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HomeMy WebLinkAbout1958_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, 1958, IN THE COURT ROOM OF THE MAMARONECK POLICE DEPARTMENT, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:00 p. m. PRESENT: Mr. A. E. Wullschleger, Chairman Mr. Sydney Bierman Mr. George Schuler Mr. Laurence Sobel Mr. Robert Parsons ALSO PRESENT: Mr. Maurice Friedlander, Town Engineer and Building Inspector Mr. John Delius, Town Attorney APPROVAL OF MINUTES The minutes of the meeting of February 26, 1958, were approved as presented. HEARINGS The secretary presented the affidavit of publication of notice of hearing as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on May 21, 1958. The Chairman declared the hearing open and requested the secretary to present the fourth application which would be heard first. 186 I APPLICATION NO. 4-- MISS JUNE MESSER The application of Miss June A. Messer, agent for Astrid M. Messer, for modification of Article II, Section 3 of the Zoning Ordinance of the Town of Mamaroneck, as amended, to permit the use of property located on the north side of Boston Post Road (rear of Post Lodge), Town of Mamaroneck, and known as Block 407, Parcel 529, on the Tax Assessment Map of the Town of Mamaroneck, so as to permit the premises to be used as a Day Nursery, on the grounds that the property is surrounded by business property and parking lots and is not suitable for other use. Mr. Wullschleger asked if anyone present wished to speak either for or against this application and the following persons were heard: For Appellant: None In Opposition: Francis Stock, 700 Forest Avenue Larchmont, N. Y. Murray Rosof, Post Lodge, Mamaroneck Mr. Stock, Commander of David Potts, Jr. Post, Veterans of Foreign Wars, stated that this was the first time he had been aware of the existence of this Nursery School and that he would like time to check as to the right of way, etc. , over the property used by the Veterans Organ- ization. Mr. Rosof, representing Polo Realty Corporation, also stated that he would like time to consider easements and right of way over the Post Lodge property. Since there was no one present to represent Miss Messer, on motion by Mr. Schuler, seconded by Mr. Sobel the following resolution was unanimously adopted: RESOLVED that the hearing on the application of Miss June Messer, be continued to the next regular meeting of the Board of Appeals, on June 25, 1958. The secretary was instructed to write Miss Messer of this action and to advise her that she or a representative must be present at the hearing. At the request of the Chairman, the secretary presented the fifth appli- cation. 187 1 T APPLICATION NO. 5--MRS. JANE ROGOW Application of Jane Rogow for modification of Article III, Section 9, of the Zoning Ordinance of the Town of Mamaroneck, as amended, so as to allow the proposed alteration and extension of the existing building on a lot having a rear yard of less than 15% of the depth of the lot, on the ground of practical difficulty and unnecessary hard- ship. The Chairman asked if anyone present wished to speak either in favor of or against this application and the following persons addressed the Board: For Appellant: Mr. Robert Rogow, 2295 Palmer Avenue, New Rochelle, N. Y. In Opposition: None Mr. Rogow submitted the plans for the alteration and explained them in detail. Mr. Bierman asked Mr. Friedlander if these plans complied in all respects with the Buidling Code of the Town of Mamaroneck as to cubage, etc. The Buidling Inspector answered in the affirmative, and statethat he found these plans to be acceptable. Upon determining that no one else wished to speak either for or against this application, on motion by Mr. Sobel, seconded by Mr. Bierman, the following resolution was unanimously adopted: WHEREAS, Jane Rogow has filed an appeal from a decision of the Building Inspector of the Town of Mamaroneck, refusing a permit for an extension to an existing building having a rear yard of less than the required 15% depth of the lot on premises located at 143 Palmer Avenue, and known as Block 401, Parcel 102 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, Jane Rogow state that the structure was erected prior to 1910 and prior $o the adoption of Article III, Section 9 of said Zoning Ordinance and to require structural changes now would work an undue hardship to appellant; and WHEREAS, this Board has viewed the property and has examined the plans and other matters submitted by the applicant and has heard all persons appearing for or against the appeal: 188 T NOW, THEREFORE, BE IT RESOLVED that the appeal of Jane Rogow from the decision of the Building Inspector refusing the issuance of a permit for an extension to an existing building on premises located at 143 Palmer Avenue, and known as Block 401, Parcel 102, on the Tax Assessment Map of the Town of Mamaroneck, be granted on the grounds of practical difficulty and unnecessary 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, as amended, relating to Rear Yard requirements on premises located at 143 Palmer Avenue, and known as Block 401, Parcel 102, on the Tax Assessment Map of the Town of Mamaroneck be varied and modified so as to allow the proposed alteration and extension of the existing building in strict accordance with the plyns filed with this application on a lot having a rear �i..