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HomeMy WebLinkAbout1954_12_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD DECEMBER 22, 1954, IN THE TOWN OF MAMARONECK POLICE HEADQUARTERS, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. PRESENT: Mr. Burke, Acting Chairman Mr. Rigano Mr . Schuler ABSENT: Mr . Wullschleger, Chairman Mr . Maggini 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 meeting of December • 8th were approved as submitted . • The Clerk read the application of Thomas Guglielmo for permission to amend plans filed September 8, 1954, to the extent of adding a porch to • a one-family dwelling under construction at 124 East Garden Road, known on the Tax Assessment Map of the Town of Mamaroneck as Block 214, Parcel • 280, for which building construction, variance was granted by this Board to Josephine Elder, on September 22, 1954 . Mr. Guglielmo appeared and explained that the house is on a corner and there is not much rear yard . He feels that a porch would add some privacy and would increase the value of the house . There is enough side yard, he feels to warrant a porch and he believes that he neglected • to add this in the original plan. • He has talked with all the neighbors and they tell him they feel it would be an addition to the house . There was no opposition to this application. ***** • The Clerk then read the application of Milton Stein for modification of Article III , Section 9 of the Zoning Ordinance as amended, to permit • erection of a one-family dwelling in an AA Residence Zone within 40 feet of the street line, i .e . 25 feet from Prince Willows Lane, on premises • located at the corner of Prince Willows Lane and Doris Road, and also known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Parcel 1187. Mr . Anthony Signorielli, 3640 Bronx Boulevard, Bronx, N. Y. 67, an architect, appeared representing Mr. Stein, and submitted plans showing the exact layout of the first floor and basement of the proposed house, • showing the problem which confronts Mr . Stein. He also submitted a plot plan. The required set-back is 40 feet and the problem here stems • from the fact that the other houses are set back 80 feet and Mr. Stein wants to keep his house back as far as possible from the property line • on Doris Road , in order to be as nearly as possible in line with the other houses on that street . He feels this will keep the house in • character with the other houses in the neighborhood . • -200- a Dr. Samuel B. Frank, 3 Fairway Drive, said he had come to the meeting to learn something about the situation. The following registered their names with the Board : Mr. Morton Levin, Old White Plains Road Mr. Bernard Schwartz, 14 Doris Road Mrs . Morton Levin, Old White Plains Road Mrs . Myra Shaskan, 22 Doris Road Mr . Leon J. Roversi, 71 Old White Plains Road Mrs . Milton Shifman, 1181 Old White Plains Road Mr . Morton S . Levin, as President of Prince Willows Association, Inc . , presented and read an Affidavit in Opposition to the application, which affidavit was received and filed . Mr. Bernard Schwartz stated to the Board that it had been impossible to tell from the notice published and sent to the surrounding property owners, just where the desired set-back variance would be, i.e . from Doris Road or from Prince Willows Lane . He, of course, would prefer that Mr. Stein would keep as far back as possible from Doris Road. However, he said, he must consider the others in the Association and they do not wish to establish a precedent . Mr. Burke announced that there is no such thing as establishing a prece- dent with this Board. Mr . Schwartz would be happier if Mr. Stein keeps as far as possible from Doris Road but he will reserve judgment because of his neighbors . Dr . Frank asked if there is any necessity for this particular type of house to be built on that lot. He went on to say that if this house is allowed to be built 25 feet from the property line , the people next to it will be in a difficult situation. Mr. Roversi feels there should be something more known about the house . Mr. Burke explained that this Board has no jurisdiction over the type of house built anywhere . Mr. Signorelli explained that the lot in question is so laid out that in order for Mr . Stein to have any privacy, there must be a certain amount of rear yard , hence the necessity for this type of house. Mr. 4 Stein has the feelings of his adjoining neighbors very much in mind . The house will be kept back an average of 64 feet from Doris Road . Mr. Rigano asked Mr. Schwartz for his reaction. Mr. Schwartz said he would prefer to have the house back 65 feet from Doris Road . Mr. Signorelli said the proposed building will be worth in the neighbor- hood of $40,000. -201- Mr . Levin explained that when the Prince Willows Association met, they had no knowledge of personalities . Their main concern is to up-hold the zoning in this area. Mr. Shaskan said he agrees with Mr. Schwartz but he feels he must go along with the Association in upholding the zoning laws . He is worried about future building in that area . Mr. Rigano explained that there is now a. Planning Board in the Town of Mamaroneck, and in future developments this will not happen . Mr. Schwartz feels the Prince Willows Association must show faith in the Board and in the Town, and