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HomeMy WebLinkAbout1950_06_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS HELD JUNE 28th, 1950, AT LL EDGEWOOD AVENUE, LARCHMONT, N. Y. Mr. Quinn called the meeting to order at 8: 15 P . Y. PRESENT: Mr. Quinn, Chairman Mr. Mink Mr. Burke Mr. Butterfield • ABSENT: Mr. Wullschleger Presence was also noted of Mr. Foote and Mr. Delius On motion by Mr. Mink, seconded by Mr. Butterfield, the minutes of May 24th, 1950, were approved as presented. The first application before the Board was that of David Cvaniga for modification of Article II, Sections 4 and 7 to permit the con- struction of . a building to be used for repairs to auto bodies and fender work, within the business zone, 100 feet wide, on premises on the south side of Boston Post Road, 90 feet west from Deane Place, known on the Tax Assessment Map of the Town of Mamaroneck as Block 505, Parcel 433. Mr. Cvaniga appeared in his own behalf and addressed the Board. He submitted plans of his building which is to be 501 x 401 and also submitted piansxm2xhixxlmihkillIg a survey. He said he planned to use buffers, presses and would employ 4 or 5 people. He said there would be no repairing of trucks and no gasoline. The building would set back about 50 feet from the street. There would be no storage. No one else appeared in favor of the application. The following people registered opposition: Mr. Raphael J . Macaro, an attorney, 45 Main Street, Tuckahoe, N . Y. represented Mr. Richard DiCicco, Floral Park, and Mr. Paul Votano 417 Boston Post Road. Mr. Macaro addressed the Board. Mr. Thomas P . Brooks, 7 Locust Terrace . Mrs. A . T . Newkirk, 56 Dillon Road, said she was not affected by this application but she wished to speak in behalf of her friends, the Poples, Thompsons and Phillips, who would be affected. Margaret FitzGerald,Carroll and husband, 9 Locust Terrace. Edwin C . Hoffman, 10 Locust Terrace. At this point, Mr. Domenick Stallone, 36 South 8th Street, Mount Vernon, N . Y. , who operates or is employed by Sound View Motors, said he would like to speak in favor of the application. -94- The next application before the Board was that of Louis Braido for modification of Article III, Section 9 of the Zoning. Ordinance to permit the erection of a one family dwelling ;ith set-back of 15 feet 6 inches from the street line of East Garden Road, on premises at the corner of East Garden Road and East Brookside Drive, known on the Tax Assessment Map of the Town of Mamaroneck as Block 214, Parcel 280. Mr. Braido appeared in his own behalf and submitted plans. Mr. Delius asked Mr. Braido when he had purchased the lot in cuestkon and Mr. Braido replied that, as yet, he did not own the lot nor had he any contract to purchase . He said that whether or not he purchased the lot, depended on the outcome of this meeting. No one else appeared in favor of this application. The following registered their opposition to the application: Mr. W. S . Gardiner, 14 E . Brookside Drive addressed the Board and submitted a petition signed by 37 37 people, opposing the application. This was ordered received and filed. Mr. J . C . Baquie, 126 E. Garden Road Mr. Ward Smith, 115 E. Garden Road Mr. Thomas Carney, 35 W. Erookside Drive Mr. Arthur Sherman, 130 E. Garden Road Mr. Clinton Pell, 20 Little Farms Road Mr. R. F. Barker, 10 E. Erookside Drive Mr. Alex Gest, 19 W. Brookside Drive Mr. E. J . Lyons, 125 Hickory Grove Drive Mrs . Coe Suydam, 128 W. Garden Road Mr. G . C . Stein, 1 E . Brookside Drive Mr. R . C . Wahlig, 11 Ellsworth Road The next application before the Board was that of Polly D. Marquis for modification of Article III, Section 9 of the Zoning Ordinance, to permit extension on front of house to come within the 30 f.00t res- triction, to wit, 29 feet 4 inches from the front street lire, on premises on the north side of East Garden Road, 125 feet mor or less, east from East Brookside Road, known on the Tax Assessment Map of the Town of Mamaroneck as Block 212, Parcel 25 . Mr. Byron Marruis appeared in behalf of the application, addressed the Board, and submitted plans. -95- There was no opposition to this application. The following people registered their approval of the application: Mr. V. S. Gardiner, 14 F. Brookside Drive Mr. J . C . Baquie, 126 E. Garden Road Mr. Ward Smith, 115 E. Garden Road Mr . Thomas Carney, 35 W. Brookside Drive Mr. A rthur Sherman, 13J E. Garden Road Mr. Clinton Bell, 20 Little Farms Road Mr. R. F . Barker, 13 E. Brookside Drive Mr. Alex Gest, 19 W. Brookside Drive Mr. E . J . Lyons, 125 Hickory Grove Drive Mrs. Coe Suydam, 128 11. Garden Road Mr. G . C . Stein, 1 E . Brookside Drive Mr. R . C . Wanlig, 11 Fllsworth Road The next application before the Board was that of Dr. Joseph Carlucci for modifidation of Article III, Section 9 of the Zoning Ordinance to permit the erection of a residence within 30 feet of Weaver Street, to wit, 20 feet, on premises on the northwest side of Weaver Street, known on the Tex Assessment Map of the Town of Mamaroneck as Block 104, Parcel 92. Dr. Carlucci appeared in behalf of the application and addressed the Board. He also submitted a plot plan and plans of the house. No one else appeared in favor of the application. Mr. Walter Roe, 584 Weaver Street, registered opposition to the appli- cation. He asked Dr. Carlucci whether he planned to have patients come to his home and the Doctor replied in the negative. Mr. Delius asked Dr. Carlucci when he purchased the property and he replied, "About 3 weeks ago." The next application before the Board was that of Shirley L . Goode for reconsideration of En application for modification of Article II, Section 4 of the Zoning Ordinance to permit the erection of a. sales