HomeMy WebLinkAbout1959_10_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD
OF THE TOWN OF MAMARONECK, HELD OCTOBER 28, 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. Phil Corby
ABSENT: Mr. Laurence Sobel
ALSO PRESENT: John L. Delius, Town Attorney
Maurice Friedlander, Town Engineer and
Building Inspector
APPROVAL OF MINUTES
The minutes of the meeting of September 23, 1959, were
approved as corrected.
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 October 21, 1959.
The Chairman declared the hearing open and requested the
secretary to read the first application.
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APPLICATION NO. 1---VICTORIA SCHAEFER Case # 45
Application of Victoria Schaefer for modification of Article
IV, Section 410 of the Zoning Ordinance of the Town of
Mamaroneck so as to permit the addition of a dormer to
the second floor on a residence located at 734 Forest Ave. ,
Larchmont and known on the Tax Assessment Map of the
Town of Mamaroneck as Block 223, Parcel 8 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, as
adopted June 29, 1959.
The Chairman asked if anyone present wished to speak either
in favor of or in opposition to this application.
No one appeared, therefore the Chairman ruled that this ap-
plication would be postponed until later in the calendar and
requested the secretary to read the second application.
APPLICATION NO. 2---RUDY NOVAK Case # 46
Application of Rudy Novak for modification of Article IV,
Section 340 of the Zoning Ordinance of the Town of
Mamaroneck so as to permit the 2nd hundred feet of
property to be used for business and the 3rd hundred feet
to be used for parking on premises located at 1330 Boston
Post Road, Larchmont and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 411, Parcel 119
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 on
this application and the following persons appeared:
For Appellant: Edward P. Tanenbaum, Esquire
271 North Ave. , New Rochelle
In Opposition: Oscar H. Hartenau
1 Rock Ridge Rd. , Larchmont
Otto Scheuble
3 Rock Ridge Rd. , Larchmont
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Mr. Tanenbaum, representing Mr. Novak, appeared and stated
that he had come to the Zoning Board for this variance on the
advice of the Town of Mamaroneck Planning Board. He submitted
four exhibits, which are attached to the application, and stated
that this property was the only plot on the Post Road in single
ownership lying in two different use districts.
Mr. Bierman pointed out that no plans for any building had
been filed with this application.
Mr. Hartenau and Mr. Scheuble stated that the property was not
attractive and that they felt if this variance were granted it
would depreciate the neighborhood.
The secretary read two letters in opposition to this application
one from Mrs. Scheuble and the other from Charles R. Bragdon
of 4 Rock Ridge Road. These letters are filed with the ap-
plication.
Mr. Schuler said that he felt this application was more for a
re-zoning of the property than a variance.
Following some further discussion, upon motion by Mr. Schuler,
seconded by Mr. Corby the following resolution was unanimously
adopted:
WHEREAS, Rudy Novak has submitted an application
for a use variance requesting the 2nd hundres feet
of property to be used for business and the 3rd hun-
dred feet to be used for parking on premises located
at 1330 Boston Post Road and known on the Tax
Assessment Map of the Town of Mamaroneck as
Block 411, Parcel 119; and
WHEREAS, the Building Inspector has refused to
grant such usage on the grounds that it does not
comply with Article IV, Section 340 of the
Zoning Ordinance of the Town of Mamaroneck
which deals with lots in single ownership lying
in two districts; and
WHEREAS, Rudy Novak has submitted to this
Board an application for a variance on the
ground of practical difficulty and/or un-
necessary hardship for the following reasons:
See exhibit three on file with the application; and
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WHEREAS, this Board has examined the property
and has heard all persons interested in this ap-
plication after publication of a notice thereof,
NOW, THEREFORE, BE IT
RESOLVED that this Board denied the application
upon the following grounds:
(1) That there are no special circumstances
or conditions applying to the land for which
the variance is sought which circumstances
or conditions are peculiar to such land and
which do not apply generally to land in the
district.
(2) That the facts and circumstances
claimed by the applicant to entitle him to
the variance are not such as would deprive
him of the reasonable use of the land and
that the granting of the variance is not
necessary for the reasonable use of the land,
(3) That the granting of the variance would
not be in harmony with the general purposes
and intent of this Ordinance and would be in-
jurious to the neighborhood and detrimental
to the public welfare.
