HomeMy WebLinkAbout1985_07_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE
ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD
JULY 24, 1985, IN THE COURTHOUSE, 1201 PALMER AVENUE,
TOWN OF MAMARONECK, LARCHMONT, NEW YORK
CALL TO ORDER
The meeting was called to order by the Chairman at 8:15 P.M.
ROLL CALL
Present: Mr. Peter D. Mosher, Acting Chairman
Mr. Patrick Kelleher
Mrs. Elaine Price
Mr. J. Rene Simon
Absent: Mr. A. William Boraczek
Also present: Mr. Steven Silverberg, Town Counsel
Mr. William Paonessa, Building Inspector
Dr. Lawrence Lerman, Town Councilman
Mr. Stephen Altieri, Town Administrator
In the absence of the Chairman, Mr. Peter Mosher conducted the meeting.
Mr. Mosher suggested hearing Application No. 2 first as it would take
only a short time.
Mr. Mosher asked the Secretary to read the application.
APPLICATION NO. 2 - CASE 679
(This application was postponed from the meetings of February 28, March 27,
April 24, and June 26, 1985.)
Application of Mr. Charles Hoffman for modification of Article VII Sec-
tion 89-41 "Construction Requirements for "B" Business District" to allow
the construction of an office building and off-street parking facilities,
namely, Section A (3) which permits a maximum building coverage of 25%,
proposed building coverage 58%, Subsection C which permits a maximum
floor area of 50% of lot area, proposed 115%; Subsection D (1) & (2)
which permits a maximum building height of two stories and thirty feet,
proposed three stories and forty feet; Subsection E which requires a
minimum of 195 off-street parking spaces @ 9'x20' , proposed 141 off-
street parking spaces @ 9'x18' on the premises located at 10 Byron
Place and known on the Tax Assessment Map of the Town of Mamaroneck as
Block 132 Parcel 410 on the grounds of practical difficulty and/or un-
necessary hardship.
A Public Stenographer was present, and his minutes will be made a part
of the record.
A motion was made by Mrs. Price and seconded by Mr. Simon, with Mr.
Kelleher abstaining, and on a vote of three to one the Board decided
to accept the Draft Environmental Impact Statement and to set up a Pub-
July 24, 1985
lic Hearing for the next meeting.
The Chairman asked the Secretary to read Application No. 1.
APPLICATION NO. 1 - MR. T. L. THOMPSON - to reopen Case #681
Application of Mr. Michael Dolan for modification of Article VI Section
89-36 Subsection B (3) "Construction Requirements for an R-7.5 One
Family Residence District" which requires a minimum rear yard setback
of 25 feet to allow the construction of a wood deck at the rear of the
dwelling creating a rear yard setback of 1.1 feet on the premises located
at 63 Vine Road and known on the Tax Assessment Map of the Town of Mama-
roneck as Block 110 Parcel 345 on the grounds of practical difficulty
and/or unnecessary hardship.
This hearing will be solely for the purpose of determining whether or
not Case #681 should be reopened.
A Public Stenographer was present for this application, and his minutes
will be made a part of the Record.
The application was in the name of Mr. T. L. Thompson of 59 Vine Road,
who was not able to attend the meeting, and the following residents
appeared in support of reopening the hearing:
Mr. Frederick Cuccia 19 Campbell Lane
Mr. and Mrs. E. Robert Wassman 15 Campbell Lane
Mr. and Mrs. Peter O'Hara 61 Vine Road
Mr. and Mrs. B. Etkin 17 Campbell Lane
Mr. Basil Vasilkioti 290 Rockingstone Avenue
Mr. Frank Dinger 7 Villa Lane
Mr. and Mrs. Thomas Opladen 288 Rockingstone Avenue
Mr. and Mrs. Thomas Guerin 68 Vine Road
Mr. Dolan was represented by Ms. Ruth Roth, an attorney.
