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HomeMy WebLinkAbout1961_08_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD AUG. 23, 1961, IN THE COURT ROOM OF POLICE HEADQUARTERS , 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK CALL TO ORDER George Schuler, acting chairman, called the meeting to order at 8:00 p. m. PRESENT: A. E. Wullschleger, Chairman George Schuler Sydney Bierman Laurence Sobel Richard Eggers ALSO PRESENT: John L. Delius, Town Attorney ANNOUNCEMENT Mr. Wullschleger, Chairman, requested Mr. Schuler to be Acting Chairman MINUTES At the request of Mr. Bierman action on the minutes of the meeting held July 26, 1961 was delayed to later in the meeting. 65 PALMER AVENUE Robert B. White, Esquire, representing Howell Park Association, stated that a motion had been made to the Appellate Division to re-open the case on 65 Palmer Ave. He further stated that this motion is returnable in the early part of September and requested that this matter be adjourned to the meeting of the Board on Sept. 27, 1961. 276 After some discussion the Board granted the adjournment. OLD BUSINESS---APPLICATION of ELISE CONNERS ALLEN Case 97 Mr. Schuler stated that the first application to be considered would be that of Mrs. Allen which had been ad- journed from the meeting of July 28, 1961. Mr. Schuler then asked if any person present wished to address the Board and the following persons were heard: For Appellant: Burton Meighan, Esquire 100 Mamaroneck Ave. Saverio Luceno 1506 Urban St. , Mam'k. In Opposition: None Mr. Meighan, representing Mrs. Allen, appeared and stated that as the Board had requested Mr. Luceno, the builder was now present. Mr. Eggers questioned Mr. Luceno about the plan he had used for the house and asked if it was not the same one he had used for other houses. Mr. Luceno answered in the affirmative and said he did not realize there was anything wrong in this. Mr. Sobel and Mr. Bierman also questioned Mr. Luceno and pointed out that no plans were attached to the contract of sale for the house and that plans were filed for the house after the contract of sale had been signed. Following a lengthy discussion, on motion by Mr. Eggers, seconded by Mr. Wullschleger, the following resolution was adopted: WHEREAS, Elise Conners Allen has submitted an application for a building permit to the Building Inspector for the construction of a porch 15 ft from the rear property line; 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- 277 inance of the Town of Mamaroneck with particular reference to Article IV, Section 410, Schedule of Residence District Regulations, which provides for rear yards, side lines, etc. ; and WHEREAS, Mrs. Allen has submitted to this Board an application for a variance on the ground of prac- tical difficulty and/or unnecessary hardship for the following reasons: 1. Porch under construction was not part of the original contract, and the applicant did not know that the builder had failed to include it in the plans submitted with the application for a building permit. 2. See pictures and statement attached to application. and WHEREAS, this application came to be heard on July 2'6, 1961, at which time it was adjourned; and WHEREAS, this application came to be heard on August 23, 1961; and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following: (a) There are special circumstances and conditions applying to the building for which a variance is sought which circumstances and/or conditions are peculiar to such building and do not apply generally to the buildings in the district, and which circum- stances 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: 278 1. The porch under construction was part of original contract, and the applicant did not know that the builder had failed to include it in the plans submitted with the application for a building permit 2. Porch is now under construction 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 the building and that for these reasons the granting of the variance is necessary for the reasonable use of the building 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 this Ordinance andwill not be injurious to the neighborhood or otherwise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV, Section 410 be varied and modified so as to allow the construction of a porch 15 feet from the rear property line instead of the required 25 feet on premises located on the southerly side of Country Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320, Parcel 56, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. 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 months of the filing of thi s resolution with the Town Clerk. A building permit shall be void if construction is not started within 6 months or completed within 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. 