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HomeMy WebLinkAbout1958_01_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JAN- UARY 22, 1958, IN THE COURT ROOM OF THE MAMARONECK POLICE DEPARTMENT, 11 EDGEWOOD AVENUE, LARCHMONT. CALL TO ORDER The Chairman called the meeting to order at 8:00 p. m. PRESENT: Mr. A. E. Wullschleger, Chairman Mr. Sydney Bierman Mr. George Schuler ALSO PRESENT: Mr. Maurice Friedlander, Building Inspector & Town Engineer ABSENT: Mr. Robert Parsons Mr. Laurence Sobel APPROVAL OF MINUTES The minutes of the meeting of November 27, 1957, were approved as presented. HEARINGS The Secretary presented the affidavit of publication of notice of hearing as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on January 15, 1958. The Chairman, Mr. Wullschleger, then stated that since there were only three members of the Board present, any 11 176 l decision in favor of the application must be unanimous; Mr. Wullschleger ruled that if the decision were unfavorable the applicant could ask for an automatic reconsideration at the next meeting. Mr. Bierman took exception to this ruling and stated that if the applicant proceed with his application tonight, and the decision was determined adversely any reconsideration would have to be in accordance with the rules of the Board and could not be had automatically. The Chairman declared the hearing open and requested the Secretary to present the first application. APPLICATION #1 ----Dan H. Elkind The application of Dan H. Elkind, for modification of Article II, Section 4, subsection 12 of the Zoning Ordinance, as amended, so as to permit the premises located on the south side of the Post Road and the corner of Old Post Road and known as Block 412, Parcel 436, on the Tax Assessment Map of the Town of Mamaroneck, to be used as a Used Car Lot by a dealer, and the existing building to be used as an office, on the ground that Article II, Section 4, subsection 12 of the Zoning Ordinance of the Town of Mamaroneck provides that no building or premises shall be used for storage of used automobiles and trucks and parts thereof, and the owner has not been able to rent the property and the Cadillac Company is in dire need of space to display and sell their used cars. Mr. Wullschleger asked if anyone present wished to speak either for or against this application and the following persons were heard. For Appellant: Mr. William Cannella, 364 Post Road, Larchmont, N. Y. Mr. Cannella stated that he was the agent for Dan H. Elkind, and that since there were only three members of the Board present he would like the Public Hearing on this application adjourned to the next meeting of the Board. 177 This request was granted unanimously by the Board. The Chairman requested the Secretary to present the second application. APPLICATION #2---JANE ROGOW The application of Jane Rogow for modification of Article III, Section 9, as amended, of the Zoning Ordinance so as to permit the existing structure at 143 Palmer Avenue, Block 401, Parcel 102, on the Assessment Map of the Town of Mamaroneck having a rear yard of less thah 15% of the depth of the lot and a cubic content of less than 19, 000 cubic feet, to-wit, 17, 900 cubic feet on ground of unnec- essary hardship. The Chairman inquired whether anyone present wished to be heard either in favor of or in opposition to this application and the follow- ing persons were heard: For Appellant: Mr. Robert Rogow, 2295 Palmer Avenue, New Rochelle, N Y In Opposition: Mr. Harry Roth, 126 Carleon Avenue, Larchmont, N Y Mr. Rogow presented an amended plan for a proposed alteration of the existing building enlarging it so as to contain the required 19, 000 cubic feet. These plans were explained by Mr. Domoto, architecht for Mrs. Rogow, and Mr. Friedlander. The Board examined these plans and asked several questions concerning them. As a result the application was deemed amended to elim- inate the request for a variance as to cubic content. Mr. Bierman asked if Mrs. Rogow planned to occupy the house herself and was answered in the affirmative. He also asked if the Rogows intended to erect any additional buildings and was assured that they had no such thoughts. Mr. Harry Roth, vice-president of the Howell Park Association appeared in opposition to this application. The residents of Howell Park object to any variance in this area as they feel that it is a step toward down-zoning. Many houses in this area have 178 building which were formerly carriage houses or something simi- lar and that in the opinion of the Howell Park Association this was not a real hardship case. Mr. Bierman pointed out that hardship cases also include the facts of practical difficulty which apply in this case. The Chairman having ascertained that no one else wished to speak either in favor of or in opposition to this application declared the hearing closed. After some further discussion on motion by Mr. Schuler, seconded by Mr. Bierman, the following resolution was unanimously adopted: WHEREAS, Jane Rogow has filed an appeal from a decision of the Building Inspector of the Town of Mamaroneck, refusing a permit for an extension to an existing building having a rear yard of less than the required 15% depth of the lot on premises located at 143 Palmer Avenue, and known as Block 401, Parcel 102 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, Jane Rogow states that the structure was erected prior to 1910 and prior to the adoption of Article III, Section 9, of said Zoning Ordinance and to require structural changes now would work an undue hardship to Appellant; 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 Jane Rogow from the decision of the Building Inspector refusing the issuance of a permit for an exten- sion to an existing building on premises located at 143 Palmer Avenue, and known as Block 401 , Parcel 102 on the Tax Assess- ment Map of the Town of Mamaroneck, b granted 3 the ,kroun_d�s ,� (� of practical difficulty and unnecessary an which this Board ` ` finds exists; and it is FURTHER RESOLVED that Article III, Section 9 of the Zoning Ordinance, as amended, relating to Rear Yard requirements on premises located at 143 Palmer Avenue, and known as Block 401, Parcel 102 on the Tax Assessment Map of the Town of Mamaroneck 179 be varied and modified so as to allow the proposed alteration and extension of the existing building in strict accordance with the plans filed with this application on a lot having a rear yard of less than 15% of the depth of the lot, provided that the applicant complies in all other respects with the Zoning Ordi- nance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED that this variance is granted on con- dition that no additional structures may be erected on these premises so long as this variance is in effect; 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 9:00 p. m. to reconvene on Wednesday, February 26, 1958. ge, Secretary 180