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HomeMy WebLinkAbout1961_11_29 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD NOV- EMBER, 29, 1961, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE HEADQUARTERS, 11 EDGEWOOD AVE. 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 Inspector Councilman Joseph W. Cook, Jr. MINUTES The minutes of the meeting held October 25. 1961, were approved as presented. 65 PALMER AVENUE Robert B. White, attorney for the Howell Park Association, appeared and stated that the appeal submitted October 26, 1961, had not been returned and that he would like a postponement until the next meeting of this Board on December 27, 1961. When Mr. Johnston, attorney for Grew Properties, made no objection Mr. White's request was granted. HEARING The Chairman declared the hearing open and requested the 303 secretary to read the first application, which after presentation of the affidavit of publication of the notice in the official news- paper of the Town of Mamaroneck, The Daily Times, on Nov. 22, 1961, was read as follows: APPLICATION NO. 1---WINGED FOOT GOLF CLUB--CASE 108 Application of Winged Foot Golf Club for modification of Article IV, Section 410, Schedule of Permitted Uses in a Residence District and Section 440. 3, Extension of Non- Conforming Use, so as to allow the construction of a 23 ft. 10 inch x 79 ft. 3 inch metal storage building, in an r-30 district on premises located on the west side of Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 347, Parcel 1, on the grounds of practical difficulty and/or unnecessary hardship. The Chairman asked if anyone present wished to address the Board either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Charles C. Glavin, Member of the Bd. of Governors. In Opposition: Albert C. Gould Mr. Glavin appeared and stated that the Club urgently needs this metal shed to store heavy and expensive equipment over the winter months. He submitted plans for the proposed shed. Mr. Gould, owner of property abutting the Club, stated that he was not opposed to the granting of the variance but that he would suggest some sort of screening to help remove the unsightly appearance of the property at this time. Mr. Glavin said he could not speak for the Club as to whether or not they would accede to any request for screening. At this point Mr. Bierman stated that he felt there was a question as to whether this application was properly before this Board, because of a question of jurisdiction. Councilman Cook then state that he would also suggest come screening and further stated that he thought Mr. Bierman's point was a valid one. Following some further discussion, Mr. Sobel moved that 304 the Board grant the application, provided that the Town Attorney rule that this Board does have jurisdiction in this case. Since �r there was no second to this motion the motion died on the floor. Mr. Bierman then offered the following resolution: RESOLVED, that this application be deferred until the next regular metting of this Board and that in the interim the opinion of the Town Attorney be solicited, and procured on issue of whether this Board has jurisdiction to act on the application, as well as the recommendations of the Arch- itectural Board of Review on the plans submitted. The vote on the foregoin resolution was as follows: Chairman Wullschleger Naye Mr. Schuler Naye Mr. Eggers Naye Mr. Bierman Aye Mr. Sobel Aye Following some further discussion the following resolution was adopted: WHEREAS, Winged Foot Golf Club has submitted an application for a building permit to the Building In- spector for the construction of a metal shed, 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 a Residence District and Section 440. 3, Extension of Non-Conforming Use; and WHEREAS, Winged Foot Golf Club has submitted to this Board an application for a variance on the gound of practical difficulty y and/or unnecessary hardship for the If following reasons: 1. need Urgent of add itional ditional storage space to house various pieces of maintenance equipment 2. This heavy and expensive equipment must Cpresently be left out of doors. 305 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 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. There is need for storage space for large maintenance equipment. 2. Equipment must presently sit out side in all kinds of weather which is most unsatisfactory 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 the 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 granted to the applicant and that Article IV, Section 410 and Section 440. 3 be varied and modified so as to allow the construction of a metal storage shed 23 feet, 10 inches X 79 feet, three inches on premises located on the west side of Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 347, Parcel 1, in strict accordance with the plans filed with this application and provided that the applicant 306 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 months of the filing of this resolution with the Town Clerk. A building permit gig' be void if construction is not started within 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. The vote on the foregoing resolution was as follows: Wullschleger Aye Schuler Aye Eggers Aye Bierman Naye Sobel Abstaining The secretary then read the second application Case 109-APPLICATION NO. 2--FRANC L. ROGGERI Application of Franc L. Roggeri for modification of Article IV, Section 410, Schedule of Residence District Regulations, note "D", so as to allow an extension to an existing garage which extension would extend to the easterly property line with no side yard, required side yard is 5 feet for accessory buildings, on premises located at 73 Myrtle Boulevard, Larchmont and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124, Parcel 388, on the grounds of practical difficulty and/or unnecessary hardship. 