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HomeMy WebLinkAbout1960_11_23 Zoning Board of Appeals Minutes .000 MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD NOV- EMBER 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 Richard Eggers ALSO PRESENT; William Paonessa, Building & Plbg. Inspector John L. Delius, Town Attorney WELCOME TO NEW MEMBER Mr. Wullschleger introduced Mr. Richard Eggers to the Board and welcomed him as a member of the Board of Appeals. Mr. Eggers was appointed to fill Mr. Corby's unexpired term. MINUTES The minutes of the meeting of October 26, 1960 were approved as presented. OLD BUSINESS--HOWELL PARK ASSOCIATION Mr. Joseph Johnston, attorney for Grew Properties, appeared and asked if the Board had received and studied the memorandum he had submitted on November 4, 1960. Mr. Wullschleger answered in the affirmative. He also aaaured Mr. White, attorney for Howell Park Association that his answer to the memorandum had been received and studied. Mr. Johnston then made a motion that the Board dismiss the application of the Howell Park Association. 208 Following some discussion on motion by Mr. Bierman, seconded by Mr. Schuler the following resolution was adopted: RESOLVED that the motion by Joseph Johnston, Esquire to dismiss the Application of the Howell Park Associ- ation is hereby denied without prejudice. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The vote on the foregoing resolution was as follows: Mr. Wullschleger Aye Mr. Schuler Aye Mr. Bierman Aye Mr. Eggers Aye Mr. Sobel Abstaining APPLICATION OF J. RENE SIMON Mr. Simon appeared and asked that he be given a 30 day extension in obtaining a building permit as he had been unavoidably delayed but hoped to be able to get the permit in the near future. This request was granted by the Board 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, on Nov. 16, 1960. The Chairman requested the secretary to read the first application. APPLICATION NO. 1--PAUL MORAN, JR. Case 82 Application of Paul Moran, Jr. for permission to erect 32 lineal feet of solid fence 6 feet high along the easterly side line on premises located at 18 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121, Parcel 38 in accordance with Article IV, Section 421. 4 6f 209 of the Zoning Ordinance of the Town of Mamaroneck. The Chairman inquired whether anyone present wished to address the Board either in favor of or in opposition to this application and the following persons were heard: For Applicant: Paul Moran, Jr. In Opposition: None Mr. Moran submitted a plan of his property indicating where the proposed fence would be located. He also submitted a sketch of the proposed fence. Since there was no opposition, on motion by Mr. Eggers, seconded by Mr. Bierman the following resolution was unan- imously adopted: WHEREAS, Paul Moran, Jr. heretofore requested a permit for the erection of 32 lineal feet of solid fence 6 feet high along the easterly side line of his property located at 18 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121, Parcel 38; and WHEREAS, the Building Inspector refused to grant such permit on the ground that con- struction or erection of such fence violated Article IV, Section 421. 4 of the Zoning Ord- inance of the Town of Mamaroneck; and WHEREAS, Mr. Moran, Jr. has appealed to this Board for modification of the Building Inspector's decision pursuant to Article IV, Section 421. 4 so as to allow the erection of said fence; NOW, THEREFORE, BE IT RESOLVED that permission is granted to Paul Moran, Jr. to erect 32 lineal feet of solid fence 6 feet high along the easterly side line of his property located at 18 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121, Parcel 38. FURTHER RESOLVED that this resolution be filed with the Town Clerk as provided in Section 267 of the Town Law. 210 The Chairman then requested the secretary to read the application of the Larchmont Country Club Diner which had been adjourned at the October meeting of the Board. APPLICATION--LARCHMONT COUNTRY CLUB DINER Application of Larchmont Country Club Diner for mod- ification of Article IV, Section 455. 4, which provides that no parking required for business use in a business district may be provided in a residence district, so as to permit the extension of an existing parking lot on premises located on Boston Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505, Parcel 433, said lot to extend into an R-6 residence district, 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 persons were heard: For Appellant: Irving Rubin, Esquire 271 North Ave. New Rochelle Don Zappavigna Post Road, Larchmont In Opposition: Mr. & Mrs. George MacLaggan 6 Dean Place, Larchmont Mr. Rubin, attorney for Mr. Zappvigna, appeared and sub- mitted plans for the proposed parking lot. He stated that his client was prepared to do any fencing, planting, screening, and lighting that the Board requested. Mr. MacLaggan stated that he still was not pleased about the noise and unpleasant language used by the diner's patrons. Mr. Bierman reiterated that he thought no cars should be allowed to park in front of the diner. Following further discussion as to conditions, on motion by Mr. Schuler, seconded by Mr. Sobel the following res- olution was adopted: WHEREAS, the Larchmont Country Club Diner has submitted an application for a building permit to the Building Inspector for the extension of an existing 211 parking lot, 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 455. 4 of said Ordinance which porvides that no parking required for business use in a business district may be provided in a residence district; and WHEREAS, Mr. Rubin, attorney for the Larchmont Country Club Diner, 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 explanatory sheet attached to the application; and WHEREAS, this application came to be heard on November 23, 1960; 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 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 con- ditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Reg- ulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 1. Zoning Ordinance required more parking space than is presently possible. 2. Post Road heavily travelled which makes it impossible to park on. 212 3. Lot is not useable fro any other purpose which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Article IV, Section 455. 4 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 varaince is hereby granted to the applicant so as to allow for the extension of an existing parking lot which will extend into an R-6 district and that said variance is granted upon the following •terms and conditions: 1. 6 inch curb or coping shall be installed along easterly side of property, between the end of the existing retaining wall and hedge as shown on the plan. 2. Solid fence at least six feet high installed along the division line between George MacLaggan and Larchmont Country Club Diner at rear of curb, face of fence to be toward the property of George MacLaggan. 3. Construction of exit and entrance must meet with the approval of the Building Inspector. 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 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 6 months or completed within 2 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. 213 The vote on the foregoing resolution was as follows: Mr. Wullschleger Aye Mr. Schuler Aye Mr. Sobel Aye Mr. Eggers Aye Mr. Bierman Naye ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:30 p. m. (?<Atii, 00f)'n/7not,.>-%--71./ Ruth Dammann Secretary 214