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HomeMy WebLinkAbout1959_03_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD MARCH 25, 1959, IN THE COURT ROOM OF THE MAMARONECK POLICE DEPARTMENT, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER Mr. Wullschleger, Chairman, called the meeting to order at 8:00 p. m. PRESENT: Mr. A, E. Wullschleger, Chairman Mr. George Schuler Mr. Sydney Bierman Mr. Laurence Sobel Mr. Philip Corby ALSO PRESENT: Mr. John L. Delius, Town Attorney Mr. Maurice Friedlander, Town Engineer and Building Inspector APPROVAL OF MINUTES The minutes of the meeting of February 25, 1959, were approved as presented. WELCOME TO NEW MEMBER Mr. Wullschleger introduced Mr. Philip Corby to the Boardmembers and welcomed him as a new member of the Board of Appeals. Mr. Bierman then suggested that some expression of gratitude be given Mr. Parsons, and it was upon motion duly made and seconded that the following resolution was unanimously adopted. RESOLVED that the Board of Appeals hereby extends best wishes 27 to Mr. Robert Parsons, formerly a member of this Board, in his new endeavor and expresses their deep appreciation for his faithful and conscientious service to the Board. HEARINGS The secretary presented the affidavit of publication of notice of the hearing as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on March 18, 1959. The Chairman declared the hearing open and requested the secretary to read the application of Patsy Giacomo which had been continued from the meeting of February 25, 1959. Case # 32 Application of Patsy Giacomo for modification of Article II, Section 7 of the Town of Mamaroneck Zoning Ordinance, as amended, so as to permit the extension of a Service Station on premises located on the north side of Fifth Avenue, corner of Madison Avenue, known on the Tax Assessment Map of the Town of Mamaroneck as Block 132, Parcel 78, on the ground that it does not conform with the variance granted Sept. 28, 1955. The Chairman asked if anyone present wished to speak either in favor of or in opposition to this application and the following persons were heard: For Applicant: Robert Freeman, Esquire 2 East Avenue, Larchmont Patsy Giacomo, 93 Madison Avenue Larchmont In Opposition: None Mr. Freeman, representing Patsy Giacomo, appeared and sub- mitted plans for the extension of the garage and service station. The Board questioned Mr. Giacomo as to whether all the con- ditions of the variance granted Sept. 28, 1955 had been fully complied with and were told that one condition, namely number 8, had not been carried out. • 28 r _ Following further discussion upon motion by Mr. Bierman, seconded by Mr. Sobel the following resolution was unani- mously adopted: WHEREAS, on September 28, 1955, Patsy Giacomo was granted a variance for use of premises located on the north side of Fifth Avenue, corner of Madison Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132, Parcel 78 so as to permit him to construct on the premises a garage and service station as more particularly described in the minutes of September 28, 1955; and WHEREAS, Patsy Giacomo on the 11th day of February 1959, filed an application with this Board for modifi - cation of Article II, Section 7 of the Zoning Ordinance of the Town of Mamaroneck, as amended, so as to per- mit the extension of the garage and service station on premises located on the north side of Fifth Avenue corner of Madison Avenue, and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 132, Parcel 78, on the ground that it does not conform with the variance granted September 28, 1955; and WHEREAS, this application came to be heard on February 25, 1959 at which time it was continued to March 25, 1959 in order to give more time for study by the Board; and WHEREAS, this Board has viewed the property and has examined all the plans and data submitted by the Appellanit and had heard all persons appearing for or against the appeal: NOW, THEREFORE, BE IT RESOLVED that the application of Patsy Giacomo for modification of Article II, Section 7 of the Zoning Ord- inance of the Town of Mamaroneck, as amended, be granted on the grounds of practical difficulty and un- necessary hardship as recited in the application and which this Board finds exists; and it is FURTHER RESOLVED that Article II, Section 7 of the Zoning Ordinance of the Town of Mamaroneck, as amended, be varied and modified so as to permit the extension of the 29 garage and service station on premises located on the north side of Fifth Avenue, corner of Madison Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132, Parcel 78, 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 variance is granted solely on condition that the following requirements be strictly adhered to: 1. That no structures of any kind shall be erected on the premises except in strict conformance with the plans submitted with this application. 