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HomeMy WebLinkAbout1957_01_09 Zoning Board of Appeals Minutes r MINUTES OF AN ADJOURNED MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JANUARY 9, 1957, IN THE COURT ROOM OF THE MAMARONECK POLICE DEPARTMENT, 11 EDGEWOOD 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. Sydney D. Bierman Mr. Robert L. Parsons Mr. George Schuler Mr. Laurence J. Sobel ABSENT: None Also Present: Town Engineer Friedlander APPROVAL OF MINUTES On motion by Chairman Wullschleger, seconded by Mr. Parsons, the minutes of the meeting held October 24, 1956, were approved as presented. APPLICATION #1 Application of Consolidated Edison Company of New York, Inc. for modification of Article II, Section 3 of the Zoning Ordinance, to permit the installation of transformer-switchgear equipment for electric service on premises known as Block 104, Parcel 119 on the Tax Assessment Map of the Town of Mamaroneck, located in an "AA" residential zone on the ground that there is practical difficulty and unnecessary hardship in conforming with the provisions of the Zoning Ordinance, such installation being necessary and essential to accommodate the growing electrical load in the vicinity. APPEARANCES: For Appellant - Mr. Arthur H. Blackburn, Attorney Mr. John Monsees, Engineer -99- For Opposition - Dr. Joseph Salviolo 8 Bonnie Way Mr. C. W. Martin 30 Bonnie Way Dr. J. Haralambie 32 Bonnie Way Mr. George H. Straub 10 Bonnie Way Mr. Levenson 584 Weaver Street Mr. Blackburn was asked why Con Edison wanted to make this installation in a residential zone. He replied that the electrical load in these communities has increased, therefore, additional equipment is needed to supply sufficient electrical service. He said the electrical load has built up to its peak because of the addition of household appliances, such as deep-freezers, air- conditioners, etc. , and the Company finds it necessary to secure a location for the equipment to carry the extra load. Mr. Black was also asked if he had explored the possibility of putting the equipment elsewhere in the Town. He replied that it was greatly desirable to situate the equipment nearest the peak load. Mr. Blackburn was then asked if the same purpose could be accomplished if the equipment were located near the railroad. He replied that it would not be satisfactory because the voltage would drop as it reached out to the area needing the service most. Mr. Blackburn was asked if the Company owned the property, and he replied that they have a conditional contract, provided they can get the necessary variance. He added that they have searched the neighborhood for suitable locations. It was pointed out to Mr. Blackburn that there is a large tract of land owned by the County. Had any consideration been given to that. Mr. Blackburn replied that consideration had been given to the use of County land, but were advised that the County would not sell or lease it. Upon further questioning about the proposed equipment being un- attended, Mr. Blackburn informed the Board that the Company has 40 or 50 stations located throughout the County. Each are entirely grounded and surrounded by a fence to protect them. Dr. Salviolo said that he wished to voice his objections an two counts: 1) The proposed installation would abut his property; 2), the electrical service in the immediate area is fairly adequate so far as he and his neighbors are concerned. In his opinion - 100- this installation should not be in an AA zone. He suggested that as long as the Company has additional land, why not put it further along toward the Reservoir. He said he was seriously opposed. Mr. Martin said the only reason why he was appearing was be- cause he lived in the neighborhood. Also, to support Dr. Salviolo. He said he would not object if the proposed installation were located farther back. Dr. Haralambie stated that the proposed installation was an attractive nuisance. He said there are some 25 children on this street, all of whom are under 12 years of age. There are 12 under 5 years, and the rest under 12. He said the people who moved into that street did so because it was a dead-end, to secure safety for their children. He said he was not convinced that this attractive nuisance is going to be safe. He added that he had seen the one on the Post Road and it was his opinion that it would prove an attraction for youngsters to climb and investigate. Mr. Straub said his objections are primarily the same as those of Dr. Salviolo's, although he realizes the proposed installation has to be located somewhere. He said he was in agreement with the suggestion made that the possibility of acquiring County-owned land should be explored. Mr. Blackburn pointed out that they were unsuccessful, to which Mr. Straub replied that the Company had not said that it had been specifically turned down in this particular case. Mr. Levenson stated that his property is located directly opposite the proposed installation, and he was in complete agreement with his neighbors. He said he felt that it would devaluate the property in that particular area. However, the possibility should be ex- plored of setting the installation further from the road. Dr. Salviolo asked permission to question Mr. Blackburn con- cerning the adequacy of the service. Mr. Blackburn pointed out that the supply is inadequate at this time. He said it is at a point where they are very much concerned about it. The area towards Larchmont is rather fully developed, and, in addition, there is an increase in the use of appliances. - 101- 1 Mr. Bierman then asked if the representatives of Con Edison had any statistics to present at this time. Mr. Jonsees, the Engineer answered that the Company has two substations presently supplying the Flint Park and Valley Place area. He said they are on the verge of overload, and something must be done to relieve the load. Because of the objections voiced at this meeting, and in order that the members of the Board might have more time to examine the property, to arrive at a proper decision, the Chairman re- commended that the matter be postponed until the next meeting. Following a general discussion, Mr. Blackburn, and Mr. Monsees, were requested to submit specific information re- garding costs of equipment and installation, with a view to an alternate location. ACTION OF THE BOARD: Application postponed. THE VOTE: AFFIRMATIVE: Chairman Wullschleger, Messrs. Sobel, Schuler, Parsons, Bierman NEGATIVE: None THE RESOLUTION: On motion duly made and seconded, it was unanimously RESOLVED, that the application of Consolidated Edison Company of New York, Inc. , for modification of Article II, Section 3 of the Zoning Ordinance, to permit the installation of transformer- switchgear equipment for electric service on premises known as Block 104, Parcel 119 on the Tax Assessment Map of the Town of Mamaroneck, located in an "AA" residential zone on the ground that there is practical difficulty and unnecessary hardship in conforming with the provisions of the Zoning Ordi- nance, such installation being necessary and essential to accom- modate the growing electrical load in the vicinity, be and it hereby is adjourned, and that notice of such application be re-published. