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HomeMy WebLinkAbout1950_04_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD IN THE BOARD ROOM AT 11 EDGEWOOD AVENUE, LARCHMONT, HEW YORK, ON THE 26th DAY OF APRIL, 1950. The meeting was called to order by Mr. Quinn at 8 P . M. PRESENT: Mr. Quinn, Chairman Mr. Burke Mr. Wuilschleger Mr. Mink Mr . Butterfield ABSENT: None Presence was also noted A Town Attorney Delius and Town Engineer Foote. The minutes of the meeting held March 22nd were approved as cor- rected and those of the meeting held April 5th were approved as submitted. The first application before the Board was that of Euclide Brondoli for modification of Article III, Section 9 of the Zoning Ordinance to permit an unused two-car garage with second floor, to be used as a one-family dwelling on second floor, said building having a rear yard of insufficient size and a side yard of less than 6 feet, on premises on the north side of Baldwin Avenue, 95 feet west from Myrtle Boulevard, known on the Tax Assessment Map of the Town of Mamaroneck as Block 126, Parcel 427. Mr. Brondoli appeared in behalf of the application and addressed the Board. Mr. A. J . Foote submitted a building permit issued in 1927, from which it appears that this building was erected as a private garage accessary to a house which was never built. No one appeared in opposition. The next application before the Loard was that of Shirley L. Goode for modification of Article II, Section 4 of the Zoning Ordinance to permit the erection of a gasoline station on remises on the north side of Boston Post Road, 600 feet east from the New Rochelle- Town of Mamaroneck line, known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Parcel 342. No one appeared in behalf of this application and the following letter, dated April 26th, 1950, received from Mr. Edward J . Payne, 111 Ma'iaroneck Avenue, Mamaroneck, N. Y . , was read to the Board by the Chairman: -80- EDWARD J. PAYNE 111 Mamaroneck Ave Mamaroneck, N. Y . April 26, 1950 Zoning Board Town of Mamaroneck Mamaroneck, N. Y. Gentlemen: Mr. Shirley Goode has requested Me to ask your board if they would not approve the application for a gas station on premises known as Block 503, Parcel 342, in the Town of Mamaroneck at this time as he is desirous of building a small office building for the sale of used cars, structure to cost $800.00. Attached hereto you will find a sketch of the proposed building . Will you kindly give this latter matter your consideration. Thanking you for the same, I remain Respectfully yours, EDWARD J. PAYNE /s Mr. Quinn said that, inasmuch as a modification of the application was requested, it would be necessary to re-publish the matter and treat the letter as a withdrawal of the application. The Clerk was instructed to notify Mr. Goode that he would have to make a new application and submit plans and specifications for any building he intends to construct. Any further fee was waived by the Board. The next application before the Board was that of Frank Casciaro for reconsideration of his appeal from a determination of the Building Inspector denying him a permit for the construction of a private two- car garage upon premises known as Block 125, Parcel 224, located on the northeast corner of Wood Street and Myrtle Boulevard, on the ground that the construction of such garage is in violation of Article II, Section 3 and Article II, Section 7. Upon motion made by Mr. Burke, seconded by Mr. Mink, it was unani- mously RESOLVED that the application of Frank Casciaro for construction of a private two-car garage upon premises known as Block 125, Parcel 224, be reconsidered by this Board. -81- Mr. Casciaro appeared in behalf of his application and addressed the Board. He stated that the garage is to be used as a private garage and that he intends to build a house on the premises. He could not, however, give any definite information as to when he might be able to build the house. There was no opposition to this application. The final application before the Board was that of Antonio Lopreatov. for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit the construction of a one-family dwelling containing 23,000 cubic feet; having one side yard of 6 feet; having a lot are of 9,600 square feet; and having a frontage on Rockland Avenue of 57 feet more or less, on the north side of Rockland Avenue, 170 feet west from Woody Lane, known on the Tax Assessment Map of the Town of Mamaroneck as Block 224, Parcel 366. The Chairman announced that the Board had been requested b waive its rules and regulations with respect to notice, and the following rewolution was, therefore, unanimously adopted: WHEREAS, an application was made by Antonio Lopreato, for modi- cation of Article III, Section 9 of the Zoning Ordinance, to permit the construction of a one family dwelling containing 23,000 cubic feet; having one side yard of 6 feet; having a lot area of 9,600 souare feet; and having a frontage on Rockland Avenue of 57 feet, more or less, upon certain premises known and described as Block 224, Parcel 366; and WHEREAS, such application was received by the Clerk of this Board on April 12th, 1950, making it impossible therefore, to pub- lish the notice once a week for two weeks immediately proceeding the hearing of this Board set for April 26th, 1950 as required by Rule 9 of this Board; and WHEREAS, the Town Law of the State of New York, Section 267, requires that notice of hearing before a zoning board of appeals be published not less than 5 days prior to the date of the hearing NOW, THEREFORE, BE IT RESOLVED that the strict application of Rule 9 is hereby waived and this Board hereby enter- tains the application of Antony Lopreato