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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. ****, ,;(***** -4✓- 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. * ******** 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. 1 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 -47- 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 -48- I 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 . -49- 1