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HomeMy WebLinkAboutComplaint 2016-9-13 �^�rKt,�L LOG IN DATE: BUILF ENT (3 vfLL GE OF RYE I(P",6�K COMPL ION DA : 938 KIN AEET RYE B ic,NY 10573 / ASSIGNEDv t 1}t Axc- ASSIGNED COMPLAIN #: COMPLAINT FORM DATE: SEP 1 3 2016 RECEIVED BY: LOCATION: PARCEL I.D.#: Zone: USE: OWNER: W O CI L Address&Phone: cj 3 QJ SOURCE: Phone/Letter/Other: Address&Phone: COMPLAINT: POSSIBLE VIOLATION: - u (c�C,�9ty op z--v3)4 INSPECTORS LOG DATE STATUS INSPECTOR AA .R- 04.E L OUn F,-c S t Official Form No.2 Zoning Jguatrb of '�kI1pEazls Town of Rye Town Rooms 10 Pearl Street,Port Chester,N.Y. Applications to 6e 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: Thomas Ceraso Address: 55 Upland Street, Port Chester, New York Owner: Thomas Ceraso Address: same as above Lessee: none. Address: Attorney or Agent: Sam Lerner, Esq. Address: 216 Westchester Avenue Port Chester, New York TO THE ZONING BOARD OF APPEALS: Application is hereby made under the discretionary power vested in you by Section 6 6-13 of the Zoning Ordinance of the Town of Rye,N.Y.,for permission to park motor vehicles on the premises described below (strike out if not a variance) constituting a variance from the require- (5d) ments of Section 6 6-6G/of said Zoning Ordinance. PREMISES AFFECTED, situate in the Town of Rye on the northerly side of Bowman Avenue Street (Avenue),distant approximately 95 feet of the corner formed by the intersection of Ridge Street and Bowman Avenue and known as Number 93 Bowman Avenue located in a R2F Building Zone District,being Section 1 Block 20 Lot 7 B 1 on the Assessment Map of said Town: This Application relates to: USE AREA DSx HEIGHTX D 20& S I. Existing structure is to be demolished for the Pd09N purpose of creating a parking area, subject to Planning Board approval, as provided in the Zoning Ordinance. Applicant also respectfully requests that the Board make a determination as 'fix to whether a variance is required in order to use the aforesaid premises as a parking area. i In Connection with—A PROPOSED—AN EXISTING—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? ------120 -----.....--•----_...-•--•-•--•••------•...........••-•-•-----------••••-------------------------•••---------•------------------...................... (2) What is the applicant's interest in the premises affected? ..... .................__________ __ _ (3) Has court summons been served relative to this matter? ._..No (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? --_.................66-_-13._B...(1).-and---C ------------...............................................-------•----------- 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 Iot 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). i (2) Provisions of any deed,covenants or restrictions affecting the kind of improvements allowed or prohibited upon the premises: none 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 13 day of February ,19 67 t--V-------------- (Applicant sign here) Notary Public. CATHERINE 81F.DERMANN Notary Public,State of'Now York . No.60.0288165 Qualified In Westchester Coun—V Term Expires March 30,196 I , yr RESOLUTION ON APPEAL Before the i of the Town of Rye,New York 1 IN ME MATTER OF THE APPEAL i of I THOMA.S CERA50 I from the deecrmination of the Building Inspector denying application inr permit to park motor vehicles on prerniscs No. 93 $o{ ann Avenue in the Town of Rye,New Y,r,,being Section No. 1 Dlock No. 20 Lot Ne.781 on I the Assessment Map of the aaiif Town. T.HOMAS CERASO, 55 Upland Street, l :trt Chester, New York, having heretofore,appealed a?this Board from it determination the Wilding Inspector denying appellants application for permission to park motor vehicles on the premises No. 93 Bowman Avenue, in th;Town of Re,being Section No. 1 , Block No. 20 Lot No.7$1 on the Auessment Map of sr 11'ovn,on the ground that the same violates the zoning ordinance of said Town in the following particular;,viz: ;,ieCr}',; 66 -6G (5d) of the Zoning Ordinance of the Town of Rye permit:a pa�!,klni, on an R district parcel of land contiguous to the boundary of a C distr",ct. 1-three1 of land only if the affect, ed lot is contiguous on not more than one prope ly line thereof torn side lot. line in an R district ; the affected lov heri:in "Ss contiguous to two side i lot lines. and due public notice having been duly given of a hearing oa said