Loading...
HomeMy WebLinkAbout1955_07_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JULY 27, 1955, IN THE ROOM ASSIGNED TO THE BOARD AT MAMARONECK TOWN POLICE HEADQUARTERS, 11 EDGEWOOD AVENUE, TOWN. PRESENT: Mr. Wullschleger, Chairman Mr . Burke Mr. Rigano Mr . Schuler Mr. Maggini ABSENT: None Presence was also noted of Mr. McEvoy, Building Inspector, Mr. Delius , Town Attorney, and Mrs . Barnes , Clerk to the Board and Recording Secretary. The published notice of this meeting had advised that it would be held in the Auditorium of the Weaver Street Fire House, where it so met, and after the Chairman had called the meeting to order, he announced that the application of Frank Guadagnolo for modification of Article II , Section 3 as amended, to permit a service station, garage, and taxi office on premises known as 5 Fifth Avenue, and also known as Block 132 Parcels 609-614 on the Tax Assessment Map of the Town of Mamaroneck (which premises is now zoned A-2, i .e . for 2-family dwellings) had been withdrawn and that this meeting would now adjourn to the Court room of the Weaver Street Police Station. After the Chairman called the meeting to order in the Court room, he said he would suggest that the application of Ferndale Center, Inc . , in connection with the driveway from the parking area, should be laid over until a later meeting, in order to give the Board members more time to study the situation. Mr . Mario Lorenti, an attorney appearing for the surrounding property owners, protested this and the Board members then agreed they would proceed with the hearings on all pallications , including that of Ferndale Center, Inc . The Board then proceeded with the business of the meeting and on motion duly made and seconded, the minutes of the previous meeting, held June 22, 1955, were approved as presented . The Board then took up the first application which was that of Arnold Mancini for modification of Article II , Section 6 of the Zoning Ordinance to permit addition of a one-car garage on premises located at 53 Cooper Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 561 . Mr. Mancini appeared and presented a sketch of the proposed addition. There was no opposition to this application. ***** -15- The next application before the Board was that of Alfred Willis as Agent, for modification of Article III , Section 9 of the Zoning Ordinance as amended , to permit construction of a one-story addition to present dwelling (which dwelling is non-conforming, i .e . located 30 feet from street line in an AA residence zone) to be less than 40 feet from street line, i .e . 29 feet, on premises at 43 Bonnie Briar Lane and known on the Tax Assessment Map as Block 224 Parcel 771 . Mr. Willis appeared and presented old blue prints of the original building, a plot plan, and blue prints of the proposed addition. There was no opposition to this application. ***** The next application was that of Emilio John Di Rienzo for modifica- tion of Article II , Section 4 of the Zoning Ordinance, .o allow a store 20 feet by 100 feet to be used as a dry-cleaning establishment employing more 4 persons on premises located on the northeast corner of Boston Post Road and Ferndale Street (one of the stores in the group) known on the Tax Assessment Map as Block 410 Parcel 463 . Mr. A. D. Marinelli, an engineer, appeared representing Mr. DiRienzo and said it is their intention to employ 9 persons . Mrs . Winton L. Miller said she would like to know the reason for the necessity for this application, i .e . was it because of the use of flamable material . Mr. Marinelli stated that the law prevents the use of flamable material . There was no opposition to this application. ***** The next application was that of Joseph Scarpinato for modification of Article III Section 9 of the Zoning Ordinance as amended, to permit set-back of a one-family dwelling in an AA residence zone to be less than 40 feet front street line, i .e . 39. 13 feet on premises located at 22 Stonewall Lane, known on the Tax Assessment Map as Block 333 Parcel 412. Mr. Willis also represented Mr. Scarpinato and explained that this application was being made because of an error on the part of the person who staked out the location of the house . He also stated that only 9 inches of this property is located in the Town of Mamaroneck: the balance is in Scarsdale . There was no opposition to this application. ***** The last application was that of Ferndale Center, Inc . , Salvatore Pepe, President, for modification of Article II Section 3 of the Zoning Ordinance, to permit continuance of a driveway between -16- J Weaver Street and Ferndale Shopping Center parking lot, on premises located on the east side of Weaver Street, known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 410 Parcel 321 . Mr . George Forbes , Jr. , Mamaroneck Avenue, White Plains, an attor- ney, appeared for Mr. Pepe. Mr . Forbes said that this is an application by Ferndale Center. Inc . for permission to use the access driveway to and from the existing parking lot at the First National Stores . This Board is being asked to modify Article II Section 3 of the Ordinance so that Bianco and Pepe will be permitted to use the driveway. He said the Town Board had amended the Ordinance to permit the Shopping Center . The driveway is necessary to insure the safety of all the patrons of the stores . There is an existing traffic hazard at that point . He said Mr. Pepe had acted in good faith in his construction of the road or driveway and now asks permission to use it because he believes it is for the safety of the people. They are here tonight, he