HomeMy WebLinkAbout1956_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, 1956.
Announcement was made at the time and place of Stated Meeting that it
would be moved to the Council Room of the Weaver Street Firehouse,
Larchmont, N. Y. , where the meeting was held.
The Chairman called the meeting to order at 8 p. m.
PRESENT: A. E. Wullschleger, Chairman
George Schuler
Sydney D. Bierman
Robert L. Parsons
ABSENT: Laurence J. Sobel
ALSO PRESENT: Town Attorney Delius
Building Inspector McEvoy
APPROVAL OF MINUTES
On motion duly made and seconded, the minutes of the previous
meeting held January 25, 1956, were approved as presented.
NEW MEMBERS
Mr. Wullschleger said that he was honored to be reappointed
Chairman of the Zoning Board of Appeals. He welcomed Mr.
Sydney D. Bierman, and Mr. Robert L. Parsons, the new
members, and said he hoped the new Board will be a human
one and give the taxpayers a break.
APPOINTMENT OF ACTING CHAIRMAN
Upon recommendation and motion of Mr. Wullschleger, seconded
by Mr. Bierman, it was unanimously
RESOLVED that this Board recommend to the
Town Board the appointment of Mr. George Schuler
as Acting Chairman of the Zoning Board of Appeals
of the Town of Mamaroneck, in the absence of the
Chairman.
Secretary was directed to notify the Town Board of this action.
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RE - EXECUTIVE SESSION
Mr. Wullschleger stated it would be the
policy of this Board, beginning with this
meeting, that all decisions which in the
past were made in executive session, will
be made in public meeting.
In conjunction with this matter, the Town
Attorney advised that Board of a recent Court
decision making voting in executive session
illegal. Mr. Delius cited case, Re Blum,
effecting a determination made in executive
session by the Zoning Board of Appeals in
the Town of North Hempstead which was
reversed by the Supreme Court of Nassau
County.
APPELLANT - Ernst Aschner, 36 Barnum Road - Blk 211, Par. 336
SUBJECT - The application of Alfred Willis, as agent for
Ernst Aschner for modification of Article. III,
Section 9, to permit extension of present non
conforming set back rather than the required
30 feet.
APPEARANCES -
For Applicant - Mr. Alfred Willis, Architect, 132 Larchmont
Avenue, Larchmont, N. Y.
Mr. Willis stated that his client proposes to
build a garage with room and bath over the
same attached to a non conforming house
which is less than 30 feet from the street
line, as shown on filed plans.
By Communication - Mrs. Tessie Lasser,
letter dated Feb. 19, 1956, in which she
stated she has no objection to the planned
addition, provided new structure does not
go beyond the legal six-foot line of her
property.
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Mr. Bierman pointed out that part of the
application where hardship is stated had
not been filled out, and said this is of the
utmost importance, particularly if the case
is brought to court at some later date. He
added that in all future cases he would like
the record to show grounds upon which pe-
titioners base request for relief with hard-
ship claim clearly set forth.
For Opposition - None.
ACTION OF THE BOARD: Application granted.
THE VOTE: AFFIRMATIVE: Chairman Wullschleger,
Messrs. Bierman, Parsons, Schuler.
NEGATIVE: None.
ABSENT: Mr. Sobel.
THE RESOLUTION:
WHEREAS, Ernest Aschner (By Alfred Willis, Agent),
has filed an appeal from a decision of the Building
Inspector of the Town of Mamaroneck refusing a permit
for the construction of an addition to a dwelling on pre-
mises known as Block 211, Parcel 336, on the Assess-
ment Map of the Town of Mamaroneck, according to
certain plans filed with him; and
WHEREAS, Ernest Aschner (By Alfred Willis, Agent),
requests that because of practical difficulty and unne-
cessary hardship this Board grant a variance and over-
rule the decision of the Building Inspector; and
WHEREAS, this Board has viewed the property and
has examined the plans and other matters submitted
by the Appellant, and has heard all persons appear-
ing for or against the appeal,
NOW, THEREFORE, BE IT
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RESOLVED that the appeal of Ernest Aschner (By
Alfred Willis, Agent), from the decision of the Build-
ing Inspector refusing to issue a permit for the con
struction of an addition to a dwelling on premises known
as Block 211, Parcel 336, on the Tax Assessment Map
of the Town of Mamaroneck, be and it hereby is granted
upon grounds of practical difficulty and unnecessary hard-
ship by reason of:
It appears that the non conforming dwelling referred
to has no separate or attached garage.
It would be impractical to construct the garage
without the variance asked for.
All the other houses in the immediate neighbor-
hood have attached garages.
AND IT IS
FURTHER RESOLVED that the application of the pro-
visions of the Zoning Ordinance of the Town of Mamaroneck ,
i, e. , Article III, Section 9, Subdivision relating to the
construction of a building on premises on 36 Barnum Road,
Larchmont, N. Y. , and known as Block 211, Parcel 336,
on the Assessment Map of the Town of Mamaroneck be
varied and modified so as to allow the construction of
an addition to said dwelling, in accordance with the
plans filed with the Building Inspector on February 6,
1956, provided that the Appellant in all other respects
complies with the Zoning Ordinance and Building Code
of the Town of Mamaroneck,
AND IT IS
FURTHER RESOLVED that this decision be filed with the
Town Clerk as provided by Section 267 of the Town Law.
There being no further business to come before the meeting, it
adjourned at 8:45 P. M.
Fez z n -t 11_0
Secretary •
SUu
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