apt:':amen to're hr'" on the 20 th I • i day of February, t9 67 and the ap'liea"t having al;-ueil k"y SAM IERNER, Esq. 216 Westchester Avenue, Port ChesCiir, Nee, York, in support of said application and the adjacent proper,..y ol�tnerf+ st:rvi`d with notice of the application by mail i I appearing in opposition,and after due considciation it appearing to the satisfaction of this Board that said appeal can be granted without detriment to the health,safety,morals,comfort,convenience,or general welfare of the community,and that the use applied for is a reasonable one for the premises involved; that practical difficulties and unnecessary hardship would result in carrying out the strict letter of the ordinanc.,and that by granting said appeal the spirit of the ordinance will be observed,public safety secured and substantial justice clone. NOW'I f IEREFORE,RESOLVED,that THOMAS CERASO is hereby authorized to park motor vehie l.es on premises No. 9.3 13'.rwman Avenue in the Town of Rye,New York tiectiou 1 Block 20 I.ot ] B 1 ,on the Assessment Map of the Town of Rye. 1 in accordance with plans and specifications therefore to be submitted to and approved by the Building Inspector of the Town of Rye,New York,conditioned nevertheless,On strict compliance With the terms and con- ditions contained in the decision of this Boariffi$ th the Town Clerk, .alatYax�trtmtbsx Ilsllp* subject to being submitted to and approved by the Building Inspector of The Town of Rye, conditioned nevertheless that the variance shall expire by limitation unless such building or work so authorized shall have been commenced within one year from the date of this resolution. Such limitation may, upon application to the board, without notice or hearing be extended for only one period,not to exceed six months. If the construction of the building or work so authorized by such variance is suspended or abandoned for it period of one year after the time of commencing,the variance so authorized shall expire, and it is further conditioned: that the variance s0 authorized Shall expire on the failure of applicant to continue to comply with the terms and conditions contained in r*d decision. Dated May 8, 1967. ZONING BOARD OF APPEALS OF THE TOWN OF RYE k 47 ............:........................... JUt,ES, YARI�LL`fA_cting Chairman. L i I HEREBY certify the above to be a full,true,and correct copy of it resolution duly adopted by the Zoning Board of C Appeals of the Town of Rye on the date above mentioned, four members of the Board being present and concurring. &cretary J S $, YAR .� is 1, This application, by Thomas Ceraso, pertaining to Lot 7 B 1, Block 20, Section 1, in the Town of Rye, is deemed an applica- tion foo a variance from the requirements of Section 66-6G (5d) of t� the Zoning Ordinance of the Town of Rye which� y permits parking on an fi district parcel of land contiguous to the boundary of a C district, parcel of land, only if the affected lot "- -is contiguous of not r,ore than one (1) property line thgreof to a side lot line in an R District, - -", because the affected lot is contiguous to two (2) side lot lines. Jurisdiction over the matter brought before it is vested in it by Section 66-13 of the Zoning Ordinances of the Town of '. Rye. The affected parcel of land is approximately 43 feet it- width and 103 feet in depth and the legal objection to the proposed iuse as a parking lot stems from the fact that both the east and north i.,c,undaries of the property (i.e. two property lines) are f contiguous to side lot lines of properties lying within an R district as does the property in question. The requested use is a permitted use. (Ordinance 66-6G (5d) ) , the property is adjacent to a C zone plot of land and is across the street from property for which a special use permit has been granted for the construction of a new gas service station to replace one existing there before. i The proposed use of the property is to alleviate a con- gested parking condition which resulted in prohibition of parking I i on Bowmau, Avenue upon which the property fronts, which in turn has resulted in creation of greater congestion on Division Street which i:i in a residential zone and is used for parking by employees of nthe i Lr: ' The boundaries of the property in question adjacent to the r R district parcels of land affected thereby are now separated from said parcels by a hedge and chain link fame. i