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HomeMy WebLinkAbout1980_04_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD APRIL 23, 1980, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the acting Chairman, Mr. Boraczek at 8:15 P.M. ROLL CALL Present: Mr. Andrew W. Boraczek, Acting Chairman Mr. Egbert R. Hardesty Mr. Laurence G. Bodkin, Jr. Mr. Peter G. Moore Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of March 26, 1980 were presented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. Mr. Boraczek asked the applicants if they had ary objec- tion to Application No. 4 being heard first. Mr. Forbes, the Attorney, representing Mr. Frank Webers had to attend another meeting and he requested if possible the Board hear their application first. The applicants agreed to let Mr. Forbes be heard first. The Chairman asked the Secretary to read the application. APPLICATION NO. 4 - CASE 527 Application of Mr. Frank Webers, Owner of Collins Bros. , Contract Vendee, for modification of Article V Section 89-28 Permitted Uses in a Business District which does not permit storage business in a "B" Business District, Article VII Section 89-41 "Construction Requirements for a "B" Business District" Subsection A (3) maximum build- ing coverage allowed 25% from residential zone with 10 ft. wide evergreen landscaped screen to allow the construc- tion of an office and storage warehouse building having a building coverage of 41 .16% and a rear setback of 4 ft. with no buffer landscaped screen on the premises lo- cated at Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 33 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Forbes stated that they are requesting a "Use" vari- ance to permit a warehouse storage business which is not (Gt) allowed in a business district and they have no intention of building in the residential portion of the property. Mr. Forbes said that they were requesting an area vari- ance but if the property in question was zoned for light industry the building coverage would comply. Mr. Forbes, also, said that because of the topography of the lot it is physically impossible to comply with the rear yard requirements and that the property has been vacant since 1910. In addition , Mr. Forbes said that for the last eight years the owners, Mr. and Mrs. Gaetano Guglielmo have been try- ing to dispose of the property and the proposed use will not adversely affect the neighborhood. Mr. Forbes pointed out that Fifth Avenue on which the property is located is already developed with different business uses and presented the members of the Board with an Appraisal that had been made by Peter C. Doern , Jr. , Inc. The Board questioned as to the type of storage and the parking of the trucks . Mr. Webers, owner of Collins Bros. stated that they intended to use the building to store household goods which are stored in containers and stacked three high . Mr. Webers said it would not be the type of business that people would be coming and going all the time and there would be the possibility of only one employee being there during the week. Mr. Webers further said that when the drivers come to work in the morning they would probably put their cars in the space where the trucks had been parked and over the weekends possibly six trucks may be parked at a time. Mr. Dahl , Mr. Webers ' Engineer said that the proposed plan showed parking space provided for twelve automobiles and two trucks in the loading space. The applicants pointed out that the business would be closed for the weekends and that the entire parking area would be enclosed with a 6 ft. high chain link fence. Mr. Paonessa pointed out that the type of building that was proposed was not permitted according to the Building Code and if the Zoning Board approved the application it would be necessary for the applicants to apply to the Town Board for a variance from the Building Code. Mr. Paonessa said that the Town Engineer had reviewed the plan for parking. Mr. Paonessa questioned as to the size of the vans that would be parked and Mr. Webers said that the trailers could be kept in another lot. Mr. Center of 97 Madison Avenue said he objected to the application but it was pointed out that from where he lives he will not be able to see the proposed building. Mr. Moore questioned as to whether they intended to put any equipment on the roof and the applicants said it would l � r be just a flat roof. Mr. Bodkin questioned as to the lights that were shown on the plan and the applicants said they would be directed to the parking area and shielded away from the residential section. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. Frank Webers , Owner of Collins Bros . , contract vendee has submitted an appli- cation to the Building Inspector to allow the construction of an office and storage warehouse building in a "B" Business District having a building coverage of 41 .16% and a rear setback of 4 ft. with no buffer landscaped screen to- gether with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article V Section 89-28 Permitted Uses in a Business District, Article VII Section 89-41 "Construc- tion Requirements for a "B" Business District Subsection A (3) maximum building coverage al- lowed 25%, Subsection B (3) rear yard setback 25 ft. from residential zone with 10 ft. wide evergreen landscaped screen on the premises located at Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 33; and WHEREAS, Mr. Frank Webers, Owner of Collins Bros. , contract vendee has submitted an appli- cation to this Board for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1 . Inability to sell property for use permitted by Zoning Ordinance. 2. Uniqueness of property and granting of variance will not_ adversely affect character of the neighborhood. WHEREAS, this Board has examined the plans , reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion on the following grounds : (a) That there are special circumstances and conditions applying to the land for which a variance is sought, which circumstances and/or conditions have not resulted from any acts of the ap- plicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows : 1 . The property in question has been vacant since 1910. 2. The proposed use will not adversely affect the neighborhood. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article V Section 89-28 Permitted Uses in a Business District, Article VII Section 89-41 "Construc- tion Requirements for a "B" Business District" , Subsec- tion A (3) maximum building coverage allowed 25%, Sub- section B (3) rear yard set- back from residential zone with 10 ft. wide evergreen landscaped screen would de- prive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board is a minimal ad- justment that will accomplish this purpose. 4. