HomeMy WebLinkAbout1960_01_06 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD
OF APPEALS OF THE TOWN OF MAMARONECK, HELD
JANUARY 6, 1960 IN THE COURT ROOM OF POLICE HEAD-
QUARTERS, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK.
CALL TO ORDER
Mr. Wullschleger, chairman, called the meeting to
order at 8:15 p. m.
PRESENT: Mr. A. E. Wullschleger, Chairman
Mr. George Schuler
Mr. Sydney Bierman
Mr. Laurence Sobel
Mr. Phil Corby
ALSO PRESENT: John L, Delius, Town Attorney
Maurice Friedlander, Town Engineer and
Building Inspector
Thomas McEvoy, Assessor
INTRODUCTIONS
Mr. Wullschleger opened the meeting by introducing all
the members of the Board, the Town Attorney, Engineer.
Assessor and the Secretary.
Mr. Wullschleger pointed out that Mr. Schuler has
served on the Board for seven years and that he himself
has served since 1949. He stated that it was his
personal desire to serve the tax payers and that he
knew the Board members also felt this way.
HEARINGS
The Chairman then declared the hearing open and
requested the secretary to read the first application.
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APPLICATION NO. 1--HOME IMPROVEMENT ENGINEERS Case # 52
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 lermit the con-
struction of an addition with a 6. 9 side yard and a
rear yard of 21' on a residence located at 9 Ellsworth
Road and known on the Tax Assessment Map of
Mamaroneck as Block 214, Parcel 239 on the ground
of practical difficulty and unnecessary hardship.
The Chairman asked if anyone present wished to be heard
either in favor of or in opposition to this application and
the following persons addressed the Board:
For Applicant:; Abraham Davis
9 Ellsworth Road
Samuel Myerson
703 Webster Ave. , NewRochelle
In Opposition: Robert L. Conkling
130 E. Garden Road
Mr. Myerson, representing.Mr. Davis, submitted the plans
he had made for this addition to Mr. Davis' residence.
Mr. Davis pointed out that this additional room was very
necessary to he and his family as they did a great deal of
religious work and also entertained frequently.
Mr. Conkling stated that due to the topography of the land
this extension seems to come from the second floor of the
Davis house and affords him very little privacy.
The Board asked Mr. Davis if he could not conform to the
25 foot setback.
Mr. Davis replied that to conform to the 25 foot set back
would give a long narrow room rather than a usable room
and would not be worth the considerable investment involved.
following further discussion upon motion by Mr. Corby,
seconded by Mr. Schuler the following resolution was
adopted:
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WHEREAS, Home Improvement Engineers did submit
an application to this Board for a variance on November
10, 1959, and
WHEREAS, this application came to be heard on Nov-
ember 25, 1959, at which time action on the appli-
cation was deferred to December 23, 1959, and
WHEREAS, the meeting of December 23, 1959 was
postponed to January 6, 1960 at the request of the
chairman; and
WHEREAS, Home Improvement Engineers has sub-
mitted 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 Ord-
inance which provides for height and use of buildings,
side yards, rear yards, etc. and the extension of a
non-conforming use; and
WHEREAS, 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. Owner very active in religious and
charitable work and needs additional
room 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 pub-
lication 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 building for
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which the variance is sought which circumstances
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. Corby Aye
Mr. Bierman Aye
Mr. Sobel Aye
The secretary then read the second application.
APPLICATION NO. 2--OTTO SCHEUBLE Case # 53
Application of Otto Scheuble for modification of
Article IV, Section 410 "Schedule of Regulations"
of the Zoning Ordinance of the Town of Mamaroneck
so as to permit the construction of a one family
residence 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 unnecessary Hardship.
The Chairman asked if anyone present wished to be heard
either in favor of or in opposition to this application and
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the following persons addressed the Board:
For Appellant: Otto Scheuble
3 RockRidge Road
In Opposition: None
Mr. Scheuble appeared and stated that he had been granted
a variance on February 25, 1959 and had taken out a
building permit subsequently but had let it lapse.
The Board questioned Mr. Scheuble as to whether the plans
he would use for his house were to be in strict accordance
with the variance granted in February and Mr. Scheuble
answered in the affirmative.
