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HomeMy WebLinkAbout1963_03_27 Zoning Board of Appeals Minutes P MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD MARCH 27, 1963, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:00 p.m. PRESENT: Laurence J. Sobel, Chairman Sydney Bierman Robert White ABSENT: Richard Eggers Richard I. Land ALSO PRESENT: William Paonessa, Building Inspector MINUTES The minutes of the meeting of February 27, 1963, were accepted as presented. COMMUNICATIONS---HARRIS & SCHEUBLE A letter from Lloyd R. Harris, asking that his four applications for variances be withdrawn was read and accepted. This letter in on file with the secretary in the Town Office. A letter from Otto Scheuble stating that he had been unable to stake out the property, showing the proposed location of the house he wished to build, due to the inclement weather, was read. It was decided that Mr. Scheuble should stake out the pro- posed house and submit his application for a variance at the meeting of April 24, 1963 . WELCOME TO NEW MEMBER Mr. Sobel stated that he was very pleased that Mr. White, newly appointed Commissioner, was able to be present and wished him a long and happy term with the Board. 433 <L L13 a c5 ANNOUNCEMENT 0 Mr. Sobel announced that since there were only three members onpresent any person wishing to have action on their application for a variance deferred to another meeting could do so. HEARING The Chairman declared the hearing open and the secretary presented the affidavit of publication of the notice of hearing as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on March 20, 1963 . The Chairman requested the secretary to read the first application. APPLICATION NO. 1--CASE 157 Application of Alfred Willis, agent for Gaetano Acocella, for modification of Article IV, Section 440.2, Non- Conforming Use of Land, Section 400.1, Conformation Re- quired for All Land and Buildings, and Section 410, Schedule of Permitted Uses in a Business District, so as to permit the construction of a storage garage as an addition to a present non-conforming land use on premises located on the south side of Fifth Avenue and Qknown on the Tax Assessment Map of the Town of Mamaro- W neck as Block 132, Parcel 643. The construction of �-- this building will constitute a use not permitted in Z0 a "B" Business District. This application is based 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 following W persons were heard: 0- oZ$ For Appellant: Patsy Giacomo Mr. Willis 2) Michael Giacomo OIn Opposition: None m Mr. Willis, representing Mr. Acocella, appeared and submitted plans for the proposed storage garage. He explained that Mr. Acocella has constantly improved his property and that this garage would be an improvement. Mr. Bierman asked if the materials used in this garage would be of high grade and stand up well as time passed. Mr. Sobel stated that this also would have a bearing on his thoughts in the matter. Mr. Willis replied that this building would be of concrete block with steel windows and overhead door. Following some further discussion on motion duly made and seconded the following resolution was unanimously adopted: 434 WHEREAS, Mr. Willis, agent for G. Acocella, has submitted an application for a building permit to the Building In- © Spector for the construction of a storage garage, 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 Ordinance of the Town of Mamaro- neck with particular reference to Article IV, Section 440.2, 400.1 and 410, Permitted Uses in a Business District, etc. ; and WHEREAS, Mr. Willis has submitted to this Board an appli- cation for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. At present there is no building and all tools and equipment must be left out in the open. 2. To conduct business properly storage space must be available and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons interested in the 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 do not apply generally to 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. Tools and equipment now left in the open. 2. Proper storage is necessary for good conduct of business. 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 such 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 this 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 the Ordinance and 435 c will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and it is CFURTHER RESOLVED that a variance is hereby granted to the applicant and that Article IV, Sections 440.2 400.1 and 410, be varied and modified so as to permit the construc- tion of a on stora e g garage premises located on the south side of Fifth Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 132, Parcel 643, in strict conformance with the plans filed with this application and provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. 0 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 in Section 267 of the Town Law. The secretary then read the next application. 410APPLICATION NO.2--CASE 155 Application of Trygve Ryen for modification of Article IV, Section 410, Schedule of Residence District Regulations in an R-15 District, so as to permit the construction of a one family dwelling on a lot having an average depth of 80 feet, more or less, instead of the required 100 feet and a set back of 30 feet from Sackett Drive rather than the required 40 feet on premises located on the east side of Sackett Drive and known on the Tax Assessment Map pf the Town of Mamaroneck as Block 160, part of parcel 234 on the ground of practical difficulty and/or un- necessary hardship. Mr. Sobel asked if any person present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Joseph Rigano 14 Mardon Road In Opposition: Walter E. Warner, Esquire 3 Briar Close Mr. Rigano, speaking for Mr. Ryen appeared and submitted plans for the proposed dwelling. He explained that the lot was a difficult one to build on as it was more or less triangular in shape. He further stated that Mr. Ryen had owned this property since August 1960, having inherited it from Mr. Moody. 436 Mr. Warner, speaking for several people whose names are on file with the secretary of this Board, appeared and submitted an Appellate Division Report photostat copy of a case in point and also submitted an Indenture signed by Sylvia Gorman and James C. Denton. These documents are also on file with the secretary of the Board. Following a lengthy discussion as to easements, size of house for such a lot, etc. , on the suggestion of Chairman Sobel it was RESOLVED that the application of Trygve Ryen be adjourned to the next meeting of the Zoning Board of Appeals on April 24, 1963 . ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:30 p.m. v Ruth Dammann, Secretary 437