HomeMy WebLinkAbout1942_02_04 Town Board Minutes REGULAR MEETING OF THE TOWN BOARD
TOWN OF MAMARONECK, NEW YORK
HELD FEBRUARY 4, 1942
At the Town Offices, 158 West Boston Post Road, Mamaroneck, N. Y.
The meeting was called to order by Supervisor McCulloch at
8 P. M.
Present: Supervisor McCulloch
Councilman Bates, Brewer, Griffin, Mandeville
Absent: None
The presence was also noted of Town Clerk Payne, Tovm Attorney
Delius, Town Engineer and Superintendent of Highways Foote .
The minutes of the meeting of January 22, 1912, were approved
as presented.
The Supervisor asked the Town Clerk to read the coramunica-
tions .
The Town Clerk presented the notice of the Annual Meeting
of the Association of Towns to be held February 18, February 19 and
February 20, 1942, and called to the attention of the Board that the
next regular meeting date of the Town Board would. be February 18 .
Following some discussion it was decided that the next meet-
ing of the Board would be held on February 13, 1942 so as to permit
officers of the Town to attend the annual meeting .
A letter dated February 3, 1942, was received from the
Village of Mamarcneck, signed by its attorney, Anthony Sansone, express-
ing the view of the Village Board that it would facilitate matters if
each of the interested boards appoint a committee to consider the ques-
tion of the disposal of properties acquired by the municipalities through
foreclosure and voluntary conveyances .
The Supervisor stated that while the parcels in question at
present were owned by the Village, he thought that they should submit
their proposals to the full Town Board.
Councilman Brewer stated that he thought that it was up to
them to make the best deal that they could and. then present it to the
Tovm Board.
It was on motion by Councilman Brewer, seconded by Councilman
Bates, unanimously
RESOLVED, that it is the opinion of the members of
the Town Board that for the sale of :property olimed
by the Village of Mamaroneck it would facilitate
matters if the Village Board would negotiate for
the most advantageous terms and then present same
in detail to the 'Town Board for its consideration;
and be it
FURTHER RESOLVED, that the above arrangement is
recormaended in the apirit of full co-operation.
The following letter was read:
January 26th, 1942
Hon, B. C . McCulloch, Supervisor
Town of Mamaroneck
Mamaroneck, New York
Re: 1 Depot Place
Dear Supervisor:
Then I appeared before the Town Board in connection
with the above property, the suggestion was made that
the proposed purchaser should pay $3,000. down and $3,000.
a year for four years .
Mr. Johnson has taken the matter up with the purchaser,
and they have made the folioraing proposition: To pay $3,000.
down on the signing of the agreement; $3,000. a year for
the next three years; and $250 .00 per month for the last
year. The purchaser expressed the view that if he paid
$3,000 . down and $3,000. a year as suggested by your Board,
--- that at the beginning of the fifth year he would be the
ov;ner of the property, and. be called upon to pay the taxes
for the last Year . This he says will increase the purchase
price to him in the amount of taxes which we have figured
roughly at $1, 600.00.
It is of the utmost importance that immediate action
be taken on this matter for two reasons: First - the
purchaser is anxious to know here he stands, so that he
can flake his arrangements . Second — We are holding a check
of a prospective tenant pending definite action on this
offer.
Respectfully yours
(Signed) Anthony Sansone
AS:WMS Corporation Counsel
Assessor Smith presented a list of the tax arrears on the
property and some of the members of the Board expressed their desire
to examine the building before giving final approval to the sale .
The matter rias laid over until the next meeting with the
suggestion that the Village furnish the Town with a copy of the pro-
posed contract.
The Clerk read a letter addressed to Janes M. Smith, from
the Village Attorney, regarding a compromise of certain arrears of
tales covering premises known as Section 8, Block 51-a Lots 42 to 50
inclusive .
The letter states that this property now owned by the Village,
having been acquired in lieu of unpaid taxes, can be sold and put back
on the assessment roll, providing all taxes can be compromised at 11, 500.
The purchaser will pay cash and will accept a deed without any contract .
However, the letter further states that a certain strip of land, 50 feet
in width at the easterly end., is to be reserved by the Village.
Upon motion made by Councilman Mandeville, seconded by
Councilman Griffin, the Clerk was directed to reply to the Village
Attorneys communication, stating the Board was in agreement with the
proposition and the matter was referred to the Assessor and Comptroller
to work out the details concerning the compromise of taxes, apportion-
ment of lots, etc .
A letter was received from Jerome A. Barry, Cormnanding
Officer, Air Raid Warning Service Post atop the Municipal Building of
the Village of Mamarcneck, in which he asked that the Town assume a
portion of the cost of $25 .00 per week for an adjutant for full time.
He pointed out that volunteers were giving freely of their time and
have also shared the necessary expenses incident to their work. The
plan proposed was that each of the following receiving benefit should
pay $5 .00 per week: Town of Harrison, Town of Mamaroneck. Village of
Mamaroneck and Village of Larchmont, and City of Rye.
Following some discussion the letter was referred to Council-
man Breafer with the suggestion that same be presented to the Defense
Council of the Town to be considered along with other items for the
proposed defense budget.
M
The Supervisor stated that he had received a letter from
Supervisor Taylor of the Town of Harrison in which a charge was given
for this Town's share of the cost of employing a secretary for the
Tire Rationing Board of this district.
This letter was also referred to Councilman Brewer for the
attention of the Defense Council.
Councilman Brevier recommended that the Town Attorney be
requested to look into the law and give an opinion as to ways and means
of providing funds for defense items not included in the 1942 budget.
A letter dated January 12, 1942, was received from the Board
of Police Com-missioners of the Town of Mamaroneck Chairman, which
read in part as follows :
"Recently the Howell Park Association requested
the Police Cormnission to lower the speed limit on Palmer
Avenue to about 20 miles an hour in order to reduce
traffic hazards to residents of that section emerging .
from the side streets . The amount of the reduction re-
quested appeared to the Commission too low, but it does
favor a speed limit of 30 miles an hour on that street.
"The Commission has also been considering the
traffic situation on Weaver Street and feels that instead
of a 15 miles an hour limit on part of Weaver Street and
the regular State limit on the remainder, the limit for
the entire street should be 30 miles . "
Following some discussion it was on motion by Councilman
Mandeville, seconded by Councilman Griffin, unanimously
RESOLVED: The Town Board of the Town of Plamaroneck
hereby requests the Count," Superintendent of Highways
of the County of Vestchester, and the State Traffic
Com:aission, pursuant to Section 95 C of the Vehicle
and Traffic Law, to restrict the speed at which
vehicles ::lay proceed, from 40 miles per hour to 30
miles per hour on Palmer Avenue, from the Town line
adjoining the Village of Larchmont to the Town line
adjoining the Village of Mamaroneck; and on Weaver
Street, from the Post Road to the Town line adjoining
the City of Neer Rochelle; both of said highways being
Streets in the Town of Mamaroneck, County of Westchester.
The Town Clerk was directed to send certified copies of the
resolution to the parties interested.
A letter dated January 7, 1942 received from the State
Department of rudit and Control notifying the Town that as a parti-
cipant in the New York State Employees ' Retirement System its contri-
bution to the State would, be $7,80 4.12, payable within thirty days,
was referred. to Town Attorney Delius to report back at the next meeting.
A letter dated February 2, 1942, was received from W B. Folger,
Personnel Officer of the County of Westchester, in which he notified
the 'Town Board of a meeting to be held Wednesday, February 11, 1942, in
the County Office Building for the purpose of discussing the Fite Law
(Chapter 885, Laws of 1941) providing for the extension of civil service
to local units of government throughout the State .
The Tovn Clerk was directed to send copies of the letter to
the members of the Board.
Fire Chief William C. Lindale appeared before the Board to
request that the restriction of the use of the auxiliary fire alarm
siren at the intersection of North Chatsworth Avenue and Hurray Avenue
be lifted. He said that when the siren was installed in 1937, the use
was limited to the hours a A. M. to 7 P. M. daily and that now there is
need for the alarm twenty-four hours a. day, also that aside from the
683
use for civilian defense it was quite necessary because only a small
handful of men were responding to calls, first, because twenty members
of the Department are serving the country, second, because members
living near Chatsworth Avenue can not hear the fire house alarm. He
added that ten more men were about to leave for the service and that the
Department would be very much in need of more manpo-wer.
