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HomeMy WebLinkAbout1958_10_22 Zoning Board of Appeals Minutes r MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD OCTOBER 22, 1958, IN THE COURT ROOM OF THE MAMARONECK POLICE DEPARTMENT, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER Mr. Wullschleger, Chairman, called the meeting to order at 8:00 p. m. PRESENT: Mr. Wullschleger, Chairman Mr. George Schuler Mr. Sydney Bierman Mr. Robert Parsons Mr. Laurence Sobel ALSO PRESENT: Mr. Thomas J. McEvoy, Town Assessor APPROVAL OF MINUTES The minutes of the meeting of October 1, 1958, were approved as presented. HEARINGS The secretary presented the affidavit of publication of notice of the hearings as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on October 15, 1958. Mr. Wullschleger stated that he had received a letter from Post Road Building Corporation asking that the re-hearing of their application be placed first on the agenda. The Chairman said that since this was a re-hearing he would grant this request. Mr. Wullschleger declared the hearing open and requested the secretary to present the third application . I APPLICATION NO. 3--POST ROAD BUILDING CORP. Application of Post Road Building Corporation, by Irving Roosin, president, for modification of Article III, Section 9 of the Zoning Ordinance, of the Town of Mamaroneck, as amended, so as to permit the erection of a one family dwelling on Hommocks Road, known as 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, 6 and 8 foot side yards, on a plot 8800 square feet and having a cubage of 29, 500, on the ground that the premises existed as a building plot prior to the change in the Zoning Ordi- nance, August 26, 1955. (RE-HEARING) The Chairman asked if anyone present wished to address the Board either in favor of or opposed to this application and the following persons addressed the Board: For Applicant: Murray Fuerst, Esquire, 271 North Ave. New Rochelle, Attorney for Post Road Building Corporation In Opposition: George T. Christ, Esquire, 20 Exchange Place, N. Y., Attorney for Agrion Company, Inc. Mr. Fuerst, attorney for the Post Road Building Corporation, expressed his thanks to the Board for hearing this application first. He then submitted several documents in support of the application. Copies of these documents are appended to these minutes. Petitioner's exhibits B, C, D and E. At the suggestion of Mr. Bierman, Mr. Fuerst stipulated that the data submitted and the facts presented by all parties at all prior hearings of this matter were to be considered as part of the record of this hearing. Mr. Christ, attorney of Agrion Company, Inc. , then addressed the Board, He submitted a Protest signed by Robert Mulreany, Vice President of Agrion Co. , Inc. and two memoranda citing decisions of similar cases. These papers are appended to these minutes. Respondents Exhibits 1 , 2 and 3. The secretary then read a letter from Robert D. Spickler, 45 Hommocks Road, Larchmont, stating that he is still opposed to granting of this application. This letter is filed with these minutes. Following some further discussion, on motion by Mr. Schuler, seconded by Mr. Parsons the following resolution eas adopted. WHEREAS, Post Road Building Corporation on the 8th day of May, 1958, filed an application with this Board for a variance in connection with premises known as Block 414, Parcel 278, on the Tax Assessment Map of the Town of Mamaroneck so as to vary Article III, Section 9 of the Zoning Ordinance, as amended, which requires that in AA zone frontage of 100 feet, 40 foot set-back, side yards totaling 30 feet, neither side yard to be less than 10 feet, plot area not less than 15,000 square feet, on the ground that plot owned by applicant is 50x189 feet, by reason of which it is impossible to construct a building to conform with building ordinance. Applicant stated premises existed as a building lot prior to Zoning Change; and WHEREAS, this application came to be heard on May 28, 1958, at which time it was continued to the regular meeting of this Board on June 25, 1958; and WHEREAS, the matter came on again to be heard on June 25, 1958, at which time certain documents and exhibits were submitted and facts were presented to this Board after which it was again