HomeMy WebLinkAbout1928_08_29 Town Board Minutes =v TTI TG OF I= TOW'T BOARD
T O ed T OF iv ROSd i.CI g N? y.
held August 29th, 1928.
- The meeting was called to order by Supervisor Burton
at M5 P. 1:1.
Preaents Supervisor Burton
Justices Boyd, Howell and Leeds
Counsellor Gamble
Upon moa:,icn, duly seconded, it was voted to dispense
with the reading of the minutes of meetings not yet approved.
In the absence of Town Clerk, Sherman, who was away
on vacation, it was, upon motion, duly seconded,
RESOLVED, that Counsellor Gamble act
as temporary clerk, pro tern of the
meeting.
The Clerk stated that pursuant to notice duly advertised
the Board should now consider the various applications and plans
for the building permits which had been denied as being in vio-
lation of the zoning ordinance.
After reading of the notice as advertised and after
discussing and reading various applications and for
building
permits before the Board; at which time the following appeared
before the Board in favor of or against certain applications ,to ,'tit.
Hr. Comeau; appeared in favor of application No. 1206.
hr. William A. Palmer appeared in favor of application
?o. 1224..
Lr.. He Andrew appeared in favor of application To. 1224.
to. Wesley X. 1'nessersmith, :-representing Hillside Holding
Corporation, appeared in opposition to application To.. 1224.
Hr. H. T. Brewer, representing the Westchester County
Park Commission, appeared in opposition to application ;o.. 1224.
Hr. E. G. Gibbons appeared in opposition to application
No. 1224.
LL-e. Perciasepe appeared infavor of alteration application
Kr. Norman Ile Glashan appeared in favor of applications
Nos. 1234 and 1238.
Mr. Wesley X. Hessersmith, representing Hillside 'folding
Corporation appeared in opposition to applications cos.. 1234 and 1238.
_'lam T®. B. Epstein appeared in favor of application To. 11828
heretofore laid over.
After considerable discussion of the various applications,
it was., upon motion., duly seconded.,
I
RESOLVED, FJI71ERAS, the Town Board of the
Town of Mamaroneck, has duly advertised
pursuant to law, a public meeting for the
purpose of considering certain applications
therein stated, made under the Zoning Ordin-
ance of the unincorporated part of the Town
of Mamaroneck, which applications are now
pending:; and
WHEREAS, the said Town Board having held _
said hearing and both parties having been
granted the privilege of appearing for or
in opposition of the granting of certain
applications as provided under the said
Zoning Ordinance and after due consideration,
therefore, be it
RESOLVED, that the 'Town Board of the To M
of hama-roneck, sitting jointly as a Board
of Appeals and as a 'Town Board, does '_Hereby
grant the following applications from the
decision of the Building Commission, which
decision is hereby reversed and does hereby
consent to the granting of the following
applications subject in each case to the
specific conditions and safeguards therein.
stated..
1. Application To. 1266 of C. Stewart Comeau;=, for the
erection of a one family dwelling and garage on the west side of
Glen Eagles Drive , 55 feet south from Locust Ridge Road, provided
that the building is erected not less than 5 feet from the south
side lot line ; and it was further,
R!'-SOLVED, that the following applications
be laid over for further consideration, at
a meeting to be held on September 12th, next:
1. Application To. 1224 of William A. Palmer, for the
erection of a public garage at the corner of 13adison Avenue anal
!Iyrtle Boulevard, within a C business district.
2. Application To. 107, moving and alteration, of C.
Perciasepe , for the removal to andaltering of a one family dwell'.
ing on the south side of Cabot Road, 275 feet from Vine Street
within 30 feet of the front lot line and w request for a change
in plan to allow the placing of a kitchen on the second floor
instead of the first floor as shown on said plans, which applic-
ation was referred to a committee consisting of Justices Leeds
and Howell for investigation and report.
