HomeMy WebLinkAbout1954_08_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN
OF MAMARONECK, HELD AUGUST 25, 1954, IN THE COURT ROOM OF THE MAMARONECK
TOWN POLICE DEPARTMENT, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK.
Mr . Wullschleger called the meeting to order at 8 P. M.
PRESENT: Mr . Wullschleger, Chairman
Mr. Burke
Mr . Rigano
Mr. Schuler
Mr . Maggini
ABSENT: None
Presence was also noted of Mr. McEvoy, Building Inspector, and Mrs .
•
Barnes , Clerk to the Board and Recording Secretary.
On motion duly made and seconded, the minutes of the previous meeting,
held July 28, 1954, were approved as presented .
The application before the Board was an amended application of Patsy
Giacomo for modification of Article II , Section 3 of the Zoning Ordinance
to permit erection of a public automobile garage in an A-2 Residential
area. to replace presently existing non-conforming public auto garage (which
will be demolished) and which is located on Lester Place adjacent to
proposed structure site on Fifth Avenue . Proposed structure will be located
on the northwest side of Fifth Avenue, beginning 100 feet southerly from
Madison Avenue and extending 50 feet southerly on Fifth Avenue by 100
feet deep, forming the southwesterly corner of Block 132 Parcel 78 on
the Assessment Map of the Town of Mamaroneck, and heldges will be main-
tained across the rear and Madison Avenue side of the new garage, to full
height of building.
This application had been before this Board at its previous meeting,
July 28th, and Mr . McWilliams, who represented Mr. Giacomo at that
tim9 again appeared to represent him at this re-hearing.
Mr. McWilliams stated that there had been considerable and substantial
change in the situation since it was originally submitted . Mr. Giacomo
had not, at that time, been able to answer whether or not the old building
would be demolished, because he did not own it . Since then, he has pur-
chased it and simply for the purpose of demolishing it . He went on to
say that Mr . Giacomo plans to erect a hedge to hide the new building.
He had also submitted a plan showing an increase in the size of the pro-
posed structure from 35 feet to 40 feet in width . Also he had specifi-
cally stated just what part of the premises the variance would apply to,
as that had been an objection at the previous meeting„ He went on to
say that the corner of the plot will be used for residential purposes .
Mr . Burke asked Mr . McWilliams if he could cite a case in point. Hen
then asked him whether he would agree that, as a legal principal, under no
circumstances could this Board direct Mr. Giacomo to do anything about
the old garage. He next asked on what legal grounds the variance is
requested .
-181-
•
•
Mr. McWilliams said there is a type of hardship here which will be
• found nowhere else. The hardship is unique and is due to the Zoning
Ordinance. He said the spirit of the Ordinance will be upheld and the
• character of the neighborhood will be improved if the variance is granted .
•
• Mr . Morton Engel, 6 Lafayette Road, said he feels granting this vari-
ance would improve his property and the neighborhood .
Mr . Allen Strong, 100 Madison Avenue, said he lives diagonally across
the street from the subject property. He had aopposed the application
• when it was first made, but now he is in favor of ti .
• Mr. Julian E. Bers, 9 Lafayette Road, said he is opposed to the grant-
. ing of the application and he speaks for his 2 neighbors, Bill Wolfe and
• Warner Apt .
• Mr . Jerrold M. Sonet, 17 Lafayette Road, spoke at great length in opposi-
tion to the variance . He is against down-grading of zoning anywhere .
• He said the applicant had shown no hardship.
• Mr. Charles Rafsky, 19 Lafayette Road, registered his opposition.
• Mr. Louis Bernstein, 1 Huguenot Drive, registered his opposition and
said he represented Donald Hobbs, who lives in the area of the sub-
ject property. He said the property is not large enough for the
many activities which are carried on there and that they had been give
instructions many times to "clean up the place but had refused to do
so" . (Here he was referring to the Giacomo family) He believes there
is no hardship.
Mr . Arthur Bogardus, 17 Overlook Terrace, representing the Larchmont
• Hills Civic Association, who had instructed him to request this Board
to deny the application.
Mr. John H. Cuthbertson, 16 Lafayette Road, registered opposition.
•
Mr . Robert Weiskopf, 18 Lafayette Road, said he does not want to see
• the neighborhood down-graded .
•
• Mr. Robert Parsons, 42 N. Chatsworth Avenue, feels very strongly that
the application should be denied .
•
Mr. McWilliams said in rebuttal that the granting of the variance
•
would not be a down-grading but, on the contrary, would improve the
• neighborhood .
•
• The Board then went into executive session and on motion duly made and
•
seconded, the. following resolution was adopted :
•
WHEREAS, Patsy Giacomo has appealed to this Board for modification of
• Article II , Section 3 of the Zoning Ordinance to permit erection of a
•
public automobile garage in an A-2 residential area to replace presently
• existing non-conforming public auto garage on premises on the northwest
•
side of Fifth Avenue, beginning 100 feet southerly from Madison Avenue
• and extending 50 feet southerly on Fifth Avenue by 100 feet deep, forming
•
the southwesterly corner of Block 132 Parcel 78 on the Assessment Map
• of the Town of Mamaroneck; and
•
-182-
WHEREAS , this meeting has come on duly to be heard by this Board at
its meeting held August 25th, 1954, having been adjourned at the meet-
ing of July 28th; and
WHEREAS, all persons, whether for or against the application, have
been heard by this Board,
NOW, THEREFORE, BE IT
RESOLVED that the appeal of Patsy Giacomo for modifica-
tion of Article II , Section 3 of the Zoning Ordinance to
permit erection of a public automobile garage in an A-2
residential area to replace presently existing non-
conforming public auto garage on premises on the north-
west side of Fifth Avenue, beginning 100 feet southerly
from Madison Avenue and extending 50 feet southerly on
Fifth Avenue by 100 feet deep, forming the southwesterly
corner of Block 132 Parcel 78 on the Assessment Map of
the Town of Mamaroneck, be and it hereby is denied on
the ground that applicant has failed to show unnecessary
hardship or practical difficulty in abiding by the pro-
visions of the Ordinance.
A vote on this resolution was recorded as follows:
AYES : Mr . Burke
Mr . Rigano
Mr. Schuler
Mr. Maggini
NOES : Mr . Wullschleger
There being no further business to come before the meeting, it ad-
journed at 9: 50 P. M.
Secre a.ry
-183-