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.
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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.
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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.
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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.
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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
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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.
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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.
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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:
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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
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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
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