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HomeMy WebLinkAbout1980_10_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD OCTOBER 22, 1980, 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. Laurence G. Bodkin, Jr. Mr. Peter Moore Absent: Mr. Egbert R. Hardesty Mr. Stephen Carr Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of September 24, 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 without penalty. The Chairman, also, said that there was no guarantee that at the next meeting all five members would be present. The Chairman asked the Secretary to read the application of Mr. and Mrs . Bruno which had been adjourned from the September meeting. CASE 546 Application of Mr. and Mrs . Joseph Bruno for modification of Article VI Section 89-33 Subsection B (1 ) "Construc- tion Requirements for a One Family R-l0 Residence District" which requires a minimum front setback of 30 ft. to allow a one story addition creating a front setback of 20 ft. on the premises located at 10 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Parcel 160 on the grounds of practical diffi- culty and/or unnecessary hardship . Mr. and Mrs . Bruno appeared before the Board with a letter from a Landscape Architect which was read by Mr. Boraczek. Mr. F. Patrick Kelly of 54 Grove Avenue, Larchmont, the _ ) ( Landscape Architect said in his letter that he was con- cerned about the location of the foundation for the ad- dition but felt that by not using a bearing foundation wall the use of piers which may be adjusted during con- struction so as to minimize any damage to the root sys- tem will solve the problem. Mr. Boraczek, also, read a letter Mr. and Mrs. Bruno had presented from Mr. Kevin Leddy, who is their regu- lar Gardener. Mr. Leddy stated in his letter he felt the silver maple would have a good chance of survival by the use of piers designed by the Architect in place of a full foundation. Mr. Arthur Wexler, the Architect, had given Mr. and Mrs. Bruno a revised foundation plan which was presented to the Board. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mr. and Mrs. Joseph Bruno have submitted an application to the Building Inspector to allow the construction of a one story addition creating a front setback of 20 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 Section 89-33 Subsection B (1 ) "Construction Requirements for a One Family R-10 Residence District" which requires a minimum front set- back of 30 ft. on the premises located at 10 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Par- cel 160; and WHEREAS, Mr. and Mrs . Joseph Bruno 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 . Unable to place new room in back or side of house. 2. Need the room for a study as well as an extra bedroom for Mrs. Bruno' s mother. 3. Because of escalating real estate values unable to move to larger home. 4. The second story of existing dwell- ing is completely used. 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 for which 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. (b) That the said circumstances and/ or conditions are as follows: 1 . The proposed location is the only place where the addition can be placed. 2. The proposed addition will add an extra bedroom or study. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-33 Subsection B (1 ) "Con- struction Requirements for a One Family R-10 Residence District" 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. 4. 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 detri mental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 Sub- section B (1 ) "Construction Requirements for a One Family R-10 Residence District" be varied and modified so as to allow the construction of a one story addition creating a front set- back of 20 ft. on the premises located at 10 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Par- cel 160 in strict conformance with plans filed with this application provided that the appli- cant 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. 1 - CASE 547 Application of Mrs . Madeline Kunz for modification of Article VI Section 89-33 Subsection B (2) (a) "Construc- tion Requirements for a One Family R-10 Residence Dis- trict" which requires a minimum side yard of 10 ft. to allow the construction of a wood deck at the southerly side of the dwelling having a side yard of 7.5 ft. on the premises located at 200 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Parcel 98 on the grounds of practical diffi- culty and/or unnecessary hardship. The applicant, Mrs. Kunz was represented by Miss Catherine Schell of 269 Broadway, Dobbs Ferry, New York, who said that the present back porch and outside stairway are rotting and need to be replaced. Mis Schell stated that the rear exit is from the kitchen and Mrs. Kunz, who is elderly, would like to be able to sit outside without going down the stairs into the yard. Miss Schell further said that the proposed location will allow the stairway to clear the area used for turning into the garage and will look better as part of the house instead of indenting the deck to the 10 ft. allowed. The Board questioned as to how high the deck would be and it was pointed out that it would be a full story above the ground. After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mrs. Madeline Kunz has submitted an application to the Building Inspector to allow the construction of a wood deck at the southerly side of the dwelling creating a side yard of 7.5 ft. together with plans; and WHEREAS, the Buil',ding Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article VI Section 89-33 Subsection B (2) (a) "Construc- tion Requirements for a One Family R-10 Resi- dence District" which requires a minimum side yard of 10 ft. on the premises located at 200 East Garden Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 213 Parcel 98; and WHEREAS, Mrs. Madeline Kunz has submitted an application to this Board for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons: 1 . Present back porch and outside stairway are rotting and need to be replaced. 