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HomeMy WebLinkAbout1962_12_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD DECEMBER 26, 1962, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:00 p.m. PRESENT: Laurence J. Sobel, Chairman Sydney Bierman George Schuler ABSENT: Richard Eggers Richard I. Land ALSO PRESENT: William J, Paonessa, Building Inspector Councilman Joseph W. Cook, Jr. MINUTES The minutes of the meeting held November 28, 1962, were accepted as presented. ANNOUNCEMENT The Chairman announced that since there were only three Board members present a unanimous vote would be necessary to grant any variance, therefore, if any person resent wished to withdraw his ap- plication he might do so. HEARING The Chairman declared the hearing open and the secretary pre- sented the affidavit of publication of the notice of hearing as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on December 19, 1962. The Chairman requested the secretary to read the first appli- cation. APPLICATION NO. 1--GEORGE E. MILLS, SR.--Case 151 Application of George E. Mills, Sr. for modification of Article IV, Section 400.4, Subdivision of a Lot, and Section 410, 412 Schedule of Residence District Regulations, so as to allow the ,.. subdivision of an existing plot into two non-conforming parcels 1 and the construction of a one family dwelling having side yards of 7 feet instead of the required 8 and 10 feet on premises located on the northwest side of Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block ® 123, Parcel 20, on the ground of practical difficulty and/or wR' unnecessary hardship. W 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: V W For Appellant: William F. Campbell, Realtor 0Larchmont Acres Q W Thomas Guglielmo, Builder a' 109 Laurel Avenue c5 In Opposition: None OC Mr. Mills appeared and submittedplans for the 0 proposed dwelling. O He stated that he had owned this property since 1930 and now wished 03 to divided it into two separate parcels. In this way he would be able to realize some profit after years of paying taxes. Mr. Campbell ttated that he thought this move would be an asset '"` to the entire neighborhood and that it was a hardship for Mr. Mills ."' not to be able to dispose of this property. Mr. Sobel asked if a house could be built to conform to the Building Code. Mr. Mills answered in the affimative. Mr. Guglielmo, the builder for the proposed dwelling said that he would be willing to revise his plans and conform as much as possible to the Building Code. The Board said that if the plans could be changed they would be willing to have this case presented at the January meeting. Following some further discussion the following resolution was ® adopted: w w WHEREAS, George E. Mills, Sr. has submitted an application L for a building permit to the Building Inspector for the construction of a one family dwelling together with plans; and WHEREAS, the Building Inspector has refusedto issue such W permit on the ground that the plans submitted failed to ct la. 0 413 comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Section 410 of said Ordinance, which provides for side yards, etc. ; and WHEREAS, Mr. Mills has submitted to this Board an appli- cation for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Lot purchased in 1930 as an investment. 2. Surrounding plots all 50 x 100 and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons interested in this application after publication of a notice there- of, NOW, THEREFORE, BE IT RESOLVED that this Board denies the application upon the following grounds: 1. That there are no special circumstances or conditions applying to the land for which the variance is sought which circumstances or conditions are peculiar to such land and which do not apply generally to land in the district except those which have been brought about by the applicant subsequent to the date of the adoption of the Zoning Regulations appealed from. 2. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land and that the granting of the variance is not necessary for the reasonable use of the land. 3. That the granting of the variance would not be in harmony with the general purposes and intent of this Ofdinance and would be injurious to the neighborhood and detrimental to the public welfare. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The vote on the foregoing resolution was as follows: Sobel Aye Bierman Aye Schuler Naye The Chairman requested the secretary to read the next application. 414 rogoomft APPLICATION NO. 2--RUDY NOVAK--Case 152 Application of Rudy Novak for modification of Article IV, Section 410, Schedule of Permitted Uses in Business and Industry Districts, "Permitted Accessory Uses" so as to allow the installation of four roof signs on premises located at 1333 Boston Post Road, Larchmont, N.Y. and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 411, Parcel 119. The Chairman asked if any person present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Rudy Novak In Opposition: None Communications from Manny Lerman in Opposition 0 At this point Councilman Cook addressed the Board and pointed out the fact that a new sign ordinance was not' being studied and would in all probability be acted upon within the next 60 days. He further stated that he thought all concerned should familiarize themselves with this new sign ordinance. Mr. Noval agreed with Mr. Cook and said he was willing to 41) wait until a later date for hearing on his application. On motion by Mr. Bierman seconded by Mr. Sobel the following resolution was unanimously adopted: RESOLVED, that action on the application of Rudy Novak be adjourned to the meeting of this Board in April, 1963, to await adoption of the proposed Sign Ordinance. