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HomeMy WebLinkAbout1948_11_24 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 NOVEMBER 24th, 1948. Mr. Brewer called the meeting to order at 8:10 P. M. There were PRESENT: Munn Brewer, Chairman Charles F. Mink Clifford W. Cross George D. Burchell ABSENT: Cornelius J. Quinn Presence was also noted of A. J. Foote, Building Inspector. The minutes of the previous meeting, held November 3rd, 1948, were approved as presented. The first application before the Board was that of C. W. MacArthur for modification of Article III, Section 9 of the Zoning Ordinance to permit a four-foot addition to an attached garage, bringing said garage within 30 feet of the front street line, in connection with premises at No. 13 Copley Road, known as Block 409, Parcel 801 on the Tax Assessment Map of the Town of Mamaro neck. Mr. MacArthur appeared before the Board in support of his application and submitted a sketch of the proposed alter- ation. Mr. Arden B. Crawford, 18 Copley Road, stated that he wished to register his support of the application. No one appeared in opposition. The Clerk stated that notice of the application had been duly published. After discussion, the Board informed Mr. MacArthur that he would be informed of its decision. The next application before the Board was that of Frank Guadagnolo, for modification of Article II, Section 4, Paragraph 8, of the Zoning Ordinance, to permit the use of a building in a Business District Class "C11, as a public auto- mobile garage or gasoline service station, in connection with premises on the east side of Myrtle Boulevard, known as No. 1950 Myrtle Boulevard and also known as Block 133, Parcel 885 on the Tax Assessment Map of the Town of Mamaroneck. Mr. Mink said he wished to be excused from acting on this application, as he had drawn the plans as architect for Mr. Guadagnolo. Mr. Guadagnolo appeared in behalf of the application and submitted blue prints of the proposed building. No one appeared in opposition. -8- The Clerk stated that notice of the application had been duly published. After discussion, the Board informed Mr. Guadagnolo that he would be notified of its decision. -** * The MacArthur application was now considered by the Board in executive session. After discussion by the Board, the following resolution was moved by Mr. Mink, seconded by Mr. Burchell: WHEREAS, C. W. MacArthur has taken an appeal from the decision of the Building Inspector,deny- ing his application for a permit to construct an extension to a garage upon premises owned by him at No. 13 Copley Road., known as Block 409, Parcel 801 on the Tax Assessment Map of the Town of Mamaroneck, upon the ground that the same would encroach within the 30-foot set-back from the street line as required by the Zoning Ordinance; and WHEREAS, said appeal is predicated upon the grounds of unnecessary hardship and practical difficul- ties in complying with the strict provisions of the Ordin- ance, 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 provisions of the Ordinance in this respect, because of changed circumstances, the existence of ledge rock in the rear, and other factors, and that the granting of the appeal under the conditions hereinafter im- posed, will permit substantial justice and be in keeping with the Ordinance, NOW, THEREFORE, BE IT RESOLVED that the appeal of the said C. W. MacArthur 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 extension upon the attached garage now existing upon said premises, provided that no part of the same extends nearer to the street line of f Copley Road than 27 feet 3 inches, and further provided that prior to the doing of any work or granting of any permit,' appro- priate plans and specifications showing the structural design and appearance of the pro- posed extension, shall be submitted to and approved by this Board. A vote taken upon this resolution resulted as follows: AYES: Mr. Brewer Mr. Mink Mr. Cross Mr. Burchell NOES: None -9- The Board next considered the application of Frank Guadagnolo and after discussion, the following resolution was duly moved and seconded: WHEREAS, Frank Guadagnolo has appealed from a decision of the Building Inspectof denying his application for a permit for the erection and use of a building upon premises known as 1950 Myrtle Boulevard and as Block 133, Parcel 885 on the Tax Assessment Map of the Town of Mamaro- neck, which application was denied upon the ground that the same was in violation of Article II, Section 4, Paragraph 8 of the Zoning Ordinance; and WHEREAS, the Board of Appeals is of the opinion that the use applied for, as an extension of an existing use on adjoining property, will not alter or detract from the character of the neighborhood and is in keeping with the neighborhood and in accordance with the spirit of the Ordinance, NOW, THEREFORE, BE IT RESOLVED that the said appeal be and the same hereby is allowed and the decision of the Building Inspector reversed and said Building Inspector be and he hereby is instructed to grant a permit for the construction of the building and for the use thereof, in accordance with the applica- tion made to him and with the plans filed with him therefor. A vote taken upon this resolution, resulted as follows: AYES: Mr. Brewer Mr. Cross Mr. B-_lrchell NOES: None Mr.. Mink not voting. A letter from Town Clerk Charles J. Gronberg, enclosing a petition from residents of Valley Place, requesting that Valley 4 Place be re-zoned from Class ncn to a residential district, was presented to the Board by Mr. Brewer. After consideration, an answer was drafted for the Chaimman to forward to Mr. Gronberg. There being no further business to come before the meeting, it adjourned at 9:30 P. M. Secretary -10-