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HomeMy WebLinkAbout1963_01_23 Zoning Board of Appeals Minutes wN Fi �W MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE v TOWN OF MAMARONECK, HELD JANUARY 23, 1963, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. W Q W 0.. d5 CALL TO ORDER The Chairman called the meeting to order at 8:00 p.m. 0 0 00 PRESENT: Laurence J. Sobel, Chairman George Schuler Sydney Bierman Richard Eggers Richard I. Land ALSO PRESENT: William Paonessa, Building Inspector ANNOUNCEMENTS Mr, Sobel, Chairman, expressed his thanks to the Board for having I C made his year as Chairman of the Board an extremely pleasant and happy one, and having had the co operation of all the members. Mr. Sobel also noted that Mr. Schuler, after serving ten years on the Board had submitted his resignation. Mr. Sobel said that he regretted the resignation and that Mr. Schuler had served the Town of Mamaroneck and the Zoning Board well and faithfully, A letter written by Mr. Sobel to Mr. Wullschleger, former Chair- man of the Board, was read as follows: Mr. dear Mr. Wullschleger: It hardly seems possible that it has been a year since I was privileged to succeed you as Chairman of the Mamaroneck (d) Zoning Board of Appeals. W It is needless for me to tell you that we have missed 65 you and I have regretted sincerely that you have not had the time to come and sit with us at a Zoning Board meeting. MayI urge pp y g you to avail yourself of the opportunity () of coming to our next meeting January 23, 1963 at 8:00 p.m. 0 at the usual place. 00 Kindest personal regards, Sincerely yours, Laurence J. Sobel Due to the inclement weather it was impossible for Mr. Wullschleger to attend. 420 40 Mr. Sobel then stated that he would be out of town on February 27,1963, the date of the next regular meeting of the Board and that he asked Mr. Land to act as chairman in his absence. He noted that there would be a new member on the Board for that meeting and said that he knew the members would give the new member full co operation. MINUTES The minutes of the meeting of December 26, 1962, were accepted as presented. 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 January 16, 1963. The Chairman requested the secretary to read the first application. APPLICATION NO. 1--Case 141 Application of Lloyd R. Harris for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to permit the construction of a one family house having a street frontage of 68 feet rather than the required 75 feet on premises located on Cargill Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 406, Parcel 421 on the ground of practical difficulty and/or unnecessary hardship. It was then noted that there were three additional applications for Mr. Harris, and Mr. Sobel asked Mr. Harris if he was willing to have them treated as one. Mr. Harris answered in the affirmative but went on to state that he would like an adjournment of his case toMarch, 1963. Mr. Harris further stated that he had been approached by the School Board of the Town of Mamaroneck as to purchase of his property for a new school building, and that under these conditions he would like more time to consider the matter. Mr. Eric Singleton, President of Board of Education, who was present stated that Mr. Harris was correct in his statement and that the Board of Education hoped by March 27, 1963, to have their plans for a new school formulated. He also said that the property of Mr. Harris would be essential in any plan that the Board would use. Following some further discussion or. motion by Mr. Bierman, seconded by Mr. Land the following resolution was unanimously adopted: WHEREAS, the applications of Lloyd R. Harris, were presented to this Board for hearing on January 23, 1963; and WHEREAS, Mr. Harris has requested adjournment of said cases to March 27, 1963; 421 NOW, THEREFORE, BE IT RESOLVED that hearing on the applications of Mr. Harris be adjourned to this Board's next regular meeting on March 27, 1963: and FURTHER RESOLVED that these applications be re-advertised at the Board's expense. FURTHER RESOLVED that this resolution be filed with the Town Clerk in accordance with Section 267 of the Town Law. The secretary then read the next application. APPLICATION NO. 5-- CASE 149 Application of Otto Scheuble 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 yard of less than 30 feet, to wit, 22 feet, on premises located at 25 Rock Ridge Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412, Parcel 596, on the ground of practical difficulty and/or unnecessary hard- ship. This is a renewal of a variance granted Oct. 26, 1960. 