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HomeMy WebLinkAbout1961_03_08 Zoning Board of Appeals Minutes MINUTES OF A SPECIAL MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD MARCH 8, 1961, 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. and stated that this meeting had been called by resolution of the Board at the meeting of February 21, 1961. PRESENT: George Schuler, acting chairman Sydney Bierman Laurence Sobel Richard F. Eggers ABSENT: A. E. Wullschleger, chairman ALSO PRESENT: William Paonessa, Building Inspector HEARING The Chairman declared the hearing open. 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, March 1, 1961. The chairman requested the secretary to read the two applications which would be considered together. Case 84--APPLICATION NO. 1 GAETANO GUGLIELMO Application of Gaetano Guglielmo for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to allow the construction of a one family dwelling having a street line frontage of 25 feet instead of the required 50 feet on premises located at the northwest UP, end of Blossom Terrace and known on the Tax Assessment 228 Map of the Town of Mamaroneck as Block 402, part of Parcel 83, on the ground of practical difficulty and/or unnecessary hardship Case 85--APPLICATION NO. 2--GAETANO GUGLIELMO Application of Gaetano Guglielmo for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to allow the construction of a two family dwelling having a street line frontage of 25 feet instead of the required 50 feet on premises located at the southwest end of Blossom Terrace and known on the Tax Assessment Map of the Town of Mamarnneck as Block 402, part of Parcel 83 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 these applications and the following persons addressed the Board: For Appellant: Jerome N. Wanshel, Esquire 132 Larchmont Ave. , Larchmont Joseph Mirabella 16 Blossom Terrace, Larchmont Angelo Rigano 18 Blossom Terrace, Larchmont In Opposition: Martin Gotte 13 Blossom Terrace, Larchmont Mr. Wanshel, representing Mr. Guglielmo, appeared and stated that these variances should be granted as the houses would conform in all respects with the exception of street line frontage. He further stated that his client had owned this property prior to the change in the Zoning Ordinance. Mr. Wanshel submitted a copy of Assessment Map, Block 403, which was marked Exhibit A and is on file with these applications, showing his client's property and surrounding properties. He pointed out that the majority of surrounding buildings were built with either 5000 or 7500 square foot areas. Mr. Paonessa, building inspector, submitted a memorandum from the Town Engineer, Mr. Kellogg, which was marked Ex- hibit B and is on file with these applications. This area refers to seal-coating the road and the installation of a turn-around. Mr. Rigano and Mr. Mirabella both stated that they felt 2 29 these houses would be an improvement to the neighborhood. Mr. Gotte stated his objections to the granting of these variances saying that the neighborhood was very crowded now and two additional houses would only increase the danger to children from more cars, parking, etc. Following further discussion by the Board as to the installation of a turn-around on the parcels to help the flow of traffic and the parking of cars, it was on motion by Mr. Bierman, seconded by Mr. Sobel that the following resolutions were unan- imously adopted: WHEREAS, Gaetano Guglielmo has submitted an appli- cation for a building permit to the Building Inspector, for the construction of a one family dwelling on LotA, 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 Mamaroneck with particular reference to Article IV, Section 410 of said Ordinance, which provides for use use of land, street frontage, etc. ; and WHEREAS, Gaetano Guglielmo 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. See Rider attached to application. and WHEREAS, this application came to be hear on Feb. 21 , 1961 , at which time it was adjourned to a special meeting; and WHEREAS, this application came to\be heard on March 8, 1961, and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons in- terested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT 230 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. Owner had purchased this property prior to change in Zoning Ordinance. 2. Surrounding houses built on 5000 to 7500 sq. ft. areas. 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 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 grianted to the applicant and that Article IV, Section 410 be varied and modified so as to allow the con- struction of a one family dwellin on Lot A located at the northwest end of Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 402, part of Parcel 83, subject to the following conditions: 1. Prior to issuance of a Certificate of Occupancy applicant of owner must install macadam surfaced turn-around area having 3 a radius of 25 feet which said radial center would be at the intersection of the dividing line between Lots A and B with its inter- 231 4 section at the dead end of Blossom Terrace. 2. The turn-around area located on Lot A shall be maintained by applicant or owner. 3. Specifications for paving must comply with the standards of the Town of Mamaroneck Planning Board specifications, not including curbing, 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 (3) months of the filing of this resolution with the Town Clerk. A building permit shall be void if construction is not started within six (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. Second resolution: WHEREAS, Gaetano Guglielmo has submitted an application for a building permit to the Building Inspector for the construction of a two family dwelling on Lot B, 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 Mamaroneck with particular reference to Article IV, Section 410 of said Ordinance which provides for use of land, street frontage, etc. : and WHEREAS, Gaetano Guglielmo 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. See Rider attached to application. and 232 WHEREAS, this application came to be heard on February 21, 1961 at which time it was adjourned to a special meeting; and WHEREAS, this application came to be heard on March 8, 1961 , 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 followins: (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 . Owner had purchased this property prior to change in Zoning Ordinance. 2. Surrounding houses built on 5000 to 7500 sq. ft. areas 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 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 233 varied and modified so as to allow the construction of a two family house on Lot B located at the southwest end of Blossom Terrace and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 402, part of Parcel 83, subject to the following conditions: 1. Prior to issuance of a Certificate of Occupancy applicant or owner must install macadam surfaced turn-around area having a radius of 25 feet which said radial center would be at the intersection of the dividing line between Lots A & B with its intersection at the dead end of Blossom Terrace. 2. The turn-around area located on Lot B shall be maintained by applicant or owner. 3. Specifications for paving must comply with the standards of the Town of Mamaroneck Planning Board specifications, not including curbing and 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 (3) 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. ADJOURNMENT There being no further business to come before the meeting it was adjourned at 10:00 p. m. ‘11W (Z-t-Z /Er0/7-2-2---27-7 Ruth Dammann, secretary 234 See page 234 A for correction Correction for March 8, 1961 Minutes '' /9LZ%7:1/"/G yv ADJOURNMENT There being no further business to come before this meeting, on motion by Mr. Bierman, seconded by Mr. Eggers the meeting was adjourned in honor of the 80th birthday of Mr. Wullschleger. The Board extended thus by this motion its best wishes to our Chairman on this milestone in his life and hopes that Mr. Wullschleger will be with us for many years to come. • .14,(Z4 Ruth Dammann, secretary 2 34A