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HomeMy WebLinkAbout1955_11_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD NOVEMBER 23, 1955, IN THE BOARD ROOM AT POLICE HEADQUARTERS, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK . PRESENT: Mr . Wullschleger, Chairman Mr . Maggini Mr . Schuler Mr. Burke Mr . Rigano ABSENT: None Presence was also noted of Mr . McEvoy, Building Inspector, Mr . Delius, Town Attorney, and Mrs . Barnes , Clerk to the Board and Recording Secretary. The Chairman called the meeting to order at 8 P. M. and on motion duly made and seconded, the minutes of the previous meeting, held October 26, 1955, were approved as presented . The Clerk read the first application before the Board which was that of Josephine E. Segreto for modification of Article II , Section 6 of the Zoning Ordinance, to permit addition to a non-conforming use, i .e . the enclosure of an existing porch, on premises located at No. 3 Hillcrest Avenue, known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 59 . Mrs . Segreto appeared and explained that it is her wish to enclose a porch and thus give more living space to her small 4 room home. There was no opposition to this application and the following people registered their approval : Bertha Mason, 11 Hillcrest Avenue Ruth Walston, 14 Judson Street Richard Greene, 21 Hillcrest Avenue There was also presented, a letter from R. G. Richards, 54 Edgewood Avenue, giving approval to the application . This was received and filed . The Clerk read the second application before the Board which was that of Alfred Willis, as agent for Tarter, for modification of Article II , Section 3 of the Zoning Ordinance as amended, to allow extension of present building into an "A" residence zone on premises located at 434 6 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Parcel 326. Mr . Willis appeared and explained that it is Mr . Tarter 's wish to extend his building 30 feet to the rear and 30 feet to the front, which will cause an extension of about 28 feet into an "A" residence zone . This is asked in order that the man may use his business in the winter time. The washing apparatus will be back in the new area and the entire operation will be indoors . It is a hardship to work outside in the winter. -41- Mr. Schuler objected to the sale of Prestone on these premises . Mr . Philip Tarter, 384 Oxford Road, New Rochelle, the applicant, also appeared and said they are applying for a 100-foot building because this' is considered the ideal length for a modern car-washing plant. Anything smaller means a "tie-up" area. The contemplated building will make the operation smoother. When he bought this shop, there was no competition. The additional space will give him area for 2 "dry-ups" . This is the reason for requested increased depth of the building. His hardship, he said , is that the car is sprayed just before it comes out, and the water will freeze in the winter. He cannot keep men working under these conditions . He promised to give up selling Prestone which, he said , he had kept just as a convenience for his customers . He will landscape the premises if the variance is granted , as well as building a modern building and car-washing establishment . He has already filled in the area in the rear of his building. There was no one else in favor of this application . The following registered opposition: Mr . Louis Gagliardi, 34 Hartung Street , representing his mother, who has owned their premises 26 years . Mr . Louis Argenta, representing his mother, who lives at 38 Hartung Street . Mrs . Elizabeth Loveley, 9 Dillon Road, who owns property on Hartung Street . They object to the proposed building because they want to see the area developed with homes . Mrs . Loveley says the water from the car washing land runs on to her property. Mr. Tarter said the drainage problem has been take care of and the water which now runs onto Mrs . Loveley's land comes from the actual washing of cars outside, and this he will be able to remedy if all cars are washed indoors . The Board declared the public hearings closed and went into executive session . After discussion, on motion duly made and seconded, the following resolution was adopted : WHEREAS , Josephine E. Segreto has appealed to this Board for modification of Article III , Section 9 of the Zoning Ordinance as amended, to permit addition to a non-conforming use, i .e . the enclosure of an existing porch on premises located a.t No. 3 Hillcrest Avenue known on the Tax Assessment Map of the Town of Mamaroneck as Block 122, Parcel 59 ; and -42- WHEREAS, this application has come on duly to be heard by this Board at its meeting held November 23, 1955; and WHEREAS, the members of this Board have inspected the property for which a variance is requested ; and WHEREAS , it would appear to be a hardship to applicant to deny per- mission to increase living space by way of enclosing an existing porth; and WHEREAS , all persons, either in favor of or against this application have been heard , NOW, THEREFORE BE IT RESOLVED that the appeal of Josephine E . Segreto be and it hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting addition to a non-conforming use, i .e . the enclosure of an existing porch on premises located at No. 3 Hillcrest Avenue, known on the Tax Assessment Map as Block 122 Parcel 59, in accordance with plans filed with the Building Inspector, provided, however, that in all other respects applicant comply with the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote on this resolution was recorded as follows : AYES: Mr. Wullschleger Mr. Maggini Mr . Schuler Mr. Burke Mr. Rigano • NOES : None The Board next took up the application of Alfred Willis as agent for Philip Tarter, and on motion duly made and seconded , it was RESOLVED that the application of Alfred Willis as agent for Philip Tarter, for modification of Article II , Section 3 of the Zoning Ordinance as amended , to allow extension of present building into an "A" residence zone on premises located at 434 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Parcel 326, be and it hereby is denied on the ground that applicant has failed to show unnecessary hardship or practical difficulty. A vote on this resolution was recorded as follows : AYES: Mr . Burke Mr. Rigano Mr. Maggini NOES : Mr. Wullschleger Mr. Schuler There being no further business to come before the meeting, it adjourned at 8: 50 P. M. -432 ecretary