Councilman Griffin introduced the following resolution,
seCCnded by Councilman Mandeville, which was unanimously adopted:
WHEREAS, during the present war emergence; there is
greater need for the fire alarm system of the Town of
Mamaroneck; and
WHEREAS, the Fire Council has recommended that full
measures be taken;
NOW, BE IT
RESOLVED, that the Town Board resolution dated
June 16, 1937, authorizing the installation and use of
the auxiliary fire alarm siren at tree intersection of
North Chatsworth Avenue and Hurray Avenue be and it
hereby is amended to extend the hours of use to
twenty-four (2L) hours per day rather than the limited
use between the hours of 8 A. M. and 7 P. M. during
peace times'.
Councilman Mandeville recommended that the Fire Department
give notice of the change to the residents of the neighborhood so that
they would not become frightened if the alarm sounds during the night.
The following gentlemen appeared at the meeting: Martin King,
attorney, Thomas Hunter, k. Stirling Smith, Orson A. Raynor, Frederick
G. Smith, Clarence deWitt Rogers, Jr.
The Supervisor stated that it would be in order to discuss
the proposed amendments to the Zoning Ordinance, including the map
accompanying same. He said that two hearings had been held and that
at the last hearing the comments centered on the property of one large
ov!ner in the upper part of the Town. He asked Mr. King, attorney for
The Johnethel Realty Corporation, if' he still objected to the designa-
tion of Class A Residential for the area mentioned.
Mr. King replied that he had contacted Mr. John J. Murdock,
an officer of the corporation, and that Mr. Murdock stated that he
feels the same about the zoning as he did right along and that he wants
it to remain in what is known as Class F.
Mr. King stated that these are trying times and that so
much is uncertain that he did not think, that it was a time to change
zoning. He pointed out a recent decision of the Court of Appeals
and stated that the legislative authority should remain with the
Town Board so as to permit the right to make exceptions . He said that
the distinction of the Zoning Board of Appeals was not so Lmportant but
that the Town Board should not release its power until things are more
stabilized for the future . He referred to the development along Griffen
Avenue before war conditions became serious and credited this development
to the present zoning. He said that a road was being put in to try to
encourage the continuation of the development.
Mr. Raynor stated that the Zoning Board of Appeals felt that
as a general proposition the classification known as "F" should be taken
out of the ordinance. He said that he did not knows of any place in the
country where an ordinance carried such a classification, also that it
was not being done to restrict Mr. Murdock in the use of his property
but that it was being done to correct the ordinance and protect all
other owners in 'residential areas including Mr. Murdock.
The Supervisor asked Attorney Delius for his opinion.
,
Mr. Delius stated that the Town must have a comprehensive
and uniform plan. He referred to the case mentioned by Mr. King and
said that that was something entirely different. He referred to the section
of the Town ordinance know as "F" and after reading same, gave
his opinion that he did not think that it would stand up in court. He
said that in some cases it had been proven that an unnecessary hardship
had been imposed but that that did not change the uniform system in a
community. He recommended that all areas receive a definite classifica-
tion whether it be A, B, C or D.
Mr. A. Stirling Smith stated that when the Zoning Ordinance and
map was first prepared, the members of the Board did not know what to do
with the area which was later designated as "F" . He said that he thought
that they set up this area as Unclassified F, giving it the same restric-
tions as A and allowing for variances with an idea of protecting it as
they went along.
Mr . C. deWitt Rogers, Jr. stated that it appeared to him that
Hr . Murdock felt that while it was in the hands of the Town Board, all
that he would have to do to effect a change would be to make application
to the Tovan Board, while if it was in the hands of the Zoning Board of
Appeals, he would have to convince all of the neighbors around the pro-
perty.
Mr. Bing stated that Mr. Murdock felt that the Town Board
was the body that legislative matters should be placed before and that
than body should retain the right given to their in the original code.
Councilman Brewer asked if the Town Board would not be
derelict in its duty if upon receiving an opinion from its attorney
that there is a question as to the validity of the classification
known as "F" and did not do something about it.
Mr. Orson Raynor stated that the Zoning Board of Appeals
had worked five years with the Town Board in trying to bring about a
just and fair Zoning Ordinance for the Town.
Mr. Fred Smith said that he did not think that the Town was
taking anything away from hr. Murdock. He pointed out that without
the approval of the Town the restrictions of "F" classification were
the same as the "A" Classification.
The members of the Town Board stated that they were mostly
interested in the legal end of the matter .
Mr. A. Stirling Smith stated that in the old map there was
a considerable number of parcels along the Boston Post Road included
in the same classification as Mr. Murdock' s property and that special
consideration could not be given to any individual. He said that if
there was to be a change in the map another public hearing would have
to be held..
Mr. Rogers stated that as a lawyer he was of the opinion that
under the present zoning ordinance if owners were refused the right to
erect something, that they could go to court and have the zoning
ordinance thrown out because there is no general plan.
Mr . King stated that when Mr . Murdock had the idea of building
apartment house dwellings on some of his property, he co-operated with
the Town officials one hundred per cent and did not make any attempt
to go to court.
Councilman Brewer stated that he did not think that the Board
could do anything else but amend the Zoning Ordinance and map .
Councilman Brewer moved and Councilman Griffin seconded the
following resolution:
RESOLVED that the Town Board of the Town of Mamaroneck
hereby enacts the following amended Zoning Ordinance
for the Tovm. of Mamaroneck outside of incorporated
villages:
AN ORDINANCE ADOPTED BY THE TOWN BOARD OF THE TOVdN
OF MAMARONECK, NEW YORK, AT A MEETING HELD ON JUNE 21st,
1922 AND ALL ADDITIONS TO AND AMENDMENTS THEREOF, BY
VIRTUE OF THE POWER VESTED IN SAID TOWN BOARD UNDER THE
PROVISIONS OF CHAPTER 62 OF THE CONSOLIDATED LAWS KNOWN
AS THE TOWN LAW, AS AMENDED, TO ESTABLISH BUILDING LINES
ON ANY PROPERTY FRONTING ON OR ADJOINING ANY PUBLIC
STREETS AND TO REQUIRE ALL BUILDINGS HEREAFTER ERECTED
TO BE WITHIN SUCH LINES: TO REGULATE AND RESTRICT THE
HEIGHT NUMBER OF STORIES AND SIZE OF BUILDINGS AND
OTHER STRUCTURES: THE PERCENTAGE OF LOT THAT EQUALLY BE
OCCUPIED: THE SIZE OF BARDS, COURTS, AND OTHER OPEN
SPACES: THE DENSITY OF STRUCTURES AND LAND FOR TRADE,
INDUSTRY, RESIDENCE OR OTHER PURPOSES FOR THE PURPOSE
OF PROMOTING THE HEALTH, SAFETY, .VICRALS AND GENERAL
GIELFARE OF THE COMMUNITY AND TO ESTABLISH THE BOUNDARIES
OF DISTRICTS FOR THE SAID PURPOSES AND TO PROVIDE PENALTIES
FOR TEE VIOLATIONS OF ITS PROVISIONS.
ARTICLE I .
Definitions
SECTION 1. DEFINITIONS. Certain words in this Ordinance
are defined for the purpose thereof as follows:
(a) Words used in the present tense include the future;
the singular number includes the plural and the plural the
singular; the vaord "lot" includes the word "plot"; the word
"Building" includes the word "structure" .
(b) A ''structure" shall mean any building, sign, wall, fence,
stand or other form of construction, whether assembled or con-
structed within or without the limits of this district, to be
built, erected or placed above or belov ground vvithin the
district .
(c) A "non-conforming building or use" is one that does not
conform 11ith the regulations of the use district in which it
is situated.
(d) A "lot" is a parcel of land occupied or to be occupied
by one building and the accessory buildings or uses customarily
incident to it including such open. spaces as are required by
this ordinance.
(e) A "corner lot" is a parcel of land at the junction of
and fronting on two intersecting streets .
(f) An "interior lot" is a lot other than a corner lot.
(g) The "depth of a lot" is the mean distance from the
street line of the lot to its rear line measured in the
general direction of the side 'Lines of the lot .
