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HomeMy WebLinkAbout1959_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, 1959, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET, TOWN OF MAMARONECK. CALL TO ORDER In the absence of the Chairman, Mr. Wullschleger, the meeting was called to order at 8:00 p. m. by Mr. Schuler, Acting Chairman. PRESENT: Mr. George Schuler, Acting Chairman Mr. Sydney Bierman Mr. Laurence Sobel Mr. Phil Corby ALSO PRESENT: Maurice Friedlander, Town Engineer and Building Inspector John L. Delius, Esquire, Town Attorney ABSENT: Chairman Arthur Wullschleger APPROVAL OF MINUTES The minutes of the meeting held May 27, 1959, were approved as presented. HEARINGS The secretary presented the affidavit of publication of notice of the hearings as published in the official newspaper of the flown of Mamaroneck, the Daily Times on June 17, 1959. The Chairman declared the hearing open and requested the secretary to read the first application, 48 I APPLICATION NO. 1---HOWELL PARK ASSOCIATION Case # 40 Appeal of Howell Park Association and Peter G. Moore from a decision of the Building Inspector of the Town of Mamaroneck refusing to revoke a permit for the erection and occupancy of an apartment house as shown on plans filed by Grew Properties, Inc. The building permit was issued by Thomas J. McEvoy, the Building Inspector on December 2, 1955, and the refusal to revoke the permit was contained in a letter from Maurice Friedlander, the Building Inspector, dated March 31, 1959, The prem- ises are known as Block 401, Parcel I and is located on the northerly side of Palmer Avenue, 214x394 feet average depth and is known as 65 Palmer Avenue. This appeal is taken under Article VI, Section 25 of the Zoning Ordinance of the Town of Mamaroneck. Mr. Joseph Johnston, attorney for Grew Properties, asked that this application be adjourned until his clients had had sufficient time to prepare for it. Mr. Robert White, representing the Howell Park Association, stated that this was perfectly acceptable to his clients. • Following some discussion by the Board as to dates, upon motion by Mr. Bierman, seconded by Mr. Corby, the following resolution was unanimously adopted: RESOLVED that the hearing on the application of Howell Park Association be adjourned until the meeting of the Board of Appeals on September 23, 1959, by mutual consent of both attorneys. The secretary then read the second application. APPLICATION NO. 2-- -MRS. MARK D. SOROKO Case # 41 6 The application of Mrs. Mark D. Soroko for modification of Article III, Section 9 of the Zoning Ordinance of the Town of Mamaroneck, as amended, so as to allow the erection of a car-port having a set back of less than 30 feet from the street line at premises located at 263 Murray Avenue, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113, Parcel 116 on the ground of practical difficulty and unnecessary hardship. 49 r The Chairman asked if anyone present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Robert Marcus, Attorney 138 Chatsworth Ave. , Larchmont Isidore Rosenblum 681 Forest Ave. , Larchmont Mrs. Robert Gibson 683 Forest Ave. , Larchmont In Opposition: Mrs. Henry E. Mendes, Jr. 194 Murray Ave. , Larchmont Arthur Smith 213 Murray Ave. , Larchmont William J. Vey 1 Bryson St. , Larchmont Mr. E. Lau, 283 Murray Ave. , Larchmont Mr. Marcus, representing Mrs. Soroko, appeared and submitted the new plan and explained that his client felt that with suitable screening etc. no one would object to the car-port. Mrs. Mendes stated that she felt the car-port was not in keeping with the neighborhood and that it tended to depreciated the property. Mr. Vey and Mr. Lau also said that the was their feeling and again pointed out that there were many houses in the neighbor- hood with the same problem. After further discussion upon motion by Mr. Sobel, seconded by Mr. Schuler the following resolution was unanimously adopted.: WHEREAS, Mrs. Mark D. Soroko on the 13th day of May, 1959, filed with this Board an application for the modification of Article III, Section 9, so as to allow the erection of a 4 car-port having a set back of less than 30 feet from the street line at premises located at 263 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113, Parcel 116, on the ground of practical difficulty and unnecessary hardship; and WHEREAS, this application came to be heard on May 27, 1959, at which time it was adjourned to the next meeting of the Zoning Board on June 24, 1959, in order to submit 50 r a new application with new pland and landscaping details; and WHEREAS, Mrs. Mark Soroko did submit a new application with a new plan; and WHEREAS, this Board has viewed the property and has examined the plans and data submitted by the Appellant and has heard all persons appearing for or against this appeal; and the Board find that no practical difficulty or unnecessary hardship exists: NOW, THEREFORE, BE IT RESOLVED that the application of Mrs. Mark D. Soroko for a variance requesting the modification of Article III, Section 9 of the Zoning Ordinance of the Town of Mamar- oneck, as amended, so as to allow the erection of a car- port having a set back of less