2. Under no circumstances shall any Building Permit for such extension be issued unless or until all conditions of the variance granted September 28, 1955 shall have been fully complied with. FURTHER RESOLVED that in accordance with the Rules and Regulations of the Zoning Board, where a variance is granted the applicant shall obtain a Building Permit within three (3) months of the granting of the variance or the variance becomes vacated, All work must be completed within one (1) year of the issuance of the permit unless the period is extended by the Building Inspector. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The secretary was then requested to read the application of Joseph & Catherint Giacomo which had also been continued from the meeting of February 25, 1959. Case # 33 Application of Joseph and Catherine Giacomo for mod- ification of Article III, Section 14 of the Town of Ma- maroneck Toning Ordinance, as amended, so as to permit the erection of a two family dwelling on Lester Place on premises known as Block 132, Parcel 125 on the Tax Assessment Map of the Town of Mamaro- neck, on the ground of practical difficulty and un- necessary hardship. 30 The Chairman asked if any person present wished to speak either in favor of or in opposition to this application and the following persons were heard: For Appellant: Robert Freeman, Esquire Joseph Giacomo, 5 Lester Place Larchmont In Opposition: None Mr. Giacomo was asked if he had attempted to buy any additional property which would makeit possible to build his house in con- formance with the Zoning Ordinance. Mr. Giacomo replied that the neighboring property was owned by his brother, Patsy Giacomo, and that at the present time his brother did not wish to sell. Following further discussion upon motion by Mr. Schuler, seconded by Mr, Wullschleger the following resolution was unanimously adopted: RESOLVED that the hearing on the application of Joseph and Catherine Giacomo be continued to the next regular of the Zoning Board of Appeals to be held on April 22, 1959. The secretary then read the first application, APPLICATION NO. 1--DR. A.D. CEDERBAUM Case # 36 Application of Dr. A. D. Cederbaum for modification of Article III, Section 9 of the Zoning Ordinance of the Town of Mamaroneck, as amended, so as to permit the extension of the present dining room on premises located at 3 Stonewall Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333, Parcel 596 having a set hack of less than 40 feet from Stonewall Lane, on the ground that Article III, Section 9 of the Zoning Ordinance of the Town of Mamaroneck, as amended, requires that no part of any building shall be built within 40 feet of any street line except that on corner lots such building may be set back a less distance from the side street with the approval of the Board of Appeals. 31 l The Chairman asked if any person present wished to speak either in favor of or in opposition to this application and the following persons were heard: For Appellant: Dr. A. D, Cederbaum Mr. Charles Levitt, 7 Stonewall Lane In Opposition: None Mr. Cederbaum submitted and explained the plans for the ex - tension of the present dining room. He stated that the dining room was small and since they did a great deal of entertaining this extension would be a great convenience. The secretary read three letters from neighbors, namely, Bennett L. Harris, Stonewall Lane, Isidore Feil, 5 Stonewall Land and Karl J. Schumer, 2 Stonewall Lane, all were in favor of this application. The Board pointed out that there was sufficient property to allow an extension in the rear of the property. Following further discussion upon motion by Mr. Corby, seconded by Mr. Sobel the following resolution was unanimously adopted: WHEREAS, Dr. A. D. Cederbaum has filed an application for modification of Article III, Section 9 of the Zoning Ordinance of the Town of Mamaroneck, as amended, so as to permit the extension of the present dining room on premises located at 3 Stonewall Lane, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333, Parcel 596 having a setback of less than 40 feet from Stonewall Lane; and WHEREAS, Dr. A. D. Cederbaum requests that because of unnecessary hardship and practical difficulty this Board grant a variance; and WHEREAS, this Board has viewed the property and has examined plans and data submmitted by the Appellant and has heard