Loading...
HomeMy WebLinkAbout1954_12_08 Zoning Board of Appeals Minutes MINUTES OF AN ADJOURNED MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD DECEMBER 8, 1954, IN THE TOWN OF MAMARONECK POLICE HEADQUARTERS, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. PRESENT: Mr. Burke, Acting Chairman Mr . Rigano Mr . Schuler ABSENT: Mr . Wullschleger, Chairman Mr . Maggini Presence was also noted of Mr . McEvoy, Building Inspector, and Mrs . Barnes , Clerk to the Board and Recording Secretary. On motion duly made and seconded, the minutes of the meetings of October 27th and November 24th, were approved as submitted . The Board first considered the application of . . H. Tull, for modifi- cation of Article III , Section 9 of the Zoning Ordinance to permit erection of a car-port in place of existing garage in bad repair (existing garage to be demolished) within 6 feet of the side property line, to wit, 1 foot, on premises known as 188 Murray Avenue and also known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 263 . Mrs . Tull appeared and submitted pictures of the proposed car-port . Mr. R. S . Hatzel, 206 Murray Avenue and Mr . William J. Vey, 213 Murray Avenue, appeared to object to the erection of the car-port . They stated that in their opinion, a car-port would be a detriment to the neighborhood and if this application were granted, car-ports would be "springing up all around" . The next application considered was that of Ida H. Wood for modifica- tion of Article III , Section 9 as amended , to permit erection of a one-family dwelling in an AA residence zone, on a. plot containing less than 15,000 square feet, to wit, 10, 600 square feet, more or less, and with less than a 40-foot front set-back, to wit, 30 feet, on premises located on the south side of Briar Close at the dead end of Briar Close, known on the Tax Assessment Map of the Town of Mamaroneck as Block 105 Parcels 435 and 421 . Mr . Nathan Shuman, an attorney, 271 North Avenue, appeared to represent the applicant, and submitted blue prints and addressed the Board . He said this plot is the only available plot remaining on Briar Close . It is 94 feet in depth and 104 feet in width at the rear. There are houses on both sides of the lot and the land of the proposed County Parkway runs at the rear. It is impossible to add any other property to this particular plot . -196- I It is proposed to erect a 7-room 2-bath house which will be in con- formity with the neighborhood . The topography of the plot is such that there are huge ledges of rock which will not permit a house to be erected back 40 feet . With the exception of a few houses, all have less than 15, 000 square feet and are set back from the street less than 40 feet . Unless this application is granted to Mrs . Wood, she will be deprived of the use of her property and this zoning went into effect after she became the owner of the property. This is , therefore, certainly under the rule of hardship. This particular plot could not, under any circumstances, conform to the present zoning. Under the circumstances , this is clearly a situation where this Board should exercise its discretion and grant a variance because the hardship cannot be overcome by the owner and this would amount to con- fiscation of her property by enforcing zonig which cannot be com- plied with. Mr . Walter E. Warner, Jr. , an attorney residing at 3 Briar Close, with an office at 60 Broadway, New York City, appeared for himself and 5 of his neighbors . These are : John E . Vis , 6 Briar Close Irwin Guttag, 4 Briar Close Leo N. Levi, Briar Close Carl W. Reifel, 1 Briar Close Sheldon S . Turk, 2 Briar Close Mr . Warner submitted Affidavit and Objections to the application, which was received and filed . He also presented Exhibit A which is a map known as Map of a portion of Rockcliffe Estates , etc . , known as Ma.p No. 4471 , filed June 21, 1937; Exhibit B, which is a small sketch of a house on Block 1 , Lot 34 ; and Exhibit C which is a photostatic copy of "Addition to Residence of Mr. and Mrs . L . Levi, 59 Briar Close, dated February 17, 1953" . These exhibits were received and filed . Mr . Warner addressed the Board and explained that he and his neighbors appreciated the problem of the applicant here, with respect to the necessity for a variance from the 15, 000 square foot requirement but they wished to strenuously oppose the request for a variance from the 40-foot front set-back requirement . He said , if the proposed house is erected 30 feet from the front property line, it will ruin the view from the picture window in the home of Mr . Knoepke , just across the street. Mr . Warner cited the following case for consideration by the Board In re Fein, 67 N. Y. S . -2d, 218 nffd . .A • D. 72 N. Y. S . - 2d , 264 October 28, 1946 and also presented a digest of two cases to the Board. -197- Mr. William L. Knoepke submitted photographs and a small sketch or diagram showing how the proposed house will spoil the view from his picture window. These were received and filed . Mr . Shuman spoke in rebuttal and again referred to the rock formation on the lot . Mr . Leo Levi, 9 Briar Close, said he wished to make the following points : 1 . The Wood estate sold him 20 feet of their original plot and now claim hardship because of the size of the plot . 2 . If the variance is granted , he would be living in an alley if a similar variance is granted on the other side of his house . 3 . He doesn ' t see any more difficulty in building the proposed house back 40 feet than 30 feet . Mr. Sheldon Turk, 2 Briar Close, said the AA zone requirements should not be varied . The next application considered was that of Mrs . Joseph J. Rigano for modification of Article III Section 9 of the Zoning Ordinance, to permit extension and enclosure of existing porch to add extra room within 30 feet of the side street line, to wit, 27 feet 6 inches, on premises known as 15 Marden Road , and also known as Block 217, Parcel 893 on the Tax Assessment Map of the Town of Mamaroneck. Mrs . Rigano appeared and presented a sketch. Mr . and Mrs . A. F. Gormley, 62 West Garden Road, appeared in favor of the application, and the Clerk presented a letter received from Mr. W . G. Massey, Jr . , 290 Weaver Street, in support of the application. There was no opposition to this application. The Board then went into executive session and , after discussion, on motion duly made and seconded, the following resolution was adopted: WHEREAS , Mrs . Joseph J. Rigano has appealed to this Board for modification of Article III , Section 9 of the Zoning Ordinance, to permit extension and enclosure of existing porch to add extra room within 30 feet of the side street line, to wit, 27 feet, 6 inches, on premises known as 15 Marden Road, and also known as Block 217, Parcel 893 , on the Tax Assessment Map of the Town of Mamaroneck; and WHEREAS, this application has come on duly to be heard by this Board at its regular meeting, held November 24th, which meeting was adjourned because of lack of a quorum until December 8th, at which time said application was duly heard ; and WHEREAS, it appears that the lot in question is a corner lot; a nd -198- _r ....�.w.-. .` 1.a ....� _-_. ._-✓�r �.:.e.,ay.,...mow...-� .mow. .v..»ru w.._. .. •. ..._�..._c....._.tea. [ , WHEREAS , all persons either in favor of or against this applica- tion, have been heard, NOW, THEREFORE, BE IT RESOLVED that the appeal of Mrs . Joseph J. Rigano be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting extension and enclosure of existing porch to add extra room within 30 feet of the side street line, to wit, 27 feet 6 inches , on premises known as 15 Marden Road, and also known as Block 217 Parcel 893 of the Tax Assessment Map of the Town of Mamaroneck, in accor- dance with plans filed in connection with the applica- tion, provided, however, that in all other respects, applicant comply with the Zoning Ordinance and Building Code of the Town of Mamaroneck. The vote on this resolution was recorded as follows : AYES: Mr . Burke Mr. Schuler Mr. Rigano NOES : None After discussion, on motion duly made and seconded, it was RESOLVED that the application of A . H. Tull for a variance from the provisions of Article III , Section 9 of the Zon- ing Ordinance, to wit, that the side line set-back on one side of the building would be reduced from the 6-foot requirement in the Ordinance, to 1 foot, in connection with a proposed alteration or extension to the present building on the premises , be denied on the ground that no hardship has been shown. A vote on this resolution was recorded as follows : AYES: Mr . Burke Mr . Schuler Mr. Rigano NOES: None After discussion of the application of Ida H. Wood , Mr. Burke moved that decision be deferred, pending further investigation by the Board. There being no further business , the meeting adjourned at 10 :30 P. M. ' '/t7 /// rpee-/1�NL.P�Q -199-