Loading...
HomeMy WebLinkAbout1956_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 25, 1956, IN THE COURT ROOM OF THE MAMARONECK POLICE DEPARTMENT, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. The Chairman called the meeting to order at 8 p. m. PRESENT: Mr. A. E. Wullschleger, Chairman Mr. Sydney D. Bierman Mr. Robert L. Parsons Mr. George Schuler Mr. Laurence J. Sobel ABSENT: None Also Present: Building Inspector McEvoy APPROVAL OF MINUTES On motion of Mr. Wullschleger, seconded by Mr. Sbhuler, the minutes of the previous meeting held March 28, 1956, were approved as presented. APPELLANT: Minerva Schehr - Block 102, Parcel 168 SUBJECT: The application of Minerva Schehr (By Joseph Kaprow, Architect) for modifi- cation of Article III, Section 9 Amended of the Zoning Ordinance, to permit an extension to an existing building in an "AA" zone, which addition is less than 40 feet from the street line, to wit: 31. 9 feet, located on the South side of Weaver Street, knwon as 705 Weaver Street, Larchmont, N. Y. , and also known as Block 102, Parcel 168 on the Tax Assessment Map of the Town of Mamaroneck. -67- APPEARANCES For Appellant - Mr. Joseph Kaprow (Architect) For Opposition - None In connection with this application, Chairman Wullschleger presented and read a formal statement in support of the application, which statement is hereby made a part of the record. Mr. Parsons said that he was familiar with the problem; that he had looked at the property, and, in his opinion, felt that the variance should be granted. He explained that in a case where no damage to adjacent property owners would result from the granting of a variance, it was his feeling that such a variance should be granted. Each case should be considered strictly on its own merits, and in this case it was his feeling that this variance should be granted. Mr. Bierman stated that he still opposed the application. ACTION OF THE BOARD: Application granted. THE VOTE: AFFIRMATIVE: Chairman Wullschleger, Messrs. Schuler, Parsons NEGATIVE: Messrs. Bierman, Sobel THE RESOLUTION: WHEREAS, Minerva Schehr (By Joseph Kaprow, Architect), has filed an appeal from a decision of the Building Inspector of the Town of Mamaroneck, refusing to permit an extension in an "AA" zone, located on the South side of Weaver Street, known as 705 Weaver Street, and also known as Block 102, • Parcel 168 on the Tax Assessment Map of the Town of Mamaroneck; and -68- WHEREAS, Minerva Schehr (By Joseph Kaprow, Architect), requests that because of practical difficulty and unnecessary hardship resulting from the fact that adding a maid's room anywhere else would require the maid to pass through living quarters in going to and from her room, this Board grant a variance and over-rulethe decision of the Building Inspector; and WHEREAS, this Board has viewed the property and has examined the plans and other matters submitted by the Ap- pellant, and has heard all persons appearing for or against the appeal, NOW, THEREFORE, BE IT RESOLVED that the appeal of Minerva Schehr (By Joseph Kaprow, Architect), from the decision of the Building Inspector refusing to issue a permit for the extension to an existing building, on premises known as Block 102, Parcel 168 on the Tax Assess- ment Map of the Town of Mamaroneck be granted upon grounds of practical difficulty and unnecessary hardship as recited in the application, and which this Board finds exist; and it is FURTHER. RESOLVED that the application of the provisions of the Zoning Ordinance of the Town of Mamaroneck, i. e. , Article III, Section 9 Subdivision relating to the construction of a building on premises located at 705 Weaver Street, and known as Block 102, Parcel 168 on the Tax Assessment Map of the Town of Mamaroneck, be varied and modified so as to allow the addition of a maid's room in an "AA" zone, which addition is less than 40 feet from the street line, to wit, 31. 9 feet, in accordance with the plans filed with the Building Inspector on March 14, 1956, provided that the Appellant in all other respects complies with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. -69- APPELLANT Miss June A. Messer Block c 407, Par. 529 SUBJECT: The application of June A. Messer, for modification of Article II, Section 3 Amended of the Zoning Ordinance, to permit the use of property located on the North side of Boston Post Road (rear Post Lodge), Town of Mamaroneck, and also known as Block 407, Parcel 529 on the Tax Assessment Map of the Town of Mamaroneck, for a day nursery. APPEARANCES For Appellant - Miss June A. Messer For Opposition - None Miss Messer appeared in her own behalf and explained that if this variance were gaanted, she would operate a day nur- sery on her premises from the hours of 9 a. m. to 5 p. m. , inhluding the serving of luncheon for the children. In answer to a question by Mr. Bierman as to whether any structural revisions or alterations were necessary, the Building Inspector advised that such revisions, if necessary, would have to comply with the fire regulations. Mr. Wullschleger said that he had made another inspection of the property that very afternoon, and his only