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: Otto Scheuble In Opposition: None Mr. Scheuble appeared and submitted plans for the proposed dwelling. He stated that he had been unable to build before this due to easement problems with sewer and water line. These matters have now been corrected and he would like to build. Mr. Scheuble also stated that it would now be necessary to do some blasting. The Board pointed out to Mr. Scheuble that one of the conditions in the resolution adopted Oct. 26, 1960, was that there would be no blasting. Mr. Bierman asked if Mr. Scheuble could not position his house so that no blasting would be necessary. Mr. Scheuble said that this would not be possible. Mr. Eggers disagreed with Mr. Scheuble. Following some further discussion the following resoltuion was 422 W W CL. d5 Ask unanimously adopted: Of O WHEREAS, Otto Scheuble has requested renewal of a variance Q granted Oct. 26, 1960; and m WHEREAS, this application came to be heard on January 23, 1963 ; and WHEREAS, Mr. Scheuble has stated that he cannot comply with one of the conditions in said resolution: NOW, THEREFORE, BE IT RESOLVED, that action on this application be tabled for this meeting and that Mr. Scheuble stake out his property so that the Board may study the property and act on this application at the next regular meeting of the Board on March 27, 1963. FURTHER RESOLVED that this application be re-advertised at the Board's expense ; and be it FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The secretary then read the last application. APPLICATION NO.6--CASE 154 Application of George E. Mills, Sr. , for modification of Article IV, Section 400.4, Subdivision of a Lot, and Section 410, Schedule of Residence District Regulations, so as to W allow the subdivision of an existing plot into two non- U, conforming parcels and the construction of a one family �Q dwelling having a street frontage of 50 feet rather than the required 60 feet and a lot having a 5000 qq. ft. rather than the required 6000 sq. ft. , on the ground of d5 practical difficulty and/or unnecessary hardship. Mr. Bierman stated, for the record, that this case was presently Of before the Boardpursuant topermission o granted by this Board at Q the meeting of December 26, 1962. 03 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: Edward Tanenbaum, Esquire 271 North Ave. , New Rochelle William Campbell, Larchmont Acres George E. Mills, Jr. 11 Kenmare Road, Larchmont 0 In Opposition: Franc Roggeri 73 Myrtle Boulevard, Larchmont 423 Mr. Tanenbaum, representing Mr. Mills, Sr. , appeared and stated that his client had owned this property for over 30 years and now wished to subdivide it so that he could realize some money from it. He also pointed out that in the immediate neighborhood there are many houses which do not meet the zoning requirements, and that since the nes zoning requirements had been adopted in 1959, several variances had been granted. Mr. Bierman pointed out to Mr. Tanenbaum that these facts had no bearing on the present application. Mr. Mills, Jr. said that he had anticipated this development in 1959 but had thought that the Board would be agreeable to approving such an application. Mr. Roggeri, a neighbor, said that he feared a large house would be built on the non-conforming lot which would be ugly and would depreciate the value of surrounding properties. He further stated that such a house would probably be hard to sell and would be rented and that rentors never took the same care of property as the owners did. Following a lengthy discussion and a brief recess, to consult with Town Attorney Delius, the following resolution was adopted: WHEREAS, George E. Mills, Sr. , has submitted an appli- cation 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 comply with the Zoning Ordinance of the Town of Mamaro- neck with particular reference to Section 410 of said Ordinance, which provides for street frontage, lot area 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 application came to be heard on Dec. 26, 1962, at which time it was denied and permission granted to change plans and re-apply in January 23, 1963 ; and WHEREAS, Mr.Mills has submitted a new application with new plans ; and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons interested 424 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 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 claimbed 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 tot be injurious to the neighbor- hood 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 Eggers Aye Schuler Naye Land Naye GEORGE SCHULER Mr. Schuler then bid the members of the Board, the secretary and the Building Inspector good-bye and stated that he had enjoyed working on the Board for the past 10 years. He said that Mr. Sobel was doing an excellent job as Chairman and that he knew he would continue to do so and t:ished him many happy years as Chairman. ADJOURNMENT There being no further business to come before the meeting it was adjourned at 10:45 p.m. �yl'YYj� Ruth Dammann, Secretary 425