HomeMy WebLinkAbout1939_04_11 Town Board Minutes SPECIAL MEETING OF THE TOWN BOARD
TOWN OF MAMARO NECK, NEW YORK
HELD APRIL 11, 1939
At the Town Offices, 158 'Nest Boston Post Road, Mamaroneck, N . Y.
The meeting was called to order by Supervisor McCulloch
at 4: 30 P . M.
Present: Supervisor McCulloch
Councilmen Bates, Griffin, Mandeville
Absent: Councilman Ileginniss
The presence was also noted of Town Clerk Payne and Town
Attorney Delius.
The Supervisor stated that the purpose of the meeting was
to discuss the application of The Warranty Realty Company for the
change in the zoning restrictions of their property fronting on
Mamaroneck Avenue near the Westchester Joint Water Works, No. 1
reservoir.
Austin K. Griffen, attorney, appeared on behalf of The
Warranty Realty Company.
The Supervisor referred to a joint conference of the Town
Board, the Torn Board of Appeals for Zoning, the Board of Trustees
and the Zoning Board of Appeals of the Village of Mamaroneck, held
April 1, 1939, and presented the following letters:
(1) A letter dated April 8, 1939, received from A. Stirling
Smith, Chairman of the Board of Appeals for Zoning of the Town of
Mamaroneck, which reads in part as follows:
"In view of the general discussion the members of our
Board had with your Board last Saturday, wherein it was agreed
that if the Village of Mamaroneck did not change the zoning thus
permitting the 'Narranty Realty Company to erect multiple dwellings
on their property located within the Village that it would be agree-
able to our Board to change the classification on their property
lying in the Unincorporated Section from IFp to TB° so it would
correspond with the zoning in the Village. 1°
(2) A letter dated April 7, 1939, received from F. H. Bull,
Jr. , Treasurer-Clerk of the Village of lamaroneck, which reads
in part as follows:
"After giving the matter further consideration, each
member of the Board informally expressed the view that there
would be no change in zoning affecting the property involved
in the project contemplated, and that a permit will be issued
by the proper official for the construction of these buildings,
providing the provisions of the Building Code and Zoning Ordi-
nance are fully complied with. "
Following a lengthy discussion, the Supervisor advised
Mr. Griffen that he was under the impression that all tax arrears
on the property would be cleared up; also that the question con-
cerning the taxes was getting to the point where it would have
been necessary for the Town to foreclose the property.
Mr. Griffen assured the Supervisor that the taxes would
be paid on that part of the property where the buildings are to
be constructed and that the taxes on the remainder would be paid
at some later date.
On motion by Councilman Bates, seconded by Councilman
Griffin, the following resolution was unanimously adopted:
WHEREAS, the following described parcel of land in
the Town of Mamaroneck is located in an area defined
under the Zoning Ordinance of the unincorporated part
of the Town of Mamaroneck, Westchester County, New
York, as "unclassified". to wit:
ALL that certain plot, piece or parcel of
land situate, lying and being in the Town of
Mamaroneck, County of Westchester and State of
New York, bounded and described as follows:
On the north by land known as Saxon Woods Park
and land of Westchester Joint Water Works No. 1;
on the east by Mamaroneck Avenue and the Village
of Mamaroneck; on the south by the Village of
Mamaroneck; and on the west by land known as
Saxon Woods Park; otherwise known as Section 3,
Block 16B, on the Tax Map of the Town of Mama-
roneck; and
WHEREAS, The Warranty Realty Company, the owner of
said premises, has by petition dated February 21st,
1939, made application to the Town Board of the Town
of Mamaroneck, praying that the conditions and re-
strictions of said 'Zoning Ordinance, now applicable
to the area aforesaid, be modified or otherwise
released so as to allow the erection and maintenance
thereon of apartment houses or other multi-family
houses, together with garages used in connection
therewith, as permitted in residence districts desig-
nated "B" as defined by said Zoning Ordinance; and
WHEREAS, power is vested in the Town Board of the
Town of Mamaroneck, pursuant to Section 7 of the
Zoning Ordinance aforesaid, to modify or release
conditions and restrictions affecting "unclassified
districts"; and
WHEREAS, the Town .Board of the Town of Mamaroneck
has carefully considered the proposed use to which
said area is to be put;
NOW, THEREFORE, BE IT
RESOLVED, that pursuant to Article 1, Section 7
of the Zoning Ordinance of the Town of Mamaroneck,
the conditions and restrictions applicable to
residence districts designated "A" which now
apply to the property above described and which
is contained within an "unclassified or F" district
are modified and released to the extent only of
permitting the erection of multiple family dwellings
occupied as a home or residence for three or more
families living independently of each other, including
apartment houses and other buildings so occupied,
subject however to all of the following restrictions:
I. RESTRICTIONS AS TO HEIGHT
No building or buildings shall be erected to exceed
three stories, or more than thirty-eight feet from
grade line, in height as defined by the Zoning
Ordinance of the Town of Mamaroneck.
