HomeMy WebLinkAbout1948_05_19 Town Board Minutes gad
PUBLIC HEARING AND REGULAR MEETING OF THE TOT N BOARD,
TOWN OF MAMARONECK, HELD PLOY 19, 1948
In the Auditorium of the Weaver Street Fire house , Town of
Mamaroneck, New York.
The meeting was called to order by Supervisor Mandeville Rt
8 :15 P.M. ( Daylight Saving Time ) .
Present : Supervisor Mandeville
Councilmen McKeever, Mills, Watson, Embury
Absent None
The presence was also noted of Town Clerk Gronberg , Town
Attorney-Delius and Accountant Finson.
Before proceeding vith the public hearing , the Supervisor
announced that I4ir . Cecil W. Borton, a member of the Board of Police
Commissioners , accompanied. by Police Chief Yerick, had a matter to
take up with the Board.
Mr . Borton advised that there are not sufficient funds in the
1948 Police Department. Budget to cover the necessary signs to put into
effect, the limitation of speed approved. by the Town Board and State
Traffic Commission. He requested an additional appropriation to pay
for the necessary marring signs .
On motion by Councilman Embu.ry, seconded by Councilman Hills ,
it was , upon roll call, unanimously
RESOLVED, that the Supervisor and- Comptroller be and
they hereby are authorized to transfer the sum of ` 250,
from prior years ' surplus , Outside Villages , to the item
__.._ "Traffic Signs" , Police Department Budget . 'I
At the request of the Supervisor, the Town Clerk read the
affidavit of publication of the Notice of hearing published in the Daily
Timeson Ely o, 1948 .
The Supervisor thereupon declared the hearing open for comments
upon the proposed amendments to the Zoning Ordinance of the Town.
Yr. Barney Epstein stated that he was representing Mr. R. Polcini
who is a propety owner along Old TLite Plains Road and Griffen Avenue .
The consensus of his remarks were that the area should be further extended
to the Easterly boundary of the Town of Mamaroneck bordering on Saxon
Woods Park.
Mr.C .71. Moody spoke in opposition to the proposed rezoning
especially as to the size of plot, side lines and setback restrictions
in vies of the topographical character of the proposed area .
B,4r. Cornelius Van Buren spoke in opposition to the proposed
amendments .
Mr . Ira Berne of the Berne Construction Company, stated that
he is the owner of approximately 80 acres in the rear of Griffen Avenue .
He said he had no objection to the size of the plot but that the other
restrictions should be more elastic .
B:Ir . Robert Seidel, speaking on behalf. of the Larct!mont Ridge
Taxpayers ' Association, said that all the members contacted were 100;
in favor of the proposed rezoning. He filed with the Town Board a list
of the names of the people whose behalf he was speaking.
Mr. Epstein again spoke and made the suggestion that side line
restrictions of i5e be modified so that combined side lines be equal
to a percentage of the frontage with the provision that a minimum on
any one side be set ,
The following persons made comments on the proposed rezoning :
J.V. Sharbaugh Mrs . Jane Cornell
Alfred Millis Burs , John H. Baird
J,B.Morris Alan C . Carnoy
R. Fiske John Merritt
J. Tinheira B. Lancia
The Town Clerk read a letter presented by Bernard Lancia which
was placed on file.
The Supervisor closed the hearing by stating that the Town
Board would take into consideration all the suggestions , comments and
viewpoints which had been expressed.
Mr. Hunter Meighan appeared with Hr. John xgdel, Jr® as his
attorney and stated that he Had a matter to take up with the Board.
Mo. Heighan read the following letter
May 19, 1948
Town Board of the Town
of P;Zamaroneck
-Maiagroneck, New York
Gentlemen;
The Elmcroft Corporation owns property located on the easterly
side of Old White Plains Road in the Town of Mamaroneck, formerly
known as the "Prince Estate" . Annexed is a plot plan showing
a portion of the property, which plan is intended to be filed
by the corporation in the County Clerk ' s office of Westchester
County.
The corporation intends to construct twelve (12) residences,
namely, on lots 1 to 5 inclusive, 13 to 15 inclusive, and 20
to 23 inclusive . In connection with the construction of said
residences the corporation wishes to make the following pro-
position to the Town:
That if the Town of Mamaroneck accepts the dedication
of Doris Road and that portion of Fairway Drive defined
on the annexed map and provides finished grading and
paving on said roadways in accordance with its specifi-
cations , the Elmcroft Corporation will do the following :
1) Provide electricity through the Westchester Lighting
Company.
