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HomeMy WebLinkAbout1957_02_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD FEB- RUARY 27, 1957, IN THE COURT ROOM OF THE MAMARO- NECK POLICE DEPARTMENT, 11 EDGE WOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:00 p.m. PRESENT: Mr. A. E. Wullschleger, Chairman Mr. Sydney D. Bierman Mr. George Schuler Mr. Laurence J. Sobel ABSENT: Mr. Robert L. Parsons ALSO PRESENT: Mr. Friedlander, Building Inspector REAPPOINTMENT OF CHAIRMAN The Chairman presented a formal statement expressing his plea- sure at his reappointment as a member and Chairman of the Zon- ing Board of Appeals of the Town of Mamaroneck. APPROVAL OF MINUTES On motion duly made and seconded, the minutes of the meeting of January 23, 1957, were approved as presented. OLD BUSINESS CONSOLIDATED EDISON APPLICATION For the purpose of clearing the record, the Chairman re- quested the Board to act on the above application, post- poned at the meeting of January 9, 1957. r - Whereupon on motion by Mr. Bierman, seconded by Mr. Schuler, it was unanimously RESOLVED that the application of Consolidated Edison Company of New York, Inc. for modifi- cation of Article II, Section 3 of the Zoning Or- dinance, to permit the installation of transfor- mer-switchgear equipment for electric service on premises known as Block 104 - Parcel 119 on the Tax Assessment Map of the Town of Ma- maroneck, and located in an "AA" residential zone, is denied and the decision of the Building Inspector upheld on the ground that the appli- cant has failed to show any practical difficulty or unnecessary hardship. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. HEARINGS The Secretary presented the affidavit of publication of notice of hearing as published in the official newspaper of the Town of Ma- maroneck, The Daily Times, on February 21, 1957, and after the Chairman declared the hearing open, read the first applica- tion as follows: APPLICATION #1 - MORTON S. WOLFE, PREMIUM POINT ROAD, NEW ROCHELLE Application of Morton S. Wolfe for modification of Article II, Section 7 of the Zoning Ordinance, as amended, so as to al- low the construction of a two-car detached garage on premises known as Block 508 - Parcel 30 on the Tax Assessment Map of the Town of Mamaroneck, with a set back of less than 75 feet from the street, on the ground that there is practical difficulty and unnecessary hardship in conforming with the provisions of the Zoning Ordinance regarding set backs because of the con- struction of other improvements on the premises which will not permit the required 75 feet. The following persons were heard: r For Appellant: The Honorable Raymond J. McGovern, Attorney In opposition : None Mr. McGovern, attorney for the appellant, presented a new plot plan, prepared in accordance with the suggestions of this Board, showing the garage moved back to a line flush with that of the house and opening on the roadway, instead of the beach as previously planned, which was received and filed. He also pointed out that real hardship existed in that the present garage is completely useless at the times of peak tides being from three to four feet underwater, and ex- plained that there was practical difficulty in meeting the re- quired 75 foot set back from the street due to the unusual character of the road and to the location of the property. In view of these facts, Mr. McGovern requested the Board to grant this appeal, and after determination by the Chairman that no one else wished to address the Board either in favor of or in opposition to this application, upon motion by Chair- man Wullschleger, seconded by Mr. Sobel, the following resolution was unanimously adopted: WHEREAS, Morton S. Wolfe has filed an appeal from a decision of the Building Inspector of the Town of Mamar- oneck refusing a permit for the construction of a two- car detached garage on premises located on Premium Point Road, New Rochelle, and known as Block 508 - Parcel 30 on the Tax Assessment Map of the Town of Ma- maroneck; and WHEREAS, Morton S. Wolfe requests that because of practical difficulty and unnecessary 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 ex- amined the plans and other matters submitted by the appli- cant, and has heard all persons appearing for or against the appeal; NOW, THEREFORE, BE IT RESOLVED that the appeal of Morton S. Wolfe from the de- cision of the Building Inspector refusing the issuance of a permit for the construction of a two-car detached garage on premises located on Premium Point Road, New Rochelle, and known as Block 508 - Parcel 30 on the Tax Assessment Map of the Town of Mamaroneck, be granted on the grounds of practical difficulty and unnecessary hardship as recited in the application and which this Board finds exists; and it is FURTHER RESOLVED that the application of the provisions of the Zoning Ordinance of the Town of Mamaroneck, i. e. Article II, Section 7 of the Zoning Ordinance as amended, relating to the construction of a two-car detached garage on premises located on Premium Point Road, New Rochelle, and known as Block 508 - Parcel 30 on the Tax Assessment Map of the Town of Mamaroneck, be varied and modified so as to allow the construction of a two-car detached garage in accordance with the plan filed with the