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HomeMy WebLinkAbout1961_07_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JULY 26, 1961, IN THE COURT ROOM OF POLICE HEADQUARTERS 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER George Schuler, acting chairman, called the meeting to order at 8:00 p. m. PRESENT: A. E. Wullschleger, Chairman George Schuler Sydney Bierman Richard Eggers ABSENT: Laurence Sobel 0 ALSO PRESENT: William Paonessa, Building Inspector WELCOME TO CHAIRMAN Mr. Wullschleger, who has been ill, was welcomed back. This was the first meeting he attended since November. Mr. Wullschleger thanked the Board and said:. that since he still did not feel up to conducting the meeting he would ask Mr. Schuler to act as Chairman COMMUNICATIONS--- Re: 65 PALMER AVENUE The secretary read two letters concerning the above captioned property. The first letter from Joseph S. Johnston, Esquire, requesting that the appeal now pending before the Board be dismissed, and 0 the second form Robert B. White, Esquire, asking that no action be taken on the appeal at this time. 262 Mr. White, who was present, asked for a month's postponement stating that he has two weeks in which to act on the decision of the Appellate Division. Following some discussion action was deferred to the next meeting of the Board which will be on August 23, 1961, and the secretary was instructed to write to Mr. Johnston asking that he please be present at that time. MINUTES The minutes of the meeting of June 28, 1961 , prepared by Mr. Sobel, acting secretary, were approved as presented. HEARING The Chairman declared the hearing open and requested the secretary to read the application of Mrs. Harold Fink which had beem deferred from the meeting of June 28, 1961. APPLICATION of MRS. HAROLD FINK---Case # 94 a Application of Mrs. Harold Fink for permission to erect 106 linear feet of 6 foot high wooden fence extending from the garage to the westerly side line and along said side line 50 ft. to a point and then 30 ft. to the corner of existing building, on premises located at 29 Cornell St. and known on the Tax Assessment Map of the Town of Mamaroneck as Block 202, Parcel 121 in accordance with Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck. The Chairman asked if any person present wished to speak either in favor of or in opposition to this application. There were nono. The Chairman then ordered this application put at the end of the calendar. The secretary then presented the affidavit of publication of the notice of the hearing in the official newspaper of the Town 1 of Mamaroneck, The Daily Times, on July 19, 1961, and read j © the 2nd application as follows: 263 APPLICATION NO. 2---RAFFAELO BRUNO--Case # 98 Application of Raffaelo Bruno for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to allow the construction of a one family dwelling on a parcel having a lot area of 4375 sq. ft. with a frontage of 50. 04 ft. rather than the required 60. 0 ft. a depth of 87. 0 ft. rather than the required 100. 0 ft. and side yards of 8. 0 and 8. 0 ft rather than the required 8. 0 and 10. 0 ft. , on premises located on the north side of Laurel Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124, part of Parcel 435, on the ground of practical difficulty and/or unnecessary hardship. The Chairman explained that this new application had been filed by Mrs. Bruno and would be considered together with the application which had been deferred from the meeting of June 28, 1961. He then requested the secretary to read the application which had been deferred. APPLICATION of RAFFAELO BRUNO--Case 3 96 Application of Raffaelo Bruno for modification of Article IV, Section 410, Residence District Regulations, so as to allow the construction of a one family dwellin on a parcel of land having a lot area of 4400 sq. ft. rather than the required 6000 sq. ft. a frontage of 50. 0 ft. rather than the required 60. 0 ft, a depth of 88. 0 ft. rather than the required 100. 0 ft and a rear yard of 19. 0 ft rather than the required 25. 0 ft. on premises located on the southerly side of Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124, part of Parcel 435, on the ground of practical difficulty and/or unnecessary hardship. The Chairman then asked if anyone present wished to speak either in favor of or in opposition to these applications and the following persons addressed the Board: For Appellant: George P. Forbes, Esquire 199 Main St. White Plains In Opposition: Albert Telschow 55 Myrtle Boulevard 1 O Mrs. Negri 105 Laurel Ave. 264 George Forbes, attorney for Mrs. Bruno, said that this property had been purchased in 1917 and until 1959 these houses could have been constructed and would have conformed with the Zoning Ordi- nance. He also pointed out that most of the houses in the area are non-conforming under the present Zoning Ordinance. Mr. Telschow stated that he objected to the eight foot side yard on Case # 96. The Board pointed out that the variance re- quested on this application was for a 19 ft rear yard rather than the required 25 ft. Following some discussion on motion by Mr. Bierman, seconded by Mr. Eggers the following resolution was unanimously adopted: WHEREAS, Raffaelo Bruno has submitted an application for a building permit to the Building Inspector for the construction of a one family dwelling; 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 Article IV, Section 410 of said Ordinance which provides for rear yards, etc. ; and WHEREAS, Raffaelo Bruno 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. Property purchased in 1917 when no Zoning Ordinance existed. 2. Two distinct building lots shown on subdivision map each fronting on different streets. 