HomeMy WebLinkAbout1951_10_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE
TOWN OF MAMARONECK, HELD IN THE MAMARONECK TOVN POLICE .STATION AT
11 EDGEWOOD AVENUE, TOWN OF MAMARONECK, ON OCTOBER 24th, 1951.
Mr. Wullschleger called the meeting to order at 8 P . M.
PRESENT: Mr. Wullschleger, Chairman
Mr. Maggini
Mr. Rigano
Mr. Burke
Mr. Brush
ABSENT: None
Presence was also noted of Mr. McEvoy, Building Inspector, Mr. Delius,
Town Attorney, and Mrs. Barnes, Clerk to the Board.
On motion duly made and seconded, the minutes of the previous meet-
ing, held September 26th, 1951, were approved as presented.
The first application before the Board was that of S. W. Kiviat,
for modification of Article III, Section 9 as amended, to permit the
extension of a non-conforming use, i.e. , extension of an existing
garage which is within 40 feet of the street line, that is, 36.2 feet
from Oakdale Road, on premises known as 5 Oakdale Road and also known
as Block 224, Parcel ±5-B on the Tax Assessment Map of the Town of
Mamaroneck.
Mr. Kiviat appeared in behalf of the application and submitted a
blue print plan, plot plan and pictures of the proposed extension.
He said that he wished to enlarge nis garage which, although a two-
car garage, is not large enough for two present day cars. He also
said he would improve the construction of the garage, by strengthen-
ing it.
Most of the other houses on that street, said Mr. Kiviat, are within
40 feet of the street line.
There was no opposition to this application.
The next application was that of Alfred Willis, Agent for Jane
Cornell, for modification of Article III, Section 9 as amended, to
permit the erection of 2 one-family dwellings on premises on the
north side of Mohegan Road, 300 feet from Dundee Road, known as
Block 208, Parcel 505 on the Tax Assessment Map of the Town of
Mamaroneck (Lots 58 and 59) each with less than 100 feet of frontage;
containing areas of less than 15,030 square feet; and having a set-
back of less than 40 feet, to wit, 30 feet from Mohegan Road.
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Mr. Willis appeared in behalf of the application and addressed the
Board. He said the property had been purchased from the Town by
Mrs. Cornell and himself in March, 1946. He submitted a plot plan of
the lots, which shows a right of way through the center . All of the
property on that side of the street, according to Mr. Willis, is
short in depth.
Also, he said, 95% of the houses on that side of the street are 30 feet
back from the street line. There are also some houses on the opposite
side of the street with 30 foot set-backs .
Mrs . Frank White, 8 Oxford Road, asked about the side set-backs and
was informed that no variance was being asked with regard to side
set-backs.
Mrs. Peter Burbank asked about the cubic content of the proposed houses
and was also informed that, as with the side set-backs, no variance
was being requested in connection with the cubic contents.
There was no opposition.
The next application before the Board was that of Robert E . Thompson
for a variance in the use of property to permit a one-family dwelling
to be changed to a two-family dwelling on premises known as 49 Dillon
Road in the Town of Mamaroneck and as Block 504 Parcel 598 on the
Assessment Map of the Town of Mamaroneck.
Mr. Thompson appeared in behalf of the application and addressed the
Board.
He said that when he purchased the house, about 2 years ago, he had
been led to believe it was a two-family house. There had been two
families living in it at the time he purchased it and the additional
family continued to live there until this past July when they moved.
It had been represented to him as a two-family house.
Mr. A . L. Morris, 52 Dillon Road, said the neighborhood is the type
which would not be unsuitable for two-family houses. There is a two-
family house directly across the street belonging to Mr. A . T. E .
Newkirk, 56 Dillon Road, and two doors further up the street there is
another two-family house. Mr. Morris said his own house is a one-
• family house but he does not believe that another two-family house
would depreciate the neighborhood.
Mr. Charles R. Pope, 53 Dillon Road, said he would agree with what Mr.
Morris said.
Mr. C . J . Braddock, 45 Dillon Road and Mr. James Phillips, 41 Dillon
Road, said they would also be in favor of the application.
Mr. John Hodgdon, 25 Pryer Manor Road, first said he wished to regis-
ter opposition to the application but later withdrew his objection.
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Mr. Sidney Doherty, 3 Gaillard Place, asked whether the outside con-
struction of the house would be changed, and Mr. Thompson said there
would be no change.
Mr. Newkirk said he did not wish to make any comment but had no objection.
Mrs. V. C . Palmer, representing Mr. and Mrs. Neils P . Hansen, 23 Dillon
Road, said she had no objection to the present application but she did
wish to register a protest against three places of business which Ere
operating in that neighborhood. Mrs. Palmer was informed that this
would be a matter to be taken before the Town Board.
