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HomeMy WebLinkAbout1957_06_26 Zoning Board of Appeals Minutes• MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JUNE 26, 1957, IN THE COURT ROOM OF THE MAMARONECK POLICE DEPARTMENT, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER In the absence of the Chairman, Mr. Wullschleger, the meeting was called to order by Mr. Schuler at 8:15 p.m. PRESENT: Mr. George Schuler Mr. Sidney Bierman Mr. Laurence Sobel ABSENT: Mr. A. E. Wullschleger Mr. Robert L. Parsons ALSO PRESENT: Mr. Maurice Friedlander, Town Engineer Mr. Thomas J. MCEvoy, Town Assessor Mr. John L. Delius, Town Attorney APPROVAL OF MINUTES On motion of Mr. Bierman, seconded by Mr. Sobel, the 4 minutes of the meeting held May 22, 1957 were approved as presented. GENERAL REAARKS Mr. Schuler, acting chairman, announced to the applicants present that since there were only three members of the Board present, any decision rec.ched would have to be unanimous, thereeare, if this was not satisfactory to the applicants they could at this time have their hearing �adjourned to another meeting when more members of the oara z,Toula be present. 147 There being no objections the Chairman asked the Secretary to proceed with the Public Hearings. APPLICATION #1 - Constance Fergenson At the request of the Chairman, the Secretary presented the affidavit of publication of the notice of hearing as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on June 19, 1957, and read the first application as follows: Application of Constance Fergenson for modification of Article III, Section 9, of the zoning ordinance, as amended, so as to allow the construction of an extension to the existing attached garage on prem- ises known as Block 405, Parcel 231, on the Tax Assessment Map of the Town of Mamaroneck, located at 7 Meadow Place, Larchmont, which would result in a setback from Carleon Avenue of 22 3/4 feet, on the ground that Article III, Section 9 of the Zoning Ordinance of the Town of Mamaroneck requires that no part of any building shall be built within 30 feet of any street line, except that on corner lots such buildings may be setback a less distance from the side street with the approval of the Board of Appeals. Since there was no one present to represent Mr. Fergenson, on motion by Mr. Bierman, Seconded by Mr. Schuler the following resolution was unanimously adopted: RESOLVED that the hearing on the Application of Constance Fergenson be adjourned to July 24, 1957. The Secretary was instructed to write Mr. Fergenson of this action and advise him that the hearing would have to be readvertised at his expense. 148 APPLICATION # 2 - Martha Warnecke At the request of the Chairman, the Secretary presented the second application as follows: Application of Martha Warnecke for modification of Article III, Section 14, of the Zoning Ordinance, as amended, so as to allow that the 1/l0th of an acre required for one family be allowed for 2 family, on premises known as Block 403, Parcel 314, on the Tax Assessment Map of the Town of Mamaroneck, located at 3 Blossom Terrace, Larchmont, on the ground of prac- tical difficulty and unnecessary hardship arising from her purchase of the premises upon representations made to her that the provisions of the Zoning Ordi- nance permitted the use of these premises as a dwelling for two families. The following persons were heard: For Appellant: Mrs. Martha Warnecke, 3 Blossom Terrace, Larchmont. Mr: .Warren T. Warnecke,116 Wagner Avenue, Mamaroneck, co-owner . In Opposition1, None Mrs. Warnecke stated that she had made application for this variance because of hardship. The house is too large for her as she is a widow and lives Blne, it has six bedrooms and two baths and she is financially unable to carry it unless she can rent part of it to another family; the house was bought from Mr. Hubert Finnerty who was operating in this vicinity at the time; Mrs. Warnecke purchased the house as a one family house but was told that since it was in a two family zone she could convert it at a later date; Mrs. Warnecke said she spoke to Mr. McEvoy, who was then the Building Inspector, who told her the house was in a two family zone and could be converted. 4 At the time Mrs. Warnecke purchased the house other land was available, which had she purchased it, would have made it possible to convert to a two family house. Questioned by Mr. Bierman, Mr. Friedlander produced a certif- icate of occupancy which clearly stated that it was for a one family house. Mr. Bierman asked Mrs. Warnecke for her contract of sale, 'which upon investigation, referred to a one family house and referred to the plans submitted calling for a one 149 family house, which plans were initialed by both parties; Mrs. Warnecke further stated that Mr. Finnerty had agreed to make the conversion later in accordance with supplemental plans. Asked by Mr. Bierman if she had that agreement in writing, Mrs. Warnecke stated that she did not; Mrs. Warnecke said