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HomeMy WebLinkAbout258 MIVUTF.S OF kGLTING OF Ta& ZONING BOAaD OF APPEALS OF A& TO WV OF RYE, ULD AT THE T04N ROOMS, 125 RUTH 1,la iN ST .k i,I, Foal' C HE STER 9 WEW YOitK, SEP Tl:kBEa 24 th, 1940. A meeting of the Zoning; Board of Appeals of the 'Town of hye was called to order by Chairman Quigel at 6:30 P.M. , Tueslay, September A4th 1940. (EDT) Present:- Harvey Quigel j Irving E. Ferris,Jr. Kambers of Charles C. Smith The Board Harold J. dilliams ) John L. Coward Town Attorney James R. Feiisen 3uildirg Inspector It was announced that this meeting of the Board was being held due to adjournments of the advertised hearing_ scheduled on July 30th, 1940, These adjournments being made to August 1.3th 1940 and to September loth 1940 due to lack of a quorum of the Board on both of these dates. The purpose of tonights meeting was to consider the application of Benjamin Ai 4alsh for a variance of the Frovi lions of Section 14, Subdivision 2 reeuiring a minimuwu side yard of 8 feet for a single family residence in a 'hesiderce !" district and to permit the erection of a single family house with a minimum side yard on the south side of not less than 6 feet on the lots situated on the southeasterly corner of Argyle and Windsor toads and designated as Section 1, 3lock 6J , Lots 1 and 138 on the Assessment Leap of the Town of hye . The Hoard was also to hold tonight a jublic nearing to consider the application of balbino hartinez, for a variance of the provisions of Section 16, Subdivision 2, reouiring a minimum rear yard of 00 feet for a single residence in a "Residence A" district and permit the erection of a single family house with an irregular rear yard of approximately 24 feet on the north side and approximately 49 foot on the east side on premises situated on the south west corner of Ridge 3oulevard and Valley Terrace hoad and designated on the Assessment map of the Town. of Rye as Section 1, 31ock 6c and D, Lots 1 and 2. Affidavits of publication of notices pretaining to each of the above cases were presented from the Port Chester "Daily Item". Theses were ordered received and placed on file. .building Inspector James A. Eeilser_ advised the 3oard that Lx dalbino 3dartinez, had filed with him an application for the erection ofa single family residence on the property above descrioed. A plot plan a000myanied this application. hr Neilsen firther advised the Hoard that he had rejected this application due to the same beings violation of Sction 13, Subdivision 2 in that the rear yard renuire- ments were not complied with. kr. 3albino Lartinez and his daughter apreared oefore tho Board Page 2 on his own_ behalf, his request was 1 resented to the j3oard. There was no one axpearinp before the 3oard either for or agairst this application other tiiar_ Lr . 13albino 1artir_ez and his daup°hter. Tne application of Lr. benjamin J. dalsh was then taken up from the adjouenei meetin- of July 30tn 1940. Lr. ti'alsh aFTeared before the Board reauestin€, a variance of the"Zoningg Ordinance" of the Town of hye as outlined in detail above, namely to Termit of the erection of ai single family dwelling with a minimum side yard of 6 feet on the south. An application for a building permit was made on November 27th 1990. Permit ,f219 was issued by bar. Veileen on December 2nd 193,.E with the 6 foot south side yard. This ouildinp- permit was revoked on June 25th 1940 by the .6uilding Inspector for tge reason "that the foundation now erected on the premises violates the Zoning Ordinance of the Town of hye in that side yard on soutn side is only 5 feet instead of 6 feet as required by Section. 1.4 of toning Ordinance". Or. June 17tn 1940 the Building inspector wrote 1,x. Walsh that, "to all concerned", he had complied with Zoning Ordinance 3uildirg Code Ter the January irspectior, Lr. Neilsen advised this was for the bank. This foundation was erected durirg January or February of 1940. A plot plan accompanied the original application for a permit. The Board was advised that the ,dA commitment was dated Feb- ruary 12th 1940. On June 19th 1940 the 3uilding Inspector wrote i,ir. 't�alsh that "letter dated June 18th 1940 reads that on this foundation he has complied with the Zoning Ordinance and Building Code: This is an error and should read "that foundation has not complied with Zonin;r Ordinance, but with the -3uildira Code . " Urier date of June 25th 1940 the :3uildinr Permit was revoked due to violation of side yard requirements. On the same date check from the Town of i.ye (3792) in the amount of �6.00 was returned to ;,r. ,alsh with the notice of the permit being* revo'�ced. lair, hockey apleared oefore the i3oard on opposition to Lr. �4alsh' s request, due to side yard beinpr less than 8 feet ( the south lot line of 1.r. 