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HomeMy WebLinkAbout1982_06_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JUNE 23, 1982, IN THE COUNCIL ROOM OF THE WEAVER STREET 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. Egbert R. Hardesty Mr. Peter G. Moore Mr. Peter D. Mosher Absent: Mr. Stephen K. Carr Also present: Mr. William Paonessa , Building and Plumbing Inspector APPROVAL OF MINUTES The minutes of the meetings of April 28 and May 26, 1982 were presented and on motion duly made and seconded, ap- proved 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 asked if the first two applicants would mind if the Board changed the procedure and heard Applications No. 3 and 4 first. With the approval of the two appli - cants the Board decided to hear Application No. 3 first and the Chairman asked the Secretary to read the notice. APPLICATION NO. 3 - CASE 596 Application of Dr. and Mrs . William Burten for modifica- tion of Article VI Section B (1 ) & (2) "Construction Re- quirements for a One Family R-6 Residential District" which requires a minimum front yard setback of 30 ft. and a minimum side yard of 8 ft. to allow the construc- tion of an addition to the front of the dwelling creat- ing a front setback of 28. 50 ft. and a side yard of 7. 50 ft. on the premises located at 49 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 306 on the grounds of practical dif- ficulty and/or unnecessary hardship. Mrs. Burten appeared before the Board and said that the addition on the side is following the same line as the house is at present. The applicant said the house was built in 1927 under the old zoning and the front addition is enclosing an existing patio. ‘c 3 Mrs. Burten further said that their family is rapidly ex- panding and there is a necessity for more room. 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 Commissioner Mosher - Aye The application was therefore approved and the following Resolution adopted: WHEREAS , Dr. and Mrs. William Burten have sub- mitted an application to the Building Inspector to allow the construction of an addition to the front of the dwelling creating a front setback of 28.50 ft. and a side yard of 7.50 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 Zoning Or- dinance of the Town of Mamaroneck with particu- lar reference to Article VI Section 89-35 Sub- section B (1 ) & (2) "Construction Requirements for a One Family R-6 Residential District" which requires a minimum front yard setback of 30 ft. and a minimum side yard of 8 ft. on the premises located at 49 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 306; and WHEREAS, Dr. and Mrs. William Burten have sub- mitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons : 1 . Applicants need more space since they are expecting another child in October and have recently hi red a live in housekeeper. 2. Because of the present real estate values and mortgage rates they cannot afford to move. 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 appli- cation on the following grounds : (a) That there are special circumstances and conditions applying to the land for which a variance is sought, which circumstances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows : 1 . The proposed addition on the side is not extend- ing any further on the side property line than the exist- ing dwelling is now. 2. The proposed addition will provide extra room for the applicants growing family. 3. That the proposed projec- tion into the front yard will enclose an existing terrace. 4. 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 ) & (2) "Construction Require- ments for a One Family R-6 Residential 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 minimal adjustment that will accom- plish this purpose. 5. 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 VI Section 89-35 Sub- section B (1 ) & (2) "Construction Requirements for a One Family R-6 Residential District" having a front setback of 28. 50 ft. and a side yard of 7. 50 ft. in strict conformance with 0 plans filed with this application provided that the applicant complies in all other res- pects 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 the 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 application No. 4 APPLICATION NO. 4 - CASE 597 Application of Mr. Johan DeVoogd and Magda Ferencz for modification of Article VI Section 89-34 Subsection B (3) "Construction Requirements for an R-7.5 One Family Residence District" which requires a minimum front set- back of 30 ft. from Knollwood Drive and a minimum rear yard setback of 25 ft. to allow the construction of a wood deck creating a front yard setback of 26. 5 ft. from the street and a rear yard setback of 16. 