she was represented by Mr. Louis Zingesser at the closing but had no lawyer previous to that time; Mrs. Warnecke stated that other houses on Blossom Terrace were used as two family houses in violation of area restrictions. Mr. Schuler referred to variances applied for by Mr. Finnerty, which had to do with set back restrictions. The first appli- cation was denied but the second was granted, allowing Mr. Finnerty a 20 foot rather than a 30 foot set back. These app- licatdns were made by Mr. Finnerty on the basis of one family houses not two familyhouses andwere granted on that basis. Mr. Friedlander submitted certified copies of these resolutions #4459 dated 1/12/56 and #4475 dated 2/7/56, which were made part of the record. Mr. Schuler asked if anyone else wished to speak in favor of this application. Mr. Warren Warnecke stated that he wished to support his mother in this action as she would be forced to sell the house if the request was denied. He further stated that his mother had bought the house in good faith and unfortunately had not been advised as to area restrictions. Mr. Schuler asked Mr. McEvoy if he wished to make a statement, Mr. McEvoy stated that he had told Mrs. Warnecke her house was in a two family zone but had at no time given her any assurance her house could be used for two families because of area re- strictions. Mr. Bierman asked Mr. Friedlander if there were any other houses in violation of the zoning ordinance. Mr. Friedlander said yes there were approximately four. Mr. Sobel called the attention of Mrs. Warnecke to the fact that the Board had refused a variance on similar grounds to G Frank Negri of 2 Blossom Terrace, who had also purchased his house from Mr. Finnerty on almost identical state of facts. The Board also examined a petition signed by several property owners, and Mr. Sobel pointed out that Mr. Santoro had been in favor of Mr. Negri 's application with the understanding that no other density variance would be granted in that area. 150 Upon determining that no one else wished to be heard either for or against this application, on motion by Mr. Sobel, seconded by Mr. Bierman, the following resolution was uanai- mously adopted: WHEREAS, Martha Warnecke, has filed an application for a use variance requesting a modification of Article III, Section 14, as amdende, of the Zoning Ordinance of the Town of Mamaroneck, so as to allow the 1/10 of an acre required for one family houses be allowed for a two family house, on premises located at 3 Blossom Terrace, Larchmont and known as Block 403, Parcel 314, on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, Martha Warnecke requests that because of practical difficulty and unnecessary hardship this Board grant a variance; and WHEREAS, this Board has viewed the property and has examined the data submitted by the Appellant, and has heard all persons appearing for or against the appeal; NOW, THEREFORE, BE IT RESOLVED that the application of Martha Warnecke, for a variance requesting modification of Article III, Section 14, as amended, of the Zoning Ordinance of the Town of Mamaroneck, so as to allow a two family house located at 3 Blossom Terrace and known as Block 403, Parcel 314, on the Tax Assessment Hap of the Town of Mamaroneck, upon a plot or lot containing less that 1/5 of an acre, is denied, on the ground that Appellant has failed to show any practical difficulty or un- necessary hardship; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. APPLICATION # 3 -- Moses Canuner At the request of the Chairman, the Secretary presented the third application as follows: Application of Moses. Ca_mmer for modification of Article II, Section 6, Subsetion 3, of the Zoning Ordinance, so as to allow the erection of a playhouse with less than 3 feet from the rear and side property line, on premises known as Block 218, Parcel 344, on the Assessmant Map of The Town of Mamaroneck, located at 91 West Garden Road, Larchmont, on the grounds that there is practical diffi- culty and unnecessary hardship in conforming with the pro- visions of the Zoning Ordinanace. 151 The following persons were heard: For Appellant: Mrs. Moses Cammer Mr. Moses Cammer Ia._Opposition: Mrs. Harold Olson 95 Garden Road West Larchmont, New York Mrs. Calmer appeared and said the shed was used for the storage of bicycles and tools rather than a playhouse as the garage was not adequate for storing these things; she explained that the shed had been erected on a 6“ concrete slab and that this had been done without a permit as they had been ignorant of the necessity for such a permit. Mr. Cammer stated that he saw no harm in leaving the shed in its present location since it was fairly well concealed by foliage and moving it would cause hardship, however, he would abide by the Board's decision. Mrs. Harold Olson appeared and stated that she felt the shed cheapened the neighborhood and that she an some of the other neighbors felt that the shed should be removed completely. Mr. Sobel called