(J lei yard of less�l5� of the depth of the lot, 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 on condition that no additional structures may be erected on these premises so long as this variance is in effect; and it is FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. At the request of the Chairman, the secretary presented the second application. APPLICATION NO. 2--C. W. W. GOOK Application of C. W. W. Cook for modification of Article III, Section 9, of the Zoning Ordinance, as amended, so as to permit the erection of a one family dwelling on Larch Road and Ormand Place, and known as Block 203, Parcel 280 on the Tax Assess- ment Map of the Town of Mamaroneck, having a set back of less than 40 feet from Ormand Place, on the ground that Article III, Section 9 of the Zoning Ordinance of the Town of Mamaroneck 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. 189 The Chairman asked if anyone present wished to speak either for or against this application, and the following persons were heard: For Appellant: C. W. W. Cook, 15 Campbell Lane Larchmont, N Y Dr. Arnold Breakey, Durham Road Larchmont, N Y In Opposition; None Mr. Cook appeared and showed the plans he had submitted with this application. The Board examined the plans and asked several questions of Mr. Cook and Mr. Friedlander. Mr.. Cook explained that because of the contour of the land it was almost impossible to have the house built to comply with the 40 foot set back. He stated that if he had to build in conformance with the Zoning Ordinance he would have no back yard and a 200 foot front yard. Dr. Breakey, representing several neighbors adjacent to the property in question, Mrs. Forbes, Mr. Gossweiler, Mr. Marks and Mr. Hory, stated that they were all in favor of the application. Mr. Jerome Wanshel, representing a neighboring property owner, Mr. Shapiro, stated they they were also in favor of the application, since to build the house in conformance with the Zoning Ordinance would casue the house to be poorly located as to neighboring houses. Upon determining that no one else wished to be heardeither for or against this application, on motion by Mr. Bierman, seconded by Mr. Schuler, the following resolution was unanimously adopted: WHEREAS, C. W. W. Cook has filed an appeal from a decision of the Building Inspector of the Town of Mamaroneck, refusing a permit for the erection of a one family dwelling having a set back of less than 40 feet from Ormand Place on a lot located on Larch Road, and known as Block 203, Parcel 280 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, C. W. W. Cook states that to build the house with the required set back would work undue hardship to the appellant and would result in the house being out of line with neighboring properties: and WHEREAS, this Board has viewed the property and has examined the plans and other matters submitted by the applicant and has heard all persons appearing for or against the appeal: 190 NOW, THEREFORE, BE IT RESOLVED that the appeal of C. W. W. Cook from the decision of the Building Inspector refusing the issuance of a permit for the erection of a one family dwelling having a set back of less than 40 feet from Ormand Place on a lot located on Larch Road and known as Block 203, Parcel 280 on the Tax Assessment Map of the Town of Mamaroneck, be granted on the grounds of practical difficulty and unnecessary 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, as amended, relating to set backs on corner lots on a lot located at Larch Road and Ormand Place, and known as Block 203, Parcel 280 on the Tax Assessment Map of the Town of Mamaroneck, be varied and modified so as to allow the erection of a one family dwelling with a set back of less than 40 feet from Ormand Place, as specified in Article III, Section 9 , which requires that no part of any building shall be built within 40 feet of any street line, except that on corner lots such buildings may be set back a less distance from the side street with the approval of the Board of Appeals, provided that the building is erected in strict accordance with the plans filed with this application and that the applicant com- plies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The Chairman requested the secretary to present the third application. APPLICATION NO. 3--JAMES N. DANDRY Application of McGovern, Vincent & Connelly, agents for James N. Dandry, for modification of Article II, Section 4, Subsection 12 of the Zoning Ordinance of the Town of Mamaroneck, as amended, so as to permit the premises located on the west side of the Boston Post Road, 350 feet north from Alden Road, and known as Block 409, Parcel 194 on the Tax Assessment Map of the Town of Mamaroneck, to be used as a Used Car Lot by the Cadillac Motor Car Di/vision of General Motors, on the ground that the location and character of the parcel make it impossible to be used profitably unless a variance be granted. 