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HomeMy WebLinkAbout1949_03_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD IN THE BOARD ROOM AT 11 EDGEWOOD AVENUE, LARCHMONT, NEW YORK, ON MARCH 23rd, 1949 Mr. Brewer called the meeting to order at 8:10 P. M. PRESENT: Munn Brewer, Chairman Charles F. Mink Clifford W. Cross ABSENT: Cornelius J. Quinn George D. Burchell On motion made by Mr. Minx, seconded by Mr. Cross, the min- utes of the previous meeting, held February 23rd, 1949, were approved as presented. The first application before the Board was that of Merritt Building Corporation for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit the erection of a dwelling containing 17,000 cubic feet in connection with premises on the west side of Sheldrake Avenue, 300 feet north from Forest Avenue, and known on the assessment map of the Town of Mamaroneck as Block 221, Parcel 54. The Clerk stated that the application had been duly advertised. Mr. John C. Merritt appeared in behalf of the application, addressed the Board and submitted blue prints and sketches of the premises. The following people registered their opposition to the application. Mrs. Antoinette T. Davis, 462 Weaver Street Mrs. Helen Doyne, 468 Weaver Street Mrs. Dorothy Neely, 450 Weaver Street Mr. Charles J. Koechling, 51 Sheldrake Avenue Mr. Mortimer Baumblatt, 52 Sheldrake Avenue Mr. Roy Davis, 462 Weaver Street Mr. Robert Schmidt, 50 Sheldrake Avenue After discussion, Mr. Brewer announced that the applicant would be notified of the Board's decision, and other interested per- 4 sons could contact the Clerk for this information. n***;; ;**r„ The second application before the Board was that of William Tieder, for modification of Article III, Section 14 of the Zoning Ordinance, to permit accommodation or provision for two families on 7,500 square feet, in connection with pre- mises on the southerly side of Sheldrake Avenue, 152.34 feet from Rockland Avenue and known on the assessment map of the Town of Mamaroneck as Block 221, Parcel 78. -19- The Clerk stated that the application had been duly adver- tised. Mr. Tieder appeared in behalf of the application, addressed the Board and submitted blue prints. It was stated that the building in question had never been occupied; it has no chimney; and no cooking facilities. The following people registered their opposition to this application: Mr. G. J. O 'Reilly, 53 Sheldrake Avenue Mr. Charles J. Koechling, 51 Sheldrake Avenue Mr. Roy Davis, 462 Weaver Street Mrs. Helen Doyne, 468 Weaver Street Mrs. Antoinette T. Davis, 462 Weaver Street Mr. Mortimer Baumblatt, 52 Sheldrake Avenue Mr. Robert Schmidt, 50 Sheldrake Avenue After discussion, the Chairman announced that the applicant would be notified of the Board 's decision, and other inter- ested persons could contact the Clerk for this information. ******** ** ** The third application before the Board was that of Charles and Daisy Smith, for modification of Article II, Section 3 of the Zoning Ordinance to allow a two-family residence in a residence district Class "A' in connection with premises on the south side of Dillon Road, 100 feet southerly from Boston Post Road and known on the Assessment Map of the Town of Mamaroneck as Block 504, Parcel 96. The Clerk stated that the application had been duly advertised. Mr. Smith appeared in behalf of the application and addressed the Board. Plans showing the necessary alterations were sub- mitted. The following persons appeared in behalf of the application: Mr. J. Cramer, 6 Dillon Road Mr. Patrick Bergen, 8 Dillon Road • Mr. Thomas Hogan, 19 Dillon Road Mrs . M. J. Hannan, 429 Boston Post Road There was no opposition. Mrs. William Lovely, Dillon Road, stated that she had no objection to the present application, but she did want to register a protest against any change in zoning in that neighborhood. Aft discussion, the Chairman announced that the applicant wou be notified of the Board 's decision and other interested persons could contact the Clerk for this information. -20- The fourth application before the Board was that of Merritt Building Corporation for ;modification of Article III, Section 9, of the Zoning Ordinance as amended, to permit the erection of a dwelling with a set-back on a corner lot of 18 feet 6 inches from one street and containing 18,000 cubic feet in connection with premises on the east side of Sheldrake Avenue on the northeast corner of Holly Place, known on the assessment map of the Town of Mamaroneck as Block 221, Parcel 274. The Clerk stated that the application had been duly advertised. Mr. John C. Merritt appeared in behalf of the application, addressed the Board and submitted blue prints and a picture and sketches of the proposed house. Mr. Merritt said there is a great deal of rock on this lot which will make necessary considerable blasting. The following people registered their opposition to this application: Mr. Roy Davis, 462 Weaver Street Mrs. Antoinette T. Davis, 462 Weaver Street Mr. Robert Schmidt, 50 Sheldrake Avenue Mrs. Helen Doyne, 468 Weaver Street After discussion, the Chairman announced that the applicant would be notified of the Board's decision and that other inter- ested persons cound contact the Clerk for this information. *ti************** *** The fifth application before the Board was that of Charles G. Williams for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit the erection of a dwell- ing on the east side of Mohegan Road, corner of Dundee Road, with a 40 foot set-back from Mohegan Road, said premises be- ing known on the assessment map of the Town of Mamaroneck as Block 208, Parcel 430 and 438. The Clerk stated that