HomeMy WebLinkAbout1961_12_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD
OF APPEALS OF THE TOWN OF MAMARONECK, HELD DE-
CEMBER 27, 1961 , IN THE COURT ROOM OF THE TOWN OF
MAMARONECK POLICE HEADQUARTERS, 11 EDGEWOOD AVE.
TOWN OF MAMARONECK.
CALL TO ORDER
The Chairman called the meeting to order at 8:00 p. m.
PRESENT; A. E. Wullschleger, Chairman
Sydney Bierman
Richard Eggers
ABSENT; George Schuler
Laurence Sobel
ALSO PRESENT; Thomas J. McEvoy, Town Assessor
MINUTES
The minutes of the meeting held November 29, 1961 ,
were approved as presented.
ANNOUNCEMENT
The Chairman announced that since there were only three
members of the Board present any person who desired to do
so could request that hearing on his application be postponed
to the next meeting as it would require a unanimous decision
to grant a variance.
65 PALMER AVENUE
Mr. James Johnston, representing Grew Properties, re-
quested the secretary to read a communication sent to the
Board asking that the application of the Howell Park Assoc-
314
iation be dismissed.
Mr. Robert B. White, representing the Howell Park Asso-
ciation asked that the matter be postponed to the January
meeting due to the fact that there only three members of the
Board present.
Mr. Johnston objected saying that there could be no more
appeals taken and that the Board had agreed to abide by the
decision of the Appellate Division.
Following further discussion on motion by Mr. Bierman,
seconded by Mr. Eggers the following resolution was unani-
mously adopted:
RESOLVED that action on the application of the Howell
Park Association be deferred, for all purposes, to
the meeting of January 24, 1962, provided that counsels
submit and exchange briefs on issue as to the juris-
diction of this Board to process the application further.
HEARING
The Chairman declared the hearing open and requested the
secretary to read the first application, which after presentation
of the affidavit of publication of the notice in the official news-
paper of the Town of Mamaroneck, The Daily Times, on De-
cember 18, 1961, was read as follows:
APPLICATION NO. 1- -ROSWELL C. NYE---Case 111
Application of Roswell C. Nye for modification of Article
IV, Section 410, Schedule of Residence District Regu-
lations, so as to permit the construction of a one family
dwelling having a street line frontage of 40. 76 ft. , in-
stead of the required 50 feet, on premises located on
the southerly side of Carleon Avenue, and known on the
Tax Assessment Map of the Town of Mamaroneck as
Block 404, Parcel 267, on the ground of practical
difficulty and/or unnecessary hardship.
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: Roswell C. Nye
315
.�. In Opposition: Mr. & Mrs. C. Greenleaf
9 Devon Road, Larchmont
Mr. & Mrs. A. Welty
5 Kenmare Rd. , Larchmont
Mr. Harry Nichols
53 Carleon Avenue, Larchmont
Mr. & Mrs. Price Topping
32 Carleon Avenue
Mr. Nye appeared and submitted plans for the proposed
building.
Mr. Eggers, speaking as an architect, stated that the plans
submitted were inadequate and that he felt that no action could
be taken at this time due to that fact.
Following some discussion, on motion by Mr. Eggers,
seconded by Mr. Bierman the application of Mr. Nye was
deferred to the meeting of February 28, 1962, at which time
the applicant is to have submitted adequate plans and speci-
fications. When this has been done the application will be re-
advertised at the Board's expense.
The secretary then read the second application.
APPLICATION NO. 2--MICHAEL TROTTA---Case 112
Application of Michael Trotta for modification of Article
IV, Section 410, Schedule of Residence District Regu-
lations, so as to allow the construction of a one family
dwelling in an R-6 zone having a lot area of 2725 sq. ft.
rather than the required 6000 sq. ft. , a front set back of 5. 0 ft.
rather than the required 30 ft. , side yard of 5. 0 ft. re-
quired minimum 8 ft. , floor area of 660 sq. ft. , rather
than the required 700 sq. ft. on premises located on the
southeast corner of Myrtle Boulevard and Weaver Street
and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 124, Parcel 510, on the ground of
practical difficulty and/or unnecessary hardship.