279 The vote on the foregoing resolution was as follows: Mr. Wullschleger Aye Mr. Schuler Aye Mr. Eggers Aye Mr. Bierman Naye Mr. Sobel Naye OLD BUSINESS--APPLICATION of OWEN A MANDEVILLE The secretary read a letter from William A. Cannella , agent for O. A. Mandeville, asking that this application be withdrawn. HEARING The Chairman asked the secretary to read the first appli- cation, which after presentation of the affidavit of publication of the notice in the official newspaper of the Town of Mamaro- neck, The Daily Times, on August 16, 1961, was read as follows : APPLICATION NO. 1 --ARTHUR G. HASLAM---Case # 101 Application of Arthur G. Haslam for modification of Article IV, Section 444, Conforming as to Use, so as to make the present building conform with the Zoning Ordinance of the Town of Mamaroneck on premises located at 188 Weaver Street and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 216, Parcel 410, on the ground of practical difficulty and/or unnecessary hardship. The Chairman asked if any person present wished to address the Board either in favor of or in opposition to this application and the following persons were heard: For Appellant: Milton Gurwitz, Esquire 21 E. 40th St. , New York In Opposition: None Mr. Gurwitz, representing Mr. Haslam, appeared and stated that Mr. Haslam had sold the property at 188 Weaver Street and would like the Board to grant this application so that the house would be conforming under the present Zoning Ordinance. He pointed out that when the addition to 280 to the house was made it did not violate the then existing Ordinance. Following some discussion, on motion by Mr. Eggers, seconded by Mr. Wullschleger the following resolution was unanimously adopted: WHEREAS, A. G. Haslam has submitted an application to the Zoning Board of Appeals so as to make the present building located at 188 Weaver Street, known on the Tax Assessment Map of the Town of Mamaro- neck as Block 216, Parcel 410 conform with the present Zoning Ordinance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. When the building was extended on south side in 1953 there was no sideline violation. 2. When this addition was made, property was in single ownership. 3. Since then property came into separate ownership thus causing violation of side line set-back on southerly side line. and WHEREAS, this Board has examined the property and has heard all persons interested in this ap- plication 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 building for which a variance is sought, which circumstances and/or conditiiwns are peculiar to such building and do not apply generally to the buildings 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: 281 1. When the building was extended on south side in 1953 there was no sideline violation. 2. When the addition was made property was in single ownership. 3. Property is now in separate ownership which said circumstances and/or conditions are such that the particular application of Article IV, Section 444 would deprive the applicant of the reasonable use of such building and that for these reasons the granting of the variance is necessary for the reasonable use of the building 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 this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and it is ® FURTHER RESOLVED that a variance is hereby granted to the applicant and that Article IV, Section 444, Conforming as to Use, be varied and modified so that the premises located at 188 Weaver Street and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 216, Parcel 410 will be conforming. FURTHER RESOLVED that this resolution be filed with the Town Clerk in accordance with Section 267 of the Town Law. COMMUNICATIONS: Wm. S. Brill for Guglielmo William S. Brill, Esquire, addressed the Board and referred to a letter sent to the Board July 28, 1961, objecting to their decision on an application of Mrs. R. Bruno, made at the meeting of July 26, 1961. Mr. Forbes, attorney for Mrs. Bruno, stated that he felt the Board was quite within their rights when they rendered their decision. At this time Mr. Bierman moved that the minutes of the meeting of July 26, 1961, be accepted as presented. Mr. Eggers 282 seconded the motion and the minutes were accepted by unanimous vote thus legalizing the Board's action. LLOYD HARRIS Lloyd Harris appeared and asked that the Board extend the Building Permits for four houses he wishes to build on Cargill Road. He was advised by the Board and Mr. Delius, Town Attorney, that this was not within the Board's jurisdiction. He also was told to apply for new permits for two houses he has started to construct on Weaver Street. LARCHMONT COUNTRY CLUB DINER Mr. Delius, Mr. Eggers and Mr. Bierman stated that the Larchmont Country Club Diner had made no move to conform with the provision of a variance granted more than a year ago. The Board members said that the use of the back lot for parking should be stopped. Mr. Delius stated that as soon as Mr. Paonessa, Building Inspector, returned from vacation this matter will be taken care of. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:30 p. m. fat-tit AgOvi-YZ-77-06C-7L---ry Ruth Dammann, secretary 283