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HomeMy WebLinkAbout1950_03_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD IN THE BOARD ROOM AT 11 EDGEWOOD AVENUE, LARCHMONT, NEW YORK, ON THE 22nd DAY OF MARCH, 1950. The meeting was called to order by Mr. G uinn at 8 P. M. PRESENT: Mr. Cornelius J. Q uinn, Chairman Mr. Henry W. Butterfield Mr. A rthur E. Wullschleger Mr. Morgan J. Burke, Jr. ,, Mr. Charles F. Mink ABSENT: None On motion made by Mr. Burke, seconded by Mr, Mink, it was unani- mously RESOLVED that the minutes of the previous meeting of this Board, held February 23rd, 1950, be and they hereby are approved as presented. The first application before the Board was that of Daniel Ciaffoletti for modification of Article III, Section 9 of the Zoning Ordinance, to permit the erection of a one-family dwelling on premises on the east side of Weaver Street, 50 feet north from Ferndale Place, which premises are known on the Tax Assessment Map as Block 406, Parcel 72, with a set-back from Weaver Street of 20 feet. Mr. Mink disqualified himself from considering this application as he had made some drawings for the house to be erected. Mr. Ciaffoletti appeared in behalf of his application and addressed the Board. He said that if he were obliged to keep back 30 feet from the street line, he would be back further than the house next door to him (the Higbee house) and would have difficulty in con- necting with the sewer. Mr. William H. Johnson, representing his father-in-law, Mr. E. B. Higbee, the adjoining property owner, appeared and submitted a sketch showing the subject property and that of Mr. Higbee' s. Mr. Johnson stated that Mr. Higbee would have no objection to a variance in connection with this property, if the house is con- structed on the line with Mr. Higbee' s house. Mr. Ciaffoletti said this would be entirely satisfactory to him. The next application before the bard was that of J. F. Alien and Otto Jensen for modification of Article III, Section 9 of the Zoning Ordinance to permit the erection of a one-family residence 73 A • on premises on the east side of Bonnie Way, corner of Weaver Street, which premises are known on the Tax Assessment Map es block 106, Parcel 490, with a rear yard of less than the required 15% average depth of plot. Mr. Jensen and Mr. Viggo Borgen, representing Mr. Allen, appeared - in behalf of the application. Mr. Borgen addressed the• Board and submitted a plot plan and plans of the house. • The following persons registered opposition to the application: Mr. Henry Leslie, 17 Althea Lane Mr. R. C. Dalton, 21 Bonnie Way Mr. E. N. West, 20 Bonnie Way Mr. C . N. Burris, 10 Bonnie Way Mr. Leslie said he represented Mr. C. W. Moody and presented a letter from the latter, which was received and filed. Mr. H. B. Prior, 22 Althea Lane, represented Mr. J. G. Buss, the owner of the property adjoining the subject property, and submitted a telegram from Mr. Buss which was received and filed. After discussion, it was decided to adjourn the hearing on this application to April 5th, to give all interested parties an oppor- tunity to try to reach some agreement. The third application before the Board was that of Carl A. Guglielmo, for modification of Article III, Section 9 of the Zoning Ordinance to permit the erection of a one-family dwelling on premises on the south side of Beresford Lane, 300 feet from Avon Road, which premises are known on the Tax Assessment Map as Block 206, Parcel 389, with a 30 foot set-back instead of the 38 foot set-back rre- viously granted. Mr. Guglielmo was represented by Mr. Borgen who stated that the surrounding property owners are all in favor of this application. Mr. Jack N . Heed, the owner of the property immediately adjoining the subject property, said he represented Mr. Weiler and Mr. Schar- bough, property owners in that vicinity, and submitted a letter from Mr. Scharbough which was received and filed. Mr. Heed said that the residents in that section all feel that for the general good in that section, the set-backs should be 30 feet instead of 40 feet. Mr. Alfred Willis said he was in favor of the application. ** Mr. Frank Casciaro, 96 Myrtle Boulevard, appeared before the Board and said he would request the Board to again consider his applica- tion which was made to the Board on January 25tn, 1950. He sub- 75' :Witted a sketch of the plot showing the contemplated garage to- gether with a blue print of the garage. He explained the situa- tion in detail, and Mr. Quinn informed