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HomeMy WebLinkAbout1962_02_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD FEB. 28, 1962, IN THE COURT ROOM OF THE TOWN OF MAMARO- NECK POLICE HEADQUARTERS, 11 EDGEWOOD AVENUE, MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:15 p. m. PRESENT: Laurence Sobel, Chairman George Schuler Sydney Bierman Richard I. Land ABSENT: Richard Eggers ALSO PRESENT: William Paonessa, Building Inspector Councilman Joseph W. Cook, Jr. John L. Delius, Town Attorney WELCOME to NEW MEMBER Richard I. Land was introduced to the Board by Mr. Sobel, Chairman, and welcomed as a new member of the Board of Appeals. Mr. Land was appointed to fill the vacancy created by Mr. Wullschleger's resignation. CHAIRMAN Mr. Sobel , newly appointed chairman, then read the following statement: It was with both pride and humility that I accepted the honor of being Chairman of the Zoning Board of Appeals, to succeed Mr. Arthur Wullschleger, who has served the 335 community and this Board so ably for the past twelve years. These two emotions--pride and humility--will direct my actions in this position--pride to be of further service to the citizens of Mamaroneck and humility toward the obligations and responsibilities imposed by the Zoning Board. The Zoning Board of Appeals is the only direct contact many of our citizens have with a Government Body. We exist for the benefit of both the community as a whole and the individual petitioner. Our responsibility is equally to both and our judgment, quasi-judicial as it is, must bear the scrutiny of all This Board is blessed with the voluntary service of each of its members amd I will look to them for help and guidance. in all matters that come before us. The Town Attorney, I know, is willing and able to assist us in the legal phase of any request on our agenda and we will certainly call on him for his advice and counsel. The Building Inspector- and Secretary to the Board, I am certain, will serve us as we request. It is my fervent hope and prayer that in the months and years ahead, this Board will discharge its duties in a manner that will bring credit to the Town, as well as to the Supervisor and Board, who have seen fit to appoint us. MINUTES The minutes of the meeting of January 24 and January 31, were approved as presented. ANNOUNCEMENT Mr. Sobel announced that starting with this meeting when the Board members were ready to vote on an application they would put their name and decision on a slip of paper and hand it to the Chairman to open and read. HEARING The Chairman declared the hearing open, and the secretary presented the affidavit of publication of the notice in the official newspaper of the Town of Mamaroneck, The Daily Times, on March 21, 1962. The Chairman then asked the secretary to read the application 336 1 of the Post Road Building Corp, , which case had been adjourned at the meeting of January 24, 1962. APPLICATION POST ROAD BUILDING CORP. --Case 115 Application of the Post Road Building Corp. for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to allow the construction of a one family dwelling in an R 7. 5 District having a lot frontage of 65 €t. rather than the required 75 ft. , side yards of 6. 5 ft rather than the required 10 ft. on premises located on the north east side of Hommocks Road and known on the Tax Assessment Mpa of the Town of Mamaroneck as Block 414. Parcel 283 on the grounds 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: Mr. Roosin Edward P. Tanenbaum, Esquire 271 North Ave. , New Rochelle In Opposition: Letters from Robert D. Spcikler Hommocks Rd. Larchmont Agrion Company with an attached brief. Mr. Roosin appeared and presented a survey of the property which was made in 1955. He also presented plans for the pro- posed house. The secretary read a letter from Mr. Marx, dated Feb. 20, 1962, in which he stated that it would be impossible to appear at this meeting as the Board had requested. Mr. Roosin then gave Mr. Sobel two letters from the Real Estate office of Anne Bear. Mr. Sobel read the letters and requested the secretary to file them with the application. Also Mr. Roosin presented a photostatic copy of the check made out to the Post Road Building Corp. by Benjamin Marx, in the amount of $300. this is also filed with the application. The Board members asked Mr. Roosin why he did nat build the house with side yards that would conform to the Zoning Ordinance i. e. 8 and 10 feet, and he stated that this would mean a lower priced house. 337 Mr. Bierman then asked Mr. Roosin if he would comply to the side yard requirements and Mr. Roosin said that he would not as it would be a waste. It was pointed out to Mr. Roosin that if he were allowed the 65 foot frontage it was reasonalbe for the Board to ask for 8 and 10 foot side yards. Following a rather lengthy discussion the following resolution was unanimously adopted: WHEREAS, the Post Road Building Corp. has 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 has refused to issue such permit on the ground that the plans submitted failed to cimply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Article IV, Section 410, Schedule of Residence District Regulations, which provides for street frontage etc. ; and WHEREAS, the Post Road Building Corp. has submitted an application for a variance to this Board on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. This was a legal lot under the Zoning Ordinance prior to June 29th, 1959 which required 50 ft. frontage. 2. Former Zoning Ordinance required 2 side yards of 6 ft. each. 3. Subject premises will have 2 side yards of 6. 5 each and WHEREAS, this application came to be heard on Dec. 27, 1961 at which time it was adjourned to January 24, 1962 at the applicants request ; and WHEREAS, this application came to be heard on Jan. 24, 1962, at which time it was adjourned to Feb. 28, 1962; and WHEREAS, this application came to be heard on Feb. 28, 1962; and 338 WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons in- terested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board denies the application upon the following grounds: 1. That the special circumstances and conditions which the applicant claims entitle him to a variance have resulted from an act of the applicant subsequent to the date of the adoption of the Zoning Regulations appealed from and which were adopted June 29, 1959 and became effective August 7, 1959. 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 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 in accordance with Section 267 of the Town Law. The secretary was then asked to read the first application. APPLICATION NO. 1--JOHN SPALLONE--Case 117 Application of John Spallone 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 set back of 20. 0 feet from Taylor Place rather than the required 30. 0 feet on premises located at the north east corner of Myrtle Boulevard and Taylor Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 125, Parcel 19 on the grounds 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 339 Era- following persons addressed the Board: For Appellant: John Spallone 1706 Bartow Ave. Bronx William Lagani 250 Main St. , White Plains Letter from Frank Gironda Charleston, Tenn. In Opposition: None ® Mr. Lagani, representing Mr. Spallone , appeared and presented a plan for the proposed dwelling. Mr. Lagani explained that due to the width of the plot it would be impossible to have a 30 feot set back and 10 ft side lines, if this were done there would be no room left to build the house. W Following a brief discussion the following resolution was unanimously adopted: d CWHEREAS, John Spallong has submitted an application for a building permit to the Building Inspector for the fr construction of a one family dwelling, together with plans; O and CO 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 Mamaro- neck with particular reference to Article IV, Section 410, Schedule of Residence District Regulations, which provides for set backs, side yards, etc. ; and WHEREAS, Mr. Spallone 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. Width of lot to shallow to allow 30 foot set back and WHEREAS, this Board has examined the plans and also C ® has viewed the property and has heard all persons in- t terested in this application after publication of a notice 14X thereof, 340 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 subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 1. Width of lot is such that a 30 foot set back is impossible. 2. If 30 foot set back and 10 foot side yards were observed there would be no room to build 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 such 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 permit the construction of a one family dwelling having a front set back of 20 feet on premises located on the north east corner of Myrtle Blvd and Taylor Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 125, Parcel 19, 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 341 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 this resolution with the Town Clerk. A building permit shall be void if construction is not started within 6 months of completed within two years of the date of s aid permit. FURTHER RESOLVED that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 10:00 p. m. ZeZ Ruth Dammann, secretary 342