than 30 feet from the street line at premises located at 263 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113, Parcel 116, is denied; and it is FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The Chairman requested the secretary to read the third ap- plication. APPLICATION NO. 3---FRANCIS PINTO, ARCHITECT Case # 42 The application of Francis C. Pinto, Architect, for mod- ification of Article III, Section 9 of the Zoning Ordinance of the Town of Mamaroneck, as amended, so as to permit the construction of a one family swelling on premises located on the south east corner of Doris and Prince Willow Lanes and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 333, Parcel 1509, having a set back of less than 40 feet from Doris Lane on the ground that Article III, Section 9 of the Zoning Ordinance of the Town of Mamaroneck as amended, requires that no part of any building shall be built within 40 feet of any street line except that on corner lots such building may be set back a less distance from the side street with the approval of the Zoning Board of Appeals. The Chairman asked if anyone present wished to speak either in favor of or in opposition to this application and the following 51 persons were heard: For Appellant: Mark Devaney, 8 Wagon Wheel Road William Cannella, 2 Washington Square Harry Ekizian, 8 Prince Willow Lane In Opposition Letter from Mrs. Harry A. Rose 6 Salem Drive Letter from Mr. Leo Forchheimer 5 Prince Willow Lane Mr. Pinto, agent for Carmine Sicuranza, submitted a plot plan and explained in detail that due to the irregularity of the plot it was almost impossible to build a house with a 40 foot set back. Mr. Devaney, president of Prince Willows Association, said that he appreciated the difficulty and also the fact that to set the house back 40 feet would necessitate the removal of a beautiful spruce tree, but, he felt that the house could be located in such a way that a 35 foot set back would be possible. Following further discussion, Mr. Pinto agreed to revise his plan providing a 35 foot set back rather than 30 feet, The secretary read two letters, above mentiond, in opposition to this application. Upon motion by Mr. Bierman, seconded by Mr. Sobel, the following resolution was unanimously adopted: WHEREAS, Francis Pinto, Architect, has filed an appeal from a decision of the Building Inspector of the Town of Mamaroneck, refusing a permit for the erection of a one family dwelling having a set back of less than 40 feet from Doris Land on a lot located on the south east corner of Doris and Prince Willow Lands and known on the Tax Assessment s Map of the Town of Mamaroneck as Block 333, Parcel 1509; and WHEREAS, Francis Pinto states that to build the house with the required set back would work undue hardship to the appellant because of the topography of the plat; and WHEREAS, this Board has viewed the property and has examined the plans and other data submitted by the applicant 52 and has heard all persons appearing for or in opposition to this application;and WHEREAS, Francis Pinto has agreed to modify the plan submitted to allow a 35 foot set back rather than a 30 foot set back; NOW, THEREFORE, BE IT RESOLVED that the appeal of Francis Pinto from the de- cision of the Building Inspector refusing the issuance of a permit for the erection of a one family dwelling having a set back of less than 40 feet from Doris Lane on a lot located on the south east corner of Doris and Prince Willow Lanes and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333, Parcel 1509, be granted on the grounds of practical difficulty and unnecessary hard- ship as recited in the application and which this Board finds exists; and it is FURTHER RESOLVED that Article III, Section 9 of the Zoning Ordinance of the Town of Mamaroneck, as amended, relating to set backs on corner lots, on a lot located on the south east corner of Doris and Prince Willow Lanes and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333, Parcel 1509, be varied and modified so as to allow the erection of a one family dwelling with a set back of 35 feet from Doris Lane, as shown on the modified plan, as specified in Article III, Section 9 which requires that no part of any building shall be built within 40 feet of any street line except that on corner lots such building may be set back a less distance from the side street with the approval of the Board of Appeals, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; FURTHER RESOLVED that this variance is granted solely on condition that the following requirements be strictly adhered to: 1. Building shall be built in strict accordance with the modified plan, showing 35 foot set back, filed with this application. FURTHER RESOLVED that in accordance with the Rules and Regulations of the Zoning Board, where a variance 53 is granted the applicant shall obtain a Building Permit within three (3) months of the granting of the variance or the variance becomes vacated. All work must be completed within one year of the issuance of the permit unless the period is extended by the Building Inspector. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:30 p. m. A /"ern Ruth Dammann, Secretary 54