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HomeMy WebLinkAbout1985_03_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MARCH 27, 1985, IN THE AUDITORIUM OF THE FIREHOUSE, WEAVER STREET AND EDGEWOOD 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. A. William Boraczek, Chairman Mr. Peter D. Mosher Mr. J. Rene Simon Mrs. Anne McAndrews Absent: Mr. Patrick Kelleher Also present: Mr. William Paonessa, Building Inspector Mr. Steven Silverberg, Town Counsel Dr. Lawrence Lerman, Town Councilman Mr. Stephen Altieri, Town Administrator APPROVAL OF MINUTES The minutes of the meeting of February 28, 1985 were pre- sented and on motion made and seconded approved as submitted. The Chairman asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 657 (This application was postponed from the meetings of November 28, 1984 and February 28, 1985) Application of Mrs. Ann McAtee for modification of Article XI Section 89-67 B "Layout and location of off-street park- ing facilities" which requires a minimum front setback of 25 ft. to maintain an existing off-street parking and turn- around space having a front setback of 3'± on the premises located at 423 Weaver Street and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 107 Parcel 734 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. McAtee appeared before the Board with her son and Mr. Widulski, her Engineer who had prepared the plan. The Board had an amended plan before it and Mr. Widulski said that the applicant would have to relocate the stairs so that she would be able to safely manuever her car out of the driveway. Mr. Paonessa stated that there was no overnight parking in the area and that some of the blacktop would have to be removed. Mrs. McAtee said she would have put in shrub- bery but it was too late in the year and after the work is completed it will be screened. Mr. Boraczek said that if the application was approved he wanted to add the condition that there would be no overnight parking. After further discussion on motion made by Mr. Simon and seconded with all the members voting in favor the applica- tion was approved and the following Resolution adopted with the condition there be no overnight parking: WHEREAS, Mrs. Ann McAtee has submitted an ap- plication to the Building Inspector to maintain an existing off-street parking and turnaround space having a front setback of 3'±, 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 Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article XI Section 89-67 B "Layout and location of off-street parking facilities" which requires a minimum front set- back of 25 ft. on the premises located at 423 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Par- cel 734; and WHEREAS, Mrs. Ann McAtee has submitted an ap- plication for a variance to this Board on the ground of practical difficulty and/or unneces- sary hardship for the following reasons: 1. Existing driveway required backing out onto Weaver Street on or at a lo- cation which has a very limited sight distance. 2. The new paved area allows for turn of car so that direct right hand turn with flow of traffic can be made. 3. This greatly reduces hazzard. WHEREAS, this Board has examined the plans, re- viewed 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 applica- tion 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 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 applicant will make the changes as requested by this Board and the stairs will be relocated so that the driveway can be enlarged. 2. The proposed plan will create a turn around so that the applicant will be able to get out on to Weaver Street in a less hazardous manner. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article XI Section 89-67 B "Layout and Location of off-street parking faci- lities" would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance as 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 other- wise detrimental to the pub- lic 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 faci- lities" be varied and modified so as to main- tain an existing off-street parking and turn- around space having a front setback of 3'± on the premises located at 423 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Parcel 734 in strict conformance with plans filed with this appli- cation subject to the following condition pro- vided that the applicant complies in all other respects with the Zoning Ordinance and Build- ing Code of the Town of Mamaroneck. That there ue no overnight parking on the property. • FURTHER RESOLVED, that .{n.accordance with the Rules and Regulations of the Zoning Ordinance of the Town of Mamaroneck 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 build- ing 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 next appli- cation. APPLICATION NO. 2 - CASE 679 (This application was postponed from the meeting of February 28, 1985) Application of Mr. Charles Hoffmann for modification of Article VII Section 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 build- ing height of two stories and thirty feet, proposed three stories and forty feet; Subsection E which requires a mini- mum 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 unnecessary hardship. A Public Stenographer was present and his minutes will be made part of the record. Mr. Forbes represented the applicant. A motion was made and seconded that the Zoning Board be designated as Lead Agency for the SEQR and a positive declaration was made directing the applicant to file a DEIS. The Board, also, requested the Secretary to send a copy of the Traffic Report to the Traffic Commission, the Police Chief and the Fire Chief. Mr. Boraczek asked the Secretary to read the next appli- cation. APPLICATION NO. 3 - CASE 680 Application of Mr. and Mrs. Lawrence Flink for modifica- tion of Article VIII Section 89-44 A "Supplementary Regu- lations - Yards, Setbacks and Courts" which requires a minimum rear and side setback for paved terraces of 5 ft. to maintain an existing paved terrace (basketball court) having rear and side yard setbacks of 2.5 ft. on the pre- mises located at 11 Country Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 320 Parcel 740 on the grounds of practical difficulty and/or unneces- sary hardship. Mr. Flink presented the Board with a letter in which he said he had the work done by all highly qualifed people and was told he did not need a building permit. A motion was made and seconded with all four members present interpretation that the basketball court which is more than 6" in height to be a structure and that the retain- ing wall because it was specifically built for this basket- ball court is a part of the structure. Mr. Mazin, who is the Attorney for the neighbors, Dr. and Mrs. Friedman said the present use it not a terrace but a structure and could be placed somewhere else on the pro- perty. Mr. Flink said that the existing location was the only level space on their property and they had not brought in any fill. Mr. Mosher pointed out that it did not make any difference whether it was a terrace or a structure it was still too close to the property line and either way it could not be any less than 5 ft. from the line. Mr. Mazin spoke about the retaining wall that had been erected and Mr. Paonessa pointed out that a retaining wall did not need a permit if it was 4 ft. or under. Mrs. Flink said they had moved into the Town 18 years ago so they would have a a good place to raise children and their main purpose was to provide a place for their chil- dren to play on their property. Mrs. Flink further said there had been a basketball court in the circle but because of the traffic from their neighbor who had an office in their home it was necessary to find another place. After further discussion the Board on motion made and seconded voted on the application with all four members voting against. The application was therefore denied and the following Resolution adopted: WHEREAS, Mr. and Mrs. Lawrence Flink have sub- mitted an application to the Building Inspector to maintain an existing paved terrace (basket- ball court) having rear and side yard setbacks of 2.5 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 the Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article VIII Section 49 89-44 "Supplementary Regulations - Yards, Set- back and Courts" which requires a minimum rear and side setback requirement of 5 ft. on the premises located at 11 Country Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 320 Parcel 740; and WHEREAS, Mr. and Mrs. Lawrence Flink have sub- mitted an application to the Board for a vari- ance on the ground of practical difficulty and/ or unnecessary hardship for the following reasons: 1. Applicants built the play area because there was no adequate place to position a basket in the Country Lane Circle at the rear of the property since there is fairly heavy turnaround traffic plus the fact that one of the neighbors in the circle uses their residence for commercial purposes which increases the traffic at key playtimes for the children. 2. The proposed location was the only appropriate land for this development where they could add a level landscaped plot without blasting, etc. and was designed to fit the contour of the land and aesthetically pleasing. 3. Because the work was not finished until November the applicants were unable to complete the landscaping but as soon as possible which will further enhance its current aesthetics. 4. The corner of the lot is surrounded on two sides by asphalt consisting of their driveway and their immediate neighbors to the rear and thus the violation of the 22 ft. of asphalt in question is in no way unattractive in its current state. WHEREAS, this Board has examined the plans, re- viewed 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 denied the application on the following grounds: IC: 1. The applicant failed to show that the "basketball court" could not be located in other areas that would not require a zoning variance. 2. That there were no special circum- stances or conditions applying to the land for which the variance is sought which circumstances or conditions are peculiar to such land and which do not apply generally to land in the district. 3. There has been no showing of prac- tical difficulty which would require the variance. 4. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land. 5. That the granting of the variance is not in harmony with the general pur- poses and intent of the Ordinance and would be injurious to the neighborhood and detrimental to the public welfare in that its proximity to a neighboring driveway creates a hazard to young chil- dren in the neighborhood as well as impacting on the use and enjoyment of the neighbor's property because of its proximity to that property. 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. 4 - CASE 683 Application of Hof-Pof Realty Co. for modification of Ar- ticle X Section 89-56-E "Nonconforming Use of Buildings" and Article XI Section 89-66-A "Off-street Parking Require- ments" which requires that a nonconforming use that is changed to a conforming use must conform to existing zon- ing regulations, to maintain and use converted 2nd floor dwelling for professional offices 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 Par- cel 657 on the grounds of practical difficulty and/or un- necessary hardship. Mr. Mosher said that he had represented the seller of this property at the time the sale was made and did not know if it was appropriate for him to hear the application. After a brief discussion it was decided there was no reason for Mr. Mosher to disqualify himself. Mr. Paul Hodys, who is the owner of the property appeared before the Board with Mr. Cohen who is using the office. Since the applicant did not submit an Environmental Assess- ment Form with his application the Board decided to post- pone the application until next month and directed that an EAR be filed. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:45 P.M. Rita A. Johnson, Secretary