Building Inspector and with a set back of 45 feet from the road rather than the re- quired 75 feet, provided said garage is placed on a line flush with the present building and opens on the road, and further provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Ma- maroneck; and it is FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. APPLICATION #2 - MORTON S. WOLFE, PREMIUM POINT ROAD, NEW ROCHELLE At the request of the Chairman, the Secretary presented the second application as follows: Application of Morton S. Wolfe for modification of Ar- ticle II, Section 9 of the Zoning Ordinance as amended, for the construction of a cabana, or bath house on prem- ises known as Block 508 - Parcel 30 on the Tax Assess- ment Map of the Town of Mamaroneck, having a side yard of less than six (6) feet as required, on the ground that there is practical difficulty and unnecessary hardship in conforming with the provisions of the Zoning Ordinance because of the construction of other improvements on the premises which will not permit a six (6) foot side yard. At this time, Mr. Sobel addressed the Chairman stating that in I view of the fact that no changes were made in relation to the proposed cabana location or construction since the presenta- tion of the previous application, for the purpose of clarifica- tion, and in order to protect both the applicant and this Board, he would offer the following motion: RESOLVED that this Board, in accordance with Rule # 13 of the "Amended Rules and Regulations of the Zoning Board of Appeals of the Town of Mamaroneck as adopted on September 26, 1956", and in accor- dance with Section 267 of the Town Law, hereby grants permission for a re-hearing on the applica- tion of Morton S. Wolfe for the construction of a ca- bana with less than the required six (6) foot side yard. The foregoing resolution was made by Mr. Sobel, seconded by Mr. Bierman, and adopted by unanimous vote. The following persons were heard on the second application: For appellant: The Honorable Mr. McGovern In opposition: None Mr. McGovern stated that the property immediately adjoining that of Mr. Wolfe to the east is a quasi-private beach used by domestics residing on the Point, and pointed out that the re- quested cabana would serve as a screen between his client's property and this beach and would be advantageous to both. He further stated that the improvements on the property, both existing and proposed, caused hardship and practical difficulty in meeting the 6-foot side yard requirement as the property af- forded no other location on which to erect the cabana. Mr. McGovern further advised that there was no objection on the part of the Premium Point Park Association to the erection of the proposed cabana nor to its use as such as long as the ad- joining property continued to be used as a beach, and he stated that a written statement to this effect, signed by the Directors of said Association, would be submitted to the Building Inspector. Upon determining that no one else wished to be heard either for or against this application, on motion by Chairman Wullschleger, seconded by Mr. Schuler, the following resolution was unani- mously adopted: _1 WHEREAS, Morton S. Wolfe has filed an appeal from a decision of the Building Inspector of the Town of Mamaroneck refusing a permit for the construction of a cabana on premises located on Premium Point Road, New Rochelle, and known as Block 508 - Parcel 30 on the Tax Assessment Map of the Town of Mamaroneck, and WHEREAS, Morton S. Wolfe requests that because of practical difficulty and unnecessary 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 applicant, and has heard all persons appearing for or against the appeal; NOW, THEREFORE, BE IT RESOLVED that the appeal of Morton S. Wolfe from the decision of the Building Inspector refusing the issuance of a permit for the construction of a cabana on premises located on Premium Point Road, New Rochelle, and known as Block 508 - Parcel 30 on the Tax Assessment Map of the Town of Mamaroneck, be granted on the grounds of practical difficulty and unnecessary hardship as recited in the application and which this Board finds exists; and it is FURTHER RESOLVED that the application of the provi- sions of the Zoning Ordinance of the Town of Mamaro- neck, i. e. Article II, Section 9 of the Zoning Ordinance as amended, relating to the construction of a cabana on premises located on Premium Point Road, New Rochelle, and known as Block 508 - Parcel 30 on the Tax Assess- ment Map of the Town of Mamaroneck, be varied and modified so as to allow the construction of a cabana in ac- cordance with the plan filed with the Building Inspector, and with no side yard set back rather than the required six (6) foot side yard set back, and provided that the ap- plicant complies in all other respects with the Zoning Or- dinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED that this variance shall be granted only subject to the following conditions: (1) That a written statement of consent, signed by the Premium Point Park Association, to the erection of the cabana structure as shown on the plot plan filed with the Building Inspector, be submitted and filed with the Building Inspector prior to the issuance of a Building Permit. (2) That the variance be valid and effective only as long as the property lying to the east and adjacent to the subject property continues to be used as a beach. