HomeMy WebLinkAbout1955_12_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS
OF THE TOWN OF MAMARONECK, HELD DECEMBER. 28, 1955, IN THE
BOARD ROOM AT POLICE HEADQUARTERS, 11 EDGEWOOD AVENUE,
TOWN OF MAMARONECK.
PRESENT: Mr. Wullschleger, Chairman
Mr. Rigano
Mr. Burke
Mr. Schuler
Mr. Maggini
ABSENT: None
Presence was also noted of Mr. McEvoy, Building Inspector, Mr. Delius,
Town Attorney, and Mrs. Barnes, Clerk to the Board and Recording Secretary.
The Chairman called the meeting to order at 8 P. M. , and on motion duly
made and seconded the minutes of the previous meeting, held November 23,
1955, were approved as presented.
The first application before the Board was that of Milton Shifman for modification
of Article III, Section 9 to permit addition of new garage within 10 feet of the
westerly side line (5. 21 feet) in an "AA" residence zone, on premises located
at 1181 Old White Plains Road, designated on the Tax Assessment Map as
Block 333, Parcel 946.
Mr. Milton Shifman appeared and presented plans of the garage. He said he
merely wishes to extend the existing garage. He also presented a plan of the
house.
Mr. Shifman's lot is approximately 1/2 acre.
He said it is his wish to convert part of the present 2-car garage into living
quarters and then have a 1-car garage. The new room will be used as a play
room and living room.
Mr. Shifman said he had contacted his neighbors and the 9 who received notice
of this meeting are not opposed to the variance, and had signed a paper so stating.
This was received and filed. The man living next door to Mr. Shifman had not
signed this paper.
Dr. Henry Borneheimer, the next door neighbor was present and said he wished
to register a protest against this application. He feels it will depreciate his
property.
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The next application before the Board was that of Hubert M. Finnerty as agent
for Marjorie Petigor and others to permit erection of a one-family house on
a corner lot, in a two-family area ("A-2") with a side set-back of less than
30 feet, i. e. , 14. 6 feet on premises located at the corner of Blossom Terrace
and Merritt Street, designated on the Tax Map as Block 403, Parcel 299.
The Board decided to consider this together with the next application which
was that of Hubert M. Finnerty as agent for Marjorie Petigor and others,
to permit erection of a one-family house on a corner lot (in a two-family
area, ("A-2") with a side set-back of less than 30 feet, i. e. , 14. 6 feet, on
premises located at the corner of Palmer Avenue and Merritt Street, desig-
nated on the Tax Map as Block 403, Part of Parcel 61.
Mr. Finnerty appeared and said he has a contract to purchase this property
and needs these variances in order that he may erect 15 houses, 7 on one
street and 8 on the other. The houses will be worth approximately $18, 000.
He feels it will not hurt the character of the neighborhood to allow him these
variances.
He presented a plot plan showing the proposed location of the houses.
Mr. Alfred DeCicco who is building a house at No. 2 Blossom Terrace said
he wished to register opposition to granting these variances. He said most
of the other houses (which are two-family houses) are on 75-foot plots.
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The last application to come before the Board was that of Alfred Willis as
agent for Philip Tarter, to permit extension of present commercial building
in a business area by allowing a 40 x 24 foot addition to the front of the
present building located at 434 Boston Post Road designated on the Tax
Assessment Map as Block 503, Parcel 326.
Both Mr. Willis and Mr. Tarter appeared and Mr. Tarter said that the people
owning the property adjoining his property on the Larchmont side have formerly
complained of water draining on to their property. Under the proposed set-up,
he said, the entire operation will be inside and the people in that area are now
in favor of this.
There was no opposition to this application.
The public meeting was nowdeclared closed and the Board went into executive
session.
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First considered was the application of Milton Shifman and on motion duly
made and seconded, it was
RESOLVED that the application of Milton Shifman
for modification o.f Article III, Section 9 to permit
addition of new garage within 10 feet of the westerly
side line (5. 21 feet) in an "AA" residence zone, on
premises located at 1181 Old White Plains Road,
designated on the Tax Assessment Map as Block 333,
Parcel 946, be and it hereby is denied and the de-
cision of the Building Inspector upheld, on the ground
that applicant has failed to show unnecessary hardship
or practical difficulty.
The vote on this resolution was recorded as follows:
AYES: Mr. Burke
Mr. Schuler
Mr. Rigano
Mr. Maggini
NOES: Mr. Wullschleger
The Board next considered the application of Hubert M. Finnerty, and on
motion duly made and seconded, it was
RESOLVED that the application of Hubert M. Finnerty
as agent for Marjorie Petigor and others, for modifi-
cation of Article III, Section 9, to permit erection of
a one-family house on a corner lot, in a two-family
area (A-2) with a side set-back of less than 30 feet,
i, e. , 14. 6 feet on premises located at the corner of
Blossom Terrace and Merritt Street, designated on
the Tax Assessment Map as Block 403, Parcel 299,
be and it hereby is denied and the decision of the
Building Inspector upheld, on the ground that applicant
has failed to show unnecessary hardship or practical
difficulty.
A vote taken on this resolution was recorded as follows:
AYES: Mr. Wullschleger
Mr. Rigano
Mr. Burke
Mr. Schuler
Mr. Maggini
NOES: None
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On motion duly made and seconded, it was
RESOLVED that the application of Hubert M. Finnerty
as agent for Marjorie Petigor and others, for modifi-
cation of Article III, Section 9, to permit erection of
a one-family house on a corner lot, in a two-family
area (A-2) with a side set-back of less than 30 feet,
i, e. , 14. 6 feet on premises located at the corner of
Palmer Avenue and Merritt Street, designated on the
Tax Map as Block 403, Part of Parcel 61, be and it
hereby is denied and the decision of the Building In-
spector upheld, on the ground that applicant has failed
to show unnecessary hardship or practical difficulty.
A vote taken on this resolution was recorded as follows:
AYES: Mr. Wullschleger
Mr. Rigano
Mr. Burke
Mr. Schuler
Mr. Maggini
NOES: None
The Board next took up the application of Alfred Willis as agent for Philip
Tarter, and on motion duly made and seconded, the following resolution was
adopted:
WHEREAS, Alfred Willis, as agent for Philip Tarter, has
appealed to this Board for permission to extend a commercial building in
a business area by allowing a 40 x 24 foot addition to the front of the present
building located at 434 Boston Post Road, designated on the Tax Assessment
Map as Block 503, Parcel 326; and
WHEREAS, this application has come on duly to be heard
by this Board at its meeting held December 28, 1955; and
WHEREAS, the members of this Board have inspected the
property for which a variance is requested; and
WHEREAS, All persons, either in favor of or against
this application, have been heard,
NOW, THEREFORE, BE IT
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RESOLVED that the appeal of Alfred Willis, as agent
for Philip Tarter, from the determination of the Build-
ing Inspector be allowed and the determination of the
Building Inspector reversed and he hereby is directed
to issue to the applicant, a building permit to extend
a commercial building in a business area by allowing
a 40 x 24 foot addition to the front of the present build-
ing located at 434 Boston Post Road, designated on the
Tax Assessment Map as Block 503, Parcel 326, in
accordance with plans and specifications submitted
to the Building Inspector.
ector.
P
1 The vote taken on this resolution was recorded as follows:
AYES: Mr. Wullschleger
Mr. Rigano
Mr. Burke
Mr. Schuler
Mr. Maggini
NOES: None
There being no further business to come before the meeting, it adjourned
at 9 P. M.
Secretary .
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