The Board then went into executive session and after discussion, on
motion duly made and seconded, the following resolution was adopted:
WHEREAS, S . W. Kiviat has appealed to this Board for modification
of Article III, Section 9 of the Zoning Ordinance as amended, to permit
the extension of a non-conforming use, i.e. extension of an existing
garage which is within 40 feet of the street line, that is, 36.2 feet
from Oakdale Road, on premises known as 5 Oakdale Road and also known
as Block 224, Parcel - 8- on the Tax Assessment Map of the Town of Mamaro-
neck; and
WHEREAS, the application came on duly to be heard before this
Board at its regular meeting, held October 24th, 1951; and
WHEREAS, it appears that it would be an unnecessary hardship to
require the applicant to comply with the strict provisions of the
Ordinance,
NOW, THEREFORE, BE IT
RESOLVED that the appeal of S . W. Kiviat be and the
same hereby is allowed and the decision of the Building
Inspector reversed to the extent of permitting the ex-
tension of a non-conforming use, i.e. extension of an
existing garage which is within 40 feet of the street
line, that is, 36.2 feet from Oakdale Road, on premises
known a Oakdale Road and also known as Block 224,
Parcel -5t on the Tax Assessment Map of the Town of
Mamaroneck, in accordance with plans and drawings filed
in connection with this application, provided, however,
that in all other respects, applicant comply with the
provisions of the Ordinance and Building Code of the
Town of Mamaroneck.
The vote recorded on this resolution was as follows:
AYES: Mr. Wullschleger
Mr. Maggini
M r. R ig a no
Mr. Burke
Mr. Brush
NOES: None
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The Board next discussed the application of Alfred Willis, Agent for
Jane Cornell, and on motion duly made and seconded, the following
resolution was adopted:
WHEREAS, Alfred Willis, Agent for Jane Cornell, has appealed to
this Board for modification of Article III, Section 9 as amended, to
permit the erection of 2 one-family dwellings on premises on the
north side of Mohegan Road, 830 feet from Dundee Road, known as Block
208, Parcel 505, on the Tax Assessment Map of the Town of Mamaroneck
(Lots 58 and 59) each with less than 100 feet of frontage; containing
areas of less than 15,000 square feet; and having a set-back of less '
than 40 feet, to wit, 30 feet from Mohegan Road; and
WHEREAS, the application came on duly to be heard before this
Board at its regular meeting held October 24th, 1951; and
WHEREAS, it appears that it would be an unnecessary hardship,
because applicant was the owner of the property before the 1948 amendment
of the Z oning Ordinance, creating the AA zone, and also because of the
pipe easement which runs through the middle of the property, to require
the applicant to comply with the strict provisions of the Ordinance,
NOW, THEREFORE, BE IT
RESOLVED that the appeal of Alfred Willis, Agent for Jane
Cornell, be and the same hereby is allowed and the deci-
sion of the Building Inspector reversed to the extent of
permitting the erection of two one-family dwellings on
premises on the north side of Mohegan Road, known as Block
208 Parcel 505 on the Tax Assessment Map of the Town of
Mamaroneck (Lots 58 and 59) each with less than 100 feet
of frontage, to wit, 97 feet front for Lot 58, and 99 feet
front for Lot 59; containing areas of less than 15,000
square feet, to wit, 10,200 square feet for Lot 58 and
10,100 square feet for Lot 59; and each having front set-
backs of less than 40 feet, to wit, 30 feet from Mohegan
Road, all in accordance with plans and specifications
filed in connection with this application, provided, how-
ever, that in all other respects, applicant comply with
the provisions of the Ordinance and Building Code of the
Town of Mamaroneck.
The vote recorded on this resolution was as follows:
AYES: Mr. Wullschleger
Mr. Brush
Mr. Burke
Mr. Rigano
Mr. Maggini
NOES: None
The Board next discussed the application of Robert E. Thompson, and on
motion duly made and seconded, the following resolution was adopted:
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WHEREAS, Robert E . Thompson has ap -ealed to this Board for a vari-
ance in the use of property, to permit a one-family dwelling to be changed
to a two-family dwelling on premises known as 49 Dillon Road in the Town
of Mamaroneck, and as Block 504 Parcel 598 on the Tax Assessment Map of
the Town of Mamaroneck; and
WHEREAS, tAe application came on duly to be heard before this Board
at its regular meeting Yield October 24th, 1951; and
WHEREAS, it appears that it would be an unnecessary hardship, be-
cause of the character of the neighborhood, to require the applicant to
comply with the strict provisions of the Ordinance,
NOW, THEREFORE, BE IT
RESOLVED that the appeal of Robert E. Thompson be and it hereby
is granted to the extent that the applicant be and he hereby is
given a variance from the strict provisions of the Zoning Ordin-
ance, to permit premises at 49 Dillon Road, known on the Tax
Assessment Map as Block 504, Parcel 598, to be used as a two-
family house instead of a one-family house.
The vote recorded on this resolution was as follows:
AYES: Mr. ti,ullschleger
Mr. Brush
Mr. Burke
Mr. Rigano
Mr. Maggini
NOES: None
There being no further business to come before the meeting, it adjourned
at 9: 10 P . M.
/ � I
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