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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-