(h) The 11street; lire" is the dividing line betvreen the
street and the lot .
(i) A "rear yard" is the open unoccupied space, on the
same lot with a building, betrareen the rear line of the build-
- ing and the rear line of the lot.
(j) A "side yard" is an open unoccupied space, on the same
lot with a building situated between the building and the side with
line of the lot and extending through from the street to the
rear yard, or where no rear yard is required, to the rear line
Of the lot.
(k) An ''enclosed court" is an open unoccupied space on the
same lot with a building, not extending to either the street
or the rear yard.
*Insert - POPULATION AND THE LOCATION AND USE OF BUILDINGS '
ME
OM
(1) An "open court" is an open unoccupied space on the
same lot ,with a building, extending to either the street or
the rear yard.
(m) The "building area" is the maximum horizontal projected
area of a building, and its accessories .
(n) The "least dimension" of a court or yard is the least
of the horizontal dimensions of such court or yard .
(o) The "length of an open court" is the horizontal distance
bet„veen the end opening on a street or rear yard. and the end
opposite such street or rear yard.
(p) The ”height of a court or yard" is the vertical distance
between the lowest level of such court or yard to the highest
point of any bounding wall. Where there is no gable, mansard
or dormer, the height shall be measured to the eaves; here
there is a gable, the height shall be measured to the peak of
the gable and where there is a mansard or dormer the height
shall be measured to the eaves, gable, mansard or dormer. In
any given case the height of a court or yard shall be measured
to the eaves, gable, mansard or dormer giving it the maximum
height .
(q) The "height of a building” is the vertical distance
measured, in the case of flat roofs, from the curb level to
the highest point of the roof beams adjacent to the street
wall, and in the case of pitched roof, from the curb level
to the average height of gable, provided, hov;ever, that a
coping, firewall, parapet or cornice, above the roof beans,
shall not exceed 5 feet in height . In the case of both fiat
roofs and pitched roofs, the measurement shall be made througl_
the centre of the street facade . Where no roof beams exist
or there are structures wholly or partly above the roof, the
height shall be measured from the curb level to the highest
point of the building. Where the walls of a building do not
adjoin the street the average level of the ground adjoining
the ,walls of the building may be taken in measuring its height
instead of the curb levd . Where no curb exists the height
of a building shall be measured by the centre of the road bed,
the grade of which shall be established or approved by the
Town Board.
(r) A, "family" is any number of persons living together
as a single family or household unit and using all living,
cooking and housekeeping facilities in common.
(s} A "multiple Dwelling" is any building which is occupied
as a Dome or residence for three or more families living
independently of each other, and including apartment houses
and other buildings so occupied.
"Boarding House" is a. house in which one or more pay-
ing guests,not to exceed seven, are accommodated.
(u) A "hotel" is a house in which eight or more paying
guests are accommodated.
(v) A "Trailer Camp" is any lot, piece or parcel of ground,
(other than land lying Vaithin a public highway or street)
whereon three or more house trailers, house cars, or auto-
mobile trailers equipied with sleeping or living uarters,
are located or parked otherwise than for the purpose of load-
ing, unloading or discharge or entrance of occupants or
passengers.
(w) A "'Tourist Camp" is any lot, piece or parcel of ground
whereon are located or placed one or more cam, cottages, tent
houses, cabins or other buildings designed for living quarters
or sleeping quarters for ten or more persons, including
children, other than houses, buildings and/or structures
regulated under the building code and zoning Ordinance of
the Tonn of Uamaroneck.
(x) A "Ccrnwnercial Garage" is a place for the storage of
one or more business automobiles or commercial trucks or
other self-propelling vehicles owned or used by not more
than one person, firm or corporation.
(y) A "Public kutomobile Garage" or "Gasoline Service
Station" is a place used for the sale of oil and gasoline
-
and the servicing and/or storage of automobiles .
(z) A "Commercial Stable" is a place for the care and
maintenance of one or more horses or mules owned and used
by not more than one person, firm or corporation, together
with the trucks, vehicles and equipment used in the busi-
ness or for the private use of such person, firm or cor-
poration.
(aa)k "Public Livery or Boarding Stable" is a place used
to care for and maintain horses or mules and their harness,
and vehicles for hire .
ARTICLE II .
Use Districts
SECTION 2. CLASSES OF USE DISTRICTS. For the purpose of
regulating and restricting the location of trades and in-
dustries and the location of buildings designed for speci-
fied uses the unincorporated part of the Town of Mamaroneck
is hereby divided into six classes of districts; first A-
Resid.ence Districts, second A-2 - Residence Districts,
third B - Residence Districts, fourth B-2 - Residence
Districts, fifth C - Business Districts, sixth D - Indus-
trial Districts as shown on the amended Use District Map
which accompanies this Ordinance and tirhich is hereby
declared to be and is made a part thereof. The Use
Districts designated on said map are hereby established.
The District Hap designations which accompany the Use
District Map are hereby declared to be a part thereof.
No building or premises shall be erected., altered or
used for any purpose ether than a purpose permitted in the
Use District in which said building or premises is located,
except as herein provided.
SECTION 3 . RESIDENCE DISTRICTS. Classes A, A-2, B and
B-2. In a residence District designated. A on the map men-
tioned 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 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
two families .
In the districts designated B on the map mentioned in this
Ordinance, no building or premises shall be erected which
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 A and k-2 districts .
(b) Multiple dwellings as described in Section 17 of this
Ordinance, or hotels .
12. Automobile wrecking and storage of used automobiles
and trucks and parts thereof and the storage of new or used
building materials .
13 . Any kind of manufacturing other than the manufacture
of prod-acts sold at retail on the premises to the ultimate
consumer.
14. Any trade, industry or use prohibited by Section 6
in an industrial district .
15 . Trailer and Tourist Camps .
No use permitted in a residential district by Section 3
scull be excluded from a business district.
SECTION 5 . INDUSTRIAL DISTRICTS - Class D. In an indus-
trial district, no building or premises shall be used and no
building shall be erected, which is arranged intended or
designed to be used for any of the following specified trades,
industries or uses:
1. Ammonia, chlorine, or bleaching powder manufacture.
2. Asphalt manufacture or refining.
3 . Assaying, other than gold or silver.
4. Boiler works.
5 . Brick, the or terra cotta manufacture.
6 . Cemetery.
7 . Crematory.
8. Creosote treatment or manufacture .
9 . Distillation of coal, wood or bones .
10. Fat rendering.
11. Fertilizer manufacture .
12. Garbage, reduction of, or offal, dead animals or
refuse except when used for municipal purposes .
13 . Glue, size or gelatine manufacture .
14. Iron, steel, brass or copper foundry or works .
15 . Lamp black manufacture.
16. Lime, cement or plaster of parts manufacture .
17 . Oil cloth or linoleum manufacture .
18. Paint, oil, varnish or turpentine manufacture .
19 . Petroleum refining.
20. Printing ink manufacture.
o
21. Pyroxoline plastic manufacture or manufacture of
articles therefrom.
22. Raw hides or skins - storage, curing or tanning.
23 . Rubber manufacture from crude material.
24. Slaughtering of animals .
25 . Smelting of iron.
26. Soap manufacture .
27. Starch, glucose or dextrine ranufacture .
28 . Stock yards .
29 . Stone crushing except for municipal purposes .
30. Storage or manufacture of explosives except as
permitted by lave.
31. Sulphurous, sulphuric, nitric or hydrochloric acid
manufacture .
32. Tallovu, grease or lard manufacture.
33 . Tar distillation.
34. Tar roofing or waterproofing manufacture
35 . Any other trade industry or use, which in the
opinion of the Board of kppeals is noxious or offensive
by reason of odor, dust, smoke, gas, noise, vibration or
other cause .
No use permitted in a residence district by Section 3
or in a business district by Section 4, shall be excluded
from an industrial district .
SECTIOE 6. NON-CONFORIHNG BUILDINGS AND USES. Yiny
non-conforming use, existing at the time of the passage of
this Ordinance, may be continued and any existing building
designed, arranged, intended for or devoted to a noncon-
forming use, may be reconstructed or structurally altered,
and the non-conforming use therein changed, subject to the
foilowing regulations:
1. The structural alteration made in such a building
shall in no case exceed tweyity-five percent of its assessed
value nor shall the building be enlarged, unless the use
therein is changed to a conforming use.
