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HomeMy WebLinkAbout1960_04_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD APRIL 27, 1960, IN THE COURT ROOM OF POLICE HEADQUARTERS 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:00 p. m. PRESENT: A. E. Wullschleger, Chairman George Schuler Sydney Bierman Laurence Sobel ALSO PRESENT: William J. Paonessa, Building and plumbing Inspector ABSENT: Philip Corby MINUTES The minutes of the meeting of March 23, 1960 were approved as presented. HEARINGS The secretary presented the affidavit of publication of notice of hearings as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on April 20, 1960. The chairman declared the hearing open and requested the secretary to read the first application. 124 APPLICATION NO. 1---MAURY MEDWICK Case # 62 Application of Maury Medwick for modification of Article IV, Section 400. 10 of the Zoning Ordinance of the Town of Ma- maroneck so as to allow the remodeling of an existing building for the purpose of an accessory use on the premises located at 1005 Fenimore Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 202, Parcel 30, on the ground of practical difficulty and unnecessary hardship. The Chairman asked if anyone present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Maury Medwick 1000 Fenimore Road In Opposition: None Mr. Medwick submitted the plan for the proposed building and explained that they would like to use this building to house their domestic help as they have no adequate facilities on the side of Fenimore Road where their house is located. The Board questioned Mr. Medwick as to how many people he would expect to house in the proposed building and Mr. Medwick replied that it would be for two people only. Following some further discussion on motion by Mr. Bierman, seconded by Mr. Wullschleger the following resolution was unanimously adopted: WHEREAS, Maury Medwick, has submitted an application for a building permit to the Building Inspector for the construction of an accessory building, together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that the plans sub- mitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Article IV, Section 400. 10 which deals with the location of accessory buildings; and 125 WHEREAS, Maury Medwick has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Fenimore Road divides the property owned by Mr. Medwick. 2. No suitable facilities are available for accessory use on property located at 1000 Fenimore Road and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons inter- ested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following: (a) That there are special circumstances and conditions applying to the land and building for which a variance is sought, which circumstances and/or conditions are peculiar to such land and building and do not apply generally to the land or buildings in the district, and which circumstances and conditions have not resulted from any acts of the applicant subsequent to the dated of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/orconditions are as follows: 1. Mr. Medwick's property is divided by Fenimore Road 2. No available space on side of road where home is located. which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Article IV, Section 400. 10 would deprive the applicant of the reasonable use of such building and land and that for these reasons the granting of the variance is necessary for the reasonable use of the building and land and that the variance as granted by the Board is the minimum adjustment that will accomplish this purpose. (c) That the granting of this variance will be in harmony with the general purposes and intent of 126 this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and it is FURTHER RESOLVED that Article IV, Section 400. 10 pf the Zoning Ordinance of the Town of Mamaroneck relating to the location of accessory buildings on premises located at 1005 Fenimore Road and known on the Tax Assessment Map of the Town of Mamarnneck as Block 202, Parcel 30, be varied and modified so as to permit the construction of an accessory building on premises other than where the main house is located, in strict accordance with the plans filed with this application, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck and subject to the following condition: 1. That subject building will be used for the accessory use of a dwelling of not more than two (2) domestic employees employed by the applicant at his residence located on Block 302, Parcel 1 and it is FURTHER RESOLVED that in accordance with the Rules and Regulations of the Zoning Board where a variance is granted the applicant shall obtain a building permit within three (3) months of the filing of this resolution with the Town Clerk. A building permit shall be void if construction is not started within a period of 6 months or completed within a period of two years of the date of said permit. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The Chairman requested the secretary to read the sixth application. APPLICATION NO. 6---FRANK J. FRAIOLI, POST LODGE Case # 64 Application of Frank J. Fraioli for modification of Article IV, Section 410, "Schedule of Permitted Uses in Business District", so as to permit the erection and illumination of a sign on premises located at 1262 Boston Post Road and known on the Tax 127 Assessment Map of the Town of Mamaroneck as Block 407, Parcel 192, on the ground of practical difficulty and un- necessary hardship. The chairman asked if anyone present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Frank J. Fraioli 1262 Boston Post Road Larchmont, NY In Opposition: None Mr. Fraioli appeared and showed a drawing of the sign which had been erected contrary to the orders of the Building Inspector. Mr. Fraioli stated that he had had no knowledge that the company who erected the sign was violating any ordinance. He also stated that he did not know how the lighting could be concealed. Mr. Bierman asked what the parctical difficulty and was told that if the sign had to be set back to meet the Zoning Ordinance re- quirements ti would be concealed by two large treet. Following some further discussion and the statement by Mr. Schuler that he resented the fact that the orders of the Building Inspector had been ignored, on motion by Mr. Sobel, seconded by Mr. Schuler the following resolution was unanimously adopted: RESOLVED that decision on the application of Frank J. Fraioli for modification of Article IV, Section 410, "Schedule of Permitted Uses in Business District", be postponed until the next regular meeting of the Zoning Board of Appeals on May 25, 1960. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The chairman then requested the secretary to read the application for Mr. Munzenmayer which was number 7. APPLICATION NO. 7---WERNER MUN'Z.ENMAYER Case # 65 Application of Werner Munzenmayer for modification of 128 Article IV, Section 410, "Schedule of Regulations of the Zoning Ordinance of the Town of Mamarnneck, so as to permit the construction of a one car concrete block garage having a front setback of 18. 40 feet, rear yard of 24. 75 feet and side yard of 3. 