continued to a special meeting to be held on August 6, 1958; and WHEREAS, on August 6, 1958, four members being present a motion to grant this application failed to pass by reason of the fact there were two for and two against such as; Mr. Bierman Aye Mr. Parsons Naye Mr. Sobel Aye Mr. Schuler Naye Mr. Wullschleger absent and not voting. WHEREAS, at a regular meeting of this Board on October 1, 1958, the Board granted a re-hearing to be held on October 22, 1958; and WHEREAS, the matter was before this Board for a re-hearing on October 22, 1958: NOW, THEREFORE, BE IT RESOLVED that this application be denied upon the ground that the petitioner has failed to show practical difficulty or unnecessary hardship except as such hardship is self-imposed and that Post Road Building Corporation is still in fact owner of the adjoining premises known as lot B on "Map Re-Sub- division of Lots 2-3-4-5-6 as shown on Subdivision Map Hommocks Estates Village and Town of Mamaroneck, West- chester County, N. Y. and filed June 22, 1950, as Map no. 7112" made by Sal Spinelli, N Y State License #23043 and filed in the County Clerk's Office, Division of Land Records as Map #9862. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. Mr. Wullschleger then asked that a vote be taken and the vote was as follows : Chairman Wullschleger Aye Mr. Parsons Aye Mr. Schuler Aye Mr. Bierman Naye Mr. Sobel Naye The Chairman asked the secretary to read the first application. APPLICATION NO. 1--JOSEPH MIRABELLA Application of Joseph Mirabella for modification of Article III, Section 14 of the Zoning Ordinance, as amended, so as to allow 1/10th of an acre required for one family be allowed for two family, on premises located on the north side of Blossom Terrace, and known as Block 403, Parcel 245 on the Tax Assessment Map of the Town of Mamaroneck, on the ground of practical difficulty and unnecessary hardship. The Chairman asked if anyone present wished to speak either in favor of or in opposition to thi s application and the following persons addressed the Board: For Application Mr. Joseph Mirabella, 930 E 212 St. Bronx, New York In Opposition Mr. Walter Gruver, 253 Palmer Ave. , Larchmont In Opposition (cont) Mr. James Weldon, 257 Palmer Ave. , Larchmont Mr. Arthur McGinnis, 255 Palmer Ave. , Larchmont Mr. Daniel Russo, 9J3lossom Terrace, Larchmont Mr. Mirabella appeared and stated that he had bought this property in 1955 and had purchased an additional 25 feet in 1956. He had been told at that time that he could build a two family house on these premises. He further stated that he and his father desired to build a two family house which would be occupied by Mr. Mirabella and his family and his father and sister. Mr. Mirabella also pointed out that he has 8, 070 square feet of land and is only 642 square feet short of the required 8, 712 square feet. Mr. Gruver, acting as spokesman for the other residents of the area said that although they appreciated Mr. Mirabella's problem they felt that to allow another two family house to be built would depreciate the value of their homes. Upon determining that no one else wished to be heard either for or in opposition to this application it was on motion by Mr. Parsons, seconded by Mr. Sobel the following resolution was adopted: WHEREAS, Joseph Mirabella, has filed an application with this Board for a variance in connection with premises known as Block 403, Parcel 245, on the Tax Assessment Map of the Town of Mamaroneck, requesting a modification of Article III, Section 14 of the Zoning Ordinance, as amended, so as to allow the 8, 070 square feet of land to be used for a two family house; and WHEREAS, Joseph Mirabella requests that because of practical difficulty and unnecessary hardship this Board grant a variance; and WHEREAS, this Board has viewed the property and has examined the data submitted by the Appellant, and has heard all persons appearing for or against the appeal; I NOW, THEREFORE, BE IT RESOLVED that the application of Joseph Mirabella, for a variance requesting modification of Article III, Section 14, of the Zoning Ordinance, as amended, so as to allow the 8, 070 square feet owned by applicant to be used for the erection of a two family house, is denied, on the ground that Appelland has failed to