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HomeMy WebLinkAbout1950_07_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS HELD JULY 26th, 1950, AT 11 EDGEWOOD AVENUE, LARCHMONT, H. Y. Mr. Quinn called the meeting to order at 8 P . M. PRESENT: Mr. Quinn, Chairman Mr. Mink Mr. Butterfield Mr. Wullschleger ABSENT: Mr. Burke Presence was also noted of Mr. Foote and Mr. Delius. On motion duly made and seconded, the minutes of June 28th, June 30th, and July 7th were approved as presented. The first application before the Board was that of Louis Fanelli, for modification of Article III, Section 9 as amended, to permit the construction of a one-family residence on premises on the west side of Avon Road, 94.48 feet south from point of curve of Mohegan Road, known on the Tax Assessment Map as Block 208 Parcel 103, said premises having insufficient square foot area. Mr. Fanelli was represented by Mr. William F. Capella, a real estate broker, who stated that Mr. Fanelli had purchased this property in 1928 and that the lot contained 12,000 square feet. The following people registered opposition to the application: Mr. Richard Fisk, 10 Oxford Road Mr. John Sharbough, 24 Avon Road Mr. Oscar Lewis, 35 Avon Road Mr. James Morris, 50 Garden Road, stated that he is in favor of the application. ****** The next application before the Board was that of Wilma Harris for permission to use property known as Block 133, Parcel 707 on the Tax Assessment Map, as a parking space for automobiles owned by tenants of the Oak Haven Apartment which adjoins the premises. Mrs. Harris appeared in person and said she had purchased the land in May, 1950. She said she would clear and level the lot and im- prove its appearance and charge $5 . for each tenant in Oak Haven who wished to park his car there. The following people registered opposition to the application: Mr. Tony Mirande, on behalf of his mother who resides at 91 Myrtle Boulevard. He said the gasoline stations in the neighborhood have sufficient space for parking cars and this lot will not help the traffic problem -104- The Chairman of the Board read a letter received from Mr. Carl Carpino, owner of Block 133, Parcel 499, objecting to the applica- tion. The letter was ordered received and filed. Mr. Anthony Carpino appeared, representing Mr. Michael Carpino and Mrs. Angelino Carpino, who own the adjoining property. He said the Carpinos have lived there for 30 years and they keep goats. Mr. Carpino is a sick man and that is the only way he can make a living. The disturbance and noise from the parking lot will be objectionable. The apartment house has only 23 tenants and there are probably only , 15 cars. He also said the gas stations have parking space and Mr. Victor Marraro has a public parking space in back of his store. The next application before the Board was that of Carl Guglielmo for modification of Article III, Section 9 as amended, to permit the construction of a one-family residence on a plot containing less than 15,000 square feet, to wit, 14,535 square feet, and having a lesser set-back than 40 feet, from the front street line, to wit, 30 feet, on premises on the northeast side of Beresford Lane, 150 feet from Avon Road, known on the Tax Assessment Map as Block 206 part of Parcel 348-357. Mr. Guglielmo appeared in person and stated that he had recently purchased the property. Because of rock formation, the 40 foot set-back is impossible. He stated that he had obtained a similar variance for the house he built across the street. There was no opposition to this application. The next application before the Board was that of Rockledge Holding Corp. for modification of Article III, Section 9 of the Zoning Ordinance, to permit a roof and extension around garage doors to be within 30 feet of street line, to wit, 27 feet, in connection with premises on the west side of Sackett Drive, now under construc- tion, known as Block 106, Parcel 336, on the Assessment Map of the Town of Mamaroneck. Mr. C . W. Moody, as President of Rockledge Holding Corp. appeared in behalf of the application. He explained that the subject of the application was merely an overhang for the garage. There was no opposition to this application. The last application before the Board was that of John M . Kokkins, Vice President of Spencer Park Development Corp. , for modification of Article II, Section 3 to permit multiple garages and parking on premises known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Parcel 1, on the east side of the boundary line be- tween the City of New Rochelle and the Town of Mamaroneck, 160 feet north of Boston Post Road, in conjunction with Cooper Hill Garden -105- Apartments to be built on the Spencer Tract in the City of New Rochelle. Mr. John M. Kokkins, Mr. Stephen C . Lyras and Mr. Peter T . Kikis appeared in behalf of this app ation, and addressed the Board. They submitted maps and plans,7Mtplained the project to be known as Cooper Hill Garden Apartments and why they wanted the garages. There was discussion as to spacing, landscaping, set-backs, separa- tion of units, etc. There was no opposition to this application. A Mr. Drew Eberson, 2 West 47th Street, New York City, an architect, representing Mr. John J. Murdock, appeared before the Board and said he wished to inquire about the possibility of erecting a 6- story apartment house on the east side of Old White Plains Road. Part of the property is in the Village of Mamaroneck and part in the Town. All of it is zoned "A Residential" . He was informed that he should apply for a re-zoning of this property. ****** The Board went into executive session and considered the application of Mr. Louis Fanelli. Upon motion duly made and seconded, the following resolution was adopted: WHEREAS, Louis Fanelli 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 208, Parcel 103, 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; and WHEREAS, this Board, pursuant to the usual notice duly pub- lished, held a pubic hearing on this appeal on the 26th of July, 1950, at which various persons appeared in support of the applica- tion, and others against it; and