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HomeMy WebLinkAbout1950_01_25 Zoning Board of Appeals Minutes MINUTES OF A MEETING OF THE ZONING BOARD OF APPEALS OF THE T0WN OF MAMARONECK, HELD JANUARY 25th, 1950, IN THE BOARD ROOM AT 11 EDGE- WOOD AVENUE, LARCHMONT, N. Y. The meeting was called to order at 8 P. M. PRESENT: Mr. Burchell, Chairman Mr. Wullschleger Mr. Waterman Mr. Mink s ABSENT: Mr. Quinn The minutes of the previous meeting, held January 12th, were approved as submitted. Mr. Alfred Willis appeared before the Board representing Mr. Thomas Carrino, and wished to know the Board' s attitude on a modification of his application for a variance. He was informed that he would have to submit his amended application to the Board. Mr. Willis had written a letter to the Board of Appeals, dated January 19th, 1950, which read as follows: January 19, 1950 Board of Appeals Town of Mamaroneck 158 West Boston Post Road Mamaroneck, New York Attention: Mr. George D. Burchell Chairman Gentlemen: I have received the letter of your Board denying the applicatio of Mr. Thomas Carrino to make improvements at the house on Lester Place, Block 130, Parcel 575 . I am sorry that your Board did not see your way clear to grant him the variance. Mr. Carrino now would like to modify his application and roof over the present porch at the first floor and use as a covered porch. I am asking the Board for their views on this application before I make application for a permit. Very truly yours, Alfred Willis /s Next the Board considered the application of Carl Guglielmo (James B. Mooris) which had been considered on two previous occasio s, namely December 28th, 1949 and January 12th, 1950. 39. A the Mr. Brill, attorney, stated that he wished/ta record to note that the appeal of hardship is made upon the practical difficulty of conforming that particular piece of property to the existing 40 foot set-back, having reference to the slight curvature of the road at that point. Otherwise, the building is set back the necessary 40 feet. Mr. Brill went on to say, "Also I would like to say that consis- tent with my letter to Mr. Burchell, -and I felt there was some necessity in wirting that letter because of the impression which might have been created before your Board which may have implied that there was some understanding between the parties to split up the plots to bring a more desirable situation with regard to the other owners - Mr. Morris has a definite contract with Mr. Guglielmo and he must deliver in accordance with the terms of that contract and, therefore, there can be no change. That should be the subject of some other application at some future date. What we are asking here has reference only to Plot 3. We are asking for the variance as applied for in the application. There has been no deal made here with reference to splitting up soneone else' s plot." Mr. John Sharbough, Mr. Jack Heed, Mr. Richard Fisk and Mr. L. S. Sparrel appeared, Mr. Sharbough said the Board knew his posi- tion and that of his neighbors, and he felt that anything further he might say would merely be repetitious. Mr. Waterman and Mr. Brill discussed the cases cited in the brief which Mr. Brill had submitted at the hearing of January 12th. The Chairman stated that the Board would further consider the facts and make its decision. Mr. Renato DeVito, 980 Louise Avenue, Mamaroneck, appeared before the board in connection with the application of Mr. Thomas Scappaticci, which application had been before the Board at its meeting of Novem- ber 23rd. The Board deferred action on this application to Five Mr. Scappaticci an opportunity to file an amended application. ************* Under the head of new business, the first application before the Board was that of Mr. Frank Casciaro for modification of Article • II, Section 7 as amended June 4, 1947, to permit the erection of a 2-car garage within 75 feet of Myrtle Avenue, to wit, 70 feet, and within 30 feet of Wood Street, to wit, 26 feet, in connection with premises on the northeast corner of Wood Street and Myrtle Avenue known on the Tax Assessment Map of the Town of Mamaroneck as Block 125, Parcel 224. Mr. Casciaro appeared in behalf of the application and there was no opposition. 60 4 The Clerk stated that the application had been duly advertised. Mr. Casciaro was informed that he would be notified of the Board' s decision. The next application before the Board was that of Mr. Frank Casciaro for modification of Article III, Section 9 of the Zoning Ordinance to permit the erection of a private dwelling within 40 feet of the front street line, on the south side of Oxford Road, 107 feet west from Mohegan Road, known on the Tax Assessment Map as Block 208, Parcel 155 . Mr. Heed, Mr. Fisk, Mr. Sharbough and Mr. Sparrel appeared in this matter. Mr. Sharbough said he was sympathetic toward the request, and while he thought it was "too bad that people g,o ahead and dig excavations before they learn the rules", he had no objection. Mr. Fisk said he had seen the plans and "it looks like a beautiful house" . He said that he too was sympathetic toward the applica- tion. Mr. Sparrel said he would "second" what Mr. Fisk had said. ************ The Board then went into executive ession. The Board first considered the application of Carl Guglielmo and upon motion duly made and seconded, the following resolution was adopted: WHEREAS, Carl Guglielmo has taken an appeal from a. decision of the Building Inspector denying a b ilding permit for the erection of a building on ;remises known as Block 206, Parcel 389 in accor- dance 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, accor- ding 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 minimum area of 15,000 square feet per plot and a set-back of 40 feet from the front street line on a road or street dedicated to public use; and WHEREAS, this Board, pursuant to