-- II . RESTRICTIONS AS TO AREA
Percentage of Lot Occupancy. No building or buildings
shall occupy more than forty percent of the lot area.
,Set Back. All parts of a building shall be set back
rty feet from public street or highway.
N
Rear Yards. Rear yards are required and shall be
at eas .venty feet deep behind a building or .rear
projection.
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 fifteen
feet from any side lot line. Open spaces between
parts of buildings on the same plot shall be not less
than twenty feet in width in the case of buildings
2 1/2 stories or less in height; not less than twenty-
five feet in width with respect to a three story building,
wherever such intervening open spaces are the sole means
of bringing adequate exterior light and air to windows
of a living or sleeping room. 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 may be erected within a
side yard provided they do not exceed ten square feet
in horizontal external cross section and do not obstruct
free ventilation.
A fire escape or an outside stairway, 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
(except a retaining wall) shall be more than four feet
high unless the part above such height be not more
than one-quarter solid in which case the total height
shall not exceed ten feet.
Courts. An open space to be called a "court" and
conforming to the provisions of this Section shall be
provided wherever any room in which persons live, sleep
or congregate, cannot be adequately lighted or venti-
lated from the street or yard.
A minimum width and area of courts shall conform to
the following:
For a building three stories, minimum width twenty-
five feet, minimum area 1250 square feet.
For a building two and one-half stories or less,
minimum width twenty feet, minimum area 800 square feet.
No fence or wall (except a retaining wall) more than
four feet high unless one-quarter solid above such
height, shall exist within the limits of any required
lot line court where such fence or wall is distant
less than two and one-half feet from any lot line
provided the total height of such wall does not exceed
ten feet.
III . APPROVAL OF GARAGES BY TPA. BOARD OF APPEALS
A garage for more than three motor vehicles may be
permitted for the exclusive use of the occupants
of a multiple family dwelling, if erected on the same
lot or plot of land with such dwelling, by the con-
curring vote of four members of the Board of Appeals
appointed by this Board pursuant to authority granted
by Article 16 of the Town Law.
FURTHER RESOLVED, that except as modified by this
resolution, all restrictions with regard to use,
height, area and any and all other restrictions
whatsoever contained in the Zoning Ordinance of the
Town of Mamaroneck now in effect, shall continue
to apply to the above described property or premises.
IN
FURTHER RESOLVED, that all residence or multiple
family dwellings erected pursuant to this consent
or permit shall comply in all respects with the ex-
isting provisions of the Plumbing and Building
Codes of the Town of Mamaroneck and shall be subject
to the approval of the Plumbing Inspector and Build-
ing Inspector in accordance with the authority now
vested in them by the Town Law and Plumbing and Build-
ing Codes respectively, except as herein modified.
FURTHER RESOLVED, that this consent is given only
upon the express conditions
(a) that plans and specifications conforming in
all respects to Zoning Restrictions (except as
modified. by this Resolution) , and conforming to
provisions of the Building and Plumbing Codes,
are filed as provided in the Building Code not later
than one year from the date of this Resolution;
(b) that construction pursuant to such plans and
specifications be commenced within 60 days thereafter;
and
(c) that such construction be at least ninety per
cent completed within one year after such construction
has been commenced.
At 5;15 P. M. the Board unanimously resolved to adjourn.
"76—CZclo-'2;�1
Town lerk