2) Arrange to make available for the residences to be
-- erected thereon, water facilities by means of water
mains .
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3 ) install septic tanks , subject to approval of the
G!'estchester County Department of Health.
4) Rough grade road beds 591 below finished grade..
5) Immediately commence construction of a. house on lot 14
and a house on lot 22, and then continue construction
at the rate of coinmencing two additional homes every
six weeks to eight weeks, subject to weather conditions ,
etc . The type of home to be built is to be a colonial
tvio story house to sell in the price range of $30,000.
to $40, 000.
It is felt that the corporation, by constructing horses as above
set forth, will benefit the Town by increasing the assessed
valuation of the property in question and thus provide revenue
which urill offset the cost of paving the roadways .
Very truly yours ,
'I
ELMCROFT CORPORATION
by John Kadel, Jr. Treasurer
The Supervisor stated that the members of the Board would take
into consideration the request made and advise Mr. I.1eighan.
The minutes of April 28, 1948, were approved with corrections ;
the minutes of h1ay 5, 1948, were approved as presented.
A letter dated I.1ay 19, 1948, was received from Police Chief
Paul A. Yerick advising that Mr. James Moloney, the custodian of the
Police Department, has resigned from his position effective May 15, 1948.
The letter was ordered placed on file.
A letter dated May 19, 1948, was received from Police Chief Yerick, ',
advising that he has appointed LIr. Charles Seufert as custodian of the
Police Department , effective as of June 1, 1943.
The Supervisor advised that along with his duties as custodian
it is intended to employ L1r . Seufert as a janitor for the Town Offices
on a part time basis .
On motion by Councilman Embury, seconded by Councilman T:QcKeever,
it was , upon roll call, unanimously
RESOLVED, that TQr. Charles Seufert is hereby appointed
as an employee of the Town of 11pmaroneck, effective
June 1, 1948, at an annual salary of $2, 200. , and shall
be compensated as follows :
Police Department - Custodian -$1, 500®
Town Offices -Janitor - 700.
A letter dated h1ay 10, 1948, was received from B,J, Santoro,
Chairman of the Flag Day Committee of the 11amaroneck Lodge No .1457,BPOE,
inviting the members of the Town Board, to the annual Flag Day Services
to be held on June 14, 1943 at seven o 'clock P.M.
The Clerk was requested to acknowledge the invitation with thanks.
The report of -tie Westchester County Dog Protective Association
for the month of April, 1948, was ordered placed on file.
Councilman 17atson presented three petitions received from the
Assessor for the correction of the assessment roll so as to permit the
apportionment of taxes .
On motion by Councilman ilatson, seconded by Councilman Embury,
the following resolution was unanimously adopted ;
1,`IHEME S, the Assessor has presented petitions for the
correction of the assessment roll for certain years
pursuant to the provision of Section 33 of Chapter
105 of the Laws of 1916 as amended, known as the
Westchester County Tax Act ; and
?NHEREAS, after due consideration this Board finds it
desirable to grant said petitions for the correction
of said assessment roll;
N07,1, THEREFORE, BE IT
RESOLVED, that the assessment roll of 1947, taxes of
1948, which shows property now appearing on the roll
as follows :
Section Block Lot Owner Land_Only
2 8 Plot
2 8AA 144 & 144A
(225-846) Larchmont Fenimore Corp. $29,300.
be corrected as follows , in accordance with the pro-
visions of subdivision 5 of Section 33 :
Section Block Lot Owner Land_On17
2 8 Plot
(225-846) Pt. Lot 1 Carnoy Const . Corp. 530.
2 8 Plot
(225-541) Lot 2 Carnoy Const . Corp. 1, 130.
2 8 Plot
(225-833 ) Larchmont Fenimore Corp. 28,040.
FURTHER RESOLVED, that the assessment roll of 1947,
taxes of 1948, which shows property no,,m appearing
on the roll as follows :
Section Block Lot Otaner Land Only
2 8 6o & 61
2 8A AA (203-173 ) Larchmont Fenimore Corp. $10,000.
be corrected as follows, in accordance with the pro-
visions of subdivision 5 of Section 33 ;
S_ection_Blocli Lot _Owner Land Only
2 8 3 (203-345) Carnoy Const ®Corp. $1,440.