FURTHER RESOLVED that this decision be filed with
the Town Clerk as provided by Section 267 of the
Town Law,
The secretary then informed Mr. Wullschleger that Mr. Shearer,
agent for Mrs. Schaefer, was now present.
The Chairman requested the secretary to read the first appli-
cation again and stated that they would now consider the first case,
Mr. Wullschleger asked if anyone present wished to be heard
either in favor of or in opposition to this application and following
persons were heard:
For Applicant: Michael Shearer
3345 Reservoir Oval, N. Y. C.
In Opposition: None
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Mr. Shearer submitted the plan for the addition to the second floor
of Mrs. Schaefer's house and stated that Mrs. Schaefer is a widow
and her daughter , who will soon be married, would like to live
with her mother.
Following further discussion as to changing the plans to make the
addition more conforming upon motion by Mr. Bierman, seconded
by Mr. Schuler the following resolution was unanimously adopted:
WHEREAS, Mrs. Victoria Schaefer has submitted an
application for a building permit to the Building In-
spector for the construction of an addition to a one
family residence together with plans; and
WHEREAS, the Building Inspector has refused to issue
such permit on the grounds that the plans submitted
failed to comply with the Zoning Ordinance of the
Town of Mamaroneck with particular reference
to Article IV, Section 410 of said Ordinance which
provides for use of land or buildings, height of
buildings, yards and open spaces, etc; and
WHEREAS, Mrs. Victoria Schaefer has submitted
to this Board an application for a variance on the
grounds of practical difficulty and/or unnecessary
hardship for the following reasons:
1. Additional space needed to house
growing family, and
WHEREAS, this Board has examined the plans and
also has viewed the property and has heard all
persons interested in this application after publi-
cation 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 building for
which a variance is sought, which circum-
stances and/or conditions are peculiar to
such building and do not apply generally
to the buildings in the district, and which
circumstances or conditions have not
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resulted from any acts of the applicant
subsequent to the date of the Zoning Reg-
ulations appealed from.
b. That the aforesaid circumstances and or
conditions are as follows :
Mrs. Schaefer is the owner of a non-con
forming building and requires additional
space for her family which would increase
this non-conformity which said circum-
stances and/or conditions are such that
the particular application of the Ordinance
with respect to Section 410 would deprive
the applicant of the reasonable use of such
building and that for these reasons the
granting of the variance is necessary for
the reasonable use of the building and
that the variance as granted by the Board
is the minimum adjustment that will ac-
complish 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 injurious 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 an addition may be
added to the second floor of the existing residence with
side line of 5. 22 feet and 9. 12 feet rather than the
required 10 feet.
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 com-
pleted within a period of two years 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.
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The secretary then read the third application.
APPLICATION NO. 3---MARIO LAPOLLA Case # 47
Application of Mario Lapolla for modification of
Article IV, Section 410 of the Zoning Ordinance of
the Town of Mamaroneck so as to permit the use
of a house as a three family residence to be con-
tinued on premises located at 1 Locust Terrace
and known on the Tax Assessment Map of the
Town of Mamaroneck as Block 505, Parcel 140
on the grounds of practical difficulty and unnecessary
hardship.
The Chairman inquired as to whether anyone present wished to
speak either in favor of or in opposition to this application and
the following persons were heard:
For Appellant; William S. Brill, Esquire
175 Post Road, Larchmont
In Opposition: None
Mr. Brill, attorney for Mr. Lapolla, submitted a brief which
filed with the application. He stated that when Mr. Lapolla
purchased the house he was given to understand it was a three
family house and now that he is desirous of selling it he finds
that a C 0 can only be issued for two families.
The Board members pointed out that it was impossible to con-
done an error which had been committed in the past.
Following further discussion upon motion by Mr. Corby,
seconded by Mr. Schuler the following resolution was unani-
mously adopted:
WHEREAS, Mario Lapolla has submitted an appli-
cation for a use variance to the Building Inspector
for the continued use as a three family residence
of a two family house; and
WHEREAS, the Building Inspector has refused to
issue such a permit on the ground that the appli-
cation for a use variance failed to comply with
the Zoning Ordinance of the Town of Mamaroneck
with particular reference to Article IV, Section
410 of said Ordinance which provides for use
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of land or buildings, etc. and
WHEREAS, Mario Lapolla has submitted to this
Board an application for a variance on the ground
of practical difficulty and/or unnecessary hard-
ship for the following reasons;
1. Premises have been used as a three
family residence since construction in 1923.
