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HomeMy WebLinkAbout1950_02_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MMMARON'ECK, HELD FEBRUARY 23rd, 1950, IN THE AUDITORIUM OF THE WEAVER STREET FIRE HOUSE, LARCHMONT, N. Y . PRESENT: Mr. C . J. Quinn, Chairman Mr. Charles F. Mink Mr. Arthur E. Wullschleger Mr. Henry W. Butterfield Mr. Morgan J. Burke The Chairman called the meeting to order at 8:30 P. M. and announced„ that the application of Mansfield Mills Co. for a variance, in connec- tion with property known as Block 215, Parcel 1 on the Tax Assessment Map (the old. Boston & Westchester Railroad Station) had this day been withdrawn. He regretted that the news had come to the Board too late to do anything in the way of notifying interested people and Eve them from attending this meeting. Those present who had been interested in this application, numbering about 50, at this point left the meeting. The minutes of the previous meeting of the Board, held January 25th, 1950 were approved as presented. The Chairman commented on the fact that since the last meeting. two of the members of this Board, Mr. George D. Burchell and Mr. Jeremiah C . Waterman, had resigned and he went on to say that both of these members had rendered valuable and conscientious service to the public while serving on this Board and should be commended. At the same time the Chairman recognized the presence of two new members, Mr. Morgan J. Burke and Mr. Henry W. Butterfield, and wel- comed them to the Board. The Board first considered the application of Luby Chevrolet Co. , Inc. for modification of Article II, Section 3 and Article III, Section 9 of the Zoning Ordinance, to permit the erection of a lubritorium on the rear of premises on the west side of Boston Post Road from Weaver Street to Ferndale Street, known on the Tax Assessment Map as Block 410, Parcel 268. The Clerk stated that the application had been duly advertised. Mr. Julian Hyman, an attorney, represented Luby Chevrolet Co. , Inc. and addressed the Board. He submitted a memorandum in support of the application. Mr. Norman Blari, architect for the applicant, was also present and answered questions put to him by the Board members . The following persons spoke and said they wished to register their opposition to this application: Mr. Fred Dodenhoff, 23 Weaver Street, Town Mr. Tony Garofalo, 24 Weaver Street, Town Mrs. Carleton F. Winkler, 27 Weaver Street, Town -67- Mr. Fred Moll, 43 Weaver Street, Town Dr . Maurice E. Serling, 6 Weaver Street, Town (Dr. Serling said he also wished to register his mother' s opposition to the application; she owns the property next to his on weaver Street) Miss M. C. F. Moll, 33 Weaver Street, Town The applicant was informed that he would be notified of the Board' s de- cision. The next application before the Board was that of Mr. Kenneth Low for motification of Article III, Section 9 of the Zoning Ordinance to permit the erection of a building, one corner of which will be within 30 feet of the street line, to wit, 23 feet, in connection with property on the north side of Hommocks Road known on the Tax Assessment Map as Block 416, Parcel 112. The Clerk stated that the application had been duly advertised. and Mr. Low appeared in his own behalf, submitting blue prints,/a plot plan, and answered questions cut to him by Board members. After discussion, Mr. Low was informed that he would be notified of the Board' s decision. The next application before the Board was that of Merritt Building Corp. , John C. Merritt, President, for modification of Article III, Section 9 of the Zoning Ordinance, to permit the erection of a one-family dwelling within 30 feet of the front street line, to wit, 25 feet, in connec- tion with premises on the south side of Ellsworth Road, 110 feet south from Little Farms Road, known on the Tax Assessment Map as Block 212, Parcel 88 and 93. The Clerk stated that the application had been duly advertised. Mr. Merritt appeared in behalf of the application as did also, Mr. Warren Holby, 45 Vine Road. Mr. Merritt stated that his reason for applying for the variance was that if he kept his house back 30 feet from the street line, he would have to build it higher because of the amount of rock in the lot, and thus the house would not conform with the other houses in the neighborhood. Mr. Anthony A. Russo, 31 Ellsworth Road, said he had no objection to the application. Mr. Donald F. Vanderbilt, 47 Ellsworth Road, had no objection. After discussion, Mr. Merritt was informed that he would be notified of the Board' s decision. -68- Mr. Thomas Scappaticci appeared before the Board in connection with his application for a variance which had been originally before the Board on November 23rd, 1949 and had been adjourned from month to month since that time, to give Mr. Scappaticci an opportunity to file a new plot plan. Mr. Scappaticci filed a new plan at this meeting and after dis- cussion, he was informed that he would be notified of the Board' s decision. The Board went into executive session and after discussion of the application of Luby Chevrolet Co. , Inc. , it was, on motion duly made and seconded, RESOLVED that the application of Luby Chevrolet Co. , Inc. , for modification of Article II, Section 3 and Article III, Section 9 of the Zoning Ordinance to permit the erection of a lubritorium on the rear of premises on the west side of Boston Post Road from Weaver Street to Ferndale Street, known on the Tax Assessment Map as Block 410, Parcel 