said , to insure the validity of their right to use the road and they base the application upon the grounds of hardship, having in mind that the character of the neighborhood, as it has been changed by the traffic on the Boston Post Road , is such that now a one-family house cannot be built there . this is in addition to the safety angle . Mr . Forbes went on to tell about the previous driveway which was used for at least 40 years by customers going to and from a commercial greenhouse owned and operated by Mr . John Moll and family. He said Mr. Pepe had applied for and obtained a permit from the State of New York for the necessary curb-cut . Mr. Forbes presented copy of a letter from Cheif Yerick, addressed to the Town Board . Mr. Lorenti objected to this letter and his objection was over-ruled . He said he would take an exception. Mr. Forbes presented some early photographs of the area. Mr . Lorenti objected . Mr . Forbes presented a photostatic copy of a survey of the area owned by Ferndale Center, Inc . , exclusive of the piece under consideration. Mr . Forbes presented a photostatic copy of part of the original map which shows everything involved . He had outlined, in red, the property first purchased and also the property now under consideration. This shows how the piece in question is connected and how it comes into Weaver Street . He called to the attention of the Board, the fact that the Ferndale piece was conveyed to the Town of Mamaroneck in 1941 by deed recorded in Liber 3931 at page 34 . -17- Mr . Forbes went on to say that the minutes of the Town Board of August 10, 1921 , show a resolution accepting Ferndale Place as a highway as shown on this particular map. He said Bianco and Pepe have put about $20, 000 into this project. Mr. Forbes presented certain petitions as follows : 1 - 80 signatures, 75 residing in the Town of Mamaroneck 2 - 47 signatures, 42 in the Town 3 - 92 signatures, 74 in the Town 4 - 94 signatures, 82 in the Town 5 - 18 signatures, surrounding property owners . These signatures were obtained in the stores of the First National Co . Mr. Forbes summed up by saying that this application for a variance should be granted because : (a) There is hardship; (b) The presence of this road eliminates certain traffic dangers ; and (c) The road is substantially in the same location as the former road- bed of an existing road . Mr. Mario Lorenti, an attorney, residing in Larchmont Acres , with an office in New York City, appeared representing Mr. John Civitini, 37 Weaver Street, and said he would also speak for property owners on Plymouth and Winthrop Streets. Mrs . Civitini and Miss Moll , Weaver Street residents, answered questions by Mr . Lorenti , bringing out their objections to this business drive- way going over residential property. For purposes of a record, a set of minutes was made of this hearing, by Mrs . Kathleen Butler, 3 Prospect Street, New Rochelle, who was employed by Mr . Lorenti. There were about 24 people present who stood up at the request of the Chairman, to register their opposition to this application. Mr. Harry K. Keller, a real estate appraiser, with offices in White Plains , Scarsdale, and New York City, after qualifying, gave as his opinion, after studying the Zoning Laws and Ordinance, that the property in question could be developed with one-family dwellings . The present zoning Ordinance would not impose any hardship on the property. The existing driveway, in his opinion, under the circumstances under which it is operated , depreciates the value of the surrounding properties . At this point, there was a recess of the meeting. After the recess , the meeting reconvened , and Mr. Anthony Garagalo, Weaver Street, addressed the Board and stated his objections to the application . -18- T-- stated Mr. Thomas Abrahamsen, 16 Winthrop Avenue, also stand his objections. Mr. Lorenti presented petitions signed by surrounding property owners and also a petition signed by property owners in Howell Park. He presented a certified copy of a resolution of the Town Board, adopted at a meeting held July 15, 1955, authorizing an injunction against the use of the driveway. He presented copies of deeds, John Moll to Alfred Moll and Alfred Moll to Ferndale Center, Inc . Mr. Frank Gironda, 11 Cabot Road, spoke in favor of the application. Mrs . Nash, Larchmont Gardens , spoke in favor of the application. Mr . Thomas Abrahamsen, said there are 38 or 40 children in that neighborhood who are endangered by the use of the driveway. He is also concerned by the depreciation of his property. v Mr. Frederick P. Gage, an attorney, with an office at 271 North Avenue, New Rochelle, appeared for Mr. Sal Fazio, 30 Weaver Street, and spoke in opposition to the application. Mr. Pepe said a letter had been written to the Town Board asking about the construction of the driveway and a favorable reply had been received . The Chairman declared the public hearing on all matters closed, and the Board went into executive session. *** After discussion, on motion duly made and seconded , the following resolution was adopted : WHEREAS, Arnold Mancini has appealed to this Board for modification of Article II , Section 6 of the Zoning Ordinance ; and WHEREAS, this application has come on duly to be heard by this Board at its meeting held July 27, 1955; and WHEREAS , the members of this Board have inspected the property for which a variance is requested ; and WHEREAS , all persons, either in favor of or against this applica- tion, have been heard , NOW, THEREFORE, BE IT RESOLVED that the appeal of Arnold Mancini be and it hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting addition of a one-car garage on premises located at 53 Cooper Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 561 , in accordance -19- T-- with plans filed with the Building Inspector, provided , however, that in all other respects , applicant comply with the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote was recorded on this resolution as follows : AYES : Mr. Wullschleger Mr . Rigano Mr . Burke Mr. Schuler Mr. Maggini NOES : None The Board next considered the application of Alfred Willis as Agent, and after discussion, on motion duly made and seconded , the following resolution was adopted : WHEREAS, Alfred Willis as Agent, has appealed to this Board for modification of Article III , Section 9 of the Zoning Ordinance as amended ; and WHEREAS, this application has come on duly to be heard by this Board at its meeting held July 27, 1955; and WHEREAS, the members of this Board have inspected the property for which a variance is requested ; and WHEREAS, all persons either in favor of or against this applica- tion, have been heard, NOW, THEREFORE, BE IT RESOLVED that the appeal of Alfred Willis as Agent for owner be and it hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting construction of a one-story addition to present dwelling (which dwelling is non-conforming, i .e . located 30 feet from street line in an AA residence zone) to be less than 40 feet from street line, i .e . 29 feet, on premises at 43 Bonnie Briar Lane and known on the Tax Assessment Map as Block 224 Parcel 771 , in accordance with plans filed with the Building Inspector, provided , however, that in all other respects, applicant comply with the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote was recorded on this resolution as follows : AYES: Mr. Wullschleger Mr. Rigano Mr. Burke Mr . Schuler Mr. Maggini NOES : None -20 T-- The Board next considered the application of Emilio John Di Rienzo for modification of Article II , Section 4 of the Zoning Ordinance and on motion duly made and seconded, the following resolution was adopted : WHEREAS , Emilio John Di Rienzo has appealed to this Board for modification of Article II , Section 4 of the Zoning Ordinance : and WHEREAS , this application has come on duly to be heard by this Board at its meeting held July 27, 1955; and WHEREAS , the members of this Board have inspected the property for which a variance is requested ; and WHEREAS all persons, either in favor of or against this applica- tion, have been heard , NOW, THEREFORE, BE IT RESOLVED that the appeal of Emilio John Di Rienzo be and it hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting a store 20 feet by 100 feet to be used as a dry-cleaning establishment employing more than 4 persons, (i .e . 9 persons) on premises located on the northeast corner of Boston Post Road and Ferndale Street (one of the stores in the group) known on the Tax Assessment Map as Block 410 Parcel 463 , in accordance with plans filed with the Building Inspector, provided, however, that in all other respects , applicant comply with the Zoning Ordinance, and Building and Fire Prevention Codes of the Town of Mamaroneck, and provided further that applicant comply with all applicable State laws and that he be limited to the employment of 9 persons . A vote was recorded on this resolution as follows : AYES : MR. Wullschleger Mr. Rigano Mr . Burke Mr. Schuler Mr. Maggini NOES : None The Board next considered the application of Joseph Scarpinato for modification of Article III Section 9 of the Zoning Ordinance as amended , and , on motion duly made and seconded, the following resolution was adopted : WHEREAS, Joseph Scarpinato has appealed to this Board for modifica- tion of Article III , Section 9 of the Zoning Ordinance as amended ; and WHEREAS, this application has come on duly to be heard by this Board at its meeting held July 27, 1955; and -21- WHEREAS , the members of this Board have inspected the property for which a variance is requested : and n WHEREAS, all persons, either in favor of or against this applica- tion, have been heard, NOW, THEREFORE, BE IT RESOLVED that the appeal of Joseph Scarpinato be and it hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting set-back of a one-family dwelling in an AA residence zone to be less than 40 feet from street line, i .e . 39 . 13 feet on premises located at 22 Stonewall Lane, known on the Tax Assessment Map as Block 333 Parcel 412, in accordance with plans filed with the Building Inspector, provided, however, that in all other respects, applicant comply with the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote was recorded on this resolution as follows : AYES : Mr. Wullschleger Mr. Rigano Mr . Burke Mr . Schuler Mr. Maggini NOES : None The Board next considered the application of Ferndale Center, Inc . , and on motion duly made and seconded , it was RESOLVED that the application of Ferndale Center, Inc . , Salvatore Pepe, President, for modification of Article II Section 3 of the Zoning Ordinance, to permit continuance of a driveway between Weaver Street and Ferndale Shopping Center parking lot, on premises located at the east side of Weaver Street, known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 321 , be and it hereby is denied on the ground that applicant has not shown unnecessary hardship or practical difficulty. A vote was recorded on this resolution as follows : AYES : Mr . Wullschleger Mr. Rigano Mr. Burke Mr . Schuler Mr. Maggini NOES : None There being no further business to come before the meeting, it adjourned at 10:40 P. M. t17.1r/j7-e./f- Secretary -22-