2. No non-conforming use shall be extended at the
expense of a conforming use.
3 . Any non-conforming use of land. or structures that
have not been used as such for a period. of three or more
years, shall be deemed to be abandoned and shall not be
continued or used for any non-conforming use without the
concurring vote of four members of the Board of i,ppeals .
4. In a residence district no building or premises
devoted to a use permitted in a business district shall
be changed into a use excluded from a business district.
5 . In a residence or business district no building or
premises devoted to a use permitted in an industrial
district shall be changed into a use excluded from an
industrial district.
6. In a residence, business, or industrial district, no
building devoted to a. use excluded from an industrial
district, shall be structurally altered, if its use shall
have been changed since the time of the passage of this
Ordinance to another use, also excluded from an industrial
district. A change of use, for the purpose of this sub-
division, shall be deemed to include any change from a
use included in an enumerated subdivision of Section 5 . to
a use included in another enumerated subdivision of Sec-
tion 5 .
11 >
7 . In a residence, business or industrial district,
no building devoted. to a use excluded from an industrial
district, shall have its use changed to another use vhich
is also excluded front an industrial district, if the build-
ing shall have been structurally altered since the time of
the passage of this Ordinance . A change of use, for the
purpose of this subdivision shall be deemed to include any
change from a use included in an enumerated subdivision of
Section 5 . to a use included in another enumerated sub-
division of Section 5.
SECTION 7 . GARAGES AND STABLES. A private garage for
not ;lore than three automobiles owned and used exclusively
by an individual resident of the unincorporated part of the
Town of 2amaroneck for his private use, shall be permitted in
residential districts if erected at least 75 feet from the
.front property line, unless said garage is made part of the
main dwelling, or in case of severe topographical conditions,
or here a lot is less than 100 feet in depth, the distance
may be less than 75 feet upon the concurring vote of four
members of the Board of Appeals . On corner lots, a garage
shall also be set back at least 30 feet from a side street
unless upon the concurring vote of four members of the Board
of Appeals a less set-back restriction be permitted.
A garage for more than three motor vehicles may be
permitted in a Class B and B-2 residential district for the
exclusive use of occupants of an apartment house if erected
on the same lot or plot of land vith such apartment house
building, upon the concurring vote of four members of the
Board of Appeals .
A commercial garage may be permitted in business
districts upon the concurring vote of four rlembers of the
Board of Appeals .
A public automobile garage or gasoline service station
shall be permitted in industrial districts, and may be per-
mitted in business districts, only after the proposed loca-
tion of the same has first been aPproved. by the Board of
Appeals, by the concurring vote of four members thereof.
Under no circumstances shall a permit be issued for the
erection or enlargement of a garage for more than three
riotor vehicles, a group of garages for more than three
motor vehicles, or for a gasoline service station or for
the conversion of any premises, not so used, to be used for
such purposes in any district whether it be a business or
industrial district if any part of the lot or plot in
question is situated within a radius of two hundred feet of,
or within any portion of a street between two intersecting
streets in which portion there exists:
1. A church, or
2. A hospital maintained as a charitable institution,or
3 . A public library, or
4. A duly organized school, other than a public school
conducted for children under sixteen years of age and giving
regular instruction, at least five dads a week, for eight
or more months a year, or
5 . A public school, or
6. A theatre containing at least 300 seats .
No exceptions to the provisions of this section shall
be made except upon a concurring vote of four members of
the Board of Appeals .
A private stable for one or more horses owned and used
exclusively by an individual resident of the unincorporated
part of the Town of Mamaroneck for his private use, may be
permitted in residential districts, if erected at least
seventy-five feet from the front property line. Upon corner
lots, said stable shall be set bac at least twenty-five
feet from a side street, unless upon special consent of
the Board of Appeals, a lesser distance be permitted.
A commercial stable may be permitted in business
districts upon the concurring vote of four members of the
Board. of Appeals .
A public livery or boarding stable shall be permitted
in industrial districts, and may be permitted in business
districts only after the proposed location of same has first
been approved upon the concurring vote of four members of
-- the Board of Appeals .
ARTICLE III.
Area Districts
SECTION 8 . AREA DISTRICTS. For the purpose of regu-
lating and determining the area of yards, courts and per-
centage of lot which may be occupied by buildings here-
after erected or enlarged ,, the unincorporated part of the
Town of Mamaroneck is hereby divided into six area dis-
tricts, namely- A, A-2, B, B-2, C and D as shorn on the
amended area district map, which together with the desig-
nations shove 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
hereinafter :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 small 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 .
SECTION 9 . AREA DISTRICTS - Classes A and A-2. In
these area districts th.e set-back and minirruim dimensions
of yards and courts and the :maximum percentage of lot
occupancy shall be as fol.lovrs :
SET-BACK: No part of any building shall be built
vvithin 30 feet of any street lire, except that on corner
lots such buildings may be set back a less distance from
the side street, upon the concurring vote of four members
of the Board of Appeals .
REAR YARDS: There shall be a rear yard having a depth
of not less than fifteen per cent of depth of the lot.
This yard heed not exceed twenty-five feet in depth, pro-
vided it has a depth of not less than five inches for each
foot of building height.
SIDE' YARDS• Two side yards shall be provided at the
curb level of every lot. The least dimensions of each
yard shall be six feet.
OPEN COURTS: An open court shall be not less than
five feet wide, nor- less than two and one-half inches wide
for each foot of height of such court, nor less than two
and one-half inches wide for each foot of length of such
court from the closed end.
ENCLOSED COURTS: An enclosed court shall be not less
than six feet wide, nor less than three inches wide for
each foot of height of such court, nor shall its area be
less than twice the square of its required least dimension.
PERCEYITAGE OF LOT OCCUPANCY: Tio building with its
accessory buildings, shall occupy in excess of forty percent
of the area of an interior lot, nor in excess of fifty per
cent of a. corner lot.
SECTIOR 10. AREA DISTRICTS. Class B. In these districts
the set—back and. minimum dimensions of yards and courts and
the maximum: percentage of lot occupancy shall be as follows :
SET-BACK; All parts of a building shall be set back as
follov:s: four stories or 46 feet or less in height, 30 feet;
five stories or 55 feet in height, 35 feet; six stories or
70 feet in height, 40 feet, from the street line on each
street on ohich it faces, except that on corner lots such
buildings may be set-back a less distance from the side street,
upon the concurring vote of four members of the Board of Ap-
peals .
REAR YARDS: A rear yard is required on each lot. Such
rear yard shall be at least 20 feet deep behind a building
or rear projection three stories or more in height and at
least 1.5 feet deep behind a building less than three stories
in height. vihere a lot is less than 100 feet deep at the
time of the passage of this amendment to the Zoning Ordinance
or Regulation, one-half of the diminution in depth of the lot,
Belo" 100 feet, shall be subtracted from the prescribed delith
of the rear yard., provided that no rear yard shall be less
than 15 feet in depth.
SIDE YARDS : A side yard is required along each side
lot line not a. street line . No wall of any building or
accessory building shall be within less than 15 feet from any side
lot, line . Open cures between parts of buildings on the same
plot stall be not less than 20 feet in width in the case of
buildings 22 stories or less in height; not less than 25 feet
ih width, ;iih respect to a three story building; and. not less
than 30 feet in with respect to a building more than
three stories in height wlaerever such intervening open spaces
are the sole means of bringing adequate exterior light and air
to windows of a living or sleeping room. An accessory build-
ing over 60 feet from any street line and not over tvao stories
in height may be within not less than three feet from any lot
line intersecting such street. No cornice shall project
more than one—quarter of the width of the open space nor more
than three feet in any case but may project one foot in any case .
Chimneys mar be erected vaithin a side yard provided they do
not exceed 10 square feet in horizontal external cross section
and do not obstruct free ventilation.
A fire escape or a.n outside stairv:ay, or a balcony
to a fire tower may project not more than five feet into the
side yard.
Within the limits of a side yard no fence or wall (ex-
cept a retaining wall) shall be more than four feet high
unless the part above such height be not more than one-quarter
solid in oahich case the total height shall not exceed ten feet.