268, be and the same hereby is denied upon the ground that the applicant has failed to show unnecessary hardship or practical difficulty in abiding by the strict provisions of the Ordinance. A vote taken on this resulted as follows: AYES: Mr. Quinn Mr. Mink Mr. Wullschleger Mr. Butterfield Mr. Burke NOES: None After discussion of the application of Mr. Kenneth Low, the following resolution was duly moved and seconded: WHEREAS, Kenneth Low has appealed from a decision of the Building Inspector, denying his application for a permit to erect a one-family dwelling with part of said dwelling approximately 23 feet from the line of Hommocks Road, which dwelling is to be located on premises known on the Tax Assessment Map of the Town of Mamaro- neck as Block 416, Parcel 112; and WHEREAS, said appeal is predicated upon the grounds of un- necessary hardship and practical difficulty in complying with the strict provisions of the Ordinance and it appears to the Board, under all the circumstances, that it would be an unnecessary hardship, be- cause of the topography of the plot or lot and the grade running from the street to the high water mark, to require the applicant to comply with the strict provisions of the Ordinance in respect to the pres- -69- 4 cribed 30-foot set-back, and it appears to the board that the variance, if granted, would not be detrimental to the public welfare, safety or health, NOW, THEREFORE, BE IT RESOLVED that the appeal of Kenneth Low be and the same hereby is allowed and the decision of the Building In- spector reversed to the extent of permitting the erection of said one-family dwelling with attached garage with a set-back of not less than 23 feet from the street line of , Homnocks Road as shown on the plot plan and drawing filed in connection with this application, provided, however, that applicant comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamanneck. A vote taken on this resulted as follows: AYES: Mr. Quinn Mr. Mink Mr. Wullschleger Mr. Butterfield Mr. Burke NOES: None After discussion of the application of Merritt Building Corp. , the following resolution was duly moved and seconded: WHEREAS, Merritt Building Corp. has appealed from a decision of the Building Inspector, denying its application for a permit to erect a one-family dwelling with part of said dwelling approximately 25 feet from the line of Ellsworth Road in connection with property known on the Tax Assessment Map of the Town of M::maroneck as Block 212, Parcel 88 and 93; and WHEREAS, said appeal is predicated upon the grounds of un- necessary hardship and practical difficulty in complying with the strict provisions of the Ordinance and it appears to the Board, under all the circumstances, that it would be an unnecessary hardship, because of the topography of the lot or plot and the presence of rock which would require extensive blasting, to require the applicant to comply with the strict provisions of the Ordinance in respect to the pres- cribed 30-foot set-back, and it appears to the Board that the vari- ance, if granted, would not be detrimental to the public welfare, safety or health, NOW, THEREFORE, BE IT RESOLVED that the appeal of Merritt Building Corp. be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of c,ermitting the -70- erection of said one family dwelling with a set-back of not less than 25 feet from the street line of Ellsworth Road as shown on the plot plan and drawing filed in con- nection with this application, provided, however, that applicant comply it all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote taken on this resulted as follows: AYES: Mr. Quinn Mr. Mink Mr. Wullschleger Mr. Butterfield Mr. Burke NOES: None In connection with the application of Thomas Scappaticci which was before this Board on November 23rd, 1949, and which has been ad- journed from month to month, the following resolution was duly adopted: WHEREAS, Thomas Scappaticci has taken an appeal from a deci- sion of the Building Inspector, denying his application to permit the erection of a single family dwelling on the northwest corner of Holly Place and Crest Avenue, known on the Tax Assessment Map as Block 223, Parcel 239, with a front set-back of 30 feet from Holly Place and a side set-back of 11 feet from Crest Avenue, which application was denied by the Building Inspector. because of the provisions of Arti- cle III, Section 9 which provide that no part of any building shall be built within 30 feet of any street line except that on corner lots, such buildings may be set back a lesser distance from the side street with the approval of the Board of Appeals; and WHEREAS, the said appeal was predicated upon the grounds of hardship because of the fact that the lot or plot is only 50 feet wide by 10•0 feet deep, and the dimensions of the building to be erected are such that it would be impractical to set it back 30 feet from Crest Avenue, NOW, THEREFORE, BE IT RESOLVED that the appeal of the said Thomas Scappaticci be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting the erection of a single family dwelling herein applied for and as shown on the plot plan and building specifications filed in connection with this application, mat less than 15 feet from the line of Crest Avenue, provided that the applicant comply in all other respects with the Zoning Ordinance, and Building Code of the Town of Mamaroneck. There being no further business to come before the Board, the meeting adjourned at 10: 20 P. M. / Zh_4 , y * Secrettary - -71-