Loading...
HomeMy WebLinkAbout1954_09_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN • OF MAMARONECK, HELD SEPTEMBER 22, 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. Burke Mr . Schuler ABSENT: Mr. Rigano Mr . Maggini Presence was also noted of Mr . McEvoy, Building Inspector, Mr. Delius, • Town Attorney and Mrs . Barnes, Clerk to the Board and Recording Secre- tary. On motion duly made and seconded, the minutes of the previous meeting, • held August 25th, 1954, were approved as presented . • The Clerk read the application before the Board which was that of Josephine L. Elder for modification of Article III Section 9 of the • Zoning Ordinance to permit erection of a one-family house in an A residence zone with a set-back from the front property line of less than 30 feet, to wit, 15 feet, and a rear yard of less than 15% of the depth of the lot, to wit, 6 1/2 feet, on premises located at the corner of Garden Road on East Brookside Drive, known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Parcel 280 . • Mr. Alfred Willis, 132 Larchmont Avenue, an architect, represented Mrs . Elder . Mr . Burke read a certification of resolution of this Board dated • June 28th, 1950, denying an application to one Louis Braido, in connec- tion with this same property upon the ground, among others , "tha.t • applicant is not properly before this Board" because he was neigher the owner nor contractual vendee and, therefore, had no standing as • an applicant for a variance before this Board . • Mr . Willis said it is for this reason that Mrs . Elder, who has signed a contract to sell the property, subject to a variance being granted, • to Mr . Thomas Guglielmo, a builder, is herself making this application for a variance . Mr .Willis said Mrs . Elder has owned the property approximately 40 years, and pays taxes amounting to approximately $90. yearly. Mr . Willis said the lot is a corner lot and is 147. 72 feet deep and • 50 feet wide . He submitted a plot plan of the lot which was received and filed . Mr . Willis said he had re-designed the house which would make it un- • necessary to request a variance of the rear yard provisions . They will be able to have a rear yard of 7 feet 8 inches as shown on the • plot plan. -185- Mr Willis alsosubmitted s plans of the proposed house . Mr . A . C . Viebranz, 126 Garden Road, East, said he represented cer- tain people in the neighborhood, including his neighbor Mrs . Irene Gathy, 14 E . Brookside Drive. He said he had visited among his neigh- bors and they are all quite upset by the renewal of this application . He feels , together with his neighbors, all of whom take great pride in their neighborhood, that it will depreciate the area. Mr. Ward W. Smith, 115 East Garden Road , directly opposite the lot in question, where he has lived for the last 23 years , protested the application because he does not believe that it is possible to build a house on that property comparable to the homes in the vicinity. (He said he had talked with several architects) Mr. Coe Suydam, 128 E. Garden Road said he objects on two grounds, as follows : 1 . He is concerned about changing the character of East Garden Road . He is interested in the preservation of the value of his property and he feels this contemplated house will lower the value of his property. 2. He feels that a house such as this plan calls for, would be a traffic hazard . Mr. Suydam feels it is a case of one against the many. This was in reply to a statement by Mr. Burke of the problem of the owner of this property. In Mr . Suydam's opinion, any house built within 15 feet of the side- walk will materially change the character of the street . Mr. R. F. Barker, 10 East Brookside Drive said he has 3 children, aged 6, 9, and 11 years respectively, and he feels there will be a factor of safety involved if this house is built 15 feet from the street . Mrs . Irene Gardner Gathy, 14 East Brookside Drive protested , and said she hopes the Ordinance will be upheld . She is concerned about the elevation of the proposed house . Mr. Alex Gest, 19 West Brookside Drive, said he feels that everybody 6 in the neighborhood either bought, built or remodled their houses in strict compliance with the Zoning Ordinance, and he feels they should be protected and be able to feel secure by the enforcement of the Zoning Ordinance. Mr. E . J. Lyons , 125 Hickory Grove Drive spoke and wondered if it were possible that at one time this woman owned the adjoining property and possibly sold part of it . He has been living there 17 years . Mr. R. L. Conkling, 130 East Garden Road , felt that Mr. Lyons ' point was a very important one and that "we are entitled to a statement as to how much property Mrs . Elder acquired 40 years ago." He understands Mrs . Elder acquired the property in 1931 . He said, " she is asking for -186- a revolution of the Zoning Ordinance" . He hopes the integrity of the • Ordinance will be maintained . He believes the proposed house will be a fire hazard . He feels that if there is any hardship, Mrs . Elder • has brought it on herself . • Mr . Viebranz submitted a petition signed by 25 property owners in the area, which was received and filed . Mr. Willis spoke in rebuttal and said that Mrs . Elder had acquired the • lot, which is a corner lot, from the Harmon Development Company (which developed Larchmont Gardens) and all the lots were 50 foot lots . Mrs . Gathy asked about the height of the house and Mr . Willis said it • will be about 20 feet above the ground . Mr . Viebranz again spoke and said Mrs . Gathy is opposed to the height of the house as compared with the depth of the back yard and she is also concerned because the house will be so close to her house . The Board then went into executive session and after a great deal of • discussion, upon motion duly made and seconded, the following resolu- tion was adopted : WHEREAS, Josephine L. Elder has appealed to this Board for • modification of Article III Section 9 of the Zoning Ordinance to per- : mit erection of a one-family house in an A residence zone with a • set-back from the front property line of less than 30 feet, to wit, 15 feet, and a rear yard of less than 15% of the depth of the lot, to • wit, 6 1/2 feet, on premises located at the corner of Garden Road on East Brookside Drive, known on the Tax Assessment Map of the Town of • Mamaroneck as Block 214 Parcel 280 ; and • WHEREAS, applicant, by Mr . Willis, who represented her at this meeting, has withdrawn the part of her application which requests a. variance from the rear yard provisions of the Ordinance ; and WHEREAS, it appears from the Tax Roll of the Town that appli- • cant has owned this property since 1934; and • WHEREAS, this application ha.s come on duly to be heard by this Board at its meeting held on September 22nd, 1954, and all persons, • whether for or against the application have been heard ; and • WHEREAS, it appears that it would be an ununcessary hardship, because of the fact that this is a corner lot, to require applicant • to comply with the strict provisions of this Ordinance, • NOW, THEREFORE, BE IT • RESOLVED that the appeal of Josephine L . Elder be and the same hereby is allowed and the decision of the • Building Inspector reversed to the extent of permitting the construction of a one-family house in accordance • with plans filed with the Building Inspector on Sep- ; tember 8, 1954, in an A Residence Zone, with a front set-back from Garden Road of less than 30 feet, to -187- wit, 15 feet, provided that the proposed building shall be built a distance of not less than 50 feet from East Brookside Drive, and provided further, that in all other respects, applicant shall abide by the provisions of the Zoning Ordinance and Building Code of the Town of Mamaroneck. There being no further business to come before the meeting, it adjourned at 10:05 P . M. -4/ i /Secretar Secretary • • • -188-