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HomeMy WebLinkAbout1952_03_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF A2PEALS OF THE T0WN OF MAMARONECK, HELD MARCH 26th, 1952, AT THE MAMARONECK TOWN POLICE STA- TION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. Mr. Wullschleger called the meeting to order at 8 P . M. PRESENT: Mr. Wullschleger, Chairman Mr. Brush Mr. Burke Mr. Maggini s Mr. Rigano ABSENT: None The first application before the Board was that of Richard Borrelli, Sr. , for modification of Article II, Section 4 of the Zoning Ordinance, to permit a storage yard for slate flags and top soil in a "C" Business District on premises located on the east side of Valley Place, 100 feet south from Fifth Avenue, known as Block 131, Parcel 11 on the Assessment Map of the Town of Mamaroneck. Mr. Borrelli appeared and was represented by Mr. Joseph Vassalla. Mr. Borrelli said he purchased the property about 6 months ago, at which time it was used as a dump. Mr. Vassella said that Mr. Borrelli, who operates the Elm Tree Nursery on the Boston Post Road, needs the property in connection with his business and will clean it up and fence it. There was no opposition to this application. Mr. Borrelli was told he would be notified of the Board' s decision. The next application before the Board was that of Henry C . Steffen for modification of Article III, Section 9 of the Zoning Ordinance, to permit an extension of a non-conforming use, in an "A" Residential Zone, namely an addition to an attached garage, (which garage is 25 .31 feet from the street line) said addition to be 23 feet from the street line, on pre- mises at 54 Clover Road, known as Block 218, Parcel 677 on the Assessment Map of the Town of Mamaroneck. Mr. Steffen appeared in his own behalf representing the application. He said the present garage is too short for his new car. He submitted a sketch of the proposed addition. There was no opposition to this application. Mr. Steffen was told he would be notified of the Board' s decision. *** ;f * *T* -71- The third application to come before the Board was that of Joseph B. Evans for modification of Article III, Section 9 of the Zoning Ordinance, to permit an extension of 3 feet 6 inches to a porch (to be enclosed) which will bring the building within 30 feet of the front street line, on premises known as 40 Fernwood Road and also known as Block 218, Parcel 470 on the Tax Assessment Map of the Town of Mamaroneck. Mr. Evans appeared in his own behalf together with Mr . Arthur Finn, who designed the proposed addition. A sketch of the addition was submitted to the Board. There was no opposition to this application. Mr. Evans was told he would be notified of the Board' s decision. The last application before the Board was that of C . W. Moody for modi- fication of Article III, Section 9 of the Z oning Ordinance as amended, to permit the erection of a one-family dwelling within 40 feet of the front street line, namely 15 feet, in an "AA" Residential Zone, on premises on the west side of Wilson Lane, known as Block 313, Parcel 49 on the Assessment Map of the Town of Mamaroneck. Mr. Moody appeared in behalf of the application and submitted a new map which he said should be used in consideration of this application. He said the land is very swampy and also very rocky, and because of this, the place he has selected is the only possible one to locate the proposed building. He purchased the property recently and hopes to build 6 or 7 houses. He said he has consulted architects and topographical experts. There is a solid ledge of rock at the rear of the property, with a drop of 40 feet. To date, Mr. Moody said, he has spent over $3,000 in excavating. It has been necessary to install a drain to drain the property. He hopes to sell the house for approximately $45,000. Mr. Moody said that when he purchased this land there was an old road laid out on a map, making it impossible to build on all the land as part of it was in the bed of the road. It had been his understanding, when he pur- chased the property, that he could obtain title to the street, (he had been so informed by a representative of the Title Company) and move it, as he would be the only owner of land abutting the street. However, he has since learned that the Title Company will not insure title to the street, as title is in two old corporations which cannot give a deed. Mr. Moody said there is an easement through the property which contains 16 feet of trunk main about 5 feet below the surface. -72- He also said that when the road is graded, no part of the proposed house will be within 40 feet of the traveled way. It will be 40 feet fro ' the traveled way although only 15 feet from the dedicated street. Mr. Edward B. Polak, 1 Boulder Brae Lane, said he lives in the house closest to this property and he is very much in favor of the application. Mr. Delius asked Mr. Moody if the lot is on the original Wilson Map, or on any filed map. Mr. Moody said he had not as yet filed the map which he submitted to the Board. There