It was upon motion by Mr. Bierman, seconded by Mr.
Wullschleger that the following resolution was unanimously
adopted:
WHEREAS, Otto Scheuble submitted an application
for a modification of Article III, Section 9 of the
Zoning Ordinance of the Town of Mamaroneck, as
amended, on February 10, 1959; and
WHEREAS, the above application was granted on
February 25, 1959; and
WHEREAS, Otto Scheuble did obtain a building
permit which permit he allowed to elapse; and
WHEREAS, Otto Scheuble did submit an appli-
cation for modification of Article IV, Section 410
of the Zoning Ordinance of the Town of Mamaroneck
as adopted June 29, 1959, on December 23, 1959; and
WHEREAS, this application came to be heard
on January 6, 1960,
NOW, THEREFORE, BE IT
RESOLVED that the appeal of Otto Scheuble for mod-
ification of Article IV, Section 410(formerly Article
III, Section 9) of the Zoning Ordinance of the Town
of Mamaroneck is granted in strict conformity with
the variance granted February 25, 1959.
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FURTHER RESOLVED that in accordance with the
Rules and Regulations of the Zoning Board of the
Town of Mamaroneck 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--DR. HAROLD FINK Case # 54
Application of Dr. and Mrs. Harold Fink for modi-
fication of Article IV, Section 410, "Schedule of
Regulations" and Section 445. 1 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 Fenimore 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.
The Chairman asked if anyone present wished to be heard
either in favor of or in opposition to this application and
the following persons were heard:
For Appellant: Jerome N. Wanshel, Esquire
132 Larchmont Ave.
In Opposition: Mr. William Terner
17 Cornell St.
Mr. Wanshel, representing Dr. and Mrs. Fink, appeared
and stated that he felt this application for a variance was
in error as the lot was in single ownership at the time of
the adoption of the new Zoning Ordinance and therefore no
variance was needed.
There followed a general discussion in which neighboring
property owners expressed their views. This discussion
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was led by Mr. Terner.
Following this discussion Mr. Wanshel offered to submit proof
that the lot in question was in single ownership at the time of
the adoption of the Zoning Ordinance on June 29, 1959.
It was upon motion by Mr. Schuler, seconded by Mr. Sobel
that the following resolution was unanimously adopted:
RESOLVED that action on the application of Dr. and
Mrs. Harold Fink be deferred to the next regular
meeting of the Zoning Board of Appeals on January
27, 1960.
FURTHER RESOLVED that this decision be filed
with the Town Clerk as provided by Section 267
of the Town Law.
The secretary was then requested to read the fourth application.
APPLICATION NO. 4--MIGNARRI BROTHERS Case # 55
Application of Mignarri Brothers for modificarion
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 Mamaro-
neck 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.
There was no one.
Whereupon onmotion by Mr. Corby, seconded by Mr. Wullschleger
the following resolution was unanimously adopted:
WHEREAS, Mignarri Brothers has filed an application
for modification of Article IV, Section 410 of the
Zoning Ordinance of the Town of Mamaroneck so as
to permit the construction of a tool shed on premises
located at 8 Valley Place and known on the Tax
Assessment Map of the Town of Mamaroneck as
Block 131, Parcel 11; and
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WHEREAS, no one appeared to represent Mignarri
Brothers at this hearing;
NOW, THEREFORE, BE IT
RESOLVED that the decision on the application of
Mignarri Brothers be adjourned until the next
regular meeting of the Board of Appeals on January
27, 1960.
FURTHER RESOLVED that this decision be filed
with the Town Clerk as provided by Section 267
of the Town Law.
OLD BUSINESS--65PALMER AVENUE
Mr. Robert White and Mr. McCarty appeared and stated that
since there had been no change in the status of the matter
of 65 Palmer Avenue, they would like an adjournment of
three months.
Thereupon on motion by Mr. Sobel, seconded by Mr. Corby
the following resolution was unanimously adopted:
RESOLVED that the hearing upon the application
of Howell Park Association be tabled for a period
of three months by mutual consent of both attorneys.
RESOLVED THAT THIS decision be filed with
the Town Clerk as provided by 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.
Ruth Dammann, Secretary
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