show and practical difficulty or unnecessary hardshil ; and it is FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The vote on the foregoing resolution was as follows: Chairman Wullschleger Naye Mr. Schuler Naye Mr. Parsons Aye Mr. Sobel Aye Mr. Bierman Aye The Chairman requested the secretary to read the second application. APPLICATION NO. 2--KARL RUZE Application of Karl Ruze for modification of Article III, Section 9, of the Zoning Ordinance, as amended, so as to allow a 20 foot set-back rather than the required 30 foot set-back, on premises located on Harrison Drive, and known as Block 502, Parcels 228 and 323 on the Tax Assessment Map of the Town of Mamaroneck, on the ground of practical difficulty and unnecessary hard- ship. Mr. Wullschleger asked if anyone present wished to address the Board either in favor of or in opposition to this application and the following persons were heard: For Appellant Mr. Albert F. Campbell, 271 North Ave. New Rochelle, Attorney for Mr. Ruze. In Opposition Mr. R. B. Sinclair, 20 Harrison Drive, Larchmont Mr. L. B. Monroe, 32 Harrison Drive 1 r Mr. Campbell, representing Mr. Ruze, addressed the Board and pointed out that due to the topography of the land it was practically impossible to build a house with a 30 foot set-back. Mr. Sinclair stated that he felt if the house was only set back 20 feet it would create a traffic hazard in that it would make it difficult to see on-coming cars. Mr. Monroe agreed with Mr. Sinclair's statement and added that this was a heavily traveled street especially during commuting hours and that there also were many children in the neighborhood who would be in danger. The Board then examined a survey map entitled "Survey of Lots 58-59-60 snf 61 Block G on Map of Sound Shore, New Rochelle, N. Y. " made by T. J. McEvoy, N Y License #21387, and dated June 30, 1958. After some discussion Mr. Ruze agreed to amend his app;ication and build his house with a 30 foot set-back from the eastside of Harrison Drive and a 20 foot set-back from the south side of Harrison Drive. Thereupon, after the Chairman ascertained that no other person wished to speak either in favor of or in opposition to this application, on motion by Mr. Schuler, seconded by Mr. Wullschleger, the following resolution was unanimously adopted: WHEREAS, Mr. Karl Ruze has filed an appeal from a decision of the Building Inspector of the Town of Mamaro- neck, refusing a permit for the construction of a house located at Harrison Drive and known as Block 502, Parcel 228 and 323 on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, Mr. Karl Ruze requests that because of top- ographical characteristics this Board grant a variance and over-rule the decision of the Building Inspector; and WHEREAS, this Board has viewed the property and has examined the plans and other matter submitted by the applicant, and has heard all persons appearing for or against the appeal; and WHEREAS, Mr. Karl Ruze had agreed to amend his application so that there is a 30 foot set-back from the east side of Harrison Drive: NOW, THEREFORE, BE IT RESOLVED that the appeal of Karl Ruze from the decision of the Building Inspector refusing the issuance of a permit for the construction of a building on premises located on Harrison Drive and known as Block 502, Parcels 228 and 323 on the Tax Assessment Map of the Town of Mamaroneck, be granted on the grounds of practical difficulty and un- necessary hardship as recited in the application and which this Board finds exists; and it is FURTHER RESOLVED that the application of the provision of the Zoning Ordinance of the Town of Mamaroneck, i. e. Article III, Section 9 of the Zoning Ordinance, as amends:.; relating to set-back requirements on premises located on Harrison Drive and known as Block 502, Parcels 228 and 323 on the Tax Assessment Map of the Town of Mamaroneck, be varied and modified so as to allow the construction of a one family house having a set-back of 30 feet from the east side of Harrison Drive and a 20 foot set-back from the south side of Harrison Drive, provided that the appli- cant complies in all other respects with the Zoning Ord- inance 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. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:45 p. m. Secretary