COURTS: An open space to be called a "court" and con-
forming to the provisions of this Section shall be provided
eaherever any room in which persons live, sleep or congregate,
cannot be adequately lighted or ventilated from the street
or yard.
The minimum width and areas of courts small conform to
the following:
For a building four or more stories, minimum width 30
feet, minimum area 1800 sq. feet.
For a building three stories, minimum width 25 feet,
minimum area 1250 sq. feet.
For a building tvvo and one-half stories or less,
minimum width 20 feet minimum area 800 sq. feet.
t
No fence or wall (except a retaining; wall) more
than four- feet high unless one-quarter solid above such
height, snail exist within the limits of any required lot
line court where such fence or wail is distant less than
two and one-half feet from any lot line provided the total
height of such wall does not exceed 10 feet.
PERCENTAGE OF LOT OCCUPANCY: The following limitations
shall rovers: together with the restrictions for set backs,
front, rear and side yards and courts as set forth in this
section:
(a) a building occupying not more than 37.5% of the
lot area may be erected to a height not to exceed six
stories but not in excess of 70 feet.
(b) a building occupying not more than 40% of the
lot area may be erected to a height not to exceed five
stories but not in excess of 58 feet .
(c) a building occupying more than 40% of the lot
area small not be erected to a height greater than four
stories nor more than 46 feet.
(d) no building shall occupy more than 45% of the
lot area. Any building or hart of a building which is
arranged, intended or designed to be used as a house for
not more than two families hereafter erected or structurally
altered in the B area district shall conform to the regula-
tions of the k and k-2. Area districts as provided in
Article III, Section 9 .
SECTION 11. AREA DISTRICTS . - Class B-2. In these
districts the set-back and minimum dimensions of yards
and courts and the maximum percentage of lot occupancy
shall be as follows :
SET-BACK: No part of any 'building shall be built
within 15 feet of any street line and on corner lots such
building shall also be set back at least 10 feet from the
side street.
REAR YARDS: on corner lots there shall be a rear
yard having a depth of not less than five per cent of
the depth of the lot, which yard need not exceed ten
feet in depth, provided it has a depth of not less than
three inches for each foot of building height. On interior
lots there shall be a rear yard having a depth of not less
than ten per cent of the depth of the lot, which yard need
not exceed fifteen feet in depth, provided it has a depth
of not less than three inches for each foot of building
height.
SIDE YARDS: There shall be two side yards, each not
less than five feet vide, nor less than one and one-half
inches for each foot of building height, nor less than one
inch for each foot of building length.
OPEN COURTS: An open court shall be not less than
five feet wide, nor less than two inches wide for each foot
of height of such court, nor less than too inches wide
for each foot of length of such court from the closed end.
ENCLOSED COURTS: An enclosed court shall be not less
than six feet wide, nor less than two inches wide Ior each
foot of height of such court, nor shall its area be less
than twice the square of its required least dimension. For
a building used for dwelling purposes, an enclosed court
shall be not less than two and one-half inches vide for
each foot of height of such court.
M
PERCENTAGE OF LOT OCCUPANCY: No building, with its
accessory buildings, shall occupy in excess of seventy-
five per cent of the area of an interior lot, nor in excess
of ninety percent of the area of a corner lot.
SECTION 12 . AREA DISTRICTS - Classes C and D. In
these districts, the minimum dimensions of yards and courts
and the maximum percentage of lot occupancy shall be as
follows :
REAR YARDS: On interior lots there shall be a rear
- yard above the horizontal plane, twenty feet above the curb
- level, having a depth of not less than ten per cent of the
depth of the lot, which yard need not exceed fifteen feet
in depth, provided it has a depth of not less than two inches
for each foot of building height.
SIDE YARDS : A side yard., if any, shall be not less
than five feet wide, nor less than one inch wide for each
foot of building length.
OPEN COURTS: An open court shall be not less than five
feet wide, not less than one and one-half inches wide for
each foot of height of such court, not less than one and
one-half inches ride for each foot of length of such court
from the closed end.
ENCLOSED COURTS: An enclosed court shall be not less
than six feet wide, nor less than two and one-half inches
wide for each foot of height of such court, nor shall its
area be 'less than twice the square of its required least
dimensions .
PERCENTAGE OF LOT OCCUPANCY: No building, with its
accessory- buildings, shall occupy in excess of ninety per
cent of an interior lot. This limit shall apply above the
horizontal plane, twenty feet above the curb level. The
entire area of corner lots may be occupied, provided all
regulations relative to light and ventilation are complied
with..
Any building or part of a building, used as a dwelling
or multiple dwelling hereafter erected or structurally
altered in the C and D area districts, shall conform to
the regulations of the B-2 area district.
SECTION 13 . AREA DISTRICT EXCEPTIONS: The foregoing
requirements of the area districts B-2, C and D shall be
subject to the following exceptions and regulations :
1. In computing the percentage of lot occupancy for
any building on a lot which has an alley on one or more
sides, one-half of the area of such alley or alleys, im-
mediately adjacent to such lot, may be assumed to be a
portion of such lot.
2. A building upon an interior lot running through
the block from street to street, may not require a rear
yard when complying with the percentage of lot occupancy
requirements, provided, however, triat when such a building
is located between lots requiring rear yards, on either or
both sides, such building, on a through lot, shall provide
a court on the side or sides on which the adjoining lots
are required to provide a rear yard.
3 . In computing the depth of a rear yard or the width
of a side yard or open court, for any building where such
yard or court opens upon an alley or street, one-half of
such alley or street abutting on said lot may be assumed
to be a portion of the yard or court.
4. Every part of a required court shall be open from
its loi,.est point to the sky, unobstructed., except for the
ordinary projections of skylights above the bottom of such
court, and except for the projections of sills, belt courses,
cornices, and ornamental features not to exceed four inches;
provided, that open or lattice enclosed fire escapes, fire
proof outside stairways and solid floor balconies opening
upon fire towers, projecting into a yard not more than five
feet or into a court not more than three and one-half feet,
and the ordinary projections or chimneys and flues, may be
permitted, by the inspector of buildings where so placed as
not to obstruct the light and ventilation.
_ 5 . Shafts for bath rooms, toilets, hallways or stairways,
may be of smaller dimensions than specified herein for courts,
in which case they will not be considered as open spaces in
computing the percentage of lot occupancy.
6 . On lots having only an alley frontage and for a depth
of not exceeding twenty-five feet, and on lots which form
all or part of a space entirely surrounded by alleys, the
area requirements of these regulations shall not apply.
SECTION 14. NUMBER OF FAMILIIES HOUSED PER ACRE.
In A and A-2 districts no dwelling snail hereafter be
erected or altered to accommiodate or make provision for
more than ten families on an acre of land, nor more than
a proportional number of families on a proportional acre
of land. The maximum number of families -which may hereafter
be housed on any plot of ground- shall not exceed the integral
number obtained by multiplying the acreage of such plot, ex-
clusive of the area within the street line by ten. The
tations imposed by this section, small, however, not prohibit
the erection of a one family house on any plot which is an
owner' s entire contiguous holding, containing, at the time
of the 'passage of this Ordinance, an area of less than one-
tenth of an acre .
In the B, B-2, C and D districts, no dwelling or
multiple dwelling shall hereafter be erected or altered to
accoivaodate or make provisions for more than eighty families
or. any acre of land, nor more than a proportional number of
families on a fractional part of any acre of land. The maxi-
mum number of families which may hereafter be housed on any
plot of ground shall not exceed the integral number obtained
by multiplying the acreage of such plot, exclusive of the
area vaithii-i the street line, by eighty.
ARTICLE IV.
Height Districts .
SECTION 15 . HEIGHT DISTRICTS REGULATIONS. For the
purpose of regulating and limiting the height of buildings,
the unincorporated part of the Town of liamaroneck is hereby
divided into height districts of vrhich mere shall be six
known as follows:
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 Mamarcneck is
hereby divided into the six districts aforesaid, and the
boundaries of such districts are shown upon the amended
zoning map attached hereto and made a art of this Ordinance,
and except,, as specifically provided, me building shall be
altered, constructed or raised, so as to exceed the height
hereb established for the district wherein such building
is located, and said clap and all the notations, references
and otner items l therein, shall be as Such, a part of
this Ordinance as though the matters and items set forth
by said- map viere all 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 v:all 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 farther that Vdiere
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. 'ohere 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
small be knovm as height districts A and A-2.
