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HomeMy WebLinkAbout1954_10_27 Zoning Board of Appeals Minutes R MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD OCTOBER 27, 1954, IN THE COURT ROOM OF THE MAMARO- NECK TOWN POLICE DEPARTMENT, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. Mr. Wullschleger called the meeting to order at 8 P. M. PRESENT: Mr . Wullschleger, Chairman Mr. Rigano Mr . Schuler ABSENT: Mr. Burke Mr . Maggini Presence was also noted of Mr. McEvoy, Building Inspector, Mr. Delius, Town Attorney, and Mrs . Barnes, Clerk to the Board and Recording Secretary. On motion duly made and seconded, the minutes of the previous meeting, held September 22, 1954, were approved as presented . The Clerk read the first application to be taken up by the Board which was that of C . W. Moody for modification of Article III , Section 9 of the Zoning Ordinance a.s amended, to permit erection of a one-family dwelling in an AA residence zone, to be less than 40 feet from the front property line, to wit, 25 feet, on premises located at No. 3 Dudley Lane and known on the Tax Assessment Ma.p of the Town of Mamaroneck as Block 313, part of Parcel 1 . Mr . Moody appeared and submitted a plot plan and plans of the house. He said this plot is the most difficult of all on that street, to locate a house because there is an absolute precipice of rock at the rear of the lot . Mr. Moody presented a letter from Mr. Harvey M. Manss, 5 Dud- ley Lane, in support of his application. Mr . J. H. Per-Lee, 1 Dudley Lane, said he was very sympathetic to Mr. Moody's objective, and was present at the meeting merely in an effort to establish the location of his lot line . There was no opposition to this application. The next application considered by the Board was that of Edward Leone for modification of Article II , Section 6 of the Zoning Ordinance, to permit erection of gasoline pump and storage tank to service taxicabs in connection with a non-conforming use located in a B-2 residence zone, namely 27 Murray Avenue, known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcel 214. Mr. Leone appeared and said he needs this tank in the operation of his taxi business . Mr. Arthur Bogardus, 17 Overlook Terrace said he is very much opposed to this application. Mr. Louis Bernstein, 1 Huguenot Drive, said he was present as an official of the Larchmont Hills Association which represents the area, -190- and he was under instructions from their Executive Committee to appear and voice unanimous objection of the Association against any further down-zoning of the area. Mr . Schuler suggested that in future, it might be a good idea for associations, interested in any way in an application, to present their views to the Zoning Board by means of a resolution adopted by the said association. Mr . Robert Parsons, 42 North Chatsworth Avenue, and Mr. Alfred M. Georger, 35 Echo Lane, registered opposition to the Leone applications, Mr. Joseph C . Goodman, one of the owners of Chatsworth Gardens Apart - ments, feels that, as the Leone property is in close proximity to a high-grade apartment house, (Chatsworth Gardens) granting of the vari- ance will create a dangerous situation and increase the fire hazard thus making increased fire insurance necessary. Also he thought that to add to a non-conforming use of this sort in a strictly residential area would be against good zoning. The Board went into executive session and on motion duly made and seconded, the following resolution was adopted: WHEREAS, Edward Leone has appealed to this Board for modification of Article II , Section 6 of the Zoning Ordinance, to permit erection of gasoline pump and storage tank to service taxicabs in connection with a non-conforming use located in a B-2 residence zone, namely 27 Murray Avenue, known on the Tax Assessment Map of the Town of Mamaroneck as Block 127, Parcel 214; and WHEREAS , this application has come on duly to be heard by this Board at its meeting held October 27, 1954; and WHEREAS , all persons , whether for or against the application, have been heard by this Board, NOW, THEREFORE, BE IT RESOLVED that the appeal of Edward Leone, for modification of Article II , Section 6 of the Zoning Ordinance to permit erection of gasoline pump and storage tank to service taxi- cabs in connection with a non-conforming use located in a B-2 residence zone, namely 27 Murray Avenue, known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcel 214, be and it hereby is denied on the ground that applicant has failed to show unnecessary hardship or practical difficulty in abiding by the provisions of the Ordinance . A vote on this resolution was recorded as follows : AYES : Mr. Wullschleger Mr. Rigano Mr. Schuler NOES: None -191- The Board next considered the application of C . W. Moody and on motion duly made and seconded, the following resolution was adopted: WHEREAS, C . W. Moody has appealed to this Board for modification of Article III , Section 9 of the Zoning Ordinance as amended, to permit erection of a one-family dwelling in an AA residence zone, to be less than 40 feet from the front property line, to wit, 25 feet, on premises located at No. 3 Dudley Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 313 , part of Parcel 1 ; and WHEREAS, this application has come on duly to be heard by this Board at its regular meeting held October 27, 1954 ; and WHEREAS, IT appears that it would be an unnecessary hardship be- cause of extreme topographical conditions, to require applicant to comply with the strict provisions of this Ordinance ; and WHEREAS, all persons, either in favor of or against this applica- tion, have been heard, NOW, THEREFORE, BE IT RESOLVED that the appeal of C . W. Moody be and the same hereby is allowed and the decision of the Building Inspec- tor reversed to the extent of permitting the erection of a one-family dwelling in an AA zone to be less than 40 feet from the front property line, to wit, 25 feet, on premises located at No. 3 Dudley Lane and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 313, part of Parcel 1, in accordance with plans and plot plan filed in connection with the application, provided, however, that in all other respects, applicant comply with the Zoning Ordinance and Building Code of the Town of Mamaroneck. The vote on this resolution was recorded as follows : AYES: Mr. Wullschleger Mr. Rigano Mr. Schuler NOES: None There being no further business to come before the meeting, it ad- journed at 8:40 P . M. V Secretary -192-