appeels, Town of hye. PT'MIC P-IGMT aT x" TtMPST OXVWN th&t an sp-*vl or ?TIM-T f J. ?T?JPrFY r•nd IMDR is Fl.UWZT from tbva d0alolon of the Aulldl»p Inepentar of the Tovn or Igte denying s porm1% for the construotion of a iiveiiins on the Y'rat:eriy eide or P1490 trot # because the sar:e will not: comply with the bars•• oeeribed roar Tvrd tetb"ak or ?G rs*t requI red t7 th* 7vnl ng Ordi n&nc a or the Torre of V-yo, f na for a v&rlanas upon promi-- sas known as Seotlon to Blook 606D, Lot 633 oft the Tau[ snd Aeveo went xap or the Town or rwe, wt21 be board eA the Town Rooms. 1C l="r2 stres t s ?port: Chester* New York, can the 181b ds y of sw3a*r, 1g51, at R o•o2ook t.n.* and later by sap* csctt s it resne�eteer�. TUR' "Of "T(M IS TM-T-.VrT COY'` �l that Ot srscle t1ms a" piss+ above nentlon el, the 7-oning Board of A-Viceals will act In rolatlon to said appeal sad applIcation for varlaneo. Datodt AWU&t 27, 1951« 1 AAVET fit. IVV' ?-i Dhalri+aet, zoff' Board of A eola s Toxin OW Pro. V I i I INVOICE The Daily Item (Itein Publishers, Inc.) PORT CHESTER, N. Y. BECKER AND ca 1 TZ 113 NORTH MAIN ST PORT CHESTER N Y PAY LAST f AMOUNT IN J THIS COLUMN TERMS: NET SASH D S S C R I P T 1 4 N I INCHES LINES RATE DATE I CHARGES I CREDITS BALANCE J BALANCE FORWARD " > TRANS GAS PIPE LINE CURP NEI AUG 9 K AUG 951 11 .05 11 .0` UCTAF YALAREI G 24 AUG 2d51 5.27 16.3i ti PLEASE ADVISE IN WRITING WITHIN 3 DAYS IF ANY ITEM HEREON IS NOT CLEAR AND IN ACCORDANCE WITH YOUR UNDERSTANDING. UTHERWISE THE INVOICE WILL 13E ASSUMED CORRECT. AFFIDAVIT OF PUBLICATION FROM THE DAILY ITEM (Item Publishers, Inc.) State of New York County of Westchester 1 53 PUBLIC NOTICE PUBLIC NOTICE IS HEREBY GrV- Anthony Ro Matra EN that an appeal of THOMAS J. .................I.............. ................................................1.----------------being duly sworn, FLUSKEY and LUCRETIA FLUSKEY from the decision of the Building In- deposes and says that he is the principal clerk of the Publisher of "The Daily spector of the Town of Rye denyingl a permit for the construction of a Item," a daily newspaper published in the Village of Port Chester, Town of Rye, o dwelling n the Easterly ride of Ridge Street because the same will -ot conf- ply with the prescribed rear yard set- County of Westchester and State of New York, and the notice of which the back of 30 feet required by the Zoning Ordinance of the Town of Rye, and for annexed is a printed copy was published in said newspaper on the following dates a variance upon premises known as Section 1, Block GC&D, Lot 63B on the Tax and Assessment Map of the of publication: Town o, Rye, ",III be heard at the Town Rooms, 10 Pearl Street, Port Chester. New York, on the 12th day August 4, 19.51 of September, 1951, at 8 o'clock P.M.. ........................................................................................ and later by adjournment, If neces- sary. FURTHER NOTICE IS HEREBY ...................................... ... ........... .. .............................. E . CIVN that at such time and place ------- above mentioned, the Zoning Board of Appeals Will act In relation to said appeal and application for variance. S, .-------_..---- Dated: August 27. 1951. HARVEY S. QUIGEL, Chairman, Zoning Board of Appeals. Town of Rye thi......._11th... day of e........ .Vp:temb ..........r .......... i9_._51 ........... ------ ......................._­__ -1, Notary Public, Westchester County - yaRGARET V. CARROLL IM-5-49 NotarY Public in the State of New York Appointed for Westch,13ter County fislou FUX COOMMU ,PiM March 30,19a AFFIDAVIT OF PUBLICATION FROM THE DAILY ITEM (Item Publishers, Inc.) State of New York County of Westchester I ss PUBLIC NOTICE PUBLIC ICOTICE I5 HEREBY GIV-. Anthony R. Mat3'aR.. $ days' EN that an appeal of THOMAS J. ......................................•_..».__... .------.--._..----..__-..._...........__.