On motion made and seconded, the Board, with all members voting in
favor, decided not to reopen Case No. 681. Mrs. Price stated that she
had tremendous regret, but legally they could not reopen the case,
although she felt that, as neighbors, there could be a compromise.
The Chairman asked the Secretary to read the next application.
APPLICATION NO. 3 - CASE 683
(This application was postponed from the meetings of March 27, April 24,
and May 22, 1985.)
Application of Hof-Pof Realty Co. for modification of Article X Sec-
tion 89-56 E "Nonconforming Use of Buildings" and Article XI Section
89-66-A "Off-street Parking Requirements" which requires that a noncon-
forming use that is changed to a conforming use must conform to exist-
ing zoning regulations, to maintain and use converted 2nd floor dwell-
ing unit for professional offices which does not have the required five
July 24, 1985
(5) off-street parking spaces on the premises located at 168-170 Myrtle
Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck
as Block 133 Parcel 657 on the grounds of practical difficulty and/or
unnecessary hardship.
The Public Stenographer was present for this application, and his
minutes will be part of the record.
On motion made by Mr. Kelleher and seconded by Mr. Simon, with all
members voting in favor, the Board decided that there was no significant
environmental impact and no further study was required.
Mrs,Price made a motion, seconded by Mr. Simon, that the application
be granted with the condition that the applicant and its employees use
the parking lot on Maxwell Street, and the following Resolution was
adopted:
WHEREAS, Hof-Pof Realty Co. has submitted an application
to the Building Inspector to maintain and use converted
2nd floor dwelling unit for professional offices which
does not have the required five (5) off-street parking
spaces, 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 X Section 89-56 E "Nonconforming
Use of Buildings" and Article XI Section 89-66-A "Off-
street Parking Requirements" which require that a noncon-
forming use that is changed to a conforming use must
conform to existing zoning regulations on the premises
located at 168-170 Myrtle Boulevard and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 133
Parcel 657; and
WHEREAS Hof-Pof Realty has submitted an application to
this Board for a variance on the grounds of practical
difficulty and/or unnecessary hardship and for the fol-
lowing reasons:
1. The parking requirements cannot be met on the site,
but there is a municipal parking lot directly across
on Myrtle Blvd. , and street parking, with certain
restrictions, is permitted on all of the surround-
ing streets.
2. The combination of excess available street and
metered parking is more than sufficient for the day-
time needs of this proposed use.
3. A parking problem does exist in the immediate loca-
tion of the building, but this is a result of the
overnight requirements of the residential users in
the area.
4. By converting the use of these apartments to pro-
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July 24, 1985
fessional offices, it will alleviate the parking
problem somewhat.
5. The proposed use of professional offices requires
the least amount of parking of all permitted uses
in this zone.
6. If the appeal is denied, then only a nonconforming
(residential) use can ever be permitted for this
building, and if any apartment should become va-
cant for a year, that apartment could never be
used for any use (Section 89-56 D) .
WHEREAS this Board has examined the plans, reviewed the appli-
cation, 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 circumstances and/or condi-
tions applying to the land for which the variance
is sought, which circumstances and/or conditions have
not resulted from any acts of the applicant subse-
quent to the date of the Zoning Regulations appealed
from.
(b) That the said circumstances and/or conditions are
as follows:
1. There will be no significant impact on
traffic, which was pointed out in a report
from the Traffic Committee.
2. That said circumstances or conditions are
such that the particular application of the
Ordinance with respect to Article X Section
89-56-E "Nonconforming Use of Buildings" and
Article XI Section 89-66-A "Off-street Parking
Requirements" 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.
3. That the granting of the variance will be 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
e-
FURTHER RESOLVED that a variance is hereby granted and that
Article X Section 89-56 E "Nonconforming Use of Buildings"
and Article XI Section 89-66-A "Off-street Parking Require-
ments" be varied and modified so as to maintain and use
e/
July 24, 1985
converted 2nd floor dwelling unit for professional offices
O which does not have the required five (5) off-street parking
spaces on the premises located at 168-170 Myrtle Boulevard
and known on the Tax Assessment Map of the Town of Mamaroneck
as Block 133 Parcel 657 in strict conformance with plans filed
with this application subject to the following condition, pro-
vided that the applicant complies in all other respects with
the Zoning Ordinance and Building Code of the Town of Mama-
roneck.
