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HomeMy WebLinkAbout1952_05_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD MAY 28, 1952, AT THE MAMARONECK TOWN POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. Mr. Wullschleger called the meeting to order at 8 P. M. PRESENT: Mr. Wullschleger, Chairman Mr. Brush Mr. Rigano Mr. Burke Mr. Maggini ABSENT: None Presence was also noted of Mr. Delius, Town Attorney, Mr. McEvoy, Building Inspector and Mrs. Barnes, recording secretary and Clerk to the Board. On motion duly made and seconded, the minutes of November 28, 1951, March 26, 1952, March 31, 1952 and April 23, 1952, were approved as presented. The first application before the Board was that of Chatsworth Gardens, Inc. for modification of Article II, Section 3 of the Zoning Ordinance as amended to permit premises on the south side of Jefferson Street, 200 feet east from Chatsworth Avenue, known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcel 106, to be used as a parking lot. Mr. Joseph C . Goodman, President of Chatsworth Gardens, Inc ., owner of the property, appeared in behalf of the application. Mr. Edward Leone, 27 Murray Avenue, Mr. Walter Leone, of the same address, and Mr. Nicholas Leone, 172 Myrtle Boulevard, registered their opposition. Mr. Edward Leone addressed the Board and said he and his brothers feel a parking lot will depreciate the value of their property which is directly in front of it. He said their property "has alyays been re-zoned to favor Chatsworth Gardens" . Mr. Nicholas Leone addressed the Board as follows: "When Chatsworth Gardens came, the property from the corner of Myrtle Boulevard to the Bridge was all zoned for business. When they bought, they changed the zone of our building. Later they again changed it to an apartment site. When this was done, our family fought this change to the • Appellate Division. Judge Bleakley decided the case out of Court and not only did they change the zone but also took a certified street and built the Chatsworth Gardens on that site . We had a frontage on Washington Street which was built over by Chatsworth Gardens. "This is a piece of property which was zoned for apartment site. It is bought for $750. and he immediately wants to commercialize it." He then went on to remind the Board of the Wilma Harris application in connection with a parking lot for the Oak Haven Apartment. -85- Mr. Goodman called attention to the fact that the present owners are not aware of any of this. He said today cars cannot park on the street and the people of Chatsworth Gardens need some place to park. He has owned the property in question about a year and a half. If the variance is granted, he said, the property will be properly filled and surfaced. Mr. Edward Leone said the people from Chatsworth Gardens can go across the street to a free parking lot which will hold 50 cars. There is another one on Myrtle Boulevard, he said, which is also usually empty. Mr. Goodman said the drug store piece is $5. a month for parking and in addition the Chatsworth tenants do not want to go so far to park. There was no further opposition. The next application before the Board was that of the Estate of Maxwell Miller, by Frederick Miller, for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit the erection of a one-family dwelling with aggregate sideyards of 22 feet instead of the required 30 feet in an AA Residence Zone, on premises on the southeast side of Oxford Road, 125 feet northeast from Dundee Road, known on the Tax Assessment Map of the Town of Mamaroneck as part of Block 208 Parcel 197. Mr. Frederick Miller, 12 Avon Road, appeared in behalf of the application and submitted a letter from Mr. Peter Burbank which was read by the Clerk. It stated that Mr. Burbank has no objection to the application. The letter was received and filed. Mr. Delius said it is proposed that a new map, prepared by Mr. Foote, showing the plot subdivided into 3 lots, shall be filed. The map has not actually been filed in the County Clerk' s office but he has been assured that if the variance is granted, the map will be filed. The resolution, therefore, (if the Board grants the variance) would