HomeMy WebLinkAboutZBA1950 MUTES OF THE IMITING OF THE ZONING
BOARD OF APPEALS OF THE TON OF RYE,
NEW YORK, HELD AT THE TOWN MALL, Y10
PEARL STREET, FORTCHESTER, NMII YORK,
JULY 17, 1950.
The meeting of the Zoning Board of Appeals of the Torn
of Rye, Uew Yore, was caller' to order at €3:20 P. L. , July
171 1950, by Harvey S. ,u i gel, Chairman.
Present:
Harvey S. ui_el )
C. C. Smith )
F. K. Wallace ) Lertbers of th Board
B. r. Bila.s )
C. A. Campbell. . . . . Absent
George 0. Becher, Asst. Town Counsel
Howard Grossman, 1 Sunset Rd. , port Chester, N. Y.
i-r. Wivel, as Chairman, read the Public Notice and filed
it with the secretary. Check for 013V plus 18 cents, advertising
fee to be paid. Er. :L?igel also read- Mr, Coward' s letter, J01Y 7,19
On behalf of the applicant hr. Grossman statdd that the
greatest variance was 2.07 feet in his preliminary remarks
as to the project.
;hen asked by `"r. �-;ui#el why there was a de arture from
the requirenents of the perriit which provides 31 feet, L:r,
Grossman replied that Ixe surveyor made a mistake in settinC
the sta-Les, in laying, he foundation stakes as provided in
the plan, and that as a result the concrete floor slab was
laid as is.
When asked ghat type of heat was to be used; that is,
whether radiant heat was to be used, I.r. Grossman replied
that it was.
Yr Qui7el asized Mr. Grossman hoyr much it would cost to
move the slab, Yr. Grossman replied after some hesitation
that it would cost abnot MOM-
'_'hen`hen as'�ed by "r. Qvigel hove he arrived at that figure
in view of the what the applicant claimed the house would
cost, hr. Orossm_an nade no reply.
Grossman then proceeded to say that these houses are
built on a curve; that the effect of the set-backs of the
houses on a curve am is not the same as on a straight street.
That the two houses in gveston have a ratio of error of two
feet.
v
July 17, 1950
o:eetin", PaSe 2.
Ir. ui_ el requested Mr. Becher, as counsel, to _give his
view or interpretation.
or. Becher called the attention of Mr. Grossman to the fact
that the plotAplans have an aligrmaent of thirty-four (3L_) feet
as filed for the permit. That is an alignment which you (the
applicant) created. The point stressed by =' r. Decker in his
further coi nents was that the applicant has created an alignment
in excess of 30 feet, 01=30 feet is the minimum.
Er. Grossman replied that he was not sure whether it was 30
or 3n feet. (He wr s patently not specific in his replies and
hardly abreast of the facts of the case. )
To refresh Lr. Grossman' s recollection or to enable him to
repl specifically, Mr. Nielsen, the Buildin Inspector, reminded
Er. rossman that from the first house the applhant set the
grade; that is, the set back.
Asked b7 Mr. Smith whether any of the houses delivered, Mr.
Grossman. hox±a±m± hesitated; whereupon, Er. Qvizel asked whether
any of the houses were sold. Isar. Grossman said, "I•To. "
hr. Beeper spa asked whether or not any other residents of
the project could ask or claim that their set-back was variable;
whereto, =r. -,ui;el queried whether the Board should legalize a
rustake.
P.Ir. Grossman interjected that if the error was the result of
negligence the Board might be knamsharsh with the applicant, to
w" ich 1.1r. _ uigel nut the question, " Do you mean that there is
no negligence?" Kr. 'Orossman' s reply was that he dial not say that
there was no negligence.
..hen Lir. 's uigel zxkxd reminded 1-11r. Grossman that the Board
had a duty to the public, yr. Urossman stated that no substantial
hurt would result to the cor{? 1Uni ty.
Mr. Smith asked whether it was his correct understanding that
other houses had been sold. Fr. Grossman stated that he could
certify that only two out of sixty-two (2 out of 62) had not been
sold.
t. Q. : You made some reference in your openinv remarks
to the first discovery of the error. lWade the discovery?