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. -102- r APPLICATION #2 Application of Morton S. Wolfe for modification of Article II, Section 7 of the Zoning Ordinance, as amended, so as to allow the construction of a one-car detached garage, on premises known as Block 508, Parcel 30 on the Tax Assessment Map of the Town of Mamaroneck, with a set back of less than 75 feet from the street, on the ground that there is practical difficulty and unnecessary hardship in conforming with the provisions of the Zoning Ordinance regarding set backs because of the con- struction of other improvements on the premises which will not permit the required 75 feet. APPEARANCES: For Appellant - Mr. Alfred Fanelli, Attorney For Opposition - None Mr. Fanelli stated that the land adjoining the sideline where both the one-car garage and the cabana would be built is intended to be used as a bathing beach by the residents in that area. Mr. Fanelli was questioned as to why the two-car garage presently under the house could not be enlarged. It was pointed out that there seemed no apparent reason why the garage could not be set back from Premium Point Road to a point on line with the front of the house. Also, there seemed to be no rhyme or reason why this proposed garage should come almost to the curbstone. Following further discussion, the members of the Board decided that this application is a matter of convenience for the applicant, rather than a hardship. ACTION OF THE BOARD: Application denied. THE VOTE: AFFIRMATIVE: Chairman Wullschleger, Messrs. Bierman, Sobel, Schuler, Parsons NEGATIVE: None - 103- r THE RESOLUTION: On motion duly made and seconded, the following resolution was unanimously adopted: WHEREAS, Morton S. Wolfe, has filed an appeal from a decision of the Building Inspector of the Town of Mamaroneck refusing a permit for the construction of a one-car detached garage on premises known as Block 508, Parcel 30 on the Tax Assessment Map of the Town of Mamaroneck, according to certain plans filed with him; and WHEREAS, Morton S. Wolfe requests that because of practical difficulty and unnecessary hardship this Board grant a variance and over-rule the decision of the Building Inspector; and WHEREAS, this Board has viewed the property and has examined the plans and other matters submitted by the Appellant, and has heard all persons appearing for or against the appeal NOW, THEREFORE, BE IT RESOLVED, that the appeal of Morton S. Wolfe, from the decision of the Building Inspector refusing the issuance of a permit for the construction of a one-car detached garage on premises at Premium Point Road, and known as Block 508, Parcel 30 on the Tax Assess- ment Map of the Town of Mamaroneck is denied on the ground that Appellant has failed to show any practical difficulty or unnecessary hardship; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. APPLICATION #3 Application of Morton S. Wolfe for modification of Article II, Sec- tion 9 of the Zoning Ordinance, as amended, for the construction of a cabana, or bath house, on premises known as Block 508, Parcel 30 on the Tax Assessment Map of the Town of Mamaroneck, having a side yard of less than six (6) feet as required, on the ground that there is practical difficulty and unnecessary hardship in conforming -104- with the provisions of the Zoning Ordinance because of the con- struction of other improvements on the premises which will not permit a six (6) foot side yard. APPEARANCES: For Appellant - Mr. Alfred Fanelli, Attorney For Opposition - None In discussion, the Town Engineer explained that the proposed cabana really would be two buildings joined by an open court with barbecue pit, and the two parts of the structure would be used as a back wall presently on the line. The Town Engineer further pointed out that the Ordinance calls for an accessary building to be placed two feet from the side line. It was suggested that this could be done by reducing the area between the cabana and swimming pool, or moving the pool. Mr. Fanelli stated that this would present practical difficulty in view of the proposed improvements. Following further discussion, the members of the Board decided that this application is a matter of convenience for the applicant, rather than a hardship. ACTION OF THE BOARD: Application denied. THE VOTE: AFFIRMATIVE: Chairman Wullschleger, Messrs. Bierman, Sobel, Schuler, Parsons NEGATIVE: None THE RESOLUTION: On motion duly made and seconded, the following resolution was unanimously adopted: WHEREAS, Morton S. Wolfe has filed an appeal from a decision of the Building Inspector of the Town of Mamaroneck refusing a permit for the construction of a cabana, or bath house, on premises known as Block 508, Parcel 30 on the Tax Assessment Map of the -105- Town of Mamaroneck, according to certain plans filed with him; and WHEREAS, Morton S. Wolfe requests that because of practical difficulty and unnecessary hardship this Board grant a variance and over-rule the decision of the Building Inspector; and WHEREAS, this Board has viewed the property and has examined the plans and other matters submitted by the Appellant, and has heard all persons appearing for or against the appeal NOW, THEREFORE, BE IT RESOLVED, that the appeal of Morton S. Wolfe, from the decision of the Building Inspector refusing the issuance of a permit for the construction of a cabana, or bath house, on premises at Premium Point Road, and known as Block 508, Parcel 30 on the Tax Assess- ment Map of the Town of Mamaroneck is denied on the ground that Appellant has failed to show any practical difficulty or unnecessary hardship; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. There being no further business to come before the meeting, it was adjourned at 9:45 p. m. JP,Ift,R) Secretary -106-