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HomeMy WebLinkAbout1956_08_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD AUGUST 22, 1956, IN THE COURT ROOM OF THE MAMARONECK POLICE DEPARTMENT, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. The Acting Chairman called the meeting to order at 8 p. m. PRESENT: Mr. George Schuler, Acting Chairman Mr. Robert L. Parsons Mr. Laurence J. Sobel ABSENT: Mr. A. E. Wullschleger, Chairman Mr. Sydney D. Bierman Also Present: Town Engineer Friedlander APPROVAL OF MINUTES On motion by Mr. Parsons, seconded by Mr. Sobel, the minutes of the previous meeting held April 25 , 1956, were approved as presented. COMMUNICATIONS The Acting Chairman presented a letter from Supervisor Burchell, dated August 21, 1956, with a copy for each member of the Board, outlining proposed "Procedure Governing Applications for Variances", for this Board's consideration and recommendation. Also included was a recommendation for some additions to the present Rules and Regulations of the Zoning Board. The Acting Chairman requested the members of the Board to study these recommendations and make a report. -78- I PUBLIC HEARING Application of John J. Flynn, Pastor of the Church of Sts. John and Paul for modification of Article II, Section 3, as amended, of the Zoning Ordinance so as to allow the construction on pre- mises known as Block 217, Parcel 1 on the Tax Assessment Map of the Town of Mamaroneck of a rectory with a rear yard of less than 25 feet, i. e. , five (5) feet. Hardship is claimed in that the Church plans an additional building on the Church pro- perty which will make it impossible to allow the full 25 feet rear yard for the rectory for which building plans have been filed. Secretary presented the Affidavit of Publication of the Notice of Public Hearing as published in the Daily Times on August 13, 1956. The Acting Chairman declared the hearing opened and inquired whether anyone present wished to be heard on this application. APPEARANCES For Appellant - Father Thomas J. McGovern 280 Weaver Street, Larchmont, N. Y. Mrs. Harry W. Kapp 6 Heather Lane, Larchmont, N. Y. For Opposition - None Mrs. Kapp stated that she had no objection to the granting of this variance. There being no one else who wished to be heard, the Acting Chairman delcared the hearing closed. ACTION OF THE BOARD: Application granted. THE VOTE: AFFIRMATIVE: Acting Chairman Schuler, Messrs. Parsons, Sobel ABSENT AND NOT VOTING: Messrs. Wullschleger, Bierman -79- THE RESOLUTION After discussion, on motion duly made and seconded, the following resolution was adopted: WHEREAS, John J. Flynn, Pastor of the Church of Sts. John and Paul, has filed an appeal from a decision of the Building Inspector of the Town of Mamaroneck refusing a permit for the construction of a new Rectory on premises known as Block 217, Parcel 1 on the Tax Assessment Map of the Town of Mamaroneck, according to certain plans filed with him; and WHEREAS, John J. Flynn requests that because of practical difficulty and unnecessary hardship this Board grant a variance and over-rule the decision of the Building Inspector; and WHEREAS, this Board has viewed the property and has examined the plans and other matters submitted by the Appellant, and has heard all persons appearing for or against the appeal, NOW, THEREFORE, BE IT RESOLVED, that the appeal of John J. Flynn from the decision of the Building Inspector refusing to issue a permit for the construction of a new Rectory on premises known as Block 217, Parcel 1 on the Tax Assessment Map of the Town of Mamaroneck, be granted upon the grounds of practical difficulty and unnecessary hardship by reason of the fact that the twenty-five foot rear yard would create a most pressing hardship in view of the plans of the Church of Sts. John and Paul, of which the Appellant is the Pastor, for the building of an additional school annex on the property in front of the proposed new Rectory; and it is FURTHER RESOLVED, that the application of the provisions of the Zoning Ordinance of the Town of Mamaroneck, i. e, , Article II, Section 3, as amended, relating to the construction of a building on premises in the rear of 280 Weaver Street, and known as Block 217, Parcel 1 on the Tax Assessment Map of the Town of Mamaroneck, be varied and modified so as to allow the construction of a new Rectory with a rear yard of less than twenty-five feet in accordance with the plans filed with the Building Inspector on August 8, 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 -80- FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. PUBLIC HEARING Application of Meyer Kurz for variance or modification of Article III, Section 9 so as to continue the use of a one-family residence on premises known as Block 224, Parcel 198 on the Tax Assessment Map of the Town of Mamaroneck, and also known as 9 Woody Lane, with one side yard less than six (6) feet along the northerly boundary. This building was constructed in 1931 and has been used by the owner since that time. A survey recently made shows a violation of the Zoning Ordinance with respect to the northerly side yard. Secretary presented the Affidavit of Publication of the Notice of Public Hearing as published in the Daily Times on August 13, 1956. The Acting Chairman declared the hearing opened and inquired whether anyone present wished to be heard on this application. APPEARANCES For Appellant - Mr. William Tieder 49 Sheldrake Avenue, Larchmont, N. Y. For Opposition - None Mr. Tieder stated that he was taking title "to this residence in a few weeks and wished to clear up this matter. There being no one else who wished to be heard, the Acting Chairman declared the hearing closed. ACTION OF THE BOARD: Application granted. THE VOTE: AFFIRMATIVE: Acting Chairman Schuler, Messrs. Parsons, Sobel ABSENT AND NOT VOTING: Messrs. Wullschleger, Bierman -81- I r THE RESOLUTION After discussion, on motion duly made and seconded, the following resolution was adopted: WHEREAS, Meyer Kerz, has appealed to this Board for modification of Article III, Section 9, of the Zoning Ordi- nance, so as to permit the use of a one-family residence at No. 9 Woody Lane, and known as Block 224, Parcel 198 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, Meyer Kerz, requests that because of practical difficulty and unnecessary hardship this Board grant a variance; and WHEREAS, this Board has viewed the property and has examined the plans and other matters submitted by the Appellant, and has heard all persons appearing for or against the appeal, NOW, THEREFORE, BE IT RESOLVED, that the application of Meyer Kerz for modifi- cation of Article III, Section 9, of the Zoning Ordinance, so as to permit the use of a one-family residence at No. 9 Woody Lane, and known as Block 224, Parcel 198 on the Tax Assessment Map of the Town of Mamaroneck, be granted by reason of the inability to move the house, which was built twenty-five years ago, to conform to the Zoning Regulations; 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 "Side Yards" be varied and modified so as to permit the use of a one- family residence with a side yard along the northerly boun- ,; dary less than six feet, i. e. , 3. 30' on premises at No. 9 Woody Lane, and known as Block 224, Parcel 198 on the Tax Assessment Map of the Town of Mamaroneck, as shown on Survey prepared by Thomas J. McEvoy, dated July 24, 1956, and submitted with this application. -82- r 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 8:20 p. m. (3�A -zan t cv i9f.t‘rd- 1 C �t Secretary -83-