above mentioned, upon proof that same has been published in the Daily Times of Mamaroneck on the 14th and 19th days of April, 1950. The Board then proceeded to the hearing of this matter. Judge Charles M. Baxter, Jr. appeared for the applicant and submitted a tracing from the assessment map showing the location of Mr. Lopreato' s property with relation to other properties in the vicinity; -82- a a sketch of the lot itself and blue prints of plans for the house for which permit was requested. He did not, however, submit a blue print showing the location of the house on the lot. Judge Baxter stated that Mr. Lopreato had a true case of hardship since all of the houses in the vicinity had been erected in accor- - dance with the Zoning Ordinance in force prior to May, 1948 when the new AA zoning was created, and that Mr. Lopreato proposed to erect a house, not only in conformity with the former set-back restrictions, but in addition, would place his house 40 feet from the street line. He also suggested that changes or modifications in the plan could s probably be made if the applicant' s plans proved objectionable. Admitting that Mr. Lopreato had purchased the property only recently and that the deed to him had not yet been returned from record, he stated that Mr. Lopreato, who is a builder, had bought the property without knowledge and in ignorance of the present zoning restrictions in the AA zone. He said he had talked with the Real Estate broker, Mr. Emil Severin, who also said that he had not known of the present zoning restrictions and, therefore, had not informed Mr. Lopreato of these restrictions . Judge Baxter said that the proposed building would be a distinct improvement to the neighborhood and would be of advantage to the tax payers of the Town in that it would add assessed valuation to the Town' s assessment roll. Mr. Quinn informed Judge Baxter that hardship must be proved and inasmuch as there were many people present, interested in this appli- cation, perhaps the Judge would answer questions through the Chair. Mr. McAllister R. Mohnkern, 111 Rockland Avenue, an attorney, appeared representing Mr. Edward E. Barth, 62 Rockland Avenue as well as him- self, and submitted a petition containing 40 names. The petition was read by the Clerk, received and ordered filed. Mr. Mohnkern, in accordance with the Chairman' s ruling, then asked permission to ask questions of Judge Baxter but stated that since Judge Baxter personally did not have all the information necessary to answer such questions, he requested that Mr. Lopreato should answer such questions as Judge Baxter could not, and the Chairman granted his request. Mr. Lopreato was asked whether stares had been placed showing the proposed location of the house . He answered that these were only tentative and did not necessarily indicate the location. They were needed to give some idea of where the foundation could be excavated. He was then asked whether he was the builder of certain houses on Mohegan Road and he replied that he was. Being further asked if he were aware of the zoning restrictions in that area, he stated that he had been informed of these before obtaining his permit but that he did not know the exact boundaries of the new AA district. -83- Mr. Mohnkern asked Mr. Lopreato directly, when he had acquired this property and Judge Baxter again replied that it was very recently. Mr. Robert Crane, 67 Rockland Avenue, stated that he was opposed to the application as there should be no exceptions made from the AA restrictions. Mr. Barth stated that he owned the property immediately adjoining the property, to the south; that he had bought the property to the north of his property in order to protect himself even before the amendment to the Zoning Ordinance creating the AA district; that he had nego- , tiated with the former owner, a Mr. Charles Heywood, for the purchase of this lot and had been quoted a price of $4,500, which he refused to pay. He said Mr. Heywood then made offers to the owner of the property to the south of this lot but had not been successful in reaching any agreement on the price. He continued that Mr. Heywood had then told him he would sell the lot to a builder. He said he had then told Mr. Heywood that the Zoning Ordinance had been amended so that the construction of a house on that lot would be practically impossible. He said he felt that since the Zoning Ordinance had been amended, it should be enforced and no one should be permitted to erect houses in this area in violation of it. Further, he said that he, himself, with the permission of Mr. Heywood, had for some years pre- vious, improved that lot by cleaning, planting, etc. , and he felt it should be kept that way. He stated 'that he was the first signer of the petition which was in evidence and was opposed to the appli- cation. Mr. and Mrs. Arthur Tolchin, 52 Rockland Avenue, stated that they did not believe the Zoning Law should be changed for one piece of property. Mr. James K. Egan, 8 Woody Lane, asked to be permitted to question Mr. Lopreato through the Chair as follows: C . As a builder, do you get building permits before you build? A. Yes G . If there is a zoning ordinance in non-conformity with your plan, does the Building Department tell you about it? A. Yes C . Did you Apply for a building permit in this case: A. Yes. C . Before you bought the property? A. N . Mr. Mohnkern then suggested that the question should be amended so as to have Mr. Lopreato answer whether he obtained information about the Zoning Ordinance before he purchased the property. Mr. Lopreato indicated that in this case he had not done so. -84- Mrs . Walter Viele, 48 Rockland Avenue, said that the re-zoning in 1948 had been highly