1 ft. on the premises located at 76 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 109 Pa rcel 194 on the grounds of practi cal difficulty and/ or unnecessary hardship. Mr. Lawrence Gordon of 17 Bonnett Avenue, Larchmont, who is the Architect for the applicants , appeared before the Board and said the proposed deck is in a different location than the previous application that had been submitted by the applicants. Mr. Gordon stated that the deck they now propose is over the garage and they intend to remove the existing stairs bringing the deck in line with the house. Mr. Gordon further said that the applicants practical difficulty was because it is a corner lot and in order to have a deck it is necessary to infringe. Mr. Gordon, also said the applicants plan to put in a planting area on the side. Mr. Norman Grusby of 75 Vine Road spoke and said they had put a deck on their house similar to the one the applicants were requesting and he feels that the proposed deck would be consistent with the aesthetics of the neigh- borhood. Mr. Grusby said he prefers facing a deck rather than having chairs and tables all over the lawn. Mr. Boraczek questioned Mr. Grusby as to the size of his deck. The applicant had given Mr. Boraczek a letter from Dr. and Mrs. Martin Schwartz of 72 Vine Road which the Chairman read. In their letter Dr. and Mrs. Schwartz said that they had seen the plans and feel the deck is attractive and would be an addition to the neighborhood. Mrs. DeVoogd said that their yard at present is not usable as she does not like to sit in the driveway and they wanted the deck located so that it would be accessible to the kitchen without going through other rooms. 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 - Nay Commissioner Mosher - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. Johan DeVoogd and Magda Ferencz have submitted an application to the Building Inspector to allow the construction of a wood deck creating a front yard setback of 26. 5 ft. from the street and a rear yard setback of 16. 1 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 VI Sec- tion 89-34 Subsection B (3) "Construction Require- ments for an R-7.5 One Family Residence District" which requires a minimum front setback of 30 ft. from Knollwood Drive and a minimum rear yard setback of 25 ft. on the premises located at 76 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 109 Par- cel 194; and WHEREAS, Mr. Johan DeVoogd and Magda Ferencz have submitted an application to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . The house is on a corner lot leav- ing little room for a deck to be built within the allowable zoning require- ments. 2. The applicants would like a dir- dot E s ect connection between the kitchen and deck without going through the rest of the house. 3. The side yards are not really usable for sitting outdoors. 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 appli- cation on the following grounds : (a) That there are special circum- stances and conditions applying to the land for which a variance is sought, which circumstances and/or conditions are as follows : 1 . Because the house is located on a corner lot there is no other location where a deck could be built without infringing on the zoning requirements. 2. That said circumstances and or conditions are such that the particular appli- cation of the Ordinance with respect to Article VI Section 89-34 Subsection B (3) "Construction Require- ments 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 minimal adjustment that will accom- plish 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 89-34 Sub- section B (3) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to allow the construc- tion of a wood deck creating a front yard set- back of 26. 5 from the street and a rear yard setback of 16. 1 ft. on the premises located at 76 Vine Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 109 Parcel 194 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 application No. 1 . APPLICATION NO. 1 - CASE 594 Application of Rosenshein Associates for modification of variances granted by Zoning Board Resolutions dated February 28, 1979 and April 22, 1981 permitting the con- struction of a retail shopping center (stores) and non- conforming off-street parking facilities for 161 cars. Also, Article XI Section 89-66 Subsection A & C "Off- street parking requirements" which requires two additional parking spaces for proposed restaurant use on the pre- mises located at 1272 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407 Parcel 192 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Rosenshein appeared before the Board with the con- tract vendee, Mr. Andres Alban. Mr. Moore questioned about the grading Mr. Rosenshein had done on the property recently and as to whether the applicant was in viola- tion at the present time. Mr. Moore said if the appli- cant was in violation could the Board legally hear the application. It was pointed out that the Town Engineer had approved the plan as far as the grading and drainage was concerned and the work Mr. Rosenshein had done had not reduced the number of parking spaces or changed the configuration of the parking spaces. Mr. Rosenshein said his reason for the grading was to improve the visi- bility and he felt he had improved his property. Mr. ��sy 11 Boraczek said he felt the application should be heard with the supposition that everything Mr. Rosenshein had done was legal . Mr. Rosenshein said on the advice of his counsel they are in compliance. Mr. Mosher suggested that the application be heard with the members decision depending upon Mr. Johnston's