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HomeMy WebLinkAbout1951_02_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD FEBRUARY 28th, 1951, IN THE BOARD ROOM AT 11 EDGE- WOOD AVENUE, TOWN OF MAMARONECK. PRESENT: Mr. Wullschleger, Chairman Mr. Brush Mr. Rigano ABSENT: Mr. Burke Presence was also noted of Building Inspector, Mr. Thomas J . McEvoy. The Chairman called the meeting to order at 8 P . M. On motion duly made and seconded, the minutes of the previous meeting, held January 24th, were approved as presented. Mr. Wullschleger said that since the last meeting of this Board, one of. the members, Mr. Henry W. Butterfield, had submitted his resignation as he was moving away from Larchmont, and he, therefore, would like to pro- pose a resolution of regret. Upon motion duly made and seconded, it was unanimously • RESOLVED that this Board accepts with great regret the resignation of Mr. Henry W. Butterfield who has so ably served as a member for approximately two years. His wise counsel and good judgment have been a great help to his associates. The Board extends to him, best wishes in his new business as he leaves the Town. Mr. Wullschleger said he would also like to recommend a resolution regretting that Mr. Foote is no longer Building Inspector, and upon motion duly made and seconded, it was unanimously RESOLVED that Mr. A. J . Foote, as Building Inspector of the Town of Mamaroneck since 1946, has served this Board with great ability. His technical and practical knowledge and his tireless devotion to the work of this Board will be remembered with thanks. This Board extends to him every good wish for success in his new duties as Town Engineer, Superintendent of Highways, etc. Mr. Wullschleger read the first application before the Board which was that of Carl Guglielmo for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit the construction of a one- family residence on premises on the north side of Beresford Lane, 248 feet from Avon Road, known on the Tax Assessment Map of the Town of Mamaroneck as Block 206, Parcel 363, with a front set-back of 30 feet instead of 40 feet as required by the Ordinance in an AA zone. The applicant was represented by his son, Mr. Carl Guglielmo, Jr. , and Mr. Viggo Borgen, a real estate broker with an office at 159 Larchmont Avenue, Larchmont. Mr. James B. Morris, 50 Garden Road, Town, appeared and informed the Board that he is presently under contract to sell this property to Mr. Guglielmo and, therefore, has an interest in the application. He ex- plained that Beresford Lane as originally laid out, was 50 feet wide, but inasmuch as the sidewalk has never been laid, the existing road is 30 feet in width, leaving a 10 foot strip between the street line and the property line in all cases. Mr. McEvoy submitted a map sketch of Beresford Lane, which he had made, showing the property in question as well as the house next to it, which house is back from the street line 33 feet. • The Clerk stated that the application had been duly published. Mr. J . N . Heed, 4 Beresford Lane, representing the surrounding property owners, said he is in favor of the application if the house could be kept back 33 feet from the street line, in line with the house next to it. He said if the 40 foot set-back were carried out here, the back yards would be out of character with the neighborhood. As a consequence, he said, the neighbors felt that the Ridge would benefit from an approximate 30 foot set-back. Mr. Wullschleger said that it is the desire of the Zoning Board to help the builder, the taxpayer and the Town. There was no opposition to this application. The next application before the Board was that of Charles G . Williams, for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit the construction of a one-family residence on premises on the east side of Beresford Lane, 400 feet south from Avon Road, known on the Tax Assessment Map of the Town of Mamaroneck as Block 206, part of Parcel 208 and 379, with a front set-back of 30 feet instead of 40 feet and a street frontage of 48.97 feet instead of 50 feet on a street having a curve with a radius of 150 feet or less, as required by the Ordinance in an AA Zone. Mr. Williams appeared in behalf of the application. The Clerk stated that the application had been duly published. Mr. Heed appeared also in this application and said he would have no objection as he believes it preserves the character of the neighborhood. Mr. McEvoy again submitted his map sketch of the area. There was no opposition to this application. *# * -20- a Mr. Alfred Willis, 132 Larchmont Avenue, an architect, appeared before the Board in behalf of Dayhar Realty Corporation, whicn corporation re- ceived a variance from this Board on September 15th, 1948, providing in part as follows: "**********provided that any structural addition hereafter made upon such part of said premises, shall be subject to the approval of the Board of Appeals #### *" After discussion, it was decided to reserve decision on this matter until the Board views the property. ***### The Board then went into executive session and after discussion, the following resolution was adopted: WHEREAS, Carl Guglielmo has taken an appeal from a decision of the Building Inspector denying a building permit for the erection of a building on premises known as Block 206, Parcel 363 in accordance with plans and specifications submitted to the Building Inspector, and it appears that the Building Inspector has denied the granting of such permit for the reason that the building, according to the plot plan submitted, is not in conformity with Article III, Section 9 of the Zoning Ordinance; and WHEREAS, examination of said plot plan indicates that there are practical difficulties and unnecessary hardship in the improvement of the property known as Block 206, Parcel 363 because of the fact that the lot or plot is in part rocky, with a grade at the rear, making it impractical to set the building back 40 feet from the street line, and also because a 40 foot set-back would necessarily make the rear yard out of character with the neighborhood, NOW, THEREFORE, BE IT RESOLVED that the said appeal from the determination of the Building Inspector be allowed and the determination of the Building Inspector reversed and he be and hereby is directed to issue to the applicant, a building permit for the erection of a dwelling upon said premises in accordance with the plot plan submitted, which shall have a set-back of not less than 33 feet from Beresford Lane, provided that in all other respects, the applicant abide by the provisions of said Ordinance and the Building Code of the Town of Mamaroneck. A vote taken on this resulted as follows: AYES: Mr. Wullschleger Mr. Rigano Mr. Brush NOES: None -21- After further discussion, the following resolution was adopted: WHEREAS, Charles G. Williams has taken an appeal from a decision of the Building Inspector denying a building permit for the erection of a building on premises known as Block 206, part of Parcel 208 and 379, in accordance with plans and specifications submitted to the Build, ing Inspector, and it appears that the Building Inspector has denied the granting of such permit for the reason that the building, according to the plot plan submitted, is not in conformity with Article III, Section 9 of the Zoning Ordinance, which requires in the case of said plot or lot, a set-back of 40 feet from the front street line on a road or street dedicated to public use and a street frontage of 50 feet on a street having a curve with a radius of 150 feet or less; and WHEREAS, it now appears from an examination of the plot and the surrounding properties that there is unnecessary hardship in consturc- ting said building with a set-back of more than 30 feet from the front street line, owing to the comparatively small area of the rear yard of this property, and that said plot has a street frontage of 48.97 feet instead of 50 feet as required on a street having a curve with a radius of 150 feet or less as required by the Ordinance in an AA Zone, NOW, THEREFORE, BE IT RESOLVED that said appeal from the determination of the Building Inspector be allowed and the determination of the Building Inspector reversed and he hereby is directed to issue to the applicant, a building permit for the erection of a dwelling upon said premises in accordance with the plot plan submitted, which shall have a set-back of not less than 30 feet from Beresford Lane, and a front- age of not less than 48.97 feet, provided that in all other respects, the applicant abide by the provisions of said Ordinance and the Building Code of the Town of Mamaroneck. A vote taken on this resulted as follows: AYES: Mr. Wullschleger Mr. Rigano Mr. Brush NOES: None There being no further business, the Board adjourned at 9: 30 P . M. Secretary -22- 1