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HomeMy WebLinkAbout1987_02_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE Z ONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD ON FEBRUARY 26, 1987 IN THE SENIOR CENTER 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK CALL TO ORDER The meeting was called to order by Acting Chairman Simon at 8:20 P.M. ROLL CALL Present: J. Rene Simon, Acting Chairman Patrick Kelleher Arthur Wexler Thomas Gunther Also Present: Lee A. Hoffman, Jr., Town Counsel William Jakubowski, Building Inspector Jean A. Marra, Recording Secretary Elaine Price was not in attendance at this meeting. APPROVAL OF THE MINUTES The Minutes of the November 25, 1986 and January 28, 1987 meetings were presented and on motion by Mr. Gunther, seconded by Mr. Wexler, were unanimously approved. SCHEDULING Acting Chairman Simon stated that the next regularly scheduled meeting of the Zoning Board of Appeals would be held on March 25, 1987, upstairs in the Court Room. February 26, 1987 At this time, Mr. William E. Jackubowski, the new Building Inspector, was introduced to the Board members, Attorney Hoffman, and to the applicants in the audience. A very cordial and warm welcome was extended to "Jake" by Acting Chairman Simon and the members of the Board. APPLICATION NO. 1 - CASE 759 - COUGHLIN REALTY This application was not heard this evening. APPLICATION NO. 2 - CASE 763 - Rocconi The Recording Secretary read the application as follows: Application of Mr. & Mrs. Mark Rocconi for variances from the requirements of Section 280-a of the Town Law requiring frontage on a public street or other suitable access, modification of Article III Section 89-14 "Required Street Frontage" by reduction of the minimum lot frontage from 85 feet to proposed 69.8 feet, and modification of the minimum lot area requirement for the R-10 One Family Residence District from 10,000 square feet to the proposed 9,082 square feet, all for the purpose of re-subdividing the property located at 1 Gaillard Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Parcel 252 and part of Parcel 231 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Rocconi refreshed the Board's recollection as to what had transpired at the last Zoning Board meeting as well as to what occurred at the Planning Board meeting of February llth. Attorney Hoffman added that one of the conditions imposed by the Planning Board was a restrictive clause that the parcel that lies partially in New Rochelle be considered as one parcel and could not be further subdivided without the approval of both Mamaroneck and New Rochelle. - 2 - February 26, 1987 In answer to a question raised by Mr. Wexler, Attorney Hoffman said that none of the land in question was part of the existing dwelling. At this time, Mr. Simon referred to an unsigned memo that was received by the Zoning Board and requested that the Recording Secretary read the memo into the record which she did as follows: "Town of Mamaroneck Planning Board - Nov. 8, 1978: "The Board discussed the application of Mrs. Doherty, who was represented by Mr. Dennis Dillingham, for the subdivision of the lot into two parcels. A question was raised as to the status of the road and the location of the utilities and services. After further discussion, the Board advised the applicant to check further to see if they could find out who owns the road, and Mr. Elfreich (Town Engineer) said he would check the Town records to see if he could find any information." I IL "Town of Mamaroneck Planning Board - May 9, 1979: .. ..Mr. Dillingham stated that they discovered that sometime in the 1930's the road had been offered to the Town but the Town never accepted it. Mr. Elfreich advised that the subdivision showed two lots in accordance with the regulations, but that the applicants would have to improve the street. He said they could construct a small cul-de-sac and some paving and curbing would have to be done. The Board discussed the location of the utilities and decided they would have to check with the Town Attorney to determine the legality of the unimproved road." Another condition imposed by the Planning Board was an irrevocable deed by Mr. Rocconi of his rights, title and interest in the bed of road to the Town, Attorney Hoffman related, adding that an easement would also have to be given to the Town, providing access for necessary repairs and maintenance. - 3 - February 26, 1987 Mr. Doherty appeared and said he was not opposed to the application but that a road should be put in. He then questioned the dedication of the street to which Attorney Hoffman replied that the question before the Board was Section 280a of the Town Law because the lots do not front on an improved street. "Will the road ever be fixed or will it remain a dirt road?" was the question raised by Mr. Doherty to which Mr. Hoffman explained that would be the Town's decision and added that that there is some additional vacant land on Gaillard Place and he felt as though if that were ever developed, then perhaps Gaillard Place would have to be improved. Mr. Doherty said that since no taxes were paid on the