Mr. Trotta appeared and asked that action on his appli-
cation be deferred until the meeting of February 28, 1962.
The following persons registered their names in opposition
to this application:
In Opposition: H. J. Sauer
Sleepy Hollow Mobile Park
R D 1 Walden, New York
Gabriel Fay
316
50 Myrtle Boulevard
G. A. Hoffman
37 Myrtle Boulevard
H. C. Christie
39 Myrtle Boulevard
Dr. & Mrs. E. Mortola
34 Myrtle Boulevard
Mrs. J. R. Miller
27 Myrtle Boulevard
Mrs. Jennie Hill
31 Myrtle Boulevard
Mrs. E. VanHook, Sr. &
Mr. E. VanHook, Jr.
198 Weaver Street
Winifred Gilmore
49 Myrtle Boulevard
Julia McDonnell
48 Myrtle Boulevard
Walter Coupe
62 Myrtle Boulevard
Lee Bloom
22 Myrtle Boulevard
Also a communication from R. W. Hiebert, 38 Myrtle Blvd.
The secretary was requested to send notices to all interested
parties for the hearing on this application on Feb. 28, 1962.
The secretary then read the third and fourth applications
which are to be treated as one.
APPLICATION NO. 3--JACK WOOD--Case 113
Application of Jack Wood for modification of Article IV,
Section 410, Schedule of Permitted Uses in a Business
District, so as to permit the premises located on the
easterly side of Valley Place and known on the Tax
Assessment Map of the Town of Mamaroneck as Block
131, Parcel 18, to be used for purposes incidental to general
contracting business, i. e. parking and storage of trucks
and miscellaneous contractor's equipment on the ground
that Article IV, Section 410 does not allow contractor's
establishments in a "B" district.
APPLICATION NO 4--SHIRLEY GOODE--Case 114
Application of Shirley Goode for modification of Article IV
Section 410, Schedule of Permitted Uses in a Business
317
District so as to permit the premises located on the easterly
side of Valley Place and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 131, Parcel 23,
to be used for purposes incidental to general contracting
business i. e. parking and storage of trucks and miscell-
aneous contractor's equipment on the ground that Article
IV, Section 410 does not allow contractor's establishments
in a "B" district.
The Chairman asked if anyone present wished to speak in
favor of or in opposition to this application and the following
persons addressed the Board:
In Favor: J. Lester Albertson, Jr.
271 North Ave. , New Rochelle
In Opposition: Joseph De Alleaume
20 Valley Place
Mr. & Mrs. Wm. De Alleaume
22 Valley Place
Mr. Albertson, representing Mr. Wood and Mr. Goode,
appeared and stated that the D. F. MacNamee Co. , Inc. would
buy these two parcels if the variances were granted and they
could use the parcels for the parking and storage of con-
tracting equipment.
Mr. and Mrs. DeAlleaume and Mr. Joseph DeAlleaume
appeared and stated that they had no real objections to these
applications but that they would like some assurance that there
would be some conditions attached to the granting of the variance.
Following a lengthy discussion as to fencing, supervision
of lot etc. , on motion by Mr. Bierman, seconded by Mr. Eggers
the following resolutions were unanimously adopted:
WHEREAS, Jack Wood has filed an application for a
Use Variance requesting modification of Article IV,
Section 410, Schedule of Permitted Uses in a Business
District, so as to permit the premises located on the
easterly side of Valley Place and known on the Tax
Assessment Map of the Town of Mamaroneck as Block
131, Parcel 18, to be used for purposes incidental to
general contracting business i. e. parking and storage
of trucks and miscellaneous contractor's equipment
on the ground that Article IV, Section 410 does not
permit contractor's establishments in a "B" District.
and
318
WHEREAS, this Board has examined the property and
has 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 sub-
sequent to the date of the Zoning Regulations appealed
from
(b) That the aforesaid circumstances and/or conditions
are as follows:
1. That applicant has been unsuccessful in all
efforts to sell the property for 9 years and
he has suffered financial loss in conducting
the present business.
