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HomeMy WebLinkAbout1922_12_06 Town Board Minutes Meeting of the Town Board TOWN OF MAMARONECK, held, December 6th, 1922. The meeting was called to order by Supervisor Burton at 11.05 P.M. PRESENT: Supervisor Burton, Justices Collins and Dudley, Town Clerk Sherman, Counsellor Gamble. Upon motion, it was Voted to dispense with the reading of the minutes of meetings not yet approved. The foliowing communication was received from the Board of Appeal which was ordered received, read, spread upon the minutes and is us follows: BOARD OF APPEALS TOWN OF MAMARONECK November 28, 1922. Mr. F. M. Sherman, Town Clerk, 8 Elm Street, Mamaroneck, N.Y. Dear Mr. Sherman: At a Meeting of the Board of Appeals held on November 23 at its offices, 8 Elm Street, Mamaroneck, the following res- olutions were adopted: RESOLVED, that the appeal of Vincent L. Stouter to erect a two family residence on the east side of Locust Terrace Dillon Park within thin fifteen feet of the street line be adjourned to December 7. RESOLVED, that the Board of Appeals recommend to the Town Board the amendment of Article 2, Section 3 of the Zoning Ordinance by the creation of a new classification to be known as an A2 district, in which district the erection of two family residences shall be permitted with all the other restrictions appertaining to an A district. Said district shall include the property fronting on Parkland avenue, Locust Terrace, Edgewater Place and that part of the east side Of Premium River Road lying between Edgewater Place and Boston Post Road. RESOLVED, that the Board Of Appeals recommend to the Town Board that the appeal of Frederick R. Finlay to erect a one family residence the intersection of Rockingstone and Valley Roads, Woods of Larchmont, within twenty feet of the street lines be granted and the decision of the Building Commission be reversed. Yours very truly, Sgnd, Richard W. Hill, Secretary, Board of Appeals. Mr. Harrisson of the Board of Appeals as present and explained to the Beard the nature of the communication. The following resolution was offered and unanimously adopted. WHEREAS, the Board of Appeals of the Zoning Commission has acted upon and have recomm- ended to the Town Board that the appeal of Frederick Finlay for the erection of a one family residence at the intersection of Rockingstone and Valley Roads, Woods of Larchmont, within twenty feet of the street lines be granted and that the decision of the Building Commission be reversed, there fore be it RESOLVED, that the Town Board pursuant to Article 5, Section 26 of the Zoning Ordinance of the Town of Mamaroneck, hereby consents to and confirms the action of the Board of Appeals in reversing the decision of the Building Commission and be it further RESOLVED, that the Town Clerk sign for the Secretary of the Board of appeals, a certif- ied copy of this resolution. Upon the written recommendation of the Board of appeals established and appointed pursuant to the Zoning Ordinance of the Town of Mamaroneck- It was, upon motion of Mr. Justice Dudley and seconded by Mr. Justice Collins, RESOLVED, THAT the Zoning Ordinance of the unincorporated part of the Town of Mamaro- neck, Westchester County, New York; An ord- inance adopted by the Town Board of the Town of Mamaroneck, New York, at a meeting held on June 21st, 1922, by virtue of the power vester in said Town Board under the provisions of Chapter 322 of the laws of 1922, to establish building lines on any property fronting or adjoining any public streets, and require all buildings here- after erected to be within such lines, to regulate and restrict the location of trades and industries and the location of buildings designed for special uses, to regulate and limit the height, and bulk of buildings hereafter erected, to regulate and determine the area of yards, courts and other open spaces surrounding buildings and to establish the boundaries of districts for the said purposes and to provide penalties for the violation of its provisions- be am- ended as follows: 1. That Section 2 of Article 11, USE DISTRICTS be amended so as to read as follows: Section 2. Classes of Use Districts: For the purpose of regulating and restricting the location of trades and industries and the location of buildings designed for specified uses the unincorporated part of the Town of Mamaroneck is hereby divided into six classes of districts; first, A- Residence Districts; second, A2- Residence Districts; third, B Residence Districts; fourth, C- Business Districts; fifth, D- Commercial Districts; sixth, E- Industrial Districts, as shown on the map which accopmpanies this Ordinance and which is hereby declared to be and is made a part thereof. The Use Districts des- ignated on said map are hereby established. The District Map designations which accom- pany said use District Map are hereby de- clared to be a part thereof. No building or premises shall be erected, altered or used for any purpose other than a purpose permit- ted in the Use District in which said build- ing or premises is located, except as herein provided. 