a "x The testimony showed that increased parking facilities were F. required for the increased volume of business done by the applicant In connection with the sisrviae stasti;An 00JAasht to the property in question and that the demolition of the existing frame house would, because of its deteriorated condition, be an improvement benefiting the entire neighborhood. The Board of Appeals, .therefore, finds the following: ` 1. For the property to be used for the permitted purposes of parking of motor vehicles, a variance is required from the pro- visions of 66-6G (5d) because the property is contiguous to more than one side lot line of an R district lot. 2. The granting of the variance requested will be in harmony with the general purposes of the ordinance in question, will not be injurious to the neighborhood or detrimental to the best interest of the public welfare or the best interest of the Town of Rye. 3. The granting of the variance will not cause an increase in traffic hazards in the area unless ingress and egress to the property is permitted by means of the existing curb cut on Bowman t• 4 Avenue. 4. To permit the contemplated use will alleviate con- gestion and resulting traffic hazards on Division Street and will, therefore, benefit the owners of the properties abutting on maid street. Therefore, the application for a variance is granted by the unanimous vote of the Board of Appeals of the Town of Rye, (one member absent) , upoi, the following conditions: 1. The existing structure on the premises is to be demolish- ed and the entire property covered with black-top in accordance with all rules and regulations and requirements of the ordinances of .ti-p ,.; -2- i? 1.P L;'`,•j Town of Rye and the requirements of any municipal body having jurisdiction thereof. 2. The existing curb cut on Bowman Avenue is to be eliminated and a full curb restored so that access to the proposed parking area may be had only through the existing service station. 3. The existing fence separating the property in question from the service station shall be removed. 4. There shall be erected, near the property lines on the north and east sides of the property,.a chain link fence not less than 5 feet in height,w ,aora"ed fro he adjacent R district pro- ties by a h"elnlock screening not 1Ass than 6 feet in height so closely or densely planted and maintained as to effectively screen from the sight of the ad. ament R district properties, the applicant's property, said hemlock screening to be between the chain link fence and said R district properties, ? . 5. Any lighting installed shall be constructed so as to !a� cast light toward the applicant's property and shall be restricted to mushroom type lights or perimeter lights directed towards the property r. •;i' not more than 30" in height and shielded from the adjoining R district properties: 6. The property may be used solely for the temporary parking of passenger vehicles (a) of employee's during the hours of their em- ployment, and (b) which are waiting to be serviced or returned after having been serviced. The property may not be used for the storage or parking of commercial vehicles, parking of vehicles for a fee, nor for the servicing, repair or washing of vehicles in any manner. No vehicles shall be permitted to have their engines running while parked. -3- t;. „y 1 !+t r 5,i tt SF,dlPro i?� ,. 7 ' "-ig < !M'1• SX 71 'R` v r W .�4•-'# t ,h a tE 7 ;{m. y i S y '^•F y ],Z k ,fig,# ",--.Cllse shall be permitted to accumula. :E; tae propo.L';.y, no!- may Ej.p.- -r.i.-.:Cuse containers be placed therecn. P4 o 'I ay racks, �3.i j- merchandise or containers thereof may be placed upon the property. MILTON MILLER JULES YARNELL ROBERT McKAY ROBERT W. ADLER , N' -:... +>.+rd'�n'`'i'Ai7�` �y�J 4�7L��,t,� �( � ,�r�, �' �7► l�! ����1�} 1 i �►- a t9 � .ti tw BRS�445z _-- Hyundai ** REGISTERED TO ** MOLINA,SANTOS, F DOB/1957-12-29. SEX/MALE. 4113 HILL AVE 1FLOOR BRONX, NY 10466 LICENSE PLATE: BRS4452 DMV REGISTRATION CLASS: PAS(016) STYLE: EMPIRE LOGO: EMPIRE LEGEND: PASSENGER PLATE ISSUED: 2002-06-07 -} AlL4F-A'--) ON � Tr '� ♦ .mod/ {'}b}bfMc rys4 P rE�i f�— t, • d .: l a s., OAW•ST8 a jy i Land rover RR CTLIC0000 08071 NY0597201 22340 10:44-10:44 09/16/2016 *0092098420 TXT VILLACIS-BERREZUETA VICT DOB/650511 SEX/M 6 WILLOW RUN RD GREENWICH CT LIC/OAWST8 LIY/1707 LIT/PC VIN/SALNY22272A394126 VYR/02 VMA/LAND VMO/FREELAND VST/4W VCO/BLU.