Ex. G. : I can not say. kham
NT. Q.: You sure it wasn' t the financial institution?
Mr. G. : 1 can't say who did it.
Mr. Q. : Ore measurementb made?
Ex, G. : Yes.
July 17, 1950 k
Yeetiny, a �e 3.
You sure it wame wasn't the Title Company that
turned up the error?
l r. ?. : The oeaman' s Bank for Savings, the service mortgage
or servicing company, may have turned it up.
: r. (:1. : Any other?
Lr. G. : Fran ly, 1 cannot say.
I.r. Deeper asked whether there was a pro jectinC eave of 18''
by b2l ; °thereto, Er. Grossman replied, "Yes, an overhano ''
I,1r. C�. : I'rho signed up the 25000 fee.
Kr. D, ; I,'r. Diamond,
Ir. Q. He' s an officer? I.Itts t be the President?
G. : A is the president.
°= Q. : 0f the busness construction company?
Mr. G. : he is the president.
A discussion took place amon7 the members of the Board and
the Agst. Tobin Counsel,
Thereafter, Er. Oal.lace rec.uested Mr. Grossman to indicate to
him in what capacity he was (aged by the applicant; to which
G, replied that he was the cost man,
x. jallace added that the applicant was naturally expected
to have aPeyreen a representative there who coiner give figures
to substantiate the cost of ramedying or correcting the error.
After the questioning of I.r. "rossman ended, fir. Bilas
na.dc the point that its far as he was concerneC t'_e applicant
has a remedy available to him without coming to this Board
for relief in the fort.: of a variance, notwithstanding the
extent of the variance, lac added that variances should_ be
very charily granted and only in cases where that is the only
remedy available. In this case, as he sees it, the houses across
the street (on the safe curve) are set back more than the minimum
and all that need be done is to change the curve of the road. That
procedure would not entail much expense because (1) the roar is
only a base-bed; (2) no curbs have teen laid; (3) new maps can
be made with this slight change; and (h) a re--dedication of the
street, as amended, is only a formality. That, in view thereof,
he was reluctant to loop with favor upon the application; particu-
larly, in view of the sketchy presentation by the applicant, it
was manifest that not much consAderation or effort was given to
the solution of the error. That such matters should not be dumped
into the Zoning Board' s "lap."
iV. Becher did not thinly that was the case. he felt that
tHat it would roan more work,
July 17s 195C
i.:eetin - Palze
P,=r. Grossman was asked whether he had any more to add
in connection with his application and was thanked for his
efforts and was respectfully informed that the Board would
mat proceed to an executive session. After j,=r. Grossnan left,
the Board discussed the various phases of the problem; anion;;
them, hardship, negligence, etc.
Resolution read in favor of applicant. Copy in extract.
On Roll Call the foliotrin,7 xx vote was made:
Mr. Smith. .. . . . Yes.
Mr. Wallace .. . Yes.
Mr. Quigel. . . ., Yes.
Mr. Bilas. . . . ., P1o.
Adjournment was mop edip seconded and passed,
Respectfully submitted,
Ba7il Michael Bilas., 5-cretarj,
Zoning Board of Appeals, Town
of Rye, Teti York.
Cony of resolution is attached.
r
�►`� ZONING I30ARD OF APPEALS
TOVJV OF RYE, s, Ii6, Y.
EXT111ACT F 4rx' i 1=L,'a LM7XTI;S OF MLTII,C OF THE 2D I1ING I30ARD CV
APPMLS Or, T T M 'TO'4 I OF _k ', AT TL1L TOWN TT11T a 10 PEARL 3TR,MTJ
PORT CIM STER, Ir. Y.s JTX _': 17v 1%0.
