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HomeMy WebLinkAbout1951_05_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD MAY 23rd, 1951, IN THE COUNCIL ROOM AT THE WEAVER STREET FIRE HOUSE, TOWN OF MAMARONECK. The meeting was called to order by Mr. Wullschleger at 8 P . M. PRESENT: Mr. Wullschleger, Chairman Mr. Burke Mr. Brush Mr. Rigano ABSENT: None Presence was also noted of the Building Inspector, Mr. McEvoy, the Town Attorney, Mr. Delius, and the Clerk to the Board, Mrs. Barnes. On motion duly made and seconded, the minutes of the previous--meeting, held April 25th, were approved as presented. The Chairman read the application of Alfred Willis, Agent for Dr. Joseph Salviola, for modification of Article III, Section 9 of the Zoning Ordinance, to permit the erection of a one-family dwelling with a 20 foot set-back from Weaver Street, so that the garage entrance will be on Bonnie Way and the house face Bonnie Way, on premises on the north side of Bonnie Way, corner of Weaver Street in the Town of Mamaroneck, known as Block 104 Parcel 92 on the Assessment Map of the Town of Mamaroneck. It was noted that this is an application for a variance similar to that granted to Dr. Joseph Carlucci on the identical premises, on July 7, 1950. Mr. Willis appeared in behalf of the application and submitted blue print plans and specifications. He said Dr. Salviola wishes to have his house and garage face on Bonnie Way as he believes it would be dangerous to have a garage entrance on Weaver Street. Inasmuch as this is a corner plot, Dr. Salviola is asking relief from the side set-back restriction of 30 feet from a street, to wit, 20 feet. The Clerk stated that adjacent property owners had been notified of this application. There was no opposition. After discussion, the Chairman informed Mr. Willis that he would be notified of the Board' s decision. The next application before the Board was that of Joseph Piampiano for modification of Article II, Section 1 of the Zoning Ordinance to permit the operation of a pony tracknE"M Louth side of Boston Post Road at the Town and Village of Mamaroneck boundary line known on the Assess- ment Map of the Town of Mamaroneck as Block 412, Parcel 436. Mr. Piampiano appeared and also was represented by Mr. John H . Edwards, an attorney with offices at 199 Main Street, White Plains. Mr. Edwards submitted a plan and sketch of the proposed pony ride. 1 -31- 1 Tlm. 'k.---- - - 1 1 Mr. Edwards said that 25 feet back from the existing rock ledge will be blasted. Ponies will not be kept on the premises. They will be kept in Port Chester and taken away every evening by truck and trailer. There will be 5 ponies. Mr. Burke questioned Mr. Edwards about this application. Mr. Edwards said in reading Section 4 of Article II, it is his belief that this particular business is not particularly excluded. Mr. Burke read the section and Mr. Edwards said he wished to give his reasons to the Board on the basis of hardship. In his address to the Board Mr. Edwards said the plot in question has approximately 127 feet on the Boston Post Road and is 100 feet 1 in depth. It is on the south side of the Post Road and has a large ledge of rock. Mr. Piampiano, the owner, also has about 4 acres immediately to the east and this property runs back about 400 feet. The Assessment Map shows that the property immediately to the rear is owned by the Cook people. It is unimproved and from the map it would seem that the nearest house to this property is some 350 feet away. The purpose of the concession is for the entertainment of children. It is contemplated that the 25 feet of the existing rock ledge will be taken away and the whole area will be landscaped. The ponies will not be kept on the premises. There will be no music or entertainment of any kind to disturb the neighbors. The property is not adapted to the usual commercial purposes, particu- larly stores as there are very few residential homes to the south of the property and those to the north would have to cross the Post Road. Also, the owners to the north of the property now have ample shopping facilities. It would be impractical to put a building on the property. There is an existing freeze on commercial building. There is also the extreme cost of removing the rock. Proceeding east on the Post Road, this rock ledge hides cars coming out of the Old Boston Post Road. If this rock is removed it will eliminate that traffic hazard. From a reading of Article II, Section 4, Mr. Edwards said it will be noted that this section does not specifically prohibit this property from use as a pony ride. If