4 ApplicationnYos. 1234 and 1238 of Norman Yc Glashan for
the erection of one family dwellings on the north side of Hazel
Street, west from hyrtle Place , within 30 feet of the front lot
line , which application was referred to a committee consisting of
Justices Leeds , and Howell, together with the Supervisor for invest-
igation and report.
4. Application No. 1182 of Barant Builders., heretofore laid
over, for the erection of a one family dwelling and garage on the
north side of Rockland Avenue , corner of Brookside Place , within
30 feet of the front lot. line..
The Clerk stated that pursuant to notice duly advertised,
the Board should now consider the application to re-zone as C
business district,
FALL these lots or parcels of land, fronting
on Fifth Avenue , from Kadison .Avenue , westerly
to the New Rochelle , Town of Tama.roneck boundary
line , same being now classified as B residential
district.
After reading of the notice as advertised and after
discussion and consideration, at which time Yr. H.. J. Brewer, rep-
resenting the Westchester County Park Commission, appeared before
the Board requesting that action upon said application be deferred,
it was, upon motion, duly seconde&
I
RESOLVED, that the application to re-zone
and re-classify all those certain lots or
parcels of land fronting on Fifth Avenue ,
from Eadison Avenue , westerly from the
few Rochelle , Town of hama.roneck boundary
line , the same being now classified and
zoned as Class B residential district to
re-classify and re-zone as class C business
district, be and the same is hereby laid
over for further consideration at a meeting
to be held on Se7ptercicer 12th, Eext .
Counsel advised the Board of receipt of letter from
the Westchester County Park Commission, pertaining to the sale of
bui 1ci ng s along the proposed ek Pe_
lam, Port Chester Parkway.
rkrav
.
The communication was ordered received and placed on file.
Counsel reported to the Board that the Town Clerk had
been served in an action with a writ of certiorari brought by
Frederick P. Boehm against the Town Board in connection 4:*ith the
zoning of certain property owned by him on the south side of Edger
wood Avenue , approximately 250 feet from Preston Street. He
stated that the action was brought after an application made by the
said Boehm for permission to erect a residence on a lot 25 feet by
100 feet, which did not comply with the zoning ordinance , had been
denied by the Town Board.
After discussion, upon :Lotion, duly seconded, it was
RESOLVED, that Counsel take such steps as
are necessary to protect the interests of
the Town Board in connection_ with said
litagatich.
Counsel reported to the Board that Nairadt & Blaney,
Attorneys, for the Larchoont `,-dater Company, had conferred with
the City= of Slew Rochelle and the Town of Hamaroneck for a declaratory
judgment against the City of New Rochelle in connection with
certain taxes heretofore paid to the City of New Rochelle levied
and assessed against the Larchmonj Water Company prior to the time
the Board of Supervisors of Westchester County fixed the new bound-
ary lime between the Town of Yamaroneck and the City of Yew Rochelle.
He stated that the said attorneys requested hire to give them, on
behalf of the Town of Lamaror_eck a Notice of Appearance , and that
he had advised them that he had no authority to do so without the
consent of the Town Board.. That it would simply obviate the nec-
essity of the Supervisor and Town Clerk being served in such action_,
and he saw no reason why their request should not be granted. He
further stated that it was his understanding from said attorneys that
the action was praEcated on the resolution renently adopted by the
Board of Supervisors ordering the City of "_few Rochelle to take the
necessary steps to repay the said amount tc the Larchmont dater
Company, and it ,was the intention of the Water Company to ask for
judgment against the Town of Kamaroneck..
Upon motion, duly seconded, it was
RESOLVED, that Counsel be and he hereby is
authorized, empowered and directed to execute
and deliver a Notice of Appearance in the
aforesaid action, and to accept service of
Summons and Complaint therein on behalf of
the Town of Iamaroneck, and thereafter to
take all such steps as may, in his judgment
be necessary or desirable to protect the
interests of the Town in said litigation.
Upon motion, the meeting adjourned at 11 P. E
T0 wn Clerk