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HomeMy WebLinkAbout1953_04_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MpMARONECK, HELD APRIL 22, 1953, IN THE MAMARONECK TOWN POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMAROivECK. The meeting was called to order at 8 P . M. PRESENT: Mr. A. E. Wullschleger, Chairman Mr. Joseph Rigano Mr. Fred L. Maggini Mr. C . Benjamin Brush Mr. Morgan J . Burke, Jr. ABSENT: None Presence was also noted of Mr. McEvoy, Building Inspector, Mr. Delius, Town Attorney, and Mrs. Barnes, Clerk to the Board and recording secretary. Upon motion duly made and seconded, the minutes of the previous meeting, held March 25, 1953, were approved as presented. The first application taken up by the Board was that of Paul A. Yerick for modification of Article III, Section 9 of the Zoning Ordinance to permit a one-family dwelling with rear yard of less than 15% of the depth of lot on premises located at 102 Laurel Avenue and known as Block 124 Parcel 191 on the Tax Assessment Map of the Town of Mamaroneck. Chief Yerick appeared in his own behalf and stated that the lot is a shallow one and when the house is located on it (house is being moved from another lot) there will be a rear yard of 6 feet, facing the new Thruway and the railroad tracks. He submitted a sketch of the property. There was no opposition to this application. The next application taken up was that of M. Shapiro & Son Construction Co. , Inc. for modification of Article II, Section 7 of the Zoning Ordin- ance to permit provision of garage space for each apartment as shown on plans for a proposed new apartment house to be erected on the north side of Palmer Avenue, 1,100 feet west from Weaver Street, on ;remises known as Block 401, Parcel 1, on the Assessment Map of the Town of Mamaroneck. Mr. Joseph S . Johnston, an attorney, appeared for the applicant and asked to have the matter put over until the June meeting when his client will have the result of a Town Board hearing on the matter of whether or not to re-zone the property at 65 Palmer Avenue. On motion duly made and seconded, it was unanimously RESOLVED that this matter be adjourned until the meet- ing of this Board to be held June 24, 1953, and the Clerk is directed to publish and mail the usual notice. 119 The next application was that of Rockledge Holding Corp. for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit the erection of a building on a corner lot to be less than 40 feet from the street line on ;.remises located at No. 2 Dudley Lane, and known as Lot 2 on Second Amended Map of Glen Eagles Ridge, Section One, belonging to Rockledge Holding Corp. , Town of Mamaroneck, Westchester County, N. Y. , made by A. J. Foote, C . E. and S . , dated June 2, 1952, and filed in the County Clerk' s Office, Division of Land Records on June 5, 1952, as Map No. 7726, and also known on the Tax Assessment Map of the Town of Mamaroneck as Block 313, part of Parcel 148. There was no one present to represent this applicant. The Clerk read a telegram, dated April 22, from Francis B. Upham, request- ing a postponement until the next meeting (May 27th) of acticn on the application of Rockledge Holding Corp. He said the request was made on behalf of his client, Mr. Edward B. Polak, owner of Lot One, adjacent to the subject property, because of the numerous deeds, title policies, surveys and maps involved, requiring research of records which he could not complete for this meeting . In the absence of any appearance, the Chairman granted the postponement. The next mpplication was that of Katherie A. Eckhardt for modification of Article III, Section 9 of the Zoning Ordinance, to permit the altera- tion of an attached garage bringing it within 30 feet of the side street li e, to wit, 26 feet on premises known as 26 Stoneyside Drive and also known as Block 212, Parcel 263 on the Tax Assessment Map of the Town of Mamaroneck. Mr. Albert J. Eckhardt appeared and submitted blueprints and a sketch of the property. There was no opposition to this application. The next application was that of Mrs. Amelia B. Simpson, by Alfred Willis, Agent, for modification of Article III, Section 9 of the Zoning Ordinance, to permit the addition of one room and bath in line with present build- ing, front and rear, on a one-family dwelling located less than 30 feet from the front street line on premises known as 19 Maple Hill Drive and also known as Block 119 Parcel 304 on the Tax Assessment Map of the Town of Mamaroneck. Mr. Willis appeared and submitted blue prints and a plot plan. It is planned to do away with the present garage and install a new one underneath the contemplated addition Of one room and bath. It will be a one car garage. Mr. Brush said he would like this to be understood inasmuch as there is no mention of garage in the application. There was no opposition to this application. -120- The next application was that of Allen Kenyon for modification of Article III, Section 9 of the Zoning Ordinance, to permit addition of one room on a one-family dwelling located less than 30 feet from the street line on premises known as 220 Rockingstone Avenue and also known as Block 115, Parcel 400 on