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HomeMy WebLinkAbout1949_12_28 Zoning Board of Appeals Minutes MINUTES OF A TWEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD IN THE BOARD ROOM AT 11 EDGEWOOD AVENUE, LARCHMONT, N. Y., ON DECETBER 28th, 1949 PRESENT: George D. Burchell, Chairman Charles F. Mink Jeremiah C . Waterman Arthur E . Wullschleger ABSENT: Cornelius J. Quinn The Chairman called the meeting to order at 8 o' clock P. L . The minutes of meetings held November 23rd and December 7th were approved. The application of Thomas Scappaticci, which was originally before this Board at its meeting held November 23rd, was again adjourned and the Clerk was instructed to comr^unicate with Mr . Scappaticci to learn his intentions with regard to this application. The first application before the Board was that of Thomas Carrino, (Alfred Willis, Agent) for modification of Article II, Section 3 of the Zoning Ordinance to permit enclosure of base- ment for more room for 1 apartment and for construction of walls to enclose present open porch at first floor and to provide an open porch for second floor apartment in connection with premises on the south side of Lester Place, 50 feet south from Williams Place, known on the Assessment Map of the Town of Mamaroneck as Block 130, Parcel 575. Mr. Millis appeared in behalf of the application and submitted blueprints . The Clerk stated that the application had been duly adbertised. No one appeared in opposition to this application. **** *** The next application before the Board was that of Henry T . Malloy for modification of Article II, Section 7 of the Zoning Ordinance to permit the erection of a two-car garage with front not less than 50 feet from Edgewood Avenue street line, in connection with premises on the south side of Edgewood Avenue, 50 feet iest from Weaver Street, known on the Assessment Iap of the Town of Mamaroneck as Block 123, Parcel 146. Mr . Malloy appeared in his own behalf and submitted a sketch of the property with blue prints and pictures of the proposed garage . The Clerk stated that the application had been duly advertised. Edward Schroeder of 44 Myrtle Boulevard appeared but said he did not oppose the application. No one appeared in opposition to this application. ********* Y 1 The third application before the Board was that of Carl Guglielmo for modification of Article III, Section 9 of the Zoning Ordinance to permit the erection of a one-family dwelling and two-car garage , said dwelling to be set back less than 40 feet from the street line, to wit, 38 feet, and to be erected on a plot, the area of which is to be less than 15,000 square feet, to wit, 10, 200 square feet, in connection with premises on the south side of Beresford Lane, 200 feet east from Avon Road, known on the Assessment Map of the Town of M:maroneck as Block 206, Parcel 3$9. The Clerk stated that }he application had been duly advertised .' Mr . William S . Brill, an attorney, appeared, representing Mr . James B. Morris, 50 Garden Road W. , who is the present owner of the property, having entered into a conditional sales contract with I;Ir . Carl Guglielmo, to sell the property in question to him, provided a variance can be obtained . Mr . Brill submitted blue prints of the proposed house and addressed the Board . He also submitted a map known as "Amended Map of Plot 12 and 14, Property of Fenimore Cooper Park, Inc ." made by A. J. Foote, June 12, 1937 and filed as Flap No. 4465 in the Westchester County Clerk' s Office . The following registered opposition to the application: Mr . John Scharbough, 24 Avon Road, Town Mr. Richard Fisk, 10 Oxford Road, Town Mr . J. N. Heed, 4 Beresford Lane, Town Mr. Bernard Lancia, 829 Halstead Avenue, Mamaroneck (Mr. Lancia is a builder who owns property in the locality of the subject property) Mr. Alfred Willis, 132 Larchmont Avenue, Larchmont (Mr. Willis is also a builder interested in that locality) Mr. Morris addressed the Board in his own behalf. Mr. Viggo Borgen, 159 Larchmont Avenue, Larchmont, a real estate broker, stated that in his opinion, the lot in question could not be sold for $4,000. Mr. Scharbough stated that he, together with the other gentle- men present, represented the Larchmont Ridge Taxpayers ' Associ- ation. ******** The last application before the Board was that of Carmine Perciaseppe for codification of Article II, Section 7 of the Zoning Ordinance to permit a corrrercial garage in a business dis- trict in connection with premises on the northwest side- of Myrtle Boulevard, 305 feet south from the southwest corner of North Chats- worth Avenue and Myrtle Boulevard, known on the assessment map of the Town of Mamaroneck as Block 133, Parcel 635. Mr. Emil Zvirin, a real estate broker, appeared representing Mr. Perciaseppe