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HomeMy WebLinkAbout1949_04_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MFETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMAROI'ECK, HELD APRIL 27th, 1949 , at 11 EDGEWOOD AVENUE , LARCHMONT , N. Y. PRESENT: George D. Burchell , Chairman Charles F. Mink Clifford V . Cross Cornelius J. Quinn Jeremiah C. !`Waterman ABSENT: None Mr. Burchell called the meeting to order at 8:10 P. M. On motion duly made and seconded , the minutes of the previous meeting were approved as presented. The Clerk stated that the application of Merritt Building Corporation in connection with premises on Sheldrake Avenue , known as Block 221, Parcel 414, had been withdrawn. SLi The first application before the Board was that o ' Bernard Lancia, for modification of Article III , Section 9 of the Zoning Ordinance as amended , to permit the erection of a private dwelling in a residence district "AA" on a lot having a street frontage of 31.72 feet on a curve with a radius of 35.c feet (instead of the required 50 foot frontage) in connection with premises on the northeast side of Lancia Lane , 200 feet east from Avon Road and known on the Tax Assessment Map as Block 206 , Parcel 43. Mr. Lancia appeared in behalf of the application and presented a plot plan and subdivision map. No one appeared in opposition to the application. After discussion, Mr. Lancia was informed that he would be notified of the Board 's decision. ****** The next application before the Board was that of Edward Ely Hoxie for modification of Article III , Section 9 of the Zoning Ordinance , to permit the erection of a one-family dwelling to be set back not less than 20 feet from street line in connection with premises on 4 the northwest side of Myrtle Boulevard , 280 feet from the northwest corner of Taylor. Place , and known on the Tax Assessment Map as Block 125, Parcel 60. Mr. Hoxie appeared in behalf of the application and presented sketches. Mr. Frank Gironda , Cabot Road , Larchmont , spoke in favor of the application. Mrs. Dorothy Schmidt , 51 Edgewood Avenue , Mr. Arch Payne , 7 Judson Street and Miss Sarah Marty, 45 Edgewood Avenue , said they had no objection to the variance as such , but they would protest any blasting in that area. -25- Mr. Burchell informed them that the Board did not have jurisdic- tion over blasting. Mr. Burchell then asked If there was anyone present who would ob- ject to the granting of a variance to permit a dwelling to be erected 20 feet from Myrtle Boulevard in connection with Block b125, Parcel 60. There was no objection to this . After further discussion, Mr. Hoxie was informed that he would be notified of the Board ' s decision. ****** The Board then went into executive session and after discussion, on motion by Mr. Quinn, seconded by Mr. Mink, the following resolu- tion was adopted: WHEREAS , Bernard Lancia has taken an appeal from the decision of the Building Inspector denying a building permit for the erection of a building on Block 206, Parcel 49 on the Tax Assessment Map of the Town of Mamaroneck, in accordance with plans and specifications submitted to the Building Inspector , and it appears that the Building Inspector has denied the granting of such permit for the reason that the building, according to the plot plan submitted , is not in conformity with Article III , Sec- tion 9 of the Zoning Ordinance which requires , in the case of said plot or lot , a minimum fifty feet of frontage on a road or street dedicated to public use; and "'HEREAS , it appears that the said Bernard Lancia, hereto- fore , and on or about April 2nd , 1948, filed a certain plot plan or subdivision map entitled "Subdivision 12 , Part of Lot 10, Map of Fenimore Cooper Park, Inc. , Section A , Map 13 , Torn of Mamaro- neck, Westchester County, New York, made by A. J. Foote , Surveyor , Larchmont, New York, which bears the Register ' s Office No. 6550: and WHEREAS , examination of said plot plan indicates that there are practical difficulties and unnecessary hardship in the subdivision of the entire property owned by the said Bernard Lancia as shown on said map, particularly because of the fact that the said street or lot upon which this lot fronts , is a street or road running approximately 200 feet east from Avon Road and ter- ` minating in a circle which makes it impossible to project lots which in all cases have a fifty foot frontage upon said street or road; and WHEREAS , the Board has determined that it is impossible for the applicant to erect a building upon the property in question in conformity with the Ordinance , because of the fact that the lot upon which said building would be erected has a minimum frontage of 31.72 feet and not 50 feet as required by the Ordinance , and that a variance from the provisions of the Ordinances with regard to the 50 foot frontage is necessary in order to permit the erection of this or any other building upon said property -26- NOW, THEREFORE , BE IT RESOLVED that the said appeal from the determination of the Building Inspector be allowed and the determination of the Building Inspector reversed and he be and hereby is directed to issue to the appli- cant , a building permit for the erection of a dwelling upon said premises , in accordance with the plot plan submitted , which shall have a front- age of 31.72 feet on Lancia Lane and be in accordance with the plans and specifications filed in connection with said application, provided that in all other respects , the appli- cant abide by the provisions of said Ordinance and Building Code of the Town of Mamaroneck. A vote taken on the above resolution resulted as follows: AYES : Mr. Burchell Mr. Quinn Mr. Cross Mr. Waterman Mr. Mink NOES: None The Board discussed further the application of Mr. Hoxie and it was decided to put this over until the next meeting to give Mr. Hoxie an opportunity to submit a plot plan and plans of the contemplated dwelling. There being no further business to come before the meeting, it adjourned at 9:30 P. M. -- ---_ Secretary K -27-