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HomeMy WebLinkAboutZoning Board of Appeals 1942 A I PU13L.IC T�UT I CE 4 J TILK-r NOTICE, that the Zoning Board of Appeals of the Town of Rye will hold a public hearing on the 3rd day of March, 1942, at 6 otclock In the evening (War T-tme) v at the 'town Hooms, 125 North Vain Street, Port Cheater, Tiew York, to consider an appeal of Charles IT* Katz, of 85 lilghland Avemie, Yonkers, :'eyr York, from an order of James R. Neilsen, Building inspector of the Town of Rye , denying a permit to convert a one fLarally house Into a two fantly house on the premises known as "FaIrlawn", on the westerly side of KIng Street, on the grounds that the permit would not comply with Liectlon 4A of the Zoning Ordinances of the Town of Rye , as the property Is situated In a Residence AA district, and a two farrilly house Is not permitted in said district, and to transact such other and further business as may properly come before the meeting. Dated., Pebruaryl-� 1942 HARVEY S. QUIGEL, ChalznrLan of the Zoning Board of Appeals LUITTES OF ,''TING OF TE ZOFIYG BOARD OF AFFLALS OF THE TO0 OF RYE , EELD AT TfdE TOW14 ROOMS, 125 FORM MAIN STRIM, PORT CHESTEIRt NEW YORK, LA CH 3rd, 1942. A meeting of the Zoning Board of Appeals of the Town of Rye was called to order by Chairman Quigel at 8:15 P.M. (E-IiT) , Tuesday !,;arch 3rd, 1942 . Fresent : Harvey Quigel, Chairman ) kembere of Charles C. Smith ) The Board Irving; L. Ferris, Jr . ) John L. Coward Town Attorney James R. Neilsen Building Inspector Chairman Quigel appointer Lr. IrvirF L. Ferris, Jr. as acting secretary to the Board. Chairman Quigel read the Public Notioe dated February 24th, 1942 which announced the purpose of this evenings public meeting to consider an appeal of Charles N. Katz, of 85 Highland ,Avenue, Yon'&:ers, New Yore, from an order of James R. reilsen, Building Inspector of the Town of Rye, denying a permit to convert a one family house into a two family house on the premises known as "Fairlawn", on the westerly side of King Street, on the irrounds that the permit would not !amply with Section 4A of the Zoning Ordinances of the Town of Rye, as the property is situated in` a Residence AA district, and a two family house is not permitted in said district, Affidavit of publication of public notice pretaining to this meeting was presented by ilr. Coward from the Fort Cheater 'Daily Item". This was ordered received and placed on file . Chairman. Quigel read a letter from Lir. Forshay regretting his inability to be present at this meeting. ( This letter was turned over to Mr. Coward to present to the Torun Board as it also contained Lx. Forshay' s resignation from the Zoning Board of Appeals) Building Inspector James 11i. Neilsen advised the Board that he had denied a building permit to tir. Charles E. Katz for convert- ing the hereinbefore mentioned one family house into a two family house for the reason hereinbefore assigned. Chairman 4uigel asked who wished to be heard in connection with this apreal. Architect Katz appeared before the Board and was heard on behalf of appellant, his brother fir . John J. Nethercott appeared before the Board and spoke in favor of the application. Chairman Quigel presented a letter, dated 11aroh 2nd, from Mr. Morris S. Shipley registering "the strongest possible objection to any variance from the present requirements - -". Mr. Shipley further advised in his letter that he was "a resident of Kirng Street, close to the location of the proposed variance". Chairman (�uigel presented a letter from .Ur. C. L. Bonham, dated Uarch 3rdn 1�J42, advising "- - I object very strongly $o this suggested change and am hoping that it will not be allowed". Mr. Ferris reported that kr. James T. Pine, an adjoining property owner, was not objecting if the building is not to be rented out. Chairman Quigel questioned Idr . Vethercott as to whether he is contractor for work on the premises at present. Yr. hethercott answered in the affirmative - "Working on the main house". On motion made by Mr . Smith and mud© seconded by Mr. Ferris it was:- RESOLVES, that