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. APPLICATION #3 - IDA H. WOOD & ANOTHER, 616 THIRD STREET, ANNAPOLIS, MARYLAND At the request of the Chairman, the Secretary presented the third application as follows: Application of Ida H. Wood & Another for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit the erection of a one-family dwelling with: 1. Plot size of approximately 13, 000 square feet rather than the required 15, 000 square feet in an "AA" residential zone. 2. Front set back of 30 feet rather than the required 40 feet in an "AA" residential zone. on premises known as Block 106 - part of Parcel 562 and all of 570 on the Tax Assessment Map of the Town of Ma- maroneck, located in an "AA" residential zone, on the ground that there is practical difficulty and unnecessary hardship in conforming with the provisions of the Zoning Ordinance, because of amendment of the Ordinance in 1950. The following persons were heard: For appellant: Mr. Richard Wood (Husband of applicant) In opposition: None Mr. Wood appeared for the appellant and stated that there was both practical difficulty and unnecessary hardship in meeting the provisions of the Zoning Ordinance as amen- ded since when this property was developed some twenty years ago, the set back restriction called for 30 feet from the street and the plot area for 13, 000 square feet, which in the 1950 amendment to the Zoning Ordinance was changed to require a 40 foot set back from the street and a plot area of 15, 000 square feet, which were very diffi- cult to meet due to the general topography of the property. Therefore, on these grounds, he requested relief from the plot size and set back from the street provisions as re- quired in an "AA" zone, and he advised that there were no objections to the granting of this requested relief from any of the neighboring property owners either in regard to the plot size or the set back restriction. Mr. Wood further stated that the houses were all set back 30 feet from the street rather than the required 40 feet. The Chairman inquired whether anyone else wished to be heard either for or against this application, and since no one did, on motion by Mr. Schuler, seconded by Mr. Sobel, the following resolution was unanimously adopted: WHEREAS, Ida H. Wood has filed an appeal from a decision of the Building Inspector of the Town of Ma- maroneck refusing a permit for the construction of a one-family dwelling on premises located on the east side of Briar Close and known as Block 106 - part of Parcel 562 and all of 570 on the Tax As- sessment Map of the Town of Mamaroneck, which property is located in an "AA" residential zone; and WHEREAS, Ida H. Wood requests that because of practical difficulty and unnecessary 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 applicant, and has heard all persons appearing for or against the appeal; NOW, THEREFORE, BE IT RESOLVED that the appeal of Ida H. Wood from the deci- sion of the Building Inspector refusing the issuance of a permit for the construction of a one-family dwelling on premises located on the east side of Briar Close and known as Block 106 - part of Parcel 562 and all of 570 on the Tax Assessment Map of the Town of Mamaroneck, which property is in an "AA" residential zone, be granted on the grounds of practical difficulty and unneces- sary hardship as recited in the application and which this Board finds exists; and it is FURTHER RESOLVED that the application of the provi- sions of the Zoning Ordinance of the Town of Mamaroneck, i. e. Article III, Section 9 of the Zoning Ordinance as amended, relating to the construction of a one-family dwel- ling on premises located on the east side of Briar Close and known as Block 106 - part of Parcel 562 and all of 570 on the Tax Assessment Map of the Town of Mamaroneck, which property is in an "AA" residential zone, be varied and mod- ified so as to allow the construction of a one-familydwelling el ing in accordance with the plan filed with the Building Inspector, and having a plot area of approximately 13, 000 square feet rather than the required 15, 000 square feet and a set back of 30 feet from the street rather than the required 40 feet from the street in an "AA" residential zone, and provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaro- neck; and it is FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. APPLICATION #4 - ANTONIO GARAFALO, 24 WEAVER STREET LARCHMONT At the request of the Chairman, the Secretary read the fourth application as follows: Application of Antonio Garafalo for modification of Ar- ticle II, Section 7 of the Zoning Ordinance as amended, to permit the erection of a three-car garage on prem- ises known as Block 410 - Parcel 429 on the Tax As- sessment Map of the Town of Mamaroneck, with a set back from the front property line of sixty-four (64) feet rather than the required seventy-five (75) foot set back, on the ground that there is practical difficulty and unnecessary hardship in conforming with the pro- visions of the Zoning Ordinance regarding set backs because of the construction of other improvements on the premises which will not permit the required 75 feet. The