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HomeMy WebLinkAbout1955_02_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD FEBRUARY 23, 1955, IN THE COURT ROOM AT • MAMARONECK TOWN POLICE HEADQUARTERS, 11 EDGEWOOD AVENUE, TOWN. • PRESENT: Mr. Burke Mr . Rigano Mr. Schuler Mr. Maggini ABSENT: Mr. Wullschleger • • Presence was also noted of Mr. McEvoy, Building Inspector, and Mrs . Barnes , Clerk to the Board and Recording Secretary. In the absence of the Chairman, Mr. Wullschleger, Mr. Burke acted as • Chairman and called the meeting to order at 8 P. M. • On motion duly made and seconded, the minutes of the previous meeting, held January 26, 1955, were approved as presented . • The first application before the Board was that of Margaret E. • • Cocciolone for modification of Article II , Section 3 of the Zoning Ordinance as amended , to permit a 2-family dwelling in a 1-family • area, on premises located at 24 Baldwin Avenue, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 126 Parcel 140 . Mrs . Margaret Cocciolone, 22 Baldwin Avenue, appeared and stated that this property had been purchased from the Town about 6 months ago. Her mother's house on Myrtle Boulevard is to be razed to make way for the new Thruway and she plans to move it to Baldwin Avenue and make it into a 2-family house . She said that Baldwin Avenue • and the area around it is predominantly 2-family houses . She feels • it wo8ld be an improvement to the area. • • Mr . Rufus K. Allerton, Jr . , 8 Leafy Lane, said he opposed the applica- • tion and wished also to register the opposition of his neighbors whom • he represented . They were • • Raymond T. Dawes, 6 Leafy Lane • L. J. Venerose, 10 Leafy Lane • Vincent Marinello, 7 Leafy Lane • • He said this is a single family zone and the fact that there are two- • family houses located there does not change that fact . He objects • to any more multiple family houses as a matter of principle . He said • they are now "fighting" the existence of a two-family house on Leafy Lane, and the object to any more violations . • Dr . Lawrence B. Hobson, 25 Echo Lane , objected to the application. He presented a letter dated February 23, 1955, signed by himself, stating that by unanimous vote , the Executive Committee of the Larchmont • Hills Civic Association, on February 22nd , voiced its opposition to the application of Mrs. Cocciolone . This organization feels that • any change should be made only as part of and in keeping with • the eventual over-all plans of the Planning Board . • • The letter was received and filed . • -210- V Dr . Hobson said he also wished to register Mr. A. G. Bogardus ' objections to this application. Mr. Bogardus lives at 17 Overlook Terrace . Dr. Hobson said their chief objection to this particular re-zoning is that it represents spot zoning at a time when the Planning Board is beginning to draw up plans for the Town. He feels that granting this application would only open the door to further down-zoning. Also the land immediately across from Baldwin Avenue is County land and may become available to the Town. Mr . Caesar Pitassy, 83 Edgewood Avenue, registered his opposition to the application on the same grounds as those given by Dr. Hobson. Mr. Julio Cocciolone, son of Mrs . Margaret Cocciolone, stated that he supported the application. The Board members announed that they had visited the property under discussion. The next application was that of Mrs . J. B. Evans for modification of Article II , Section 6 of the Zoning Ordinance as amended, to permit a garage to be less than 75 feet from Orchard Road, i .e . 51 . 5 feet, and less than 3 feet from the side and rear lot lines , i .e . 0 feet, on premises located at 40 Fernwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 470 . Mr . Evans appeared and submitted a plot plan. He said he hoped to use a stone enclosure which was on the property when they purchased the house, as part of the proposed garage. He needs to use his present garage, which is an attached garage, to create more living space in his home . He feels it will be an improvement to the property. There was no opposition to this application. Mr. Henry Thompson, 81 Garden Road, West, appeared and said he would have no objection . The Zoning Board members said they had inspected this property. The Board went into executive session and on motion duly made and • seconded, the following resolution was adopted : WHEREAS, Mrs . J. B. Evans has appealed to this Board for modi- fication of Article II , Section 6 of the Zoning Ordinance as amended , to permit a garage to be less than 75 feet from Orchard Road, i .e . 51 .5 feet, and less than 3 feet from the side and rear lot lines , i .e . 0 feet, on premises located at No . 40 Fernwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 470; and WHEREAS , this application has come on duly to be heard by this Board at its meeting held February 23 , 1955; and -211- WHEREAS, the members of this Board have inspected the property for which a variance is requested ; and WHEREAS, it appears that it would be an unnecessary hard- ship, to require applicant to comply with the strict provisions of the Ordinance and deny her the privilege of using existing walls as part of proposed detached garage ; and WHEREAS, all persons , either in favor of or against this applica- tion, have been heard , NOW, THEREFORE, BE IT RESOLVED that the appeal of Mrs . J. B. Evans be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting a garage to be less than 75 feet from Orchard Road, i .e . 51 .5 feet, and less than 3 feet from the side and rear lot lines, i .e . 0 feet , on premises located at No. 40 Fernwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 470, in accordance with plans filed with the Building Inspector, provided, however, that in all other respects, applicant comply with the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote on this resolution was recorded as follows : AYES : Mr. Burke Mr . Rigano Mr . Schuler Mr . Maggini NOES : None On motion duly made and seconded, it was unanimously RESOLVED that the application of Margaret E . Cocciolone for modification of Article II , Section 3 of the Zoning Ordinance as amended, to permit a 2-family dwelling in a' l-family area, on premises located at 24 Baldwin Avenue, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 126 Parcel 140, be and the same hereby is denied . A vote on this resolution was recorded as follows : AYES : Mr . Burke Mr. Rigano Mr. Schuler Mr . Maggini NOES : None -212- There being no further business to come before the Board, it ad- journed at 9:45 P. M. Secretary