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HomeMy WebLinkAbout1967_10_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD OCTOBER 25, 1967, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER In the absence of Mr. Eggers, Mr. Wassman the acting Chairman called the meeting to order at 8:25 p.m. ROLL CALL Present: Mr. Robert Wassman, Acting Chairman Mr. Henry Mullick Mr. Price H. Topping Mr. Russell G. Pelton Absent: Mr. Richard F. Eggers Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of September 27, 1967 were presented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Sec- retary presented for the record the affidavit of publication of the notice of hearing. The Chairman read a letter addressed to Mr. Eggers from Mr. Dugan, Attorney for Mr. Charles Revson. The letter requested a two months extension of the temporary variance for the retention of the trailer on Mr. Revson's property on Premium Point. Mr. Dugan appeared before the Board and presented a photograph taken on October 11, 1967 showing the progress that has been made with the construction of the new house on Mr. Revson's property. It was pointed out that the house is fully enclosed and the work is proceeding on schedule. It was, also, pointed out that according to Judge Dillon's deci- sion the trailer was to be removed from the property by October 17, 1967. Mr. Wassman read a letter from Mr. Johnston, the Town Attorney, advising the Board that the petitioners should enter into a stipulation with the Town in which it is stated that in granting this further extension the Town does not in any way waive its rights as set forth in the decision by Judge Dillon, namely, to recall the building permit or refuse to issue a certificate of occupancy. The Board voted on the application subject to a stip- ulation to be prepared by the Town Attorney and the result was as follows: Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Topping - Aye Commissioner Pelton - Aye The Chairman requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 280 Application of Mr. Seymour Louis Lubliner for mod- ification of Article IV, Section 410, Schedule of Residence District Regulations for an R-7.5 Resi- dential District and Note "A" of the Zoning Ordi- nance so as to allow the construction of an addi- tion to the existing dwelling located on a corner lot having a minimum front set-back of 25 feet from Bryson Street instead of the required minimum front set-back of 30 feet on the premises located at 132 North Chatsworth Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 113 Par- cel 37 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. Lubliner appeared before the Board and stated that they intended to build an addition to the exist- ing dwelling. The existing room is not heated and is too small. Due to the fact that there is no base- ment in the house the applicants felt this was the only part of the house that could be used for this type of room and they would be unable to build on any other part of the house without infringing on their neighbors property. Mr. Lubliner, also, stated that they had three young boys and needed the addi- tional space for a family room. The Board asked Mr. Lubliner when he had purchased the house and how many childred he had at the time. The applicant stated that when he had purchased the house about four years ago he had three boys. The Board, also, asked Mr. Lubliner if he had considered heating the present room to make it more usable. The applicant said he had inquired and the cost would be exorbitant. After further discussion of the application a vote was taken and the result was as follows : Commissioner Wassman - Nay Commissioner Mullick - Aye Commissioner Topping - Nay Commissioner Pelton - Aye The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. Seymour Louis Lubliner has submitted an application for a building permit to the Building Inspector for the construction of an addition to the exist- ing dwelling together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamar- oneck, with particular reference to Article IV, Section 410, Schedule of Residence Dis- trict Regulations for an R-7.5 Residential District and Note "A" of the Zoning Ordi- nance which requires on a corner lot a front set-back of 30 feet from both streets on the premises located at 132 North Chats- worth Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 113 Parcel 37; and WHEREAS, Mr. Seymour Louis Lubliner has submitted to this Board an application for a variance on the ground of practical dif- ficulty and/or unnecessary hardship for the following reasons: 1. The existing room is not heated and is too small. 2. Due to the fact that there is no basement in the house this is the only part of the house that could be used for this type of room. 3. They would be unable to build on any other part of the house without infringing on their neigh- bors property. WHEREAS, this Board has examined the plans, reviewed the application 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 ap- plication on the following grounds: 1. That there were no special circumstances or conditions ap- plying to the land for which the variance is sought, which cir- cumstances or conditions are peculiar to such land and which do not apply generally to land in the district. 2. That the facts and circum- stances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land. 3. That the granting of the var- iance would not be in harmony with the general purposes and intent of this Ordinance and would be injurious to the neigh- borhood 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 Chairman requested the Secretary to read the next application. APPLICATION NO. 2 - CASE 281 Application of Mr. Frank Guadagnolo for modification of Article IV, Section 410, "Schedule of Permitted Uses in an Office Building District" and Article IV, Section 400.1, "Conformance Required for all Land and Buildings" of the Zoning Ordinance of the Town of Mamaroneck so as to allow the erection of a six story apartment building on a parcel of land Zoned OB-2 on the premises located at 2 Garfield Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 148 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Wassman read a letter from the Town Attorney, Mr. Johnston advising the Board that the application was for the rezoning of Mr. Guadagnolo's property which is not a proper adjunct of the Zoning Board of Appeals. Mr. Johnston stated that the applica- tion was therefore a matter for the Town Board. In consequence, the Board did not consider or pass upon the application. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 8.55 p.m. Rita A. John on, Secretary