following persons were heard: For applicant: Mr. Alfred Willis, Architect In opposition: None Mr. Willis, architect for the applicant, addressed the Board explaining that the present improvements on the property, the size and shape of the property, and the location of the adjacent property owned and used by the Hory Chevrolet Company as a parking area, caused practical difficulty and unnecessary hard- ship in conforming with the required 75 foot set back for a de- tached garage and sought relief so as to allow the proposed construction of this new garage in order to replace the old shed presently existing and now in a state of collapse, with a set back of 64 feet from the street rather than the required 75 feet, in order to provide space for turning on the apron of the drive- way at the entrance of the proposed garage. During the discussion and questioning by the members of the Board in connection with this application, Mr. Bierman, ex- plaining that he had not had an opportunity to view the site, made the following motion: RESOLVED that action on this application be deferred until after inspection of the site. There was no second to this motion and the Chairman, stating that he did not feel it necessary to defer this action, upon ascer- taining that no one else wished to be heard either for or against the application, suggested that the Board take action at this time. Whereupon, on motion by Chairman Wullschleger, seconded by Mr. Schuler, the following resolution was adopted: WHEREAS, Antonio Garafalo has filed an appeal from a decision of the Building Inspector of the Town of Ma- maroneck refusing a permit for the construction of a three -car garage on premises located at 24 Weaver Street and known as Block 410 - Parcel 429 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, Antonio Garafalo requests that because of practical difficulty and unnecessary hardship, this Board grant a variance and over-rule the decision of the Building Inspector; and WHEREAS, this Board has examined the plans and other matters submitted by the applicant, and has heard all persons appearing for or against the appeal; NOW, THEREFORE, BE IT RESOLVED that the appeal of Antonio Garafalo from the decision of the Building Inspector refusing the issuance of a permit for the construction of a three-car garage on premises located at 24 Weaver Street and known as Block 410 - Parcel 429 on the Tax Assessment Map of the Town of Mamaroneck, be granted on the grounds of practical difficulty and unnecessary hardship as recited in the ap- plication and which this Board finds exists; and it is FURTHER RESOLVED that the application of the provi- sions of the Zoning Ordinance of the Town of Mamaroneck, i. e. Article II, Section 7 of the Zoning Ordinance as amen- ded, relating to the construction of a three-car garage on premises located at 24 Weaver Street and known as Block 410 - Parcel 429 on the Tax Assessment Map of the Town of Mamaroneck, be varied and modified so as to allow the construction of a three-car garage in accordance with the plan filed with the Building Inspector and having a set back of 64 feet from the street rather than the required 75 feet, provided that the applicant complies in all other respects 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. The vote on the foregoing resolution was as follows: Chairman Wullschleger - Aye Mr. Schuler - Aye Mr. Sobel - Aye Mr. Bierman - Abstaining from voting (Mr. Bierman requested that the record state that he was abstaining from voting on the fore- going resolution and that he took an exception to the Chairman's procedure in not having a vote taken on his motion to defer a decision on this application in view of the fact that not all members of the Board had had an oppor- tunity to inspect the site. Mr. Bierman, for one, had not viewed this property. ) APPLICATION #5 - CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. At the request of the Chairman, the Secretary presented the fifth application as follows: Application of Consolidated Edison Company of New York, Inc. for modification of Article II, Section 3 of the Zoning Ordinance, to permit the installation of transformer-switchgear equipment for electric service on premises known as Block 104 - Parcel 119 on the Tax Assessment Map of the Town of Ma- maroneck, located in an "AA" residential zone, on the ground that there is practical difficulty and un- necessary hardship in conforming with the provi- sions of the Zoning Ordinance, such installation be- ing necessary and essential to accommodate the growing electrical load in the vicinity. The following persons were heard: For applicant: Mr. Arthur H. Blackburn (Attorney for Con Edison) Mr. George Straub (Resident of the area ) Mr. Frank Griffen (representing the Board of Trustees of the Village of Larchmont) In opposition: None Mr. Blackburn submitted a new plan as prepared in accordance with the requests and suggestions made at the inspection of the site by the members of this Board, the Building Inspector, and representatives of the Consolidated Edison Company, on Febru- ary 16th, which plan was received and filed with the Secretary. Mr. Blackburn also spoke of the need for a new transformer- switchgear equipment installation in this location which is most necessary in order