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HomeMy WebLinkAbout1953_11_06 Zoning Board of Appeals Minutes MINUTES OF A SPECIAL MEETING OF THE ZONING BOARD OF APPEALS OF ThE TOWN OF MAMARONECK, HELD NOVEMBER 6, 1953, IN ThE MAMARONECK TOWN POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. Mr. Wullschleger called the meeting to order at 8 P . M. PRESENT: Mr. Wullschleger, Chairman Mr. Burke Mr. Rigano Mr. Maggini Mr. Brush ABSENT: None Presence was also noted of Mr. McEvoy, Building Inspector, Mr. Delius, Town Attorney, and Mrs. Barnes, Clerk to the Board and recording secretary. On motion duly made and seconded, the minutes of the previous meeting, held October 28, 1953, were approved as presented. The Clerk read the first application before the Board, which was that of Gaetano Protano, for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit erection of a house containing less than 35,000 cubic feet on a lot containing less than 15,000 square feet with a front set back of less than 40 feet and one side yard of less than 10 feet, on premises on the east side of Bonnie Way (no number) known on the Tax Assessment Map of the Town of Mamaroneck as Block 105 Parcel 531; said property being located in the AA Residence Zone of the Town of Mamaroneck. Mr. Jerome Wanshell, 6 Beverly Place, Larchmont, an attorney representing Mr. Protano, addressed the Board, explaining that there is a large deposit of rock in the rear of this lot and that if they do not receive a vari- ance, they will be unable to use the lot. Mr. Walter E. Warner, 3 Briar Close, representing 15 neighbors in that locality, asked for an adjournment of the case to give these neighbors more time to study the situation. He said they had received their notice of the meeting on Monday, November 2nd. He had gone to the Town Office on Thursday morning and had been unable to see the plans as they had not as yet been filed. This matter was put over until the next meeting of the Board which will be held Tuesday, November 24, 1953 (a special meeting) . The Board next took up the application of the C . Mayone Corp. , Contract Vendee, and Mary C . Mead, Owner and Contract Vendor, for modification of Article II, Sections 3 and 4 of the Zoning Ordinance, to permit construc- tion and use of premises as a motel consisting of 53 attached units for tourist accommodations and facilities under the common roof and arranged in an "L" around a central court, building to be set back at least 60 feet from Boston Post Road, 40 feet from rear line and having minimum side line set backs of at least 40 feet. Building to be shielded from the Boston Post Road by vast rock formation at northwest corner of plot which is to remain in its present condition and to maintain natural beauty of plot, on premises on the south side of the Boston Post Road, -146- A 200 feet west from Hammocks Road, known on the Tax Assessment Map of the Town of Mamaroneck as Block 411 Parcel 169, front 100 feet of which is in Business "C" Zone and the rear portion of plot in Residence "A" Zone. . Mr. William S . Brill, an attorney, 175 Boston Post Road, Larchmont, represented C . Mayone Corp. (A stenographic copy of the proceedings is hereto annexed) . Mr. Brill presented the case and pointed out that the cost of blasting the rock (he submitted an estimate made by Domenico Marreilo and Son, dated October 23, 1953 - for leveling front portion of property, $126,490; for leveling rear portion of property, $29,335) would make retail business use impractical, and the salt marsh to the rear of the Residence "A" Zone would make it undesirable for homes. He said he would show that the owner is faced with unnecessary hardship; that the owner' s position is unique; and that the proposed construction of a motel would not alter or destroy the character of the neighborhood which now has garages, an outdoor furniture show room, a floor covering store, and automobile show rooms. At a later point it was brought out tnat most of these uses extended back beyond the present 100 foot business zone. Mr. Charles Mayone, President of C . Mayone Corp. , testified, as did Mr. Paul Collette, his nephew, who will manage the proposed motel, regarding the construction and operation of the project. Mr. Mead testified that the only offer they have had for tneir property was one for a portion of the land near the outdoor parking area of Bose and Parker but they did not want to sell a portion of the property. There had been no offers for residence construction. Mr. harry K. Keller, (for the applicant) 17 Interlake Drive, Town of East- chester, a real estate appraiser and a member of the Town of East Chester Zoning Board, developed the technical side of the question. He testified that he had made a thorough inspection of the property and he considers the property unique. He considers that the motel would not be a deterrent but would be in complete harmony with the type of development along the Post Road. The rear of the property, he stated, is not adaptable for homes because the steep drop from the front to the rear and the salt marsh across the rear are not conducive to residence use. Mr. Charles F . Winkler, (for the applicant) said he had lived in the area 33 years and he could see nothing