0 feet on premises located at 80 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 406, Parcel 76 on the ground of practical difficulty and unnecessary hardship. The chairman asked if anyone present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Robert Freeman, Esquire 271 North Ave. , New Rochelle In Opposition: None Mr. Freeman, representing Mr. Munzenmayer, appeared and submitted the plans for the proposed garage. He explained that the existing garage is in very poor repair and inadequate for the modern cars of today. He also stated that there is no other feasible way of erecting a garage on the premises other than the means proposed. The secretary read a letter from James Mancusi, 62 Weaver Street expressing his approval of the application. On motion by Mr. Sobel, seconded by Mr. Bierman the following resolution was unanimously adopted: WHEREAS, Mr. Munzenmayer has submitted an application for a building permit to the Building Inspector for the construction of a one car concrete block garage, together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that the plans submitted failed to comply with the Zoning Ord- inance of the Town of Mamaroneck with particular reference to Article IV, Section 410, which provided for side yards, rear yards, etc. and WHEREAS, Mr. Munzenmayer has submitted to this Board an application for a variance on the 129 ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Present garage in poor repair and in- adequate for modern cars. 2. Size of plot prevents any other plan for a garage being feasible and WHEREAS, this Board has examined the plans and also has viewed the property and heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following: (a) That there are special circumstances and conditions applying to the land for which a variance is sought, which circumstances and/or conditions are peculiar to such land and do not apply generally to the land in the district and which circumstances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 1. Applicant needs to replace old garage which is in poor repair and inadequate for modern cars. 2. Size of plot maked this the only plan feasible. which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Section 410 would deprive the applicant of the reasonable use of such land and that for these reasons the granting of the variance is necessary for the reasonable use of the land and that the variance as granted by the Board is the minimum ad- justment that will accomplish this purpose. (c) That the granting of this variance will be in harmony with the general purposes and intent of this Ordinance and will not be in- jurious to the neighborhood or otherwise 130 detrimental to the public welfare; and it is FURTHER RESOLVED that Article IV, Section 410 of the Zoning Ordinance of the Town of Mamaroneck re- lating to "Schedule of Regulations" on premises lo- cated at 80 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 406, Parcel 76 be varied and modified so as to permit the construction of a one car concrete block garage having a front set back of 18. 40 feet, rear yard of 24. 75 feet and side yard of 3. 0 feet ,73 in strict accordance with the plans filed with this application, provided that the applicant complies 8 in all other respects with the Zoning Ordinance and a_ Building Code of the Town of Mamaroneck; and it is rY tom- FURTHER RESOLVED that in accordance with the Rules and Regulations of the Zoning Board, where a variance is granted, the applicant shall obtain a Building Permit within three (3) months of the filing of this resolution with the Town Clerk. A building permit shall be void if construction is not started within a period of 6 months or completed within a period of two years of the date of said permit. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The secretary then read the second application. APPLICATION NO. 2---LLOYD R. HARRIS Case # 63 Application of Lloyd R. Harris for modification of Article I31, Section 410, "Schedule of Regulations" of the Zoning Ordinance of the Town of Mamaroneck so as to permit the construction of a one family residence having a street frontage of 68 feet on premises located on Cargill Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 406, Part of Parcel 36 on the ground of practical difficulty and unnecessary hardship. The Chairman asked if any persons present wished to speak either in favor of or in opposition to this application and the 131 following persons addressed the Board: For Appellant: William S. Brill, Esquire 175 Post Road, Larchmont Lloyd R. Harris 98 Weaver St. , Larchmont In Opposition: Mr. Charles McCarty, President Howell Park Association 74 Howell Ave. , Larchmont Mr. Robert White 7 Hawthorne Road, Larchmont Miss M. Soriano 84 Weaver St. , Larchmont Mr. Brill, representing Mr. Harris, appeared and submitted plans for the construction of a one family house. He stated that this time he was not submitting a brief but wished all statements and arguments accompanying the two previous applications admitted to the record. Mr. Harris stated that he was most anxious for the Board to reach a decision as quickly as possible so that he could proceed with the installation of sewers. Mr. McCarty, speaking for the Howell Park Association, stated that in his opinion no practical difficulty or unnecessary hardship had been shown or proven. Mr. White state that he was in complete agreement. Mr. Sobel at that time addressed Mr. Brill and asked that his remarks be made a part of the record, the following is Mr. Sobel's statement. I would like you to know and for you to explain to your client, Mr. Harris, that the previous speaker appeared here tonight without any fore-knowledge on my part. Since I am a resident of Howell Park and was formerly a member of the Board of Directore of the Howell Park Association, I believe in all fairness that you should be acquainted with that fact. I will make my decision in this case according to my own dictates and my own conscience, but if you believe my residence in Howell Park or my former membership on the Board of Directors of the Asso- ciation will in any way prejudice your client, I 132 believe you should disqualify me fpem voting on the matter. If you do so, it would mean that the remaining three members of the Board would have to all vot unanimously for you to be granted a variance. Mr. Brill said that he appreciated Mr. Sobel's position but that he would not wish to disqualify him from voting as he was sure he vote in an unbiased manner. Miss Soriano, speaking for her father, stated that they were still opposed to the down zoning of this property and felt that the Zoning Ordinance which had been adopted in June of 1959 should be upheld. The secretary read a letter from James Mancusi, 62 Weaver Street stating that he was in favor of this application. Mr. Brill also submitted a paper bearing the signatures of six neighbors stating that they were in favor of this application. There followed a lengthy discussion and then upon motion by Mr. Bierman, seconded by Mr. Sobel the following resolution was adopted; RESOLVED, that this meeting be adjourned until Monday May 2, 1960 at 8"30 p. m. for the purpose of making a final determination of this matter. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 10:15 p. m. Ruth Dammann, Secretary 133