2. The applicant who is elderly would like to be able to sit outside without having to go down into the yard. 3. A deck extending to 7.5 ft. from line will be large enough to allow a table and chairs for summer use by more than two persons . 4. The deck will look better as part of the house if it extends to 7.5 ft. from line instead of indent- ing to 10 ft. 5. The proposed location will allow the stairway to clear area used for I1-5 turning into the garage. 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 circum- stances and conditions applying to the land and/or building for which a variance is sought, which circum- stances 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 . Due to the topography of the lot the deck will prove a more useful space in the rear yard. 2. That the proposed deck will not increase the non- conformity of the existing side yard setback. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-33 Subsection B (2) (a) "Construction Requirements for a One Family R-10 Resi- dence District" would de- prive 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. 4. 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 89-33 Sub- section B (2) (a) "Construction Requirements for a One Family R-10 Residence District" be varied and modified so as to allow the construc- tion of a wood deck at the rear of the dwell- ing having a side yard of 7.5 ft. on the pre- mises located at 200 East Garden Road in strict conformance with plans filed with this appli- cation 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. 2 - CASE 548 Application of Samson Management Corp. for modification of Article XI Section 89-67 Section B Layout and Location of Off-street Parking Facilities which requires that no unenclosed parking facilities shall be developed within 25 ft. of the front lot line or within 5 ft. of side or rear lot line to permit the construction of off-street parking facilities less than 25 ft. from Burton Road on the premises known as Larchmont Acres East and known on the Tax Assessment Map of the Town of Mamaroneck as Block 408 Parcel 86 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. Kenneth J . Finger, an Attorney of 14 Mamaroneck Ave- nue, White Plains, represented the applicant, Samson Manage- ment and appeared with Mr. Philip Schonberg, the Manag- ing Agent and Mr. Richard Carroll , the Building Superin- tendent. Mr. Finger said that they were asking for a total of 17 extra parking spaces but only needed a vari- ance for 4 spaces. Mr. Finger stated that the applicants have a constant problem with cars parking illegally and most of the new tenants have at least two cars . He, also, said that they could understand the concern of the resi- 7177 dents of Burton Road but there was no other space to lo- cate additional parking except in the garage area. A question was asked as to whether any trees or shrubs would have to be removed and Mr. Carroll said that only some weeds and the trees will all remain. A question was, also, asked regarding an easement over property owned by the adjacent apartment house owner which would give the applicant access to the proposed new parking area. It was pointed out that when the apartments were built they were owned by the same parties but are now under two ownerships . Mr. Finger, also, said that he disagreed with Mr. Paonessa's interpretation as to what is the front of the building. Mr. Abraham of 12 Burton Road said he objected to the extra parking as traffic on Burton Road is presently very bad and the additional parking will make it worse. Mr. Moore asked Mr. Abraham how long he lived there and his answer was 10 years. Mr. Joseph Crai of 14 Burton Road said he objected to the proposed extra parking and he thought it was a safety hazard as it was impossible to walk through Burton Road. Mr. Moore questioned as to the length of time he had re- sided there and his answer was 23 years . Mr. Goldstein of 10 Burton Road also objected stating that his property backs up to the proposed off-street parking and some of the cars would be parked right up to his driveway. Mr. Goldstein said they had had two water main breaks which were due to the heavy traffic on the road and that the children from the apartments play in his back yard now. Mr. Goldstein , also, said that when there was a fire in the garages the fire trucks couldn 't get through and it is a blind spot. In reply to Mr. Moore's question as to the length of time he had lived there Mr. Goldstein said 20 years . Mrs. Peter Lividini of 20 Burton Road said that when their house was built 23 years ago it was a dead end street and she was against additional parking as they did not need any more cars. Mrs . Lividini said she has trouble backing out of her driveway and has to watch out for the school children . Mr. Abraham further said that he is active in scouting and if he has a meeting at his house it is impossible to find a place to park. Mr. Finger said that the Larchmont Acres was trying to be a good neighbor and the problem with traffic was because of the width of the road and not their fault. He, also, said that the volume of traffic was caused by the school nearby and they feel by providing additional parking they would prevent illegal parking. After further discussion a vote was taken on the appli- � / g cation and the result was as follows : Commissioner Boraczek - Nay Commissioner Bodkin - Nay Commissioner Moore - Nay The application was therefore denied and the following Resolution was adopted: WHEREAS, Samson Management Corp. have submitted an application to the Building Inspector to per- mit the construction of off-street parking fad- lities less than 25 ft. from Burton Road 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 Sec- tion 89-67 Subsection B Layout and Location of Off-street Parking Facilities which requires that no unenclosed parking facilities shall be developed within 25 ft. of the front line or within 5 ft. of side or rear lot line on the premises known as Larchmont Acres East and known on the Tax Assessment Map of the Town of Mama- roneck as Block 408 Parcel 86; and WHEREAS, Samson Management Corp. have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . Requested parking is badly needed as can be attested to by the Police and Fire Departments. 