WHEREAS, it appears that the applicant purchased this pro- perty in 1928 and prior to the amendment of the Zoning Ordinance creating the AA district which requires a minimum of 15,000 square feet for the erection of a one-family dwelling, and that the lot or plot contains less than 15,000 square feet, to wit, approximately 12,000 square feet, 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 hereby is directed to issue -106- to the applicant, a building permit for the erection of a one-family dwelling upon the premises in accordance with the plans and specifications filed with him, which indicate a total square foot area of approximately 1?,000 square feet, provided that in all other respects, the applicant comply with the provisions of the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote taken upon this resulted as follows: AYES: Mr. Quinn Mr. Wullschleger Mr. Butterfield M r. Mink NOES: None The Board next considered the application of Wilma Harris, and upon motion duly made and seconded, it was RESOLVED that the application of Wilma Harris for permis- sion to use property known as Block 133, Parcel 707 on the Tax Assessment Map as a parking space for automobiles owned by tenants of the Oak Haven Apartment which adjoins the premises, be and the same hereby is denied upon the ground that the applicant has failed to show unnecessary hardship or practical difficulty in abiding by the pro- visions of the Ordinance. A vote taken upon this resulted as follows: AYES: Mr. Quinn Mr. Butterfield Mr. Mink NOES: Mr. Wullschleger The Board next 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 building permit for the erection of a building on premises known as Block 206, part of Parcel 348-357, 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, accor- ding to the plot plan submitted, is not in conformity with Article III, Section 9 of the Zoning Ordinance; and WHEREAS, this Board, pursuant to the usual notice duly pub- lished, held a public hearing on this appeal on the 26th of July, 1950, at which there was no opposition; and WHEREAS, examination of said plot plan indicates that there are practical difficulties and unnecessary hardship in the improve- -107- ment of the property now owned by Carl Guglielmo, because of the fact that the lot or plot contains less than 15,000 square feet and is in part rocky, with a steep grade at the rear, making it impossible to set the building back 40 feet from the front street line, 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 30 feet from Beresford Lane and a total square foot area of not less than 14,535 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 resulted as follows: AYES: Mr. Quinn Mr. Mink Mr. Butterfield Mr. Wullschleger NOES: None After discussion of the application of Rockledge Holding Corp. , the following resolution was duly moved and seconded: WHEREAS, Rockledge Holding Corp. has appealed from a decision of the Building Inspector, denying its application for a permit to erect a one-family dwelling with part of said dwelling approximately 27 feet from the line of Sackett Drive in connection with property known on the Tax Assessment Map of the Town of Mamaroneck as Block 106, Parcel 336; and WHEREAS, said appeal is predicated upon the grounds of un- necessary hardship and practical difficulty in complying with the strict provisions of the Ordinance and it appears to the Board, under all the circumstances, that it would be an unnecessary hard- ship, because the plan and design of the building, which includes a roof and extension around the garage doors, cannot practically be built upon said lot or plot so as to keep this 3 foot extension within the 30 foot set-back, NOW, THEREFORE, BE IT RESOLVED that the appeal of Rockledge Holding Corp. be} and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting the erection of said one-family dwelling with a set-back of the extension around garage doors within 30 feet of -108- Sackett Drive, to sit, 27 feet, as shown on the plot plan and drawing filed in connection with this appli- cation, provided, however, that applicant comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote taken on this resulted as follows: AYES: Mr. Quinn Mr. Mink Mr. Butterfield Mr. Wullschleger NOES: None After discussion of the application of John M. Kokkins, Vice President of Spencer Park Development Corp. , the following resolution was duly moved and seconded: WHEREAS, Spencer Park Development Corp. has filed an applica- tion for a use variance affecting premises known as Block 503, Parcel 1, on the Tax Assessment Map and which is immediately ad- joining the east side of the boundary line between the City of New Rochelle and the Town of Mamaroneck, 160 feet north of the Boston Post Road; and WHEREAS, it appears that the variance is for the purpose of constructing garage units for private automobiles owned by occu- pants or tenants in an apartment house development known as Cooper Hill Garden Apartments, which the applicant proposes to erect in the City of New Rochelle upon plottage or area where construction of such apartment houses is permitted by the Zoning Ordinance and Building Code of the City of New Rochelle; and WHEREAS, it appears that, while plans for the construction of such apartment houses have generally been approved by the City of New Rochelle and by the Federal Housing Administration, the construction has not yet been commenced, NOW, THEREFORE, BE IT RESOLVED that the application of John M. Kokkins, Vice President of Spencer Park Development Corp. for a vari- ance is granted, but upon condition that the plans and specifications for the construction of the garages with respect to their location, type and details of construc- tion, including but not limited to fire-proofing, land- scaping, separation of garage units and set-backs, be- submitted to and approved by this Board before a build- ing permit may issue. A vote taken on this resulted as follows: AYES: Mr. Quinn Mr. Mink Mr. Butterfield Mr. Wullschleger NOES: None -109- • There being no further business to come before the meeting, the members adjourned. Sec etary • • -110-