2 3 4 ( 203-173 ) Carnoy Const .Corp, 1, 170.
2 8 60 &
61 (203-193 ) Larchmont Fenimore Corp. 7,390.
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PURTFER RESOLVED, that the assessment roles of 1947,
taxes of 1948, which shows property now appearing
on the roll as follows :
Section Block Lot ( �mner Land Only
2 8 62 to 67
2 8AA 165 (209-1) Larch=rlont Fenimore Corp. x17, 000,
be corrected as follows , in accordance with the pro-
visions of subdivision 5 of Section 33m
Section Block Lot Owner Land_On1;I
2 8AA 165
(209-1) Pt . Lot 1 Carnoy Const .Corp. $ 550®
2 8AA 165
(209-24) Pt. Lot 5 Carney Const. Corp. 1, 570.
2 8 62 to 67
(209-40) Larchmont Fenimore Corp. 14, 880.
Councilman Pdatson reported that he had made an inspection of the
Incinerator Plant vain? Mr. Foote and two-thirds of the painting of the
interior had been completed by the men ® He said it makes a big im-
provement in the appearance . He said the operation of the Plant seems
to be improved, uvhich is rater encouraging®
Councilman Embury had no reports to mare for his Departments .
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The Supervisor stated that it was the usual procedure at this time
to appoint the Board of Review . He recommended that the present members,
be re-appointed, Namely, Percy I,.. Bibas , Eugene Riviere and Charles L.
Da-imon.
On motion by Councilman Isills, seconded by Councilman Watson,
it v�ia.s , upon roll call, unanirmousiy
RESOLVED, that in pursuance of Section 7a of the West-
chester County Tax Act, a Board of Revieiiu is hereby
appointed to consist of Messrs . Percy M. Bibas ,
Eugene Riviere and Charles L. Daymon, all being resident
taxpayers of the Town, �,7ho shall serve at the pleasure
of the Tosnan Board;
FURTHER RESOLVED, that the compensation of the afore-
mentioned members is herebv fixed at the sum of x250.
each.
The Supervisor stated that he had at hand a resolution from the
Village of Larchmont approving the sale of property in their In Rem action,
It was his recommendation that this sale be approved.
On motion by Councilman Watson, seconded by Councilman Embury,
the follomaing resolution was , upon roll call, unanimously adopted ;
7HEREAS, the Village of Larchmont, through the institution
of an action begun on February 13 , 1946 in the County Court
of 'Festchester County, and entitled 1BIn the T..Iatter of the
Foreclosure of Tax Liens Pursuant to Article Seven-A, Title
3 of the Tax Lava by the Village of Larchmont ( List of De-
t a '
linquent Taxes for 1946)11 , has become and nw�, is the
owner of a number of parcels of real estate situate
in the Village of Larchmont and Town of Mamaroneck by
virtue of a judgement in said foreclosure action made
and entered in pursuance of said judgement ; and
?"II3TIREAS, both the Village of Larchmont and Town of
I:Zamaroneck held tax liens for unpaid taxes on said
parcels of real property; and
,%'hLLEAS, pursuant to Section 165-a of the Tax Law an
agreement dated I4ay 20 , 1946 was entered into between.
the Village of Larchmont and the Town of IvIamaroneck,
which among other things set forth the interest of
said municipalities in the properties being foreclosed,
the disposition of said tax liens and unpaid taxes and
the manner of the distribution of the proceeds received
from said sales ; and
1,1IHEREAS, the Village Treasurer pursuant to authorization
of the Village Board of the Village of Larchmont on
Idarch 1, 1948, accepted the following offer of the
upset price on said property;
Price Village
Block Parcel Purchaser _Unset_Price Accented Assessment
604 84 Angela M. Del Duca $50. $50. $150.
BE IT RE&ILVED, that &i Svgales price bid for the parcel
of real property listed,7is hereby approved., and
that all consents and approval by the Town Board, of the
Town of Hamaroneck for the sale of the aforesaid parcel
of real property by the Village of Larchmont required
under the provisions of the aforesaid agreement betmaeen
the Village of Larchmont and Town of Mamaroneck dated
-- I:Iay 20, 1946, are hereby granted and allowed..