believe that each case will be decided on its merits . He is now in favor of the variance and feels the Association should ask for it . Mr. Levin said he speaks for the Association and they are in favor of the variance or at least are not opposed to it . However, they would ask that whenever possible, they be informed of any future applications for variances in that neighborhood . Mr. Roversi said he was agreeable, provided the house will not be closer than 60 and 68 feet to Doris Road . ****** The Board then went into executive session and after discussion, on motion duly made and seconded, the following resolution was adopted : WHEREAS , this 3oard, on September 22 , 1954, granted a variance to Josephine Elder, then owner of Block 214, Parcel 280, on the Tax Assess- ment Map (124 East Garden Road) reversing the decision of the Building Inspector to the extent of permitting the construction of a one-family house in accordance with plans filed with the Building Inspector on September 8, 1954, in an A residence zone , with a front set-back from Garden Road of less than 30 feet, to wit, 15 feet, provided that the proposed building be built a. distance of not less than 50 feet from East Brookside Drive and, provided further, that in all other respects, applicant shall abide by the provisions of the Zoning Ordinance and Building Code of the Town of Mamaroneck; and WHEREAS, Thomas Guglielmo, the builder and present owner of said premises , now makes application for permission to amend the plans filed September 8th, to the extent of adding a porch to the building under construction, NOW, THEREFORE, BE IT RESOLVED that this application be and it hereby is allowed, permitting amendment of plans filed September 8, 1954, to the extent of adding a porch to the one-family dwelling under construction at 124 East Garden Road, known on the Tax Assessment Map of the Town of Mamaroneck as Block 214, • Parcel 280. -202- The vote on this resolution was recorded as follows : AYES : Mr . Burke • Mr. Rigano Mr. Schuler NOES: None • ****** • The Board next considered the application of Milton Stein, and on motion duly made and seconded, it was RESOLVED that the application of Milton Stein for modification • of Article III , Section 9 of the Zoning Ordinance as amended, to permit erection of a one-family dwelling in an AA Residence • Zone within 40 feet of the street line, i .e . 25 feet from Prince Willows Lane, on premises located at the corner of Prince Willows • Lane and Doris Road, and also known on the Tax Assessment Map of the Town of Mamaroneck as Block 333, Parcel 1187, be and • it hereby is denied. The vote on this resolution was recorded as follows : AYES : Mr. Burke • Mr. Rigano Mr. Schuler NOES: None • ****** • The Board next considered the application of Ida H. Wood which had been adjourned at the meeting of December 8th, pending further investigation • by the Board . • On motion duly made and seconded, the following resolution was adopted : • WHEREAS, at a meeting of this Board, held December 8, 1954, the application of Ida H. Wood for modification of Article III , Section 9 • of the Zoning Ordinance as amended, to permit erection of a one-family dwelling in an AA residence zone, on a plot containing less than 15,000 square feet, to wit, 10, 600 square feet, more or less, and with • less than a 40-foot front set-back, to wit, 30 feet, on premises located on the south side of Briar Close at the dead end of Briar Close, known on the Tax Assessment Map of the Town of Mamaroneck as Block 105, Parcels 435 and 421, was considered by this Board and decision deferred, • pending further investigation by the Board ; and • WHEREAS, it appears that Ida H. Wood was the owner of the premises in question at and prior to the time of the adoption of the resolution • amending the Zoning Ordinance and making that area of the Town (Briar Close) AA residential property instead of A residential property; and -203- 1 • WHEREAS, at said meeting, all persons, either in favor of or opposed to this application, were heard ; and WHEREAS, said premises contains large deposits or ledges of rock, • making it very difficult, if not impossible, for applicant to locate a house 40 feet back from the property line, NOW, THEREFORE, BE IT RESOLVED that the appeal of Ida H. Wood be and the same • hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting erection of a one-family • dwelling in an AA residence zone, on a plot containing less than 15,000 square feet, to wit, 10, 600 square feet, more or less, and with less than a 40-foot front set-back, to wit, 30 feet, on premises located on the south side of Briar • Close at the dead end of Briar Close, known on the Tax Assessment Map of the Town of Mamaroneck as Block 105 • Parcels 435 and 421 , in accordance with plans filed in connection with the application and revised plot plan sub- . mitted and now on file with the Building Ins°ector, on grounds of topographical conditions, provided, however, that in all other respects, applicant comply with the • Zoning Ordinance and Building Code of the Town of Mamaro- neck. A vote on this resolution was recorded as follows : AYES: Mr. Burke • Mr. Rigano Mr. Schuler NOES: None There being no further business to come before the meeting, it ad- • journed at 10: 10 P. M. / 1.� Zic;? ;2 • Secre ary -204 • -