2. Applicant' s interpretation considers that the property facing Burton Road by virtue of its general layout and Burton Road being a dead end road at the requested parking facility shall be considered a rear yard. 3. The proposed parking will provide a minimum environmental impact. 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 denies the applica- tion on the following grounds : 1 . That the proposed additional, off- street parking facilities to be deve- c-J 7 9 loped between the end of the existing garages and the curb line of Burton Road would create a greater hazard to pedestrians and vehicular traffic than already exists . 2. That the applicant failed to show that other open areas on the property could not be developed for off-street parking facilities in conformity with the Ordinance. 3. That there are 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. 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 general purposes and intent of this Ordinance and would be injurious to the neigh- borhood 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. CASE 540 Mr. Boraczek asked if the representative had shown up for the application of Lux Car Care Ltd. , which had been adjourned from the meeting of July 23, 1980 until the applicant obtained a Special Permit. Mr. Abrahams, the owner had been granted a variance in 1977 but due to illness he was not able to complete the work. The Board discussed the application and noted that the Town Board had approved the application after receiving recommendations tom the Planning Board in regard to pro- viding sufficient drainage and resurfacing the lot and painting the building after the work has been completed. A vote was taken on the application and the result was as follows : Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Lux Car Care Ltd. has submitted an application to the Building Inspector to al- low the construction of one story additions having a rear yard of 16 ft. and a setback of 35 ft. from Van Guilder Street an unimproved street together with the 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 Subsection B (3) "Construction Require- ments for a "B" Business District" which re- quires a minimum rear yard of 25 ft. and Ar- ticle II Section 89-7 Subsection B "Divided Properties" which requires a minimum setback of 100 ft. from street leading into a residen- tial district on the premises located at 2434 Boston Post Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 503 Parcel 326; and WHEREAS, Lux Car Care Ltd. has 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 had been granted a variance in April of 1977 but due to illness was not able to complete the work. 2. The applicant had in accordance with the request of the Town Board built a guard rail in anticipation of further construction. 3. The equipment extends beyond and outside the building and during the winter months the exposed parts freeze and the car wash is inoper- able. 4. When the car wash has to be closed the subsequent loss of income causes extreme financial difficulty. 5. The car wash has had five owners in seven years . 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 . That the proposed ad- dition at the rear of the building would provide weather cover of equipment which is inoperable during winter months due to freeze up. 2. That the proposed ad- dition at the side of the existing building would not extend any closer to the paper street (Van Guilder Street (than the present structure. 3. That the proposed ad- dition would enclose equip- ment used to wash and wax vehicles and tend to lessen the noise created by the machinery and provide space within the building where most of the work could be done. 4. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VII Section 89-41 Subsection B (3) "Con- struction Requirements for a "B" Business District" and Article II Section 89-7 Subsection B "Divided Pro- perties" would deprive the applicant of the reasonable use of the land and/or build- ings and that the variance as granted by this Board Al 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 otherwise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VII Section 89-41 Sub- section B (3) "Construction Requirements for a "B" Business District" and Article II Section 89-7 Subsection B "Divided Properties" be varied and modified so as to allow the construction of a one story addition having a rear yard of 16 ft. and a setback 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 Mamaroneck as Block 503 Parcel 326 in strict conformance with 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 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 Secretary advised the members that the date for the next meeting would be Thanksgiving Eve and it was decided if there were any applicationsthe meeting would be held on December 9th. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:45 P.M. 44,47(7c Rita A. Johnson , Secretary