The Supervisor stated that in accordance with Itr. Foote ' s
recommendation, he wished to appoint Mr. Thomas McEvoy to take the place
of James Allard.
Following discussion, it was on motion by Councilman Embury,
seconded by Councilman McKeever, upon roll call, unanimously
I SOLVED, that Thomas McEvoy is hereby appointed as
a temporary employee of the Town of Mamaroneck, ef-
fective May 10, 1948, at an annual salary of $4, 050.
and shall be compensated as follows :
As Assistant Building & Plumbing
Inspector $2,200.
As Assistant Town Engineer 1, 60o
As Assistant Superintendent of
Highways 250.
The Supervisor stated that he had been in touch with the
County Superintendent of Public 'Norks, who advised that he would give
his approval provided that one four-wheel drive truck was included in
--- the purchase .
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The Supervisor stated that he has a quotation from the Four
Wheel Drive Co , quoting a price of $12, 596. for a six-ton truck completely'
equipped t1ith front and center plow ; also a price of �$5),490, from Brockway,
2alotor Co . for a six-ton, 2-wheel Brockway, fully equipped.
Following discussion, it was on motion by Councilman Embury,
seconded by Councilman Mills, upon roll call:, unanimously
RESOLVED, that the Town Clerk be authorized to publish
the necessary statutory notice, at least five days prior
to the next ,Town Board meeting. j
Regarding the summer schedule, the Supervisor recommended that
the Town Offices be closed on Saturdays, during the months of June , July,
and August .
On motion by Councilman Watson, seconded by Councilman McKeever,
it was, unanimously
RESOLVED, that the Town Offices be closed on Saturdays ,
from May 29 to August 31, 1948, inclusive .
The Town Attorney presented deed of acceptance in connection
with the small island in Elkan Park, which he reported had been inadvert-
tently omitted at the time the Larchmont Veterans Building Corporation
had conveyed the street to the Town. He said the Corpor ation was now
conveying the deed to this island to the Town.
on motion by Councilman Mills , seconded by Councilman Watson,
it was;; upon roll call, uananimously
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RESOLVED, that the island in Elkan Park be accepted_.
by the Toxin and the deed be recorded.
The Town Attorney brought to the attention of the Board
the bills which had been submitted by Mr. George Quimby of 30 Lansdowne
Drive, in connection with the expenses incurred in connecting his house
to the sewer line. The Town Attorney stated that after reviewing the re-
port made by Mr. Foote, it was his opinion that the Town could not pay
Mr. Quimby for these expenses.
On motion by Councilman Watson, seconded by Councilman Embury,
it was , upon roll call, unanimously
RESOLVED, that the claim by Mr. George Quimby, in
the amount of $497.60 for sewer repairs , be and
it hereby is denied.
The Town Attorney reported that he had been contacted by the
Insurance Company concerning a Town of Mamaroneck Highway Sedan driven
by Edward Proch which had col'L ided with a car owned and operated by a
Mr. Donald B' Abbott . He said the Insurance Company is willing to settle
the claim for the sum of $52. The Toe^,m Attorney recommended that he be
authorized to settle this claim.
On motion by Councilman Hills , seconded by Councilman Embury,
it was , upon roll call, unanimously
RESOLVED, that the Town Attorney be and he hereby is
authorized to settle claim against Donald B. Abbott for
damages caused by an accident with a Town of Mamaro-
neck Highway Sedan, for a sum of not less than $52.
Councilman P:4ills presented and read the invitation of the
Town of Mamaroneck Fire Department, to the members of the Board, to
participate in the Annual Memorial Day Services ®
Councilman Mills presented a list of claims from the Fire
Department totalling $1, 257.69. He stated that he had checked the bills
and recommended their approval.