publicized . Mr. Tolchin again arose and stated that while this application was made on the ground of hardship to the builder, the Board should con- sider the hardship to the neighbors and other property owners in the- : neighborhood. Mr. Quinn thanked those present and said the Board would consider the application very carefully. Mr. Mohnkern asked permission to submit a brief hut after discussion with the Board, he withdrew this request. The public meeting was then adjourned. Mr. Edward Payne appeared and was informed of the Board' s action on Mr. Goode' s application. The Board considered the application of Mr. Euclide Brondoli and upon motion duly made and seconded, it was RESOLVED that the a2plication of Euclide Brondoli for modification of Article III, Section 9 of the Zoning Ordinance to permit an unused two-car garage with second floor, to be used as a one-family dwelling on second floor, said bui _ding having a rear yard of in- sufficient size and a side yard of less than 6 feet, on premises on the north side of Ealdwin Avenue, 95 feet west from Myrtle Boulevard, known on the Tax Assessment Map of the Town of Mamaroneck as Block 126, Parcel 427, 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 strict provisions of the Ordinance. A vote taken on this resulted as follows: AYES: Mr. Quinn, Mr. Mink, Mr. Burke and Mr. Butterfield NOES: Mr. Wullschleger The Board reconsidered the application of Mr. Frank Casciaro and on motion duly made and seconded, it was RESOLVED that the application of Frank Casciaro for .modification of Article II, Section 7 as amended June 4, 1947, to permit the erection of a 2-car garage within 75 feet of Myrtle Avenue, to wit, 70 feet, and within 30 feet of Wood Street, to wit, 26 feet, in connection with premises on the northeast corner of Wood Street and Myrtle Avenue, known on the Tax Assessment Map of the Town of Mamaroneck as Block 125, Parcel 224, 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 strict provisions of the ordinance. -85- A vote taken on this resulted as follows: AYES: Mr. Quinn, Mr. Mink, Mr. Burke, Mr. Butterfield and Mr. Wullschleger NOES: None After discussion and conference with the Town Attorney on the legal questions involved, the following resolution was, upon motion duly made and seconded, adopted: WHEREAS, Antony Lopreato heretofore made application to this Board for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit the construction of a one-family dwelling containing 23,000 cubic feet; having one side yard of 6 feet; having a lot area of 9,600 square feet; and having a front- age on Rockland Avenue of 57 feet, more or less, on premises known as Block 224, Parcel 366 on the Tax Assessment Map; and WHEREAS, after due publication and notice given in accordance with the rules and regulations of this Board and provisions of law, this matter came on to be heard before this Board at its regular meeting held April 26th, 1950; and WHEREAS, the applicant was represented by Charles M. Baxter, Esc . , an attorney, and Edward E. Barth, owner of the adjacent pro- perty to the south, was represented by McAllister R. Mohnkern, who also represented himself as a property owner in the vicinity; and WHEREAS, a petition has been filed with this Board protesting against the granting of this variance and insisting that it be denied, which petition has been signed by 40 people, all property owners in the neighborhood; and WHEREAS, it appears to this Board that the building proposed to be constructed u, on this plot or lot does not comply with the pro- visions of the Zoning Ordinance and that it does not meet the re- quirements regarding side set-backs, street frontage, area of plot and cubic content of house, as required in the residential area AA, established by amendmen t the ,,�oei i ��g�+Ordc�i�na c ,. iursuan too re�,�,ssolu- tion of the Town Board 5W- l �t�t', 1`9'4-8Yr�cficeoi .at�?�e§'ap same; and WHEREAS, it is admitted by the applicant that he purchased the property since the amendment to the Zoning Ordinance, i.e. so recently that his deed has not, as yet, been returned from the County Clerk' s office where it was sent for recording; and WHEREAS, it further appears that the former owner, from whom the applicant purchased the property, had actual notice of the amendment to the Zoning Ordinance and that the applicant had con- structive notice thereof, -86- NOW, THEREFORE, BE IT RESOLVED that the application of Antont Lopreato for modi- fication of Article III, Section 9 of the Zoning Ordinance as amended, to permit the construction of a one-family dwelling containing 23,000 cubic feet; having one side yard of 6 feet; having a lot area of 9,600 scuare feet; end having a frontage on Rockland Avenue of 57 feet, more or less, on premises known as Block 224, Parcel 366 on the Tax Assess- ment DMA Map of the Town of Mamaroneck, be and the same hereby is denied upon the ground that the applicant has shown no unnecessary hardship such as is contemplated by Section 267 of the Town Law and the Zoning Ordinance of the Town of Mamaro- neck, in that the property in question was placed in the resi- dential AA area district by amendment to the said Ordinance pursuant to resolution of the Town Board adopted May 19th, 1948 and the applicant purchased the property from one Heywood approximately 2 years thereafter, and thus, any hard- ship in complying with the strict provisions of the Ordinance was self-created and does not warrant the granting of a vari- ance by this Board . A vote taken on this resulted as follows: AYES: Mr. Quinn, Mr. Mink, Mr. Burke, Mr. Wullschleger and Mr. Butterfield NOES: None There being no further business to come before the meeting, it ad- journed at 10: 30 P . M. Secretary -87-