The graduated height districts as outlined on said map
shall be known as height districts B.
Theseventy foot height districts as outlined on said
map shall be no n as height district B-2. C and D.
SECTION 16. FORTY FOOT HEIGHT DISTRICTS. - 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.
SECTION 17. GRADIIATED HEIGHT DISTRICTS - B. In all
B residence districts no building shall be erected in height
to exceed the following:
(a) A building occupying no more than 37.5% of the lot
area may be erected to a height not to exceed. six (6)
stories, but not in excess of 70 feet .
(b) A building occupying no more than 40% of the lot
area may be erected to a height not to exceed five (5)
stories, but not in excess of 58 feet.
(c) A building occupying more than 40% of the lot area
shall not be erected to a height greater than four (4) stories
nor more than 46 feet.
SECTION 18. SEVENTY FOOT HEIGHT DISTRICTS - B-2, C
and D. In the seventy foot height districts no building
shall be erected or altered to exceed seventy feet or six
stories and basement, in height except as hereinafter pro-
vided.
SECTION 1;- . HEIGHT DISTRICT EXCEPTIONS. The foregoing
reuLuirements in the height districts shall be subject to the
following exceptions and regulations:
First: In height districts r. and A-2 such public build-
ings as are permitted in an A and A-2 use district, 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: One family or two family dwellings in height
district A and A-2 may be increased in height by not more
than seven feet when two side yards of not less than fifteen
feet each are provided, or by not more than 14 feet when no
Dart of said building is built vithin 50 feet of any boundary
line.
Third: In height districts A and A-2 churches, cathe-
drals, temples and other places of public worship may be
erected as to height, in accordance with this Ordinance, pro-
vided however, that any such structure shall set back from
the street line not less than 50 feet, and shall have a yard
713
on each side of not less than 20 feet in width and shall
comply in all other respects with the area restrictions
of this Ordinance .
Fourth: 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 regu-
lations shall prevent the erection above the height limit
of the parapet wall or a cornice extending above such limit
not more than five feet.
SECTIOii 20. EXCEPTIONS AS TO SPIRES, ETC. - The pro-
- visions of these regulations shall not apply to the erection
of churci spires, belfries, chimneys, flues, grain elevators,
scenery lofts and wireless towers . The provisions of these
regulations moreover shall not amply to bulkheads, elevator
enclosures or witer tanks occupying on the aggregate, less
than ten (10%) per cent of the area of the roof on which
they are located. No to,,er or other structure shall be
erected in any district embraced by this Ordinance, having
a height of more than 50 feet from the level of the ground
surrounding the base or foundation of such structure vJithout
the consent of the Board of nopeals.
ARTICLE V.
Permits and Certificates of Occupancy
SECTION 21. No land shall be occupied or used and no
building :Hereafter erected or altered shall be occupied or
used in whole or in part for any purpose whatsoever until
a certificate of occupancy shall have been issued by the
Building Inspector stating that the premises or building
complies with all the provisions of this Ordinance.
No change or extension of use and no alterations shall
be made in a non-conforming use or premises without a certi-
ficate or occupancy, having first been issued by the Build-
ing inspector that such change, extension or alteration is
in conformity with the provisions of this Ordinance.
Certificates of occupancy- shall be applied for at the
same time that the building permit is applied for and shall
be issued within ten days after the erection or alteration
of the building shall have been completed. A record of all
certificates shall be kept on file in the office of the
Building Inspector and copies shall be furnished upon request
to any persons having a proprietary or tenancy interest in
the building affected. A fee of two dollars shall be charged
for each original certificate and one dollar for each copy
thereof.
No permit for excavation or for the erection or altera-
tion of any building shall be issued before application has
been made for a certificate of occupancy. No building or
premises may be occupied until such certificate shall have
been issued.
All applications for building permits shall be accom-
panied by a plan or duplicate drawn to scale, shoving the
actual dimensions and compass bearings of the recorded lot
to be built upon. All buildings existing upon said lot
the size of the buildings to be erected, and such other in-
formation as may be necessary to determine whether the pro-
posed construction or alteration cofnolies with the regula-
tions contained. in the Ordinance is to be given as may be
required by the Building Inspector. A proper record of
such applications and plans shall be kept in the office of
the Buildinig Inspector. No yard, court or other open
spaces provided for in this Ordinance about any building,
shall be used as a yard, court or open space for any other
building.
dffl
Public buildings or institutions of monumental character
may exceed the height regulations for the district in which
such buildings are to be located when set back from the build-
ing lines as established in this Ordinance one foot for each
foot of excess height.
ARTICLE VI
Board of Appeals
SECTION 22. MEMBERSHIP. A Board of Appeals is hereby
established. The Lords "the board" when used in this article
refer to said Board. The Board shall consist of five (5)
meanbers all of whom shall be residents and Owners of record
of real property in the unincorporated part of the Tom, of
iN al:ilarorieck and shall be appointed by the Town Board of such
Town. The Chairman of the Board shall be designated by the
Supervisor. Of the members of the Board first appointed,
One shall hold office for the terra of one (1) year; one for
the term of two (2) years; one for the tern of three (3)
years; one for the term of four (4) dears; and one for the
term of five (5) ears from and after his appointrent . Their
successors shall be appointed, for the term of five (5) years
from and after the expiration of the term of their predecessors
in Office . If a vacancy shall occur otherwise than by expir-
ation of term, it shall be filled by appointment for the un-
expired term. The 'Town Board shall have the povier to remove
any member of the Board fo'r cause and after public hearing.
The members of the Board shall receive no compensation for
their services .
SECTION 23 . 111EETI14GS. All meetings of the Board shall
be held. at th.e call of the Chairman and at such other times
as the Board may determine . Such a chairman, or in his
absence, the action; chairman, may administer oaths and compel
the attendance of vritnesses. All meetings of the Board shall
be open to the public . Such Board shall Keep minutes of its
proceedings shovring the vote of each rlember upon every question,
or if absent or failing to vote indicating such fact and shall
also keep records Of its examinations and. other official ac-
tions . Every rule,, regulation, ever., amendment or repeal
thereof and every order, reluirement, decision or determina-
tion of the Board shall irnmediately be filed in the office
of the Board and shall be a public record.
SECTION 24. APPEALS. An appeal may be taken to the
Board Of Appeals by any person aggrieved, Or by an Officer,
departrrent, board, or bureau of the town. Such appeal shall
be taken within such time as shall be prescribed by the
Board of Appeals by general rule, by filing with the officer
from whom the appeal is taken and vvith the Board of Appeals
a notice of appeal specifying the grounds thereof. The
officer from whom the appeal is taken shall forthwith trans-
mit to the Board all the papers constituting the record upon
which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the
action appealed from, unless the officer from whorn the anneal
is taken certifies to the Board of Appeals, after the notice
of appeal shall have been filed with him, that by reason Of
facts stated in the certificate a stay would, in his opinion
cause imminent peril to life or property in which case pro-
ceedings shall not be stayed otherwise than by a restraining
order vihlch may be granted by the Board of Appeals, or by a
Court or record on application, or. notice to the officer
from whom the appeal is taken and On due cause siloilin.
The board of Appeals shall fix a reasonable time for
the hearing of the appeal or other matter referred to it
and give public notice thereof as well as due notice thereof
to the parties in interest and decide the same within a
reasonable tune. Upon the hearing, any party may appear in
person or by agent or by attorney.
do
SEC'T'ION 25 . JURISDICTIOl4. The Board of Appeals may
hear and decide appeals from and review any order, require-
ment, decision or determination made by an a.drriinistrative
official charged with the enforcement of this Ordinance and
all matters referred to it thereunder or upon which it is
required to pass .
The Board of Appeals may reverse or affirm, taholly or
partly, or may modify the order, requirement, decision or
determination appealed frosr and. shall make such order,
requirement, decision or determination as in its opinion ought to be made in the premises and
to that end shall have all the powers of the officer from
whom the appeal is taken. Where there are practical diffi-
culties or unnecessary hardships in the -way- of carr,-ing out
the strict letter of this Ordinance the Board of Appeals snail
have the pciver in passing upon appeals, to vary or modify
the application of any of the regulations or provisions of
this Ordinance relating to the use, construction or alter'ition
of buildings or structures, or the use of land, so t'iiat the
spirit of the Ordinance shall be observed, public safety
and -welfare secured and substantial juice done.