grant it upon con- dition that the map is filed. Mr. Richard Fisk, 10 Oxford Road, examined the map. There was no opposition to this application. • s ############# The last application before the Board was that of Martin S. Curnan for modification of Article III, Section 9 of the Zoning Ordinance, to per- mit the erection of a one-family house on a corner plot with a set-back from Briarcliff Road of 20 feet (instead of the required 30 feet) premises on the south side of Briarcliff Road, corner of Weaver Street known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 289. -86- 1 Mr. Curnan appeared in behalf of the application. He said he has an option to purchase the lot, provided the variance is granted. Lloyd R. Harris is the record owner. Mr. Emil Severin, a real estate broker with an office at 147 Chatsworth Avenue, Larchmont, spoke in favor of the application. He is the broker representing Mr. Curnan and Mr. Harris. He said it would be very diffi- cult to keep the proposed house back 30 feet from both streets. Mr. Juillerat, 2 Briarcliff Road, said he is opposed to the application. He said the proposed building is a 4-room prefabricated building which does not conform with the neighborhood. He had canvassed the neighbor- hood and with 2 exceptions, 24 neighbor's within 200 feet of the property, signed a petition against the house. He submitted the petition which was received and filed. Mr. Roland H . Kenton, 368 Weaver Street, registered opposition. He said he lives behind the property and it is his opinion that the erection of a house of this sort will_ lower the property value of ever: house in the neighborhood. He said it is to be a small, inexpensive house and he be- lieves it will encroach on the turn. Mr. Carl Cordes, 20 Lansdowne Drive, registered his opjection. He does not believe there is any hardship. Mrs. Isabel de Gant, 1 Briarcliff Road, said she agrees with the state- ments of Mr. Juillerat, Mr. Kenton and Mr. Cordes. She believes the house will depreciate the values in the neighborhood. Mr. John Ragazzini, 386 Weaver Street said he too agreed with what had been said. In addition, he objects to the shape of the plot. It will upset the whole pattern of the neighborhood. He objects very strongly. Mr. Severin again addressed the Board. He said the house contains 19,250 cubic feet and told of the houses his client had built in Oriental which are "a real credit to the neighborhood" . Mr. Frank J . Pickett, 162 Brookside Drive, commented on the cheap con- struction of houses which are now being built. He registered his opposi- tion. Mr. Goodman again addressed the Board and said he had been misled, as had the Board. He had gone to the place mentioned by Mr . Leone in connection with free parking and the sign reads "Free Parking, days only, to cus- tomers of Sovereigh Station" . He had then asked in the drug store about it and had been told that they had leased that ground about 2 months ago and the sign had been put up about 2 weeks ago. Mr. Leone repeated that his family has an apartment site which they do not wish jeopardized. He said they had fought 2 years in the Courts to try to change the zoning and now it will be breaking it to make a parking lot. -87- 'The Board went into executive session and after discussion, upon motion duly made and seconded, it was RESOLVED that the appeal of Chatsworth Gardens, Inc. for modification of Article II, Section 3 of the Zoning Ordinance as amended, to permit premises on the south side of Jeffer- son Street, 20Q feet east from Chatsworth Avenue, known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcel 106, to be used as a parking lot, 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. A vote taken on this resulted as follows: AYES: Mr. Rigano Mr. Burke Mr. Maggini NOES: Mr. Wulischleger Mr. Brush After discussion, upon motion duly made and seconded, the following resolution was adopted: WHEREAS, the Estate of Maxwell V. Miller, by Frederick Miller, Executor, has filed with this Board a certain application for a variance respecting the aggregate sideyards as required in an AA Residential Zone with respect to a part of Block 208 Parcel 197 