to properly supply the residents of the Town of Mamaroneck with light and power which is furnished by his company as is clearly set forth and attested to in the communi- cation addressed to this Board by Mr. G. R. Hadden, Vice Pres- ident of the Consolidated Edison Company, under date of Febru- ary 20, 1957, which letter was filed with the Secretary at this time as part of the record. Mr. Blackburn further stated that it was not possible to obtain any other property on which to build this installation and ad- vised that residents of the neighboring area, who had attended the previous hearing in protest to the installation in the first lo- cation proposed, were now in agreement in not objecting to the installation located as now proposed, provided need for such in- stallation was shown. Mr. Straub, a resident of this area who was present, attested to this. During the ensuing discussion, Mr. Schuler inquired as to whether the Village of Larchmont had approved this installation and Mr. Griffen, as representative for that Village Board of Trustees, replied to the effect that there was no objection to the present plan provided there was adequate landscaping, that is landscaping which would provide a shield between the instal- lation and the adjoining properties, perhaps similar to the land- scaping provided and maintained on the Consolidated Edison in- stallation located on the corner of Nassau Road and the Boston Post Road. The question of access to the property for the necessary equipment was raised by Mr. Sobel, but since this was not the responsibility of this Board, it was deemed that this should be left to the Village of Larchmont and the Consoli- dated Edison Company. Mrr. Bierman then raised the question of this installation be- ing an attractive nuisance to children and the possible danger involved and inquired as to the height of the fence surrounding such installation. Mr. Blackburn advised that the fence would be the usual 5-foot height and stated that there was absolutely no danger involved concerning children as there was no ex- posure of any kind in connection with this installation. Mr. Bierman then checked to be certain that the new plan as filed showed proper location of the installation as had been proposed and that the map was so amended, and after the Chair- man ascertained that no one else wished to be heard either for or against the application, upon motion by Mr. Bierman, sec- onded by Mr. Sobel, the following resolution was unanimously adopted: WHEREAS, Consolidated Edison Company of New York, Inc. has filed an appeal from a decision of the Building Inspector of the Town of Mamaroneck refusing a permit for the construction of transformer-switchgear equip- ment for electric service on premises located on the west side of Weaver Street at Sheldrake Avenue, north of Bonnie Way at the bridge, and known as Block 104 - Parcel 119 on the Tax Assessment Map of the Town of Mamaroneck, which property is located in an "AA" residential zone; and WHEREAS, Consolidated Edison Company of New York, Inc. requests that because of practical difficulty and un- necessary 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 applicant, and has heard all persons appearing for or against the appeal; NOW, THEREFORE, BE IT 1 RESOLVED that the appeal of Consolidated Edison Company of New York, Inc. from the decision of the Building Inspector refusing the issuance of a permit for the construction of transformer-switch- gear equipment for electric service on premises located on the west side of Weaver Street at Shel- drake Avenue, north of Bonnie Way at the bridge, and known as Block 104 - Parcel 119 on the Tax Assessment Map of the Town of Mamaroneck, which property is located in an "AA" residential zone, be granted on the grounds of practical diffi- culty and unnecessary hardship as recited in the application and which this Board finds exists; and it is FURTHER RESOLVED that the application of the provisions of the Zoning Ordinance of the Town of Mamaroneck, i. e. Article II, Section 3 of the Zon- ing Ordinance, relating to the construction of transformer- switchgear equipment for electric service on premises located on the west side of Weaver Street at Sheldrake Avenue, north of Bon- nie Way at the bridge, and known as Block 104 - Parcel 119 on the Tax Assessment Map of the Town of Mamaroneck, which property is located in an "AA" residential zone, be varied and modified so as to allow the construction of transformer-switchgear equipment for electric service provided the appli- cant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamar- oneck, and further provided that adequate land- scaping is provided and maintained to form a shield between the installation and the adjoining properties, which landscaping shall be approved by both the Building Inspectors of the Town of Mamaroneck and the Village of Larchmont, and shall be of the same type as that provided by Consolidated Edison Com- pany of New York, Inc. at that company's installa- tion located on the corner of Nassau Road and Bos- ton Post Road; and it is FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this meeting, it was adjourned at 9:30 p. m. , to reconvene on the fourth Wednesday of March, March 27, 1957. • ' h4u a ))-1� ,�, , sr�� Secretary m (7....6k.q 132