HomeMy WebLinkAbout1962_01_31 Zoning Board of Appeals Minutes 0 MINUTES OF A SPECIAL MEETING OF THE ZONING BOARD
OF APPEALS OF THE TOWN OF MAMARONECK, HELD JAN.
31, 1962, IN THE COUNCIL ROOM OF THE WEAVER STREET
FIREHOUSE.
CALL TO ORDER
George Schuler, acting chairman, called the meeting to
order at 8:00 p. m.
PRESENT: A. E. Wullschleger
George Schuler
Sydney Bierman
Laurence Sobel
ABSENT: Richard Eggers
HEARING - - HOWELL PARK ASSOCIATION
The chairman declared the hearing open and asked if any
persons present wished to be heard either in favor of or in
opposition to this application and the following persons addressed
the Board:
For Appellant: Robert B. White, Esquire
149 Broadway, New York
In Opposition: None
Mr. Schuler asked Mr. Bierman to please review this
case and give a run down of the Court records. This Mr. Bierman
did.
Mr. White then stated that he still had doubts as to this
Board's jurisdiction over the matter. Mr. White further
stated that as requested by the Board he had submitted a
brief on the matter but that Mr. Joseph Johnston, attorney
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for the opposition, has not done so. He also called attention to
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the fact that Mr. Johnston was not present at this hearing.
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(/) Mr. Bierman replied that he deplored the absence of the
WJohnstons and felt that it showed lack of deference toward the
Board.
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2 There followed a lengthy discussion between Mr. Bierman
and Mr. White mostly concerning legal matters in reference to
IX this application.
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mFollowing this discussion on motion by Mr. Wullschleger,
seconded by Mr. Bierman the following resolution was adopted:
WHEREAS, this application first came to be heard on
June 24, 1959, at which time it was adjourned; and
WHEREAS, this application has come to be heard
several times since and been repeatedly adjourned; and
WHEREAS, Mr. James and Mr. Joseph Johnston have
requested this Board to dismiss the application following
Court decisions:
NOW, THEREFORE, BE IT
RESOLVED, that this Board finds the following:
1. That applicants appealed from the action of the
® Building Inspector to the Town Board under Building
t Code requesting the same relief now requested from
I the Zoning Board.
2. The Town Board denied application on merits and
refused to revoke the Building Permit.
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W 3. The applicants, thereafter, brought an action
under Article #78 of the Civil Practice Act before
the Supreme Court, Westchester County for a
review of the action of the Town Board and a
nullification of such action, requesting the Supreme
Court to revoke the Permit.
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0 4. In said action, an order was entered holding "that
COan application to dismiss upon the grounds that the
applicants had not exhausted their administrative
�., remedies and should not be heard by the Supreme
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Court until the Zoning Board of Appeals had determined
the appeal then pending before it" and "that the appli-
cants had made an election of remedies by proceeding
before the Town Board".
5. After trial, the Supreme Court entered an order
dismissing the proceeding on the ground that "the
Town Board had no authority to revoke the Permit".
6. Upon appeal from that order, the Appellate Division
ruled the order was affirmed upon the ground that
applicants did not have legal capacity to bring action
in the Supreme Court.
7. The Appellate Division specifically stated that "In
any event, on the merits, we think the assailed
Building Permit was properly issued and is valid".
8. The leave to appeal to Court of Appeals, both to
the Appellate Division and Court of Appeals was denied.
9. The matter raised by application as filed May 27th,
1959 before this Board has thereby become "Res Adjudicata".
FURTHER RESOLVED that this application is hereby
denied.
The vote on the foregoing resolution was as follows:
Wullschleger Aye
Bierman Aye
Schuler Aye
Sobel Abstaining
Eggers Absent
FURTHER RESOLVED that this resolution be filed with the
Town Clerk as provided in Section 267 of the Town Law.
ADJOURNMENT
There being no further business to come before this meeting
it was adjourned at 10:00 p. m. in honor of Mr. Wullschleger,
who was attending his last meeting of the Zoning Board, after
years of active and worthwhile service, in his capacity as
Chairman.
Ruth Dammann, Secretary
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