ARTICLE VII
General and Administrative
SECTION 26 . INTERPRETATIONAL: PURPOSE. In their inter-
pretation and application. the provisions of this Ordinance
shall be held to be the minimum requirements, adopted for
the promotion of the public health, safety, morals, comfort
convenience and general welfare of the community. It is not
intended by this Ordinance to repeal, abrogate, annul or in
any way impair or interfere with any existing provisions of
law or Ordiance or in any rules, regulations or permits
previously adopted or issued, or which shall be adopted or
issued pursuant to lata relating to the use of buildings or
premises; nor is it intended by this Ordinance to interfere
-with or abrogate or annul any easements, covenants or other
agreements between parties; provided, however, that where
this Ordinance imposes a greater restriction upon the use
of buildings, grater setbacks, or requires larger or r.ore
yawls, Courts or other open spaces than are imposed or re-
quired by such existing provision of law or Ordinance or by
such rules, regulations or permits or by such easements,
covenants or agreement, the provisions cf this Ordinance shall
control.
SECTION 27 . ENFORCEMENT LEGAL PROCEDURE, PENALTIES.
This Ordinance sriall be enforced by the Building Inspector
of the Town of Mamaroneck under the provisions of the Buildi-
ing Code or Ordinance of the Town of Mamaroneck. The Board
of Appeals is hereby empowered to order in tariting the remedy-
ing of anv condition found to exist in or at any building,
structure, place or premises in violation of any provisions
of this Ordinance . Such order may be served personally or
by registered mail and if by mail, may be addressed to the
owner or occupant of the premises at the address given by
him upon any application for any permit required under the
provisions of the Building or Plurnbing Code of the Town of
Mamaroneck or to the last knoan address of the ovaner as
shown by the records in the office of the Receiver of Taxes
of the Town of Tlaraaroneck or in the office of the Register
of the County of Westchester.
The owner or general agent of a building or premises
where a violation of any provision of this Ordinance has
been committed, or shall exist, or the lessee or tenant
of an entire building or entire premises where such violation
has been ccmnitted or shall exist, or the owner, general
agent, lessee or tenant of any part of the building or
premises in which such violation has been committed or shall
r ff
exist, or the general agent, architect, builder contractor
or any other person who commits, takes part or assists in
any, such violation or who maintains any building or premises
or any part thereof in which any violation shall exist shall
be guilty of a misdemeanor
Any such person who, having been served with an order
to remove such violation,. shall fail to comply with said
order witliin ten days after such service or shall continue
to violate any provision of this Ordinance in "the respect
named in such order, shall be guilty of misdemeanor .
In addition to the foregoing, such violation shall also
subject any such person to a penalty in the sniff of $50.
recoverable in a civil action brought by or in behalf of the
Town of Mamaroneck and when a violation of any of the pro-
visions of tliis Ordinance is continuous, each twenty-four
hours thereof shall constitute a separate and distinct
violation.
In addition to the foregoing remedies, the Town of
Mamaroneck may maintain an action for an injunction to
restrain any violation of this Ordinance as provided by the
Town Law.
SECTION 28 . DISTRICT BOUNDARIES. The district boun-
daries are, unless otherwise indicated on the map accompany-
ing this Ordinance either street lines or lines drawn
parallel to and one hundred feet back from one or more of
the street lines bounding the block. Where two or more
districts designations are shown within a block the bound-
ary of the less restricted district shall be deemed one
hundred feet back from its street line .
SECTION 29. CHANGE IN BOUNDARIES. If any area is
hereafter transferred to another district by a change in
district boundaries bar an amendment. the provision of this
" Ordinance in regard to buildings or premises existing at
the time of the passage of this Ordinance shall apply to
buildings or premises existing at the time of the passage
of such amendment its such transferred areas .
SECTION 30 . RESTORATION OF EXISTING BUILDINGS. Nothing
in this Ordinance shall prevent the restoration of a, building
destroyed by fire, explosion, act of God or act cf the public
enemy, to the extent of not more than fifty per cent (50 )
of its assessed value or prevent the continuance of the use
of such building or part thereof. tiny building destroyed
in the manner aforesaid to an extent exceeding fifty per cent
(50%) of its assessed value at the time of such destruction
may be reconstructed" and thereafter used onl„.% in such a
mariner as to conform to all the provisions of this Ordinance.
SECTION 31. AMENDMENTS. This Ordinance may be amended
as provided by law.
SECTION 32. VALIDITY OF ORDIANCE: If any article,
section, paragraph, su.b-division, clause or provision of
this Ordinance shall be adjudged invalid such adjudication
shall apply only to the article, section, paragraph, sub-
division, clause or provision so adjudged and the rest of
this Ordinance shall remain valid and effective.
SECTION4 33 . WHEN EFFECTIVE. She Zoning Ordinance of
the Town of Mamaroneck adopted the 21st day of June, 1922
and all amendments thereto, are hereby declared to be amended
and superseded this ordinance which shall tare effect,
immediately.
The foregoing resolution was adopted by the following
vote:
AYES: Supervisor McCulloch
Councilmen Bates, Brewer, Griffin, Mandeville
NOES: None
The Supervisor stated that on behalf of the Town. Board he
wished to thank the members of the Zoning Board of Appeals for the
fine co-operation and long hours of service given over the period of
years required to study this important plan.
Mr. A. Stirling Smith thanked the members of the Board and
asked for their estimate of the number of copies to be printed.
It was decided that one thousand (1000)copies were sufficient
to meet the needs of all departments .
Mr. Emil Zvirin appeared to request that the Town Board
consider a compromise on certain tax arrears on vacant property known
as Block 501, Parcels 345 and 296 and situated near the end of Shadow
Lane, Larchmont.
Following some discussion, Mr. Zvirin asked that the matter
be laid over until the next meeting so that he could try to get the
owners to meet the terms of the Town Board.
Councilman Mandeville reported that the installation of the
separator in the second garbage truck would be complete on the follow-
ing Friday and that this would help with a further reduction in the
amount of ashes being mixed with garbage. He suggested that Engineer
Foote write letters to residents who do not separate ashes from garbage.
He said that he had nothing but praise to offer to the Highway
Department for their work.
He said that he had given some thought to the possibility of
the Town arranging for quarterly payments of taxes and that he wished
to suggest that the Supervisor and Town Attorney study the matter.
The Supervisor stated that the one difficulty was that the
unpaid balance would carry penalties.
Councilman Mandeville stated that in some cities they accept
a discount if full payment is made at one time. He said that he
thought that if it was made easy for the taxpayer to carry property,
there would be less chance that the Town would have to foreclose same.
The Supervisor pointed out that with two instalments for Town
taxes and the first instalment of school taxes within the year, the
taxpayer already had three instalment dates for the total tax.
Attorney Delius tated that he would look into the law and
report back to the Board.
Councilman Bates reported that the length of the new sewer
extension in Garfield Street is 140 feet and that the Town Engineerrs
estimate for the construction of the same was $500 but that when the
trench was opened the men found a poor foundation at the grade of the
pipe and it resulted in an extra cost of $'137.09.
On motion by Councilman Bates, seconded by Councilman Mandeville,
it was unanimously, upon roll call,
RESOLVED, that the Sewer Department be and it hereby
is authorized to pay out of the sewer maintenance fund
the sum of $137.09 to cover the additional cost of the
sewer extension in Garfield Street, Town of Mamaroneck.
Councilman Griffin presented the Public Welfare Department
report for the month of January, 1942, which showed as follows:
1941 1942
January January
Case Load
Individuals
Case Days
Total Re-ief Expended
Average Cost Per Case
339
213
1361
838
9702
6201
$15,680.86
$9,662.76
46.26
45.36
read:
In
TO THE HONORABLE TOWN BOARD, TOM OF MAMARONECK
I, the Assessor of the Town of Mamaroneck, respectfully
petition the Honorable Town Board of the Town of Mamaroneck
to cancel the following liens for reasons stated below:
Lien # Date Amount Reason
2306 1934 $186.18 pt of Jefferson Ave.
Sec. Bl. Lot
8 80 2
Lien #
72
Sec.