the application had been duly advertised. Mr. Williams appeared in behalf of the application and addressed the Board. He also submitted sketches showing the rock for- • mation on this lot which made his request for a variance neces- sary. Mr. William H. Fernschild, 193 Rockingstone Avenue, owner of the lot adjoining _the premises in question, said that when he learned that Mr. Williams did not intend to project any part of his building within the 40 foot set-back he was satisfied and had no objection. There was no opposition to the application. After discussion, the Chairman announced that the applicant would -21- `T • be notified of the Board 's decision,and other interested persons could contact the Clerk for this information. *; *********** * ti Mr. Julian Hyman appeared before the Board in support of the application of Luby Chevrolet Co. , Inc., which application had originally come before this Board on the 22nd of Decem- ber, 1948 and had been adjourned from time to time until the present date. Mr. Hyman submitted new blue prints of the proposed lubri- torium. Mr. Arthur Piser, architect, addressed the Board in behalf of the application. The following people registered their opposition to this application: Mr. Fred Moll Mr. Fred Dodenhoff Mr. Garafalo Mrs . Josephine Fazio Mr. Sal Fazio Mr. Davidson, General Manager of Luby Chevrolet Co. , Inc. , addressed the Board, in favor of the application. Mr. Brewer, Chairman of the Board, stated the Board 's posi- tion with regard to this application. He congratulated the Company on its present beautiful building, which was built after the acquisition of a variance from this Board, but Mr. Brewer went on to say that he did not believe the pro- posed location of the lubritorium was a good. one. After some discussion, Mr. Hyman said he would, with the % permission of the Board, withdraw the application. The Board then went into executive session. After discussion, on motion duly made and seconded, it was RESOLVED that the application of William 4 Tieder for modification of Article III, Section 9 of the Zoning Ordinance, to permit accommoda- tion or provision for two families on 7, 500 square feet, on property known on the assessment map of the Town of Mamaroneck as Block 221, Parcel 78, be and the same hereby is denied upon the ground that the applicant has failed to show any unnecessary hardship or practical difficulty in abiding by the Ordinance. -22 A vote taken on this resolution resulted as follows : AYES: Mr. Brewer Mr. Cross Mr. Mink , NOES: None After further discussion, on motion duly made and seconded, it was • RESOLVED that the application of Charles and Daisy Smith for modification of Article II, Section 3 of the Zoning Ordinance, to allow a two-family residence in a residence dis- trict Class 8A" in connection with premises known as Block 504, Parcel 96 on the Assess- ment Map of the Town of Mamaroneck, be and the same hereby is granted upon the ground that in view of the character of the property immediately surrounding said premises, the two-family houses in the immediate vicinity thereof, and the apartment house across the street therefrom, applicants have shown unnecessary hardship in complying with the provisions of the Ordinance and the granting of the application will be in keeping with the spirit of the Ordinance. A vote taken on this resulted as follows: AYES: Mr. Brewer Mr. Mink Mr. Cross NOES: None After further discussion, on motion duly made and seconded, it was RESOLVED that the application of Merritt Building Corp. for modification of Article III Section 9 of the Zoning Ordinance as amended, to permit the erection of a dwelling with a set- back on corner lot, of 18 feet 6 inches from Sheldrake Avenue, and to contain 18,000 cubic feet in accordance with plot plan and plans submitted with the application, upon premises known on the tax assessment map of the Town of Mamaroneck as Block 221, Parcel 274, be and the same hereby is granted upon the ground that because of the irregular size and shape of the corner plot in question and because of the -23- rock formation thereon, the applicant has shown practical difficulties and unnecessary hardship in complying with the provisions of the Ordinance. A vote taken on this resulted as follows: AYES: Mr. Brewer Mr. Mink Mr. Cross NOES: None After further discussion, on motion duly made and seconded, • it was RESOLVED that the application of Charles G. Williams for modification of Article III, Section 9 of the Zoning Ordinance as amended, to permit the erection of a dwelling on the east side of Mohegan Road, corner of Dundee Road, with a 40 foot set-back from Dundee Road and a 30 foot set-back from Mohegan Road as to part of the structure to be erected below the first floor, upon premises known on the assessment map of the Town of Mamaroneck as Block 208, Parcel 430 and 438, be and the same hereby is granted upon the ground that the applicant has shown practical difficulties and unnecessary hardship in complying with the Ordinance because of rock formation and the contour of the ground; provided, nevertheless, that the final working drawings and plot plan for the structure, be subject to the approval of the Zoning Board as to detail. A vote taken on this resulted as follows: AYES: Mr. Brewer Mr. Mink Mr. Cross NOES: None After further discussion in connection with the application of Merritt Building Corp. for modification of Article III Section 9 of the Zoning Ordinance as amended, in connection with ;;remises known as Block 221, Parcel 54, the Board decided to reserve decision. There being no further business to cone before the meeting, it adjourned at 11 P. M. Secre ary -24- i