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HomeMy WebLinkAbout1951_06_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD IN THE COURT ROOM OF THE MAMARONECK TOWN POLICE STATION AT 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK, ON JUNE 27th, 1951 AT 8 P . M. The meeting was called to order by Mr. Wullschleger. PRESENT: Mr. Wullschleger, Chairman Mr. Burke Mr. Rigano Mr. Maggini Mr. Brush ABSENT: None Presence was also noted of the Building Inspector, Mr. McEvoy, the Town Attorney, Mr. Delius, and the Clerk to the Board, Mrs. Barnes. On motion duly made and seconded, the minutes of the meetings of May 23rd and June 9th, 1951, were approved as presented. The Chairman welcomed Mr. Maggini as a new member of the Board. The first application before the Board was that of Peter Longhi for modification of Article II, Section 6 and Article III , Section 9 of the Zoning Ordinance to permit the enlargement of a non-conforming one- family dwelling by adding thereto an attached garage which will be less than 30 feet from the front street line of Lester Place. Mr. Eugene Longhi appeared representing the application and addressed the Board. He said there is a large rock or boulder in the rear of the property which would make it extremely difficult to erect a detached garage with a 75 foot front set-back. In addition to this, he said, water seeps into the house on the premises and it is applicant' s belief that the erection of the proposed garage will cure this condition. There was no opposition to this application. The Clerk stated that the surrounding property owners had been notified of this application. The next application before the Board was that of Carnoy-Wolter Con- struction Corp. for modification of Article III, Section 9 axxaxniadx of the Zoning Ordinance as amended, to permit the erection of a one- family dwelling on the north side of Larchmont Ridge Road, known as 2 Larchmont Ridge Road and as Block 226, Parcel 258 on the Tax Assessment Map, Town of Mamaroneck, with a front set-back of less than 40 feet. Mr. Wolter represented the application and submitted a survey of the subdivision in which the proposed house will be built. The Clerk stated that the surrounding property owners had been notified of this application. -37- There was no opposition to this application. The third. application before the Board was that of Cook' s 1265 Corpora- tion, (Jerry Cook, President) for modification of Article II, Section 4 of the Zoning Ordinance of the Town of Mamaroneck, to permit the in- stallation, maintenance and operation of kiddy rides upon a portion (approximately 30' x 90' ) of Block 412, Parcel 449, on the east side of Boston Post Road, 464.76 feet northeast from Ridge Road, in the Town of Mamaroneck, for the purpose of entertaining children of cus- tomers who come to applicant' s restaurant and for the purpose of in- creasing applicant' s business. Mr. Edward F. X. Ryan, 2 Thompson Place, Larchmont, an attorney, addressed the Board. The Clerk stated that the surrounding property owners had been notified of this application. A shorthand report of this proceeding was made by Mr. John Priscantelli and a transcript of his minutes is filed and incorporated herein by reference. The last application to come before the Board was that of George P . Forbes, Jr. , Attorney and Agent for William T . Wood Estate, for modi- fication of Article II, Section 4 of the Zoning Ordinance, to permit the construction and maintenance of a gasoline service station on the south side of the Boston Post Road, corner of Boston Post Road and Hommocks Road, in the Town of Mamaroneck, known as Block 412, Parcel 309, on the Tax Assessment Map of the Town of Mamaroneck. The Clerk stated that the surrounding property owners had been noti- fied of this application. In this case also, a shorthand report of the proceeding was made by Mr. Priscantelli and a transcript of his minutes is filed and incorpor- ated herein by reference. ****** The Board went into executive session and after discussion, upon motion duly made and seconded, the following resolution was adopted: f WHEREAS, Peter Longhi has taken an appeal from the decision of the Building Inspector denying his application to permit the erection of an attached garage to be less than 30 feet from the front property line on premises on the north side