That the applicants and their employees use the
parking lot on Maxwell Street.
FURTHER RESOLVED that in accordance with the Rules and Regu-
lations 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.
Mr. Mosher asked the Secretary to read the next application.
The Public Stenographer was not present to take the record
(:: of the next application.
APPLICATION NO. 4 - CASE 697
Application of Mr. M. Cammer for modification of Article VI
Section 89-35 Subsection B (1) "Construction Requirements for an
R-6 One Family Residence District" which requires a minimum front
yard setback of 30 feet to allow the construction of a wood deck
at the front of the dwelling having a front setback of 27.8'± on
the premises located at 91 West Garden Road and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 218 Parcel 344
on the grounds of practical difficulty and/or unnecessary hard-
ship.
On motion made by Mrs. Price and seconded,with all members voting
in favor, it was decided this was a Type II action and no further
environmental study was required.
Mr. Cammer said he was trying to get a permit to put a deck two
and one-half feet from the ground and only nine and one-half
feet parallel with the street, and only going out six feet from
the house. The applicant said he was trying to make a place so
that his wife could sit out in the front since she has limited
mobility as a result of polio. Mr. Cammer said that the deck
would be small with only room for about three chairs and would
not be used for entertainment or parties. Further, the appli-
cant said there would be evergreen shrubs making it invisible
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July 24, 1985
from the street, and Mrs. Cammer has a wheel chair and two
crutches. Mr. Cammer also said he had spoken to several of
his neighbors, and they had no objection. The Board asked
whether the deck could be put in the rear yard, and the
applicant said it would be hard for Mrs. Cammer to get out.
After further discussion, on motion made by Mr. Simon and
seconded by Mr. Kelleher, with all members voting in favor,
the application was approved, and the following Resolution
adopted:
WHEREAS Mr. M. Cammer has submitted an application
to the Building Inspector to allow the construction
of a wood deck at the front of the dwelling having
a front setback of 27.8'±, 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 89-53 Sub-
section B (1) "Construction Requirements for an R-6
One Family Residence District" which requires a front
yard setback of 30 feet on the premises located at
91 West Garden Road and known on the Tax Assessment Map
of the Town of Mamaroneck as Block 218 Parcel 344; and
WHEREAS Mr. M. Cammer has submitted an application to
this Board for a variance on the ground of practical
difficulty and/or unnecessary hardship for the fol-
lowing reasons:
1. The applicant requests the deck because of
his wife's severe physical handicap.
2. The applicant's wife is confined to a wheelchair
but does walk short distances with two crutches
and has great difficulty with steps.
3. It is increasingly difficult for the applicant's
wife to leave the house since she has been hos-
pitalized twice with mild heart attacks.
4. Because of her limited mobility, she would like
to step out of the front door during the day,
and if the proposed deck is allowed, it will be
possible for her to step out of the door onto a
level platform to the deck.
5. The deck floor will be only two and one-half feet
above the ground and will have a three foot railing
with evergreen shrubs close to the deck, making it
essentially invisible from the street.
6. It will be a tiny deck with no roof or walls, and
there will be room for no more than two or three
people.
n
July 24, 1985
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
application on the following grounds:
(a) That there are special circumstances and/or
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. Because of medical hardship, the proposed
location is the most feasible.
2. The deck will enhance the front of the
house.
3. That said circumstances or conditions are
such that the particular application of
the Ordinance with respect to Article VI
Section 89-35 Subsection B (1) "Construc-
tion Requirements for an R-6 One Family
Residence District" would deprive the ap-
plicant of the reasonable use of the land
and/or building and that the variance as
granted by this Board is a minimum adjust-
ment that will accomplish this purpose.
4. 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.
