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HomeMy WebLinkAbout1981_02_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD FEBRUARY 25, 1981 , IN THE COURT HOUSE, 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. A. William Boraczek, Chairman Mr. Egbert R. Hardesty Mr. Laurence G. Bodkin, Jr. Mr. Peter G. Moore Absent: Mr. Stephen K. Carr Also present: Mr. William Paonessa, Building Inspector PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. The Chairman asked the Secretary to read the first ap- plication. APPLICATION NO. 1 - CASE 553 Application of Mr. and Mrs. Felix Wilson for modifica- tion of Article VI Section 89-35 Subsection B (1 ) "Con- struction Requirements for an R-6 One Family Residence District" which requires on a corner lot a minimum front setback of 30 ft. from both streets to allow the construc- tion of an addition at the westerly side of the dwell- ing creating a front setback of 26.5 ft. from Orsini Drive on the premises located at 4 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Parcel 511 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. Wilson appeared before the Board and said they wanted to close in the existing porch to make a family room for their family of 5. The applicant said at present they have a play room in the basement which is constantly flooded. Mr. Wilson pointed out that they were going out only 3.5 ft. and the proposed plan was the only pos- sible site without losing a bedroom on the first floor. Mrs. Wilson said they desperately need a family type room as now they have to use the living room since the basement has been flooded. After further discussion the Board voted on the appli- cation and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Nay The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mr. and Mrs . Felix Wilson have submitted an application to the Building Inspector to allow the construction of an addition at the westerly side of the dwelling creating a front setback of 26.5 ft. from Orsini Drive 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 Or- dinance of the Town of Mamaroneck with particu- lar reference to Article VI Section 89-35 Sub- section B (1 ) "Construction Requirements for an R-6 One Family Residence District" which re- quires on a corner lot a minimum front setback of 30 ft. from both streets on the premises lo- cated at 4 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Parcel 511 ; and WHEREAS, Mr. and Mrs. Felix Wilson have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . The applicant has three children and needs a family room. 2. There is no other place that they can build a family room without losing a bedroom on the first floor. 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 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 ` c appealed from. (b) That the said circumstances and/ or conditions are as follows: 1 . The proposed location is the only site where the family room can be placed without losing a bedroom on the first floor. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-35 Subsection B (1 ) "Con- struction Requirements for an R-6 One Family Residence District" would deprive the applicant of the reason- able use of the land and/or building and that the vari- ance granted by this Board is a minimal adjustment that will accomplish this purpose. 3. 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 public welfare; and it is 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 modi- fied so as to allow the construction of an ad- dition at the westerly side of the dwelling hav- ing a front setback of 26.5 ft. from Orsini Drive on the premises located at 4 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Parcel 511 in strict conformance with plans filed with this applica- tion provided that the 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 next appli- cation. APPLICATION NO. 2 - CASE 554 Application of Ritacco's Service Center Inc. for modifi- cation of Article XI Section 89-67 D which does not per- mit parking required for a business use in a Business District to be provided in a Residence District to per- mit the construction of an extension of the off-street parking lot at the rear of the property which will encroach 45 ft. into an R-7.5 Residence District on the premises located at 2430 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Parcels 405 and 421 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Francis B. Auletta , an Attorney of 118 West Boston Post Road, Mamaroneck, New York, represented the appli- cant and said that Mr. Ritacco wanted to phase out the auto body repair part of his business and specialize in installing pop tops and simulated convertibles. Mr. Auletta said the rear of the lot drops 10 ft. and that the appli- cant requires additional storage space for his type of business. Mr. Auletta, also, stated that they were not going back any further than the car wash and Mr. Ritacco has tried to be a "good neighbor" . It was pointed out that Mr. Ritacco had 12 employees and if the variance was granted they would have 18 additional parking spaces. The Board questioned as to how many cars Mr. Ritacco worked on in any one day and he said about 15 to 20 and the purpose of putting the cars in the back was for security. It was, also, pointed out that they had room inside for 9 cars downstairs and 5 upstairs and Mr. Boraczek questioned as to how long a car must remain in the shop. Mr. Ritacco said it usually took two to three days before they could finish a car and he also had two trucks . Mr. Widulski , Mr. Ritacco's Engineer pointed out that the plan showed they would build a 5 ft. high retaining wall with a 3 ft. high chain link fence and they would provide screening. Mr. Bovard, who is the President of the Pine Brook Pro- perty Owners Association, presented the Board with a letter which Mr. Boraczek read. In his letter Mr. Bovard said that the Town has spent approximately $20,000. in its efforts to remedy the flooding situation in the area where the variance is sought and he said in his conversation with the Town Engineer that the Town plans to invest ad- oZo ditional funds to complete the flood control projects and also intends to improve the paper street and landscape the area. According to Mr. Bovard the Pine Brook Associa- tion feels that what Mr. Ritacco intends to do will undo much of what the Town has done and is planning to do. Mr. Bovard further said in his letter that the area along Sherwood Drive is used as a play area for the neighbor- hood children and the paper street is used by area resi- dents to walk between Sherwood Drive and Boston Post Road. Mr. Bovard, also, said that they feel sometime in the future Mr. Ritacco will attempt to use Sherwood Drive or the paper street for entry to his proposed "parking lot" . In conclusion, Mr. Bovard said in his letter that Mr. Ritacco's plan will undermine the area, interfere with the quiet residential character of the neighborhood and prove detrimental to property values for everyone in the area. Mr. Riveros of 61 Sherwood Drive said that on two occas- ions he had to call the Fire Department because of leak- ing gas. The Board asked Mr. Riveros how long ago it had happened and Mr. Riveros said on two different occas- ions about a year apart and the last time being about a year ago. After questioning Mr. Ritacco it was deci- ded that the gas did not come from Mr. Ritacco's property but from the gas station. Mrs. Ruth Perrault of 63 Sherwood Drive said that Mr. Ritacco's proposed parking area would back right up to her property and said she objected as no matter where she sat on her deck she would be looking at a parking lot. Mrs. Harriott of 70 Sherwood Drive said she objected and even though she sits on top of a hill there is no way a parking lot can be hidden from her view. Mrs. Harriott, also, said that the proposed wall would be dangerous for the children in the neighborhood. Mrs. Kathryn Martyn of 63 Sherwood Drive said they objected because they have a problem with water. Mrs. Juanita Pavin of 13 Winans Street objected and said they did not need any more traffic. Mr. Martyn of 63 Sherwood Drive said if Mr. Ritacco is allowed to put in black top he will be flooded since he gets 2 or 3 ft. of water now. There were six additional people at the meeting who ob- jected to the application for the same reasons as speci - fied. Mr. Auletta said he questioned the veracity of the state- ments in Mr. Bovard's letter. Mr. Paonessa explained to the Board and those present that Mr. Ritacco had obtained a Special Permit from the Town Board for a garage to service and repair automobiles. At that time his application was referred to the Planning Board. He, also, stated that the variance he now seeks is one that can only be granted by the Zoning Board. Mr. Widulski , Mr. Ritacco's Engineer said they were add- ing a new catch basin and that retaining basins could be built. After further discussion the Board decided that the ap- plicant should obtain a report from the Town Engineer and the Village Engineer regarding the effect the exten- sion of the parking lot would have on the drainage to the surrounding properties. CASE 552 Mr. Stanley I . Rosen, who had appeared at the January meeting and whose application had been held over until another hearing requested his application be reheard. The Board informed Mr. Rosen it would be placed on the agenda for the March meeting. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9 :45 P.M. Rita A. Johnson, Secretary 41:1) �J