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HomeMy WebLinkAbout1980_07_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 23, 1980, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8: 15 P.M. ROLL CALL Present: Mr. Andrew W. Boraczek, Chairman Mr. Egbert R. Hardesty Mr. Peter Moore Absent: Mr. Laurence G. Bodkin, Jr. Mr. Stephen Carr Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of June 25, 1980 were presented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. Mr. Boraczek explained to the applicants that because only three members were present their applications would have to have an unanimous vote and they had the privilege of postponing their applications to another meeting without penalty. The applicants present agreed to have their applications heard. The Chairman asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 537 Application of Ms . Adele M. Liverzani for modification of Article VIII Section 89-44 D which does not permit any fence or wall over 4 ft. in height in a residential dis- trict to allow the installation of 32 lin. ft. of 6 ' high wooden fence along a portion of the easterly side line on the premises located at 1 Harmon Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 216 Parcel 267 on the grounds of practical difficulty and/ or unnecessary hardship. Miss Liverzani presented her application to the Board and said that they wanted the fence to hide their view of the house next door which is unkept. The applicant said that she has seen rats and there is a stench from the cats and garbage next door. Miss Liverzani further said that there are pieces of cars, a cement mixer, old furniture, etc. in the next door yard. A letter was read from Mrs . Frances Van Hook of 198 Weaver Street, who is a neighbor, approving the application . After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Moore - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Ms: Adele M. Liverzani has submitted an application to the Building Inspector to allow the installation of 32 lin. ft. of 6 ' high wooden fence along a portion of the easterly side line 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 VIII Section 89-44 D which does not permit any fence or wall over 4 ft. in height in residen- tial districts on the premises located at 1 Harmon Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 216 Par- cel 267; and WHEREAS, Ms . Adele M. Liverzani 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 . To obstruct view of next door gar- den allegedly filled with debris . 2. To attempt to keep out next door cats (from 15 to 5) from applicant's garden, trees and roof. 3. To try to obstruct view of next door house which is unkept. 4. To try to control stench from cats . 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 application 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 appealed from. (b) That the said circumstances and/ or conditions are as follows: 1 . The proposed 6 ft. fence will protect the applicant's view from an unkept house and yard filled with debris . 2. That said circumstances and/or conditions are such that the particular appli- cation of the Ordinance with respect to Article VIII Section 89-44 D "Walls and Fences" would deprive the applicant of the reasonable use of such land and/or building and that for these reasons the granting of the variance is necessary for the reasonable use of the land and/or building and that the variance as granted by this Board is the minimum adjustment that will accomplish this pur- pose. (c) That the granting of this vari- ance will be in harmony with the gen- eral purposes and intent of this Ordi- nance and will not be injurious to the neighborhood or otherwise detri- mental to the public welfare;and it is FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article VIII Section 89-44 D "Walls and Fences" be varied and modified so as to allow the installation of 32 lin. ft. of 6 ft. high wooden fence along a portion of the easterly side line on the pre- mises located at 1 Harmon Drive and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 216 Parcel 267 in strict confor- mance with plans filed with this application provided that the applicant complies in all lc/ other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. 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 538 Application of Mr. Richard Tortorella for modification of Article IV Section 89-20 Subsection A (1 ) "Permitted Uses in a One Family R-7.5 Residence District" and Ar- ticle VI Section 89-30 Subsection B (1) "Construction Requirements for an R-7.5 One Family Residence District" which restricts the use of the property to a one family dwelling only and requires a minimum front setback of 30 ft. to allow the construction of a second story addi- tion to a nonconforming three family house having a front setback of 25 ft. on the premises located at 11 Leafy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 126 Parcel 447 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Tortorella presented his application to the Board and said that at present their 13 month old child is sleeping in their bedroom on the first floor and there is no place to make an additional room on the first floor level . The applicant said they would like to make two bedrooms on the existing top deck on the second floor so that they can all be together on the second floor for safety reasons . Mr. Boraczek drew attention to the fact