2. That Section 3 of Article 11, USE DISTRICTS be amended so as to read as follows: Section 3. Residence Districts: Classes A, A2, And B. In a residence district, no building or premises shall be used and no building shall be erected, which is arranged, intended or designed to be used, except for one or more of the following uses: 1. Dwellings or tenements, including the office of a physician, surgeon or dentist, when sit- uated in the same dwelling or tenement used by such person as his private dwelling. 2. Boarding Houses. 3. Churches, 4. Clubs, excepting clubs, the chief activity of which is a service customerily carried on as a business. 5. Farming, truck gardening, nurseries and green- houses. 6. Railroad passenger stations. 7. Schools, libraries or public museums. 8. Accessory uses customarily incdicent to the above uses, the term accessory use, however, not in- cluding a business or any building or use not located on the same lot with the building or use to which it is accessory, a garage or stable shall be permitted as per sect- ion 9 of this Ordinance. 9. In the district designated "A" on the map men- tioned in this Ordinance, no building or prem- ises shall be used and no building shall be ere cted which is arranged, intended or designed to be used as a 2 family house, tenement or hotel. 10. In the district designated "A2" 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 de- signed to be used as a house for more than two families or as a tenement house or hotel. 3. That Section. 10 of Article 111, Area Districts be amended to read as follows: Section 10 - Area Districts: For the purpose of regulating and determining the area of yards, courts and percentage of lot which may be occupied by buildings hereafter erec- ted or enlarged, the unincorporated part of the Town of Mamaroneck is hereby divided into six area districts, namely, A, A2, B, C, D and E, as shown on the area district map, which together with the designations shown thereon, is hereby declared to be and is hereby made a part of this ordinance and the area districts designated on said map are hereby established. Except, as herein- after provided, no building shall be erected, nor shall an existing building be structur- ally altered, enlarged or rebuilt, except in conformity with these regulations . No lot area shall be so reduced or diminished in area that the yards, courts or open spaces shall be smaller, nor the number of families occupying a given area be greater, than prescribed by these regulations. Except as otherwise provided in this article, every room in which persons, live, sleep, work or congregate, shall have at least one window or ventilating skylight, opening directly, either upon the street or upon a rear yard, side yard, outer or inner court located on the same lot and conforming to the require- ments prescribed by this ordinance as to its minimum area and least dimensions. 4. That Section 2 of Article 111 Area Districts be amended so as to read as follows: Section 2. Area Districts: Classes A and A2. In these area districts the set back and min- imum 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 30 feet of any street line, ex- cept that on corner lots such buildings may be set back a less distance from the side street, upon the joint consent of the Board of Appeals and the Town Board. REAR YARDS: There shall be a rear yard having depth of not less than fifteen percent of depth of the lot. This yard need not exceed twenty five feet in depth, provided it has a depth of not less than five inches for each foot of building height. SIDE YARDS: Two side yards shall be provided at the curb level of every lot. The least is 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 shell 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 re- quired least dimension. PERCENTAGE OF LOT OCCUPANCY: No building with its accessory building, shall occupy in access of forty percent of the area of an interior lot, nor in excess of fifty percent of a corner lot. 5. That Section 12 of Article 111, Area Dists. be amended so as to read as follows: Section 15. NUMBER OF FAMILIES HOUSE PER ACRE. In the A and A2 districts, no dwell- ing shall hereafter be erected or altered to accomodate 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 ex- ceed the integral number obtained by mul- tiplying the acerage of such plot, exclus- ive of the area within the street line, by ten. The limitations imposed by this section shall, however, not prohibit the erection of a one family house on any lot which is an owner's entire contiguoas holding, con- taining, at the time of the passage of this ordinance, an area of less than one-tenth of an acre. In the B, C, D and E districts, no dwelling or tenement house shall hereafter be erected or altered to accomodate or make provisions for more than eighty families on any acre of land, nor more than a proportional number of families on a fractional part of any 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 eighty. 