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HomeMy WebLinkAbout1952_04_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD APRIL 23rd, 1952, AT THE MAMARONECK TOWN POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. Mr. Wullschleger called the meeting to order at 8 P . M. PRESENT: Mr. Wullschleger, Chairman Mr. Burke Mr. Maggini Mr. Rigano ABSENT: Mr. Brush Presence was also noted of Mr. Delius, Town Attorney and Mr. McEvoy, Building Inspector. The first application before the Board was that of Ellis K. Locher, by Alfred Willis, Agent and Architect, for modification of Article II, Section 7 of the Zoning Ordinance as amended, to permit a garage to be set into the bank, part of roof graded and corners shrubbed, 5 feet from front lot line, on premises on the west side of Valley Road, 240 feet south from Forest Avenue, known on the Tax Assessment Map of the Town of Mamaroneck as Block 114, Parcel 108. Mr. Willis appeared representing the application and submitted plans. He said the present owner had purchased the house about 6 years ago and that it would cost from $1,500 to $1,800 to build the garage, without any blasting. The following people registered opposition to the application: Mr. Theodore Koontz, 84 Valley Road Mrs. Sarah Taylor, 97 Valley Road Mr. Henry Boston, 96 Valley Road Mr. Philip Murphy, 87 Valley Road Mrs. Theodore Koontz, 84 Valley Road Mr. Wullschleger read a letter signed by Willy and Margaretha Olsen, objecting to the structure. This was received and filed. The applicant was informed that he would be notified of the Boardts decision. The next application before the Board was that of Raymond G . Richards, by Alfred Willis, Agent and Architect, for modification of Article III, Section 9 of the Zoning Ordinance, to permit an addition to a one- family dwelling, the east corner of which will be 26.92 feet and the west corner of which will be 28 feet from the property line on premises on the south side of East Garden Road, 114 feet east from Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213, Parcel 130. -79- f Mr. Willis appeared in behalf of the application and explained that the plan is to tear down the present garage and build a new one with living quarters over it. Mr. Richards has owned the property for 10 years and the space in the present garage is insufficient for a modern car. Mr. William Babb, 10 Greystone Road, appeared in favor of the applica- tion. No one appeared in opposition. Mr. Willis was informed that he would be notified of the Board' s deci- sion. ****** The next two applications were submitted together and were as follows: The application of the Estate of Maxwell V. Miller, by Frederick Miller, for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit the erection of a one-family dwelling in an AA Residence Zone, with side yards of 10 feet and 15 feet, or an aggregate of 25 feet (5 feet less than the required aggregate of 30 feet) on premises on the southeast side of Oxford Road, 145 feet northeast from Dundee Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208, Parcel 197. The application of the Estate of Maxwell V. Miller, by Frederick Miller, for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit erection of a one-family dwelling in an AA Resi- dence Zone, with side yards of 10 feet and 12 feet or an aggregate of 22 feet (8 feet less than the required aggregate of 30 feet) on premises on the southeast side of Oxford Road, 125 feet northeast from Dundee Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208, Parcel 207. Mr. John C . Merritt, Architect, appeared in behalf of both these applications and said that Mr. Mark F . Braeckel, 30 Greystone Road, is desirous of building a 1 1/2 story house on Block 208, Parcel 207. The house is similar to a house he saw in another locality but will not fit on the lot in question without a variation of the side set- back regulations. With regard to the other lot, Block 208 Parcel 197, Mr. Merritt wants to build a speculative house and has in mind the re-subdivision of these lots as he has, in all, a total of some 200 feet frontage. The following people registered opposition: Mr. Peter Burbank, 1 Oxford Road Mr. Richard Fisk, 10 Oxford Road Mr. Wullschleger read a letter from Mr. W . H. Cathcart, 1 Oxford Road, also objecting to the application. This was received and filed. -80- Mr. Frederick Miller, Executor of the Maxwell Miller Estate, spoke in favor of the application. Mr. Fisk said he owns vacant land adjacent to Block 208 Parcel 197 and suggested that he might be willing to sell part of his vacant land to Mr. Merritt, provided he, himself, would have enough land left to con- struct a house in accordance with the restrictions contained