FURTHER RESOLVED that a variance is hereby granted and that
Article VI Section 89-35 Subsection B (1) "Construction
Requirements for an R-6 One Family Residence District"
be varied and modified so as to allow the construction of
a wood deck at the front of the dwelling on the premises
located at 91 West Garden Road and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block 218 Parcel 344
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
FURTHER RESOLVED, that in accordance with the Rules and Regu-
_- lations of the Zoning Ordinance where a variance is granted,
the applicant shall obtain a building permit within three
July 24, 1985
months of the filing of this Resolution with the Town
C
Clerk. The building permit shall be void if construc-
tion 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. 5 - CASE 698
Application of Mr. and Mrs. Raymond F. Barski for modification of
Article XI Section 89-67 B "Layout and Location of Off-street Park-
ing Facilities" which does not permit off-street parking to be de-
veloped within 25 feet of front property line to construct and
maintain existing off-street parking that has been developed with
a 0 foot setback on the premises located at 813 Fenimore Road and
known on the Tax Assessment Map of the Town of Mamaroneck as
Block 320 Parcel 537 on the grounds of practical difficulty and/or
unnecessary hardship.
On motion made and seconded by Mr. Kelleher, the Board voted that
the application was a Type II Action and no further study will
be required.
Mr. and Mrs. Barski both appeared before the Board and said they
were a working couple with two cars, and the driveway is only wide
j enough for one car. The applicants said they were not permitted
1 C to park on the street, and they would like to be able to park
their two cars side by side instead of having to go back and forth.
Mr. Kelleher said it looked as if the work had already been done,
and Mr. Barski said they had a contractor come who had started the
work, telling them not to worry. After the first section was done,
they had complained, and the contractor said he would come back.
When applicants called the Town Office they were told they were
in violation.
Mr. Kelleher asked if applicants had discussed the application
with any of their neighbors, and Mr. Barski said they had thought
it was rather appropriate.
On motion made and seconded, with all members voting in favor,
the application for the off-street parking space was approved,
and the following Resolution adopted:
WHEREAS Mr. and Mrs. Raymond F. Barski have submitted
an application to the Building Inspector to allow the con-
struction of an off-street parking facility adjacent to f
the northerly side of the driveway having a 0 foot set-
back 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
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July 24, 1985
comply with Article XI Section 89-67 B "Layout and
Location of Off-street Parking Facilities" which does
not permit off-street parking to be developed within
25 feet of front property line on the premises located
at 813 Fenimore Road and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 320 Parcel 537 ;
and
WHEREAS Mr. and Mrs. Raymond F. Barski have submitted
an application to this Board for a variance on the
ground of practical difficulty and/or unnecessary hard-
ship for the following reasons:
1. The applicants, as a working couple with two
cars and conflicting work schedules, find it
extremely difficult with the present one-car
width driveway.
2. The applicants are constantly changing car
positions, which necessitates pulling one car
into busy Fenimore Road traffic to allow the
second car to get out.
3. A double-width driveway would remedy this.
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 application on the following grounds:
(a) That there are special circumstances and/or
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. The applicant was unaware a permit was
needed, and if they had to take out the
work that had been done, it would be a
hardship.
2. The wider driveway will make it easier
for the applicants to park their cars.
3. That said circumstances or conditions are
such th
at the particular application of
Article XI Section 89-67 B "Layout and
Location of Off-street Parking Facilities"
would deprive the applicant of the reason-
July 24, 1985
able use of the land and that the variance as
C
granted by this Board is a minimum adjustment
that will accomplish this purpose.
4. 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 XI Section 89-67 B "Layout and Location of Off-
street Parking Facilities" be varied and modified so as to
construct and maintain existing off-street parking that has
been developed with a 0 foot setback on the premises located
at 813 Fenimore Road and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 320 Parcel 537 in strict con-
formance 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.
FURTHER RESOLVED that in accordance with the Rules and Regu-
lations 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
Cthe 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 next application.