the Tax Assessment Map of the Town of Mamaroneck. Mr. Kenyon appeared and stated that the house is 24 feet from the road (a non-conforming use) and the contemplated addition will not be any nearer the street line. He submitted a plot plan and explained that the additicn will merely con- tinue the present building line. There was no objection to this application. The next application was that of Carmine Perciasepe for modification of Article II, Section 4 of the Zoning Ordinance, to permit use of 3 gas pumps and enlargement of present station frontage from 75 feet to 150 feet and to provide parking area for customers' cars being serviced and those using trains to New York City, on premises located in a "C" Business district, known as 190 Myrtle Boulevard and also known as Block 133, Parcel 627, on the Tax Assessment Map of the Town of Mamaroneck. Mr. Perciasepe appeared and said he will tear down the present shacks. There was no opposition to this application. Mr. C . W. Moody appeared in connection with the application of Rockledge Holding Corp. and was told his case had been postponed. Mr. Moody apologized for having been late and stated he felt the deci- sion granting the postponement requested by the telegram (again read by the Clerk) had been an arbitrary one. He was told that Mr. Polak has raised a question as to the ownership of the property. Mr. Moody stated that he has title insurance. Mr. Burke suggested a special meeting . After discussion, on motion duly made and seconded, it was unanimously RESOLVED that this Board hold a special meeting to con- sider the application of Rockledge Holding Corp. referred to above, on Saturday, May 9, 1953, at 10 A. M. , at 11 Edge- wood Avenue, Town. FURTHER RESOLVED that this disposition supersedes the pre- vious adjournment to May 27th, 1953. - FURTHER RESOLVED that the Clerk publish and mail the usual notice. -121- The Clerk was instructed to notify Mr. Upham, and also that no further postponements will be granted. The Board then went into executive session and after discussion, upon motion duly made and seconded, the following resolution was - adopted: WHEREAS, Paul A. Yerick has appealed to this Board for modifica- tion of Article III, Section 9 of the Zoning Ordinance, to permit a one-family dwelling with rear yard of less than 15% of the depth of lot on premises located at 102 Laurel Avenue and known as Block 124,' Parcel 191 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, the application has come on duly to be heard before this Board at its regular meeting, held April 22nd, 1953; and WHEREAS, it appears that it would be an unnecessary hardship to require the applicant to comply with the strict provisions of the Ordinance, NO14, THEREFORE, BE IT RESOLVED that the appeal of Paul A. Yerick be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting the location of a one-family dwelling with rear yard of less than 15% of the depth of the lot (but in no event less than 6 feet) on premises located at 102 Laurel Avenue known as Block 124, Parcel 191, on the Tax Assessment Map of the Town of Mamaroneck, in accordance with plans and specifications filed in connection with this application, provided, however, that in all other respects, applicant comply with the provisions of the Zoning Ordinance and Building Code of the Town of Mamaroneck. The vote recorded on this resolution was as follows: AYES: Mr. kullschleger Mr. Rigano Mr. Maggini Mr. Brush Mr. Burke NOES: None On motion duly made and seconded, the following resolution was adopted: WHEREAS, Katherine A. Eckhardt has appealed to this Board for modification of Article III, Section 9 of the Zoning Ordinance, to permit alteration of an attached garage bringing it within 30 feet of the side street line, to wit, 26 feet, on premises known as 26 Stoneyside Drive and also known as Block 212 Parcel 263 on the Tax Assessment Map of the Town of Mamaroneck; and -122- WHEREAS, this application has come on duly to be neard before this Board at its regular meeting, held April 22nd, 1953; and WHEREAS, it appears that it would be an unnecessary hardship to require the applicant to comply with the strict provisions of the Ordinance, N0�!, THEREFORE, BE IT RESOLVED that the appeal of Katherine A. Eckhardt be and the same hereby is allowed and the decision of the Build- ing Inspector reversed to the extent of permitting the alteration of an attached garage, bringing it within 30 feet of the side street line, to wit, 26 feet on premises known as 26 Stoneyside Drive, and also known as Block 212, Parcel 263 on the Tax Assessment Map of the Town of Mamaroneck, in accordance with plans and specifi- cations filed in connection with this application, pro- vided, however, that in all other respects, applicant comply with the provisions of the Zoning Ordinance and Building Code of the Town of Mamaroneck The vote recorded on this resolution was as follows: AYES: Mr. Wullschleger Mr. Rigano Mr. Maggini Mr. Brush Mr. Burke NOES: None On motion duly made and seconded, the following resolution was adopted: WHEREAS, Amelia B. Simpson, by Alfred Willis, Agent, has appealed to this Board for modification of Article III, Section 9 of the Zoning Ordinance