3. Until 1959 when new ordinance was adopted lots complied with 4300 sq. ft. requirements. and WHEREAS, this application came to be heard on June 28, 1961, at which time it was deferred; and WHEREAS, this application came to be heard on July 26, 1961; and WHEREAS, this Board has examined the plans and also 265 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: (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 . Property purchased in 1917 when no Zoning Ordinance existed. 2. Two distinct building lots shown on sub- division map, each fronting on different streets. 3. Until 1959 when new Zoning Ordinance was adopted lots complied with 4300 sq. ft. re- quirements. 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 the 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 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 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 allow the construction of a one family dwelling having a rear yard of 19 ft. rather than the required 25 ft. , area of 4400 sq. ft. 266 rather than the required 600 sq. ft. , frontage of 50. 0 ft. rather than the required 60. 0 ft and depth of 88. 0 ft rather than the required 100. 0 ft. on premises located on the southerly side of Myrtle Blvd. and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124, part of parcel 435, in strict accordance with the plans filed with this application, provided that the applicant com- plies 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 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 or completed within 2 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. Mrs. Frank Negri, then stated that she objected to the 8 ft. side yards as it would mean that her house would then be 14 ft. from the proposed building and most of the houses in the neighborhood were 18 or 20 ft apart. Following some discussion on motion by Mr. Eggers, seconded by Mr. Schuler the following resolution was unanimously adopted: WHEREAS, Raffaelo Bruno has submitted an application for a building permit to the Building Inspector for the con- struction of a one family dwelling; and \\ HEREAS, 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 which provides for side yards, rear yards, lot area, etc. ; and WHEREAS, Raffaelo Bruno 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 . Property purchased in 1917 when no Zoning Ordinance existed. 267 2. Two distinct building lots shown on subdivision map each fronting on different streets. 3. Until 1959 when new ordinance was adopted lots complied with 4300 sq. ft. requirements. 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: (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. Property purchased in 1917 when no Zoning Ordinance existed. 2. Two distinct building lots shown on sub- division map each fronting on different streets. 3. Until 1959 when new Zoning Ordinance was adopted lots complied with 4300 sq. ft. re- quirements 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 the 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 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 injurious to the neighbor- ° hood or otherwise detrimental to the public welfare; 268 and it is FURTHER RESOLVED that a variance is hereby granted to the applicant and Article IV, Section 410 be varied and modified so as to allow the construction of a one family dwelling having a lot area of 4375 sq. ft. rather than the required 6000 sq. ft. , frontage of 50. 04 ft. rather than the require 60. 0 ft, depth of lot 87. 0 ft. , rather than the required 100. 0 ft and sub- ject to the following conditions: 1. Plans filed to be changed so that side yard on north east will be 10 ft and side yard on south west 6 ft. 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 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 or com- pleted within 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 first application. APPLICATION NO. 2-- ELISE C. ALLEN--Case # 97 Application of Elise Conners Allen for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to allow the construction of a porch 15. 0 feet from the rear property line, rather than the required 25. 0 ft. on premises located at 3 Country Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320, Parcel 56, on the ground 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 269 following persons addressed the Board: For Appellant: Burton C. Meighan, Esquire 100 Mamaroneck Ave. , Mamaroneck Ronald J. Alfandre 9 Country Road, Mamaroneck In Opposition: None Mr. Meighan, attorney for Mrs. Allen, read a statement which is on file with the application. He also filed a series of pictures and submitted three letters from neighbors namely, Joseph W. Gleicher, Mrs. Frank Comblo and Ronald Alfandre, these are also on file with the application. Mr. Meighan further stated that Mrs. Allen had never seen the plans for her house as it was to built in accordance with one a few hundred feet aswa with a few minot exceptions. Following some discussion as to how the builder obtained a building permit without submitting the plan showing the porch the Board deferred action on the case until August 23, 1961. At this time they have requested Mrs. Allen to have her builder present. The secretary then read the next application. APPLICATION NO. 3---OWEN A. MANDEVILLE--Case # 99 Application of Owen A. Mandeville for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to allow the construction of a one family dwelling on a parcel having a mean lot width of 68 feet rather than the required 85 feet, on premises located at 5 Rocky Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 124, part of Parcel 36, on the ground of practical difficulty and/or 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: William Cannella 0 364 Boston Post Road, Larchmont 270 In Opposition: G. M. Leiner 15 Rocky Road D. W. O'Dwyer 128 Hickory Grove Drive John L Csenge 11 Myrtle Blvd. John J. Page 176 Hickory Grove Drive R. L. Myers 168 Rocky Road Mrs. Philip L. Jerome 25 Rocky Road Mr. Lee Bloom 22 Myrtle Blvd. Mr. Cannella, representing Mr. Mandeville, appeared and stated that this variance was necessary because of the change in the Zoning