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HomeMy WebLinkAbout1954_03_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE 1010 OF MLAAROr ECK, HELD MARCn 24, 1954, IN THE COURT ROOM OF THE MAMARONECK TOWN POLICE DEPARTMENT, ll EDGEWOOD AvENUE, TOWN OF MAMARONECK. Mr. Wullschleger called the meeting to order at 8 P. M. PRESENT: Mr. Wullschleger, Chairman Mr. Rigano Mr. Maggini Mr. Schuler ABSENT: Mr. Burke Presence was also noted of Mr. Kane from the Building Department, and Mrs. Barnes, Clerk to the Z oning Board and Recording Secretary. On motion duly made and seconded, the minutes of the previous meeting, held February 24, 1954, were approved as presented. The Board first took up the matter of the application of John Irwin Dugan for a variance to allow parking of automobiles on premises known as Block 133 part of Parcel 299 on the Tax Map, which had been laid over from the meeting of February 24th. Mr. Dugan appeared and stated that the land in q uestion is presently being used by tenants of Stonecrest Apartments for purposes of park- ing and, inasmucn as the County of Westcnester (owner of the property) is considering prohibiting said parking because of possible accidents and insurance problems, he had decided he would lease the land, try to obtain a variance to permit parking and thus regularize something whicn has been going an for years. The land will be re-surfaced to the extent that funds provide. Under the least it is not permitted to cut trees. Parking will be only one car deep. Mr. Dugan had a letter dated January 23, 1953 from Mr. Haight, Super- intendent of the Park Commission of Westcnester County, in which it was stated that the owners of Stonecrest Apartments had rejected the idea of renting the property and providing parking space for tneir tenants. The lease to Mr. Dugan has only 10 months to run. Mr. Louis M. Bernstein, 1 Huguenot Drive, appeared for the Larchmont Hills Civic Association. He said that association is conscious of the parking problem but is opposed to this application because grant- ing it would be setting an unhealthy precedent. It would not be a variance as normally understood and practiced by the Zoning Board, rather, it would be a change of zoning. The Larchmont Hills Civic Association opposes the application. Mr. A. G. Bogardus, 17 Overlook Terrace, said he agreed completely with Mr. Bernstein. He said it is hoped that a Planning Commission will be created in Town and that such a commission will take up tree matter of parking. -165- The following people registered objection to the application: Mr. Juliah Bers, 9 Lafayette Road Mr. Nicholas Leone, 172 Myrtle Boulevard Mrs. Warner F. Apt, 7 Lafayette Road Mr. Edward Leone, Murray Avenue There were approximately 22 people present in favor of the application, all residents of Stonecrest Apartments. Mr. Bernstein agreed there is a hardship for the people of the Stonecrest Apartments, but stated it is not the kind of hardship which s,ould pro- perly come before the Zoning Board. The next application before the Board was tnat of Lionel P. Marks for modification of Article II, Section 7 of the Zoning Ordinance as amended, to permit a private garage to be located less than 75 feet from the front property line, i.e. 40 feet, and less than 3 feet from the side property line, i.e. 1 foot, on premises located on the southeast side of Howell Avenue, known as 60 Howell Avenue and also known as Block 405 Parcel 208 on the Tax Assessment Map of the Town of Mamaroneck. Mr. Marks appeared in his own behalf and submitted a plot plan and plan of the proposed garage. The plot plan showed an existing garage located in the rear of his premises which Mr. Marks said he does not plan to remove. He cannot use this garage because of a large elm tree almost in front of it, which he does not wish to cut down or destroy. He also submitted photographs of the proposed garage which will be a prefabri- cated building to house one car. Mrs. Winton Miller, 125 Weaver Street and Mr. John Goldsmith, Carleon Avenue, expressed themselves in favor of the application. J. Mr./Irving Kaufman, Jr. , 66 Howell Avenue and Mr. Earle H. Rodney, Jr. , 65 Howell Avenue, expressed opposition to the application. Mr. Kaufman occupies the house next door and objected to the idea of 2 garages. The Board went into executive session and on motion duly made and seconded, it was unanimously RhbOLvED tnat the application of John Irwin Dugan for modification of Article II, Section 3 of the Zoning Ordinance to permit parking of private automobiles of tenants of Stonecrest Apartments in accordance with lease for one year, beginning February 1, 1954, from Westches- ter County Park Commission to John Irwin Dugan on pre- mises located on the soutn side of Chatsworth Avenue and east side of proposed Jefferson Street, known on the Tax Assessment Map of the Town of Mamaroneck as Block 133, part of Parcel 299, be and the same hereby is denied on the ground that the applicant has failed to show unnecessary hardship or practical difficulty in abiding by the provisions of the Ordinance. -166- A vote taken on this resolution was recorded as follows: AYES: Mr. Maggini • Mr. Rigano Mr. Schuler • NOES: Mr. Wullschleger • The Board next considered the application of Mr. Lionel P. Marks, and on motion duly made and seconded, the following resolution was adopted: WHEREAS, Lionel P. Marks has appealed to this Board for modifica- • tion of Article II Section 7 of the Zoning Ordinance as amended, to per- mit a private garage to be located less than 75 feet from the front pro- • perty line, i.e. 40 feet, and less than 3 feet from the side property line, i.e. 1 foot, on premises located on the southeast side of 'Howell • Avenue, known as 60 Howell Avenue and also known as Block 405 Parcel 208 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, this application has come on duly to be heard by this Board at its regular meeting held March 24, 1954; and WHEREAS, it appears it would be an unnecessary hardship, because of the large tree located almost immediately in front of his present garage, to require applicant to comply with the strict provisions of the Ordinance; and • WHEREAS, all persons, either in favor of or against this applica- tion, have been heard, NOW, THEREFORE, BE IT RESOLVED that the appeal of Lionel P. Marks be and the • same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting the construc- • tion of a garage to house one private automobile within 75 feet of the front property line, to wit, 50 feet from the • • sidewalk (i.e. 46 feet from the property line) on premises located on the southeast side of Howell Avenue, known as 60 • • Howell Avenue and also known as Block 405 Parcel 208 on the Tax Assessment Map of the Town of Mamaroneck, in accordance • with plans filed in connection witn this application, provided, however, that in all other respects, applicant comply witn the • Zoning Ordinance and Building Code of the Town of Mamaroneck and, provided further, that applicant remove or demolish the • garage which is presently located at the rear of premises known as 60 Howell Avenue. FURTHER RESOLVED that if, at the expiration of 6 months from the date of this resolution, applicant has not com- pleted construction of garage in accordance with provisions of this resolution and demolition of present garage, applica- • • tion is denied. • A vote on this resolution was recorded as follows: -167- AYES: Mr. Wullschleger Mr. Maggini Mr. Rigano Mr. Schuler NOES: None There being no further business to come before the meeting, it ad- journed at 9:30 P . M. s Secretary iA -168-