the usual notice duly pub- lished and mailed to those persons interested, held a public hear- ing on this appeal on the 28th of December, 1949, at which various persons _appeared in support of the application and others against it; and WHEREAS, this Board thereafter adjourned the hearing, notice of which was given as above stated, to the 12th of January, 1950, for the purpose of affording all parties an opportunity dl ___. _ 4 to appear by attorneys and submit proof and testimony as to the matters and things in issue; and WHEREAS, at such hearing, the applicant Carl Guglielmo appeared by William S. Brill, his attorney, and proof was offered _ indicating that on or about June 15th, 1937, one James B. Morris filed in the County Clerk' s office, Division of Land Records, a certain map entitled "Subdivision of Plot 14, Amended Map of Plot 12 and Plot 14, Property of Fenimore Cooper Park, Section A"", which map as so filed was given number 4465, and that thereafter and on or about the 14th of November, 1949, James B. Morris contracted to sell the plot or lot known as Lot No. 3 on said map, to Carl Guglielmo; and that theretofore, on the 5th of April, 1948, the said James. B. Morris conveyed Lot No. 4 on said map to Jack N. Heed, pursuant to a contract of sale dated March 3, 1948; and also that on or about the 15th of April, 1948, the said James B. Morris conveyed Lot No. 2 on said map to Allene Moore Sharbough pursuant to a contract made on or about March 16th, 1948; and WHEREAS, examination of said plot plan indicates that there are practical difficulties and unnecessary hardship in the improve- ment of the property owned by Carl Guglielmo, being Lot No. 3, on said map, particularly because of the fact that the lot contains less than 15,O00 sq uare feet and has a depth of approximately 84 feet on one said and 104 feet on the other; and WHEREAS, this Board has determined that it is impossible for the applicant to erect a building upon the property in question in conformity with the Ordinance because of the size and depth of the lot and that a variance from the provisions of the Ordinance with regard to the total square foot area and the front foot set-back is necessary in order to permit the erection of this or any other building upon said property; 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 frontage of not less than 38 feet from Beresford Lane and a total square foot area of not less than 10,200 square feet, provided that in all other respects, the applicant abide by the pro- visions of said Ordinance and the Building Code of the Town of Mamaroneck. A vote taken on this resolution resulted as follows: AYES: Mr. Burchell Mr. Wullschleger Mr. Waterman Mr. Mink NOES: None � L ' ✓f The Board next considered the application of Frank Casciaro in con- nection with premises on the northeast corner of Wood Street and Myrtle Boulevard, known as Block 125, Parcel 224, and upon motion duly made and seconded, it was RESOLVED that the application of Frank Casciaro for modi- fication of Article II, Section 7 as amended June 4, 1947 to permit the erection of a 2-car garage within 75 feet of Myrtle Boulevard, to wit, 70 feet, and within 30 feet of Wood Street, to wit, 26 feet, in connection with premises on the northeast corner of Wood Street and Myrtle Boule- vard, known on the Tax Assessment Map of the Town of Mamaroneck as Block 125, Parcel 224, be and the same hereby is denied upon the ground that the applicant has failed to show unnecessary hardship or practical diffi- dulty in abiding by the provisions of the Ordinance. A vote taken on this resolution resulted as follows: AYES: Mr. Burchell Mr. Wullschleger Mr. Waterman Mr. Mink NOES: None The Board finally considered the application of Frank Casciaro in connection with premises on the south side of Oxford Road known as Block 208, Parcel 155, and upon motion duly made and seconded, the following resolution was adopted: WHEREAS, an application was made by Frank Casciaro for modification of Article III, Section 9 of the Zoning Ordinance to permit the erection of a private dwelling within 40 feet of the front street line on the south side of Oxford Road, 107 feet west from Mohegan Road, known on the Tax Assessment Map as Block 208, Parcel 155; and WHEREAS, such application was received by the Clerk of this Board on January 17th, 1950, making it impossible therefore to pub- lish the notice once a week for two weeks immediately preceding the hearing of this Board set for January 25th as recuired by Rule 9 of this Board; and WHEREAS, the Town Law of the State of New York, Section 267, requires that notice of hearing before a zoning board of appeals be published not less than 5 days prior to the date of the hearing, NOW, THEREFORE, BE IT RESOLVED that the strict application of Rule 9 is hereby waived and this Board hereby entertains the application of Frank Casciaro above mentioned, upon proof that the same has been published in the Daily Times of Mamaroneck on the 19th and 24th days of J-nuary, 1950. �3 • FURTHER RESOLVED that the application of Frank Casciaro for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit the erec- tion of a dwelling with a set-back of less than 40 feet to wit 35 feet, from Mohegan Road, in accordance with plot plan and plans submitted with the application, upon premises known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Parcel 155, be and the same hereby is granted upon the ground that because of the solid rock ledge increasing in depth with the depth of the lot, the applicant has shown practical difficulties and unneeessary hardship in complying with the provisions of the Ordinance, provided that in all other respects the applicant abide by the provisions of the said Ordinance and Building Code of the Town of Mamaroneck. There being no further business to come before the meeting, the Board adjourned at 10 P. M. s cretary