that the house is presently a nonconforming three family house and asked Mr. Tortorella the total number of rooms in the house. The applicant said there is approximately a total of 12 rooms and that when his father purchased the house in 1969 it was being used as a three family house. It was pointed out that two of the families living there are related. • Mr. Tortorella presented a letter from a former tenant who had moved into the house in 1940 which stated that on the death of the original owner in 1943 until the time he moved out there was always three tenants and three distinct apartments. Mr. Moore asked if there were any original plans where- upon Mr. Paonessa presented the original plans dated 1938. It was pointed out that the original owner, Mr. McTarnahan had obtained a variance to construct a one family house with a setback of 20 ft. and the Cer- tificate of Occupancy was issued September 1939 for a one family residence. Mr. Paonessa said that accord- ing to the records in the Assessment Office the occupancy (z/ ` v/ was changed from a one family to a three family sometime between 1939 and 1967. This was done without the benefit of a zoning variance being granted by the Zoning Board of Appeals . Mr. Boraczek said he could not see the applicant's hard- ship or practical difficulty. If he got rid of one of the tenants he would have two extra rooms . Mr. Torto- rella said that when they had a title search made in 1974 it showed a three family. Mr. Paonessa said that probably the Title Company did not check with the Build- ing Department but the Assessor's records did show a three family. Mr. Rene Simon of 85 Taylor Place said he had no objec- tion to the house being used as a three family or the proposed addition. Mrs . Jean Putnam of 10 Leafy Lane, who was present, had written a letter which Mr. Boraczek read. Mrs . Putnam said she objected to the application and that there is ample room in the existing structure for more bedroom space as there is a sunroom which could be converted into a bedroom plus two rooms upstairs that are not in use. Mrs . Putnam further stated that if there was not sufficient rooms he could use one of the tenant's apartments or switch apartments with his father who owns another house on Leafy Lane. Mrs . Putnam further men- tioned that the applicant's father has for years been in defiance of the zoning and had installed an upstairs kitchen in the house next door without a permit fully intending to have the new owner rent an apartment. Mrs . Putnam in conclusion said that the parking situation is intolerable now and that the applicant's father had promised a neighbor when he bought the house it would revert to a one family but for years allowed three un- related tenants to reside there. Mr. George Gold of 8 Leafy Lane appeared and had also sent a letter which was read by Mr. Boraczek. Mr. Gold said he had examined the plans and looked at the appli- cation and objected stating that the variance should not be granted. Mr. Robert J . Barber of 7 Leafy Lane had written a letter which was read by Mr. Boraczek and appeared expressing his disapproval of the application. Mr. Barber mentioned a tree which would be removed or cut back but Mr. Moore pointed out that the Zoning Board had no jurisdiction over trees on private property. Mr. Barber, also, spoke about widening the property in front of 11 Leafy Lane but it was pointed out that the plan did not show this . Mr. Beck said in his letter that the additional story would give the structure the appearance of an apartment building which would have an adverse impact upon the value of his property. Dr. Ladin of 2 Leafy Lane spoke against the application and questioned as to whether there was any proof of the title search Mr. Tortorella referred to. Mrs. Lemma of 6 Baldwin Avenue said as she was recently widowed it might be necessary for her to sell her house and agreed with everything that had been said against the application . Mrs. Lemma said that if the Board allowed a four family four story structure it might not help the sale of her home. Mr. Alexander Martinson of 20 Baldwin Avenue expressed his objection. The Chairman read letters from Mr. and Mrs. Albert Codino of 1 Leafy Lane and Mrs. Mary Ellen Colabella of 6 Leafy Lane objecting to the application. Letters were also read from Mr. and Mrs. Matthew Halley of 18 Baldwin Avenue and Mrs. Melvina Raukx of 8 Baldwin Avenue in favor of the application. After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Boraczek - Nay Commissioner Hardesty - Nay Commissioner Moore - Aye The application was therefore denied and the following Resolution adopted: WHEREAS, Mr. Richard Tortorella has submitted an application to the Building Inspector to allow the construction of a second story addi- tion to a nonconforming three family dwelling having a front setback of 25 ft. ; 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 IV Section 89-20 Subsection A (1 ) "Permitted Uses in a One Family Residence District" which restricts the use of the property to a one family dwelling only and Article VI Section 89-30 Subsection B (1 ) "Construction Requirements for an R-7.5 One Family Residence District" which requires a minimum front setback of 30 ft. on the premises located at 11 Leafy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 126 Parcel 477; and WHEREAS, Mr. Richard Tortorella has submitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons : 1 . The applicant' s 13 month old child is sleeping in the same bedroom on the first floor. 