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HomeMy WebLinkAbout1951_09_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD IN THE MAMARONECK TOWN POLICE STATION AT 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK, ON SEPTEMBER 26th, 1951 Mr. Wullschleger called the meeting to order at 8 P . M. PRESENT: Mr. Wullschleger, Chairman Mr. Rigano Mr. Burke Mr. Brush ABSENT: Mr. Maggini Presence was also noted of Mr. McEvoy, Building Inspector and Mrs. Barnes, Clerk to the Board. On motion duly made and seconded, the minutes of the previous meet- ing, held August 22nd, 1951, were approved as presented. The first application before the Board was that of Mrs. Robert Maheu for modification of Article II, Section 3 of the Zoning Ordinance to permit conversion of an existing one-family dwelling to a two-family dwelling on premises known as Block 504 Parcel 25, on the Tax Assess- ment Map of the Town of Mamaroneck, and also known as 50 Moran Place, Town of Mamaroneck. Mr. Maheu represented the application and submitted blue print plans. He said they had purchased the house about 2 years ago when they had a larger family. Since that time, for various reasons, their family has grown smaller and the house is very large for just two people, in addition to which, he said he has run into very serious financial reverses and finds it very difficult to carry the house. They have put the house on the market for sale but have, so far, been unsuccess- ful. He feels that if they could convert it to a two-family house, it would be very Helpful. They have had the house on the market for about 5 months. It was built about 25 years ago. No one else appeared in behalf of the application. Mr. Irving Mintz, 69 Chester Place, opposed the application and addressed the Board. He said he was also representing Mr. Irving Scheib, 58 Moran Place. He said they object because there are no two-family houses on the Mamaroneck side of the line and those on the New Roch- • elle side are duplex houses. He said he has spent considerable money improving his house as has Mr. Scheib. It is their contention that converting the Maheu house to a two-family house will depreciate the value of all the houses in the vicinity. There was no further opposition. The next application before the Board was that of Euclide Brondoli for modification of Article III , Section 9 of the Zoning Ordinance to -54- permit alteration of an existing building with less than 19,000 cubic feet, approximately 70 feet from the front line, 3 1/2 feet from one side line, and with a rear yard of less than 15% of the depth of the lot, in order to provide living accommodations for one family on the second floor of the building, with garage, basement and laundry on the ground floor, on premises on the north side of Baldwin Avenue, 100 feet west from Myrtle Boulevard, known on the Tax Assessment Map of the Town of Mamaroneck as Block 126, Parcel 427. Mr. Brondoli appeared in his own behalf and submitted blue prints. He said he feels it would be better for the neighborhood and all con' cerned, to have a house on this property, than to allow it to deter- iorate as it is now. He said he has paid taxes continuously since some time in the 1920' s and the children break windows in the build- ing as fast as he can repair them. The building can be connected to the sewer. His daughter will occupy the house when it is built. Mr. Frank Turco who owns the adjoining property on the Myrtle Boule- vard side, and Mr. Garafalo, who has lived in that neighborhood for 27 years, both appeared in favor of the application. Mr. Rufus K. Allerton, Jr. , 8 Leafy Lane, appeared to object to the application as he was under the impression it was to be a two-family house. When it was pointed out to him that this was not the case, that it was to be a one-family dwelling, he withdrew his objection. ****** The next application before the Board was that of William E. Forbes for modification of Article III, Section 9 as amended, to permit the erection of a one-family dwelling with a set-back of less than 40 feet from street lines, on a lot with an area of less than 15,000 square feet, to wit, 13,100 square feet, on premises at the corner of Avon and Mohegan Roads, known on the Tax Assessment Map of the Town of Mamaroneck as Block 208, Parcel 114. Mr. William F. Canella, a real estate broker, represented the applica- tion and submitted blueprints of the proposed dwelling . He said Mrs. Forbes had owned the lot since some time in the 1920' s and now wishes to sell it and, therefore, needs a variance. Mr. Frank Lyon, 35 Avon Road, said he would like to look at the plans. Mr. Frank Casciaro will be the builder. The cost of the house will be in the neighborhood of $45,000 or %50,000. Mr. Lyon said he wishes to protect his interests as he paid a good sum of money for his house. He feels the Zoning Ordinance should be upheld. It was brought out that when Mr. Lyon' s house had been built, there had been a variance obtained. This is the case with a number of otner houses in the locality. There was no other opposition. ****** -55- 1 The next matter before the Board was reconsideration of the applica- tion of Selic Roser,i, for modification of Article II, Section 4 of the Zoning Ordinance, to permit gas service to car owners in connection with car laundry on premises on the north side of the Boston Post Road, corner of Van Gilder Street, known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Parcel 326. Upon motion, the Board . unanimously resolved to reconsider this matter and grant Mr. Rosen a re-hearing. Mr. Abel J . Levine, father-in-law of Mr. Rosen represented the applica- tion and addressed the Board. He said the applicant is primarily intgr- ested in servicing customers who come to the place to have their cars washed. The pumps will be an asset to the business. They do not anticipate competing with anyone. However, they feel they should have the gas pumps because their customers ask for gas. Mr. Levine said he had checked the traffic going by their car laundry toward New York, and at no time did he see anyone attempt to leave the Post Road to go into the nearest gas station diagonally across the street. The traffic toward New York, he said, is continuous. Mr. Burke read a letter from Gostav Oetjen, President of Oetjents Loyal Inn, Inc. as well