Strict application of Ordinance would result in prac-
tical difficulty and unnecessary hardship that
would deprive owner of the reasonable use of
the land and building. Continued use for a
three family residence would not be detrimental
or injurious to adjoining owners affected by such
use.
2. See brief filed with application.
and
WHEREAS, this Board has viewed the property
and has heard all persons interested in this appli-
cation after publication of a notice thereof:
NOW, THEREFORE, BE IT
RESOLVED that this Board denied the application upon
the following grounds:
1. That there are no special circumstances or
conditions applying to the building for which a
the variance is sought which circumstances or
conditions are peculiar to such building and
which do not apply generally to land or buildings
in the district.
2. That the facts and circumstances claimed
by the applicant to entitle him to the variance are
not such as would deprive him of the reasonable
use of the building and that the granting of the
variance is not necessary for the reasonable
use of the building.
3. That the granting of the variance would not
be in harmony with the general purposes and
intent of this Ordinance and would be injurious
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to the neighborhood and detrimental to
the public welfare.
FURTHER RESOLVED that this resolution be filed with
the Town Clerk as provided by Section 267 of the Town Law.
The secretary was then requested to read the fourth application.
APPLICATION NO. 4---FILIPPO GERMANNO Case # 48
Application of Filippo Germanno for modification of
Article IV, Section 410 of the Zoning Ordinance of
the Town of Mamaroneck so as to permit the con-
struction of a one family residence having side
lines of less than 8 feet on property located on
Cabot Road and known on the Tax Assessment Map
of the Town of Mamaroneck as Block 125, Parcel
520 on the ground of practical difficulty and un-
necessary hardship.
The Chairman then 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: Mr. Emil Severin
Chatsworth Ave. , Larchmont
hi Opposition: None
Mr. Severin pointed out that the property referred to was located
on Myrtle Boulevard rather than Cabot Road as mentioned in the
legal notice.
Mr. Wullschleger instructed the secretary to correct the notice
and make it conform with the application,
Mr. Severin then submitted the plans for the house and pointed
out that about 95 % of the houses in the immediate neighborhood
are built with 6 foot sidelines.
Following discussion, Mr. Severin and the Board agreed that
the plan could be modified so that the east side of the house
would have an 8 foot side line providing that the chimney
might exten 8 inches. The west side of the house would have
a six foot side line.
Following this decision upon motion by Mr. Schuler, seconded
by Mr. Bierman the following resolution was unanimously
adopted:
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WHEREAS, Filippo Germanno has submitted an
application for a building permit to the Building
Inspector for the construction of a one family
house together with plans; and
WHEREAS, the Building Inspector has refused to issue
such a permit on the ground that the plans sub-
mitted failed to comply with the Zoning Ordinance
of the Town of Mamaroneck with particular
reference to Section 410 of said Ordinance which
provides for use of land or buildings, height of
buildings, yards and open spaces, side lines, etc; and
WHEREAS, Filippo Germanno has submitted to this
Board an application for a variance on the ground
of practical difficulty and/or unnecessary hard-
ship for the following reasons:
1. 95% of the houses in the immediate
neighborhood are built with 6 foot side lines.
2. This is an isolated lot in this neighborhood
and
WHEREAS, this Board has examined the plans and
also has viewed the property and has heard all
persons interested in this application after pub-
lication 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 for which a
variance is sought, which circumstances and
conditions are peculiar to such land and do not
apply generally to the land 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.
(b) That the aforesaid circumstances and/or
conditions are as follows:
isolated lot, therefore no contiguous
property availabl e.
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which said circumstances and/or conditions are
such that the particular application of the Ord-
inance with respect to Section 410 would de-
prive the applicant of the reasonable use of
such land and that for these reasons the granting
of the variance is necessary for the reasonable
use of the land 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 injurious 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 he may construct a one
family house in accordance with the modified plan
submitted with his application so that the east side
of the house will have a side line of 8 feet with the
chimney to extend 8 inches beyond, and the west
side a side line of 6 feet.
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 Ntithin 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 date of said permit.
FURTHER RESOLVED that this decision be filed
with the Town Clerk as provided by Section 267
of the Town Law.
The secretary then read the fifth application.