and submitted a blue print of the proposed garage . �_� III! The Clerk stated that the application had been duly advertised . There was no opposition to this application. ********* The Board then went into executive session. After discussion of the application of Thomas Carrino, it was, on motion duly made and seconded: RESOLVED that the application of Thomas Carrino, by Alfred Willis, his agent, for modification of Article II, Section 3 of the Zoning Ordinance, to permit the enclosure of the basement for more room for one apartment and for tie construc- tion of walls to enclose the present open porch at the first floor and to provide an open porch for the second floor apart- ment in connection with the premises on the south side of Lester Place, 50 feet south from "'illiams Place and known on the Assessment Map of the Town of Max aroneck as Block 130, Parcel 575, be and the same is denied upon the ground that the applicant has failed to show unnecessary hardship or practical difficulty in abiding by the strict provisions of the Ordin- ance. A vote taken on this resulted as follows: AYES: Mr. Burchell Mr. Waterman Mr . Mink : 1 NOES: Mr. ""ullschleger ********* After discussion of the application of Henry T . Malloy, the fol- lowing resolution was, on motion duly made and seconded, adopted: WHEREAS, Henry T. Malloy has taken an appeal from a decision of the Building Inspector denying his application to permit the erection of a two-car garage with its front not less than 50 feet from the Edgewood Avenue street line, in connection with premises on the south side of Edgewood Avenue, 50 feet west from Weaver Street, known on the Assessment Map of the Town of Mamaroneck as Block 123, Parcel 146 ; and 7rEREAS, the said appeal is predicated upon the grounds of un- necessary hardship and practical difficulty in complying with the strict provisions of the Ordinance and it appears to the Board, under all the circumstances, that it would be an unnecessary hardship to require the applicant to comply with the strict provisions of the Ordinance in respect to the prescribed 75 foot set-back requirement for the proposed garage, in view of the fact that it would be im- possible to erect the garage farther to the rear because of the sharp drop in the terrain and since the said variance would not be detrimental to the public welfare, safety or health, � / NOW, THEREFORE, BE IT RESOLVED that the appeal of the said Henry T. Malloy he and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting the erection of the said garage to have a lesser set back than 75 feet, to - wit, 50 feet from the said street line as shown on the plot plan and drawing filed in connection with this application, provided that applicant comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote taken on this resulted as follows : AYES: Mr. Burchell Mr. Waterman Mr. Mink Mr. Wullschleger NOES: None ********* After discussion of the application of Carmine Perciaseppe, the following resolution was, on motion duly made and seconded, adopted: WHEREAS, Carmine Perciaseppe has taken an appeal from a decision of the Building Inspector denying his application to per- mit the erection of a gasoline service station in a business district in connection with the premises on the northwest side of Myrtle Boulevard, 305 feet south from the southwest corner of North Chatsworth Avenue and Myrtle Boulevard, known on the Assess- ment Map of the Town of Mararoneck, as Block 133, Parcel 635; and WHEREAS, it appears to the Board that the premises are located in a business district and there exists upon the same street, several similar non-conforming uses ; and WHEREAS, it is felt that the use petitioned for would not be inharmonious with the intent and purpose of the Zoning Ordinance and would not be detrimental to the public welfare, safety or health, NOW, THEREFORE, BE IT RESOLVED that the appeal of the said Carmine Perciaseppe be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting the erection of a gasoline service station on the premises in accordance with the plot plan and drawings filed in connec- tion with the application, provided that the applicant comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mararoneck. A vote taken on this resulted as follows : AYES: Mr. Burchell Mr. Waterman Mr . Wullschleger NOES: Mr . Mink ********* 5l After discussion of the application of Carl Guglielmo in connec- tion with premises on the south side of Beresford Lane, known as Block 206 Parcel 389, it was decided that decision on this appli- cation would be adjourned and a further hearing would be held on January 12th, 1950 in the Council Room of the Weaver Street Fire House at 8 o'clock P. M. There being no further business to come before this meeting, it adjourned at 10:30 P. M. • 53 A