191 the following persons addressed the Board: For Appellant: Mr. Alfred Fanelli, Attorney Mr. Hans Kuhn, Larchmont Mr. James N. Dandry, Appellant In Opposition: Mr. J. W. Moran, 18 Alden Road Mr. R. Sexton, 22 Copley Road Mr. W. S. Brill, Larchmont Acres Mr. Alfred Fanelli, representing James N. Dandry, appeared and explained that the Argonaut Realty Division of General Motors would like to lease the property owned by Mr. Dandry. He submitted several pictures of other Used Car Lots operated by Argonaut to show that they were always maintained on a very high level. The Lots are kept clean and orderly and suitable screening is provided for lights, etc. Mr. Fanelli said that Mr. Dandry was naturally interested in obtaining a reasonable return on this property and had been unable to lease it for any other purpose. Mr. Bierman asked if any effort had been made to list it with brokers who might be able to obtain leases for other purposes. Mr. Fanelli replied that the property was listed with several brokers including those specializing in commercial properties but with no success. Mr. Brill stateithat he thought it should ascertained what steps would be taken to protect children from falling off the high ledge in the rear of the property. Mr. Fanelli said that a fence would be built in the rear of the property. Mr. Kuhn then stated that if a fence were erected to protect children and the lights were properly screened he had no objection to the application being granted. Mr. Bierman asked if they intended to erect a building on the property. Mr. Dandry answered that at this time there were no plans for building. Mr. Moran and Mr. Sexton then asked if they could have more time to study the Zoning Ordinance and see what other business could be con- ducted on this lot. 192 After further discussion on motion by Mr. Schuler, seconded by Mr. Sobel, the following resolution was unanimously adopted: Resolved that the hearing on the application of James N. Dandry be continued to the next regular meeting of the Board of Appeals on June 25, 1958. The secretary was instructed to write Mr. Dandry and tell him of the Board's action. The Chairman requested the secretary to present the first application. APPLICATION NO. 1--POST ROAD BUILDING CORP. Application of Post Road Building Corporation, by Irving Roussin, president, for modification of Article III, Section 9 of the Zoning Ordinance, as amended, so as to permit the erection of a one family dwelling on Hommocks Rpad, Block 414, Parcel 278 on the Tax Assessment Map of the Town of Mamaroneck, with a set back of 30 feet, frontage of 50 feet, six and eight foot side yards, on a plot 8800 square feet and habint a cubage of 29, 500, on the ground that the premises existed as a building plot prior to the change in the Zoning Ordinance, August 26, 1955. The Chairman asked if anyone present wished to address the Board, in favor of or against this application and the following persons were heard: For Appellant: Mr. Edward Tanenbaum, 271 North Avenue New Rochelle, N Y In Opposition: None Mr. Tanenbaum, attorney for Post Road Building Corporation, appeared and stated that this property had been acquired in the 1950s and various building plots had been sold. Now there are two pieces left and Mr. I. Roussin is desirous of building on the lot in question. Mr. Tanenbaum read a letter from Mr. Benjamin Marx, owner of the adjoining lot, in which Mr. Marx stated that he had no objection to this application being granted. Mr. Bierman asked if any effort had been made to sell the lot in question r 193 I to Mr. Marx. Mr. Tanenbaum said that Mr. Marx seemed to have all the property he wanted at this time. Mr. Tanenbaum was then asked if he had anything to show when this property had been subdivided. Mr. Tanenbaum produced a map known as Map #9862 which had been filed May 3, 1955. He was then asked if it had not been a known fact that the Zoning Ordinance was to be changed. Mr. Tanenbaum replied that he felt that this was not the question. His client is not able to build e5n the property unleas a variance be granted and this is causing him unnecessary hardship. Mr. Bierman and Mr. Schuler asked if the Board could have more time to study all the facts in the case. Following further discussion on motion by Mr. Sobel seconded by Mr. Bierman, the following resolution was unanimously adopted: RESOLVED that the hearing on the application of *he Post Road Building Corporation be continued to the next regular meeting of the Board of Appeals, on June 25, 1958. The Chairman instructed the secretary to tell Mr. Roussin of the Board's action. The Chairman also asked Mr. Tanenbaum to please have Mr. Roussin present at the next meeting and to bring contracts and deeds of sale for study by the Board. ADJOURNMENT There being no further business to come before the meeting it was adjourned to reconvene on Wednesday, June 25, 1958 at 8:00 p. m. \ Aks -I , L_I n4rtI (Oatcr'cd Secretary 194