Ordinance. The plot has been divided into two lots, one of which conforms in all respects with the zoning ordinance and the other which has a mean lot width of 68 feet rather than the required 85 feet. He also stated that this property had been purchased in 1960. Mr. Leiner submitted three pictures which are on file with the application and stated that the entire parcel had been designed as a beauty spot. Unfortunately the Thruway had partly destroyed the beauty and to grant this application would further depreciate the spot and neighborhood. He suggested that the Town use this spot as a park. Mr. O'Dwyer and others of the opposition agreed with Mr. Leiner. Mr. S. Q. Cohen said that he had not seen the notice until recently and he would like the case postponed until he had more time to investigate the matter. Mr. Lee Bloom stated that he felt that granting the variance would downgrade the neighborhood 20%. He asked that this case be referred to the Architechtural Board of Review. Mr. Bloom was advised that the Architectural Board examined only matters referred to is by the Town Board. Mr. Csenge, speaking for some of the members of the Larchmont Gardens Association, said that probably the plans for the house could be changed and made to blerdin with the area. 271 Pending further study and with the consent of Mr. Cannella and Mr. Mandeville action on this application was deferred until the meeting on August 23, 1961. The secretary then read the last application. APPLICATION NO. 4---MRS . JAMES MANCUSI--Case # 100 Application of Mrs. James Mancusi for the modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to allow the construction of a one family dwelling having a front set-back of 13. 0 ft. from Ferndale Place, rather than the required 30. 0 ft. on premises located at 2 Ferndale Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410, Parcel 380, on the ground of practical difficulty and/or 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. & Mrs. James Mancusi Weaver Street Lloyd Harris 98 Weaver Street Daniel Columbo 9 Ferndale Place In Opposition: None Mr. Mancusi, speaking for his wife, said that this was a corner parcel that they had owned for many years. He further stated that their present home contained 12 rooms and was really too large for them, therefore they would like to build a small Cape Cod type home for their use in the near future. Mr. Harris and Mr. Colomblo stated that they thought this would be a great improvement to the neighborhood and might aid in having the street repaired. On motion by Mr. Bierman, seconded by Mr. Eggers, the following resolution was unanimously adopted. WHEREAS, Mrs. James Mancusi has submitted an application for a building permit to the Building Inspector for the construction of a one family dwelling; and 272 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 Article IV Section 410, Schedule of Residence District Regulations, which provides for rear yards, set-backs, etc. ; and WHEREAS, Mrs. James Mancusi 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. Property purchased with intention of building small house at later date. 2. Present home too large. 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: (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. Parcel is a corner lot. 2. Parcel purchased with intention of building small house in the future. 3. Present home too large which said circumstances and/or conditions are such that the particular application of the Zoning Ordinance with 273 respect to Section 410 would deprive the applicant of the reasonable use of the 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 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 injurious to the neighborhood or otherwise 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 allow the construction of a one family dwelling having a set-back of 13. 0 ft. from Ferndale Place rather than the required 30. 0 ft. on premises located on the southeast side of Weaver Street and Ferndale Place and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 410, Parcel 380, in strict accordance with the plans filed with this application, 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 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 or completed within 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. Mr. Schuler then asked if Dr. Fink were present and upon learning that he was, said that they would now consider the Fink application. Dr. Fink stated that they were indeed sorry that they had not known that the fence they had built was a violation of the Zoning Ordinance. He then asked the Board if they would permit him to show a few slides which he had brought along to illustrate the condition which exists on their property. This request was granted. 274 Mr. Dan Schwarts of 25 Cornell Street spoke in favor of the application. Dr. Fink then introduced Mr. Labriola, a landscape gardner, who stated that he was sure he could remedy the situation by raising the grade of the property and shrubbing it well. Following some further discussion Dr. Fink withdrew his application. After the application had been withdrawn, Mr. Bierman pointed out to Dr. Fink that they have been and still are in violation of the Zoning Ordinance and face penalties imposed by it, also enforcement procedures and violation must be cured forthwith. OLD BUSINESS--LARCHMONT COUNTRY CLUB DINER Mr. Schuler asked Mr. Paonessa if he had had any reply to the letter sent by the Town Attorney to Mr. Zapavigna. Mr. Paonessa replied that the Diner was still in violation, and that he had received no reply from Mr. Zapavigna. It was then decided that the Town Attorney would be asked to write another letter stating that if the Diner was not in con- formance with the variance granted by August 23, 1961, a summons would be issued. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 11 :00 p. m. kinAr"kri arTvYt/ Ruth Dammann, secretary 0 274