APPLICATION NO, 5--BONNIE BRIAR COUNTRY CLUB Case # 49
Application of Bonnie Briar Country Club for
modification of Article IV, Section 443. 1 of the
Zoning Ordinance of the Town of Mamaroneck
so as to permit the construction of an addition
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to the existing "Pro Shop" on premises located
on Weaver Street, Town of Mamaroneck and
known on the Tax Assessment Map of the Town of
Mamamroneck as Block 225, Parcel 1 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 this application and
the following persons were heard:
For Applicant: R. H. McCoy
180 S. Broadway, White Plains
In Opposition: Lee H. Whitestone
797 Weaver St. , Larchmont
Mrs. Clifford 0, Rahmer
580 Weaver St. , Larchmont
Mr. McCoy, architect, submitted a plan for the enlarging
of the existing Pro Shop.
He pointed out that this would make a safer place for the
storing or members equipment, He also stated that this
would not cause any increase in the membership of the club.
Mr. Whitestone and Mrs. Rahmer stated that the present
shop constituted a nuisance in their opinion due to the noise
of the caddies.
Mr. Wullschleger asked if Mr. McCoy could speak definitely
for the Club and Mr. McCoy said that he was the architect but
not actually a representative for the Club,
Following further discussion upon motion by Mr. Schuler,
seconded by Mr. Bierman the following resolution was unan-
imously adopted:
WHEREAS, Bonnie Briar Country Club has filed an
application for modification 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 "Pro Shop" on premises
located on Weaver Street, Town of Mamaroneck
and known on the Tax Assessment Map of the Town
of Mamaroneck as Block 225, Parcel 1; and
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WHEREAS, no official representative of Bonnie
Briar Club was present at this meeting:
NOW, THEREFORE, BE IT
RESOLVED that the decision on the application
of Bonnie Briar Club be deferred and considered
at the next regular meeting of the Zoning Board of
Appeals on November 25, 1959.
FURTHER RESOLVED that this decision be filed
with the Town Clerk as provided by Section 267
of the Town Law.
The Chairman asked the secretary to read the sixth application.
APPLICATION NO. 6--JEROME BISCEGLIA Case # 50
Application of Jerome Bisceglia for modification of
Article IV, Section 410 of the Zoning Ordinance of
the Town of Mamaroneck so as to permit the con-
struction of a one family residence on Roselea Road,
Town of Mamaroneck having less than a 30 foot set
back said property being known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block 506,
part of Parcels 194 and 219 on the ground of prac-
tical 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: Jerome Bisceglia
6 Avondale Road, Harrison
In Opposition: Letter from L. E. Ravenscroft
Mr. Bisceglia appeared and submitted a plan for the location of
a house. He explained that because of the topography of the
land it was very difficult to build, and maintain a 30 foot front
set back.
The Board asked if the house would conform in all other respects
to the Zoning Ordinance and Mr. Bisceglia answered in the
affirmative.
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Following some discussion on motion on motion by Mr. Corby,
seconded by Mr. Wullschleger the following resolution was
unanimously adopted:
WHEREAS, Jerome Bisceglia has submitted an ap-
plication for a building permit to the Building In-
spector for the construction of a one family house
together with plans; and
WHEREAS, the Building Inspector has refused to
issue such permit on the ground that the plans sub-
mitted failed to comply with the Zoning Ordinance
of the Town of Mamaroneck with particular reference to
Article IV, Section 410 of said Ordinance which
porvides for use of land or buildings, height of
buildings, yards and open spaces, side lines and
set backs, etc. ; and
WHEREAS, Jerome Bisceglia 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. General topography of land
2. Severe drop at rear of property which ground
is not satisfactory for building foundation.
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 for which a
variance is sought, which circumstances and/
or conditions are peculiar to such land and
do not apply generally to the land in the district,
and which circumstances and conditions have not
resulted from any acts of the applicant subsequent
to the date of the Zoning Regulations appealed from.
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(b) That the aforesaid circumstances and/or
conditions are as follows:
1. Severe drop at rear of property makes
it impossible to build foundation in that area.
2. Practical placing of building requires a
30 foot set back rather than 40 feet.
which said circumstances and/or conditions are
such that the particular application of the Ordi-
nance with respect to Section 410 would deprive
the applicant of the reasonable use of such land
and that for these reasons the granting of the
variance is necessary for the reasonable use of
the land 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 injurious 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 he may build a one
family house having a front set back of 30 feet
rather than the required 40 feet.
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
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 9:50 p. m.
Ruth Dammann, Secretary
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