office for used car business on premises on the north side of Boston Post Road, 600 feet east from the New Rochelle-Town of Mamaroneck line, known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Parcel 342. Upon motion by Mr. Burke, seconded by Mr. Mink, it was unanimously RESOLVED that this Board hereby agrees to reconsider this application. Mr. Goode, who appeared in his own behalf, was also represented by Mr. Edward Payne. -96- No one else appeared in connection with this application. *r**** * The Board went into executive session and took up first the matter of the application of Shirley Goode for reconsideration of his previous application. After discussion of this application, which the Board had agreed to reconsider, upon motion duly made and seconded, it waE RESOLVED that the determination or decision of this # Board upon the application of Shirley Goode, made on May 24th, 1950, and reconsidered at this meeting, is hereby affirmed. A vote taken upon this resolution resulted as follows: AYES: Mr. Quinn M r. M i nk Mr. Burke Mr. Butterfield NOES: None ******** The Board next considered the application of David Cvaniga, and upon motion duly made and seconded it was RESOLVED that the application of David Cvaniga for modification of Article II, Sections 4 and 7 to permit the construction of a building to be used for repairs to auto bodies and fender -'ork, within the business zone, 103 feet wide, on :remises on the south side of Boston Post Road, 90 feet west from Deane Place, known on the Tax Assessment Map of the Town of Mamaroneck as Block 505, Parcel 433, 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 upon this resulted as follows: AYES: Mr. Quinn Mr. Butterfield Mr. Mink Mr. Burke NOES: None The Board considered the application of Louis Braido, and upon motion duly made and seconded, the following resolution was adopted: -97- WHEREAS, Louis Braido has made application to this Board for mcaaification of Article III, Section 9 of the Zoning Ordinance to permit the erection of a one-family dwelling with a set-back of 15 feet 6 inches from the front street line of East Garden Road on premises at the corner of East Garden Road and East Brookside Drive, known on the Tax Assessment Map of the Town of Mamaroneck as Block 214, Parcel 280; and WHEREAS, it appears: (a) That applicant is neither the owner nor contractual vendee and, therefore, has no standing as an applicant for a variance before this Board; (b) That the plot plan submitted by the applicant for the erection of the proposed building shows probably violations in other respects than an insufficient front set-back; and (c) That the construction of the building, as shown on the plan submitted, may create a traffic hazard insofar as it : revents a clear vision at the intersection of East Brookside Drive and East Garden Road; NOW, THEREFORE, ICE IT RESOLVED that the application of Louis Braido for modi- fication of Article III , Section 9 of the Zoning Ordinance to permit the erection of a one-family dwelling with set-back of 15 feet 6 inches from the street line of East Garden Road, on premises at the corner of East Garden Road and East Brookside Drive, known on the Tax Assessment Map of the Town of Mamaroneck as Block 214, Parcel 280, be and the same hereby is denied upon the grounds: (1) That the applicant is not properly before this Board; (2) That the plan submitted fails to comply with the Zoning Ordinance in other respects than the front set-beck for which the variance is asked; and (3) That the applicant has failed to show unnecessary hardship or practical difficulty in abiding by the pro- visions of the Ordinance. A vote taken on this resolution resulted as follows: AYES: Mr. Quinn Mr. Butterfield M r. Mink Mr. Burke NOES: None -98- The Board took up the application of Dr. Joseph Carlucci and de- cided, after discussion, to adjourn it for further investigation and a report by the Building Inspector. ********** The Board discussed the application of Polly D. Marquis and upon motion duly made and seconded, the following resolution was adopted: WHEREAS, Polly D. Marquis has appealed from a decision of the Building Inspector, denying her application for a permit for an ! extension to the front of her house to come within less than 30 feet of the front street line but within the exterior lines of the present building including the front porch, which building is a non- conforming use; and WHEREAS, said appeal is predicated upon the grounds of unnecessary hardship and practical difficulty in complying with the strict provisions of the Ordinance because of the impracticability of improving the present structure so as to make it conform -rith the present restrictions and it appearing to the Board that the variance, if granted, would not be detrimental to the public safety, welfare or health, NOW, THEREFORE, 13F IT RESOLVED that the appeal of Polly D . Marquis be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting the ex- tension or alteration to a one-family dwelling on the north side of East Garden Road, 125 feet, more or less, from East Brookside Drive, known on the Tax Assessment Map of the Town of Mamaroneck as Block 212, Parcel 25, so that the same will come within less than 30 feet of the front street line of East Garden Road, provided, however, that such alteration or extension be within the exterior lines of the building as now constructed including the front porch, which building is a non-conforming use, and provided also that applicant comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck and that the extension or alteration be made in accordance with plans submitted. There being no further business to come before this meeting, it adjourned at 11: 10 P . M. cecreta . ,_� � —