objection to the case was the untidy condition of such property and requested the applicant to clean up the premises. Miss Messer promised that it would be cleaned up, and informed the Board that the Health Department had made an inspection about a month ago and at that time the pro- perty had passed the requirements of said Department both as to the house and grounds. Mr, Bierman inquired as to the number of children Miss Messer expected to have and she replied that there would be one person to supervise each 10 children. -70- Mr. Bierman then asked whether it would be feasible, were the Board to grant this application, to impose a time limitation, say, a period of two years. Mr. Schuler said he agreed to a time limitation. Mr. Sobel said he would be in favor of granting such a variance, provided it carry a time limitation of two years, or limit it to the occupancy of June Messer, and further, if the variance is granted, it should be with the under- standing that all regulations of the community pertaining to health, fire, police, and any other, are complied with. And, if at the end of two years, applicant wished to con- tinue the operation of a day nursery, she would have to re-apply to this Board. ACTION OF THE BOARD: Application granted, with the compliance of the above mentioned recommendations. THE VOTE: AFFIRMATIVE: Chairman Wullschleger, Messrs. Sobel, Bierman, Schuler, Parsons NEGATIVE: None THE RESOLUTION: WHEREAS, June A. Messer has appealed to this Board for modification of Article II, Section 3 Amended of the Zoning Ordinance, to permit the use of property located on the North side of Boston Post Road (rear Post Lodge), Town of Mamaro- neck, and also known as Block 407, Parcel 529 on the Tax Assessment Map of the Town of Mamaroneck, for a day nursery; and WHEREAS, this application has come on duly to be heard by this Board at its regular meeting, held April 25, 1956; and WHEREAS, the members of this Board have inspected the property for which a variance is requested; and WHEREAS, all persons, either in favor of or against this application, have been heard, -71- NOW, THEREFORE, BE IT RESOLVED that the appeal of June A. Messer, be and it hereby is granted, and the decision of the Building Inspector reversed to the extent of permitting the use of property located on the North side of Boston Post Road (rear Post Lodge), and also known as Block 407, Parcel 529 on the Tax Assessment Map of the Town of Mamaroneck, for a day nursery, in accord- ance with plans filed with the Building Inspector, on grounds of practical difficulty and unnecessary hardship as recited in the application and which the Board finds exist, provided, however, that in all other respects applicant comply with the Zoning Or- dinance, and Building and Fire Prevention Codes of the Town of Mamaroneck; and it is FURTHER RESOLVED that this variance be granted upon the following conditions: that it be valid only for a period of two years, or until the termination of applicant's occu- pancy, whichever sooner occurs, and upon further condition that applicant comply fully with all the laws, rules and re- gulations of every governmental agency having jurisdiction or control over the operations of a day nursery; FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. APPELLANT: Benjamin Jaffe - Block 132, Parcel 469 SUBJECT: The application of Benjamin Jaffe, for modification of Article II, Section 4 of the Zoning Ordinance, to allow a store 125' x 225' to be used as a dry-cleaning establishment employing more than 4 persons, on premises located on the Southwest side of Madison Avenue & Maxwell Street in the Town of Mamaro- neck, and known as Block 132, Par- cel 469 on the Tax Assessment Map of the Town of Mamaroneck. _72- r APPEARANCES For Appellant - Mr. Benjamin Jaffe, Owner 32 Forest Park Avenue, Larchmont, N. Y. Mr. H. Bogart, Tenant For Opposition - None Mr. Benjamin Jaffe, owner of a group of stores located on the Southwest side of Madison Avenue & Maxwell Street, pointed out that the store for which application is being made for a variance to permit a retail dry-cleaning establishment, is 18 feet by 70 feet, with full basement, instead of the di- mensions stated in said application. He said that more than 4 persons will be employed for the operation of this dry-cleaning business, in conjunction with shoe repairing. He added that this business would be of benefit to the community, as this is the second store on this side of the Railroad tracks. He also said that the residents on this side of the Town are entitled to have a dry-cleaning and shoe repairing store, and in his opinion, therefore, it would be of benefit to the community. Mr. Bogart supplemented Mr. Jaffe's remarks by stating that he operates Embassy Cleaners located at the corner of Palmer and Chatsworth Avenues, and this new store would be one in a chain he proposes to open. He said the only cleaning on the premises would be of garments left at this store by the residents living in that area. Upon being questioned by the Board as to the number of employees, Mr. Bogart stated that the number would vary. That in the busy season the number