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HomeMy WebLinkAbout1953_06_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JUNE 24, 1953, IN THE MAMARONECK TOWN POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. Mr. Wullschleger called the meeting to order at 8 P . M. PRESENT: Mr. Wullschleger, Chairman Mr. Rigano Mr. Brush ABSENT: Mr. Burke Mr. Maggini Presence was also noted of Mr. McEvoy, Building Inspector and Mrs. Barnes, Clerk to the Board, and Recording Secretary. On motion duly made and seconded, the minutes of the previous meeting, held May 27, 1953, were approved as presented. The first application before the Board was that of Julius A. Rosenthal for modification of Article III, Section 9 of the Zoning Ordinance (Set- backs) to permit construction of a one-family dwelling within 30 feet of the side street line (Vine Road) to wit, 20 feet, on premises located at the corner of Forest Avenue and Vine Road, known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 111 Parcel 48. As there was no one present to represent Mr. Rosenthal, this applica- tion was put over for the moment. However, Mr. Gordon Biggar, owner of the adjoining property, appeared and said he would like to go on record as being very much in favor of the proposed building. He said he had seen the plans and believes the building will be an improvement. Mr. Rosenthal appeared later in the meeting . There was no opposition to this application. The next Application was that of Mr. James Sugrue for modification of Article III Section 9 of the Zoning Ordinance (Setbacks) to permit construction of a one-family dwelling within 30 feet of the front street line, to wit, 15 feet, and within 30 feet of the side street line, to wit, 20 feet, on premises located at the corner of Mardon Road and Cooper Lane, known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 38. Mr. Sugrue appeared and stated that his brother has owned this property for 25 years and he (the applicant) plans to take it over provided he can obtain the necessary variance from this Board. He said the lot is 50' x 112' and is almost entirely rock formation at one end. There is a small old cemetery in the rear of the premises. Mr. Sugrue submitted plans of the house and a survey of the lot. -136- The following people appeared: Mr. George McEwen, 6 Mardon Road. Mr. McEwen said he did not object but merely wanted to see the plans and learn something about the proposed house. After seeing the plans he said he was sympathetic to Mr. Sugrue but felt the house should be in line with the other houses on Mardon Road. Mr. Henry W. Doepel, 30 Cooper Lane objected to a variance of the set-back on the Cooper Lane side. Mrs. James Bryce, 21 Cooper Lane is the next door neighbor. She would like to see the house in line with the other houses. Mr. Albert D'Elia, 33 Cooper Lane objects to a variance on the Cooper Lane side. He said he had purchased his property because all the houses were in line. He believes a variance permitting the house to be within 30 feet of Cooper Lane would make a blind spot of that corner. Mr. Harry Krieger, 37 Cooper Lane, objects to a variance on the Cooper Lane side, as he thinks it will spoil the entire appearance of Cooper Lane. Mr. Harry Shapiro, 8 Mardon Road, and Mrs. Daniel F. Connell, 46 Cooper Lane, inspected the plans. The objected to a variance from the Cooper Lane set-back. Mrs. Henry W. Doepel said she lives directly opposite the proposed house and feels if the house is allowed to stand out, it will decrease the value of her house. She strongly objects to the variance. Mr. Doepel again spoke and said he felt if the variance were granted, it would make that corner a dangerous one. Mrs. Connell said she wished to register her husband' s name as also objecting the the variance as he could not be present at the meeting. The Clerk read a letter dated June 24, 1953 from Mrs. Clellan D. Curtis, 52 Cooper Lane, objecting to the granting of the variance. At this point, Mr. Rosenthal appeared and submitted his plans and • survey to the Board. He explained that the peculiar shape of his plot, as well as the unusual amount of rock had made necessary his application to this Board for a variance. The Board then went into executive session and after discussion, upon motion duly made and seconded, the following resolution was adopted: -137- WHEREAS, Julius A. Rosenthal has appealed to this Board for modification of Article III, Section 9 of the Zoning Ordinance (Set- backs) to permit construction of a one-family dwelling within 30 feet of the side street line (Vine Road) to wit, 20 feet, on premises - located at the corner of Forest Avenue and Vine Road, known on the Tax Assessment Map of the Town of Mamaroneck as Block ill, Parcel 48; and WHEREAS, this application has come on duly to be heard by this Board at its regular meeting, held June 24th, 1953; and WHEREAS, it appears that it would be an unnecessary hardship, because of the peculiar shape of the lot as well as the unusual deposits of rock, to require the applicant to comply with the strict provisions of the Ordinance, NOW, THEREFORE, BE IT RESOLVED that the appeal of Julius A. Rosenthal be and the same hereby is allowed and the decision of the Building In- spector reversed to the extent of permitting construction of a one-family dwelling within 30 feet of the side street line (Vine Road) to wit, 20 feet, on premises located at the cor- ner of Forest Avenue and Vine Road, known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 111 Parcel 48,in accordance with plans and specifications filed in connection with this application, provided, however, that in all other respects, applicant comply with the provisions of the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote recorded on this resolution was as follows: AYES: Mr. Wullschleger Mr. Rigano Mr. Brush NOES: None The Board took up the next application and on motion duly made and seconded, the following resolution was adopted: WHEREAS, James Sugrue has appealed to this Board for modifica- tion of Article III, Section 9 of the Zoning Ordinance (Setbacks) to permit construction of a one-family dwelling within 30 feet of the front street line, to wit, 15 feet, and within 30 feet of the side street line, to wit, 20 feet, on premises located at the corner of Mardon Road and Cooper Lane, known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 38; and WHEREAS, this application has come on duly to be heard by this Board at its regular meeting, held June 24, 1953; and -138- WHEREAS, it appears that it would be an unnecessary hardship to require the applicant to comply with the strict pro7isions of the Ordinance, because of the rock formation, NOW, THEREFORE, BE IT RESOLVED that the appeal of James Sugrue be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent only of permitting construction of a one-family dwelling within 30 feet of street line of Mardon Road, to wit, 15 feet, on premises located at the corner of Mardon Road and Cooper Lane, known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 38, in accordance with plans and specifications filed in connection with this application, provided, however, that in all other respects applicant comply with the provi- sions of the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote recorded on this resolution was as follows: AYES: Mr. Wullschleger Mr. Rigano Mr. Brush NOES: None There being no further business to come before the meeting, it adjourned at 8:45 P . M. Secretary 139-