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HomeMy WebLinkAbout1951_04_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD APRIL 25th, 1951, IN THE BOARD ROOM AT 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. The meeting was called to order by Mr. Wullschleger, Chairman, at 8 P . M. PRESENT: Mr. Wullschleger, Chairman Mr. Rigano Mr. Brush Mr. Burke ABSENT: None Presence was also noted of the Building Inspector, Mr. McEvoy and the Town Attorney, Mr. Delius. Upon motion duly made and seconded, the minutes of the previous meeting, held March 19th, 1951, were approved as presented. The first application before the Board was that of William Davidson for modification of Article II, Section 6 of the Zoning Ordinance, to permit alterations and additions to a non-conforming building and to allow the addition of a terrace and garage which would encroach on the required front yard, on premises on the northwest side of Senate Place at the intersection with Daymon Terrace, known on the Tax Assessment Map of the Town of Mamaroneck as Block 112, Parcel 504. Mr. Davidson appeared in his own behalf and submitted a blueprint of the building. He said that the present building, which was originally the Boy Scout House, violates the Zoning Ordinance, and cannot be altered without encroaching on the front set-back. Mr. Norman G . Blair, 4 Chatsworth Avenue, Larchmont, an architect, appeared in behalf of the application and answered questions. Mr. Fred Plowman, 7 Senate Place, appeared in favor of the application. He told the Board that he is definitely in favor of the alteration as he feels it will improve the property. A letter from Mr. Carl Norris, 16 Senate Place, in favor of the applica- tion, was read by the Chairman and ordered received and filed. After discussion, the applicant was informed that he would be notified of the Board' s decision. ****** The next application before the Board was that of Cook' s 1265 Corpora- tion (Jerry Cook, President) for modification of Article II, Section 4 of the Zoning Ordinance of the Town of Mamaroneck to permit the installation, maintenance and operation of kiddy rides upon a portion -25- (approximately 30' x 90') of Block 412, Parcel 479, on the east side of Boston Post Road 376 feet northeast from Ridge Road, in the Town of Mamaroneck, for the purpose of entertaining children of customers who come to applicant' s restaurant and for the purpose of increasing applicant' s business. Mr. Irving Wein, an attorney from Port Chester, representing Mr. Cook, addressed the Board, and submitted a catalogue showing pictures of the contemplated rides. Mr. Cook was also present. Mrs. Eileen M. Reilly, 17 Rockridge Road, was present and spoke in opposition to the proposed kiddy rides. She said the noise would be a nuisance to her property which is in back of Cook' s restaurant. She said she had lived in her present home since 1940. Mrs. Richard Locke, 10 Rockridge Road, opposed the application. Mr. Frank Gironda, 11 Cabot Road, Larchmont, said he was present representing the Veterans of Foreign Wars and though he had come to oppose the application, since he had learned that there would be a fence around the proposed rides and that they would be supervised, he now wished to register approval of the project. Mr. Wein said the rides would not be kept open after 9 P. M. The applicant was informed that he would be notified of the Board' s de- cision. The next application before the Board was that of Carl Guglielmo for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit the construction of a 1 1/2 story dwelling on the north side of Beresford Lane known as Block 206, Parcel 330 on the Tax Map of the Town of Mamaroneck, with a front set-back of less than 40 feet, to wit, 25 feet. Mr. Carl Guglielmo, Jr. and Mr. Thomas Guglielmo, appeared representing their father, the applicant, and submitted a sketch of the property and blueprint plans of the house. Mr. Guglielmo said that if the building were kept 40 feet back from the front property line, the rear yard would 4 be very small and the house would be closer to the house in the back than is desirable in that neighborhood. Mr. Wullscnleger read a letter written to him by Mr. John V. Sharbough, 24 Avon Road, which letter was ordered received and filed. There was no opposition to this application. Mr. Guglielmo was informed that he would be notified of the Board' s decision. -26- The last application before the Board was that of Milton Shifman, for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit the construction of a new residence on premises on the north- east corner of White Plains Road and Fairway Drive, known as Block 333, Parcel 946 on the Assessment Map of the Town of Mamaroneck, with a set- back of less than 40 feet from the street line as required by the Ordin- ance, to wit, 30 feet. Mr. Shifman appeared in his own behalf, submitted a blueprint of the