The members of the Board sitting as the Board of Fire Com-
missioners considered the claims , and on motion by Councilman Kills,
seconded by Councilman Embury, it was , upon roll call, unanimously
RESOLVED, that the following described claims be and
they hereby are approved, and the Supervisor and Comp-
troller be and they hereby are authorized to pay same
out of the budget of the Fire Department :
L. Earl Miiler, Inc , 14,31
New York Telephone Company a 19.60
Westchester Lighting Company 34, 20
Burton & Fenton, Inc . 24®96
Foley hardware , Inc . 10.22
Universal Tool A Auto Parts.Co ® 41.47
A & A Automotive Co. 3 .24
Wesco Fire Equipment & Service 7.75
Goldies Cut Rate Store, Inc ® 18.19
G.W. Terrell 24.69
Genungs , Inc . 80.62
Fire Chief Emergency Plan of Test ®Co . 50.00
R.G. Brewer, Inc . 43 . 20
Chatsworth Oil & Heating Co .Inc . 129.4Q
Myrtle Garage,Inc . 1208 $ 521.03
Westchester Joint Tater Works No .1
Hydrant Rental _ 16 .66
Grand Total $1, 2577,
Councilman McKeever stated that he had nothing to report for
Lis Departments .
A copy of the audit made by Glick-Freedman for the Town of
Mamaroneck for the year ended December 31, 1947, was distributed to each
member of the Board®
The following statements were received and ordered placed on
file
Summary of Receipts and Disbursements , January 1 to April 30, 1948
Analysis of Budget Appropriations and Expenditures , January 1 to April
30, 1948 .
Analysis of Estimated Revenues , Janis ry 1 to April 30, 1948
Following a lengthy discussion upon the proposed new zoning
by the members of the Board, the following resolution was on motion by
Councilman Embury, seconded by Councilman Hills , upon roll call, unani-
mously adopted :
RESOLVED that the Zoning Ordinance of the Town of
Hamaronec ., adopted June 21, 1922 and last amended by
resolution adopted June 4, 1947, is hereby amended as
follows :
(1) Article II, Section 2, is hereby amended to read as follows :
SECTION 2. CLASSES OF USE DISTRICTS® for the purpose
of regulating and restricting the location of trades and in-
dustries and the location of building designed for specified
uses, the unincorporated part of the Town of Mamaroneck is
hereby divided into eight classes of districts : first ,
AA-Residence Districts : second, A-Residence Districts , third,
A-2 Residence Districts ; fourth , A-3 Residence Districts ;
fifth, B-Residence Districts ; sixth, B-2 Residence Districts ;
seventh, C-Business Districts ; Eighth, D-Industrial Districts ;
as sholpin pn the amended Use District Kao wl-iich accompanies this
Ordinance and :.!hick is hereby declared to be and is wade a part
thereof . The Use Districts designated on said nap are hereby
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established. The District Ilap designations which accompany
the Use District nap are hereby declared to be a part thereof.
DTo building or premises shall be erected, altered or used for
any purpose other than a purpose permitted in the Use District
in which said building or premises is located, except as herein
provided.
(2 ) Article II-Section 3 , is hereby amended to read as follows :
SECTION 3 . RESIDENCE DISTRICTS. Classes AA,A,A-2,A-3 ,
B and B-2.
In residence Districts designated AA and A on the map mentioned
in this Ordinance, no building or premises shall be used and
no building shall be erected, which is arranged, intended or
designed to be used as a house or dwelling for more than one
family.
In the districts designated A-2 on the nap mentioned in
this Ordinance, no building or premises shall be used and no
building shall be erected which is arranged, intended or de-
signed to be used as a house or dwelling for more than two
families .
In the districts designated A-3 on the map mentioned in this
Ordinance , no building or premises shall be used and no building
shall be erected v!hichl is arranged, intended; or designed to be
used in whole or in part for any purposes except the following :
(a ) Any use permitted in residence AA, A and A-2 districts .
(b) Co,=unity or group d�le' lings , so arranged and designed
as to consist of three to six one-family dwelling sections ,
a .rahr6rd in a group or row, provided that betti�?een each two
adjoining one-family sections , there shall be a fire resisting
wall of brick or concrete , not less than eight inches in thick-
ness , so constructed as to be capable of meeting the National
Board of Fire Underwriters ' standard one-hour fire test and
provided further that there shall be no direct coir:m,7Zication
at any point through such wall between two adjdining one-family
di?,ielling sections , except such as may he necessary for �nrat,er,
setisrer, steam,gas pipes , and electric conduits , and that the
roof be covered with fire-proof shingles or other fire-proof
roofing material.