"R SOMM& that the apl�-li.cati.on o1 tho Derne Construction
Co., Inc„ for a vari anee of the provisions of Section 12,
Subdivision 1 of Subdivision A of the '7onir ,,_- Ordinance
of the 'gown of Ryes, requiring a i inir-am of thirty (30)
feet fan 7,,-r.rd in a Iles fence V� f `�istrict, and pernndttin�;
the eroctioiz of a single f ardly house oal promises known
as house 2990 Lot Gl on f p of Isva Brook, filed I'ebruary 21,
1950, in the Office of the Cleri.- of the County of estc}nesters
I1ivision of L3 zd ""cords, as -I.:ap 70041 and desi.,;rr.ated on
the Assessment of 11ap of the :'awn of I1ye as Section it 1
I310c'_- 12A, Lot " 'jl, with a rainimm from; yard of 29.�O
feet on the south side and 29.62 feet on the north side,
and pe-.rnitting the erection of u sirKrle family house on
premises Imown as House :" 297, Lot U3 on fi ap of Eye
Brook, filed Febraary 21, 191'0 in the Office of the Clerk
of the Cow-it of '-:ostchester, ivision of Land records,
as pie' (GO B ax��i ciesi mated on the -1-ssessLr+ent Dap of
the Town of Rye as �oct:ion ;; 1, Flock 12 A, Lot; 03,
with a mini no4 i front -yard of 27*( l. feet on the vie s t side
and 28.19 feet on the east side, and to transact such,
other and n—r-ther business as -ay properly cone before
the rooting.
"ROLL CALL
��a1lr�es�...... .. .Y�%s
i:.r• �i1L�.13.... . . .. . •.�u0
les
Jam'. Cmapbell. ... •...-�sbsent
n-,ranted."
I hereby certify that the foregoing resolution is a true copy of
the or -Lial resolution adopted by the Soning Hoard of Ap eals
of the Toem of Eye at a ideating, per quorum, held at the Mvn
Mall, lO Pearl �tr::o3t, i�ort Chester, I,ew York, July 17, 19510.
Bas 1-1 c ael Dilasp Ljecretarf
of the Zoning Board of [Lp-eeals
of the Town of Bye, l4tiv fork
GFgY� PORT CHESTER 5-1725
* * OFFICES OF TOWN ATTORNEY
9 : TOWN OF RYE
4�r O 101 WESTCHESTER AVENUE
rhESTER PORT CHESTER. N. Y,
JOHN L. COWARD
TOWN ATTORNEY
July 7, 1950
Mr. Basil L. Bilas
Hawthorne Avenue
Port Chester, N.Y.
Dear Sir:
This is to advise you that Harvey Quigel, Chairman of
the Lonint, Board of Appeals has called a meeting of the Board
to be held on Mondny, July 17th, 1950, at the Town Rooms,
10 Pearl Street, Port Chester, N.Y. at S oldloc.c P.n.
(Daylight Saving Time) to consider the application of Berne
Construction Co. for a variance of the front ,card set back
restriction on two houses situated at Rye Brock.
I am enclosing herewith copy of the notice :ard would
appreciate your raking a special effort to be prevent at
this meeting. I.f you can not attend p1nase notify I:Ir.
Quigel.
Very truly yours,
ohn L. Coward
JLC irk'
Enc.
PUBLIC NOTICE
TAKE ]NOTICE that the Zoning Board of Appeals of
the Town of Rye will hold a public hearing on the 17th day
Of July, 1950, at 8 o'clock in the evening (Daylight Saving
Time ) at the Town Rooms, 10 Pearl Street, Port Chester, New
York, to consider the application of Berne Construction Co.,
Inc. for a variance of the provisions of Section 12, Sub-
division 1 of Subdivision A of the Zoning Ordinance of the
Town. of Rye, requiring €i, minimum of thirty (30) feet front
yard in ia. Residence "ILA" District, and permitting the erect
ion of a single family house on premises known as house #299,
lot #61 on "Map of Itre Brook, filed February 21, 1950, in the
office of the Clerk of the County of ,yestchester, Division
of Land Records, fart map #7004" and designated on the assess•.•
went map of the Town of RYe as Section 1, Block 12A, Lot 612
with a rainimn,= front yard of 29980 feet on the south side and
29.62 feet on the north side, and permitting the erection of
a single family house on premises known as house #297, lot
#63 on "Hap of Rye 13rook, Piled Februar'y 21, 1950, in the
office of the Clerk of the County of Westchester, Diviaion
of Land Recorda, as imp #7O04" Eared designated on the assess-
ment map of the Town of Rye as Section, 1, Block 12A. Lot 63,
with a minimum front yard of 27.94 feet on the west side and
28,19 feet on the east side, and to transact such other and
further business as may proaerly come before the raeeting,/
` Port Chester, P.Y.
my 7, 1950
Harvey S, uigel
Mrizfrma n or the zolling ,Board
l of Appeals
July 7, 1950
Berne Construction Co.