the appeal of CRARLE S P. KATZ from an order of James R. Neilsen, Building Inspector of the Town of Rye, denying a permit to convert a one family house into a two family house on the premises known as "Fairlawn" . on the westerly side of King Street, be DEFIED; Roll Call: Mr. Smith Aye Mr. Quigel Aye ]stir. Ferris Fo Chairman (,uigel ruled the application denied on grounds that a majority vote of the .ioard is necessary to grant a variance. There being no further business the .ioard adjourned, after instructing the Secretary to file the solution with the Town Clerk, at 9 :50 P.L.I. (E6T) . ary TOTE:- The above minutes were written from the "notes on the Zoning board Meeting last night that I took at the request of Mr. Quigel" dated March 4th, 1342; as submitted by Kr. Irving E. Ferris, Jr. ; original of which is filed herewith. 011BG BOAR" OF APTEALS mnmmmmmmmmmmmmmmnImmmmmmmmmmmmsm ]EXTRACT 07 MINUTh 2 OF A STING OF THs QV ING AURD OF APIAAI,S OF TIE T04N OF RYS, U10 AT TEX TOWN ROUE, 125 NURTg MAIN WtET, FORT CSISUS. Un YORK, on March 3, 1942. RESOLUD, that the apxeal of CRARLAS V. KATZ from an order of dames . . Neilsen, Building Inspector of the Tovir. of Nyo, denying a permit to convert a one family douse into a two family house on the premises known as "Fairlawn", on tho westerly lido o! Zinp Sty eet, be j.SIX0 Roll Call: Mr. Smith Aye Mr, Quigel Aye Mr. Ferris No Chairman Quigol ruled the application defied or grounds that a majority vote of the 3o€;rd is necessary to grant a variance. I, the undersigned, do hereby certify that the fore- poing resolution is a true copy of the original resolution adopted by the Zoning hoard of Appeals of the Town of Eye, at a meeting held at the Town looms, 125 North Rein Street, port Cheater, New York, on March 3rdy 1942; all as taken from the notes of Kr. Ferris, acting secretary for this meeting. Secretary Zoning AFArd o Al 7 eals `"o 7n of Frye, F.Y. 6 AMDAVIT OF PUBLICATION State of New York County of Westchester E Ss _ THE DAILY ITEM i —PL7ALIt: :�OTI4'b: TAKE XOTICE- that the 'Zoning (Item Publishers, Inc.) Board of Appeals of the Town of Rye H'lil hold a public hearing on t 3rd day of March. 13{:, at 8 h 6rk in the evening (war Time), at the Town Rooms,-125 North Main Street, Port Chester, NOW York, to Bernard B. H$nsson consider an appeal of Charles t- i,zatz, of s5 Highland Avenue. Yon- .......... ... ........................ ....... 'being duly sworn, kern, New fork, frunti an order of James IL en $ In- Spector th Tow ofRye, deyg deposes and says that he is the principal clerk of the Publisher of "The a permit to convert a one fancily house into a two fancily house on Daily Item," a daily newspaper published in the Village of Port Chester, the premises known as Fairlawn on the westerly side of Bing Street, on the grounds that the Town of Rye, County of Westchester and State of New York, and the permit would not comply with, Sec- tion of the `Zoning Ordinances of thea Town of Rye, as the prop- notice of which the annexed is a printed copy was published in said news- erty Is situated In a Residence AA district, and a two family house Is on the following dates of publication: not permitted in said district, and paper g to transact such other and further business as may properly come [tie- February r�g 2 = f 1942 fore the meeting. U 28 Dated. February 24th, QUlOEG,19 ............................................................................ .................. HARVEY Chairman of the 'Zoning Board of Appeals Signed.. !.' ' $Sworn to before me t`hi .,, rc�............day of.................�erc ...................... 