HomeMy WebLinkAbout1956_09_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS
OF THE TOWN OF MAMARONECK, HELD SEPTEMBER 26, 1956, IN THE
COURT ROOM OF THE MAMARONECK POLICE DEPARTMENT, 11 EDGE-
WOOD AVENUE, TOWN OF MAMARONECK.
CALL TO ORDER
The Chairman called the meeting to order at 8 p. m,
PRESENT: Mr, A. E. Wullschleger, Chairman
Mr. George Schuler
Mr. Laurence J. Sobel
ABSENT: Mr. Sydney D. Bierman
Mr. Robert L. Parsons
Also Present: Town Engineer Friedlander
APPROVAL OF MINUTES
On motion by Mr. Wullschleger, seconded by Mr. Schuler,
the minutes of the previous rpeeting held August 22, 1956,
were approved as presented.
PUBLIC HEARING
Application of Harry J. Moore, for modification of
Article III, Section 9 of the Zoning Ordinance, so as
to allow the construction of an enclosed screened porch
at the rear of building on premises located at 2 Oxford
Road, and known as Block 208, Parcel 272 on the Tax
Assessment Map of the Town of Mamaroneck, resulting
in a rear yard of less than 25 feet, i. e. , 21 feet, on the
ground that there is practical difficulty and unnecessary
hardship in conforming with the provisions of the Zoning
Ordinance regarding rear yards because of the construc-
tion and location of the present house.
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APPEARANCES:
For Appellant - Mr. Harry J. Moore
2 Oxford Road, Larc hmont, N. Y.
For Opposition - None
In discussing this matter, Mr. Sobel stated that although he
had not seen the property he had acquainted himself with the
problem involved and failed to see that any hardship existed.
He further stated that he had measured his own porch, which
is exactly 8 feet and found it to be very satisfactory.
Mr. Moore explained that from the standpoint of service,
so far as 8 feet is concerned, is very inconvenient.
Mr. Schuler stated that he had looked at the property and found
it has a wide open backyard. He said there was nothing between
the neighbors' and Mr. Moore's house.
Mr. Moore further advised that his neighbors had no objection.
Mr. Sobel reiterated that he could see no immediate hardship.
ACTION OF THE BOARD: Application denied.
THE VOTE: AFFIRMATIVE: Chairman Wullschleger, Mr. Schuler.
NEGATIVE: Mr. Sobel. Reason: "In my
opinion, no hardship exists
because the porch could be
constructed so that it would
conform with the Zoning
Regulations. "
ABSENT AND NOT VOTING: Messrs. Bierman and Parsons.
Because the vote failed to conform with the provisions of Section 267,
Paragraph 2 of the Town Law, the motion was declared lost without
prejudice.
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PROCEDURE GOVERNING APPLICATIONS FOR VARIANCES
The members of the Board considered the proposed "Procedure
Governing Applications for Variances", outlined in a letter to
this Board from Supervisor Burchell, dated August 21, 1956.
After discussion, it was, upon motion duly made and se-
conded, unanimously
RESOLVED, that the following rules and regulations of
the Zoning Board of Appeals of the Town of Mamaroneck
be and they hereby are amended by adding the following
rules:
#12. The public hearings of the Board will ordinarily
be conducted in an informal manner without the necessity
of sworn testimony. In its discretion, on any appeal the
Board may require and take testimony. The Board may
at any time, at the request of the applicant, or a party,
require and take sworn testimony. In the event sworn
testimony is to be taken, the Board will arrange for the
attendance of a qualified stenographer at the expense of
the applicant, and the Board shall be furnished with a
true and correct transcript of the testimony.
#13. After an appeal has been heard and determined
adversely to the applicant by the Board of Appeals, the
Board will not rehear or reconsider its decision thereon
until after the expiration of six (6) months from the ren-
dering of said decision, unless the permission of the
Board for a rehearing is first obtained by application to
the Board, and if such permission is granted, appeal
shall be made in the same manner as provided on an
original appeal to the Board.
#14. Where an application for a variance is granted,
the applicant shall obtain his Building Permit from the
Building Inspector within three (3) months of the granting
of the variance, and upon failure so to do, the variance is
vacated. All work must be completed within one (1) year
of the issuance of the permit unless the period is extended
by the Building Inspector.
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FURTHER RESOLVED, that this resolution shall take
effect immediately.
The Secretary was instructed to notify Supervisor Burchell of
this action.
BUDGET
The Chairman presented proposed budget request for 1957, which
was unanimously approved.
There being no further business to come before the meeting, it was
adjourned at 8:30 p. m.
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Secretary J
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