'vialsh' s) . Kr. hockey' s house is immediately next to lair. dalsh' s property, or the south. Ix . hockey feels this violation depreciates the value of his property and that if it complied with the Ordinanoe he would have no objections, i-r. nookey further advised that he moved into his house on Fovamber 2nd 1939, and that the footings for the foundation of i. r. olalsh' a house were poured on l ovember 7th 1939. fir 4raleh was urabl© to state from memory if the footings were poured on rovemoer 7th 1939. The walls were however, in his page 3 opinion, built during January and Feoruary. Lr. "alsh advised that his proposed house lined up with oplosite house on Argyle road and with Or. Rockey' s house on 4indsor Road. hr. Walsh also stated that the aprroxivate cost of relocation of the foundation ;could oe about IWO. fir. 3achriesen attended the hearing but did not sxeak either in supyort of or against 1r. "alsn' s appeal. There being no further material or opinions to be presented the Hoard retired into executive session to consider the two appeals. After discussion, on motion of kr. Smith and seconded by Mr, Ferris, it was RESOLVED, that in connection with the appeal and application of Benjamin J. Walsh, permission is hereby granted to the said 3enjamin J. "alsh, as Owner of the parcel of land situated on the southeast corner of Argyle and Windsor Roads in the Town of lye, New York, to construct a single family residence on the said parcel described as Section 1, Block 6J, Lots 1 and 138 on the Assessment kap of the Town of Aye, with a southerly side yard of not less than 3 feet in lieu of the 8 foot side yard renuired by Section 14, Subdivision 2 of the Zoning Ordinance, and that the Building inepector of the Town of Rye be authorized to issue the Building Permit accordingly, providing that all other reouirements are complied with. holl Call : Lr. Smith -Yes Lr, Ferris -Yes Ax . Quigel -Yes hr. Oilliaws -Yes After discussion, on motion of Lr. Ferris and seconded by Lr. Smith, it was RESOLVED; that in connection with the appeal and application of Balbino Lartinez, permission is hereby granted to the said Balbino Martinez, as Owner of the parcel of lard situated at the southwest corner of hidpe joulevard and Valley Terrace road, in the gown of Rye, and designated on the Assessment lap of the gown of "ye as Section 1, dloek 6 Ward D, Lots 1 and 2, to construct a single family residence in accordance with the plot plan filed with the hoard, allow/&ng variance of the rear yard renuirements of Section 13, Sub- division 2 of the Zoning Ordinance renuiring a minimmm reap ,yard of 30 feet, to allow an irregular rear yard of aprroxr- imately 24 feet on the north side and aplroximatel;y 49 feet on the east side . Roll Call: Ur. Smith -Yes Ur. Quigel ryes Ur. Ferris --Yes Ur. Williams *Yes Fa e 4 A communication was read from the Office of Torn Clerk, dated Jura 21, 1940, regarding the request of Prince & Ripley in connection with rezoninp; of Lincoln Avenue areas. A communication was read from the Town of darrison repardinv a joint meetinp, of the Harrison and rye zoning boards re�--ardinr poss- ible co-oreratior in zoning. Or motion made and ecsonded these communications were to be forwarded to the iye Town Board with the exylanation that these matters were, in our opinion, beyond the scope of this :hoard and that we crere without power to act . The hoard however expressed the opinion that such zoning was worthy of consideration. There being~ on: further business the i3oard adjourned, after instructing the Secretary to file the two resolutions with the Town Clerk, at 10 :40 F.11. ( 'JT) . EXTRACT OF MINUTES OF A ING OF `rHh ZONIEG BOARD OF API$ALS 07 THE TO WV OF RY16 WO AT 1H; TJI ROOMS, 125 WORTH MAZE aT:.: :,T, PURR C"SUH, UV Unit 01 30TZMUR 24th 1940. x. OLVD, trrn t it connection with the apreal and application of Be a jaxin J . aulaa, permission is hereby granted to the said Benjumin h. Pals; , as Wner of the parcel of land situated on the southeast corner of Arf7le and 4irdsor Roads in the Town of iye, Bew York. to const- ruct a sirFle family reei.dence on the said parcel describ- ed as Section 1, Block 6J , .Lots 1 and 138 on the as essmont isp of the `sown od bye, with a southerly sida yard of not less than 5 feet in lieu of the 8 foot side yard reauirea by Section 14, ?Ubdivision 2 of tine Zoning irdinanca, an:i that the Suilling Iner.ector of Lai Town of -w-ye oe authorized