road, that it must be owned by the Town to which Attorney Hoffman said the Town did not have ownership because the road was never formally accepted by them. In 1978 when the initial subdivision went before the Planning Board, the former Town Attorney said the Town was not authorized to approve a subdivision on a private road, Mr. Doherty related, and Attorney Hoffman said, with all due respect, his opinion differed from the former Town Attorney's. In anwer to a question raised by Mr. Wexler, Attorney Hoffman said that Mr. Rocconi had certain ownership rights with respect to the bed of the road: he could pave it, put up brick walls, etc., but subject to the right of the Town coming in and tearing it down to put a new road in. Mr. Wexler then inquired about the existing manholes and sewer connections to which Attorney Hoffman stated that the sewers were constructed under the contract for the Dillon Road sewer and that Mr. Rocconi should be required to give the Town an easement for that also. The other technical aspect of this application was the area requirement, Mr. Hoffman stated, but the problem is solved because Mr. Rocconi agreed to execute a restrictive covenant which basically says that the two lots are now one lot. - 4 - February 26, 1987 Thereafter, on motion by Mr. Wexler, seconded by Mr. Simon, with Mr. Kelleher abstaining, the Board adopted the following resolution: WHEREAS, Mr. Mark Rocconi, residing at 3 Gaillard Place, Larchmont, submitted an application to the Building Inspector, together with plans, for the purpose of re-subdividing the property located at 1 Gaillard Place; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particu- lar reference to Article III Section 89-14, "Required Street Frontage" which requires frontage on a public street or other suitable access in accordance with Section 280a of the Town Law on the premises located at 1 Gaillard Place, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Parcel 252 and part of 231; and WHEREAS, Mr. Rocconi submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. That suitable access to the premises exists through the use of Gaillard Place which is an unimproved paper street. 2. Ingress and egress, even without the required street frontage, poses no access problem for fire and police emergency vehicles or for snow removal purposes. 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 hereby grants the application on the following grounds: (a) That there are special circumstances and conditions applying to the land for which the 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. - 5 - February 26, 1987 (b) That the said circumstances and/or conditions are as follows: 1. That said circumstances or conditions have not resulted from any act of the applicant subsequent to the date of the adoption of the regulations and are such that the particular application of the Zoning Ordinance, with respect to Article III Section 89-14 "Required Street Frontage" which requires a frontage on a public street or other suitable access in accordance with Section 280a of the Town Law, would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board is a minimum adjustment that will accomplish this purpose. 2. That the use of Gaillard Place, a private access road, as a means of ingress and egress has adequately served the residents of Gaillard Place for many years. 3. There exists no danger to the residents by reason of the use of said road by police and emergency fire vehicles. 4. That the proposed subdivision would not interrupt or interfere with any of the neighbor's homes or the furnishing of necessary services to such homes. 5. That the granting of the variance is in harmony with the general purposes and intent of this 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 III Section 89-14 "Required Street Frontage" in accordance with Section 280a of the Town Law be varied and modified so as to permit the subdivision of of the property located at 1 Gaillard Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Parcel 252 and part of Parcel 231 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; and it is - 6 - February 26, 1987 FURTHER RESOLVED, that Mr. Rocconi deliver to the Town an executed covenant and restrictions stating that the portion of the applicant's property currently in the City of New Rochelle be merged with the portion in the Town of Mamaroneck and shall forever be considered as one building lot. These restrictions and covenants shall be executed by the applicant, the Town of Mamaroneck and the City of New Rochelle, and in a form acceptable to • Counsel to the Town; and be it • FURTHER RESOLVED, that the applicant submit to the Town an irrevocable offer of dedication of any right, title and interest of the applicant and the proposed new lot (consisting of one building lot pursuant to Town of Mamaroneck standards and zoning) in the road bed of Gaillard Place; and be it FURTHER RESOLVED, that the applicant submit an easement to the Town for access, maintenance, and repair of the public utilities, sewers and/or drainage systems for that portion of the bed of Gaillard Place to which the applicant