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: Franc L. Roggeri In Opposition: John C. Fisher 71 Myrtle Boulevard Mrs. Sverre Thomassen 73 Myrtle Boulevard 307 01., Mr. Roggeri appeared and stated that it would be much more convenient for he and his wife if this garage could be extended. He further stated that due to the contour of the driveway it was dangerous in ice and snowy weather to get the car out safely. Mr. Fisher said that this was a common driveway and that if the variance were granted it would encroach on his property. Mr. Thomassen said that she felt this was more a matter of convenience than hardship. Mr. Eggers, Board member, asked if this garage could not be moved back on the property since it would not be easy to make this addition. Following some further discussion the following resolution was unanimously adopted: WHEREAS, Frank Roggeri has submitted an application for a building permit to the Building Inspector for the construction of an extension to an existing garage together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that the plans failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Section 410 of said Ordinance which provides for side yards, etc. ; and WHEREAS, Franc Roggeri 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. Present garage difficult to get in and out of. 2. Situation dangerous in ice and snow due to countour of driveway. 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 'vow, thereof, 308 NOW, THEREFORE, BE IT RESOLVED, that this Board denies the application upon the following grounds: 1. That there are no special circumstances or conditions applying to the the building and land for which the variance is sought which circum- stances and conditions are peculiar to such land and 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 him to the variance are not such as would deprive him of the reasonable use of the land and building and that the granting of the variance is not necessary for the reasonable use of the land and 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 decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The secretary then read the third application. Case 110-APPLICATION NO. 3--JESSE VAN LAW Application of Jesse M. Van Law for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to allow the extension of an existing garage and first floor living area and terrace, having a side yard of 6 feet rather than the required 10 feet, on premises located at 3 Glenn Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115, Parcel 178 on the ground of practical difficulty and/or unnecessary hardship. The chairman asked if anyone present wished to be heard either in favor of or in apposition to this application and the following persons addressed the Board: 309 1 VJ W • 0 015 For Appellant Jesse Van Law Co 0 Letter containing 7 signatures of CO neighbors Henry Lockwood, Architect • In Opposition: None Mr. Van Law appeared and stated that this addition would enhance the value of the property and would get rid of an un- sightly compost heap. Further discussion by the Board members brought out the fact that prior to the adoption of the new Zoning Ordinance no variance would have been required. Also Mr. Van Law is not encroaching any further on the side set-back. On motion by Mr. Eggers, seconded by Mr. Schuler, the following resolution was unanimously adopted; WHEREAS, Jess Van Law has submitted an application for a building permit to the Building Inspector for C the construction of an addition to an existing building together with plans; and WHEREAS, the Building Inspector has refused to issue W such permit on the ground that the plans submitted Qfailed to comply with the Zoning Ordinance of the Town W of Mamaroneck with particular reference to Section 410 fl. of said Ordinance which provides for side yards, set- c:5 backs, etc. ; and WHEREAS, Mr. Van Law has submitted to this Board 0 an application for a variance on the ground of practical 0 difficulty and/or unnecessary hardship for the following CO reasons: 1, Garage too small to accomodate modern cars and can only be extended to the rear. 2. Extension of garage will create terrace which would be convenient for occupant. 3. Ground floor powder room a necessity. 4. Masronry work should be done before the advent of cold weather. 5. Terrace extension improves appearance and eliminates undesirable features. 310 and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons interested in this application after publi- cation 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 and building for which a variance is sought, which circumstances and/or conditions are peculiar to such land and building and do not apply generally to the land and/or 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. Garage too small to accomodate modern cars. 2. Extension of garage will create terrace which will be convenient for occupant. room 3. Ground floor powder a necessity. 4. Masonry work should be done before advent of cold weather. 5. Terrace extension improves appearance and eliminates undesirable features. 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 reason- able use of such land and building and that for these reasons the granting of the variance is necessary for the reasonable use of the land and building and that the variance as granted by the Board is the minimum ad- justment 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 311 0 FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV, Section 410, should It be varied and modified so as to permit the extension ILl of an existing garage and first floor living area and terrace, having a side yard of 6 feet rather than the tit required 10, feet on premises located at 3 Glenn Road and known on the Tax Assessment Map of the Town of ctS Mamaroneck as Block 115, Parcel 178, in strict ac- cordance with the plans filed with this application and provided that the applicant complies in all other respects Q with the Zoning Ordinance and Building Code of the Town CO of Mamaroneck. FURTHER RESOLVED that in accordance with the Rules and Regulations of the Zoning Board, where a variance if 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 completed within two years of the date of said permit. FURTHER RESOLVED that this resolution be filed with the Town Clerk in accordance with Section 267 of the og"*. Town Law. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:30 p. m. Qtug C.c1 ),ry) L catS Ruth Dammann, Secretary 2 c 0 0 0 312