to Issue the BuilUrg Lerwit aucordingly, rroviding that all other requirement are complied with. Roll Gall: Mr, Smith -Yee Pr. Ferris 70 ; -- Ur. Quige l Ae s Er. Wi lliame -Yes is the undersigned, do hereby certify that the foregoing resolution is a true copy of than original resolution adopted by the Zonin, Board of Appeals of the gown of "ye. at a meeting held at the 2owu Rooms, 126 north Lain Street, Port Chester, Yew York, on certember 24th 1940. #�5 of kyreals Town of Eye. Y.Y. Date of heating - September 24thl940. September 29th, 1940. RITH CT J? TINUTE S OF r MI"TING uF fry :JN ING 13oIn.0 OIryL APy'P�.n�LS OF�t UL 1'OWV OY y&Y�y, �if4lD AT yTH7Z�1i��`Ohl alla tS,, 125L, V RT4 YAI - Rr„•1, r, aT .�a.iti%.1.A, WE" 1ORt1,Qn �~ L�ih 04th 19400 RLIOLVED, that in caornectiun with the appeal And applivatior of Balbino hartinez, rermiseior is hereby granted to the said Salbiuo i+iur tine z, as Owner of the parcel of land situated at the southtgeet corner of hidge Boulevard and Valley TerrLce Road, in the TouRn of lye, and aesignhted on the Asses ne3nt liar of the Town of Rye as Section 1, Block i C and ➢, Lots 1 and 20 to construct a single family residence in accordarceti with the plot plan filed with the Board, allowing a variance of the rear yard requirements of Section 13, Subdivision 2 of the Zoning Ordinance re quirinK a minimum rear yard. of 30 feet, to allow an irregular rear yard of aprroaim►atelly 24 feet on toe north side and approximately 49 teat on the e4st aide. aoll, Call: Mr. Smith -Yes 1r.juigei -Yes Ir. Ferris -Yes Mr. Williams -Yes I, the undersigned, do hereby certify that the foregoing resolution is a true copy of the original resolution adopted by the Zoning Hoard of Appeals of they Town. of Lye, at a meeting; held at the Toiarr_ looms, 12b Lorth vair street, lort Cnes4er, Few York, on September 24th 1340. Secretary Board of Appeals Town of Eye, 5.Y. Date of :.ee9ting - September 24th, 1940 September 29th 1940, * OFFICES OF TQWN ATTORNEY TOWN OF RYE 0 4a• 101 WESTCHESTER AVENUE yISTER PORT CHESTER. N. Y. JOHN L. COWARD TOWN ATTORNEY September 17, 1040 Mr. Harold J. Williams Division Street Port Chester, New York Dear Sir: The adjourned meeting of the Zoning Board of Appeals to consider the application of Benjamin Walsh for a variance of the side yard restriction will be held Tuesday, September 24th, at the Town Rooms, 125 North I.iain Street, Port Chester, New York, at 8 o' clock P. M. At that time the Board will also consider the application of Balbino Martinez for a variance of the rear yard restriction on property situated in Tamarack Gardens. Kindly make a special effort to be present at this meeting and in the event that you cannot attend please notify h".r. Quigel. Very truly yours, JLC :ES * * OFFICES OF TOWN ATTORNEY e TOWN OF RYE SfC V� 101 WESTCHESTER AVENUE yFSTE% PORT CHESTER. N. Y. JOHN L. COWARD August 14, 1940 TOWN ATTORNEY ie r. Harold, J. Williams Division Street Port Chester, New York Re : Application of Benjamin A. Walsh for variance of the zoning ordinance. Dear Sir: Due to lack of a quorum it was necessary to adjourn the adjourned meeting in the above matter scheduled for Tuesday, August 13th, to Tuesday evening, September loth, at the same time and place. Kindly make an effort to be present at that time and if you cannot attend notify the undersigned of your inability to be present. Very truly yours HA RVEY QU GEL, Cha rman ' . Ir Zoning Board of Appeals OFFICES OF TOWN ATTORNEY * TOWN OF RYE 101 WESTCHESTCR AVENUE 1f PORT CHESTKR, K Y. yFSrER 4 July 31, 1940 JOHN L. COWARD TOWN ATTORNEY Mr. Harold J. Williams Division Street Port Chester, New York Re : Application of Benjamin A. Walph for variance of the zoning ordinance. Dear Sir: . Due to lack of a quorum it was necessary to adjourn the meeting scheduled for July 30th to August 13th at the same time and place. If you cannot be present at the adjourned meeting kindly advise the undersigned. Very truly yours, HARVEY QUIGEL Chairman of the Zoning Board of Appeals . `AIL * OFFICES OF TOWN ATTORNEY TOWN OF RYE 101 WESTCHESTER AVENUE - PORT CHESTER. N_ Y. TER J0HN L. CaWAR❑ July 23, 19L_0 TOWN ATTORNEY Mr. Harold J. Willi arcs Division Street Port Chester, Nev, York Dear Sir : This is to notify you that there will be a meeting of the Zoning Board of Ap eals of the Town of Rye on the 30th de- of July, 19 0 at 8400 o ' clock in the evening, daylight saving time, at the Town Rooms, 125 North Main Street, Port Chester, New York to consider the application of Benjamin A. Walsh for a variance of the Provisions of Section 14 Subdivision 2 requiring a minimum side yard of 6 