2. That the property across the street, in
New Rochelle, is zoned M-1 which permits
the use requested in this application.
3. That the applicant-owner has entered into
a contingent contract of sale with D. F. MacNamee
& Co. , Inc. said sale being contingent with the
granting of this variance
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 this
Ordinance and will not be injurious to the neighbor •
-
hood or otherwise detrimental to the public welfare;
and it is
319
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 premises located on the easterly
side of Valley Place and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 131, Parcel 18
to be used for purposes incidental to general contracting
business, i. e. parking and storage of trucks and miscell-
aneous contractor's equipment, 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 conditions:
1. Entire perimter of proposed combined parcels
shall be fenced with chain link fence similar to
type and height of fence on N. Y. Thruway, now
in existence on rear lot line.
2. Fence along southerly side line shall be set
back at least 4 ft. , 6 inches.
3. Entire parcel shall be graded with bank
run gravel with proper provision for adequate
drainage.
4. Any flood lighting must be installed under
the supervision of the Building Inspector.
5. The curb cut shall be situated so as not to
interfere with adjacent property owners or
property owners across the street on Valley Place.
6. A radius of at least 8 feet be held to the
gate posts from the curb line.
7. All above conditions must be complied with
before commencing proposed use and through-
out entire time of proposed use.
8. Variance shall be valid solely for use as a
a parking lot for storage of contractor's equipment.
9. Duration of variance to be limited to usage by
D. F. MacNamee & Co. , Inc. a subsidiary or
affiliated firm or corporation using similar
equipment.
10. There shall be adequate supervision when
contractor's equipment, as aforesaid, is being
placed upon or removed from said lot.
320.
11. Premises shall be kept in neat and orderly manner
'�' at all times.
FURTHER RESOLVED that this decision be filed with the
Town Clerk in accordance with Section 267 of the Town Law.
c,
RESOLUTION for GOODE
WHEREAS, Shirley Goode has filed an application for a
Use Variance requesting modification of Article IV,
Section 410, Schedule of Permitted Uses in a Business
District, so as to permit the premises located on
the easterly side of Valley Place and known on the Tax
Assessment Map of the Town of Mamaroneck as Block
131, Parcel 23, to be used for purposes incidental
2 to general contracting business i. e. parking and
0 storage of trucks and miscellaneous contractor's equip-
ment, on the ground that Article IV, Section 410 does
m not permit contractor's establishments in a "B" District;
and
WHEREAS, this Board has examined the property and
has 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 sub-
sequent to the date of the Zoning Regulations appealed
from.
X (b) That the aforesaid circumstances and/or conditions
are as follows:
1. That the applicant has been unsuccessful in
all efforts to sell the property for 20 years
W and has suffered financial loss in conducting
business.
(+drab",, a. 2. That the property across the street, in
dS New Rochelle, is zoned M-1 which permits the
use requested in this application.
fY
0
321
m
3. That the applicant-owner has entered into a
contingent contract of sale with D. F. MacNamee
& Co. , Inc. said sale being contingent with the
granting of this variance
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 this Ordinance
and will not be injurious to the neighborhood or other-
wise 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 premises located
on the easterly side of Valley Place and known on the
Tax Assessment Map of the Town of Mamaroneck as
Block 131 , Parcel 23 to be used for purposes incidental
to general contracting business, i. e. parking and
storage of trucks and miscellaneous contractor's
equipment, 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 conditions :
Please see conditions in Jack Wood resolution case 113.
APPLICATION NO. 5--POST ROAD BUILDING CORP. --Case 115
Mr. E. Tanenbaum, representing Post Road Building Corp.
appeared and asked that action on this application be deferred
to the meeting of(Feb. 28, Ti )62 .y,, icr�y �p
Dr. Milton Kleinman, 810 Hommocks Road, wished to go
on record as being opposed to the granting of this application.
ADJOURNMENT
There being no further business to come before this meeting
it was adjourned at 9:30 p. m.
l'
Ruth ammann, Secretary
322