of Lester Place, known as 28 Lester Place and as Block 130, Parcel 136 on the Tax Assessment Map, Town of Mamaroneck; and WHEREAS, the application came on duly to be heard before this Board at its regular meeting, held June 27th, 1951; and -38- WHEREAS, it appears that it would be an unnecessary hardship be- cause of rock and water conditions on his lot, to require the appli- cant to comply with the strict provisions of the Ordinance with res- pect to the enlargement of non-conforming buildings under Article II, Section 6 and Article III, Section 9 of the Zoning Ordinance, NOW, THEREFORE, BE IT RESOLVED that the appeal of Peter Longhi be and the same hereby is allowed and tie decision of the Building Inspec- tor reversed to the extent of cermitting the enlargement of a non-conforming one-family dwelling by adding thereto, an attached garage which will be less than 30 feet from the front line of Lester Place as shown on the plot plan and drawings filed in connection with this application, provided, however, that applicant comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote taken on this resulted as follows: AYES: Mr. Wullschleger Mr. Burke Mr. Rigano Mr. Maggini Mr. Brush NOES: None After discussion of the application of Carnoy-Wolter Construction Corp. , upon motion duly made and seconded, it was RESOLVED that the application of Carnoy-Wolter Construction Corp. for modification of Article III, Section 9 as amended, of the Zoning Ordinance, to permit the erection of a one- family dwelling on the north side of Larchmont Ridge Road, known as 2 Larchmont Ridge Road and as Block 226, Parcel 258 on the Tax Assessment Map, Town of Mamaroneck, with a front set-back of less than 40 feet, be and the same hereby is denied upon the ground that the applicant has failed to show unnecessary hardship or practical difficulty in abiding by the provisions of the Ordinance. A vote taken on this resulted as follows: • AYES: Mr. Wullschleger Mr. Burke Mr. Rigano Mr. Maggini Mr. Brush NOES: None -39- J After discussion of the application of Cook' s 1265 Corporation, upon motion duly made and seconded, it was RESOLVED that the application of Cook' s 1265 Corporation (Jerry Cook, President) for modification of Article II, Section 4 of the Zoning Ordinance of the Town of Mamaroneck, to permit the installation, maintenance and operation of kiddy rides upon a portion (approximately 30' x 90' ) of Block 412, Parcel 449, on the east side of Boston Post Road, 464.76 feet northeast from Ridge Road, in the Town of Mamaroneck, for the purpose of entertaining children of customers who come to applicant' s restaurant and for the purpose of increasing applicant' s business, be and the same hereby is denied upon the ground that the applicant has failed to show unnecessary hardship or practical difficulty in abiding by the provisions of the Ordinance. A vote taken on this resulted as follows: AYES: Mr. Wullschleger Mr. Burke Mr. Rigano Mr. Maggini Mr. Brush NOES: None After discussion of the application of George P . Forbes, Jr. , Attorney and Agent for William T. Wood Estate, upon motion duly made and seconded, it was RESOLVED that the application of George P. Forbes, Jr. , Attorney and Agent for William T. Wood Estate, for modification of Article II, Section 4 of the Zoning Ordinance, to permit the construction and maintenance of a gasoline service station on the south side of the Boston Post Road, corner of Boston Post Road and Hommocks Road, in the Town of Mamaroneck, known as Block 412, Parcel 309, on the Tax Assessment Map of the Town of Mamaroneck, be and the same hereby is denied upon the ground that the applicant has failed to show unnecessary hardship or practical difficulty in abiding by the provisions of the Ordinance. AND IT IS FURTHER RESOLVED that upon the proof submitted by the applicant and the record and all proceedings in connection with this application, including the Board' s inspection of the premises and the surrounding area, the said application for the location of a gasoline service station at the southeasterly corner of Boston Post Road and Hommocks Road is hereby denied. -40- J A vote taken on this resulted as follows: AYES: Mr. Burke Mr. Rigano Mr. Maggini NOES: Mr. Wullschleger Mr. Brush There being no further business to come before the meeting, it ad- journed at 10: 30 P . M. 4 -41-