8
January
January
Amount
3.87
Lot
15C
1941
1942
Average
Cost Per Individual
$ 11.52
11. 53
Average
Cost Per Case Day
1.62
1.56
Average
Cost Per Individual Per Day
.404
.397
The
report was ordered filed.
6
1933
The
following statement received
from Assessor
Smith was
TO THE HONORABLE TOWN BOARD, TOM OF MAMARONECK
I, the Assessor of the Town of Mamaroneck, respectfully
petition the Honorable Town Board of the Town of Mamaroneck
to cancel the following liens for reasons stated below:
Lien # Date Amount Reason
2306 1934 $186.18 pt of Jefferson Ave.
Sec. Bl. Lot
8 80 2
Lien #
72
Sec.
8
Date
1912
Bl.
82
Amount
3.87
Lot
15C
Reason
included in Lot 15B
Lien
Date
Amount
Reason
2612
Sec.
1932
Bl.
$ 3 .09
Lot
no Lot 8, assessed
2658
6
1933
3
3.98
2
in error
2709
1934
7.04
Reason
2502
1935
4.45
Parcel of land that
2169
Sec.
1936
Bl.
5 .12
Lot
was put on old map.
Sec.
Bl.
Lot
Because of incorrect
9
63
8'
dimensions it does
Lien ':,
Date
Amount
Reason
Lien #
1913
$ 1.04
pt of Palmer Avenue
723
Sec.
1929
Bl.
$ 10.54
Lot
Now part of
842
6
1930
4
17.41
16
Post Alley
Lien r
Date
Amount
Reason
1507
1933
8.83
Road bed of
Sec.
Bl.
Lot
Harrison Ave.
6
3
2
Lien
Date
Amount
Reason
1425
1936
38.86
Parcel of land that
Sec.
Bl.
Lot
was put on old map.
7
48
1D
Because of incorrect
dimensions it does
not exist.
Lien #
Date
Amount
Reason
723
1929
$ 10.54
Now part of
842
1930
17.41
Post Alley
1144
1931
17.09
1434
1932
18.61
1614
1933
16.88
1572
1934
28.25
Sec.
Bl.
Lot
6
65
64
Lien
Date
Amount
Reason
405
1939
a 4.67
No Lot 13
Sec.
Bl.
Lot
Assessed with Dietz
4
34
13
February 4, 1942
ilm-
On motion by Councilman Mandeville, seconded by Councilman
Griffin, it was upon roll call unanimously
RESOLVED, that the tax liens listed in the above
statement be cancelled as of this date and that the
Comptroller be instructed to mark the Town records
accordingly and file a copy of the statement .
The Town Attorney discussed with the Board the possibility
of settling certiorari proceedings for the years 1938, 1940 and 1941,
brought by Marie Louise Constable and Amy H. Weatherbee.
After consideration of the matter he was authorized to
negotiate a settlement with the attorneys for the relators on the
following basis:
Section 9, Block 108, owned by Constable, 11.43 acres,
assessment for the three years to be $354,600;
Section 9, Block 109, owned by Constable, formerly owned
by Werner, 8.8 acres, no reduction;
Section 9, Block 106, owned by Constable, 10.85 acres,
assessment to be $59,820, for the three years;
Section 9, Block 95, owned by Weatherbee, 25.8 acres,
assessment to be $334,600 for the three years.
Town Attorney Delius read the following letter received
from Irving 1. Engel, attorney:
January 30, 1942.
John L. Delius, Esq.
-' Attorney—at—Law
Mamaroneck, N. Y.
Dear Nor. Delius:
As Mr. Kirchwey and I advised you yesterday,
we represent the parties who are acquiring the apartment
house development, known as Larchmont Acres, on Richbell
Road, in the Town of Mamaroneck.
As you know, a number of the tenants in this
development have been in the habit of leaving their cars
in Richbell Road. To relieve that situation, our clients
have obtained an option on adjoining property to the
southwest. The property covered by this option is traced
in red on the survey enclosed herewith.
This property would be very well suited for
parking and garage purposes in connection with Larchmont
Acres; in fact, I understand that some of the garages
actually constructed on the Larchmont Acres property abut
the optioned premises .
The one difficulty is that the optioned premises
are in an "Al' district under your zoning ordinance.
As I understand it, in order to carry out our
plan, it will be necessary for the following steps to
be taken:
1. The zoning ordinance would have to be
amended so as to change the property in question
from an "A" district to a "B" district.
2. Under Section 9 of the old ordinance (or
Section 7 of the new ordinance) , the concurring vote
of four members of the Board of Appeals must be
am
obtained for the erection of garages for the exclusive
use of the occupants of Larchmont Acres.
We shall be greatly obliged if you will discuss this
matter with the Town officials and let us have their reaction
to this proposal.
Pursuant to arrangement, Mr. Kirchwey will attend the
meeting of the Town Board next Wednesday evening and will
be prepared to discuss the matter at that time.
Unless renewed, our option expires by its terms
March 17, 1942•
I might add that an inspection of the premises indicates
that there are very few improvements, if any, in the neigh-
borhood which would be at all affected by the proposed change;
furthermore, the nature and location of the restrictions
imposed for the "An district, is highly improbable.
Very truly yours,
/s/ Irving M. Engel
Mr. Karl W. Kirchwey appeared at the meeting and discussed
the matter with the Town Board and it was decided to defer action
until Mr. Kirchwey could clear up some details.
The Supervisor recommended approval of payment of the
following tax arrears and on motion by Councilman Mandeville, seconded
by Councilman Griffin, it was unanimously
RESOLVED, that the Receiver of Taxes and Assessments
be and he hereby is authorized, empowered and directed
to accept payment of the following taxes on the follow-
ing described property, the liens for which are held by
the Town, at the face amount of the liens, provided pay-
ment is made within thirty days:
The Town Attorney approved and presented Globe Indemnity
Company Bond No. A-315438, naming Leo N. Orsino, Assistant Receiver
of Taxes, as Principal, in the penal sum of $10,000.
On motion by Councilman Mandeville, seconded by Councilman
Griffin, it was unanimously
RESOLVED, that the Globe Indemnity Company bond
No. A-315438, naming Leo N. Orsino, Assistant
Receiver of Taxes and Assessments, as Principal,
in the penal sum of $10,000 be and it hereby is
approved.
--- The report of The County Transportation Company, Inc. for
the year ending December 31, 1941, prepared in accordance with the
terms of consent granted by the Town of Mamaroneck and as prescribed
in the twenty-fifth paragraph, together with a check in the amount of
$188.52, was received and filed.
The annual report of the Town Clerk for the year 1941 was
received and filed.
The following monthly reports were received and filed:
(1) Report of the Receiver of Taxes for the month of January, 1942;
Tax
Sale
Amount of
Section Block
Lot
Year
Year
Lien
4
28
2B,3A
1939
1940
$157.24
1940
1941
160.05
4
23A
2B
1936
1937
17.85
4
23A
3C
1939
1940
502;88
1940
1941
505.21
(Block
407,
Parcel 257)
The Town Attorney approved and presented Globe Indemnity
Company Bond No. A-315438, naming Leo N. Orsino, Assistant Receiver
of Taxes, as Principal, in the penal sum of $10,000.
On motion by Councilman Mandeville, seconded by Councilman
Griffin, it was unanimously
RESOLVED, that the Globe Indemnity Company bond
No. A-315438, naming Leo N. Orsino, Assistant
Receiver of Taxes and Assessments, as Principal,
in the penal sum of $10,000 be and it hereby is
approved.
--- The report of The County Transportation Company, Inc. for
the year ending December 31, 1941, prepared in accordance with the
terms of consent granted by the Town of Mamaroneck and as prescribed
in the twenty-fifth paragraph, together with a check in the amount of
$188.52, was received and filed.
The annual report of the Town Clerk for the year 1941 was
received and filed.
The following monthly reports were received and filed:
(1) Report of the Receiver of Taxes for the month of January, 1942;
(2) Report of the Building Inspector for the month of Janu-
ary, 1942; (3) Report of the Plumbing Inspector for the month of
January, 1942; (4) Report of the County of Westchester Department of
Health for the month of December, 1941.
At 11:45 P.M. the Board unanimously resolved to adjourn.
Town Clerk