Loading...
HomeMy WebLinkAbout1962_01_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JAN- UARY 24, 1962, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE HEADQUARTERS, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:00 p. m. PRESENT: A. E. Wullschleger, Chairman George Schuler Sydney Bierman Laurence Sobel Richard Eggers ALSO PRESENT: William Paonessa, Building Inspector MINUTES Notice was made that the date February 28, 1962 in the minutes of December 27, 1961 was incorrect and that the date for the hearing on the application of the Post Road Building Corp. should be January 24, 1962, the minutes of the meeting of December 27, 1961 were then accepted as corrected. ANNOUNCEMENT Mr. Wullschleger, Chairman, then made the following announcement: Ladies and Gentlemen: I was appointed to the Zoning Board October 5, 1949, at the time George Burchell was Chairman, with the other members Mink, Waterman and Quinn 324 Neil Quinn became chairman in February 1950. He was made a Police Commissioner , and on December 6, 1950, I was made Chairman of the Zoning Board. January 24, 1951, exactly 11 years ago, I attended my first meeting as Chairman. Today is my last meeting, and I want to thank the Board, the Building Inspector, Bill Paonessa, the secretary Mrs. Dammann, and Mr. McEvoy, Assessor, for their Ohelp and co-operation. a Thank you. Mr. Wullschleger then asked Mr. Schuler to take the chair. Mr. Wullschleter's announcement came as a surprise to the Board members, however, theyall were quick to express their regret at his retirement. ll.l Mr. Schuler said; " It is with a great deal of regret that I hear this announcement. " "Our Chairman has done a wonderful job over the years, as we all know, and did it as long as he felt he could, now he wants to take a little rest. " O Mr. Sobel stated; "I have served seven years on this Board mwith Mr. Wullschleger and I sincerely regret that he sees fit to retire. During his 11 years as chairman and more than 13 years on the Board he has served the Town and this Board with ability, integrity and great credit. " "I subscribe to the words of Mr. Sobel, " Sydney Bierman said, " and wish Mr. Wullschleger a long, happy and healthy life on behalf of the Town and its residents. " Mr. Eggers joined with the members of the Board in their statements and said that he had known Mr. Wullschleger more than 40 years. Mr. Joseph Johnston, attorney, speaking from the floor said ; "I want to express from this side of the desk the most sincere thanks and appreciation of all of us who have appeared here and know Mr. Wullschleger so well. We want to thank him for his generous contribution to the Town and its residents. O 0 His courtesy to all is well known. " 325 W "The Zoning Board will lose a very able and devoted servant and we wish him all good luck and happiness in the coming years. " Mr. Sobel then called for a standing vote of thanks which was given with much applause. 65 PALMER AVENUE Mr. Johnston, representing Grew Porperties, appeared and asked that the application of Howell Park Association and Peter G. Moore be dismissed. He said that he had received a brief from Mr. Robert White but had not prepared one himself as he felt it entirely unnecessary in view of the decision by the Court. Mr. White, representing the Howell Park Association, then appeared and stated that he had mailed copies of this brief to the Zoning Board for their information. The secretary stated that no briefs had reached the Town Office. Following some discussion and a brief recess it was de- -- to hold a special meeting on Wednesday, January 31, 1962 to take action on this matter only. HEARING Mr. Schuler then declared the hearing open and asked the secretary to read the first application, which after presentation of the affidavit of the publication of the notice in the official newspaper of the Town of Mamaroneck, the Daily Times, on January 17, 1962, was read as follows: APPLICATION NO. 1--BONNIE BRIAR COUNTRY CLUB--Case 116 Application of Bonnie Briar Country Club for modification of Article IV, Section 410, Schedule of Uses in Residence District, and Article IV, Section 440. 3, Extension of Non- Conforming Use, of the Zoning Ordinance of the Town of Mamaroneck, so as to allow an l lft. 6 in. x 38 ft and 11 ft. 6 in. x 38 ft extension to the existing locker building at the southerly side of the existing swimming pool on premises located on Weaver Street, Town of Mamaroneck and known on the Tax Assessment Map of the Town of Mamaroneck as Block 225, Parcel 1 on the ground of practical difficulty and/or unnecessary hardship. 326 Mr. Schuler asked if any person present wished to speak Ceither in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Mr. Albert Stubing, Architect 201 Lincoln Place, Eastchester In Opposition: Lee Whitestone 797 Weaver Street, Larchmont Mr. Stubing, representing Bonnie Briar Country Club, appeared and submitted plans for the proposed addition. Mr. Whitestone, representing the Bonnie Weaver Assoc- iation, appeared and asked just where this addition would be located, when he learned that it would be built toward the club house and not toward Weaver Street he said he had no further objections. At this point Mr. Bierman stated that he was of the opinion that this matter was not properly before this Board but should be presented to the Town Board, Mr. Lee Bloom, member of the Planning Board, stated that he agreed with Mr. Bierman and that this application should be referred to the Town Board who in turn would refer it to the Planning Board and possibly the Architectural Board of Review. Following some further discussion on motion by Mr. Bierman seconded by Mr. Eggers, the following resolution was unan- imously adopted: RESOLVED that this application be discontinued without prejudice. FURTHER RESOLVED that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The secretary then read the application of Michael Trotta which had been adjourned from the meeting of Dec. 27, 1961. 