judgment. Mr. Rosenshein said that Mr. Alban wanted to open a "Gour- met Shop" in the shopping center and as part of his shop he wants four tables (16 seats) . Because of the four tables the Zoning Ordinance classifies the shop as a "restaurant" and requires two extra parking spaces. Mr. Paonessa pointed out that because of the off-street parking problem it is a zoning matter and the applicant will also have to go before the Town Board for permis- sion to have the restaurant. Mr. Alban said his reason for wanting the tables was for the convenience of his customers. Mr. Boraczek questionted as to why the tables were needed if food was not to be served on the premises. Mr. Rosenshein and Mr. Alban went out of the room to discuss the possibility of changing the application. When they returned they said they had decided to with- draw their application with the idea that Mr. Alban would not put any tables or chairs in the shop and no variance or Town Board permission would be required. The Board asked Mr. Mosher to contact the Town Attorney, FIN Mr. Johnston to find out if the grading work Mr. Rosen- shein had done needed any variances. Mr. Boraczek asked the Secretary to read Application No. 2. APPLICATION NO. 2 - CASE 595 Application of L. M. R. Associates for modification of Article VII Section 89-41 "Construction Requirements for a "B" Business District" , Subsection A (3) which permits a maximum building coverage of 25%, Subsection C which permits a maximum floor area of 50%, Subsection D which permits a building height of two stories (2) and or 30 ft. , Subsection E which requires a minimum number of 264 off-street parking spaces to allow the construction of a three story office building and park- ing deck creating a building coverage of 51 .20%, a floor area of 68.33%, a building height of 38 ft. and will provide for 206 off-street parking spaces on the premises located at 2155 Palmer Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 501 Parcel 1 on the grounds of practical difficulty and/or unneces- sary hardship. Mr. Joseph Clifford, an Attorney of 1890 Palmer Avenue, i represented the applicant, L.M. R. Associates , who want to construct a three story office building on the site. Mr. Paonessa told the Board that the property in question had been used for a nursery, and an application had been filed for a car dealer which was approved but never mater- ialized. An application was, also, filed for a cater- ing restaurant and approved but the work was never done. The property has now been sold to the applicants. It was pointed out that there would be indoor parking for 102 cars and outdoor parking for 104 cars. Mr. Clif- ford said that the property is unique in that on one side there is a shopping plaza and gas stations in the Village of Larchmont and on the other side there is an apartment house in the City of New Rochelle and to the rear the railroad. It was pointed out that the homes on the other side of the street are high because of the rock ledge. Mr. Clifford showed the Board a rendering of the proposed building and estimated that the building will cost some- where between five and six million dollars. Mr. Clif- ford further said that the height of the building is approximately the same as the apartment house to the east. Also, Mr. Clifford said that since the deck cover- age is below the level of the entry floor it should not be construed as coverage and they feel the proposed build- ing would be an asset to the surrounding area and would be a better use than the nursery. In conclusion, Mr. Clifford said that they had informally appeared before the Planning Board in its capacity as Lead Agency for the SEQR and they may have to submit an Assessment Form since there might possibly be some problems with drainage. Mr. Paonessa told the Board that he had been advised by the Town Attorney that the Zoning Board could hear the application and if approved, the Resolution should be subject to the condition that the applicant file for a determination from the Town Planning Board for an En- vironmental Assessment Form and that the applicant ob- tain all other necessary approvals and permits. Mr. Mosher said he could go along with the height of the building but felt the applicant could provide more parking and he would suggest that if they bring the park- ing spaces up to 226 he could approve it. It was pointed out that the Town Ordinance for parking is much more restrictive than the surrounding areas . Mr. Boraczek said he thought the Board could act on the application for the variance with the provision that Mr. Goodman, the applicant' s Architect work on the plan and show 26 additional parking spaces without changing the site plan and if the site plan is changed or amended the applicant will have to return to the Zoning Board. Mr. Moore said he would go along with Mr. Boraczek. Mr. Virender of 4 Robins Nest Lane said he was opposed to the height of the building as it will be 20 or 25 ft. higher than his home which is across the street. Mr. Virender said it will create more traffic and noise. ` (0 ) j Mr. Rosenberger of 5 Robins Nest Lane said he also op- posed the application and said the new building will add to the traffic and will change the neighborhood. 