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HomeMy WebLinkAbout1949_05_25 Zoning Board of Appeals Minutes 29 I MINUTES OF A REGULAR MFETING OF THE ZO^TIYG BOARD OF APPEALS OF THE TOWN OF I:"AT'AFOTTECK, HELD MAY 25th , 1949, AT 11 EDGE'.'?OOD AVENUE , LARCH1 ONT , N. Y. PRESENT: George D. Burchell , Chairman Charles F. Mink Jeremiah C. Waterman Cornelius J. Quinn Clifford W. Cross ABSENT: None • Mr. Burchell called the meeting to order at 8 o 'clock P. M. On motion duly made and seconded , the minutes of the previous meeting , held April 27th, 1949 , were approved as presented. The Clerk was instructed to write Mr. Edward Ely Hoxie , whose application had been before the Board on April 27th , and ask him to advise the Board of his intentions with respect to his applica- tion, i.e. whether he intends to withdraw it for the present , or submit more definite plans and specifications. The first application before the Board was that of Shirley Goode , for modification of Article III , Sections 9 and 14A of the Zoning Ordinance , to permit the addition of living quarters in connection with a building in a business zone "C" on the east side of Valley Place , 220 feet south from Fifth Avenue and known on the Tax Assessment Map as Block 131, Parcel 23, which addi- tional living quarters will not contain 19,000 cubic feet; will not be set back from the street 30 feet; and will not have a six foot side yard on the south side of the plot. The Clerk stated that the application had been duly published. Mr. S. V. Hinckley, an attorney from New Rochelle , representing Mr. Goode , addressed the Board and submitted blue prints and a plot plan of the property. He also submitted a petition signed by owners of property in the neighborhood of Mr. Goode 's property , which petition was received and filed. After a period of questioning , the Chairman asked if there was any opposition to this application and the following residents said they wished to register their opposition: William DeAlleaume , 22 Valley Place , New Rochelle Mrs. Gertrude DeAlleaume , 20 Valley Place , New Rochelle Mrs. James Cardesis who said that :she represented her mother , Mrs. DeAlleaume , Sr. who lives at 22 Valley Place Joseph DeAlleaume , 20 Valley Place , New Rochelle There was also submitted:- at this time , a petition' signed -- residents. of the neighborhood, who wished to oppose the granting of this variance. The Chairman thanked these people for their interest and informed Mr. Goode that he would be notified of the Board 's decision. -29- The next application before the Board was that of Modern Swim- ming Pool Co. , Inc. for. modification of Article II , Section 3 of the Zoning Ordinance to permit the construction of a building or buildings , and a swimming pool or pools for purposes of demonstration and display only , and the use thereof for the pur- poses of carrying on the business of manufacturing, processing, assembling , storage , and sale of chemicals , equipment , supplies , materials and accessories and for the maintenance and operation of swimming pools , together with the right to install a rail- road siding and loading platform, with truck access , for use in connection with said business in connection with premises ' on the north side of Palmer Avenue between the New Rochelle boundary line and Harrison Drive and known on the Tax Assessment Map as Block 501 , Parcels 1 and 40 , in a residence district. Mr. Alfred Schechter , an attorney from White Plains , represen- ting Modern Swimming Pool Co. , Inc. , addressed the Board and submitted a sketch of the property. After discussion and questioning, the Chairman informed I:4r. Schechter , that he would be notified of the Board 's decision. ******************** The Board then went into executive session and Mr. Delius addressed the members oh the subject of original jurisdiction of the Zoning Board. After further discussion, the matter of the application of Modern Swimming Pool Co. , Inc. was adjourned for one month and Mr. Burc}hell said he would notify Mr. Schechter that before this Board can act upon the application , something more definite in the way of plans and plot plans must be submitted . It was also decided that the variance , if granted , must be confined to what would be permitted in a business zone "C" . The Board then took up the application of Mr. Shirley Goode and after discussion, the following resolution was duly moved and seconded: WHEREAS , Shirley Goode has taken an arpeal from a deci- sion of the Building Inspector , denying his application for a permit to construct an addition of living quarters in connection with a building in Business Zone "C" on the Bast side of Valley Place , 220 feet south from Fifth Avenue and known on the Tax Assessment Map as Block 131, Parcel 23 , the proposed addition to contain less than 19,000 cubic feet; to be set back from the street line less than 30 feet; and to have a side yard on the south side of the property of less than 6 feet; and II -30- WHEREAS , the said appeal is predicated upon grounds of unnecessary hardship and practical difficulty in complying with the strict provisions of the Ordinance , and it appears to the Board , under all circumstances , that it would be unnecessary hardship to ;, require the applicant to comply with the provisions of the Ordin- ance in some respects , NOW, THEREFORE , BE IT RESOLVED that the appeal of the said Shirley Goode be and the same hereby is allowed and the decision of the Building Inspector reversed to the extent of permitting the applicant to construct an addition of living quarters in connection with the said building as herein applied for as shown in plans and speci- fications filed with the Building Inspector , containing less than 19 ,000 cubic feet , to wit , 8,000 cubic feet , and having a lesser set-back from the street line than 30 feet , to wit , 18 feet from the easterly line of Valley place , provided that said addition shall have a 6 foot side yard on the south side of said plot and shall comply in all other respects , tith the Zoning Ordinance and Building Code of the Town of Mamaroneck. A vote taken on this resolution resulted as follows : AYES: Mr. Burchell Mr. Waterman Mr. Mink Mr. Cross Mr. Quinn NOES : None There being no further business to come before the meeting , it adjourned at 9:40 P. ���t . __ S cretary 4 -31-