APPLICATION NO. 7 - CASE 700
Application of Mr. and Mrs. Salvatore Ferrotti for modification of
Article VI Section 89-36 Subsection B (2) (a) & (3) "Construction
Requirements for an R-2F Family District" which requires a minimum
side yard of 8 feet and a minimum rear yard setback of 25 feet to
allow an addition at the rear of the dwelling maintaining an exist- e
ing nonconforming side yard of 6.55 feet and creating a rear yard
setback of 23.18 feet on the premises located at 17 Blossom Terrace
and known on the Tax Assessment Map of the Town of Mamaroneck as
Block 403 Parcel 339 on the grounds of practical difficulty and/or
unnecessary hardship.
On motion made and seconded by Mr. Simon, the Board voted that this
was a Type II action and no further study was required.
Mr. Ferrotti presented the Board with a letter from three of his
neighbors who said they had seen the plans and agreed with the
variance for the setbacks. He said their hardship was created by
C having to use the dining room all the time, but if the addition is
allowed, they will be able to sit comfortably at a table in the
/ .
f
July 24, 1985
kitchen. The addition will also provide a screened porch- area.
Mr. Simon asked about the fence and the line of hemlocks, and Mr.
Ferrotti said the fence was more on his property. Mrs. Price
asked if the neighbors to the rear used their backyard.
After further discussion, on motion made by Mr. Kelleher and
seconded by Mr. Simon, with three members voting in favor and
Mrs. Price voting against, the application was approved, and the
following Resolution adopted:
WHEREAS Mr. and Mrs. Salvatore Ferrotti have sub-
mitted an application to the Building Inspector to
allow an addition at the rear of the dwelling, main-
taining an existing nonconforming side yard of 6.55
feet and creating a rear yard setback of 23.18 feet,
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 89-36 Sub-
section B (2) (a) & (3) "Construction Requirements for
an R-2F Family District" which requires a minimum
side yard of 8 feet and a minimum rear yard setback
of 25 feet on the premises located at 17 Blossom Ter-
race and known on the Tax Assessment Map of the Town
of Mamaroneck as Block 403 Parcel 339; and
WHEREAS Mr. and Mrs. Salvatore Ferrotti have submitted
an application to this Board for a variance on the
grounds of practical difficulty and/or unnecessary
hardship for the following reasons:
1. The applicant would like to build the addition,
continuing with the same outside wall.
2. The applicant is requesting the proposed addi-
tion with a minimum of room so that their
family can comfortably sit at a table in the
kitchen and have a screened porch 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
application on the following grounds:
(a) That there are special circumstances and/or
conditions applying to the land and/or
building for which the variance is sought,
which circumstances and/or conditions have
C not resulted from any acts of the applicants
subsequent to the date of the Zoning Regula-
tions appealed from.
July 24, 1985
(b) That the said circumstances and/or conditions
Oare as follows:
1. The proposed addition will provide a
kitchen large enough for the family
to sit at a table, plus a screened
porch area.
2. That said circumstances and/or condi-
tions are such that the particular appli-
cation of the Ordinance with respect to
Article VI Section 89-36 Subsection B(2)
& (3) "Construction Requirements for an
R-2F Family District" which requires a
minimum side yard of 8 feet and a minimum
rear yard setback of 25 feet 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 adjust-
ment that will accomplish this purpose.
3. That the granting of the variance is in har-
mony 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
CFURTHER RESOLVED that a variance is hereby granted and that
Article VI Section 89-36 Subsection B(2) (a) & (3) "Construc-
tion Requirements for an R-2F Family District" be varied
and modified so as to allow an addition at the rear of the
dwelling, maintaining an existing nonconforming side yard
of 6.55 feet and creating a rear yard setback of 23.18
feet on the premises located at 17 Blossom Terrace and
known on the Tax Assessment Map of the Town of Mamaroneck f'
as Block 403 Parcel 339 in strict conformance with plans
filed with this application, provided that the applicants
comply 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 applicants 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 con-
struction 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 next application.
