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HomeMy WebLinkAboutZBA1956 ZONING BOARD OF APPEHLS Town of Rye, New York Minutes of hearing held in the Town Rooms, 10 Pearl Street, Port Chester, New York, December 17, 1956 in the matter of the appeal of MKkDOWIAM CONSTRUCTION CORPORATION OWNS of Part of Lot 1-A-lA, Block 6, Section 1, Tax and Assessment Map of the Town of Rye, N. Y. (said premises are also known and designated as and by Lot No. 6 in Block B on '"Subdivision Map, Section No. 1 Meadowlark in the Town of Rye, County of Westchester",)from the decision of the Building Inspector denying a permit for the construction of a dwelling because the same will not comply with the prescribed side yard set back required by the Zoning Ordinance of the mown of Rye, and for a variance of said premises. The Hearing was called to order by the Chairman at 8:OC P. Y. Present: Harvey S. Quigel, Chairman ) Members of the Board Clarence A. Campbell ) of Appeals Theo. G. Henninger ) Absent : Charles D. Patton, Member of the Board of Appeals Also Present James Re Neilsen, Building Inspector Richard O'Connell, Town Attorney Gerald Lachman Milton Lachman Reuben Re Sirlin, Attorney for Meadowlark Const, Corp. No one appeared in opposition to appeal and application for variance. The Chairman read the Notice of Hearing as advertised in the Daily Item and the Affidavit of Publication showing the notice was published in the Daily Item under date of December 7, 1956, A publication fee of $ 6.46 representing charge for advertising of the Public Hearing was paid by bare Gerald Lawman and a receipt for same issued by the Chairman. On motion made, seconded and duly carried, the Notice of Hearing and Affidavit of Publication were received and ordered filed. W. Sirlin, Attorney for Meadowlark Construction Corporation addressed the Board and explained that his client's cooperation with the Town of Rye in leaving land for the proposed widening of Ridge Street had now made it necessary for a variance to be sought in order to prescribe with the side yard set back. Mr. Sirlin presented Maps with regard to this site to the members of the Board. After discussion, on motion by Mr. Campbell, seconded by Mr. Henninger, and unaaimously carried, the Board voted to grant the variance sought by the appellant in accordance with Section 6 - BC2} -b of the Zoning Ordinance of the Town of Rye. The vote of the Board follows: Mr. Campbell Yes Mr. Henninger Yes h1r. Quigel Yes The hearing was adjourned at 8:20 P, M, EAR W S. VIGIL Chairman, Zoning B of Appeals Town of Rye, N. Y• ZONING BOARD OF APPEALS Town of Rye, New York Minutes of hearing held in the 'Town Rooms, 10 Pearl Street, Port Chester, New York, December 17, 1956 in the matter of the appeal of RICHARD TARLOW owner of part of Lot 25 A - 16 B1, Block 6, Section 1 on the Tax and Assessment Map of the Town of Rye, New York from the decision of the Building Inspector denying permit for the erection of a dwelling on said premises because the same will not comply with the prescribed side yard set back required by the Zoning Ordinance of the Town of Ryep and for a variance upon said premises. The hearing was called to order by the Chairman at 8:25 P• M• Present: Harvey S. Quigel, Chairman Members of the Board Clarence A. Campbell ) of Appeals Theodore 0, Henninger ) Absent : Charles D. Patton Member of the Board of Appeals Also Present: lames R. Neilsen, Building Inspector Richard O'Connell, Town Attorney Richard Tarlow David M. Kahn, Attorney for Mr. Tarlow There were a number of adjacent property owners present in opposition to the granting of the variance. (See attached list of names and addresses) The Chairman read the notice of Hearing as advertised in the Daily Item and the affidavit of Publication showing the notice was published in the Daily Item under date of December 7, 1956, on motion made, seconded and duly carried, the Notice of Hearing and Affidavit of Publication were received and ordered filed. The Chairman read a list of property owners in the area notified of the Public Hearing. Mr• Kahn, Attorney for Mr. Tarlow addressed the Board and presented a drawing of the proposed dwelling as it would appear on the property. Mr. Kahn stated the reason for the request for variance was due to the fact that the County Health Department would not issue a permit for the septic tank unless same was situated as specified by the County Health Department. In order to comply with this request a variance would be required from the Board of Appeals. A general discussion followed during which time the owners of adjacent properties present indicated their opposition to the granting of the variance. W. Kahn stated he understood a server district had been created and that if this were true and some indication could be known that a surer was to be constructed, his client would not have to seek this variance. After discussion, on motion by Mr. Henninger, seconded by Mr. Campbell, it was decided that the Public Hearing on this appeal be closed and that the decision of this Board on the application be deferred to a meeting of this Board to be held on Monday February 1$, 1959 at 8:00 P. M, The rote of the Board was as follows: Mr. Campbell In favor of motion Mr. Henninger In favor of motion Mr, Qpigel In favor of motion. The hearing was adjourned at 9:20 P. M. HARM S. WI GEL �-- —� Chairmen, Zoning Board of Appeals, Town of Rye, New York* Owners in area, of Richard Tarlow property, present at Public Hearing, December 17, 1956, in opposition to granting of variance. Mr. & Mrs Hazelton. Wellstood 11 Knollwood Drive Port Cheater, New York Mr. & Mrs. Henry F. Fallmann 15 Knollwood Drive Port Chester, New York Mr. & Mrs Robert J. Valerie 9 Knollwood Drive Port Chester, New York Mr. Peter Roman 97 Cedar Place Rye, New York Mr, Rudolph D. Farant 6 Knollwood Drive Port Chester, New York Mr, Arden N. Smith 1$ Knollwood Drive Port Chester, New York