has title. Such easements shall be in a form approved by 4 Counsel to the Town; and be it 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 six months of the filing of this Resolution with the Town Clerk. The building permit shall be void if the subdivision process is not started within one year and completed within two years of the date of said permit; and be it FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. - 7 - February 26, 1987 APPLICATION NO. 3 - CASE 768 - Tochterman The Recording Secretary read the application as follows: Application of Mr. R. Tochterman for modification of Article VI Section 89-34 Subsection B (2) (a) and (6) and B (3) "Construction Requirements for R-7.5 One Family Residence District" which requires a minimum side yard setback of 10 feet and a total of both side yards of 20 feet, and a minimum rear yard of 25 feet, to allow the construction of a Two-Story Addition at the northeast corner of dwelling having a minimum side yard of 5.1 feet and a total of both side yards of 14.3 feet, and a rear yard setback of 17 feet, on the premises located at 10 Wildwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 183 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Tochterman explained that in the application he submitted two months ago, the plans called for a much larger two-story addition. He continued that the Board had requested he resubmit the plans on a smaller scale which is what he has done but that the width of the driveway could not be reduced. In answer to Mr. Wexler's question, Mr. Tochterman said the side lot line was the same as the garage. Acting Chairman Simon mentioned that at the last hearing some of Mr. Tochterman's neighbors had appeared in favor of the application and that no one appeared in opposition. The applicant has made a sincere effort to address the former objections the Board had on this proposal, Mr. Kelleher mentioned. At this time, Mr. Wexler moved that this be considered a Type II Action having no significant impact on the environment, as determined by New York State Department of Environmental Conservation or corresponding local law, therefore requiring no further action under SEQR. Mr. Simon seconded the motion and it was unanimously adopted by the Board. - 8 - February 26, 1987 Thereafter, on motion by Mr. Gunther, seconded by Mr. Kelleher, the following resolution was unanimously adopted: WHEREAS, Mr. R. Tochterman, of 10 Wildwood Road, Larchmont, submitted an application to the Building Inspector, together with plans, to allow the construction of a Tao-Story Addition at the northeast corner of dwelling having a minimum side yard setback of 5.1 feet, and a rear yard setback of 17 feet; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particu- lar reference to Article VI Section 89-34, Subsection B (2) (a) & (6) and B (3) "Construction Requirements for R-7.5 One Family Residence District" which requires a minimum side yard setback of 10 feet on the premises located at 10 Wildwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 183; and WHEREAS, Mr. Tochterman has submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. Mr. Tochterman's mother is 72 years old and in declining health and it is necessary for her to live with the applicant and his family. 2. At present, there are only 3 bedrooms and the applicant has two children. 3. An additional bedroom area is needed for the applicant's mother. 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 hereby grants the application on the following grounds: - 9 - February 26, 1987 (a) That there are special circumstances and conditions applying to the land for which the 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 said circumstances or conditions are such that the particular application of the Zoning Ordinance with respect to Article VI Section 89-34 Subsection B (2) (a) & (6) and B (3) "Construction Requirements for an R-7.5 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board is a • minimum adjustment that will accomplish this purpose. S 2. That the granting of the variance is in harmony with the general purposes and intent of this 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 (2) (a) & (6) and B (3) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to allow the construction of a two-story addition to the northeast corner of dwelling which have a side yard setback of 5.1 feet instead of the required minimum side yard setback of 10 feet and a rear yard setback of 17 feet, on the premises located at 10 Wildwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 183 in strict conformance with plans filed with this application, provided that the applicant complies in all other respects with the III Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is - 10 - February 26, 1987 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 six months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within one year 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 the Board, on motion by Mr. Kelleher, seconded by Mr. Simon, the meeting was adjourned at 9:00 P.M. Az,-Y\-///f/d/A//x-C Jean A. Marra Recording Secretary - 11 -