In the districts designated B on the map mentioned in this
Ordinance, no building or premises shall be erected ujhich is
arranged, intended or designed-_ to be used in vahole or in part
for any purpose except the follovi'Lng .
(a ) Any use permitted in residence AA, A, A-2 and A-3 districts .
(b) FdIultiple dwellings as described in Section 17 of this
Ordinance, or hotels .
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In the districts designated B-2 on the map mentioned in this
ordinance , no building or premises shall be used and no building
shall be erected �7hicb is arranged, intended or designed to be
used in whole or in part for any purpose except the following *
(a ) Any use permitted in residence AA,A, A-2, A-3 and B districts .
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(b ) f.'iultiple dvaellings as described in Section 18 of this
Ordinance ,bbarding houses or hotels .
Nothing contained in this section shall prevent a use for one
or more of the following purposes :
1e D�rre lling , including the office of a physician, surgeon or
dentist, when situated in the same dwelling or used by such person
as his private dwelling e
2® Churches
3 ® Clubs, excepting clubs the chief activity of which is a
service customarily carried on as a busin.ess ,
4. Farming , trucic gardening, nurseries and greenhouses , except
when carried on or conducted for corrnercial purposes ,
j® Railroad passenger stations .
6m Schools libraries or public museums ,
7. Access ory uses customarily incident to the above uses ,
the term "accessory �se6d however, not including a business or
any building or use®_ocated on the same lot with the building
or use to which it is accessory. A garage or stable shall be
permitted as per Section 7 of this Ordinance ®
(3 ) Article III, Section 8 is hereby amended to read as follows ,
SECTION 8® AREA DISTRICTS. For the purpose of regulating and
determining the area of yards , courts and percentage of lot which
may be occupied by buildings hereafter erected or enlarged, the
unincorporated part of the Town of 11amaroneck is hereby divided
into eight area districts, namely, AA, A, A-2, A-3, B, B-2, C and
D as shown on the amended area district map, which together with
the designations shown thereon, is hereby declared to be and is
hereby made a part of this Ordinance and the area districts
designated on said map are hereby established. Except as herein-
after provided, no building shall be erected, nor shall an existing
building be structurally altered, enlarged or rebuilt, except in
conformity with these regulations ® No lot area. shall be so reduced
or diminished in area that the yards , courts or open spaces shall
be smaller, nor the number of families occupying a given area be
greater, than prescribed by these regulations ®
(4) Article III, Section 9 is hereby amended to read as follows :
SECTION 9m AREA DISTRICTS. Classes AA, A, A-2 and A-3 ® In
these area districts the set-back and minimum dimensions of yards
and courts and the maximum percentage of lot occupancy shall be
as follows ,
SET BACK. Class AA. in this area district, no part of any
""u V
building shall be built within 40 feet of any street line except
that on corner lots such buildings may be set back a less distance
from the side street upon the consent of the Board of Appeals .
Classes A, A-2 and A-3. In these area districts , no part of
any building shall be built within 30 feet of any street line,
except that on corner lots such buildings may be set back a less
distance from the side street upon the consent of the Board of
Appeals .
REAR YARDS. Class AA. In this area district, there shall
be a rear yard having a depth of not less than 25 feet.
Classes A and A-2. In these area districts there shall be a
rear yard having a depth of not less than fifteen per cent of
depth of the lot ® This yard need not exceed twenty-five feet in
depth, provided it has a depth of not less than five inches for
each foot of building height ,
Class A-3. In these area districts there shall be a rear yard
having a depth of not less than 25 Percent of tae lot with a
minimum depth of 25 feet entirely unoccupied.
SIDE YARDS . Class AA. In this area district, two side yards
shall be provided, the aggregate dimensions of which shall be
30 feet but the least dimension of each such side yard shall be
10 feet.
Classes A and A-2. In these area districts, two side yards
shall be provided at the curb level of every lot. The least
dimensions of each yard shall be six feet.
Class A-3. In these area districts two side vards shall be
provided, the least dimensionSDf which shall be 15 feet.
PERCENTAJE OF LOT OCCUPANCY. No building with its accessory
buildings shall occupy in excess of forty per cent of the area
of an interior lot nor in excess of fifty per cent of a corner lot .