2. They would like to have two bed- rooms on the existing top deck on the second floor so they can be with their child for safety reasons. 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 denies the applica- tion on the following grounds: 1 . The Board felt that there was sufficient living space in the exist- ing dwelling to provide the needed extra room requested by the applicant. 2. The Board finds that the house was purchased after the last Zoning Ordinance was adopted in 1959 and in accordance with said Zoning Ordi- nance no additions or enlargements are permitted unless the dwelling was made so as to conform with all the regulations including the use of the dwelling for the district in which it is situated. 3. That there are no special circum- stances or conditions applying to the land for which the variance is sought, which circumstances or con- ditions are peculiar to such land and which do not apply generally to land in the district. 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 would not be in harmony with the gen- eral purposes and intent of this Ordi- nance and would be injurious to the nieghborhood or otherwise detrimental to the public welfare. 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. 3 - CASE 539 Application of Mr. and Mrs. Anthony Nubile for modifica- tion of Article XI Section 89-67 B Layout and Location of Offstreet Parking Facilities which requires a minimum front setback of 25 ft. and a side yard of 5 ft. to allow the construction of an offstreet parking area having a front setback of 0 ft. and a side yard of 0 ft. on the premises located at 85 West Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 339 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Nubile presented his application to the Board and said that they would like to widen the driveway to make room for four cars. The applicant said they intended to remove the existing hedge and extend the retaining wall that is presently there. The Nubiles have a one car garage and a large family of 7 adults with a total of 5 cars . Mr. Nubile said he was concerned about the children going through the street as it is a 'narrow road and when the cars are parked on both sides of the street only one car can go through . After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. Anthony Nubile have sub- mitted an application to the Building Inspec- tor to allow the construction of an offstreet parking area having a front setback of 0 ft. and a side yard of 0 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 Article XI Section 89-67 B Layout and Location of Off- street Parking Facilities which requires a mini- mum front setback of 25 ft. and a side yard of 5 ft. on the premises located at 85 West Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Par- cel 339; and WHEREAS, Mr. and Mrs. Anthony Nubile have sub- mitted an application for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons : 1 . Widen driveway to allow for ad- ditional offstreet parking for large family (7 adults) . 2. Prevent tight quarters in open- ing doors on cars . 3. To achieve easier access to gar- age for bikes and miscellaneous tools . 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 appealed from. (b) That the said circumstances and/ or conditions are as follows: 1 . Due to the location of the dwelling on the lot there is no other accessible area where the cars could be parked off the street. 2. 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 Offstreet Parking Facili- ties would deprive the ap- plicant of the reasonable use of the land and/or build- ing and that the variance as 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 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 Offstreet Parking Faci- lities be varied and modified so as to allow the construction of an offstreet parking area having a front setback of 0 ft. and a side yard of 0 ft. on the premises located at 85 West Garden Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 218 Parcel 339 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. 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. 4 - CASE 540 Application of Lux Car Care Ltd. for modification of Article VII Section 89-41 Subsection B (3) "Construction Requirements for a "B" Business District" which requires a minimum rear yard of 25 ft. and Article II Section 89-7 Subsection B "Divided Properties" which requires a minimum setback of 100 ft. from street leading into residential district to allow the construction of one story additions having a rear yard of 16 ft. and a set- back of 35 ft. from Van Guilder Street (an unimproved street) on the premises located at 2434 Boston Post Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 503 Parcel 326 on the grounds of prac- tical difficulty and/or unnecessary hardship. It was pointed out that this application had been heard in 1977 and approved but because of illness, the owner, Mr. Abrahams had not done the work and the variance had expired. The applicant, Mr. Abrahams, was not present and after a brief discussion by the Board and two residents of Sherwood Drive, Mr. Boraczek requested the Secretary to notify the applicant that his application could not be heard until he had obtained approval for the Special Permit. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 10:45 P.M. Rita A. Johns n, Secretary