employed might some- times reach ten, depending upon the amount of business. Mr. Bierman stated that in his opinion, this case was not one of hardship and he did not feel justified in voting for approval. -73- Mr. Jaffe stated that Mr. Bogart had signed a lease con- ditioned upon the granting of the variance. He said the lease would be cancelled if the variance were not granted. He further stated that Mr. Bogart planned to invest some $40, 000. or $50, 000. in the business, Mr. Jaffe told the Board that he has been unable to get a tenant in any other acceptable line of business, and that losing Mr. Bogart, because this was a border- line case, would cause him hardship. ACTION OF THE BOARD: Application granted (with conditions). THE VOTE: AFFIRMATIVE: Chairman Wullschleger, Messrs. Sobel, Schuler, Parsons NEGATIVE - Mr. Bierman THE RESOLUTION: WHEREAS, Benjamin Jaffe has appealed to this Board for modification of Article II, Section 4 of the Zoning Ordinance, to allow a store 18 feet by 70 feet to be usedas a dry-cleaning establishment employing more than 4 persons, on premises located on the Southwest side of Madison Avenue and Maxwell Street, and known as Block 132, Parcel 469 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, this application has come on duly to be heard by this Board at its regular meeting, held April 25, 1956; and WHEREAS, the members of this Board have inspected the property for which a variance is requested; and WHEREAS, all persons, either in favor of or against this application, have been heard, NOW, THEREFORE, BE IT RESOLVED that the appeal of Benjamin Jaffe, be and it hereby is granted, and the decision of the Building Inspector reversed to the extent of permitting a store -74- 18 feet by 70 feet, to be used as a dry-cleaning estab- lishment employing more than four persons (i. e. , not more than 10), on premises located on the Southwest side of Madison Avenue and Maxwell Street (one of the stores in the group) known on the Tax Assessment Map of the Town of Mamaroneck as Block 132, Parcel 469, in accordance with plans filed with the Building Inspector, on grounds of practical difficulty and unnecessary hard- ship as recited in the application and which the Board finds exist, provided however, that in all other respects, applicant comply with the Zoning Ordinance, and Building and Fire Prevention Codes of the Town of Mamaroneck, and provided further, that applicant comply with all ap- plicable State laws, and provided further, that the appeal be granted on condition that the premises be operated solely as a retail store with not more than ten employees in the aggregate, and shall confine its dry-cleaning only to articles of the customers of this particular store and not for customers of any other branch or store; and it is FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. There being no further business to come before the meeting, it was adjourned at 9:10 p. m. Ci" c'N-et �' cu_c+- Secretary l 4 —75— E Zoning Board Meeting - April 25, 1956 Prepared Statement by Chairman Wullschleger - Re Schehr Application "The applicant wished to build an addition for a maid's room and bath to the part of the house facing Weaver Street, and the completed addition would be 31. 9 instead of 40 feet from the property line. Adding the room anywhere else would require the maid to pass through living quarters in going to and from her room, the applicant had stated, and the architectural lines of the house would be spoiled if the addition were added elsewhere. In the absence of Mr. Parsons, final action was postponed. However, Mr. Bierman and Mr. Sobel opposed the variance while George Schuler and I contended that the question of hardship is open to a certain amount of consideration and, as in the past, if in the opinion of the Board a variance is in order, the zoning regulations shall not limit the power of the Board to grant any other remedy or relief which they deem just and equitable. However, decisions of the Board do not set precedents, as each case is decided on its own merits. I have served many years as an official arbitrator of the Arbitration Bureau of the National Federation of Textiles. The arbitrations are conducted according to the arbitration law of the State of New York. We were always advised that we were laymen and according to the law we were to make a just decision according to the best of our ability, and, gentlemen, that's all we are required to do under the zoning regulations. Law is only the application of common sense, so why not apply it in this case ? Commissioner Bierman, who voted against it, claims that the need of the maid's quarters constitutes a self-imposed hardship. However, it is my considered opinion that the position taken by Mr. Kaprow, as mentioned before would cause an invasion of Mrs. Schehr's privacy and also spoil the architectural lines of the house, which constitutes a hardship. I strongly urge the granting of the application by a unanimous vote of the members of the Board. I want to add that the granting of the variance will not be injurious to the neighborhood and will not be detrimental to the public welfare, " -77-