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HomeMy WebLinkAbout1959_11_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD NOVEMBER 25, 1959, IN THE COURT ROOM OF POLICE HEADQUARTERS, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER Mr. Wullschleger, chairman, called the meeting to order at 8:00 p. m. PRESENT: Mr. A. E. Wullschleger, Chairman Mr. George Schuler Mr. Sydney Bierman Mr. Laurence Sobel Mr. Phil Corby ALSO PRESENT: Maurice Friedlander, Building Inspector and Town Engineer HEARINGS The secretary presented the affidavit of publication of notice of hearings as published in the official newspaper of the Town of Mamaroneck, the Daily Times, on November 19, 1959. The chairman declared the hearing open and requested the secretary to read the first application. APPLICATION NO. 1--HOME IMPROVEMENT ENGINEERS Case # 51 Application of Home Improvement Engineers for modi- fication of Article IV, Section 444 of the Zoning Ord- inance of the Town of Mamaroneck so as to permit the construction of an addition with a 6'9 side yard on a residence located at 9 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck 87 r as Block 214, Parcel 239 on the ground of practical difficulty and unnecessary hardship. This appeal is taken under Article V, Section 550. 2 of the Zoning Ordinance of the Town of Mamaroneck adopted June 29, 1959. The Chairman asked if anyone present wished to be heard either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Abraham Davis 9 Ellsworth Road Samuel Myerson 703 Webster Ave. , New Rochelle In Opposition: Robert L. Conkling 130 E. Garden Road, Larchmont Mr. Myerson, representing Mr. Davis, submitted plans for the addition to the residence at 9 Ellsworth Road. Mr. Davis stated that he and Mrs. Davis were very active in religious affairs and that this addition would give them the additional space they need. Mr. Conkling said that he was not actually objecting to the variance being granted but feld that the application should also state that the rear yard would now be 21 feet rather than the required 30 feet. Following further discussion on motion by Mr. Schuler, seconded by Mr. Corby the following resolution was unanimously adopted: WHEREAS, Home Improvement Engineers has filed an application for modification of Article IV, Section 444 of the Zoning Ordinance of the Town of Mamaro- neck so as to permit the construction of an addition with 6'9 side yard on a residence located at 9 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214, Parcel 239 on the ground of practical difficulty and unnecessary hardship; and WHEREAS it has been found that the application is in error in not stating that the rear yard would be 21 ' rather than the required 30' 88 I NOW, THEREFORE, BE IT RESOLVED that the application of Home Improvement Engineers be amended and readvertised and action on said application be deferred until the next meeting of the Board of Appeals on December 23, 1959. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The Chairman then asked the secretary to read the application of Bonnie Briar Country Club which had been adjourned from the October 28, 1959 meeting. APPLICATION--BONNIE BRIAR COUNTRY CLUB Case # 50 Application of Bonnie Briar Country Club for modi- fication of Article IV, Section 443. 1 of the Zoning Ordinance of the Town of Mamaroneck so as to permit the construction of an addition to the existing "ProShop" on premises located on Weaver Street, Town of Mamaroneck and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 225, Parcel 1 on the grounds of practical difficulty and unnecessary hardship. The Chairman asked if anyone present wished to speak either in favor of or in opposition to this application and the following persons were heard; For Applicant: Edward H. Burdick 96 Edgewood Ave. , Larchmont In Opposition: None Mr. Burdick, Chairman of the Planning Committee of Bonnie Briar Club, stated that this Club had been in existence for some thirty years and that it was now deemed necessary to enlarge the "Pro Shop" to facilitate the storing of golf equip- ment, and the added safety of members. Mr. Burdick was asked by the Board why the existing shop could not be extended in some other direction and Mr. Burdick said that due to the topography of the site this seemed the most feasible plan. 89 Following further discussion on motion by Mr. Bierman, seconded by Mr. Sobel the following resolution was unanimously adopted: WHEREAS, Bonnie Briar Country Club has submitted an application for a building permit to the Building In- spector for the construction and enlarging of an existing "Pro Shop" together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that the plans cubmitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Article IV, Section 410 and 440. 3 which have to do with use of land and buildings, height of buildings, etc. and non-conforming use of buildings; and WHEREAS, Bonnie Briar Club has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Present facilities inadequate 2. Present facilities unheated and poorly lighted, thereby creating a hazard and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED that this Board finds the following: (a) That there are special circumstances and conditions applying to the land and/or building for which a variance is sought, which circum- stances and/or conditions are peculiar to such land and/or building and do not apply generally to the land and/or buildings in the district and which circumstances and conditions have not resulted from any acts of the applicant sub- sequent to the date of the Zoning Regulations appealed from. 90 (b) That the aforesaid circumstances and/or conditions are as follows: 1. Applicant needs additional space to store golf equipment safely for club members. 2. Topography of land is such that this plan is the only feasible one. which said circumstances and or conditions are such that the particular application of the Ord- inance with respect to Section 410 would deprive the applicant of the reasonable use of such land and/or building and that for these reasons the granting of the variance is necessary for the reasonable use of the land and/or building and that the variance as granted by the Board is the minimum adjustment that will accomplish this purpose. (c) That the granting of this variance will be in harmony with the general purposes and intent of this Ordinance and will not be in- jurious to the neighborhood or otherwise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted to the applicant so that the existing "Pro Shop" may be enlarged and the caddy pen relocated subject to the following conditions: 1. Existing caddy waiting and assignment area on west side of existing structure to be eliminated and relocated. 2. Such area and confines to be located on the south side of the existing structure and the proposed extension thereof. FURTHER RESOLVED that in accordance with the Rules and Regulations of the Zoning Board, where a variance is granted the applicant shall obtain a building permit within three (3) months of the filing of this resolution with the Town Clerk. A Building Permit shall be void if construction is not started within a period of 6 months, or completed within a period of two years of the 91 of the date of said permit. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:00 p. m. Ruth Dammann, Secretary 92