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article V Section 89-28 Per- mitted Uses in a Business District, Article VII Section 89-41 "Construction Requirements for a "B" Business District Subsection A (3) maximum building coverage allowed, Subsection B (3) rear yard setback be varied and modified so as to allow the construction of an office and storage warehouse building having a build- ing coverage of 41 .16% and a rear setback of 4 ft. with no buffer landscaped screen on the premises located at Fifth Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 132 Parcel 33 in strict con- formance with plans filed with the application provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck . FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed within two years of the date of said permit. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman asked the Secretary to read the first ap- plication. APPLICATION NO. 1 - CASE 524 Application of Mr. and Mrs. James J. Hughes for modifi- cation of Article XI Section 89-67 Subsection B Layout and Location of Off-street Parking Facilities which re- quires that in any residence district no unenclosed off- street parking facility shall be developed within 25 ft. of front property line to allow the installation of an off-street parking area within 7 ft. from front property line on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 125 on the grounds of practical difficulty and/or unnecessary hardship . Mr. Hughes presented his application to the Board and said that they wanted to convert the existing garage into living space. The applicant said they wanted to use the room for a family room and the proposed plan was the most practical approach for expanding the house . Mr. Hughes stated that they wanted to widen the exist- ing driveway to provide a parking space for their two cars side by side. The Chairman asked Mr. Hughes how long he had lived in the house and how many bedrooms they had. Mr. Hughes 11 said that they had been living there for 31/2 years and had three bedrooms and three children . It was pointed out that most of the houses in that area were built under the old zoning and did not conform as to front yard set- backs . With his application Mr. Hughes had submitted a petition signed by 8 of his neighbors on Hillcrest Avenue support- ing his request and which was read aloud by Mr. Boraczek. Mr. and Mrs. Thomas J. Keller of 60 Hillcrest Avenue appeared before the Board and presented a petition op- posing the application . Mr. Boraczek read the petition aloud. Mr. Keller stated that he had lived in the Town for over 35 years and his wife for over 21 years . The Kellers said they were opposed to any zoning changes particularly in the front and sides of existing residences . The Kellers stated they objected to any additional black- top and the loss of open area and green space . They, also , wondered since the garage was being converted to living space if any provisions had been made for the items that are normally stored in a garage such as gar- den tools, etc. Mrs. Hughes said that the garden tools will be kept in the basement. Mr. Boraczek asked the applicants if before the Board voted on the application if they would be willing to amend their plan to show the proposed driveway pavement to maintain its existing width of 12 ft. at a point 7 ft. back from the front property line and increasing to a width of 15 ft. at a point 9 ft. back from the front property line in accordance with an amended plan . The Chairman explained that if their application was turned down they could not reapply for six months unless they returned with a new application that was drastically changed. Mr. Boraczek, also, pointed out that if the application was denied the Hughes would not be able to obtain a permit to enclose the garage. The Hughes agreed to amend the application and after further discussion the Board voted on the amended application. The result was as follows : Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mr. and Mrs. James J . Hughes have sub- mitted an application to the Building Inspector to allow the installation of an off-street park- ing area within 7 ft. from the front property line together with plans ; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordi- nance of the Town of Mamaroneck with particular reference to Article XI Section 89-67 Subsection B Layout and Location of Off-street Parking Faci- lities which requires that in any residence dis- trict no unenclosed off-street parking shall be developed within 25 ft. of front property line on the premises located at 55 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 125; and WHEREAS, Mr. and Mrs . James J . Hughes have sub- mitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons : 1 . The applicant is requesting a variance for off-street parking in order to convert existing attached garage into living space. 2. The proposed 7 ft. setback will widen the existing driveway from the present 12 ft. to 15 ft. to pro- vide a parking space for two cars parked side by side. WHEREAS, this Board has examined the plans , reviewed the application and has heard all persons interested in this application after publication of a notice thereof, WHEREAS, this Board has requested the appli- cant to amend the plan to show the proposed off-street parking to maintain its existing width of 12 ft. at a point 7 ft. from the front property line and increasing to a width of 15 ft. at a point 9 ft. back from front pro- perty line in accordance with an amended plan; NOW, THEREFORE, BE IT RESOLVED, that this Board granted the appli- cation on the following grounds: (a) That there are special circum- stances and conditions applying to the land and/or building for which a variance is sought, which circum- stances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and conditions are as follows : 1 . That the proposed off- street parking facility will create a side by side parking area for the appli- cants two cars . (c) That the granting of the vari- ance will be in harmony with the gen- eral purposes and intent of this Ordi- nance and will not be injurious to the neighborhood or otherwise detri- mental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article XI Section 89-67 Sub- section B Layout and Location of Off-street Parking Facilities be varied and modified so as to allow the installation of an unenclosed parking area within 9 ft. of the front property line on the premises located at 55 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 125 in strict conformance with plans filed with this application and amended provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed within two years of the date of sai d permit. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 2 - CASE 525 Application of Mr. and Mrs . Richard Rawlings for modifi- cation of Article VI Section 89-34 Subsection B (2) "Con- struction Requirements for an R-7.5 One Family Residence District" which requires a minimum side yard of 10 ft. to allow the construction of a wood deck at the rear of the dwelling creating a side yard of 5 ft. on the premises located at 282 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 107 on the grounds of practical difficulty and/or unnecessary hardship. Mr. John Miranda of 44 Lynton Place, White Plains , New York, the Contractor, represented the applicants, Mr. and Mrs. Richard Rawlings . Mr. Miranda said that there was a patio there now which is in need of repair and the applicants want to replace it with a deck above the ground. The applicant maintain that with the proposed plan the existing window openings can be used for access and it would be a hardship to reconstruct the interior of the house to allow access if it was necessary to maintain the required 10 ft. setback. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Boraczek - Nay Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs . Richard Rawlings have sub- mitted an application to the Building Inspector to allow the construction of a wood deck at the rear of the dwelling creating a side yard of 5 ft. together with plans ; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article VI Sec- tion 89-34 Subsection B "Construction Require- ments for an R-7.5 One Family Residence District" which requires a minimum side yard of 10 ft. on the premises located at 282 Rockingstone Ave- nue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 107; and WHEREAS, Mr. and Mrs. Richard Rawlings have sub- mitted an application to this Board for a vari- ance on the ground of practical difficulty and/ or unnecessary hardship for the following reasons: 1 . To allow the construction of an above ground wood deck so that the existing window openings can be used to allow access to the proposed deck. 2. It would be a personal hardship to reconstruct the interiors of the house to allow access to the deck in accordance with the required 10 ft. side setback. WHEREAS, this Board has examined the plans , • (, 0 reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion on the following grounds : (a) That there are special circumstances and conditions applying to the land and/or building for which a variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows: 1 . That the proposed deck would maintain the side yard setback of the exist- ing dwelling. 2. Due to the location of the existing windows the proposed plan is the most desirable. 3. That said circumstances or conditions are such that the particular appli- cation of the Ordinance with respect to Article VI Section 89-34 Subsec- tion B (2) "Construction Requirements for an R-7.5 One Family Residence Dis- trict" would deprive the applicant of the reason- able use of the land and/ or building and that the variance as granted by this Board is a minimal adjustment that will accom- plish this purpose. 4. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 Sub- section B (2) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to allow the construction of a wood deck at the rear of the dwelling creat- ing a side yard of 5 ft. on the premises located at 282 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 107 in strict conformance with plans filed with this application provided that the applicant complies in all other res- pects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed within two years of the date of said permit. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 3 - CASE 526 Application of Mr. and Mrs . John Malloy for modification of Article VI Section 89-35 Subsection B (3) "Construc- tion Requirements for an R-6 One Family Residence District" which requires a minimum rear yard of 25 ft. to allow the construction of a one story addition at the rear of the dwelling creating a rear yard of 23 ft. more or less on the premises located at 59 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 135 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. Malloy said they wanted to remodel the existing kit- chen and in order to safely and efficiently accommodate modern appliances it was necessary to enlarge the kitchen. The applicant said the enlargement will also provide an adequate work/storage area and a small eating area. Mr. Malloy pointed out that the proposed addition was only going out 5 ft. beyond the existing building. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs . John Malloy have submitted an application to the Building Inspector to allow the construction of a one story addition at the rear of the dwelling creating a rear yard of 23 ft. more or less together with plans ; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article VI Section 89-35 Subsection B (3) "Construction Requirements for an R-6 One Family Residence District" which requires a minimum rear yard of 25 ft. on the premises located at 59 Hill- crest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Par- cel 135; and WHEREAS, Mr. and Mrs . John Malloy have submitted an application to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . The expansion of the existing kitchen is needed in order that it will be able to safely and efficiently accommodate modern appliances . 2. The expansion will also provide adequate work/storage area and a small eating area. WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the appli- cation on the following grounds: (a) That there are special circum- stances and conditions applying to the land for which a variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows: 1 . That there is no other , �X 1( location in which additional kitchen space can be pro- vided in the dwelling. 2. That the proposed addi- tion will create a larger kitchen area in order to accommodate modern appli- ances safely and efficiently. 3. The addition will also provide an adequate work/ storage area and a small dining area . 4. That said circumstances or conditions are such that the particular appli- cation of the Ordinance with respect to Article VI Section 89-35 Subsec- tion B (3) "Construction Requirements for an R-6 One Family Residence Dis- trict" would deprive the applicant of the reason- able use of the land and/ or building and that the variance as granted by this Board is a minimal adjustment that will ac- complish this purpose . 5. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 Subsection B (3) "Construction Requirements for an R-6 One Family Residence District" be varied and modi- fied so as to allow the construction of a one story addition at the rear of the dwelling hav- ing a minimum rear yard of 23 ft. on the premises located at 59 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 135 in strict conformance with plans filed with this application provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. I .°"\ FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed within two years of the date of said permit. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:45 P .M. Rita A. Johnso Secretary ::21/ —))