in the Ordinance. The Board discussed this matter further and decided to deny the applica- tions without prejudice and suggested that the applicant, Mr. Merritt, Mr. Braeckel, Mr. Fisk and Mr. Burbank, might get together and work out some plan mutually satisfactory and again come before the Board. The Board went into executive session and after discussion of the application of Mr. Ellis K. Locher, on motion duly made and seconded, it was RESOLVED that the appeal of Ellis K. Locher, by Alfred Willis, Agent and Architect, for modification of Article II, Section 7 of the Zoning Ordinance as amended, to permit a garage to be set into the bank, part of roof graded and corners shrubbed, 5 feet from front lot line, on premises on the west side of Valley Road, known as 91 Valley Road and also known on the Tax Assessment Map as Block 114, Parcel 108, be and the same hereby is denied on the ground that the applicant has failed to show unnecessary hardship or practical difficulty in abiding by the provisions of the Ordinance. A vote taken on this resulted as follows: AYES: Mr. Wullschleger Mr. Burke Mr. Rigano Mr. Maggini NOES: None After discussion of the application of Raymond G . Richards, upon motion duly made and seconded, the following resolution was adopted: WHEREAS, Raymond G . Richards, by Alfred Willis, Agent and Architect, has appealed to this Board for modification of Article III, Section 9 of the Zoning Ordinance, to permit an addition to a one-family dwelling, the east corner of which will be 26.92 feet and the west corner of which will be 28 feet from the property line, on premises on the south side of East Garden Road known as 150 East Garden Road and also known on the Tax Assessment Map as Block 213 Parcel 130; and WHEREAS, the application came on duly to be heard before this Board at its regular meeting, held April 23rd, 1952; and WHEREAS, it appears that it would be an unnecessary hardship to require the applicant to comply with the strict provisions of the Ordinance, -81- NOW, THEREFORE, BE IT RESOLVED that the appeal of Raymond G . Richards, by Alfred Willis, Agent and Architect, be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting an addition to a one-family dwelling, the east corner of which will be 26.92 feet and the west corner of which will be 28 feet from the property line on premises on the south side of East Garden Road, known as 150 East Garden Road and also known on the Tax Assessment Map as Block 213 Parcel 130, 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 Ordinance and Building Code of the Town of Mamaroneck. A vote taken on this resolution resulted as follows: AYES: Mr. Wullschleger Mr. Burke Mr. Rigano Mr. Maggini NOES: None After discussion of the application of the Estate of Maxwell V . Miller, by Frederick Miller, on motion duly made and seconded, it was RESOLVED that the appeal of the Estate of Maxwell V . Miller, by Frederick Miller, for modification cf Article III , Section 9 of the Zoning Ordinance as amended, to permit the erection of a one-family dwelling in an AA Residence Zone, with side yards of 10 feet and 15 feet, or an aggregate of 25 feet (5 feet less than the required aggregate of 30 feet) on premises on the southeast side of Oxford Road, 145 feet northeast from Dundee Road and known on the Tax Assessment Map as Block 208 Parcel 197, be and the same hereby is denied without prejudice, on the ground that the applicant has failed to show unnecessary hardship or practical difficulty in abiding by the provisions of the Ordinance. A vote taken on this resolution resulted as follows: AYES: Mr. Wullschleger Mr. Burke Mr. Rigano Mr. Maggini NOES: None After discussion of the application of the Estate of Maxwell V . Miller, by Frederick Miller, on motion duly made and seconded, it was -82- RESOLVED that the appeal of the Estate of Maxwell V. Miller, by Frederick Miller, for modification of Article III , Section 9 of the Zoning Ordinance, as amended, to permit the erection of a one-family dwelling in an AA Residence Zone, with side yards of 10 feet and 12 feet or an aggregate of 22 feet (8 feet less than the required aggregate of 30 feet) on premises on the southeast side of Oxford Road, 125 feet north- east from Dundee Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Parcel 207, be and the same hereby is denied without prejudice on the ground that the applicant has failed to show unnecessary hardship or practical difficulty in abiding by the provisions of the Ordinance. A vote taken on this resolution resulted as follows: AYES: Mr. Wullschleger Mr. Burke Mr. Rigano Mr. Maggini NOES: None There being no further business to come before the meeting, it adjourned at 9:45 P . M . Secretary -83-