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HomeMy WebLinkAbout1964_11_18 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD NOVEMBER 18 , 1964, 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 :05 p.m. PRESENT: Sydney D. Bierman, Chairman E. Robert Wassman Henry E. Mullick Richard Eggers Price H. Topping ABSENT: William Paonessa, Building Inspector MINUTES : The minutes of the meetingof October 28 , 1964 were approved e e ppr ved as corrected, on motion duly made and seconded. HEARING: The Chairman declared the hearing open and the secretary presented the affidavit of publication of the notice of the hear- ing in the official newspaper of the Town of Mamaroneck, The Daily Times on November 12 , 1964. OLD BUSINESS : Application No. 6 - Case 198 - Dunkin Donuts The Chairman advised he had received a memo from the secre- tary stating she had received phone calls from Mr. Silverstein, President of Dunkin Donuts , and Mr. John Jaszek of Precon Struct- ures , requesting that their application for variance be withdrawn. This case had been adjourned, at the request of the applicant at the October 28 , 1964 meeting. A letter confirming the withdraw- al will be forthcoming and filed for the record. Application No. 1 - Case 189 The Chairman read a letter from J. C. Baity regarding his re- quest for a rehearing of his application for variance at the Sept- ' t ember 23 , 1964 meeting, which request had been granted. Mr . Baity had originally been denied a variance on August 26, 1964. The letter stated the Zoning Board of Appeals had granted him a re- hearing in regard to relocation of the playhouse, now in violation of Ordinance . He had decided to locate the playhouse behind his 604 own house , which will be set back more than 40 ft . from the street property line and more than 15 ft . from his rear property line. It is necessary for him to remove and transplant a large rose bed to the rear wall of the house ; therefore this cannot be done until freezing, which he estimates in the middle of December. He will then have transplanted roses and removed playhouse to a conform- ing location. He stated, for the above reasons , he will take no further action toward his request for a rehearing. The Chairman asked that the record should indicate that the Board neither approved or disapproved Mr. Baity ' s statement con- cerning whether or not location is conforming or will conform or that the continuance of the idayhouse, in its present location, is authorized by this Board until substantial freezing time. The Chairman requested the secretary to read the first appli- cation. APPLICATION NO. 7 - CASE 199 • Application for rehearing of Case 199 , Dr. & Mrs . James Q. Haralambie, for permission to construct an addition to the west- erly side of the existing dwelling at 32 Bonnie Way, which case was heard and denied by this Board on October 28, 1964. For Appellant : Dr. James Q. Haralambie 32 Bonnie Way Larchmont , N.Y. Peter Moore , Architect 124 Murray Avenue Larchmont, N.Y. Peter Moore, Architect, representing the applicants appeared and stated that if there were five members present a definitive determination would have been made one way or the other in re- ierring to the decision of a four man Board vote which denied the application on October 28 , 1964. Another factor stressed by Mr. Moore centered on the contention that on the property line abutting the new street there could not be any structure erected. Mr. Bierman predicated application on two points : 1. If there had been five members present there would have been no tie vote and more definitive even though effect- ively denied. 0 2 . The addition is not on the line of the property abutt- nent and henceforth there should be no structure. Following some further discussion, the Board unanimously 609 granted Dr. Haralambie permission for a rehearing on December 23 , 1964. Mr. Bierman noted that there were a number of letters from residents in favor of the application and advised the applicants these would be held by the secretary, to be submitted at the re- hearing of this case on December 23 , 1964. The Chairman requested the secretary to read the next appli- cation. APPLICATION NO. 1 - CASE 200 Application of Ciro LaBarbera, d/b/a Minit Car Wash, for modification of Article IV, Section 410 in a "B" Business Dis- trict , so as to allow the construction of a 40 ' x 60 ' addition to the rear of the existing building which will have a rear yard of 4. 31 ft . , a side yard of 3 .02 ft . and a building cover- age of 30. 7% rather than the required mininum rear yard of 25 ft . , the required minumum side yard of 4 ft . and the allowable maximum building coverage of 25%; and in addition, modification j of Article III , Section 340, Item 2 , having to do with Lots in Two or More Districts , so as to allow said extension and use to come within approximately 32-ft. of Van Gilder Street rather O than the 100-ft required, on the premises located at 434 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 , Parcel 326, on the grounds of oractic71l difficulty and/or unnecessary hardship. The Chairman read a letter from William S . Brill , Attorney for Ciro LaBarbera , dated November 17 , 1964 in which he request- ed the Board to adjourn the hearing of this applicatuion until the next meeting of the Zoning Board, to be held on December 23 , 1964. This letter was received and filed for the record. The Board unanimously granted Ciro LaBarbera permission for a hearing on December 23 , 1964. NEW BUSINESS Mr. Bierman read a communication from Frederick F. Kellogg, Town Engineer, of the Planning Board, regarding the Forthcoming Master Plan, requesting the Zoning Board to submit in writing a list of provisions of the Zoning Ordinance that the Zoning Board might feel needed particular study. O The Secretary was requested to speak with the Town Engineer in regard to the date the information must be submitted to the Planning Board. 610 ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9 :25 p.m. . Le Esta E. Davis, Secretary 611 1