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HomeMy WebLinkAbout1951_08_22 Zoning Board of Appeals Minutes T MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD IN THE COURT ROOM OF THE MAMARONECK TOWN POLICE STATION AT 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK, ON AUGUST 22nd, 1951 AT 8 P . M . The meeting was called to order by Mr. Wullschleger. PRESENT: Mr. Wullschleger, Chairman Mr. Rigano Mr. Maggini ABSENT: Mr. Burke Mr. Brush Presence was also noted of Mr. McEvoy, Building Inspector, Mr. Delius, Town Attorney, and Mrs. Barnes, Clerk to the Board. On motion duly made and seconded, the minutes of the previous meet- ing, held July 25th, 1951, were approved as presented. The first application taken up by the Board was that of Selic Rosen for modification of Article II, Section 4 of the Zoning Ordinance, to permit gas service to car owners in connection with car laundry on premises on the north side of the Boston Post Road, corner of Van Gilder Street, known on the Tax Assessment Map of the Town of Mamaro- neck as Block 503, Parcel 326. Mr. Rosen appeared before the Board in behalf of his application and submitted a sketch of the property with proposed gas pumps. No one else appeared in favor of this application and there was no opposition. The next application taken up was that of Jack Wood for modification of Article II, Section 4 of the Zoning Ordinance, to permit premises on the east side of Valley Place, 125 feet south from Fifth Avenue, known as Block 131, Parcel 18, to be used as a storage yard. Mr. E. Gardner Gibbons, owner of Lots 198, 200 and 201 on Valley Place, appeared in favor of this application. Mr. Gibbons said he feels that there should be some part of the Town which can be used for industry and material yards. tie said that he rents his lots, which are on the other side of Mr. Woodts lots, to a man who makes his living sorting out materials which he sells. He said he did not represent Mr. Wood but was merely interested because he owns property there. He said he had talked with other property owners on the block who had promised to be present in support of the application. Mr. Wood appeared and said he planned to store old automobiles on the property and, in general, to use it for a dumping ground. He would store broken machinery and junk there to be broken up and sold for scrap. It would be a scrap material business. The Chairman asked if there was any opposition to this application -46- and the following registered such opposition: Mr. Joseph De Alleaume, 20 Valley Place Mrs . Joseph De Alleaume, 20 Valley Place Mrs. William De Alleaume, 22 Valley Place ##*** The next application was that of Carl Ronconi for modification of Article II, Section 4 of the Zoning Ordinance, to permit part of garage on premises on the south side of Fifth Avenue, corner of Valley Place, known on the Tax Assessment Map of the Town of Mamaroneck as Block 131, Parcel 1, to be used for the manufacture and retail sale of awnings. Mr. Ronconi appeared in behalf of the application. He said he planned to partition his building and rent half of it to the pros- pective awning maker, Mr. Sam Epstein of 4 Everett Street, New Roch- elle, who was present to answer any questions the Board might wish to ask. Mr. Epstein said there will be 2 sewing machines, 1/3 H. P . and a pipe-cutter to cut the pipe. There will be no carpentry work or painting and the business will be strictly on a retail basis. There was no opposition. *##*# The next application was that of Philip Tuchman for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit the erection of a one-family dwelling on premises on the south side of Bonnie Briar Lane, corner of Oakdale Road and Rebeau Drive, known on the Tax Assessment Map of the Town of Mamaroneck as Block 224, Parcel 536, with a set-back from Bonnie Briar Lane of less than 40 feet, to wit, 35 feet. Mr. Tuchman submitted blue-print plans of the dwelling, and stated that the object of the requested variance is to permit the garage to be in the rear of the building instead of on the front. Mr. George F. Scanlon, 7 Rebeau Drive said he would like to look at the plan. Mrs. A. J . Gillis who said that she lives across the street from the proposed building, also wished to inspect the plans . There was no opposition. The next application was that of Giselle K. Beecher for modification of Article II, Section 6 and Article III, Section 9 of the Zoning Ordinance, to permit the structural alteration of an existing building on premises on the east side of Fenimore Road, known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 301, Parcel 1, which structural alteration will exceed 25% of the assessed value of the existing building, and said building, when altered, will not con- form with the requirements of the AA residential zone . -47- r Mrs. Beecher appeared in