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HomeMy WebLinkAbout1953_12_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD DECEMBER 23, 1953, IN THE COUNCIL ROOM OF THE WEAVER STREET FIRE HOUSE, TOWN OF MAMARONECK. Mr. Wullschleger called the meeting to order at 8 P. M. PRESENT: Mr. Wullschleger, Chairman M r. Rigano Mr. Maggini Mr. Burke Mr. Brush ABSENT:: None Presence was also noted of Mr. Delius, Town Attorney, Mr McEvoy, Building Inspector, and Mrs. Barnes, Clerk to the Board and Recording Secretary. Upon motion duly made and seconded, the minutes of the meetings of November 6th, 9th, and 24th, were approved as presented. The application before the Board was that of Gaetano Protano for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit erection oft house containing less than 35, 000 cubic feet on a lot containing less than 15, 000 square feet, with a front set-back of less than 40 feet, and one side yard of less than 10 feet, on premises on the east side of Bonnie Way (no number) known on the Tax Assessment Map of the Town of Mamaroneck as Block 105 Parcel 531, said property being located in the "Residence Zone AA" of the Town of Mamaroneck. Mr. Jerome Wanshel appeared representing the applicant and stated that this application had originally been before this Board at its meeting of November 6th, at which time he had stated his case which is that because of large de- posits of rock and the fact that Mr. Protano owned this lot at the time of the adoption of the Ordinance including it in an "AA"Residence Zone , he is en- titled to the variance requested. Mr. Protano has owned this property since 1947. The Title Guarantee and Trust Company certifies title in the name of Mr. Protano. Mr. Wanshel submitted plans and a sketch of the property ant, informed the Board that Rockcliffe Estates from whom Mr. Protano had purchased the property, had imposed certain restrictions among which was the right to approve plans. Mr. Protano had at one time (approximately 2 years ago) obtainer. _i permit to build a house on this lot but had allowed the permit to lapse. Mr. Walter. E. Warner, 60 Broadway, New York City (home address, 3 Briar Close, Larchmort) appeared representing the following home owners: -154- j Robert C. Dalton 21 Bonnie Way William McLaughlin 1 Bonnie Way Charles Burris 10 Bonnie Way Wallace C. Lippincott 26 Bonnie Way B. Franklin Nelson 14 Bonnie Way Charles W. Martin 30 Bonnie Way Dr. Haralambie 32 Bonnie Way Carl Koash Irwin Guttag 4 Briar Close Sheldon S. Turk ? Briar Close Carl Reifeld 1 Briar Close Leo N. Levi 145 Briar Close William L. Knoepke 8 Briar Close John E. Vis 6 Briar Close Arthur Link 12 Knollwood Drive Michael Flinn 27 Bonnie Way Daniel McFadden 25 Bonnie Way Donald Bissel 23 Bonnie Way Mr. Warnes said these people wished to record their opposition to the application and he also submitted letters from the sar.,:e group, which letters were received and filed. The principal objections seemed to be that the proposed house will not have a slate roof and that it is proposed to be built within 10 feet of one side line. The Board then went into executive session and, after discussion, on motion duly made and seconded, the following resolution was adopted: WHEREAS, Gaetano Protano has appealed to this Board for modification of Article III Section 9 of the Zoning Ordinance z .; _+mended, to permit erection of a house containing less than 35, 000 cubic feet on a lot containing less than 15, 000 square feet, with a front set-back of less than 40 feet and one side yard of less than 10 feet on premises on the east side of Bonnie Way (no number) known on the Tax Assessment Map of the Town of Mamaroneck as Block 105 Parcel 531, said property being located in the AA Residence Zone of the Town of Mamaroneck; and WHEREAS, this application has come on duly to be heard by this Board at its regular meeting, held December 23, 1953; and WHEREAS, it appears that it would be an unnecessary hardship, because of large ledges of rock running through the property and the fact that applicant owned the property at the time of the passage of the Ordinance including said property in an AA Residential Zone, to require the applicant to comply with the strict provisions of the Ordinance; and -155- W73EREAS, all persons , either in favor of or against this application have been heard, NOW, THEREFORE, BE IT RESOLVED that the appeal of Gaetano Protano be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting construction of a one familh house containing less than 35, 000 cubic feet, to wit, 34, 700 cubic feet, on a lot containing less than 15, 000 square feet, to wit, 10, 000 square feet, with a front set- back of less than 40 feet, to wit, 30 feet, and one side yard (the northerly side yard) of 10 feet and the other side yard (the southerly side yard) of 17 feet, on premises located on the east side of Bonnie Way (no number) known on the Tax Assessment Map of the Town of Mamaroneck as Block 105 Parcel 531, in accordance with plans and specifications filed in connection with this application, provided, however, that in all other respects, applicant comply with the provi - sions of the Zoning Ordinance and Building Code of the Town of Mamaroneck, and provided further, that no occupancy certificate shall be issued until the road is constructed giving suitable access to the house to be erected. A vote ;recorded on this resolution was as follows: AYES: Mr. Wullschleger Mr. Rigano Mr. Maggini Mr. Burke Mr. Brush NOES: None There being no further business to come before the meeting, it adjourned at 9: 30 P. M. Secretary -156-