34 Brcad Street
Port Chester, N.Y.
Gentlemen:
This is to advise you that the Zoning hoard of Appeals
has called a meeting to consider your application for a
varidnoe on the seat-back restriction at lye Brook develop-
ment for Monday, July 17, 19500 at 8 o'clock (Daylight
Saving Time) at the Torn Rooms, 10 Pearl Street, Port
Cha star, New York. It will be necessary for you to be re-
oresented at this hearing; for the purpose of pre3senti,ig
your case to the Zoning Board of Appeals,
You have asked for a variance on three houses and I
am informed by the Building Inspector that there is no
violation of the sat-back restriction on Lot #1 as the
house faces Westchester Avenue and has more; than thirty
feet set back. The side yard on Brook Lane is adequate.
Enclosed herewith pleases find copy of notice.
Very truly yours,,
Jahn L, Coward
JLC mf
Eno.
AFFIDAVIT OF PUBLICATION
FROM
THE DAILY ITEM
(Item Publishers, Inc,)
State of New York
County of Westchester ss
PUBLIC NOTICE)s ----
TAKE NOTICE that the ZoningWilliam Re Pa.t tersonq Jr ..........being duly sworn,
atrdof Appeals of the Town e[ .,.............................--,-,-,,, -.........,.-......,....................,-----.----....._
Rye a-111 hold a public hearing on „
the 17th day of .lulu, 1950. at s o'clock deposes and says that he is the principal clerk of the Publisher of The Daily
In the evening (Daylight Saving Time)
at the Town Rooms. 10 Pearl street, Item," a daily newspaper published in the Village of Port Chester, Town of Rye,
Port Chester. New York, to consider
the application of Berne Construction
CO.. Inc., for a variance of the proN-f-County of Westchester and State of New York, and the notice of which the.
dons of Section 12. Subdivision 1 of
Subdivislon A of the Zoning Ordinance lannexed is a printed copy was published in said newspaper on the following dates
of the Town of Rye, retluirinc a min-i
Imam of thirty 00) feet front yard of publication:
in a Residence "AA" District, and p permitting the erection of n single July 8, 10, 1950
family house on premises known as
house No. 299. lot No. 61 on "Map of
------- -------------, ......,......_ ......... ....__. _._.. _---------------------Rye Brook. tiled. February 21, 195D. in """"'"'"""--"'_-
the office of the Clerk of the County
of Westchester (Division of Land Rec-
ords) as Map No. 7004" and designat-............—------,-„-------,.., *-"- ---_..,,»-�...,-a......... .... ..... ....... ...................... .....»-
ed on the
Let Bt, with a Section
map of the
Town Of Rye as Sect[on 1, Block 12A. e
mum front yard Signed ... �.Jt.4--i..,r..... ...... ....... .......
Of 29.90 feet nn the south slde and
29.62 feet on the north side, and per-
mitting the erection or a single fam-
$. fly house on premises known as house
No. 297, lot No. &3 on "Map of Rye %
Brook, filed FehrVary 21. 1950, In the fl
nfflee of the Clerk of 1he County nraly 5 f
Wes tchester, Division of Land Rea --„/, y`' ,s19--,,,,-,
odds. as Map No. and deslgnat-
- ed on the assessmentent map of th+e j
Town of Rye as Section 1, Block
f of &I. with a minimum front yard of
27,94 feet on the west side and 28.19 COuuty �1'1lCjr--
feet on the east side, and to transact
such other and further buslneas as 1r1A �A iheStatto{New
I mg- properly come before the meet-,,,, Public to ttestet
may t1u
estt
Port Chester N. Y. �ppoitltkd foc keS malb
36s '
July 7. 19 . Dm5ri1a810n lrxP
50
HARVE] S. QUIGEL.
Chairman of the Zoning Board
of Ap�eala