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 • Commossioner Mosher - Aye The application was therefore approved with the condi- tion that the applicant change the plan to show 226 park- ing spaces subject to the approval of the other interested Departments. The following Resolution was adopted: WHEREAS , L.M. R. Associates have submitted an application to the Building Inspector to allow the construction of a three story office build- ing creating a building coverage of 51 .20%, a floor area of 68.33%, a building height of three stories (3) and 38 ft. high and will pro- vide 206 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 the Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article VII Section 89-41 "Construction Requirements for a "B" Busi- ness District" , Subsection A (3) which permits a building coverage of 25%, Subsection C which permits a maximum floor area of 50%, Subsection D which permits a building height of two stories (2) and 30 ft. , Subsection E which requires a minimum number of 264 off-street parking spaces on the premises located at 2155 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Parcel 1 ; and WHEREAS, L. M. R. Associates have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons : 1 . A construction of building under present zoning requirements because of high costs would not be economi- cally feasible. 2. Consideration of sites proximity on north to New York State Thruway and railroad right-of-way should be a factor in determination of density, height and usage. 3. The approximate height of apart- ment houses immediately adjacent to the east is similar to the height csought. 4. Site is uniquely situated in area of Town which is abutted by New Rochelle on east (apartment buildings) and Village of Larchmont on west (shopping plazas) . Al 5. Area immediately to the south on Palmer Avenue is situated on rock ledge approximately 25 ft. in height. 6. The building coverage is 18.28% since the deck coverage of 23. 27% is below the level of the entry floor, this should not be construed as cover- age. 7. Parking requirements should be based on net rentable space (45,126 square feet) which would reduce spaces required for parking. 8. Site is not presently used, hav- ing been abandoned for nursery usage. This proposal would greatly enhance site and would produce a desirable use. 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, and WHEREAS, this Board has requested the appli- cants to provide a total of 226 off-street parking spaces on the site without changing the location of the building on the site, the shape and size of the building, the floor plans and the net rentable and ground floor plans and in no case change building plans filed with this application, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the appli- cation on the following grounds : (a) That there are special circumstances and conditions applying to the land for whi ch a 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. 6 (b) That the said circumstances and/ or conditions are as follows : 1 . That the building cover- age exclusive of parking deck at main level is only 19%. 2. That the applicant has agreed to provide on site parking for 226 or more cats providing one parking space for each 200 sq. ft. of rentable floor space. 3. That the height of the proposed building will be approximately the same height as the apartment building to the east of the building site. 4. That said circumstances and conditions are such that the particular appli- cation of the Ordinance with respect to Article VII Section 89-41 "Construc- tion Requirements for a "B" Business District" , Subsection A (3) Subsection C, Subsection D and Subsec- tion E 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 minimal adjustment that will accomplish this purpose. 5. 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 VII Section 89-41 "Construction Requirements for a "B" Business District" be varied and modified so as to allow the construction of a three story of- fice building and parking deck having a build- ing coverage of 51 .20%, a floor area of 68.33%, a building height of three stories, (3) and 3- T 38 ft. high and will provide for 226 parking spaces on the premises located at 2155 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Par- cel 1 in strict conformance with plans filed with this application, subject to the follow- ing conditions , provided this applicant com- plies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. 1 . That the applicant provide a total of 226 off-street parking spaces on the site without changing the location of the building on the site, the shape and size of the building , the floor plans and the net rentable and ground floor plans and in no case change building plans filed with this appli- cation. 2. That the applicant file an Environ- mental Assessment Form with the Town of Mamaroneck Planning Board for a determination and obtain all other necessary Department approval or per- mi ts. 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 this meet- ing it was adjourned at 11 :00 P.M. Rita A. Johnson/ Secretary