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HomeMy WebLinkAbout1960_02_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD FEBRUARY 24, 1960, IN THE COURT ROOM OF POLICE HEADQUARTERS, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER Mr. Wullschleger, Chairman, called the meeting to order at 8:00 p. m. PRESENT: Mr. A. E. Wullschleger, Chairman George Schuler Laurence Sobel Phil Corby ABSENT: Sydney Bierman ALSO PRESENT: Maurice Friedlander, acting Building and Plumbing Inspector MINUTES The minutes of the meeting of January 27, 1960 were approved as presented. HEARINGS The Chairman declared the hearing open and requested the secretary to read the second application which was to be heard first. APPLICATION NO. 2---Lloyd Harris Case # 57 Application of Lloyd Harris for modification of Article III, and IV of the Zoning Ordinance of the Town of Mamaroneck for a Use Variance so as to permit the premises known as Block 406, Parcels 29-36, rear section, to be divided into five building plots upon 108 which there are to be erected five one family dwellings with set backs conforming to prior ordinance, on the ground of practical difficulty and/or 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: William S. Brill, Esquire 175 Post Rd. Larchmont Lloyd Harris 98 Weaver Street In Opposition: Gerolomo Soriano 84 Weaver Street Mr. Brill, representing Mr. Harris, submitted plot plans and various exhibits. He stated that when Mr. Harris purchased the property the ordinance would have permitted the construc- tion of five houses. He also said that Mr. Harris and been denied a building permit because Cargill Road was not classified as a public street. Mr. Sobel asked Mr. Harris why he did not plan to build four houses rather than five. M1D ' Mr. Harris replied that he would then have to build $35, 000. - 40, 000. houses which would not be in keeping with the near by houses. Miss Soriano, speaking for her father, stated that they felt the Zoning Ordinance which had been adopted in June, 1959, was a good one and should be enforced. Mr. Corby wished it put on record that he felt this was a matter of re-zoning and therefore not a case for the Zoning Board of Appeals. Following further discussion upon motion by Mr. Sobel, seconded by Mr. Corby, the following resolution was adopted: WHEREAS, Lloyd Harris submitted an application for a Use Variance requesting the subdividing of Block 406, Parcels 29-36, rear section into five building plots and the construction of five one-family 109 dwellings on same; and WHEREAS, Mr. Harris states that if this variance is not granted it will work undue hardship on him, and WHEREAS, this Board has viewed the property and has examined all data submitted by the applicant and has heard all persons appearing for or in opposition to this application and the Board finds that no practical difficulty or unnecessary hardship exists; 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. 2. That the facts and circumstancesclaimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land and 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 Ordinance 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 by Section 267 of the Town Law. The vote on the foregoing resolution was as follows: Mr. Corby: Aye Mr. Sobel : Aye Mr. Wullschleger: Naye Mr. Schuler: Naye Mr. Bierman: Absent and not voting The Chairman then asked the secretary to read the first application. APPLICATION NO. 1--CLINTON M. BELL Case # 56 Application of Clinton M. Bell for modification of 110 Article IV, Section 445. 2 of the Zoning Ordinance of the Town of Mamaroneck, so as to permit the con- struction of a one-family dwelling having a rear yard of less than the required 25 feet on premises located on Winged Foot Drive and known as Block 204, Parcel 326 on the Tax Assessment Map of the Town of Mamaroneck, 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: Arnold D. Way 1 Valley Lane Chappaqua, N. Y. In Opposition: None Mr. Way, representing Mr. Bell, appeared and submitted plans and a plot plan of the property in question. He pointed out that actually only one corner of the house would have insufficient rear yard. Following some discussion, on motion by Mr. Schuler, seconded by Mr. Wullschleger the following resolution was adopted unanimously: WHEREAS, Clinton M. Bell submitted an application for a building permit to the Building Inspector for the construction of a one family dwelling together with plans; and WHEREAS, the Building Inspector refused to issue such a 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 445. 2 which deals with front and rear yard requirements; and WHEREAS, Clinton M. Bell submitted to this Board an application for a variance on the ground of practical difficulty and unnecessary hardship for the following reasons: 1. The topography of the plot and its shallowness makes it difficult to place a house so that it would conform to requirements, and 111 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) 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 generally apply 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. Topography of the plot and its shallowness make it difficult to place house so that it would conform. 2. Practical placing of building re- quires that one corner of the house will not meet 25 ft rear yard require- ment. (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 so that he may build a one-family house having a rear yard of less than 25 feet. FURTHER RESOLVED that Article IV, Section�of the Zoning Ordinance of the Town of Mamaroneck relating to rear yard requirements on premises located on Winged Foot Drive and known as Block 204, Parcel 326 on the Tax Assessment Map of the Town of Mamaroneck be varied and modified so as to allow the construction of a one-family 112 dwelling 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 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 secretary then read the third application. APPLICATION NO. 3--HOME IMPROVEMENT ENGINEERS Case # 58 Application of Home Improvement Engineers for modification of Article IV, Section 444 of the Zoning Ordinance and modification of Article IV, Section 410 "Schedule of Regulations" so as to permit the construction of an addition with a 6. 9 foot side yard and a rear yard of 23 feet on a residence located at 9Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214, Parcel 239 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: Samuel Myerson 703 Webster Ave. New Rochelle, N. Y. Abraham Davis 9 Ellsworth Road Larchmont, N. Y. 113 In Opposition: Robert L. Conkling 130 E. Garden Road Larchmont, N. Y. Mr. Myerson, representing Mr. Davis, submitted the plans he had made for this addition to Mr. Davis house. Mr. Davis stated that this additional room was very badly needed by his wife and himself due to the fact that they have many meetings in their home. Mr. Conkling pointed out that he felt this additional room could conform to the rear yard requirements if Mr. Davis wanted it that way. Following some discussion upon motion by Mr. Schuler, seconded by Mr. Sobel the following resolution was adopted: WHEREAS, Home Improvement Engineers has submitted an application for a building permit to the Building Inspector for the construction of an addition 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, Sections 410 and 444 of said Ordinance which provides for height and use of buildings, side yards, rear yards, etc. and the extension of a non-conforming use; and WHEREAS, Home Imrpovement Engineers has submitted to this Board an application for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons: 1. Owner very active in religious and charitable work and needs additional reom for meetings, etc. and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons interested in this application after publi- cation of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board denies the application 114 upon the following grounds: 1. That there are no special circumstances or conditions applying to the building for which a variance is sought which circumstance or conditions are peculiar to such building and which do not apply generally to buildings in the district. 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 building and the granting of the variance is not necessary for the reasonable use of the building. 3. That the granting of the variance would not be in harmony with the general purposes and intent of this Ordinance 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 by Section 267 of the Town Law. The vote on the foregoing resolution was as follows: Mr. Wullschleger: Naye Mr. Schuler: Aye Mr. Sobel: Aye Mr. Corby : Aye Mr. Bierman: Absent and not voting. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:15 p. m. Ruth Dammann, Secretary 115