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HomeMy WebLinkAbout1960_05_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR ME'ETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD MAY 25, 1960, IN THE COURT ROOM OF POLICE HEADQUARTERS, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the ;neeting to order at 8:00 p. m. i� CZ PRESENT: A. E. Wullschleger, Chairman George Schuler Sydney Bierman }" Laurence Sobel E Philip Corby ALSO PRESENT: William J. Paonessa, Building Inspector I ID MINUTES The minutes of the meeting of April 27, 1960 were approved as presented. HEARINGS The Chairman declared the hearing open. The secretary presented the affidavit of publication of notice of hearings as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on May 18, 1960. The Chairman requested the secretary to read the first application. APPLICATION NO. 1---RUDY NOVAK Case # 66 Application of Rudy Novak for modification of Article IV, 144 Section 410 and modification of Article V, Section 510. 1 of the Zoning Ordinance of the Town of Mamaroneck so as to permit the extension of an existing business building into a residential R 7. 5 zone on premises located at 1330 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 411, Parcel 119 on the ground of practical difficulty and/or unnecessary hardship. The Chairman asked if anyone present wished to speak wither in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Edward P. Tanenbaum, Esquire 271 North Ave. , New Rochelle Letters for Appellant from: Felix Petrillo 930 Greacen Pt. Rd. , Mam'k Matthew B. Kelly 501 Eagle Knolls Rd. Larchmont In Opposition: Otto Scheuble 3 Rock Ridge Rd. , Larchmont Mr. & Mrs. Chas. R. Bragdon 4 Rock Ridge Road Mr. & Mrs. O. H. Hartenau 1 Rock Ridge Road Letter from Mrs. O. Scheuble Mr. Tanenbaum, attorney for Mr. Novak, appeared and sub- mitted the plans for the proposed addition to Mr. Novak's property. He stated that this would be a distinct improvement to the property and enhance its appearance. Mr. Tanenbaum also pointed out that this was the only property in the Town that lies in two different zoned. Mrs. Dammann, secretary, read the two letters in favor of this application. These letters are filed with the application. It was pointed out to Mr. Novak that his proposed addition would cover more than 25 percent of the land and that this would be in violation of the present Zoning Ordinance. Mr. Bierman also stated that if the Board had granted the previous request of Mr. Novak for a variance in October 145 of 1959 he could not now build such a structure on the land. The letters in opposition to this application were read by Mr. Bierman who then summarized them for the Board. Following some further discussion, on motion by Mr. Bierman, seconded by Mr. Corby, the following resolution was adopted: WHEREAS, Rudy Novak has submitted an application for a building permit to the Building Inspector for the con- struction of an extension of an existing building, 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, "Schedule of Permitted Uses in Residence District and Article V, Section 510. 1 "Building Permits": and WHEREAS, Rudy Novak 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. Zoning Law divides plot 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 denied the application on the following grounds: 1, That there are no special circumstances or conditions applying to the building and/or land for which a variance is sought which circumstances or conditions are peculiar to such land and/or building and which do not apply generally to land or buildings in the district. 2. That the facts and circumstances claimed by the applicant to entitle hime to the variance are not such as would deprive him 146 of the reasonable use of the land and/or building and that the granting of the variance is not necessary for the reasonable use of the land and/or building. 3. That the granting of the variance would not be in harmony with the general purposes and intent of this Ordinance and would be injurious to the neighborhood and detrimental to the public welfare. FURTHER RESOLVED that this resolution be filed with the Town Clerk as provided by Section 267 of the Town Law. The vote on the foregoing resolution was as follows: Chairman Wullschleger Naye George Schuler Aye Sydney Bierman Aye Laurence Sobel Aye Philip Corby Aye The secretary then read the second application. APPLICATION NO. 2---FRANK GREENSPAN Case # 67 Application of Frank and Sylvia Greenspan for permission to erect a 6 foot high, solid fence on premises located at 87 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112, Parcel 310, in accordance with Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck. The Chairman inquired whether 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: Mr. Greenspan In Opposition: None Mr. Greenspan appeared and submitted a survey of his property and a sketch of the porposed fence and its location on his property. The Board members questioned Mr. Greenspan as to why a six foot fence was necessary and were told that the Greenspahs 147 would like the additional privacy and protection from marauding animals and trespassing children. Mr. Bierman then asked Mr. Greenspan if he would be willing to make the fence along the 21 feet of sideline 5 feet in height and that the portion for the rear line be 6 feet from grade level. This Mr. Greenspan agreed to do. On motion by Mr. Sobel, seconded by Mr. Wullschleger the following resolution was unanimously adopted. WHEREAS, Frank and Sylvia Greenspan heretofore requested a permit for the erection of a 6 foot high stockade type fence on the rear and side lines of his property located at 87 Colonial Avenue which property is known as Block 112, Parcel 310 on the Assessment Map of the Town of Mamaroneck; and WHEREAS, the Building Inspector refused to grant such permit on the ground that construction or erection of such fence violated Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Mr. Greenspan has appealed to this Board for modification of the Building Inspector's decision pursuant to Article IV, Section 421. 4 so as to allow erection of said fence; NOW, THEREFORE, BE IT RESOLVED that permission is granted to Frank and Sylvia Greenspan to erect a stockade type fence on their property located at 87 Colonial Avenue subject to the following conditions: 1. 