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 .
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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
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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
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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
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