feet for a single residence in a "Residence A" district and permit the erection cf a single family house with a minimum side yard on the south side of not less then 6 feet on the lets situated on the southeasterly corner of Argyle and Windsor Roads and designated as Section 1, Block 6J, Lots 1 and 138 on the Assessment Map of the Town of Rye. Very truly yours HARVEY QUIGEL, Chairman of the Zoning Board of Appeals JM AFFIDAVIT OF PUBLICATION Mate of New York 5S Cattnty of Westchester THE DAILY ITEM I'l-SlAr NOTICE T_aKE NOTICE, that the Zoning �fi 17C$ 3ttc,) Board of Appeals of the Town of P.c•e trill hold a public ineetiing on the ;nth day of July, 1940, at 8:00 Wclo•k in the evening, daylight sa�-- ing time, at the Town Roonts, 12a North Main Street, Port Chester, New fork. to consider the applira- Betty I. Braun being duly Swam tion of BENJAMIN VALSH fora ............................................................. , -variance,of the Provision of Section 14. Suhdiclainn ". recittiriu�s .i- deposes and says that g he is the principal cleric of the Publisher of "The t»uen tde yard of EI>;iit tSf rest for sieBf� residence tn' a ^Resident lr tri,t air.f nor»,;t the erection Daily Item," a daily newspaper published in the Tillage of Port Chester, of a single family house with a mletmrnnntt lees3 thanoSl*,T ( is feet Town of Rye, County of Westchester and State of New York, and the �n lo's situated on the southeast corner of Argyle and Windsor notice of which the annexed is a printed copy was published in said news- Rnads and designated on the Assessment Map of the Town of RYe as Section 1. Block Q. Lots 1 paper on the following dates of publication: and 138. and to transact such other and further as may prop- erly July 24 1940 come beforeore the he meeting. } Dated: Port Chester, Now Foric, ............................... ........................,.........,........,....,.......,.,,.................. July 23, 1940, 14ARVFY QUT(IrL -Chairman of the Zoning Board Of Appeals. ........................................../. ............................................................................ . Signed- ! .. . . _...... .... . Sworn to before me this... . . .....day of.4pptembe.r....... .............., ig....40 /400�, 49Z:,.......... .. .. ............................... Notary Public, Westc County AFFIDAVIT OF PUBLICATION Otate of New York County of Westchester � SS NOTICE;1_* THE DAILY ITEM PUM T TAKE NOTiIE, that the Zoning 0 Boa f Appeals (if the own of Rye old a public meeting on the f July, 1940. at 9.00 *f Appeal s o'cloc Anylight sav- ing time. At the Td' -in Room . 125 North Main 6trPet. Port Chester, ,New Tork, lo consider the apphea- Betty 1, Bra= dion of BENJAMIN WALSH for a . ...... .................... ....................... .......................................... being duly sworn, variance of the Provision of Serti n" .14 Subdivision 2 requiring a mini- deposes and says that she is the principal clerk of the Publisher of "The `m�rn side yard of Eight (8) feet for g single residence in R "Resideiit 'A" district and permit the erection Daily Item," a dafly newspaper published in the Village of Port Chester, of a single family [louse with a minimum side yard oil the south Town of Rye, County of Westchester and State of New York, and the wide 0 f riot 1e5- than Rix (9) fee, on lots situated on the southea<A eorner of Argyle and Windsor notice of which the annexed is a printed copy was published in said news- Roads and designated On the Assessment Map of the Town of Rye as Section 1. Block 6J, Lots I paper on the following dates of publication: and ISS. And to transact such other and further business as may Prop- erly come before the meeting. july 2 -D 4, 1940 Dated: Port Chester, New York, ...............................— ........................................ ................... ........I......... duly 213, 1�40, HAFZ'k'9Y QUTGEI, Chairman of the Zoning Board ofAppeals. ................. ...... ........I............................ .................. ........... Signed_.46. _. . f Sworn to before me ikis....27th. .day of.. atlaar............... .. 19. ....... ........ Notary Puhlie, OF AyF OFFICE OF TOWN CLERK * TOWN OF RYE .�' PORT CHESTER, N.Y. J 4 Z �yFST Q 4 FRANK M. LOEWENSTINE, . TOWN CLERK ANNIE W. FENKER June 21 1940 OF-PUTY Mr Harold Williams , Secretary , Zoning Board of An-neaps, Division Street , Port Chester j%Y. Dear Sir: The a+tacked letter was rresented to the Town Board at their regular meeting^ held last night , and was referred to the Zoning Board of Anneals . '+Vill you kindly advise what a.cti.on is taken. Yours very Town Cler .