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. Mr. Sobel then announced that much against his better judgment, but at the request of the writer he would read the following letter into the record. Looman Associates Real Estate 420 Third Avenue New York 16, New York December 20, 1962 Laurence Sobel, Chairman Mamaroneck Zoning Board Mamaroneck, New York 0 Dear Mr. Sobel: I am enclosing a copy of the letter that I had to Supervisor 415 George D. Burchell, Hon. Hunter Meighan, Mr. Rosser Reeves, Hon. Peter F. Kane, Jr. Unfortunately, I had neglected to include and the other members of the Board and Town Council. I had taken it for granted that you and the Town Council were vehemently opposed to shanging a residential area into an industrial area. I and other residents of the area are of the understanding that we are trying to upgrade our Town not to downgrade it. I would also like to bring to your attention, Mr. Rudy Novak, in the past had received consideration before your Board and has abused these consideration. Tr. Novak has come before the Board on several occasions and each one is for the purpose of harming the neighborhood. I would appreciate the reading into the record both the letters enclosed, so as the Town of Mamaroneck residents will know what is taking place at the Zoning Board hearings. Sincerely yours, Manny Lerman 521 Eagle Knolls Road Larchmont, N.Y. encl: ML:es A copy of Mr. Lerman's letter to Supervisor Burchell, etc., is on file with the secretary of this Board in the Town Office. Mr. Sobel stated that his reluctance to read such letters was based on the fact that he would prefer anyone who objected to any application come before the Board and speak against such application. A letter from Charles R. Bragdon, 4 Rock Ridge Road, Larchmont stating that he was not opposed to the signs if they were turned off no later than 10:00 p.m. and a letter from Otto Scheuble and 3 other neighbors concurring with Mr. Bragdon were filed. These are also with the secretary at the Town Office. The secretary then read the third application. APPLICATION NO. 3--FRANK CASCIARO--Case 153 Application of Frank Casciaro for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to permit the construction of a one family dwelling having a front set back of 30 feet rather than the required 30 feet from Country Club Drive on premises located on the northerly corner of Country Club Drive and Ridgeway Road, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 229, Parcel 294 on the ground of practical difficulty and/or unnecessary hardship. r, 416 The Chairman asked if any person present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Frank Casciaro In Opposition: None Mr. Casciaro appeared and submitted plans for the proposed dwelling. He pointed out that this was a substandard plot and that the rock conditions of the plot make it almost impossible to position the house so that it would donform to the Zoning Ordinance. Following a brief discussion on motion duly made and seconded the following resoltuion was unanimously adopted: WHEREAS, Frank Casciaro has submitted an application for a building permit to the Building Inspector for the con- struction of a one family dwelling, 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 Ordinance of the Town of Mamaroneck with particular reference to Article IV, Section 410, which deals with front set backs, etc. ; and WHEREAS, Mr. Casciaro 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. Plot is substandard 2. Rocky conditions make it impossible to position house to conform to Zoning Ordinance and WHEREAS, members of this Board have examined the plans and also have viewed the property and had 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 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 dated of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 417 • 1. Lot is substandard 2. Rock condition makes it impossible to position house to conform to Zoning Ordinance, 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 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 this 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 the 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 410 be varied and modified so as to allow the construction of a one family dwelling having a front set back of 30 feet from Country Club Drive on premises located on the northerly corner of Country Club Drive and Ridgeway Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 229, Parcel 294, in strict accordance with the plans filed with this application and 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 Reg- ulations of the Zoning Board where a variance is granted the applicant shall obtain a building permit within three months of the filing of this 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 in Section 267 of the Town Law. OLD BUSINESS The secretary was requested to advise the School Board of the Town of Mamaroneck that at the meeting on January 23, 1963, the four applications of Mr. Harris for his property on Cargill Road would come up. The School Board is to be asked to send a representative to the meeting. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:00 p.m. Ptet gja72/,77 GC-72,y/__ Ruth Dammann, Secretary 418