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HomeMy WebLinkAbout1980_09_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD SEPTEMBER 24, 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. Egbert R. Hardesty Mr. Laurence G. Bodkin , Jr. Mr. Peter Moore Absent: Mr. Stephen Carr Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of August 27, 1980 were pre- sented 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 asked the Secretary to read the first appli - cation. APPLICATION NO. 1 - CASE 544 Application of Mr. Pawel Rafalski for modification of Article VII Section 89-41 Subsection A (3) "Construction Requirements for a "B" Business District" which allows a maximum building coverage of 25% to allow the construc- tion of an auto repair garage having a building coverage of 37.2% on the premises located at 20 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131 Parcel 33 on the grounds of practical dif- ficulty and/or unnecessary hardship. Mr. Rafalski was represented by Mr. George Forbes , Jr. an Attorney of 7 Woodland Avenue, Larchmont, who stated that they were asking for an area variance. Mr. Forbes said the lot in question was a small lot and that they had appeared before both the Town Board and Planning Board with an application for a Special Permit which had been approved. Mr. Forbes stated that the applicant feels he needs a building of the size requested to operate successfully as an auto repair garage and the neighborhood is already ` ) 6 ) well developed with business and industrial uses. Mr. Forbes, also, said that the size of the lot has not changed since it was laid out and that Mr. Rafalski has a con- tract to purchase the property contingent upon the ap- proval of the Zoning Board. Mr. Bodkin questioned as to the type of garage use antici- pated and Mr. Rafalski said he would probably have two and at the most three employees to repair foreign cars. The applicant said he wanted to build a garage this size in order to have room for four bays and space to keep the cars indoors at night. It was pointed out that the existing building is to be demolished and Mr. Rafalski intends to purchase the adjoining property to live in the two family house that is presently there. It was, also, pointed out that the lots are separate parcels with a common driveway. Mr. Moore questioned as to whether any of the cars from the service building would be parked on the residential lot but it was pointed out that there is only two park- ing spaces on the property which is the requirement for the residential use for the two family house. After further discussion a vote was taken 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. Pawel Rafalski , contract vendee, has submitted an application to the Building Inspector to allow the construction of an auto repair garage having a building coverage of 37.2% 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 VII Section 89-41 Subsection A (3) "Construc- tion Requirements for a "B" Business District" which allows a maximum building coverage of 25% on the premises located at 20 Valley Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131 Parcel 33; and WHEREAS, Mr. Pawel Rafalski , contract vendee, 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 . Applicant has received a Special Permit for an Auto Repair Garage from the Town Board. 2. Said lot has always been its pre- sent size and held in separate owner- ship. 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 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 . The house that is to be demolished has outgrown its use. 2. The proposed use will not adversely affect the neighborhood . 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VII Section 89-41 Subsection A (3) "Con- struction Requirements for a "B" Business 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 accomplish this purpose. 4. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance J,/ G3 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 VII Section 89-41 Subsection A (3) "Construction Requirements for a "B" Busi- ness District" so as to allow the construction of an auto repair garage having a building cover- age of 37.2% on the premises located at 20 Valley Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131 Parcel 33 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. 2 - CASE 545 Application of Mrs . Lisa Novak for modification of Ar- ticle VII Section 89-41 Subsection A (3) "Construction Requirements for a Business District" which allows a maximum building coverage of 25% and Article XI Section 89-66 Off-street Parking Requirements as permitted by previous variance to allow parking for 38 cars to allow the construction of a one story addition increasing build- ing coverage from 36% to 44% and reducing off-street parking to 37 cars and Article XI Section 89-70 Subsec- tion A "Off-street Loading Requirements" which requires a total of 3 off-street loading spaces to maintain one existing off-street loading space on the premises located at 1331 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 411 Parcel 119 on the grounds of practical difficulty and/or unneces- sary hardship. Mrs. Novak was represented by Mr. Edward P. Tanenbaum, an Attorney of 271 North Avenue, New Rochelle, who stated that the application was to increase the area of the existing building. Mr. Tanenbaum said the Novaks had owned the property for about 50 years and they would like to enclose what is now an open storage area. Mr. Tanenbaum, also, stated that the property has been van- dalized and is an attractive place for children to get into causing a hazardous condition. Mr. Tanenbaum fur- ther said that although the furniture is covered with plastic and canvas it is sometimes ripped off and the furniture damaged causing a problem with insurance. The applicant' s Attorney further said that the use was not being changed and they were only asking for an ex- tension of the coverage of 8%. Mr. Tanenbaum, also, said that they are eliminating only one parking space and because of the type of business only one off-street loading space is required. Mr. Tanenbaum pointed out that the plan showed two ele- vations which the Board questioned. Mr. Paonessa told the Board that the proposed initial plan would provide more or less retail sales or storage effect with glass show windows and entrance door similar to what they pre- sently have but the applicant preferred the alternate which would provide more security. The Board advised the applicant that their vote would be based on either one of the elevations but pointed out that since the application was for storage and secur- ing of the merchandise the alternate elevation would provide that type of security. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye (Alternate) Commissioner Hardesty - Aye (Alternate) Commissioner Bodkin - Aye (Alternate) Commissioner Moore - Aye (Abstained) The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mrs. Lisa Novak has submitted an appli - cation to the Building Inspector to allow the construction of a one story addition increasing the building coverage to 44%, reducing off-street parking to 37 cars and maintaining one exist- ing off-street loading space 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 VII Section 89-41 Subsection A (3) "Construc- tion Requirements for a Business District" which allows a maximum building coverage of 25%, Ar- ticle XI Section 89-66 Off-street Parking Re- quirements as permitted by previous variance to allow parking for 38 cars and Article XI Section 89-70 Subsection A "Off-street Loading Requirements" which requires a total of 3 off- street loading spaces on the premises located at 1331 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 411 Parcel 119; and WHEREAS, Mrs. Lisa Novak has submitted an ap- plication to the Board for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons: 1 . The open warehouse has been a prac- tical difficulty in that merchandise stored therein has been vandalized and pilfered. 2. Debris and garbage have been thrown into the area. 3. Children climb the wall and damage the furniture stored inside and it is a hazardous condition because it is an attractive place for children to get into. 4. Even though the furniture is covered with plastic and canvas it is sometimes ripped and torn by vandals causing damage from rain and the elements and an economic loss to the owner. 5. Because of the type of business only one loading space is necessary. 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 circum- stances 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 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 applicant is not requesting any change in use. 2. That the addition will provide for storage and security. 3. That said circumstances are such that the parti- cular application of the Ordinance with respect to Article VII Section 89-41 Subsection A (3) "Construction Requirements for a Business District" maximum building coverage allowed 25%, Article XI Section 89-66 Off-street Parking Requirements as permitted by previous vari- ance to allow for parking 38 cars and Article XI Section 89-70 Subsection A "Off-street Loading Re- quirements" which requires a total of 3 off-street loading spaces 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 mini - mal 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 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 A (3) "Construction Requirements for a Business District" maximum building coverage allowed, Article XI Section 89-66 Off-street Parking Requirements and Article XI Section 89-70 Subsection A "Off-street Loading Require- ments" be varied and modified so as to allow the construction of a one story addition hav- ing a building coverage of 44% and reducing off-street parking to 37 cars and maintaining an existing loading space on the premises lo- ,/ 1C7 cated at 1331 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 411 Parcel 119 in strict conform- ance with plans filed with the application pro- vided that the applicant complies in all other respects with the Zoning Ordinance and Build- ing 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 thre? 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 last appli- cation . APPLICATION NO. 3 - CASE 546 Application of Mr. and Mrs . Joseph Bruno for modifica- tion of Article VI Section 89-33 Subsection B (1 ) "Con- struction Requirements for a One Family R-10 Residence District" which requires a minimum front setback of 30 ft. to allow 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 Parcel 160 on the grounds of prac- tical difficulty and/or unnecessary hardship. Mr. and Mrs . Bruno appeared before the Board with their Architect, Mr. Arthur Wexler. Mr. Bruno said they had been living there for 10 years and they had two children . The applicant said that the house is small and they need extra room for Mrs. Bruno's mother who expects to come and stay with them from time to time. The applicants stated that they had utilized all the space on the second floor of the dwelling and they had three bedrooms. The applicants further said that the only way they can add an extra room is at the front of the house and they presented the Board with a letter that they had signed by four of their surrounding neighbors . Mr. Boraczek read the letter in which the Brunos said they had discussed and shown the plan of the anticipated addition to the neighbors who said they had no objection. The Board expressed concern about a large tree which was directly in front of the proposed room. Mr. Wexler said that the Brunos were also concerned about the tree and they had discussed other possibilities but the only solu- I L tion was to put the addition at the front. Mr. Wexler suggested that possibly they could get a tree expert to look at the tree and decide whether the addition would cause damage to the roots. After further discussion the Board asked the Brunos if they would be willing to obtain some advice concerning the tree and return at the next meeting with the report. The applicants agreed and the case was adjourned to the October meeting. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:15 P .M. ita A. Johnso Secretary