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, it now appears that this parcel known as Block 208 Parcel PP 197 is to be subdivided and that a map showing such subdivision or re- subdivision has been made by A. J . Foote, entitled "Map Showing Proposed Changes in Lots 26 and 27, Map of Larchmont Ridge, Portion of Section 3 as Amended, Town of Mamaroneck, Westchester County", and dated May 7, 1952; and thef the owners and ap plicants it is o to have this map filed in the County Clerk' s Office, Division of Land Records, and the Assessment Map of the Town of Mamaroneck corrected accordingly so that the property formerly known as Block 208 Parcel 197 will be re- subdivided into 3 lots or plots; and WHEREAS, the present application insofar as it seeks a variance, is limited and confined to the plot as shown on the map above described, as Lot #27, with a frontage of 104.5 feet on Oxford Road, a depth of 170.96 feet, and a rear lot line of 84.05 feet, thus making the average width, approximately 95 feet, and for the erection of a one-family residence thereon, plans for which have been submitted to the Building Inspector who refused a permit on the ground that the plans fail to comply with the side-yard requirements, to wit, an aggregate of 30 feet, but actually do show minimum aggregate side-yards of 22 feet, i.e. a minimum of 10 fed -88- on the southwesterly side and a minimum of 12 feet on the north- easterly side, NOW, ThEREFORE, BE IT RESOLVED that the application of the Estate of Maxwell V. Miller by Frederick Miller, be and it hereby is granted upon the ground of practical difficulty and unnecessary hardship resulting from the topography of the land and the plans for the proposed house, and that the decision of the Building Inspector is reversed to the extent of per- mitting the erection of a one-family house with a minimum sideyard of 12 feet on the northeasterly side and a mini- mum sideyard of 10 feet on the southwesterly side, on land shown as Lot #27 on above mentioned map, attached hereto and made part hereof. FURTHER RESOLVED that this application is granted only on condition that the final map be prepared and filed in the County Clerk' s Office, Division of Land Records, which map shall show the subdivision of what is now known as Block 208 Parcel 197 and which will designate the lot as to which this variance is granted as Lot #27, and provided further that in all other respects applicant comply with the pro- visions of the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote on this resulted as follows: AYES: Mr. Wullschleger Mr. Brush Mr. Rigano Mr. Burke Mr. Maggini NOES: Hone After discussion, upon motion duly made and seconded, it was RESOLVED that the appeal of Martin S . Curnan for modifica- tion of Article III, Section 9 of the Zoning Ordinance, to permit the erection of a one-family house on a corner plot with a set-back from Briarcliff Road of 20 feet (in- stead of the required 30 feet) premises on the south side of Briarcliff Road, corner of Weaver Street, known on the Tax Assessment Map of the Town of Mamaroneck as Block 219, Parcel 289, be and the same hereby is denied, on the ground -89- t_ 0 F---0k'D `�cc� S�Bo 1 %ems.. \ 1_. , 1 / ___ -_, 0 I -__, 5.$1. /eo . / I ' ,. I . ' \ I Z /Go. ,'41-a 5,c. I --- _.%...,;.c.6 _ . (NJi N ,l o COI 0 0 0:\I co fN 0 It O? •OL I\ cDi .til c k l Nl Lof 27 kJ/ 0 I NI Lo/ 26 1 k 46a 07-007E. v 4.05 - _ - \ 0 0 I 4 o`' 6 ok •' 4 ar IN 9'9'93 - 22""�• /�F� o --s�o w/N&• n/ .3/°_3 7 Pie'0PC JE0 C"A n/&E5 /n/Lo-r, 26-Z7 A4, , OF 2..4�C,YMoN7- 1'1D6 -•. f o r-/*D rn o F S c c 7i 0 i', 3 .45 14/77c/7 de 91 i. 770 rs_J/y OF J`7ei'MA "Zoik.rG'csr, WF57-ch'F5-r45./e Go i F /cd in Coun75/ C/cc/r;s Or 'cc,f/'oUa/(8 ,2 Sc ci/c /"=-z o' tic,y 7 /9sz- A7. J. 7-4;457L ! c. E. 7.5- Peiln7 e r- nye, ..ar-6,;�„71 /V, J ,O. 4-442G ,9 that the applicant has failed to show unnecessary hard- ship or practical difficulty in abiding by the provisions of the Ordinance. A vote taken on this resulted as follows: AYES: Mr. Wullschleger Mr. Brush Mr. Rigano M r. Burke Mr. Maggini NOES: None There being no further business to come before the meeting, it ad- journed at 9:45 P. M. ZA-C,� Secretary I 4 -90-