19... otary Public, West6ester Countw 2M I0.39 // CHARLEs N. KATZ ARCHITECT Formerly W. P. KAm INc. 85 HIGHLAND AVENUE YON K ERB. N. Y. LONGACRE 5-3405 YONKM 5-3290 February 7th, 194r. 11r. H.S.Quigel, Woodland Drive , Portchester, SI.Y. Dear fir. x„uigel: Re : Former Lav "-'state, King St. I herewith rake application for a. variance from the decision of the Building xnsy)ector for the town of Rye on the denial of a. permit to alter the present one family house to a duplex dwell- ing. This building will be used solely by the help employed on the estate. You will note on the plyms, submitted to Mr.Neilson that it is our intention to provide five rooms and bath to each apartment and modernize it in all respects. There will be sufficient ground attached to each to comply with your requirements. I will be at your disposal at any time to go into this matter further and will telephone you on Monday night for additional instructions. Very truly yours, JS:CNK Kit' s t-pet, Pbr � : ;3+.1 ) N. I . Ma-ch 21 11-148. Zoning Board of Appeals, Town Of Rye, Port 1hester, N.Y. Gentlemen; - I understand that an appeal has been made to you to grant a variance from tYe Zoning Ordinance which would permit a two--family house on the former. Law property on King Street. Permit me to point out that this area lies in the "'Residence AA'I zone, which is the most highly restricted district in the intire town. Such a two--family house as is now requested is not permitted except in "Residence B" and lower restricted areas. As a resident of King Str-et, close to the location of of the proposed variance, I want to register the strongest possible objection to any variance from the present requirements for "Residence AA" classification which might relax its restric-- ions in any way. I can see no :reason why the most highly restricted area in the entire Town should have those restrictions niallified by grahting such a variance and I most earnestly petition you to deny this proposed change in the Zoning Ordinance. You very trul Worris S . Shipley Only a speaking engagement of long standing prevents rye from presenting this objection in person. P. S . If such a variance should be granted in this case, I think it sholild be stipulated that in no event shall any portion, of the house be rented for any purpose whatsoever. C. L. BONHAM ADDRESS REPLY 70 VICE-PRESIDENT i 2517 GRAYBAR BUILDING 420 L.EXINGTON AVE. BELL PHONE, MURRAY HILL 6.0870 NEW YORK, N. Y. U.'arch 3, 1942 Mr. auigel Chairman Board of Appeals Township of Rye , Few York Dear Sir: It has been brought to my attention that application has been made for changing gate house at the entrance to the Law stables adjacent to my property on King Street, portehester, into a two family house. This property, including my own, is zoned under the highest residential ratinv and I object very strongly to this suggested change and am hoping that it will not be allowed. Yours very rul / r €7. L. BONHJ�J,II N I t r PORT CHESTER AGENCY 220 IRVING AVENUE PORT CHESTER, N. Y. Tel.: Port Chester 535 Established 1825 March 4, 1942. Dear Herold , I am transmitting herewith notas on the Zoning Board Meeting last night thet I took at the request of Mr . Quigel. Meeting called to order at 8;15 P.M. Me.rch 3 , 1942. Present - Cheirmen Quigel , Messrs . Smith and Ferris, Torn Coune6l Coward , Inspector Yielsen . Che irmen read the appeal of ll".`r. Katz (As published) to very 6he "AA" requirement to permit r too family dwelling on his property at "Fairlawn* on Westerly side of King St. Chairman read letter from Mr . Foshay regretting inability to be present. (Letter is in Mr. Cov erd is possession to present to Town Board as it also contains his resignation .) Architect Ketz then wes heerd on behalf of appellant, his brother. Mr . John J. Yethercott spoke in favor of the application . Letter (enclosed) presented from Mr. Morris Shipley opposing ch?nge . * Mr. C . L. Bonham Mr . Ferris reports Mr. Jes . T. Pine not objecting if the build ink is not to be rented out. ".fir . Qyigel questioned Mr. Nethercott as to whether he is contractor for pork on the premises at present. Mr. "ethercott answered in the affirmative *Working on the main house* . Mr. Smith moved the application for variance be denied . second by Mr. Ferris! Roll Call - Mr. Smith Aye Mr . quigbl Nye Mr. Ferris To The Chairman ruled the z.ntliaation denied on grounds that a mQonty vote of the boerd is necessary to Brent a veriance. Adjourned - 9;50 p.m. (J' r 5 t *n Sec . �. t/t jiev vw noz r T? s Way p�rNj iN Tine towU7�40 JffV Ac-TLy 6W 5?c,-7 +rrtAt sro L-1 +. F '�+rr iMsu4