21 feet on sideline shall be five rather than 6 feet high. 2. 14 feet on rear line may be six feet from grade level. FURTHER RESOLVED that this resolution be filed with the Town Clerk as provided by Section 267 of the Town Law. The Chairman then requested the secretary to read the application of Frank J. Fraioli which had been tabled at the 148 meeting of April 27, 1960. APPLICATION of FRANK J. FRAIOLI Case #64 Application of Frank J. Fraioli for modification of Article IV, Section 410, "Schedule of Permitted Uses in Business District" so as to permit the erection and illumination of a sign on premises located at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407, Parcel 192, on the ground of practical difficulty and unnecessary hardship. Mr. Fraioli appeared and stated that he had complied with the Board's request to shield the lights on the existing sign and that he was grateful to them for their suggestion. 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: Frank J. Fraioli In Opposition: None Mr. Fraioli also said that he will not use a flashing light on the sign as any time. Following some discussion on motion by Mt. Sobel, seconded by Mr. Schuler the following resolution was adopted: WHEREAS, Frank J. Fraioli submitted an application for a building permit to the Building Inspector for the erection and illimination of a sign, together with plans; and WHEREAS, the Building Inspector 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 Permitted Uses in Business District" which deals with signs, and WHEREAS, Frank J. Fraioli submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. To reduce expense of new sign used electrical parts and neon tubes were installed. 149 2. To be effective sign can only be set back one and one half feet due to large trees. 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 sign and that for these reasons the granting of the variance is necessary for the reasonable use of the land and/or sign and that the variance as granted by the Board is the minimum adjustment that will accomplish this purpose. 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 detri- mental to the public welfare; and it is FURTHER RESOLVED that Article IV, Section 410, "Schedule of Permitted Uses in Business Districts" be varied and modified so as to allow for the erection and illumination of a sign on premises located at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407, Parcel 162, 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 Mamarnneck and subject to the following condition: 1. No flashing lights will be used in connection with this sign. and it is 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 con- struction 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 vote on the foregoing resolution was as follows: Chairman Wullschleger: Aye Mr. Schuler: Aye Mr. Sobel Aye Mr. Bierman Aye Mr. Corby Abstaining 150 The Chairman requestedthe secretary to read the third application. APPLICATION NO. 3---ALFRED WILLIS, ARCHITECT Case # 68 Application of Alfred Willis for modification of Article IV, Section 410 of the Zoning Ordinance of the Town of Mamaroneck so as to permit the extension of an ex- isting building, in an R 7. 5 residential district, having an 8. 0 foot side line rather than the required 10. 0 foot side line on premises located at 39 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115, Parcel 506, on the grounds of practical difficulty and/or unnecessary hardship. The Chairman asked if any person present wished to speak cam, either in favor of or in opposition to this application and u. the following persons addressed the Board: For Applicant: Alfred Willis, Architect 132 Larchmont Ave. , Larchmont E. P. Cosgrove 39 Valley Road, Larchmont ® In Opposition: Letter from Wm. B. Case 29 Valley Road, Larchmont Mr. Willis, speaking for Mr. Cosgrove, appeared and submitted plans for the proposed extension to the existing building. He explained that the applicant had filed for this future extension and the Zoning Ordinance had changed before the applicant had completed the alteration. Mr. Cosgrove told the Board that he urgently needs more space. The secretary read a letter from Mr. Case stating that he was opposed to this application as he felt that it added to the fire hazard in the neighborhood. This letter is filed with the appli- cation. Following some discussion on motion by Mr. Bierman, seconded by Mr. Wullschleger, the following resolution was unanimously adapted: WHEREAS, Alfred Willis, architect, has submitted an application for a building permit to the Building Inspector for the construction of an addition to an existing building, together with plans; and IN IV 151 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 Ord- inance which provides for side yards etc. ; and WHEREAS, Alfred Willis, architect, 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 filed for future extension and the Zoning Ordinance changed before owner completed alteration. 2. Owner needs more room. and WHEREAS, this Board jas 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 building for which a variance is sought, which circumstances and/or conditions are peculiar to such building and do not 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 circumstances and/or conditions are as follows: 1. Owner had filed for extension and Zoning Ordinance had chnaged before owner completed alteration. which said circumstances and/or conditions are such that the particular application of the Ord- inance with respect to Article IV, Section 410 would deprive 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. 152 (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 Article IV, Section 410 of the Zoning Ordinance of the Town of Mamaroneck relating to side yards on premises located at 39 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115, Parcel 506 be varied and modified so as to permit the extension of the existing building with a side yard of 8 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 Ordi- nance 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 a period of 6 months or completed within a period of two years of the date of said permit. FURTHER RESOLVED that this resolution 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. e-A-Tivkl/Yrt.")--)1a>ye44,-- r Ruth Dammann, secretary 153