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HomeMy WebLinkAbout1960_01_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JANUARY 27, 1960, IN THE COURT ROOM OF THE 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 Mr. George Schuler Mr. Sydney Bierman Mr. Laurence Sobel Mr. Phil Corby ALSO PRESENT: Mr. William Paonessa, Building Inspector INTRODUCTION Mr. Wullschleger introduced Mr. William Paonessa who is now the Building Inspector. MINUTES The minutes for the meetings of October 28, 1959, November 25, 1959 and January 6, 1960, were approved as presented. HEARING The Chairman declared the hearing open and requested the secretary to read the first application. APPLICATION No. 1--DR. HAROLD FINK Case # 54 Application of Dr. & Mrs. Harold Fink for modification of Article IV, Section 445. 1 and Article IV, Section 410 103 "Schedule of Regulations" so as to permit the construction of a one family residence having a lot area of less than 30, 000 square feet and front and rear yards of less than 50 feet at premises located at Cornell Street and Fen- imore Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 202, Parcel 121 on the ground of practical difficulty and unnecessary hardship. Action on this application had been deferred at the meeting of January 6, 1960. Mr. Jerome N. Wanshel, representing Dr. Fink, appeared and submitted an affidavit stating that the lot in question, Block 202, Parcel 121, was in single ownership from the month of March, 1959 to the present time. Mr. William Paonessa, Building Inspector, then submitted a memorandum from Town Attorney Delius advising Mr. Paonessa that a building permit should be issued providing the house compl Well ith regard to side line, front and rear line set backs as asthe cubic or square foot content. Since no variance was needed the application of Dr. Fink was marked discontinued. The secretary then read the second application. APPLICATION NO. 2--MIGNARRI BROTHERS Case # 55 Application of Mignarri Brothers for modification of Article IV, Section 410 "Schedule of Regulations" so as to permit the construction of a tool shed, which addition together with the area of the ex- isting building would exceed 25% of the lot area, on premises located at 8 Valley Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131, Parcel 11, 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: Mr. Mignarri In Opposition: None 104 Mr. Mignarri submitted the plans for the proposed tool shed and stated that he could store his tools in a better way and also improve the lo3ks of his property of this variance was granted. Following some discussion upon motion by Mr. Corby, seconded by Mr. Schuler the following resolution was adopted: WHEREAS, Mignarri Brothers submitted an application for a building permit to the Building Inspector for the construction of a tool shed together with plans; and WHEREAS, the Building Inspector 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 Article IV, Section 410 "Schedule of Regulations" which limits the maximum building coverage allowed in a Business B district to not more than 25% of the lot area; and WHEREAS, Mignarri Brothers submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: (a) Present Storage space is fully taken up. (b) The proposed tool shed would conserve space and enable the tools to be kept in orderly fashion and WHEREAS, this application came to be heard on January 6, 1960 at which time no representative for Mignarri Brothers appeared and the application was adjourned until the next meeting of the Board; and WHEREAS, this application came to be heard on January 27, 1960; and WHEREAS, this Board has examined the plans and also has viewed 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: 105 (a) That there are special circumstances and conditions applying to the land and building for which a variance is sought, which circumstances and/or conditions are peculiar to such land and building and do not apply generally to the land and/or buildings in the district, and which circumstances and conditions ahve 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. Storage space now fully used up. 2. This will facilitate use of tools, save time and permit better storage of tools. Which said circumstances and/or conditions are such that the particular application of the Ordi- nance with respect to Section 410 would deprive the applicant of the reasonable use of such land and/or building and that for these reasons the granting of the variance is necessary for the reasonable use of the land and/or building and that the variance as granted by the 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 in- jurious to the neighborhood or otherwise detrimental to the public welfare; and it is FURTHER RESOLVED that a variance is hereby granted to the applicant to construct a tool shed which together with the existing building will exceed the 25% area of the lot as allowed under the Zoning Ordinance, 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 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 106 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 vote on the foregoing resolution was as follows: Chairman Wullschleger Aye George Schuler Aye Laurence Sobel Aye Phil Corby Aye Sydney Bierman Abstaining OLD BUSINESS--RUDY NOVAK Mr. Novak appeared and asked that the Board give him permission to make a new application for a variance before the 6 month period following an adverse decision by the Board had elapsed. The Board pointed out to Mr. Novak that it is still their feeling that his case is one for the Town Board or Planning Board rather than a Zoning Board of Appeals case. However, Mr. Wullschleger stated that the Board would consider a new application from Mr. Novak before the 6 month period, if Mr. Novak wished to apply. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:15 p. m. Ruth Dammann, Secretary 107