was no opposition to this application. Mr. Moody was told he would be informed of the Board' s decision. The Board then went into executive session and on motion duly made and seconded, the following resolution was adopted: WHEREAS, Richard Borrelli, Sr. has appealed to this Board for a use variance in connection with premises known as Block 131, Parcel 11 on the Assessment Map of the Town of Mamaroneck, which is in a "C" Busi-less T)is- trict; . nd WHEREAS, the application came on duly to be heard before this Board at its regular meeting, held March 26th, 1952; and WHEREAS, it appears that it would be an unnecessary hardship to re- quire the applicant to comply with the strict provisions of the Ordinance, NOW, THEREFORE, BE IT RESOLVED that the application of Richard Borrelli, Sr. be and it hereby is granted to the extent that a variance be permitted in the use of the premises known as Block 131, Parcel 11, for the storage of slate flags and top soil, which are used in connection with the plant nursery which is the business of the applicant, provided that in all other respects the use of the premises conforms with the provisions of the Zoning Ordinance, specifically Article II, Section 4, which excludes certain uses from Business District, Class "C" . A vote taken on this resulted as follows: AYES: Mr. Wullschleger Mr. Brush Mr. Burke Mr. Maggini Mr. Rigano NOES: None -73- , The Board next considered the application of Henry C . Steffen, and on motion duly made and seconded, the following resolution was adopted: WHEREAS, Henry C . Steffen has appealed to this Board from a decision of the Building Inspector denying him a permit for an extension to an attached garage, which garage is now e non-conforming use, insofar as it is less than 30 feet from the front street line, to wit, 25.31 feet, on premises at 54 Clover Road, known as Block 218, Parcel 677, on the Assessment Map of the Town of Mamaroneck; and WHEREAS, the extension to the garage for which a permit is sought i would be a further violation of the provisions of the Zoning Ordinance insofar as it would extend the building to 23 feet from the front street line; and WHEREAS, the application has come on duly to be heard before this Board at its regular meeting, held March 26th, 1952; and WHEREAS, it appears that it would be an unnecessary hardship to re- quire the applicant to comply with the strict provisions of the Ordinance, NOW, THEREFORE, BE IT RESOLVED that the appeal of Henry C . Steffen be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting the extension to a non- conforming use in an "A" Residential Zone, namely an addition to an attached garage (which garage is 25.31 feet from the street line) said addition to be 23 feet from the street line, on premises at 54 Clover Road, known as Block 218, Parcel 677 on the Assessment Map of the Town of Mamaroneck, in accordance with plans and specifications filed in connection with this application, provided that in all other respects, applicant comply with the provisions of the Ordinance and Building Code of the Town of Mamaroneck. A vote taken on this resulted as follows: AYES: - Mr. Wullschleger Mr. Brush Mr. Burke Mr. Maggini Mr. Riggano NOES: None *** ****** The Board next discussed the application of Joseph B. Evans and on motion duly made and seconded, the following resolution was adopted: W:iEREAS, Joseph B. Evans has appealed to this Board for modification of Article III, Section 9 of the Zoning Ordinance, to permit an extension of 3 feet 6 inches to porch (to be enclosed) which will bring the building within 30 feet of the front street line, on premises known as 40 Fernwood Road and also known as Block 218 Parcel 470 on the Tax Assessment Map of the Town of Mamaroneck; and -74• WHEREAS, the application came on duly to be heard before this Board at its regular meeting, held March 26th, 1952; and WHEREAS, it appears that it would be an unnecessary hardship to re- quire the applicant to comply with the strict provisions of the Ordinance-, NOW, THEREFORE, BE IT RESOLVED that the appeal of Joseph B. Evans be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting an extension of 3 feet 6 inches to a porch (to be enclosed) which will bring the building within 30 feet of the front street line, on premises known as 40 Fernwood Road and also known as Block 218, Parcel 470 on the Tax Assessment Map of the Town of Mamaroneck, in accordance with plans and specifications filed in connection with this application, provided, however, that in all other respects, applicant comply with the provisions of the Ordinance and Building Code of the Town of Mamaroneck. A vote taken on this resulted as follows: AYES: Mr. Wullschleger Mr. Brush Mr. Burke Mr. Maggini Mr. Rigano NOES: None y yy The Board next considered the application of C . W. Moody and after die- cussioh, it was decided to adjourn this matter until Monday, March 31st, to give Mr. Moody an opportunity to file his map. There being no further business to come before the meeting, it adjourned at 9: 35 P . M. Secretary -75-