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HomeMy WebLinkAbout1960_08_03 Zoning Board of Appeals Minutes HINUTES OF A SPECIAL I:IEETING OF TIE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK' HELD AUGUST 3,1960 IN THE COURT ROOM OF POLICE HEADQUARTERS, 11 EDGEWOOD AVENUE; TOWN OF MAI,IARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:00 p.m. PRESENT: A. E. Wullschleger, Chairman George Schuler Laurence Sobel Philip Corby ABSENT: Sydney Bierman HEARING The chairman declared the hearing open and asked the secretary to read the application which, after pre- sentation of the affidavit of publication of the notice of the hearing in the official newspaper of the Town Of Mamaroneck, The Daily Times, on July 30, 1960, was read as follows : APPLICATION N0. 1---E. J. EGAN for EDGAR ADSIT Case # 70 Application of Edward J. Egan, agent for Edgar Adsit, for modification of Article IV, Section 410, Residence District Regulations Schedule, and Article IV, Section 400.4 Division of an Existing Lot, so as to permit the construction of a one family dwelling on a lot, which by division of the existing lot into a parcel, results in a building lot with a frontage of 25 feet on Homer Avenue rather than the re- quired 85 feet . on premises known as Block 121, part of Parcel 426, which is divided, on the ground of practical difficulty and/or unnecessary hardship. 176 The Chairman asked if anyone oresent wished to speak either in favor of or in opposition to this appli- cation and the following persons addressed the Board: For Appellant: Edward J. Egan, Esquire 250 Park Avenue New York, N.Y. Edgar Adsit 22 Byron Lane Larchmont, N.Y. In Opposition: James J. Johnston, Esquire Larchmont Acres, Larcbxnont William Girardi 25 Homer Ave. , Larchmont Joseph Goldberg 20 Homer Ave. , Larchmont Stephen M. Haviland 28 Homer Ave. , Larchmont Mrs . Norman Elliott 16 Byron Lane, Larchmont Mr. Egan, representing Mr. Adsit, submitted an amended plot plan showing a setback of 55 feet for the proposed dwelling and providing for a circular driveway thereby eliminating the necessity for backing into the street from the driveway. He agin state that his client had owned the property since 1949 and now wished to sell it. Mr. Johnston, speaking for Messrs . Girardi, Goldberg, Haviland and Mrs. Elliott, also submitted petitions from several owners of adjacent property asking that the application not be granted. These petitions are on file with the application. Mr. Johnston stated that his clients felt that this 25 foot frontage on Homer Avenue would tend to depreciate the value of the neighboring houses. Also it creates a traffic hazard. Mrs . Elliott stated that since we have a Zoning Ord- inance why not abide by it. Mr. Adsit, speaking on his own behalf, stated that he had tried to sell this property to any of the adjoining owners but they had shown no interest other than to buy little pieces of it rather than the entire parcel: Following some further discussion, on motion by i r. Corby, seconded by I:r. Schuler the following resolution was unanimously adopted: WHEREAS, Edward J. Egan, agent for Edgar Adsit, has submitted to the Building Inspector an application for a building perr:it for the 177 construction of a one family dwelling , together with plans for same; and C 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 rill Section 410 Schedule of Residence District Regulations and Section 400.4 Subdivision of an Existing Lot; and WHEREAS, r. Egan has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 4'y 1. Lot #3 as shown on :.:ap of Byron �_. Estates filed June 24, 1944 complies with the original Zoning, at which time no street frontage was required 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 fror.i. (b) That the aforesaid circumstances and/or conditions are as follows: 1. Lot number 3, as shown on the Map of Byron Estates , filed June 24, 1944 complies with the original Zoning , at which time no street frontage was required. 2. Strict compliance with the minimum street frontage would deprive the owner of the reasonable use of his land. 178 ° I which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Section 410 and Section 400.4 would deprive the owner of the reasonable use of such land and that for these reasons the granting of the variance is necessary for the reasonable use of that 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 other- wise detrimental to the public welfare; and it is FURTHER RESOLVED that Article IV, Section 410 and Section 400.4 of the Zoning Ordinance of the Town of Mamaroneck relating to street frontage and division of an existing lot, be varied and modified so as to permit the construction of a one family house with a 25 foot frontage rather than the required 85 feet on premises located on Homer Ave. and known on the Tax Assessment Hap of the Town of I,Iamaroneck as Block 121, part of Parcel 426, in strict accordance with the amended plan as filed with this application and marked as exhibit A, provided that the applicant 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 shall be void if construction is not started within'six 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. Lr. Sobel then requested that a copy of these minutes be sent to the Town Board calling their attention to the problems created by the Zoning 179 Ordinance adopted in June 1959 in relation to dead-end streets, and asking them to study the problem. ADJOU N12ITT There being no further business to come before this meeting it was adjourned at 9:20 p.m. 40'"N 7 .‘Z-7--) AV,9,2-2,-).214,&-rz... Ruth Dar mann, Secretary 180