all persons appearing for or against the appeal, and the Board finds that no practical difficulty or unnecessary hardship exists: NOW, THEREFORE, BE IT 32 I RESOLVED that the application of Dr. A. D. Cederbaum, for a variance requesting modification of Article III, Section 9 of the Zoning Ordinance of the Town of Mamaro- neck, as amended, so as to permit the extension of the present dining room on premises located at 3 Stonewall Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333, Parcel 596 having a set- back of less than 40 feet from Stonewall Lane, is denied; and it i s FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The Chairman then requested the secretary to read the second application. APPLICATION NO. 2--JOSEPH WISE Case # 37 Application of Joseph Wise for modification of Article III, Section 9 of the Town of Mamaroneck Zoning Ordinance, as amended, so as to permit the extension of the second floor and the addition of a patio on the first floor on premises located at 74 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128, Parcel 89 having a setback of less than 30 feet from Echo Lane, on the ground that Article III, Section 9 of the Town of Mamaroneck Zoning Ordinance, as amended, requires that no part of any building shall be built within 30 feet of any street line except that on corner lots such building may be set back a less distance from the side street with the approval of the Zoning Board of Appeals. The Chairman asked if anyone present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Joseph Wise In Opposition: None Mr. Wise submitted plans and explained that the family needed this additional bedroom badly and that he was only extending the building over the first floor area for which a variance had been granted in December, 1925. 33 I After some discussion on motion by Mr. Schuler, seconded by Mr. Corby the following resolution was adopted: WHEREAS, Joseph Wise has applied for modification of Article III, Section 9 of the Zoning Ordinance of the Town of Mamaroneck, as amended, so as to permit the extension of the second floor and the addition of a patio on the first floor on premises located at 74 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128, Parcel 89 having a setback of less than 30 feet from Echo Land; and WHEREAS, Joseph Wise requests that because of practical difficulty and unnecessary hardship this Board grant a variance and over-rule the decision of the Building Inspector refusing to issue a permit for the extension of the second floor and the addition of a patio to the first floor having a setback of less than 30 feet from Echo Lane; and WHEREAS, this Board has viewed the property and has examined the plans and other data submitted by the applicant and has heard all persons appearing either in favor of or in opposition to this application: NOW, THEREFORE, BE IT RESOLVED that the appeal of Joseph Wise from the decision of the Building Inspector refusing the issuance of a permit for the extension of the second floor and the addition of a patio on the first floor having a setback of less than 30 feet from Echo Lane on premises located at 74 Edgewood Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128, Parcel 89 be granted, on the ground of practical difficulty and un- necessary hardship as recited in the application and which this Board finds exists; and it is FURTHER RESOLVED that Article III, Section 9 of the Zoning Ordinance of the Town of Mamaroneck, as amended, so as to allow the extension of the second floor and the addition of a patio to the first floor on premises located at 74 Edgewood Avenue and known on the Tax Assessment Map of Mamaroneck as Block 128, Parcel 89 having 34 a setback of less than 30 feet from Echo Lane, 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 variance is granted solely on condition that the following requirements be strictly adhered to: 1 . Building shall be altered in strict accordance with the plans filed with this application. FURTHER RESOLVED that in accordance with the Rules and Regulations of the Zoning Board, where a variance is granted the applicant shall obtain a Building Permit within three (3) months of the granting of the variance or the variance becomes vacated. All work must be completed within one (1) year of the issuance of the permit unless the period is extended by the Building Inspector. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The vote on the foregoing resolution was as follows: Mr. Wullschleger Aye Mr. Schuler Aye Mr. Sobel Aye Mr. Corby Aye Mr. Bierman Abstaining ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:30 p. m. cr�v✓� Secretary 35