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HomeMy WebLinkAbout1955_10_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD OCTOBER 26, 1955, IN THE COURT ROOM AT POLICE HEADQUARTERS , 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. PRESENT: Mr . Wullschleger, Chairman Mr. Burke Mr. Schuler Mr . Rigano Mr . Maggini 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 3 , 1955, were approved as presented . The first application before the Board was that of Fetner Realty & Construction Co. , Inc . for modification of Article II , Section 7 of the Zoning Ordinance , to permit storage and sale of gasoline in fire- proof building, containing an automobile storage garage, on premises located on the north side of Washington Square, known on the Tax Assessment Map as Block 133 Parcel 449 . Mr. Hyman Rich, 50 East 42nd Street, an attorney, represented Mr. Alfred Fetner, who was also present . Mr. Rich said it was planned to have the pump located on the first floor of the building. The want only one pump to accommodate the tenants in the apartment house serviced by the garage, which was constructed under a variance granted by this Board on June 23, 1954. The gasoline would be for the sole use of the tenants in the building where there is storage room for 65 cars on the first floor and 40 cars "downstairs" . There is 24 hour service in this garage . This application was opposed by Mr. Arthur Mancini, Jr . , who operates a garage at No. 1 Vine Street in the Town, where gasoline is sold . Mr. Mancini feels the proposed gasoline pump will offer competition to the service stations in the vicinity . He said many of the residents in the apartment house are customers of his . Mr. Patsy Giacomo, 93 Madison Avenue, who was granted a variance by this Board on September 28, 1955, to build and operate a garage and service station on Madison Avenue, appeared and said he has been trying to obtain a variance from this Board for some time and had been "turned down because it was said there was no need for another garage" . He feels this application for a gas pump should be denied as it offers competition to the service stations in the area. -3 7- Mr. William Perciasepe appeared to represent his father who owns the Free Parking Service Station and has customers from the apartment and , therefore, feels the pump will hurt his business . Mr. Rich spoke briefly in rebuttal . There being no further opposition, the Chairman declared the hearing closed. The next application before the Board was that of Alphonse Finelle, for modification of Article III , Section 9 as amended, to permit enlarge- ment of present garage, which will bring the structure within 6 feet of the side line, i .e . 3 .8 feet, on premises located at 19 Stoneyside Drive and known on the Tax Assessment Map as Block 211 Parcel 14 . Dr. Finelli was present and said he had two cars , one of which is a very small coupe, but, even that, he can put in his present garage only with great difficulty. Consequently, both his cars are always left outside . Mr. Frederick Silver, representing his wife, Mrs . Anna Silver, owner of property located at No. 48 Ellsworth Road, the rear property line of which abuts the side line of the subject property, addressed the Board and stated that he and his wife have owned their home for approximately 27 years and they feel the application is not based on any unusual situation or hardship and that the Zoning Ordinance should not be "torn down merely for convenience" . He filed a memorandum in opposition to the application, with the Board . Mr. Silver also feels that a variance will depreciate the value of his house . Dr. Finelli stated he had been advised by his architect that there is no other way of converting his garage into a two-ca.r garage and inas- much as the rear of the Silver property abuts his side line, he does not feel it will depreciate their property, but rather, will enhance its value . There was no further opposition to this application and the Chairman duly declared the hearing closed . The Board then went into executive session and after considerable dis- cussion, on motion duly made and seconded, the following resolution was adopted : WHEREAS, Alphonse Finelli has appealed to this Board for modifica- tion of Article III , Section 9 of the Zoning Ordinance as amended, to permit enlargement of present garage, which will bring the structure within 6 feet of the side line, i .e . 3.8 feet, on premises located at 19 Stoneyside Drive and known on the Tax Assessment Map as Block 211, Parcel 14 ; and WHEREAS , this application has come on duly to be heard by this Board at its meeting held October 26, 1955; and -38- rommm....... WHEREAS , the members of this Board have inspected the property for which a variance is requested; and WHEREAS , there appears to be a hardship upon the applicant insofar as it is impossible for him to enlarge his present garage to accommodate two automobiles without obtaining this variance; and WHEREAS , all persons, either in favor of or against this application have been heard , NOW, THEREFORE, BE IT RESOLVED that the appeal of Alphonse Finelli be and it hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting enlargement of present garage which enlargement will bring the structure within 6 feet of the side property line, i .e . 3 .8 feet , on premises located at 19 Stoney- side Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 14, 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. Rigano Mr. Burke Mr . Schuler Mr. Maggini NOES : None The Board next took up the application of Fetner Realty & Construction Co. , and on motion duly made and seconded, it was RESOLVED that the application of Fetner Realty & Construction Co. , Inc . for modification of Article II , Section 7 of the Zoning Ordinance, to permit storage and sale of gasoline in a fireproof building, containing an automobile storage garage, on premises located on the north side of Washington Square and known on the Tax Assessment Map as Block 133 Parcel 449, 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. Wullschleger Mr. Rigano Mr. Burke Mr. Schuler Mr . Maggini NOES : None There being no further business to come before the meeting, it adjourned at 9: 15 P. M. 1 , r6L,,,,,-„,,, Secretary -39-