property and a plan of the proposed building, which he said could not be located on the lot as shown, unless he were granted the requested variance. He also said he had talked with his neighbors and they are well satisfied with the way he plans to arrange his house on the plot. There was no opposition to this application. Mr. Shifman was informed that he would be notified of the Board' s decision. Dr. Salviola came before the Board to learn whether a variance granted to Dr. Joseph P . Carlucci on July 7th, 1950, on premises known as Block 104, Parcel 92, would go with the property. Mr. Delius stated that the variance previously granted was on an appeal from a decision of the Building Inspector denying a building permit for certain plans, and the resolution granting that variance read in part as follows: "******** as shown on the plot plan and drawings filed in connection with this application, ##***" Dr. Salviola was told that he would have to apply for a building permit and then come before this Board on a new application if he needed a variance. #***** The Board then went into executive session and on motion duly made and seconded, it was RESOLVED that the application of William Davidson for modification of Article II, Section 6 of the Zoning Ordinance to permit alterations and additions to a non-conforming building and to allow the addition of a f terrace and garage which would encroach on the required front yard, on premises on the nortnwest side of Senate Place, at the intersection with Daymon Terrace, known on the Tax Assessment Map of the Town of Mamaroneck as Block 112, Parcel 504, be and it hereby is granted and the Building Inspector be and he hereby is directed to issue to the applicant a building permit, on the ground that applicant has shown practical difficulty and un- necessary hardship in complying strictly with the provi- sions of the Ordinance, provided, however, that in all other respects the applicant abide by the provisions of the Zoning Ordinance and Building Code of the Town of Mama rone ck. -27- A vote taken on this resulted as follows: AYES: Mr. Wullschleger Mr. Burke Mr. Brush Mr. Rigano NOES: None On motion duly made and seconded, it was RESOLVED that the application of Cook' s 1265 Corporation (Jerry Cook, President) for modification of Article II Section 4 of the Zoning Ordinance of the Town of Mamaroneck to permit the installation, maintenance and operation of kiddy rides upon a portion (approximately 30' x 90' ) of Block 412, Parcel 179, on the east side of Boston Post Road, 376 feet northeast from Ridge Road in the Town of Mamaroneck, for the purpose of entertaining children of customers who come to applicant' s restaurant and for the purpose of in- creasing applicant' s business, be and the same hereby is denied upon 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. Rigano Mr. Brush Mr. Burke NOES: None ****** On motion duly made and seconded, it was RESOLVED that the application of Carl Guglielmo for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit the construction of a ` 1 1/2 story dwelling on the north side of Beresford Lane known as Block 206, Parcel 330 on the Tax Map of the Town of Mamaroneck, with a front set-back of less than 40 feet, to wit, 25 feet, be and it hereby is granted and the Build- ing Inspector be and he hereby is directed to issue to the applicant, a building permit, on the ground that applicant has shown practical difficulty and unnecessary hardship in complying strictly with the provisions of the Ordinance, provided, however, that in all other respects the appli- cant abide by the provisions of the Zoning Ordinance and Building Code of the Town of Mamaroneck. 2-8- A vote taken on this resulted as follows: AYES: Mr. Wullschleger Mr. Burke Mr. Brush Mr. Rigano NOES: None • On motion duly made and seconded, it was RESOLVED that the application of Milton Shifman for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit the construction of a new residence on premises on the northeast corner of White Plains Road and Fairway Drive, known as Block 333, Parcel 946 on the Assessment Map of the Town of Mamaroneck, with a set-back of less than 40 feet from the street line as required by the Ordinance, to wit, 30 feet, be and it hereby is granted and the Building Inspector be and he hereby is directed to issue to the applicant, a building permit, on the ground that appli- cant has shown practical difficulty and unnecessary hardship in complying strictly with the provisions of the Ordinance, provided, however, that in all other respects, the applicant abide by the provisions of the Zoning Ordinance and the Building Code of the Town of Mamaroneck A vote taken on this resulted as follows: AYES: Mr. Wullschleger Mr. Rigano Mr. Burke Mr. Brush NOES: None There being no further business to come before the meeting, it adjourned at 9: 15 P. 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