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HomeMy WebLinkAbout1954_06_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JUNE 23, 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 Mr . Burke ABSENT: None Presence was also noted of Mr . McEvoy, Building Inspector, and Mrs . Barnes , Clerk to the Zoning Board and Recording Secretary. On motion duly made and seconded, the minutes of the previous meeting, held March 24, 1954, were approved as presented . Mr. Wullschleger said he wished to compliment the Members of this Board and, because he is so proud and grateful for their help and cooperation, he wished to present each one with a gold badge similar to the one he had been presented with by the Town, and for this purpose he had re- quested Supervisor Mandeville to be present and make the presentations . The Supervisor thanked Mr . Wullschleger for his untiring efforts on behalf of the Zoning Board and said he was indeed proud to be privileged to make these presentations to Morgan J. Burke, Jr . , Joseph J. Rigano, Fred L. Maggini, and George Schuler . Mr . Burke, on behalf of the Board, said he would like to thank the Supervisor for the kind things he had said of this Board . He pointed out that from the day he and his fellow members had been appointed to this Board and had undertaken to handle all appeals , there had been absolutely no interference or suggestion of interference from any official of the Town of Mamaroneck. He also wished to pay homage to the Chairman . He complimented Mr. Wullschleger for his habit of having the Board Members visit the properties to be considered . Next, the Supervisor, on behalf of Father Dillon, presented a gavel to Mr . Wullschleger for his use on this Board . The Supervisor said, "May you live long to enjoy it, may you use it on this Board and even more often on the Planning Commission" . Mr. Wullschleger thanked the Supervisor and said the gavel will continue to be the property of the Chairman of this Board even after his retirement . Pictures were made by Detective Sergeant Chauncey Smith of the presenta- tion of the badges and the gavel and then pictures were taken of the Zoning Board for use in the new Booklet of the Town which is being prepared . -171- 2 -n Zrz. t.- Y, /0 — CahAp 4.4 hi, Tums 23 — 7 __ The Board then proceeded with the regular order of business and the Clerk read the application of Mr. Louis J. Preston for modification of Article II , Section 6 of the Zoning Ordinance, to permit an addition to existing house and removal of rear porch, which house is a non-conforming building located at 15 and 17 Hillcrest Avenue, known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 74 . Mr. Preston was not present but there were a number of people there to protest the application. A petition signed by 26 property owners of the Town of Mamaroneck who would be "affected by the granting of the above application" opposing such granting and giving reasons, was submitted to the Board and received and filed . Mr . Richard Greene, 21 Hillcrest Avenue, acted as spokesman for the group. He referred to letters addressed to the Zoning Board by various neighbors, stating their objections and reasons for said objections . These letters were received and filed . Mr . Greene then went on to say that there are 3 families presently living in the Preston house . There are 3 different telephone numbers or listings . He said Mr. Preston conducts his business on the premises and his employees work in the back yard . The place is a public nuisance . Mr . Albert Mason, 11 Hillcrest Avenue, who lives next door to the subject property, spoke in opposition, as did Mr. Frank X. O'Connor, 39 Hillcrest Avenue, Mr . John Heespelink, 47 Maple Hill Drive, and Mr. Donald Treganoway, 32 Hillcrest Avenue . At this point Mr. Preston appeared and addressed the Board in his own behalf . He said the house is very old, and he would like to improve it . He thinks , if he is not permitted to improve it, he might be forced to sell to "undesirable people" . Mr . George W. Burton, 34 Edgewood Avenue , spoke in favor of the application and said in his work as Fire Inspector, he runs into many multiple family set-ups in neighborhoods of this sort . He thought the Board should con- sider the fact that Mr. Preston might be forced to sell to"undesirable people" . Mr . Wullschleger asked Mr . Burton if he were presently a Town official ; if he understands that the house is non-conforming; and if he knows that Mr . Preston uses his garage commercially. Mr . Burton replied in the affirmative to these questions . 