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HomeMy WebLinkAbout1953_05_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD MAY 27, 1953, IN THE MAMAROivECK TOWN POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. PRESENT: Mr. Wullschleger, Chairman Mr. Maggini Mr. Brush Mr. Burke ABSENT: Mr. Rigano Presence was also noted of Mr. Delius, Town Attorney, Mr. McEvoy, Building Inspector, and Mrs. Barnes, Clerk to the Board and Recording Secretary. Mr. Wullschleger called the meeting to order at 8 P . M. Upon motion duly made and seconded, the minutes of the previous meeting, held May 9, 1953, were approved as presented. The first application before the Board was that of John N. Ledbetter for modification of Article III, Section 9 of the Zoning Ordinance (Side Yards) to permit construction of rear entrance stairway in accor- dance with plans filed, which will encroach on the required six foot side yard on premises on the south side of Senate Place, 50 feet east from Daymon Terrace known as 6 Senate Place, and also known as Block 112, Parcel 628 on the Tax Assessment Map of the Town of Mamaroneck. Mr. and Mrs . Ledbetter were present and Mr. Ledbetter addressed the Board. Also present was Mr. Carl Norris, 16 Senate Place, architect for Mr. Ledbetter. Mr.. Norris also addressed the Board, ih favor of the application. There was no one else in favor of the application. Mr. Jerome N . Wanshell, at attorney with an office at 400 Madison Avenue, appeared representing Mr. Peter Pergola who is building a house on the property adjoining that of Mr. Ledbetter. He addressed the Board, stating that, in his opinion, the Board nas no power to grant this application be- cause the applicants cannot show hardship. He said this application is one of convenience and not of necessity. The next application was that of C . Emerson Baker for modification of Article III, Section 9 of the Zoning Ordinance (Set Back) to permit addition of garage and screened porch to a one-family dwelling, which addition will be within 30 feet of side street line, Carroll Drive, to wit 11 feet, on premises known as 24 Rockland Avenue, and also known as Block 222 Parcel 425 on the Tax Assessment Map of the Town of Mamaroneck. Mr. Baker appeared and submitted blue prints . The following persons appeared in favor of the application: Mr. Lester E. Davies, 18 Rockland Avenue Mrs. Richard F. Eggers, 1 Carroll Place Mr. Harry Maragas, 28 Rockland Avenue Mr. William Boraczek, 2 Carroll Place _1 '�1 Mr. Maragas stated that this construction will be a decided improve- ment. There was no opposition to this application. The next application before the Board was that of Sal Fazio, by Alfred Willis, Agent, for modification of Article III, Section 9 of the Zoning Ordinance (Set Back) to permit enclosure of porch (house is presently non-conforming and porch is located 17 feet from front street line at one corner and 18 feet at opposite corner) to extend present living room - premises located on the northeast side of Weaver Street, known as 30 Weaver Street and also known as Block 410 Parcel 420 on the Assessment Map of the Town of Mamaroneck. Mr. Alfred Willis, architect, appeared for this application. He stated that the foundation for this enclosure is already built as the house is non-conforming and it is not planned to make any further ex- tension. There was no opposition to this application. The final application before the Board was that of Antonio Lopreato for modification of Article III, Section 9 of the Zoning Ordinance (Set Back) to permit erection of a one-family dwelling within 30 feet to the front property line, to wit, 15 feet, on premises located on the south side of Decker Avenue, known as Block 130 Parcels 466 and 486 on the Tax Assessment Map of the Town of Mamaroneck. Mr. Lopreato appeared before the Board and requested an adjournment until further notice in order that he might complete some necessary changes in his plans. This adjournment was granted. The Board then went into executive session and after discussion, upon motion duly made and seconded, it was RESOLVED that the application of John N . Ledbetter for modification of Article III Section 9 of the Zoning Ordinance (Side Yards) to permit construction of rear entrance stair- way in accordance with plans filed, which will encroach on the required six foot side yard on premises on the south side of Senate Place, 50 feet east from Daymon Terrace, known as 6 Senate Place and also known as Block 112 Parcel 628 on the Tax Assessment Map of the Town of Mamaroneck, 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. The vote taken on this resolution was as follows: AYES: Mr. Wullschleger Mr. Maggini Mr. Brush Mr. Burke NOES: None -132- On motion duly made and seconded, the following resolution was adopted: WHEREAS, C . Emerson Baker has appealed to this Board for modi- fication of Article III, Section 9 of the Zoning Ordinance (Side Yards) to permit addition of garage and screened porch to a one-family dwelling, which addition will be within 30 feet of side street line, Carroll Drive, to wit, 11 feet, on premises known as 24 Rockland Avenue, and also known as Block 222 Parcel 425 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, this application has come on duly to be neard by this Board at its regular meeting, held May 27, 1953; and WHEREAS, it appears that it would be an unnecessary hardship to require the applicant to comply with the strict provisions of the Ordinance, NOW, THEREFORE, BE IT RESOLVED that the appeal of C . Emerson Baker be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting addition of garage and screened porch to a one-family dwelling, which addition will be within 30 feet of side street line, (Carroll Drive) , to wit, 11 feet on premises known as 24 Rockland Avenue, and also known as Block 222 Parcel 425 on the Tax Assessment Map of the Town of Mamaroneck, in accordance with plans and specifications filed in connec- tion with this application, provided, however, that in all other respects applicant comply with the provisions of the Zoning Ordinance and Building Code of the Town of Mamaroneck. The vote recorded on this resolution was as follows: AYES: Mr. Wullschleger Mr. Maggini Mr. Brush Mr. Burke NOES: None On motion duly made and seconded, the following resolution was adopted: WHEREAS, Sal Fazio, by Alfred Willis, Agent, has appealed to this Board for modification of Article III, Section 9 of the Zoning Ordinance (Set Back) to permit enclosure of porch (house is presently non-conforming and porcri is located 17 feet from front street line at one corner and 18 feet at the opposite corner) to extend present living room, - premises located on the northeast side of Weaver Street known as 30 Weaver Street, and also known as Block 410 Parcel 420 on the Tax Assessment Map of the Town of Mamaroneck; and -133- 1 WHEREAS, this application has come on duly to be heard by this Board at its regular meeting, held May 27, 1953; and WHEREAS, it appears that it would be an unnecessary hardship to require the applicant to comply with the strict provisions of the Ordinance, NOW, THEREFORE, BE IT RESOLVED that the appeal of Sal Fazio by Alfred Willis, Agent, be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting enclosure of porch to extend present living room on premises located on the northeast side of Weaver Street, known as 30 Weaver Street, and also known as Block 410 Parcel 420 on the Tax Assessment Map of the Town of Mamaroneck, in accor- dance with plans arxi specifications filed in connection with this application, provided, however, that in all other respects applicant comply with the provisions of the Zoning Ordinance and Building Code of the Town of Mamaroneck. The vote recorded on this resolution was as follows: AYES: Mr. Wullschleger Mr. Maggini Mr. Brush Mr. Burke NOES: None There being no further business, the meeting adjourned at 8: 40 P . M. 1)/ J4(14-2Gc2TA,L-0 Secretary • -134-