-......... FLUSKEY and LUCRETIA FLUSKEY from the decision of the Bullding In- deposes and says that he is the principal clerk of the Publisher of "The Daily spector of the Tnw:a of Rye denying a permiitllingonor the c,is sidel of of Ridge Item," a daily newspaper published in the Village of Port Chester, Town of Rye, Street because the same will not corn- ply with the prescribed rear yard set- County of Westchester and State of New York, and the notice of which the back of 30 feet required by the Zoning Ordinance of the Town of Rye, and for annexed is a printed copy was published in said newspaper on the following dates j a variance upon premises known as Section 1, Block 6C&1a, Lot 63B on f tyl?lleailOf]' the Tax and Assessment hlap of the O p Town of Rye, will be heard at the Town Rooms, 10 Pearl Street, Port Chester, New York, on the 12th day A1�,7ialet 1951 ofSeptember, 1951. at S o'clock P.M., ....---•-•----- •.... ..................................................................................................-_............r. and later by adlo:ltnment, It neees- sary. FURTHERNOTICE IS HEREBY ... - --_-............... .......................................• . ... .............................._— - GIVEN that at such time and place above mentioned. the Zoning Board of Appeals will act In relation to said _ _......... appeal and application for varlanca: Dated: August 27, 1931. HARVEY S. Ql7lGEL, Chairman, Zoning Board of Appeals, Town of Rye this_.__--11th... day of.........Sept"emb_0.r............ 19.._,51 j ---------------------..----_----------- -.------•--__--------.................__..., Notary Public, Westchesttcc�� V. CAFkQI-L 1•1AK rA Notary Public in the state of New York IM -5-44 Appointed for Westchester CnuntY 30 k952 Commission.Expires Ma - nly WOW. IP©IR" ®g VIIEW Wolax � � �� ALGoNGuIN 8-1000 REAL ESTATE DEPARTMENT v DIRECTOR August 22, 1951 George ©. Becker, Esq., Attorney, Town of Rye 113 N. Main Street Port Chester, New York Dear Mr. Becker: Enclosed is letter dated August 16th from Samuel La Rosa ogether with application of Thomas and Lucretia Fluskey for variation for rear line set back applicable to Lot 63B, Section 42, Block C and D. Plot plan i4 also enclosed. F request that you arrange for a hearing to consider the application. Next week wi11 not be convenient for myself, and as it is likely that more members of the Board will be available after the first week in September, 1 suggest that the hearing be scheduled for Wednesday evening, September 12th, at S P. M. Vera- truly yours, S.- Quigel Chairman, ZoG oard of Appeals, Town of Rye. Encs, LAW OFFICES OF SAMUEL LAROSA 4 SOUTH MAIN STREET PORT CHESTER, N. Y. PORT CHE57ER 5-1997 August 161 1951 Zoning Board of Appeals Town of Rye 10 Pearl Street Port Chester, New York Dear Sir: Inclosed herewith, you will find the applicat o of Thomas and Lucretia Fluskey� for a variance�pl.o plan, for house to be constructed It is my understanding that Mr. and Mrs. Fluskey have talked to Mr. Neilson about this situation and that he is fully familiar with it. Very tr yours, SL:PYi SA EL LA INC. August 4, 1951 Zoning Board of Appeals Town of Rye 10 Pearl Streit Port Chester, New York Gentlemen: We the undersigned are the owners of the premises des- _— cribed on the tax assessment map of the Town of Rye as Section 2 Block C. and D., lot 63B. We contemplate in erecting upon this plot a house in the dimension and on the location shown on a plot plan, a copy of which is inclosed herewith. As this house will be located, it is necessary that the rear set back restriction be less by 12 feet than the require- ment of the Town Zoning Law. This is necessary by reason of the irregular lines of the plot. Application is therefore nude b a variance so as to y permit a rear line set back as shown on the plot plan. Ilk f LAW OFFICES SAMUEL LA ROSA 4 SOUTH MAIN STREET PORT CHESTER,N.V. 1 L .q *T , LOTS- C. 3•A- C-Z 4 ,. ibLOCK G,p, O a d 0 L OT- tn 00i SE- - r `1l �1 07. qN. SC 6 d Sri 0 0 t