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 327 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 5. 0 ft. instead of the required minimum of 8 ft. , floor area of 660 sq. ft. rather than the required 700 sq. ft. , on premises located on the southwest corner of Myrtle Blvd. and Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124, Paecel 510, on the graunds of practical difficulty and/or 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 were heard: For Appellant; Michael Trotta 45 Huber Place, Yonkers In Opposition; R. J. Sauer Sleepy Hollow Mobile Park Walden, N. Y. G. A. Hoffman 37 Myrtle Blvd. Lee Bloom 22 Myrtle Blvd. Mrs. William Hutz 41 Myrtle Blvd. Mrs. Jennie Hill 31 Myrtle Blvd Mr. E. Van Hook, Jr. 198 Weaver St. R. F. Creedy 30 Myrtle Blvd. Mrs. E. Mortola 34 Myrtle Blvd. Mrs. Rudel 468 Weaver St. Letters from Larchmont Gardens Civic Assoc. and R. W. Hiebert Mr. Trotta appeared and stated that he would like to build a house on this property so that it would improve the property and also relieve him of the necessity of caring for the lot. He sub- mitted plans for the proposed building. Mr. Bierman asked Mr. Trotta if he could have built on this lot in conformity with the Zoning Ordinance when he purchased the property. 328 Mr. Trotta said no. Mr. Sauer and Mr. VanHook then stated that they had offered to buy this property at a reasonable price and had been refused by Mr. Trotta. Following some futther discussion on motion by Mr. Sobel seconded by Mr. Wullschleger, the following resolution was unanimously adopted: WHEREAS, Michael Trotta 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 comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Section 410 of said Ordinance, which provides for set backs, side yards, plat area, etc. ; and WHEREAS, Michael Trotta 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. Has owned plot for 15 years. 2. Plot useless under present zoning and WHEREAS, this application came to be heard on December 27, 1961, at which time it was adjourned to January 24, 1962; and WHEREAS, this application came to be heard on January 24, 1962; and 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 : 329 1. That there are no special circumstances or conditions applying to the land for which the variance is sought which circumstances of conditions are peculiar to such land and do not apply generally to land in the district. 2. That any hardship claimed by the applicant is self-created due to the fact that the applicant purchased the property which is the subject of the variance requested with full knowledge of the Zoning restrictions applicable at the time of euch purchase. 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 neigh- borhood and detrimental to the public welfare. 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 application of the Post Road Building Corp. which had been adjourned from the meeting of December 27, 1961. APPLICATION NO. 5--POST ROAD BUILDING CORP. Case 115 Application of 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 feet rather than the required 75 feet, side yards of 6. 5 feet rather than the required 10 feet on premises located on the northeast side of Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 414, Parcel 283, on the ground of practical difficulty and/or unnecessary hardship. The Chairn.an 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: Irving Roosin E. Tanenbaum, Esquire 271 North Ave. New Rochelle In Opposition Letter from DeForest, Elder & Mulreany for AgrionCompany Letter from Robert D. Spickler 330 Mr. Roosin appeared and submitted plans for the proposed building, He stated that he had acquired this lot on foreclosure of a mortgage. Mr. Bierman asked when this had taken place. Mr. Tanenbaum answered that the property had been acquired by foreclosure of a deed dated June 2, 1961 and recorded on Oct. 13 1961, libre 6150, page 391. Mr. Bierman then noted for the record that on July 26, 1955 title to this property had passed to a Mr. Marks, and a mortgage of $2700. 00 given. Mr. Marks paid $300. 00 and the mortgage was due on or before July 26, 1958. Mr. Roosin was then asked why he had not foreclosed when the mortgage was in default. Mr. Roosin stated that he did not like to foreclose and only did so when he saw that the property was to be sold as a Tax Lien. Mr. Schuler then read a letter from Mr. Spcikler, asking that this application be denied. The secretary read a letter on behalf of the Agrion Company also asking that this applica- tion be denied. Following a lengthy discussion on motion by Mr. Bierman, seconded by Mr. Sobel the following resolution was unanimously adopted: RESOLVED that this application be adjourned to the next regular meeting of this Board on Feb. 28, 1962 at which time Mr. Roosin is to appear and have Mr. Marks with him. RESOLVED that this resolution be filed with the Town Clerk as provided in 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. .1141'd ii772-'771 Ruth Dammann, Secretary 331