him that the Hoard would again consider the matter as it seemed as though the original application had not been fully presented to the Board. ****** The Board further discussed the applications in executive session and on motion duly moved and seconded, the following resolution was adopted: WHEREAS, Daniel Ciaffoletti has taken an appeal from a decision of the Building Inspector denying a building permit for the erection of a building on premises known as Block 406, Parcel 72, in accordance with plans and specifications submitted to the Building Inspector, and it appears that the Building Inspector has denied the granting of such permit for the reason that the building, according to the plot plan submitted, is not in conformity with Article III, Section 9 of the Zoning Ordinance which re- cuires a minimum of 30 feet from the front street line on a road or street dedicated to public use; and WHEREAS, this Board, pursuant to the usual notice duly published, held a public hearing on this appeal on the 22nd day of March, 1950, at which various persons appeared; and WHEREAS, an examination of said plot plan indicates that there are practical difficulties and unnecessary hardship in the improvement of said property, arising from the topography of the lot which falls off at a sharp grade from the street line, making it difficult to connect the house sewer with the sanitary sewer in the bed of Weaver Street; and WHEREAS, this Board has determined that it is therefore impractical for the applicant to erect a building upon the property in cuestion in conformity with the Ordinance, NOW, THEREFORE, BE IT RESOLVED that the said appeal from the determination of the Building Inspector be allowed and the deter- mination of the Building Inspector reversed and that he be and hereby is directed to issue to the applicant, a building permit for the erection of a dwelling upon said premises in accordance with the plot plan sub- mitted,which shall have a set-back of not less than 17.75 feet from Weaver Street, provided that in all other respects the applicant abide by the provisions of said Ordinance and the Building Code of the Town of Mamaroneck. A vote on this resolution resulted as follows: AYES: Mr. Quinn, Mr. Butterfield, Mr. Wullschleger, Mr. Burke NOES: None On motion duly made and seconded, the following resolution was adopted: WHEREAS, Carl Guglielmo has taken an appeal from a deci- sion of the Building Inspector denying a building permit for the erection of a building on premises known as Block 206, Parcel 389 in accordance with plans and specifications submitted to the Building Inspector, and it appears that the Building Inspector has denied the granting of such permit for the reason that the building, according to the plot plan submitted, is not in con- formity with Article III, Section 9 of the Zoning Ordinance which rewires in the case of said plot or lot, a set-back of 40 feet from the front street line on a road or street dedicated to public use; and WHEREAS, this Board previously and on January 25th, 1950, granted a variance upon the application of the said Carl Guglielmo, allowing, among other things, a set-back from the front street line of not less than 38 feet; and WHEREAS, it now appears from an examination of the plot and the surrounding properties that there is unnecessary hardship in constructing said building with a set-back of more than 30 feet from the front street line, owing to the comparatively small area of the rear yard of this property and the property adjoin- ing it on the rear, NOW, THEREFORE, BE IT RESOLVED that the said appeal from the determination of the Building Inspector be allowed and the determination of the Building Inspector reversed and he hereby is directed to issue to the applicant, a building permit for the erection of a dwelling upon said premises in accordance with the plot plan submitted which shall have a frontage of not less than 30 feet from Beresford Lane, provided that in all other respects the applicant abide by the provisions of said Ordinance and the Building Code of, the Town of Mamaroneck. A vote on this resolution resulted as follows: AYES: Mr. Quinn, Mr. Butterfield, Mr. Wuilschleger, Mr. Burke and Mr. Mink NOES: None The Board discussed the matter of Mr. Casciaro' s application for re-consideration and it was decided to hold this matter over until the next meeting in order that notice may again be published. There being no further business to come before the meeting, it adjourned at 10:10 P. M. rSecretary