behalf of the application and submitted blue- print plans of the proposed building, and a plot plan. Mr. Charles Sarnoff, Fenimore Road, asked about the cubic content of the proposed house and, in general, to have the plans explained to him. He stated that he had no objection to the plan submitted. Mr. and Mrs. Lewis P . Stanton, Grand Park Avenue, Scarsdale, appeared in connection with this application and also submitted a letter from Mr. Jack B. Siege, 80 Griffen Avenue, Scarsdale, which letter regis- tered opposition to the applicatioh. The letter was received and filed. Mr. Stanton stated that the building in question is very close to his property line. He also said that the average value of the houses in that section is $50,000. He objects to the application because "the house will not be in keeping with the rest of the community." Later he withdrew this statement. Mr. Maggini asked how much of a job it would be to move the house and Mrs. Beecher said she could not afford to do this. The question of septic tanks was discussed. ***## The next application before the Board was that of Mr. Rudy Novak for modification of Article II, Section 3 of the Zoning Ordinance to per- mit the erection of a storage shed in a residential "A" area on pre- mises on the west side of Hommocks Road, 114 feet south from Boston Post Road, known on the Tax Assessment Map of the Town of Mamaroneck as Block 411, Parcel 119. Mr. Novak appeared in behalf of the application and submitted a blue- print of the shed together with a sketch of the property. He said the shed will be used as a storage shed and will be kept in a neat condition. There was no opposition. ***** At this point, Mr. Frank Porco, 1625 Addison Avenue, Bronx, and Mr. Domenick Porco, both conducting business at No. 2 Dillon Road, appeared and said they wished to register opposition to the applica- tion of Selic Rosen for gasoline pumps. Their business is a gasoline station and they feel there should be no more gas stations in this area. There are already 6 between their station and the Village of Larchmont. They said their opposition is based on business reasons. **#** The Board went into executive session and after some discussion of the application of Selic Rosen, it appeared that the vote stood one for, and two against the granting of this application. As this does not constitute the necessary majority for the Board to take action, it was suggested that this matter be put on the calendar to permit a re-hearing at the next regular meeting of the Board. ** -48- After discussion of the application of Jack Wood, on motion duly made and seconded, it was unanimously RESOLvED that the application of Jac:: Wood, for modification of Article II, Section 4 of the Zoning Ordinance, to permit premises on the east side of Valley Place, 125 feet south from Fifth Avenue, known as Block 131, Parcel 18, to be used as a storage yard, be and the same hereby is denied upon the ground that the applicant has failed to show unnecessary hard- ship 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. Maggini NOES: None ***** After discussion of the application of Carl Ronconi, on motion duly made and seconded, the following resolution was adopted: WHEREAS, Carl Ronconi has appealed to this Board for a Use Vari- ance in connection with premises on the south side of Fifth Avenue, corner of Valley Place, known as Block 131, Parcel 1, on the Tax Assessment Map of the Town of Mamaroneck, now used as a garage, so as to allow part of these premises to be used for the manufacture and retail sale of awnings; and WHEREAS, the application came on duly to be heard before this Board at its regular meeting held August 22nd, 1951; and WHEREAS, it appears that it would be an unnecessary hardship, be- cause of the type of business contemplated, to require the applicant to comply with the strict provisions of the Ordinance with respect to manufacturing, NOW, THEREFORE, BE IT RESOLVED that the application for a Use Variance by Carl Ronconi, is hereby allowed to the extent of permitting part of garage on premises on the south side of Fifth Avenue, corner of Valley Place, known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 131, Parcel 1, to be used for the manufacture and retail sale of awnings. A vote taken on this resulted as follows: AYES: Mr. Wullschleger Mr. Maggini Mr. Rigano NOES: None ***#* -49- After discussion of the application of Philip Tuchman, on motion duly made and seconded, the following resolution was adopted: WHEREAS, Philip Tuchman has taken an appeal from the decision of the Building Inspector denying his application to permit the erection of a one-family dwelling on premises on the south side of Bohnie Briar Lane, corner of Oakdale Road and Rebeau Drive, known on the Tax Assessment Map of the Town of Mamaroneck as Block 224, Parcel 536, with a set-back