6. That Section 16 of Article IV Height Districts, be amended so as to read as follows: Section 16- Height District Regulations: For the purpose of regulating and limiting the height of buildings, the unincorporated part of the Town of Mamaroneck is hereby divided into height districts of which there shall be six known as follows: A and A2. The forty foot height districts. B. The fifty five foot height district. C. D. and E. The seventy foot height districts. The unincorporated part of the Town of Mamaroneck is hereby divided into the six districts aforesaid, and the boundaries of such districts are shown upon the map attached hereto and made a part of this ordinance, except, as dpecifically prov- ided, no building shall be altered, con- structed or raised, so as to exceed the height hereby established for the district wherein such building is located, and said map and all the notations, references and other items shown therein, shall be, as such, a part of this ordinance as though the matters and items set forth by said map were all fully describedherein. The height of such buildings is the vertical distance from the level of the curb opposite the middle of the front of the building to the top of the enclosure wall or to the highest point of the roof, provided incase by the amoint equal to the height of the terrace above the same curb level, but not to exceed five feet, and provided further more that where the level of the land by the amount equal to the height of the which shall be established or approved by the Town Board. The forty foot height districts are outlined on said map in clear space, and shall be known as height districts A and A2. The fifty foot height districts are outlined on said map in lines or symbols, shall be known as height districts B. 7. That Section 17 of Article IV, Height Districts be amended so as to read as follows: Section 17- Forty Foot Height Districts : A and A2 in the forty foot height districts no building shall be erected or altered to ex- ceed forthy feet or three stories and basement in height except as hereinafter provided. And be it FURTHER RESOLVED, that the Zoning Map, which, together with the designations shown thereon, accompanies the aforesaid ordinance and which is therein declared to be and is made a part theref, be and the same hereby is amended as follows: The District bounded on the north by Locust Terrace and a continuation of the center line thereof westwardly to the Boston Post Road, on the east by Edgewood Place, on the south by Premium River Road and on the west by the Boston Post Road is hereby eliminated and removed from "A" Residence Districts and is hereby designated and made a part of "A-2" Residence Districts herein created. And be it further RESOLVED, this Ordinance shall take effect immediately. And be it further RESOLVED, that the Town Clerk be and he hereby is authorized and directed to publish these resolutions in the Larchmonter Times, and the Richbell Pess, newspapers published in said Town and to post same in at least three public places in said Town, all in the manner provided in Chapter 322 of the Laws of 1922, and the cost of said publica- tions and posting is hereby made a proper Town charge. The question being taken upon the foregoing resolutions, some was upon ROLL CALL, unanimously adopted. The Committee taking up the question of the disputed New Rochelle and Town of Mamaroneck boundary line report progress. A communication was presented by Supervisor Burton from Police Officer Merola, which was received and read and upon motion, duly seconded, it was VOTED, that the matter be referred to the Police Commissioners and ask them to report their findings in the matter. Counsel reported in relation the petition for the purchase of a hook and ladder apparatus and upon motion duly seconded, it was VOTED, that Counsel be authorized and re- quested to prepare resolutions in connect- ion with same. Upon action: the meeting adjourned at 11.50 P.M. Frederick M. Sherman Town Clerk.