1 ';'--
APPLICATION NO. 8 - CASE 701
July 24, 1985
CApplication of Mr. and Mrs. Peter Michna for modification of Article
VI Section 89-33 B(1) "Construction Requirements for an R-10 One
Family Residence District" which requires a minimum front setback
of 30 feet to allow the construction of a wood deck having a 20 foot
setback from Rockland Avenue on the premises located at 782 Forest
Avenue and known on the Tax Assessment Map of the Town of Mamaro-
neck as Block 223 Parcel 410 on the grounds of practical difficulty
and/or unnecessary hardship.
On motion made by Mrs. Price and seconded by Mr. Simon, the Board
voted that the application was a Type II and no further study was
required.
Mr. Michna appeared before the Board and said that the rear yard of
their property was an odd shape which makes it very difficult to use
it in its present form, and the other corner of the lot overlooks
the driveway and is much closer to the street. The applicant fur-
ther said that there are presently a lot of evergreens that will
screen the deck, and although some trees might have to come down,
he hopes to avoid doing this.
After further discussion, on motion made by Mr. Simon and seconded,
the Board voted to approve the application, with all members voting
in favor, and the following Resolution was adopted:
rip WHEREAS Mr. and Mrs. Peter Michna have submitted an
application to the Building Inspector to allow the
construction of a wood deck having a 20 foot setback
from Rockland Avenue, 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 89-33 B(1)
"Construction Requirements for an R-10 One Family
Residence District"which requires a minimum front set-
back of 30 feet on the premises located at 782 Forest
Avenue and known on the Tax Assessment Map of the Town
of Mamaroneck as Block 223 Parcel 410; and
WHEREAS Mr. and Mrs. Peter Michna have submitted an
application to the Board for a variance on the ground
of practical difficulty and/or unnecessary hardship
for the following reasons:
1. The northwest corner of the house is the only
corner of the house that a deck can logically
be attached.
2. The shape and topography of rear yard restrict
use of yard.
4::
3. Evergreen trees provide permanent screening for
low deck.
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July 24, 1985
4. Location is in keeping with setbacks of original
house.
WHEREAS this Board has examined the plans, reviewed the appli-
cation, and has heard all persons interested in this applica-
tion, after publication of a notice thereof,
NOW, THEREFORE, BE IT RESOLVED that this Board granted the
application on the following grounds:
(a) That there are special circumstances and/or condi-
tions applying to the land and/or building for
which the variance is sought, which circumstances
and/or conditions have not resulted from any acts
of the applicants subsequent to the date of the
Zoning Regulations appealed from.
(b) That said circumstances and/or conditions are as
follows:
1. Because of the shape of the lot and the
topography, there is no other practical
way to add the deck.
2. In order to preserve the trees, the pro-
posed location is the most logical.
3. That said circumstances or conditions are
such that the particular application of the
Ordinance with respect to Article VI Sec-
tion 89-33 B(1) "Construction Requirements
for an R-10 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 mini-
. mal adjustment that will accomplish this
purpose.
4. 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 89-33 B(1) "Construction Requirements for
an R-10 One Family Residence District" be varied and modified
so as to allow the construction of a wood deck having a 20
foot setback from Rockland Avenue on the premises located at
782 Forest Avenue and known on the Tax Assessment Map of the
Town of Mamaroneck as Block 223 Parcel 410 in strict conformance
with plans filed with this application provided that the ap-
plicant complies in all other respects with the Zoning Ordi-
nance and Building Code of the Town of Mamaroneck.
July 24, 1985
FURTHER RESOLVED, that in accordance with the Rules and
Regulations of the Zoning Ordinance where a variance is
granted, the applicants 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 com-
pleted 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. 9 - CASE 702
Application of County Automotive Co. , Inc. , for modification of
Article VII Section 89-41 A(3) "Construction Requirements for a "B"
Business District" which permits a maximum building coverage of 25%
to allow the construction of a one-story addition increasing the
existing coverage of 29.15% to 30.6% on the premises located at 2523
Boston Post Road and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 503 Parcel 123 on the grounds of practical diffi-
culty and/or unnecessary hardship.
