HomeMy WebLinkAbout1961_10_25 Zoning Board of Appeals Minutes ce
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COo MINUTES OF A REGULAR MEETING OF THE ZONING BOARD
OF APPEALS OF THE TOWN OF MAMARONECK, HELD OCT-
OBER, 25, 1961, IN THE COUNCIL ROOM OF THE WEAVER
STREET FIREHOUSE, 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
Laurence Sobel
ALSO PRESENT: William Paonessa, Building Inspector
C ABSENT: Sydney Bierman
Richard Eggers
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MINUTES
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dS The minutes of the meeting held September 27, 1961, were
2 approved as presented.
O ANNOUNCEMENT
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The Chairman announced that since only three members of the
Board were present a unanimous vote would be required on any
application and therefore, any applicant who so desired could
have his application adjourned to the next meeting.
65 PALMER AVENUE
Robert B. White, Esquire, representing the Howell Park
Association, asked that the matter of 65 Palmer `Avenue be
298
adjourned to the meeting of the Board, which will be held Nov.
29, 1961. He stated that the reason for requesting the adjournment
was that certain papers concerning this matter would be filed on
October 26, 1961.
James Johnston, Esquire, representing Grew Properties, said
that he had no objection to this adjournment.
HEARING
The Chairman declared the hearing open and requested the
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 Mamaronec, The Daily Times, on Oct-
ober 18, 1961 , was read as follows.
APPLICATION No. 1---ARNOLD ZELVIN--CASE 107
Application of Arnold Zelvin for modification of Article IV,
Section 455. 2 of the Zoning Ordinance of the Town of
Mamaroneck, Off-Street Parking, so as to allow the con-
struction of an off-street parking area at the property
line rather than the required 25 feet from the property
line on premises located at 188 Rockingstone Avenue
and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 115, Parcel 445, on the grounds
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 addressed the Board:
For Appellants: Mr. & Mrs. Arnold Zelvin
William Fernschild
193 Rockingstone Ave.
Mrs. S. Shore
20 Valley Road
Letter from O. Clear
4 Valley Road
In Opposition: William Jorgenson
208 Rockingstone Ave.
Mr. Zelvin appeared and stated that they needed this additional
parking space as the family owne three cars, one of which is in
the garage and is being worked on by their son who repairs cars
299
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as a hobby. They also have a married daughter who lives in Penn-
sylvania and when that family comes to visit them they have no
place to park their car off the street.
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itt Mr. Fernschild said that he could see no reason to object to
this application as it would not cause any hardship to anyone in
the neighborhood.
Mr. Jorgenson stated that he felt that this parking area would
tY depreciate the neighborhood and felt that no hardship had been
shown. He further stated that if this application were to be
03
0 granted anyone in the neighborhood could request similar parking
areas.
Following some discussion, on motion by Mr. Schuler, seconded
by Mr. Sobel the following resolution was unanimously adopted:
WHEREAS, Arnold Zelvin has submitted an application
for a building permit to the Building Inspector for the
construction of an off-street parking area, 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 Ma-
mamaroneck with particular reference to Article IV,
Section 455. 2, which provides that no unenclosed off-
street parking facility shall be developed within 25 feet
of a front lot line; and
WHEREAS, Arnold Zelvin 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. Family has three cars.
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2. One car is parked straddling the sidewalk
W and roadway.
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3. When family comes to visit from Penn-
sylvania there is no parking space available.
and
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0 WHEREAS, this Board has examined the plans and also
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has viewed the property and has heard all persons in-
terested in this application after publication of a notice
thereof,
300
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 land for which the variance is sought
which circumstances or conditions are peculiar to such
land and which do not apply generally to land 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 that the granting of the variance is not necessary
for the reasonable use of the land.
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 in accordance with Section 267 of the Town Law.
LARCHMONT COUNTRY CLUB DINER
The Board members asked Mr. Paonessa if the Diner had
fulfilled all the conditions of the variance granted them.
When Mr. Paonessa answered in the negative, Mr. Sobel
moved and Mr. Schuler seconded the following resolution:
RESOLVED that the Larchmont Country Club Diner has
been granted a variance subject to certain conditions,
the Diner has not complied with these conditions, therefore,
the Town Attorney, Mr. Delius, should take all steps
to force the Larchmont Diner to conform to the re-
quirements of the variance or take steps to have the
variance rescinded.
This resolution was adopted unanimously.
ADJOURNMENT
There being no further business to come before this meeting
it was adjourned at 9:00 p. m.
ka71-72-777.Art--71,9-L,
301 Ruth Dammann, secretary