as one from Dave Cvaniga, 425 Post Road and 399 Boston Post Road, both in favor of the application. These were received and filed. Mr. Dominick Porco who owns and operates the gasoline station near the car laundry, spoke in opposition to the application and said he believes there are too many gasoline pumps on the Post Road. As he is in the business, he said he feels it would mean unfair competition to him. Mr. Frank Porco said he and his brother have been in business there for 22 years, and there are about 5 gas stations in 1/4 mile area. He believes another one will do more harm to their business. Mr. Allerton appeared and asked about a so-called "multiple dwelling" located on Leafy Lane. He said he was accompanied by Mr. Louis Venerose and Mr. Raymond T. Dawse, both of Leavy Lane, and they wished to know their remedy in connection with this. They were informed that they should take the matter up with Mr. Delius, the Town Attorney. The Board then went into executive session and after discussion of the application of Mrs. Robert Maheu, on motion duly made and seconded, it was unanimously RESOLVED that the application of Mrs. Robert Maheu for modification of Article II, Section 3 of the Zoning Ordinance to permit conversion of an existing one-family dwelling to a two-family dwelling on premises known as Block 504, Parcel 25 on the Tax Assessment Map of the Town of Mamaroneck and also known as 53 Moran Place, Town of Mamaroneck, be and the same hereby is denied upon the ground that the applicant has failed to show un- necessary hardship or practical difficulty in abiding by the provisions of the Ordinance. -56 A vote taken on this resulted as follows: AYES: Mr. Burke, Mr. Brush, Mr. Rigano NOES: Mr. Wullschleger After discussion of the application of Euclide Brondoli, upon motion duly made and seconded, the following resolution was adopted: WHEREAS, Euclide Brondoli has appealed to this Board for a variance in connection with premises on the north side of Baldwin Avenue, 100 feet west from Myrtle Boulevard, known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 126 Parcel 427, to per- mit alteration of an existing building with less than 19,000 cubic feet, approximately 70 feet from the front line, 3 1/2 feet from one side line, and with a rear yard of less than 150 of the depth of the lot, to provide living accommodations for one family on the second floor of the building, with garage, basement and laundry on the ground floor; and WHEREAS, the application came on duly to be heard before this Board at its regular meeting held September 26th, 1951; and WHEREAS, it appears that it would be an unnecessary hardship, because of the character of the neighborhood and the present scarcity of living accommodations, to require the applicant to comply with the strict provisions of the Ordinance, NOW, THEREFORE, BE IT RESOLVED that the appeal of Euclide Brondoli be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting alteration of an existing building to provide living accommodations for one family on the second floor of the building, with garage, basement and laundry on the ground floor, on premises on, the north side of Baldwin Avenue, 100 feet west from Myrtle Boulevard, known on the Tax Assessment Map of the Town of Mamaroneck as Block 126 Parcel 427, in accordance with plans and drawings filed in connection with this application, provided, however, that in all other respects, applicant comply with the provisions of the Ordinance and Building Code of the Town of Mamaroneck. A vote taken on this resulted as follows: AYES: Mr. Wullschleger, Mr. Brush, Mr. Burke and Mr. Rigano NOES: None -57- After discussion of the application of William E. Forbes, upon motion duly made and seconded, the following resolution was adopted: WHEREAS, William E. Forbes has appealed to this Board for a vari- ance, in connection with premises at the corner of Avon and Mohegan Roads, known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Parcel 114, to permit the erection of a one-family dwelling with a set-back of less than 40 feet from street lines, on a lot with an area of less than 15,000 square feet, to wit, 13,100 square feet; and WHEREAS, the application came on duly to be heard before this Board at its regular meeting held September 26th, 1951; and WHEREAS, it appears that it would be an unnecessary hardship, because of the area of the lot, to require the applicant to comply with the strict provisions of the Ordinance, NOW, TFIEREFORE, BE IT RESOLVED that the application of William E. Forbes for modification of Article III, Section 9 as amended, to permit the erection of a one-family dwelling with a set- back of less than 40 feet from street lines, to wit, 30 feet from Mohegan Road and 30 feet from Avon Road, on a lot with an area of less than 15,000 square feet, to wit, 13,100 square feet, on premises at the corner of Avon and Mohegan Roads, known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Parcel 114, be and it hereby is granted, and the Building Inspector is hereby directed to issue to the applicant, a building permit, on the ground that applicant has shown practical difficulty and unnecessary hardship in complying strictly with the provisions of the Ordinance, provided, however, that in all other respects the applicant abide by the provisions of the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote taken on this resulted as follows: AYES: Mr. Sullscnleger, Mr. Rigano, Mr. Burke and Mr. Brush g � NOES: None S ####### After discussion of the application of Selic Rosen, upon motion duly made and seconded, it was RESOLVED that the application of Selic Rosen, for modi- fication of Article II, Section 4 of the Zoning Ordinance, to permit gas service to car owners in connection with car laundry on premises on the north side of the Boston Post Road, corner of Van Gilder Street, known on the Tax Assess- , -58_ ment Map of the Town of Mamaroneck as Block 503, Parcel 326, be and the same hereby is denied upon the ground tnat the applicant has failed to show unnecessary hardship or practi- cal difficulty in abiding by the provisions of the Ordinance. A vote taken on this resulted as follows: AYES: Mr. Rigano, Mr. Burke and Mr. Brush 1 NOES: Mr. Wullschleger There being no further business to come before the meeting, it ad- journed at 10 P . M. 4 -59-