4 Mr. Sidney Bierman , 54 Maple Hill Drive, said Mr . Preston and Mr. Burton should be more specific as to what they mean by "undesirable people" . Several other people spoke against the application. Mr. Douglas Follansby, 64 Edgewood Avenue, spoke in favor of it . ******* The next application before the Board was that of Sidney Fetner for modification of Article II , Section 7 of the Zoning Ordinance as amended , to permit provision of garage space for each apartment as shown -172- on plans for a new apartment house now being constructed on the east side of Madison Avenue, on premises known as Block 133 Parcel 449 on the Tax Assessment Map of the Town of Mamaroneck. Mr . Fetner was represented by Mr . Human Rich, who stated there are 110 apartments and 126 garage spaces . Mr . Frank Casciaro and Mr . Frank Perciasepe appeared to learn something more about the application and said they were opposed to it . The Board then went into executive session and after discussion, on motion duly made and seconded, the following resolution was adopted : WHEREAS, Sidney Fetner has appealed to this Board for modification of Article II , Section 7 as amended, to provide garage space for each apartment as shown on plans for a new apartment house now being con- structed on the east side of Madison Avenue on premises known as Block 133 Parcel 449 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, it appears that the variance is for the purpose of con- structing garage units for private automobiles owned by occupants or tenants of an apartment house in the Town of Mamaroneck which is now in the process of construction; and WHEREAS , this application has come on duly to be heard by this Board at its regular meeting, held June 23, 1954; and WHEREAS, it appears that plans for the construction of such apart- ment house, have been approved by the Building Inspector of the Town of Mamaroneck NOW, THEREFORE, BE IT RESOLVED that the appeal of Sidney Fetner be and the same hereby is allowed and he is hereby granted permission in accordance with Article II , Section 7 of the Zoning Ordinance as amended, to provide garage space for 126 cars for the exclusive use of occupants or tenants of the apartment house as shown on plans for a new apartment house now being con- structed on the east side of Madison Avenue on premises known as Block 133 Parcel 449 on the Tax Assessment Map of the Town of Mamaroneck, in accordance with plans and specifications on file with the Building Inspector. The vote on this resolution was recorded as follows : AYES: Mr. Wullschleger Mr . Rigano Mr. Maggini Mr . Schuler Mr . Burke NOES: None -173- The Board next considered the application of Mr . Preston and on motion duly made and seconded, the following resolution was adopted : WHEREAS , Louis J. Preston has appealed to this Board for modifica- tion of Article II , Section 6 of the Zoning Ordinance, to permit an addition to an existing house and removal of rear porch, which house is a non-conforming building located at 15 and 17 Hillcrest Avenue, known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 74 ; and WHEREAS, this application has come on duly to be heard by this Board at its meeting held June 23 , 1954; and WHEREAS, Article II , Section 6, subsection 1 of the Zoning Ordinance provides that a structural alteration made in a non-conforming building shall in no case exceed 25% of the assessed value nor shall the building be enlarged unless the use therein is changed to a conforming use ; and WHEREAS, it appears that the contemplated addition to the house constitutes an enlargement or alteration in excess of 25% of the present assessed valuation of the building and as such, would not be permitted by said Section 6 of Article II of the Zoning Ordinance ; and WHEREAS , all persons, whether for or against the application, have been heard by this Board, NOW, THEREFORE, BE IT RESOLVED that the appeal of Louis J. Preston for modification of Article II Section 6 of the Zoning Ordinance, to permit an addi- tion to an existing house and removal of rear porch, which house is a non-conforming building located at 15 and 17 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 74, be and it hereby is denied on the ground that applicant has failed to show unnecessary hardship or practical difficulty in abiding by the provisions of the Ordinance. A. vote on this resolution was recorded as follows : AYES : Mr. Wullschleger Mr . Rigano Mr . Maggini Mr. Schuler Mr. Burke NOES: None There being no further business to come before the meeting, it adjourned at 9:45 P. M. Secretary -174-