to permit the addition of one room and bath in line with present building front and rear on a one-family dwelling located less than 30 feet from the front street line on premises known as 19 Maple Hill Drive and also known as Block 119 Parcel 304 on the Tax Assess- ment Map of the Town of Mamaroneck; and WHEREAS, the application has come on duly to be heard before this Board at its regular meeting, held April 22nd, 1953; and WHEREAS, it appears that it would be an unnecessary hardship to require the applicant to comply with the strict provisions of the Ordinance, NOW, THEREFORE, BE IT RESOLVED that the appeal of Amelia B. Simpson, by Alfred Willis, Agent, be and the same hereby is allowed and the decision of the Building Inspector -123- 1 reversed to the extent of permitting the addition of one room and bath in line with present building front and rear on a one-family dwelling located less than 30 feet from the front street line on premises known as 19 Maple Hill Drive and also known as Block 119 Parcel 304 on the Tax Assessment Map of the Town of Mamaroneck, in accordance with plans and specifi- cations filed in connection with this application, provided, however, that in all other respects, applicant comply with the provisions of the Zoning Ordinance and Building Code of the Town of Mamaroneck. The vote recorded on this resolution was as follows: AYES: Mr. Wullschleger Mr. Rigano Mr. Maggini Mr. Brush Mr. Burke NOES: None On motion duly made and seconded, the following resolution was adopted: WHEREAS, Allen Kenyon has appealed to this Board for modification of Article III, Section 9 of the Zoning Ordinance to permit addition of one room on a one-family dwelling located less than 30 feet from the street line on premises known as 220 Rockingstone Avenue and also known as Block 115, Parcel 400 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, the application has come on duly to be heard before this Board at its regular meeting, held April 22nd, 1953; and WHEREAS, it appears that it would be an unnecessary hardship to require the applicant to comply with the strict provisions of the Ordinance, NOW, THEREFORE, BE IT RESOLVED that the appeal of Allen Kenyon be and the same hereby is allowed and the decision of the Build- ing Inspector reversed to the extent of permitting the addition of one room on a one-family dwelling located less than 30 feet from the street line on premises known as 220 Rockingstone Avenue and also known as Block 115 Parcel 400 on the Tax Assessment Map of the Town of Mamaroneck, in accordance with plans and speci- fications filed in connection with this application, provided, however, that in all other respects, applicant comply with the provisions of the Zoning Ordinance and Building Code of the Town of Mamaroneck. -124- i -- -- - - - - _.. --- - - - ---- A vote recorded on this resolution was as follows: AYES: Mr. Wullschleger Mr. Rigano Mr. Maggini Mr. Brush Mr. Burke NOES: None On motion duly made and seconded, the following resolution was adopted* WHEREAS, Carmine Perciasepe has appealed to this Board for modi- fication of Article II, Section 4 of the Zoning Ordinance to permit use of 3 gas pumps and enlargement of present station frontage from 75 feet to 150 feet and to provide parking area for customers' cars being serviced and for those using trains to New York City on premises located in a "Cu Business district, known as 190 Myrtle Boulevard and also known as Block 133 Parcel 627 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, the application has come on duly to be heard before this Board at its regular meeting, held April 22nd, 1953; and WHEREAS, it appears that it would be an unnecessary hardship to require the applicant to comply with the strict provisions of the Ordinance, NOW, THEREFORE, BE IT RESOLVED that the appeal of Carmine Perciasepe be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of allowing him to use premises known as Block 133 Parcel 627 as a parking lot or space incidental to his gasoline service station which he owns and maintains on the r adjoining property, to wit , Block 133, Parcel 635 in accordance with authority granted by this Board in a variance dated December 28, 1949 and that this use include the installation of gasoline pumps for the servicing of motor vehicles upon the premises,provided, however, that he shall demolish the present buildings or structures located upon the premises covered by this resolution. A vote recorded on this resolution was as follows: AYES: Mr. Wullschleger Mr. Rigano Mr. Maggini Mr. Brush Mr. Burke NOES: None -125- The Chairman suggested a vote of thanks to Mr. McEvoy, the Building Inspector, who is most generous and cooperative in accompanying the Board members on their tours of inspection even though it may mean devoting Saturday afternoons or evenings to this work. The Board is extremely grateful. Mr. Burke stated that he finds this procedure (looking at the sub- ject properties before each meeting) which was instituted by the present Chairman, Mr. Wullschleger, vetrhelpful in enabling him to arrive at a decision. There being no further business to come before the meeting, it adjourned at 8: 5o P . M. Secretary -126-