HomeMy WebLinkAbout1960_03_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD
OF APPEALS OF THE TOWN OF MAMARONECK, HELD
MARCH 23, 1960, IN THE COURT ROOM OF POLICE HEAD-
QUARTERS, 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
Phil Corby
ALSO PRESENT: William J. Paonessa Building and
Plumbing Inspector
MINUTES
The minutes of the meeting of February 24, 1960 were
approved as corrected.
HEARINGS
The Chairman declared the hearing open and stated
that the first application to be acted on would be the
Howell Park Association which had been continued
from the meeting held January 6, 1960.
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.
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Mr. James Johnston, representing Grew Properties, stated
that his clients had no objection to this request.
Thereupon on motion by Mr. Bierman, seconded by Mr. Schuler
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 at the request of Robert White and the
statement by Mr. Johnston that there was no
objection to this request.
FURTHER RESOLVED that this decision be filed
with the Town Clerk as provided by Section 267
of the Town Law.
The Chairman then requested the secretary to read the second
application which was to be heard first. •
APPLICATION NO. 2---HOME IMPROVEMENT ENGINEERS Case # 60
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
permit the construction of an addition with a 6. 9
foot side yard on a residence located at 9 Ellsworth
Road and known on the Tax Assessment Map of the
Town of Mamaroneck as Block 214, Parcel 239, 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 Applicant: Samuel Myerson
703 Webster Avenue
New Rochelle, N. Y.
In Opposition: None
Mr. Myerson, representing Mr. Davis, submitted the plans he
had made for this addition to Mr. Davis ' house.
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Mr. Paonessa, Building Inspector, explained the plans and
pointed out that these plans conformed with the rear yard
requirements but had a 6. 9 foot side yard.
Following some discussion on motion by Mr. Corby, seconded
by Mr. Sobel the following resolution was unanimously
adopted:
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
submitted failed to comply with the Zoning Ordi-
nance of the Town of Mamaroneck with particular
reference to Article Iv, Sections 410 and 444 of
said Ordinance which providifor height and use of
buildings, side yards, rear yards, etc. and the
extension of a non-conforming use; and
WHEREAS, Home Improvement Engineers 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 finds the following:
(a) That there are special circumstances
and conditions applying to the building
for which a variance is sought, which
circumstances and/.or conditions are
peculiar to such building and do not
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apply generally to the buildings 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 dircumstances and/or
conditions are as follows:
1. Aplicant, owner of a non-con-
forming building, requires addi-
tional space for religious and
charitable work.
which said circumstances and/or con-
ditions are such that the particular ap-
plication of the Ordinance with respect
to Sections 410 and 444 would deprive
the applicant of the reasonable use of
such building and that for these reasons
the granting of the variance is necessary
for the reasonable use of the 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 injurious to the neighborhood or
otherwise detrimental to the public wel-
fare; and it is
FURTHER RESOLVED that Article IV, Section 410 and
444 of the Zoning Ordinance of the Town of Mamaroneck
relating to "Schedule of Regulations" and extension of
a non-conforming use on premises located at 9
Ellsworth Road and known as Block 214, Parcel 239
on the Tax Assessment Map of the Town of Mamaro-
neck be varied and modified so as to permit the con-
struction of an addition having a side yard of 6. 9 feet
rather than the required 10 feet, 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; and it is
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FURTHER RESOLVED that in accordance with the Rules
and Regulations of the Zoning Board where a variance
os 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 first application.
APPLICATION NO. 1 ---LLOYD R. HARRIS Case * 59
Application of Lloyd Harris for modification of
Articles III and IV of the Zoning Ordinance of the
Town of Mamaroneck for a Use Variance so as
to permit the premises known as Block 406,
Parcels 29-36, rear section, located on Cargill
Road to be divided into four building plots upon
which there are to be erected four one-family
dwellings with set back conforming to a prior
ordinance, on the ground of practical difficulty
and/or unnecessary hardship.
The Chairman inquired whether anyone present wished
to speak either in favor of or in opposition to this appli-
cation and the following persons addressed the Board:
For Applicant: William S. Brill, Esquire
175 Post Road, Larchmont
In Opposition: Charles M. McCarty
74 Howell Ave. , Larchmont
Miss M. Soriano
84 Weaver Street, Larchmont
Mr. DiLorenzo
190 Palmer Ave. , Larchmont
Mr. Lester Davis
23 Elkan Road
Mr. Brill, representing Mr. Harris, stated that his client
wished to have this variance granted to allow him to sub-
divide this property into four building plots, so that he
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could build homes in keeping with the neighborhood and in a
comparable price range.
Mr. Corby and Mr. Bierman pointed out that this matter amounted
to rezoning the property and that this was not within the province
of the Board of Appeals.
Mr. Bierman also pointed out that no plans had been submitted
with the application and that this made it impossible for the
Board to consider the case.
Following a lengthy discussion as to the powers of the Board,
the reasons for wanting a ruling as soon as possible so that
a sewer could be installed, etc. , Mr. Brill asked for per-
mission to withdraw the application without prejudice.
This request was unanimously granted by the Board.
ADJOURNMENT
There being no further business to come before this
meeting it was adjourned at 10:20 p. m.
Facdt.,
Ruth Dammann, secretary
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