attention to the previous application filed by Mr. Cammer, dated December 2211956, which was withdrawn by Mr. Cammer on January 23, 1957, with the understanding that the shed would be removed by May 31, 1957. Thereupon, after the Chairman had ascertained that no other person wished to speak either for or against this application, on motion by Mr. Bierman, seconded .by Mr. Schuler, the following resolution was unanimously adopted: WHEREAS, Moses Cammer has filed an appeal from a decision of the Building Inspector refusing the issuance of a permit for the use of a shed on premises located at 91 West Garden Road, and known as Block 218, Parcel 344 on the Tax Assessment Map 4 of the Town of Mamaroneck: and . WHEREAS, Moses Carmuner request that because of practical difficulty and unnecessary hardship this Board grant a variance and over-rule the decision of the Building Inspector; and WHEREAS, this Board has viewed the property and has examined the data submitted by the Appellant, and has heard all persons appearing for or against the appeal, 152 NOW, THEREFORE, BE IT RESOLVED, that the appeal of Moses Cammer from the decision of the Building Inspector refusing the issuance of a permit for the use of a shed on premises located at 91 hest Garden Road and known as Block 218, Parcel 344 on the Tax Assess- ment Map of the Town of Mamaroneck, is denied, on the ground that the Appellant has failed to show any practical difficulty or unnecessary hardship; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. APPLICATION # 4 - John Civettini At the request of the Chairman, the Secretary presented the fourth application as follows: Application of John Civettini for modification of Article III, Section 9, of the Zoning Ordinance, as amended, so as to allow a 20 foot setback rather than the required 30 foot setback, on premises known as Block 410, Parcel 642 on the Tax Assessment Map of the Town of Mamaroneck, located at 14 Plymouth Road, Larchmont, on the ground of practical difficulty and unnecessary hardship arising from the topographical characteristics in conforming with the provisions of the Zoning Ordinance. The following persons were heard: For Appellant: Mr. John Civettini Mr. Sal Fazio 30 Weaver Street Larchmont, New York Mr. Civettini appeared and stated that due to a rock ledge it was impractical to build his house 30 feet from the street. He explained that he planned to build a one story 6 room house 4 and would keep it in line with other houses on Plymouth Road. Mr. Sobel asked if he planned to do any blasting and Mr Civettini replied that some blasting would be necessary. Mr. Friedlander submitted a a map made by Sal Spinelli, 405 Ward Avenue, Mamaroneck , Showing that the rock ledge starts 32 feet from Plymouth Road. Mr. Fazio appeared and said that he felt the house would be an improvement to the neighborhood. 153 Thereupon, after the Chairman had ascertained that no other person wished to speak either for or against this application, on motion by Mr. Schuler, seconded by Mr. Bierman, the follow- ing resolution was unanimously. adopted: WHEREAS, John Civettini has filed an appeal from a decision of the Building Inspector of the Town of Mamaroneck, refusing a permit for the construction of a house located at 14 Plymouth Road, and known as Block 410, Parcel 642 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, John Civettini requests that because of topographical characteristic@ this Board grant a variance and over-rule the decision of the Building Inspector; and. WHEREAS, this Board has viewed the property. and has examined the plans and other matter submitted by the applicant, and has heard all persons appearing for or against the appeal: NOW, THEREFORE, BE IT RESOLVED, that the appeal of John Civettini from the decision of the Building Inspector refusing the issuance of a permit for the construction of a building on premises located at 14 Plymouth Road and known as Block 410. Parcel 642 on the Tax Assessment Map of the Town of Mamaroneck, be granted on the grounds of practical difficulty an unnecessary hardship as recited in the application and which this Board finds exists; and it is FURTHER RESOLVED, that the application of the provision of the Zoning Ordinance of the Town of Mamaroneck, i.e. Article III, Section 9 of the Zoning Ordinance as amended, relating to set back requirements on premises located at 14 Plymouth Road and known as Block 410, Parcel 642 on the Tax Assessment Map of the Town of Mamaroneck, be varied and modified so as to allow the construction of a one family house having a set back of 20 feet from the street rather than the required 30 feet, provided that the applicant complies in all other respects with the Zoning . • Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that this decision be filed with the Town i 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 9:15 p.m. , to reconvene on the fourth Wednesday of July 24, . 1957 . ai V1 )-01/3'1'1N11 Ctiv\---v`-- Acting Secretary 154