Mrs. Price made a motion, seconded by Mr. Simon, that the applica-
tion was an unlisted action and no further study would be necessary,
with all members voting in favor.
Mr. Lester Rubin, an attorney at 500 Fifth Avenue, New York City,
represented the applicant, and Mr. Morris Wade, the owner, and his
son also appeared. Applicants showed pictures of the property and
said they were planning to build a showroom under the present over-
hang. The addition will be used to handle two new car lines. The
applicants maintain that their hardship is financial because the
Volkswagon new car line has been declining in recent years. In
order to keep the dealership, they would like to do what other deal-
ers have done and get a second car dealership. The proposed addition
is 648 square feet and would increase the coverage from 29.5% to
30.6%. They presently have adequate parking with their lot across
the street and have an agreement with Loyal Inn for additional park-
ing. It was pointed out that the car they intend to sell is a mini
subcompact imported from Yugoslavia.
Mr. Mosher asked Mr. Silverberg if the application required a "Special
Permit."
Mr. Jonathan Wade, the manager, reiterated all that Mr. Rubin had
said and repeated that falling sales had created a financial hardship.
After further discussion, on motion made by Mr. Kelleher and seconded
by Mrs. Price, the Board, with all members voting in favor, approved
the application, and the following Resolution was adopted:
WHEREAS County Automotive Co. , Inc. , has submitted an
application to the Building Inspector to allow the construc-
tion of a one-story addition increasing the existing cover-
July 24, 1985
age of 29.15% to 30.6%, 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 VII Section 89-41 A(3) "Construction
Requirements for a "B" Business District" which permits
a maximum building coverage of 25% on the premises lo-
cated at 2523 Boston Post Road and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 503
Parcel 123; and
WHEREAS, County Automotive Co. , Inc. , has submitted
an application to this Board for a variance on the
ground of practical difficulty and/or unnecessary
hardship for the following reasons:
1. Present building built in 1961 for a planned
volume of 750 new cars a year.
2. Reduced Volkswagon sales in recent years have
resulted in severe hardship from reduced income,
fixed costs, and increasing overhead.
3. Very few U.S. or imported car dealers have been
able to profitably remain single franchise dealers
in the 1980s.
4. The applicant, therefore, asks for approval and
badly needs this small amount of additional new
car showroom space to handle two small car lines
competently and conscientiously.
WHEREAS this Board has examined the plans, reviewed the appli-
cation, and has heard all persons interested in this applica-
tion, after publication of a notice thereof,
NOW, THEREFORE, BE IT RESOLVED that this Board granted the
application on the following grounds:
(a) That there are special circumstances and condi-
tions applying to the land and/or building for
which the variance is sought, which circumstan-
ces 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. If the application is denied, it will
cause the applicant great financial
loss.
2. That said circumstances or conditions are
such that the particular application of July 24, 1985
Othe Ordinance with respect to Article VII
Section 89-41 A(3) "Construction Require-
ments for a "B" Business District" would
deprive the applicant of the reasonable
use of the land and/or building and that
the variance as granted by the Board is a
minimum adjustment that will accomplish
this purpose.
3. 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 VII Section 89-41 A(3) "Construction Requirements for
a "B" Business District" be varied and modified so as to
allow the construction of a one-story addition, increasing
the existing coverage of 29.15% to 30.6% on the premises
located at 2523 Boston Post Road and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block 503 Parcel 123
in conformance with plans filed with this application, pro-
vided that the applicant complies in all respects with the
Zoning Ordinance and Building Code of the Town of Mamaro-
neck.
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
1 Clerk as provided in Section 267 of the Town Law.
ADJOURNMENT
i
There being no further business to come before this meeting, it was
adjourned at 10:30 P.M.
•
,(r--4-v-i---A--
Rita A Johnson
Secret ry
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