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HomeMy WebLinkAbout1959_09_23 Zoning Board of Appeals Minutes r MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD SEPTEMBER 23, 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. Laurence Sobel Mr. Philip Corby ALSO PRESENT: Maurice Friedlander, Town Engineer and Building Inspector APPROVAL OF MINUTES The minutes of the meeting of August 26, 1959, were approved as presented. WELCOME TO CHAIRMAN Mr. Wullschleger, chairman, who had returned from Europe the day before this meeting was welcomed back. He thanked the Board and presented Mrs. Dammann, secretary, with a bottle of perfume. 62 r _ HEARINGS The secretary presented the affidavit of publication of notice of the hearings as published in the official newspaper of the Town of Mamaroneck, the Daily Times, on September 16, 1959. The Chairman declared the hearing open and requested the secretary to read the first application. APPLICATION NO. 1---GLORIA LEVINE Case # 43 Application of Gloria Levine for modification of Article IV, Section 410 (formerly Article III, Section 9) of the Zoning Ordinance of the Town of Mamaroneck, so as to permit the addition of a bedroom and bath and the extension of the living room on a residence located at 584 Weaver Street, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 225, Parcel 228, having a rear yard of 20 feet, on the grounds 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 speak either in favor of or in opposition to this application and the following persons were heard: For Applicant: William Brill, Esquire 175 Boston Post Road, Larchmont Mr. & Mrs. Levine f In Opposition: Francis T. Leonard, Esquire 271 North Ave. , New Rochelle Mr. & Mrs. Dan Mahony 580 Weaver St. , Larchmont Mr. Brill, representing Mrs. Levine, appeared and presented the new plan which he explained in detail. He stated that this plan called for a 20 foot rear yard and a 10 foot side yard. 63 Mrs. Levine explained that they are expecting a child and that they therefore would need the extra room. Mr. Leonard speaking for his clients, Mr. and Mrs. Mahony, stated that they felt that this addition having only a rear yard of 20 feet would have a tendency to depreciate the value of the neighboring properties. Mr. Mahony also pointed out that this addition to the house could be put on the other side of the property. Mr. Brill replied that to build on the other side of the property would present other difficulties and that the plan submitted was the most feasible. Following further discussion, upon motion by Mr. Bierman, seconded by Mr. Sobel the following resolution was adopted: WHEREAS, Mrs. Gloria Levine on the 10th day of August, 1959, filed with this Board an application for the modification of Article IV, Section 410 (for- merly Article III, Section 9) of the Zoning Ordinance of the Town of Mamaroneck, so as to permit the addition of a bedroom and bath and the extension of the living room on a residence located at 584 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 225, Parcel 228, having a rear yard of 18 feet and a side yard of 8 feet, on the ground of practical difficulty and un- necessary hardship; and WHEREAS, this application came to be heard on August 26, 1959, at which time it was adjourned to the next regular meeting of the Zoning Board of Appeals on September 23, 1959, in order to give Mr. Mahnony an opportunity to secure the services of an attorney; and WHEREAS, Mrs. Gloria Levine on the 8th day of September, 1959, filed with this Board an application for the modification of Article IV, Section 410 (for- merly Article III, Section 9 ) of the Zoning Ordi- nance of the Town of Mamaroneck, so as to permit the addition of a bedroom and bath and the extension of the living room on a residence located at 584 Weaver Street and known on the Tax Assessment Mapof the 64 r Town of Mamaroneck as Block 225, Parcel 228, having a rear yard of 20 feet, on the ground of practical difficulty and unnecessary hardship; and WHEREAS, this Board has viewed the property and has examined the plans and data submitted by the Appellant and has heard all persons appearing for or against the appeal: NOW, THEREFORE, BE IT RESOLVED that the appeal of Mrs. Gloria Levine from the decision of the Building Inspector refusing the issuance of a permit for the addition of a bedroom and bath and the extension of the living room on a residence located at 584 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 225, Parcel 228 having a rear yard of 20 feet, be granted on the grounds or practical difficulty and un- necessary hardship as recited in the application and which this Board finds exists; and it is FURTHER RESOLVED that Article IV, Section 410 of the Zoning Ordinance of the Town of Mamaroneck be varied and modified so as to allow the addition of a bedroom and bath and the extension of the living room on a residence located at 584 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 225, Parcel 228 having a rear yard of 20 feet, provided that the applicant com- plies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; 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 granting of the variance or the variance becomes vacated. All work must be completed within one year of the issuance of the permit unless the period is extended by the Building Inspector. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The vote on the fore going resolution was as follows: Mr. Wullschleger Aye Mr. Schuler Naye Mr. Bierman Aye Mr. Corby Naye Mr. Sobel Aye 65 The chairman requested the secretary to read the second ap- plication. APPLICATION NO. 2---BYON W. OATLEY for CARL CARPINO Case #44 Application of Byon W. Oatley, agent for Carl Carpino, for modification of Article IV, Section 410 (formerly Article III, Section 9) of the Zoning Ordinance of the Town of Mamaroneck so as to permit the enlarging of an existing open porch and the enclosure of same, having a setback of less than 40 feet from the street line on premises located at 298 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213, Parcel 286 on the grounds of practical difficulty and un- necessary 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 speak either in favor of or in opposition to this application and the following persons addressed the Board. For Applicant: Byon W. Oatley 239 Tarrytown Road White Plains, N. Y. In Opposition: None Mr. Oatley submitted his plan and explained the reason for enclosing the existing porch. Following some discussion by the Board members upon motion by Mr. Schuler seconded by Mr. Corby the following resolution was unanimously adopted: WHEREAS, Byon Oatley, agent for Carl Carpino, has filed an appeal from a decision of the Building Inspector refusing a permit for the enlarging and enclosing of an existing porch having a setback of less than 40 feet from the street line on premises located at 298 Rockland Avenue and known Dn the Tax Assessment Map of the Town of Mamaroneck as Block 213, Parcel 286; and 66 r WHEREAS, Byon Oatley states that if the variance is not granted it would work undue hardship on his client; and WHEREAS, this Board has viewed the property and has examined the plans and other data submitted by the applicant and has heard all persons appearing for or in opposition to this application; NOW, THEREFORE, BE IT RESOLVED that the appeal of Byon Oatley, agent for Carl Carpino, from the decision of the Building In- spector refusing the issuance of a permit for the en- larging and enclosing of an existing porch having a set back of less than 40 feet from the street line on premises located at 298 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 213, Parcel 286, be granted on the grounds of practical difficulty and unnecessary hardship as recited in the application and which this Board finds exists; and it is FURTHER RESOLVED that Article IV, Section 410 of the Zoning Ordinance of the Town of Mamaroneck be varied and modified so as to permit the enlarging and enclosing of an existing porch, having a set back of less than 40 feet from the street line on premises located at 298 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213, Parcel 286, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaro- neck; FURTHER RESOLVED that this variance is granted solely on conditionthat the following requirements be strictly adhered to: 1. No structures shall be built on the gore north east of land lying iiivW1i/A/e's/t/of the proposed construction. fi'n 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 granting of the variance or the variance becomes 67 vacated. All work must be completed within one year of the issuance of the permit unless the period is ex- tended by the Building Inspector, FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The Chairman then requested the secretary to read the application of the Howell Park Association which had been adjourned from the meeting of June 24, 1959. APPLICATION NO. 3---HOWELL PARK ASSOCIATION Case # 40 Appeal of Howell Park Association and Peter G. Moore from a decision of the Building Inspector of the Town of Mamaroneck refusing to revoke a permit for the erection and occupancy of an apartment house as shown on plans filed by Grew Properties, Inc. The building permit was issued by Thomas J. McEvoy, the Building Inspector on December 2, 1955 and the refusal to revoke the permit was contained in a letter from Maurice Friedlander, the Building In- spector, dated March 31, 1959. The premises are known as Block 401, Parcel 1 and is located on the northerly side of Palmer Avenue 214 x 394 feet average depth and is known as 65 Palmer Avenue. This appeal is taken under Article VI, Section 25 of the Zoning Ordinance of the Town of Mamaroneck, Mr. Wullschleger asked if anyone present wished to be heard either in favor of or in opposition to this application and the following persons addressed the Board: For Applicant: Robert White, Esquire 7 Hawthorne Rd. , Larchmont In Opposition: Joseph J. Johnston, Esquire 110 E. 42nd Street, New York Mr. White speaking for the Howell Park Association stated that due to a statement by the Supreme Court in White Plains to the effect that the Zoning Board does not have jurisdiction over this matter at the present time he would like an adjournment. Mr. Johnston, attorney for Grew Properties, stated that he had 68 no objection to such an adjournment and Mr, Delius, Town Attorney, also stated that he saw no reason to object. Following some discussion upon motion by Mr. Bierman, seconded by Mr. Schuler the following resolution was unan- imously adopted. RESOLVED that the hearing upon the application of Howell Park Association be tabled for a period of three months by mutual consent of both attorneys, To be heard December 23, 1959. 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 9:15 p. m. Ruth Dammann Secretary 69