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HomeMy WebLinkAbout1951_01_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JANUARY 24th, 1951, IN THE BOARD ROOM AT 11 EDGEWOOD AVENUE, LARCMMONT, N. Y. The Chairman, Mr. Wullschleger, called the meeting to order at 8 P . M. PRESENT: Mr. Wullschleger, Chairman Mr. Burke Mr. Butterfield Mr. Rigano Mr. Brush ABSENT: None Presence was also noted of the Building Inspector, Mr. Thomas J. McEvoy. On motion duly made and seconded, the minutes of the previous meeting, held November 22nd, 1950, were approved as presented. Mr. Wullschleger said that when he joined the Board two years ago, he had made it a point to go with Mr. C . J . Quinn, the then Chairman, and inspect the various properties in connection with which applications had been made for variances . Under the new regime, he said, the whole Board will be invited, with Building Inspector Thomas McEvoy, to inspect the properties before each meeting. Mr. Wullschleger next said he would like to propose the following resolu- tion: RESOLVED that this Board do and it hereby does accept with deep regret the resignation of Chairman Cornelius J . Quinn, who has, for six years,given valuable service to the Board as a member and as Chairman. His wise counsel and tireless devotion to the work of this Board will be remembered with deep appreciation by his associates . The Board extends every good wish to Mr. Quinn for success in his new duties as a member of the Police Commission. FURTHER RESOLVED that this Board also accepts with deep regret, the resignation of Charles F. Mink, who has so ably served as a member of this Board for approximately six years. His technical and practical knowledge and good judgment have been a great help to his associates. Tne Board extends to him every good wish as he leaves the community. FURTHER RESOLVED that the Board, with great pleasure, wel- comes to its membership, Mr. Joseph J . Rigano and Mr. C . Benjamin Brush, Jr. who have been appointed by the Town Board to fill the vacancies caused by the resignations of Mr. Mink and Mr. Quinn. Upon motion by Mr. Burke, seconded by Mr. Butterfield, the fore- going resolution was unanimously adopted and it was further -15- J RESOLVED that a copy of the preceding resolution be and it hereby is spread upon the minutes of this meeting. The first application before the Board was that of Mr. Joseph Pittera for modification of Article II, Section 3 of the Zoning Ordinance to permit the construction of a two-family residence on premises on the north side of Lester Place, known on the Tax Assessment Map of the Town of Mamaroneck as Block 130, Parcel 123. Mr. Pittera appeared in his own behalf and submitted plans of the proposed house. He said he has owned the property for approximately 15 years and the proposed dwelling conforms with the Zoning Ordinance in all respects. He also said he owns the property immediately ad- joining, upon which there is a multi-family house. There was no opposition to the application. Mr. henry Rothman, 22 Lafayette Road, was present and incuired whether this variance, if granted, would affect any other property in the neighborhood. Mr. Wullschleger informed Mr. Pittera. that he would be notified of the Board' s decision. The next application before the Board was that of Rockledge Holding Corporation, Mr. C . W. Moody, President, for modification of Article III, Section 9 of the Zoning Ordinance to permit the construction of a one-family residence within 30 feet of the side street line, to wit, 18 feet from Sackett Drive, on premises on the south side of Althea Lane, corner of Sackett Drive, known on the Tax Assessment Map of the Town of Mamaroneck as Block 106, part of Parcel 336. Mr. Moody appeared in behalf of the application and submitted a plot plan of the lot as well as blue prints of the house plans. He said there is a large ledge of rock on the lot which makes it necessary for him to build nearer the street line of Sackett Drive, if possible. Mr. Wullschleger informed Mr. Moody that he would be notified of the Board' s decision. The Board then went into executive session and after discussion, upon motion duly made and seconded, the following resolution was adopted: WHEREAS, Joseph Pittera has appealed from a determination of the Building Inspector, denying him permission to erect a two-family residence on premises on the north side of Lester Place, known on the Tax Assessment Map of the Town of Mamaroneck as Block 130, Parcel 123; and WHEREAS, after publication of notice as required by law, no one has appeared in opposition to the relief appealed for; and -16- J WHEREAS, it appears that appellant is entitled to the relief requested, on the ground that to require appellant to comply strictly with the provisions of the Ordinance would impose upon him unnecessary hardship as many of the surrounding houses are multi-family; and WHEREAS, it is the opinion of the Board that the relief hereby granted will not be detrimental to the surrounding neighborhood, but in keeping with a proper utilization of the premises, and preserve the spirit of the Ordinance, NOW, THEREFORE, BE IT RESOLVED that the application of Joseph Pittera for modification of Article II, Section 3 of the Zoning Ordinance to permit the construction of a two-family residence on premises on the north side of Lester Place, known on the Tax Assessment Map of the Town of Mamaroneck as Block 130, Parcel 123, be and the same hereby is granted and the decision of the Build- ing Inspector reversed, upon the ground that applicant has shown unnecessary hardship in complying with the provisions of the Ordinance and the granting of the application will be in keeping with the spirit of the Ordinance, provided that the applicant comply in all other respects with the Zoning Ordinance and Build- ing Code of the Town of Mamaroneck. A vote taken on this resolution resulted as follows: AYES: Mr. Wullschleger Mr. Burke Mr. Brush Mr. Butterfield Mr. Rigano NOES: None 'p The Board next took up the application of Rockledge Holding Corp. and on motion duly made and seconded, the following resolution was adopted: WHEREAS, Rockledge Holding Corporation has taken an appeal from a decision of the Building Inspector denying its application to permit the construction of a one-family residence within 30 feet of the side street line, to wit, 18 feet from Sackett Drive, on premises on the south side of Althea Lane, corner of Sackett Drive, known on the Tax Assessment Map of the Town of Mamaroneck as Block 106, part of Parcel 336, which application was denied by the Building Indpector because of the provisions of Article III, Section 9 which provide that no part of any building shall be built within 30 feet of any street line except that on corner lots, such buildings may be set back a lesser distance from the street with the approval of the Board of Appeals; and WHEREAS, the said appeal was predicated upon the grounds of hardship because of the fact that the lot or plot contains a large ledge of rock, making it necessary to build nearer the street line of Sackett Drive, if pos: lble; and -17- 1 WHEREAS, after publication of notice as required by law, no one has appeared in opposition to the relief appealed for, NOW, THEREFORE, BE IT RESOLVED that the appeal of the said Rockledge Holding Corporation be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting the erection of a single family dwelling herein applied for and as shown on the plot plan and building speci- fications filed in connection with this application, not less than 20 feet from the line of Sackett Drive, provided that the applicant comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaro- neck. A vote taken on this resolution resulted as follows: AYES: Mr. Wullschleger Mr. Burke Mr. Brush Mr. Butterfield Mr. Rigano NOES: None There being no further business to come before the meeting, it ad- journed at 8:40 P . M. , L % - 9 Secretary -18-