SUNLIGHT. Every Room in which persons habitually live, sleep,
eat, rest or work shall have a total vijindow area of not less than
twelve (12) per cent of the floor area of such room, and from the
inner edge of the lowest sill of every such window mere shall be
an open unobstructed angle of light of not less than 45 degrees to
the sky, measured from the vertical, measured over the average level
of the opposite lr7all of any court, or over a line representing the
maximum height to which the opposite ::wall of a building on an ad-
joining lot , or across a street may be erected , but towers, spires
an similar projections, which may exceed such height as provided
in Section 19, of the Zoning Ordinance, shall be excluded in com-
puting such angle of sky.
CUBIC CONTENT. In area districts AA, no dwelling or house shall
be constructed with a total cubic content of less than 35,000 cubic
feet, except that where such°dwelling is constructed with no cellar
or excavated area below the underside of the first floor beams ( pro-
vided such construction is in accordance with the provisions of the
Building Code of the Town of Mamaroneck) , total minimum cubic
content may be reduced by 8,000 cubic fee ., or if the cellar or
excavated area is less than the total square foot area of the first
floor of such house or dwelling, the minimum cubic content of such
house or dwelling so constructed, may be reduced by a fraction of
8,000 cubic feet, of which fraction the total square foot area of
such cellar or excavated area is the numerator and the total square
foot area of the first floor, is the denominator.
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In area districts A and A-2, no dwelling or house , shall be
constructed with a total cubic content of less than 19,000 cubic
feet.
In area districts A-3, no dwelling or house shall be constructed
with a total cubic content of less than 14, 500 cubic feet.
SIZE OF PLOT, In area districts AA, no house or dwelling shall
be erected on a plot less than 15,000 square feet in area .
STREET FRONTAGE. In area districts AA, no house or dwelling
shall be erected on a plot having a frontage of less than 100 feet
on any street or avenue dedicated to public use, except that where
such house or dwelling fronts on a street having a curve with a
radius of 150 feet or less, such house or dwelling may be erected
on a lot or plot having a frontage of not less than 50 feet on
any street or avenue dedicated to public use, provided that the
width of such lot or plot between side lines at the point where
such house or dwelling is set back from the street, is not less
than 100 feet.
( 5) Article II, Section 14A is hereby amended to read as follows :
SECTION 14A. In an area district, other than area district AA,
a residence structure permitted in a more restricted district may
be erected, provided that if it is a one-family dwelling, it shall
conform with the requirements of area district A and provided that
if it is a two-family dwelling, it shall conform with the require-
ments of area districts A-2, and provided thaVit is a group or
community dwelling, it shall conform with the requirements of area
district A-3.
(6 ) Article IV, Section 15 is hereby amended to read as follows :
SECTION 15. HEIGHT DISTRICT REGULATIONS. For the purpose of
regulating and limiting the height of buildings, the unincorporated
Dart of the Town of Iv4amaroneck is hereby divided into heights dis-
tricts of which there shall be eight, known as follows :
AA, A and A-2 ( The forty foot height districts )
B ( The graduated height districts )
B-2, C and D, ( The seventy foot height districts)
The unincorporated part of the Town of Mamaroneck is hereby
divided into eight districts aforesaid, and the boundaries of
such districts are shown upon the amended zoning map attached hereto
and made a part of this Ordinance, and except as specifically pro-
vided, no building shall be altered, constructed or raised, so as
to exceed the height hereby established for the district wherein
such building is located and said map and all the notations, re-
ferences and other items shown therein, shall be as such, a part
of this Ordinance as though the matters and items set forth by
said map were fully described herein. The height of such
buildings is the vertical distance from the level of the curb
opposite the middle of the front of the building to the top of
the enclosure wall or to the highest point of the roof, provided
in case of a building located on a terrace, the height of the curb
level may be increased by the amount equal to the height of the
terrace above the same curb level, but not to exceed five feet
and provided further that where the level of the land, according
to the Town survey, is above the level of the curb, the vertical
height of such building shall be measured from the first floor
door sill. Where no curb exists , the height of a building shall
be measured by the center of the roadbed, the grade of which shall
be established or approved by the Town Board.
The forty foot height districts as outlined on said map shall
be known as height districts AA, A and A-2.
2)6 `
The twenty-five foot height districts as outlined on said map
shall be known as height districts A-3 .
