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HomeMy WebLinkAbout1961_06_28 Zoning Board of Appeals Minutes 0 MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JUNE 28, 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: George Schuler, Acting Chairman Sydney Bierman Laurence Sobel Richard Eggers ABSENT: A. E. Wullschleger, Chairman ALSO PRESENT: William Paonessa, Building Inspector MINUTES The minutes of the meeting of May 24, 1961 , were approved as presented. HEARING The Chairman declared the hearing open and requested that the first application be read which, after presentation of the affi- davit of publication of the noitce of the hearing in the official newspaper of the Town of Mamaroneck, The Daily Times, on June 21, 1961 was read as follows: APPLICATION NO. 1--GERARD PERRAULT-- Case # 92 Application of Gerard Perrault for modification of Article 255 IV, Section 410, Schedule of Residence District Regulations, so as to allow the construction of a two car garage 2 ft. from the rear property line rather than the required 5 ft. on premises located at 5 Dillon Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505, Parcel 96, 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: Gerard Perrault In Opposition: None Mr. Perrault present his case, indicating that the garage was necessary for his two cars and a boat. He also indicated the difficulty in maneuvering his large vehicles and therefore needed the variance to permit the construction of the garage. After some discussion by the Board members the vote on the foregoing application was as follows: Mr. Eggers Aye Mr. Schuler Aye Mr. Bierman Naye Mr. Sobel Naye The second application was then read. APPLICATION # 2---JOSEPH W GLEICHER CO. , INC. --Case # 93 Application of Joseph W. Gleicher Co. , Inc. for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to allow the division of Lot 4 into two parcels, the southerly parcel will contain 16, 100 sq. ft. having a frontage of 28. 37 feet as shown on Subdivision Map the northerly portion containing 10, 300 sq. ft. instead of the required 15, 000 sq. ft. and having 25. 10 ft. frontage on Rocky Lane instead of the required 100. 0 ft. on premises located on the northerly side of Country Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320, Part of Parcel 794, on the ground of practical difficulty and/or unnecessary hardship. 256 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: Joseph W. Gleicher In Opposition: Mrs. Charles Seelenfreund Country Road Mr. Lawrence Johnson Country Road Mr. Gleicher presented his case following which Commissioner Bierman, in question mr Gleicher and by Mr. Gleicher's answers, showed that Mr. Gleicher needed no modification for the present building that he is planning to build, for the parcel now in single ownership and the building plans for the building to be built on said parcel meet all requirements of the Zoning Code. Mr. Gleicher then withdrew his application. Mrs. Seelenfreund and Mr. Johnson asked the Board if at some future time someone wished to build on the property re- ferred to in the application that had been withdrawn, which building would not conform to the Zoning Code, nor the land be sufficient to meet the requirements of the Code, would such builder or owner have the right to build, in view of the withdrawal of this application. It was pointed out by the Board to Mrs. Seelenfreund and Mr. Johnson that if any building is to be constructed, which varies in any way from the Code on any piece of property a variance would have to be requested and the case would then be decided upon its merits. Neighboring property owners, as had been the custom of the Board, would be notified of such hearings. The third application was then read. APPLICATION NO. 3---MRS. HAROLD FINK--Case # 94 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 feet to the corner of the existing building on premises located at 29 Cornell Street 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 I oft, the Zoning Ordinance of the Town of Mamaroneck. 257 Mr. Schuler pointed out that the notice should read, per- mission to retain an existing fence, since this fence is already built. The Chairman then 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: Dr. Harold Fink Mr. & Mrs. F. Wittner 22 Cornell St. Mr. & Mrs. D. Schwarz 25 Cornell St. Mrs. L. Bantle 27 Cornell St. Letter From M. P. Medwick In Opposition: None Dr. Harold Fink, husband of the applicant, stressed the difficulties and hardships without a fence, same being necessary for (1) their child, (2) their privacy and (3) to restrain their dog. Following some discussion on motion by Mr. Bierman, seconded by Mr. Sobel, it was moved to defer this application until the July meeting in order to give the members of the Board a further opportunity to study the contour of the land and the nature of the fence. Mr. Sobel brought to the attention of Dr. and Mrs. Fink the fact that at the July meeting, he would be on vacation, leaving but three members of the Board (considering the illness of Mr. Wullschleger) available for that meeting. This would mean that one abstaining vote or one naye vote would deny their application. Dr. and Mrs. Fink were given the opportunity of deciding whether they desire the decision at this meeting or to defer it as suggested by the motion. They agreed to the deferral. Applications number 4 and 5 which were to be considered as one were then read. APPLICATION NO, 4--RAFFAELO BRUNO-- Case # 95 Application of Raffaelo Bruno for modification of Article IV, Section 410, Schedule of Residence District Regulations, so 258 as to allow the construction of a one family dwellin on a parcel having a lot area of 4375 sq. ft. rather than the required 6000 sq. ft. , with a frontage of 50. 04 ft. rather than the required 60. 0 ft. , depth of 87. 0 ft, rather than the required 100. 0 ft and side yards of 6. 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. APPLICATION NO. 5--RAFFAELO BRUNO--Case # 96 Application of Raffaelo Bruno for modification of Article IV, Section 410, Schedule of Residence District Reg- ulations, so as to allow the construction of a one fmily house on a parcel of land having a lot area of 4400 sq. ft. rather than the required 6000 sq. fr. , a frontage of 50. 0 ft rather than the required 60. 0 ft., 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 Blvd. and known on the Tax Assessment Map 4 of the Town of Mamaroneck as Block 124, part of Parcel 435, 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: George P. Forbes, Esquire 199 Main St. , White Plains Mrs. Fazzeri 51 Myrtle Blvd. In Opposition: Albert Telschow 55 Myrtle Blvd. Mr. Beaver 75 Myrtle Blvd. Mrs. Negri 105 Laurel Ave. Mr. George Forbes, attorney for Mrs. Bruno, stated that the property had been in the same single ownership since 1917; that the Zoning Code having been changed in 1959 has caused 259 to the owner and therefore, requested that the variance be granted. Mr. Telschow, Mr. Beaver and Mrs. Negri all opposed the request, primarily concerning the side line variance. Mrs. Fazzeri stated that practically all other houses in the area had only six foot side yards and therefore, posed the question: "Why deny this owner the same privilege ?" The Board pointed out to Mr. Forbes that constitutionally the owner was not being denied the use of her property since she could build one house on the property that would meet all the requirements of the present Code. The Board did express its view to the applicant that practically the entire community does have houses on the smaller plots. The Board then questioned the architect as to why, in one instance, the side yard was less than in the other instance and after a lengthy discussion the applicant agreed to a deferral of the matter until the next meeting and would attempt to file building plans, which would conform to the side yard requirements. The matter was deferred until the July meeting. OLD BUSINESS--LARCHMONT COUNTRY CLUB DINER Mr. Schuler then discussed with the Board members the matter of the Larchmont Country Club Diner and the variance granted in November, 1960. The Building Inspector indicated that the Diner had not complied with all the conditions that were attached to the variance, but was using part of the area granted in the variance. The Board felt that since all of the conditions of the variance were not being complied with, the Larchmont Diner was in violation in the entire area. The Building Inspector was advised to notify the Diner that such violation is taking place and that if it is not immediately rectified, legal steps will be taken to force compliance or deny use of the Variance. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 10:30 p. m. t=r0-4, Laurence Sobel Acting Secretary 260