from Bonnie Briar Lane of less than 40 feet, to wit, 35 feet; and WHEREAS, the application came on duly to be heard before this Board at its regular meeting, held August 22nd, 1951; and WHEREAS, it appears that it would be an unnecessary hardship because of the depth of the lot, to require the applicant to comply with the strict provisions of the Ordinance with respect to set-back restrictions under Article III, Section 9 of the Zoning Ordinance, as amended, NOW, THEREFORE, BE IT RESOLVED that the appeal of Philip Tuchman be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting the erection of a one- family dwelling on premises on the south side of Bonnie Briar Lane, corner of Oakdale Road and Rebeau Drive, known on the Tax Assessment Map of the Town of Mamaroneck as Block 224, Parcel 536, with a set-back from Bonnie Briar Lane of less than 40 feet, to wit, 35 feet, as shown on plot plan and drawings filed in connection with this application, provided, however, that applicant comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote taken on this resulted as follows: AYES: Mr. Wullschleger Mr. Rigano Mr. Maggini NOES: None After discussion of the application of Giselle K. Beecher, on motion duly made and seconded, the following resolution was adopted: WHEREAS, Giselle K. Beecher has taken an appeal from the deci- sion of the Building Inspector denying her application for modifica- tion of Article III, Section 9 of the Zoning Ordinance, to permit the structural alteration of an existing building on premises on the east side of Fenimore Road, known on the Tax Assessment Map of the Town of Mamaroneck as Block 301, Parcel 1, in accordance with plans,specif i- cations and plot plan submitted in connection with her application for a building permit; and -59- r WHEREAS, the application came on duly to be heard before this Board at its regular meeting, held August 22nd, 1951; and WHEREAS, it appears that it would be an unnecessary hardship because of the size and location of the property, particularly with respect to the street known as Fenimore Road, to comply with the strict provisions of the Ordinance with respect to street frontage required in an "AA" residence district, and also because the present dwelling is inadequate for a one-family dwelling, having been constructed originally for temporary or summer use, NOW, THEREFORE, BE IT RESOLVED that the appeal of Giselle K. Beecher be and the same hereby is granted to the extent of allowing the erection of a one-family dwelling in accordance with the plans, speci- fications and plot plan submitted to the Building Inspector in connection with the application for a milding permit, provided that the house be located not nearer than 25 feet from the rear lot line or boundary line between Giselle K. Beecher' s property known as Block 301, Parcel 1, and the property of Stanton, known as Block 301, Parcel 62 on the Tax Assessment Map. FURTHER RESOLVED that unless the building is so located at least 25 feet from said rear lot line, the application is denied. A vote taken on this resulted as follows: AYES: Mr. Wullschleger Mr. Rigano Mr. Maggini NOES: None After discussion of the application of Rudy Novak, on motion duly made and seconded, the following resolution was adopted: WHEREAS, Rudy Novak has taken an appeal from the decision of the Building Inspector denying his application for modification of Article II, Section 3 of the Zoning Ordinance to permit the erection of a stor- age shed in a residential "A" area on premises on the west side of H ommocks Road, 114 feet south from Boston Post Road, known on the Tax Assessment Map of the Town of Mamaroneck as Block 411, Parcel 119; and WHEREAS, the application came on duly to be heard before this Board at its regular meeting, held August 22nd, 1951; and WHEREAS, it appears that it would be an unnecessary hardship, because of the character of the neighborhood, to require the appli- -51- T cant to comply with the strict provisions of the Ordinance with re- gard to restrictions in an "A" area under Article II, Section 3 of the Zoning Ordinance, NOW, THEREFORE, BE IT RESOLVED that the appeal of Rudy Novak be and the same hereby is allowed and the decision of the Building Inspector reversed, to the extent of permitting the erection of a storage shed in a residential "A" area on premises on the west side of Hommocks Road, 114 feet south from Boston Post Road, known on the Tax Assessment Map of the Town of Mamaroneck as Block 411, Parcel 119, as shown on plot plan and drawings filed in con- nection with this application, provided, however, that appli- cant comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote taken on this resulted as follows: AYES: Mr. W ullschleger Mr. Rigano Mr. Maggini NOES: None There being no further business to come before the meeting, it ad- journed at 9:45 P . M . 4 -5R-