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.
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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.
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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:
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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
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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.
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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:
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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.
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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.
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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
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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
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