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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