The graduated height districts as outlined on said map shall �
be known as height districts B. .
The seventy foot height districts as outlined on said map shall
be known as height districts B-2, C and D.
( ]) Article IV, Section 16 is hereby amended to read as follows :
SECTION 16, FORTY FOOT HEIGHT DISTRICTS. AA, A and A-2.
In the forty foot height districts no building shall be erected
or altered to exceed forty feet or three stories and basement in
height except as hereinafter provided.
Article IV, Section 19 is hereby amended to read as follows :
I
SECTION 19. HEIGHT DISTRICT EXCEPTIONS, The foregoing re-
quirements in the height districts shall be subject to the
following exceptions and regulations :
A
First : In height districts AA,/A-2 apd A-3 such public
buildings as are permitted in AA, A, A-2 and A-3 use districts ,
churches - or schools may be erected to a height not exceeding fifty-
five feet, provided such structure shall have set-back, side yards
and rear yards , complying with the area regulations of this Ordinance .
Second : In height districts AA, A, A-2 and A-3, churches ,
cathedrals, temples and other places of public worship may be
erected as to height, in accordance with this Ordinance, provided,
however, that any such structure shall set back from the street
line not less than 50 feet, and shall have a yard on each side of
not less than 20 feet im°width and shall comply in all other respects
-- with the area restrictions of the Ordinance .
Third: Nothing_, in these regulations shall prevent the projection
of a. cornice beyond the street wall to an extent of not more than
four feet. Nothing in these regulations shall prevent the erection
above the height limit of the parapet wall or a cornice extending
above such limit not more than five feet.
(8) Article IV, Section 20A is hereby amended to read as follows :
SECTION 20A. In a height district, except height district AA,
a residence structure permitted in a more restricted district May
be erected, provided that if it is a one-xkaxy family dwelling , it shall
conform vaith the requirements of height district A, and provided
that if it is a tvio-family dwelling , it shall conform with the
requirements of k_eight district A-2, and provided that if it is
group or comaunity dwelling , it shall conform with the requirements
of height district A-3 .
AND IT IS FURTHER
RESOLVED that the amended area district map which is part of
this Ordinance, shall be amended and corrected so as to show
the following described property in use, area and height dis-
- trios AA ( residence) :
.a isn s
i
BEGINITING at a point in the easter'_ly line of 1'deaver Street
where the same is intersected by the boundary line between the
Town of 1,1amaroneck and the Town of Scarsdale ; thence north-
easterly along said boundary line to the westerly line of Old
G?bite Plains Road ; thence southerly along said westerly line o£
Old White Plains Road to a point where the same is intersected
by the northerly line of Parcel "D" as shown on map entitled,
"Map of property belonging to 1:4amaroneck Heights Co ® , Inc . ,
in tree Tovvnsof Mamaroneck and Harrison, ddestchester Co. , N.Y. " ,
made by John P.. Farley, Civil Engineer, June , 1922 and filed in
the County Clerk ' s Office January 30, 1923 , as Map No. 2480;
thence in a general southwesterly direction along the northerly
line of said Parcel "D" on the above mentioned map to the easterly
line of Parcel "X" on above mentioned map; thence southeasterly
along the easterly line of said Parcel"X" , 582 feet more or less
to the southerly line of said Parcel "X1° ; thence southwesterly
along the southerly line of said Parcel 11.11 , 150 feet to the
easterly line of Grand Park Avenue , as shown on said map, ( now
called Fenimore Road) ; thence in a southwesterly direction at
right angles to the easterly and westerly lines of Fenimore
Road, 80 feet to the westerly line of Fenimore Road; thence
southeasterly, along the westerly line of Fenimore Road, 475
feet more or less to the southerly line of said Parcel "B" on
map of"Mamaroneck Heights" ( County Clerk' s 11ap No .2430) ; thence
southG^westerly along said southerly line of said Parcel "B" to
the easterly line of Rockland Avenue ; thence northvaesterly and
westerly along the easterly line of Rockland Avenue to the easterly
line of ':7eaver Street ; thence northerly along the easterly line
of ',-leaver Street to the point or place of beginning.
At 11:45 P.11. the Board unanimously resolved to adjourn
to meet on June 2, 1948.
TowxvC�erk