this is not an excluded use, he said, this Board has only to reverse the decision of the Building Inspector. If, however, it is not a permitted use, then the Board has the right to consider this application on the basis of hardship. K The owner purchased the property in September, 1950. The following people registered opposition to the application: Mrs. Theodore V. Purcell, 14 Rockridge Rood Mrs. Elise Smith, 16 Rockridge Road Mrs. Richard Locke, 10 Rockridge Road Mr. Oscar Hartenau, 1 Rockridge Road Miss Helen Bragdon, 4 Rockridge Road Mrs. Katherine Scheubel, 3 Rockridge Road Mrs. Patrick J. Reilly, 17 Rockridge Road Mrs . James Lowry, Rockridge Rockrid e Road -32- The last application to come before the Board was that of George P . Forbes, Jr. , Attorney and Agent for William T. Wood Estate, for modification of Article II, Section 4 of the Zoning Ordinance, to per- mit the construction and maintenance of a gasoline service station on the south side of the Boston Post Road, corner of Boston Post Road and Hommocks Road, in the Town of Mamaroneck, known as Block 412, Parcel 309, on the Tax Assessment Map of the Town of Mamaroneck. Mr. George P. Forbes, Jr., 31 Mamaroneck Avenue, White Plains, appeared for the applicant. } Mr. Reuben Sirlin, 211 Mamaroneck Avenue, Mamaroneck, appeared, repre- senting surrounding property owners. Mr. Delius appeared as Town Attorney and reserved the right to cross- examined witnesses. Mr. Sirlin submitted a petition objecting to the application, signed by 16 residents. The petition was received and filed. Mr. Burke asked whether the witnesses would be sworn and then subjected to direct examination and cross examination, and both Mr. Forbes and Mr. Sirlin were agreeable. At the request of Mr. Forbes, a shorthand report of the proceeding was made by Mr. John Priscantelli. A transcript of his minutes is filed and incorporated herein by reference. Dr. Serling, representing Mrs. Anne Serling, 6 Weaver Street, regis- tered opposition to the proposed gasoline station, as did Mr. Bragdon and Mrs. Scheuble. The Board went into executive session and after discussion, upon motion duly made and seconded, the following resolution was adopted: WHEREAS, Alfred Willis, Agent for Dr. Joseph Salviola, has taken an appeal from the decision of the Building Inspector denying his applica- tion to permit the erection of a one-family dwelling with a 20 foot set-back from Weaver Street so that the garage entrance will be on Bonnie Way and the house face Bonnie Way, on premises on the north side of Bonnie Way, corner of Weaver Street in the Town of Mamaroneck, known as Block 104, Parcel 92 on the Assessment Map of the Town of Mamaroneck; and WHEREAS, the application came on duly to be heard before this Board at its regular meeting held May 23rd, 1951; and WHEREAS, it appears that it would be an unnecessary hardship, be- cause of the size and location of the lot, to require the applicant to comply with the strict provisions of the Ordinance with respect to the prescribed 30 foot side set-back on a corner lot, -33- NOW, THEREFORE, BE IT RESOLVED that the appeal of Alfred Willis, Agent for Dr. Joseph Salviola, be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting the erection of a one-family dwelling with a set-back of 20 feet from the side street line of Weaver Street as shown on the plot plan and drawings filed in connection with- this application, provided, however, that applicant comply in all other respects with the Zoning Or- dinance and Building Code of the Town of Mamaroneck. A vote taken on this resulted as follows: AYES: Mr. Wullschleger Mr. Burke Mr. Rigano Mr. Brush NOES: None After discussion of the application of Mr. Piampiano, upon motion duly made and seconded, it was RESOLVED that the application of Joseph Piampiano for modi- fication of Article II, Section 4 of the Zoning Ordinance, to permit the operation of a pony track on the south side of Boston Post Road at the Town and Village of Mamaroneck boundary line, known on the Assessment Map of the Town of Mamaroneck as Block 412, Parcel 436, 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 on this resulted as follows: AYES: Mr. Wullschleger Mr. Burke Mr. Rigano Mr. Brush NOES: None The Board next took up the application of the William T. Wood Estate and after lengthy discussion, it was decided that the Board would meet again on June 9th, at 10 A. M. , in the Board room of the Police Station, 11 Edgewood Avenue, at which time a decision would be made. There being no further business to come before the meeting, it ad- journed at 11:45 P . M. Secretary -34.-