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HomeMy WebLinkAbout1954_02_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMAROVECK, HELD FEBRUARY 24, 1954, IN THE COURT ROOM OF THE MAMARO- NECK TOWN POLICE DEPARTMENT, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. Mr. Wullschleger called the meeting to order at 8 P. M. PRESENT: Mr. Wullschleger, Chairman Mr. Rigano Mr. Schuler ABSENT: Mr. Burke • Mr. Maggini • Presence was also noted of Mr. Delius, Town Attorney, Mr. McEvoy, Build- ing Inspector, and Mrs. Barnes, Clerk to the Board and Recording Secre- tary. On motion duly made and seconded, the minutes of the previous meeting, • held January 27, 1954, were approved as presented. • The first application before the Board was that of John Irwin Dugan for modification of Article II, Section 3 of the Zoning Ordinance, to permit • parking of private automobiles of tenants of Stonecrest Apartments, in accordance with lease for one year, beginning February 1, 1954, from • Westchester County Park Commission to John Irwin Dugan, on premises located on the south side of Chatsworth Avenue and east side of proposed • Jefferson Street, known on the Tax Assessment Map of the Town of Mamaro- neck as Block 133, part of Parcel 299. Mr. Dugan appeared in his own behalf and submitted a chart prepared by • the County Parkway Commission. He asked that this be substituted for the pencil sketch he had submitted to the Building Inspector with his • application. He also submitted a petition signed by 24 tenants of Stonecrest Apartments requesting that the Board give favorable con- • sideration to the application for Use Variance covering the area now used for parking on the west side of the Stonecrest Apartment Building . Mr. Joseph C. Goodman, representing the owners of Unit B, Chatsworth Gardens, said he would oppose the application because he had made a similar application in 1952 for property in the immediate neighborhood, which had been denied. Mr. Wullschleger suggested that his remedy would be to file a new appli- • cation. • Mr. Goodman then withdrew his objection and said he considered it would be a very fine thing to get the cars off the streets. Mr. Dugan said there are 30 residents of the Stone Crest Apartments • who have no place to park. He has lived in that apartment for 7 years. • He has a lease on the property for one year with a 90 days cancellation clause. The charges are fixed by the County, according to Mr. Dugan, • and are enough to carry necessary insurance and supervision. -1b0- Mr. Nicholas Leone Murray Avenue, said he would object to the parking area if there is to be a charge for parking. Mr. Julian Bers, 9 Lafayette Road, made no objection. Tne Board next took up the application of Josepn Pittera for modification of Article II, Sections 3 and 6, to allow construction of garage to house one private automobile and provide screened porch above garage, to be set back less than 30 feet from street line, i.e. 26 feet, in connection with a non-conforming building located at 30 Lester Place, known on the , Tax Assessment Map as Block 130 Parcels 128 and 133. Mrs. John Longhi, Mr. Pitterafs daughter represented Mr. Pittera who was ill. There was no opposition to this application. The last application was that of Josepn Piampiano for modification of Article II, Section 4 of the Zoning Ordinance, to permit installation of an Archery Range on premises located at 1205 West Boston Post Road, Mamaroneck, N. Y., known on the Tax Assessment Map of the Town of Mamaroneck as Block 412, Parcel 436. Mr. Edmund J . Miller represented Mr: Josepn Piampiano who was also present. Mr. Miller said the construction of an archery range will not necessitate any blasting. It will be located in the business area and he thinks it will be a good thing for the teenagers in the Town. He said it is necessary for them to do something to meet the competition of other custard stands and be able to pay taxes on the property. Mr. Otto Schuitel, 3 Rockridge Road, Mrs. Arthur D. Greenleigh, 24 Rock- ridge Road, Mr. James S. Lowry, 8 Rockridge Road, and Mr. M. N. de Noyelles, 22 Rockridge Road, registered objection to the application. Mr. de Noyelles said he feels there is grave danger that that area may become a low class amusement center. He urged the Board to consider carefully before granting an application whicn would foster the growth of this amusement area and wished to go on record as opposing it most strongly. Mr. Piampiano said when they purchased the property, the owners would not subdivide it and they had been obliged to purchase the entire plot. Mr. John Brois submitted a water color sketch of the proposed range and said he felt it would be an asset to the community. Mr. Budd Berdick, who coaches children in archery, said he feels it is a splendid sport for boys and girls when there is supervision. After some further discussion, the Board went into executive session and considered the applications. First considered was the application of Mr. Dugan and it was agreed that this would be put over until the meeting of March 24th. Next was the application of Mr. Pittera and on motion duly made and seconded, the following resolution was adopted: -161- V. WHEREAS, Joseph Pittera has appealed to this Board for modifica- tion of Article II, Sections 3 and 6 of the Zoning Ordinance to allow con- struction of garage to House one private automobile and provide screened porch above garage, to be set back less than 30 feet from street line, i.e. 26 feet, in connection with a nonconforming building located at 30 Lester Place, known on the Tax Assessment Map as Block 130, Parcels 128 and 133; and WHEREAS, this application has come on duly to be heard by this Board at its regular meeting, held February 24, 1954; and WHEREAS, it appears tnat it would be an unnecessary hardship, because of the character of the property and the neighborhood, to require the applicant to comply with the strict provisions of the Ordinance; 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 Joseph Pittera be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting the con- struction of garage to house one private automobile and provide screened porch above garage, to be set back less than 30 feet from street line, i.e. 26 feet, in connec- tion with a nonconforming building located at 30 Lester Place, known on the Tax Assessment Map as Block 130, Parcels 128 and 133, in accordance with plans and speci- fications filed in connection with this application, provided, however, tnat in all other respects applicant comply with the provisions of the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote recorded on tnis resolution was as follows: AYES: Mr. Wullschleger Mr. Schuler Mr. Rigano NOES: one f The Board now took up the application of Josepn Piampiano and on motion duly made and seconded, the following resolution was adopted: WHEREAS, Joseph Piampiano has appealed to this Board for modifi- cation of Article II, Section 4 of the Zoning Ordinance, to permit installa tion of an Archery Range on premises located at 1205 West Boston Post Road, Mamaroneck, N. Y . , known on the Tax Assessment Map of the Town of Mamaroneck as Block 412, Parcel 436; and -162- WHEREAS, this application has come on duly to be heard by this Board at its regular meeting, held February 24, 1954; and WnEREAS, it appears that the applicant has shown no unnecessary hardship in his application; and WHEREAS, all persons, either in favor of or against this applica- tion, have been heard, NOW, ThEREFORE, BE IT RESOLVED that the application of Josepn Piampiano for modification of Article II, Section 4 of the Zoning Ordinance, to permit installation of an Archery Range on premises located at 1205 West Boston Post Road, Mamaroneck, N. Y., known on the Tax Assessment Map of the Town of Mamaroneck as Block 412, Parcel 436, be and the same hereby is denied on the ground that the applicant has failed to show unnecessary hardship or practical difficulty in abiding by the provisions of the Ordinance. The vote recorded on the resolution was as follows: AYES: Mr. jullschleger Mr. Rigano Mr. Schuler NOES: bone There being no further business to come before the meeting, it adjourned at 9 P. M. Secretary i • -163-