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HomeMy WebLinkAbout1954_07_28 Zoning Board of Appeals Minutes V MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JULY 28, 1954, IN THE COURT ROOM OF THE MAMARONECK TOWN POLICE DEPARTMENT, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. Mr. Wullschleger called the meeting to order at 8 P . M. PRESENT: Mr. Wullschleger, Chairman Mr. Rigano Mr. Maggini Mr. Schuler ABSENT: Mr. Burke Presence was also noted of Mr. McEvoy, Building Inspector, and Mr. Delius, Town Attorney. On motion duly made and seconded, the minutes of the previous meeting, held June 23, 1954, were approved as presented. The first application before the Board was that of C . W. Moody for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit construction of a one-family dwelling in an "AA" Zone, with a front set-back of less than 40 feet, on premises on the north side of Circle at end of Dudley Lane, 30 feet from north end of circle, known on the Tax Assessment Map of the Town of Mamaroneck as Block 313, part of Parcel 1. • Mr. Moody appeared and presented letters dated July 23rd, July 26th, and July 27th, from Harvey M. Manss, Walter E. Kolb, and Jack H. Per-Lee respectively, (who. own the properties immediately adjacent to the sub- ject property) stating that they are in favor of the granting of this variance. The letters were read by Mr. Schuler and received and filed. There was no opposition to this application. The next application was that of Patsy Giacomo for modification of Article II, Section 3 of the Zoning Ordinance, to permit erection of a public garage in an "A-2" Zone to replace the public garage presently existing as a non-conforming use, on rremises on the northwest side of Fifth Avenue, 100 feet southwest from Madison Avenue, known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 78. Mr. William J. McWilliams, an attorney, appeared for Mr. Giacomo. He said Mr. Giacomo wishes to erect an automobile repair shop and garage in an "A-2" district. The building will be 35 feet wide and 40 feet deep, as shown on plans submitted to the Board. The variance is to be confined to the westerly 50 feet of Block 132 Parcel 78, a plot fronting 50 feet on Fifth Avenue and 100 feet deep, so that the corner of Madison Avenue and Fifth Avenue, the remaining part of this plot which is 100 feet by 100 feet, will be unaffected by the variance. Mr. McWilliams summarized the past disputes and mentioned litigation now pending between the Town and Mr. Giacomo regarding removal of a wooden -175- garage which is on another parcel and to the rear of the property for which he is now seeking a variance, and which would be removed, thus putting an end to the litigation and the differences between Mr. Giacomo and his neighbors . He spoke of Mr. Giacomo' s business and character and ability as a garage mechanic. He stated that the back and side would be enclosed by a hedge. Mr. Morton Engel, 6 Lafayette Road, stated that he is in favor of the application, as it will improve his property because it will improve the character of the property in the neighborhood by removing the old garage and particularly, if Mr. Giacomo would erect a two-family house on the corner. He believes it would end the differences with Mr. Giacomo concerning the present use of premises owned by him and other members of his family. Mr. Louis Francella, 181 Myrtle Boulevard, said he is in favor of the application. Mr. Jerrold M. Sonet, 17 Lafayette Road (which premises he purchased in 1951) said he would act as spokesman for his neighbors. Almost all are opposed to an industrial use which this is . The business is being carried on in violation of the law, and this has been so for some time. The use which the petitioner seeks is a commercial garage and this is not even permitted in a business district except by permission of the Board and is even banned in industrial zones under certain circum- stances. Mr. Sonet submitted a large map showing the various houses in the neighborhood. He seriously questions whether the applicant will tear down the old unsightly garage because his business, as now con- ducted, is such as would make it impossible to confine it to the small garage he proposes to build. The cars would still be scattered over the remaining part of the property. Recently the property was used for the sale of fill and top soil, even to the extent of placing a sign on the property, which, however, has now been removed. Past performance does not recommend the applicant as to the future use of the property. Mr. Sonet stressed particularly that Mr. Giacomo had shown no hardship. Mr. Charles S . Rafsky, 19 Lafayette Road, acquired the property about a year ago. He believed when he purchased it that it was in a resi- dential area and was promised by the seller that the business use in the garage would be removed. Mr. Alan K. Strong, 100 Madison Avenue, is not opposed to Patsy' s making a living but understands the application applies to the entire lot. He would be in favor of granting it if the corner were definitely devoted to a residential use and the present garage destroyed. He stated that Mr. Donald Hobbs is a neighbor whose property abuts Mr. Giacomo' s, and as he is in the Armed Service, he has written Mr. Strong