in the proposed structure that would adversely affect the Post Road. tie said "ours is a growing community and must be so recognized" . Mr. Marshall De Noyelles (opposing the application) , President of the Rock Ridge Civic Association, entered a protest on behalf of the residents of that area. He pointed out tnat from New Rochelle to the Mamaroneck Village line, the Post Road had traditionally been commercial to the depth of only 100 feet. Also that no matter how high the motives of the builders and operators, such a motel, so close to New York, might lead to an influx of undesirables. As to the rear portion being unfit for residential use, he said that was only a personal opinion, and pointed to the houses built on more rugged land in Rock Ridge. -147- - ____J Also recording opposition to the project, were the following: Mr. William P. O' Connor, Jr. , 32 Cooper Lane, President of Larchmont Gardens Civic Association Mr. Otto Scheuble, 3 Rockridge Road Mr. Arthur D. Greenleigh, 24 Rockridge Road Mr. Frank X. O'Donnell, Jr. , 100 Palmer Avenue, emphasized the fact that he was not appearing for the Howell Park Association, but stated that a number of his neighbors have expressed adverse opinions as to the desira- bility for the whole Town, of a motel in that area. He feels that the atmosphere along the Post Road is deteriorating and that a blight is developing fairly close to our community which is not doing the Town any good. The third application before the Board was that of Audrey Greenfield for modification of Article II, Section 6 and Article III, Section 9 of the Zoning Ordinance, to permit alteration or remodeling of a non- conforming building at a cost of more than 25% of assessed valuation, which building cannot conform to "AA" Residence Zone restrictions and which building contains less than 35,000 cubic feet, and the side yards of which will aggregate less than 30 feet, on premises on the east side of Fenimore Road (no number) known on the Tax Assessment Map of the Town of Mamaroneck as Block 301 Parcel 387; said property being located in the "AA" Residence Zone of the Town of Mamaroneck. Mr. George P . Forbes, Jr. , Chatsworth Gardens, an attorney with an office in White Plains, represented the Greenfields and stated that the conditions are very unusual. Mr. henry Barnett, an attorney with an office at 1472 Broadway, New York, who represented the Greenfields on closing of title at the time they purchased the property, spoke in favor of the applicants. Mr. Abraham Solomon, 391 E. 149th Street, Bronx, and Mr. Mortimer Solomon, 65 Old Mamaroneck Road, also appeared in favor of the applicants. Mr. Jerome Wanshell, appeared, representing the opposition, consisting of Mr. Spencer Sarnoff, Mr. Maury P . Medwick, and Mr. Lewis P . Stanton, neighboring property owners. The Board went into executive session and after discussing the application of C . Mayone Corp. , decided to meet again on Monday, November 9th, at 8 P . M. , in the Mamaroneck Town Police Station for further discussion and to render a decision. After discussion of the application made by Audrey Greenfield, the following resolution, on motion duly made and seconded, was adopted: -148- WHEREAS, it appears that the applicant, Audrey Greenfield, purchased the property which is the subject of her application, in the year 1953, approximately 5 years subsequent to the amendment of the Zoning Ordinance, (May 19, 1948) establishing the "AA" Zone, in which this property is situated; and WHEREAS, it now appears that the lot or plot purchased, was part of a larger plot or parcel owned by Mortimer Solomon, and the improvement was a garage with living quarters, which building is so situated that it violates the Zoning Ordinance with regard to set- backs; and WHEREAS, the plans submitted indicate an alteration, addition, or enlargement to a building originally non-conforming, at a cost in excess of 25% of the assessed value, for a building which, as altered, will not have the cubic content required by the provisions of the Zoning Ordinance; and WHEREAS, this application is based on practical difficulty and unnecessary hardship, NOW, THEREFORE, BE IT RESOLVED that the application of Audrey Greenfield for modification of Article II, Section 6 and Article III, Section 9 of the Zoning Ordinance, to permit alteration or remodeling of a non-conforming building at a cost of more than 25% of assessed valuation, which building cannot conform to "AA" Residence Zone restrictions and which build- ing contains less than 35,000 cubic fee, and the sideyards of which will aggregate less than 30 feet, on premises on the east side of Fenimore Road (no number) known on the Tax Assessment Map of the Town of Mamaroneck as Block 301 Parcel 387 (said property being located in the "AA" Resi- dence Zone of the Town of Mamaroneck) be and the same here- by is denied on the ground that the applicant has failed to show unnecessary hardship or practical difficulty in abiding by the provisions of the Ordinance. The vote recorded on the resolution was as follows: AYES: Mr. Wullschleger M r. Burke Mr. Rigano Mr. Maggini Mr. Brush NOES: None There being no further business to come before the meeting, it ad- journed at 12: 20 A. M. //irA,4 Secretary -149-