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HomeMy WebLinkAbout1959_05_06 Zoning Board of Appeals Minutes MINUTES OF A SPECIAL MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD MAY 6, 1959, IN THE COURT ROOM OF THE MAMARONECK POLICE DEPARTMENT, 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. Laurence Sobel Mr. Phil Corby ABSENT: Mr. Sidney Bierman ALSO PRESENT: Thomas McEvoy, Town Assessor The Chairman requested the Board members to stand for a minute in silent tribute to Dr. Robert E. Quinn, son of Cornelius Quinn, former Zoning Board Chairman. APPROVAL OF MINUTES ' The minutes of the meetings held March 25 and April 22, 1959 were approved as presented. 39 I BOWLING ALLEYS--BURTON C. MEIGHAN, ESQUIRE Burton C. Meighan appeared on behalf of Bado Realty Company and Elizabeth and Herman Bottjer and stated that his clients had obtained a variance which was granted on Feb. 25, 1959 for the erection of a building to house commercial bowling alleys on premises located on the Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Parcels 137 and 221. Mr. Meighan further said that a minor change in the plans filed previously was now con- templated which would result in a slightly smaller building and he would like the Board's approval of these new plans. Mr. Elmer E. Smith, engineer, submitted the new plan which is known as Drawing #2273 A. After examining the plan and following further discussion upon motion by Mr. Corby, seconded by Mr. Wullschleger, the following resolution was unanimously adopted: RESOLVED that the plan submitted May 6, 1959, known as Drawing #2273A,showing a change in a building to house commercial bowling alleys on premises located on Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Parcels 137 and 221 be accepted subject to the extent necessary to modify the plans previously filed Feb. 25, 1959, for which a variance was granted on Feb. 25, 1959. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. HEARINGS The secretary presented the affidavit of publication of notice of the hearing as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on April 15, 1959. The Chairman declared the hearing open and requested the secretary to read the application of C. W. Moody which had been adjourned from April 22, 1959. 40 APPLICATION NO. 1---C. W. MOODY Case # 38 Application of C. W. Moody for modification of Article III, Section 9 of the Zoning Ordinance of the Town of Mamaroneck, as amended, so as to permit the con- struction of a one family dwelling on premises located on the north east corner of Briar Dell Road and Winged Foot Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 204, Parcel 260 having a setback of less than 40 feet from Winged Foot Drive, on the ground that Article III, Section 9 of the Town of Mamaroneck Zoning Ordinance, as amended, states that no part of any building shall be built within 40 feet of any street line except that on corner lots such building may be set back a less distance from the side street with the approval of the Board of Appeals. 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 Appellant: Dr. Arnold Breakey, Durham Road Mr. C. W. Moody, Dudley Lane Sam Paonessa, Briar Del Homes In Opposition: Jerome N. Wanshel, Esquire 132 Larchmont Ave. , Larchmont Mr. Moody appeared and explained the plan for his house and pointed out that the topography of the land made it practically impossible to build the house with a forty foot set back. Mr. Moody was questionlby the Board members as to how much thought had been given to the planning of this house as to its location on the lot, etc. and replied that aver 6 months thought and planning had gone into this plan. Dr. Breakey speaking for himself and Mrs. Forbes stated that in his thoughts this was the only feasible plan for the location of the house. Mr. Paonessa also agreed that this was the best plan. Mr. Wanshel, representing Mr. and Mrs. Arthur Goldfinger, stated that this was a new section and to start granting setbacks 41 of less than 40 feet was setting a bad precedent. He further stated that it was possible to build on this land in conformity with the Zoning Ordinance and that the fact that this would cost the builder more did not constitute hardship, therefore, the variance should not be granted. Following further discussion on motion by Mr. Corby, seconded by Mr. Schuler the following resolution was adopted: WHEREAS, C. W. Moody has filed an appeal from a decision of the Building Inspector of the Town of Ma- maroneck, refusing a permit for the erection of a one family dwelling having a setback of less than 40 feet from Winged Foot Drive, on a lot located on the north east corner of Briar Dell Road and Winged Foot Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 204, Parcel 260; and WHEREAS, C. W. Moody states that to build the house with the required setback would work undue hardship to the appellant because of the topography of the plat and the outcropping of rock; and WHEREAS, this Board has viewed the property and has examined the plans and other matters submitted by the applicant and has heard all persons appearing for or against the appeal: NOW, THEREFORE, BE IT RESOLVED that the appeal of C. W. Moody from the decision of the Building Inspector refusing the issuance of a permit for the erection of a one family dwelling having a setback of less than 40 feet from Winged Foot Drive on a lot located on the northeast corner of Briar Dell Road and Winged Foot Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 204, Parcel 260, 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 III, Section 9 of the Zoning Ordinance of the Town of Mamaroneck, as amended, relating to setbacks on corner lots on a lot located on the northeast corner of Briar Dell Road and Winged Foot Drive 42 r and known on the Tax Assessment Map of the Town of Mamaroneck as Block 204, Parcel 260, be varied and modified so as to allow the erection of a one family dwelling with a setback of less than 40 feet from Winged Foot Drive, as specified in Article III, Section 9 which requires that no part of any building shall be built within 40 feet of any street line except that on corner lots such buildings may be set back a less distance from the side street with the approval of the Board of Appeals, pro- vided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; FURTHER RESOLVED that this variance is granted solely on condition that the following requirements be strictly adhered to: 1. The building shall be built in strict accordance with the plans filed with this application. FURTHER RESOLVED that in accordance with the Rules and Regulation 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 com- pleted within one (1) 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 foregoin resolution was as follows : Chairman Wullschleger Aye Mr. Schuler Aye Mr. Corby Aye Mr. Sobel Abstaining Mr. Bierman Absent and not voting ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:30 p. m. Secretary 43