asking him to oppose the application in his name. Mr. William McNair, 99 Madison Avenue, said he agrees entirely with Mr. Strong. -176- Mr. Julian Bers, 9 Lafayette Road, is generally opposed to the applica- tion because gasoline stations are objectionable and this would chnage the character of the neighborhood. Mr. Arthur Bogardis, 17 Overlook Terrace, stressed the fact that there - is no hardship. He said it is impossible to get more than 3 cars into the proposed garage and at the present time there are 9 or 10 cars around the garage. He represented Larchmont Hills Civic Association, of which the Executive Committee passed a resolution opposing this application. Mr. McWilliams stated in rebuttal that Patsy had not opposed the closing of Madison Avenue when he might have done so legally. The character of the neighborhood will be improved. He doesn' t want business on Madison Avenue on account of his own house. The hardship lies in the removal of the non-conforming use. Congestion of traffic is also important. Mr. Giacomo said he could not agree to the removal of the garage as it is his father' s property and he would have to purchase it. He also said he had had an offer from a person in the audience for the purpose of erecting a two-family house for a low price. He would be willing to sell to this person, but only if he obtains this variance. Mr. Sonet then submitted pictures showing the condition of the property and stated that, while the neighbors might not be able to see the garage if a hedge is built, they do see it in the wintertime, hear the noise, and smell the fumes. He stressed again the fact that there is no hardship, particularly in view of the fact that Mr. Giacomo stated that he could not sell the corner for a two-family house. Mr. Schuler then asked if anyone would purchase this for residential , purposes. Mr. McWilliams, in conclusion, stated that the application is only for part of the plot (50 x 100) and they would accept any conditions. Mr. Robert Parsons, 42 North Chatsworth Avenue, wanted to know how Mr. Giacomo could conduct his garage business by confining it to the area inside the hedge because of the great number of cars now parked in the vicinity. Mr. Giacomo answered that some of the cars now in the neighborhood are his and some are his father' s and are legally parked in a street which is Lester Place. The Board went into -xecutive session and after discussion, on motion duly made and seconded, the following resolution was adopted: ' WHEREAS, C. W. Moody has appealed to this Board for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit con- striction of a one-family dwelling in an "AA" Zone, with a front set-back of less than 40 feet, on premises on the north side of Circle at end of Dudley Lane 30 feet from north end of circle, known on the Tax Assessment Map of the Town of Mamaroneck as Block 313, part of Parcel 1; and -177- A WHEREAS, this application has come on duly to be heard by this Board at its regular meeting held July 28, 1954; and WHEREAS, it appears that it would be an unnecessary hardship, be- cause of extreme topographical conditions, to require applicant to comply with the strict provisions of this Ordinance; and WHEREAS, all persons either in favor of or against this applica- tion, have been heard, s NOW, THEREFORE, BE IT RESOLVED that the appeal of C . W. Moody be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting the construction of a one-family dwelling in an "AA" Zone, with a front set-back of less than 40 feet, to wit, 30 feet, on premises on the north side of Circle at end of Dudley Lane, 30 feet north from end of circle, known on the Tax Assessment Map of the Town of Mamaroneck as Block 313, part of Parcel 1, in accordance with plans and plot plan filed in connection with this application, provided, however, that in all other respects, applicant comply with the Zoning Ordinance and Building Code of the Town of Mamaroneck. The vote recorded on this resolution was as follows: AYES: Mr. Wullschleger Mr. Rigano Mr. Maggini Mr. Schuler NOES: None The Board next considered the application of Patsy Giacomo, and a vote taken to determine whether or not to grant this variance resulted as follows: In favor of granting the variance - Mr. Wullschleger and Mr. Schuler Against granting the variance - Mr. Rigano and Mr. Maggini The Chairman, in view of the fact ,that there was no decision, moved, pur- suant to the provisions of subdivision 6 of Section 267 of the Town Law, that this matter be reviewed at the next regular meeting of the Board, and upon his motion, all present voted in favor of the following resolution: RESOLVED that the application of Patsy Giacomo for modification of Article II, Section 3 of the Zoning Ordinance, to permit erection of a public garage in an "A-2" Zone to replace the public garage presently existing as a non-conforming use, on premises on the northwest side of Fifth Avenue, 100 feet southwest from Madison Avenue, known on the Tax Assessment Map of the -178- Town of Mamaroneck as Block 132 Parcel 78, be reviewed at the next regular meeting of this Board to be held August 25, 1954,ujion notice given as on the original hearing. There being no further business to come before the meeting, it ad- journed at 10:30 P. M. Secretary 4 • -179-