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HomeMy WebLinkAbout1972_04_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD APRIL 26, 1972, IN THE COURT ROOM OF THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The meeting was called to order by the acting Chair- man, Mr. E. Robert Wassman at 8:15 P.M. ROLL CALL Present: Mr. E. Robert Wassman, Acting Chairman Mr. Donald D. Geary, Jr. Mr. Andrew W. Boraczek Absent: Mr. Richard F. Eggers Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of March 22, 1972 were presented and on motion duly made and seconded, ap- proved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Sec- retary presented for the record the affidavit of publication of the notice of hearing. Mr. Wassman asked the Secretary to read the first application which had been adjourned from the meet- ing of March 22, 1972. The Chairman explained to the applicants that because only three members were present the decision would have to be unanimous and the applicants had the privi- lege of adjourning their applications to another meeting without penalty. APPLICATION NO. 1 - CASE 353 Application of Mr. Daniel and Mr. Biagio Zarrilli for modification of Article IV Section 410 Schedule of Permitted Uses in an R-7.5 Residential District of the Zoning Ordinance so as to allow the construc- tion of an accessory garage structure to park two trucks incidental to a non-conforming nursery busi- ness on the premises located at 144 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Parcel 1 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Frank Gagliardi, an Attorney, who represented ;7 3 � to the applicants, Mr. Daniel and Mr. Biagio Zarrilli, asked to confer with his clients and requested the Board to adjourn the application until a later meet- ing when a full Board could be present. Mr. Wass- man advised Mr. Gagliardi that it was very difficult to predict when a full Board would be present. The Chairman asked the Secretary to read the next application. APPLICATION NO. 2 - CASE 354 Application of Dr. Nicholas Marsh for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-7.5 Residential District of the Zoning Ordinance so as to allow the construc- tion of an addition at the rear of the dwelling hav- ing a minimum side yard of 5.0 feet instead of the minimum required side yard of 10 feet on the premises located at 72 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117 Parcel 221 on the grounds of practical difficulty and/or unnecessary hardship. Dr. Marsh presented his application to the Board and stated that he had made some changes in his orig- inal plan that had been denied by the Board at a hearing held on February 23, 1972. The applicant said that the addition on the original plan would have projected 25 feet and he had now reduced this to 12 feet. Dr. Marsh said he had taken Mr. Eggers suggestion to use a hip roof and that the proposed garage instead of being for two cars would now pro- vide for only one car. The applicant stated that his reasons for wanting the variance were the same as stated in his previous application. Mr. George Carl of 76 North Chatsworth Avenue the neighbor most affected by the proposed addition who had objected to the previous application on the ground that his view would be cut off at the rear of his property appeared and stated that he had reviewed the new plan and was very satisfied. The Chairman asked if there was any correspondence in reference to the application and the Secretary said that no new correspondence had been received at this time but a letter had been submitted at the previous hearing from Mr. Robert B. Piesinger of 70 North Chatsworth Avenue stated that he had no objection to the proposed addition. Mr. Wassman requested that the letter from Mr. Piesinger be filed with the revised application. After further discussion a vote was taken on the application and the result was as follows: Commissioner Wassman - Aye Commissioner Geary - Aye Commissioner Boraczek - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Dr. Nicholas Marsh has submitted an application for a building permit to the Building Inspector for the construc- tion of an addition at the rear of the dwelling 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 Ordinance of the Town of Mama- roneck with particular reference to Arti- cle IV Section 410 Schedule of Residence District Regulations for an R-7.5 Residen- tial District of the Zoning Ordinance which requires a side yard of 10 feet on the premises located at 72 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117 Parcel 221; and WHEREAS, Dr. Nicholas Marsh has submitted to this Board an application for a variance on the ground of practical difficulty and/ or unnecessary hardship for the following reasons: 1. Present garage is too small to accommodate a large car. 2. The applicant needs a stor- age closet on the first floor to use for their vacuum cleaner, waxer, etc. 3. There is no bathroom or powder room on the first floor which is an inconvenience. 4. Since the applicant's fam- ily is growing they need a fam- ily room because the sunroom cannot be used in the winter. WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this applica- tion after publication of a notice thereof, NOW, THEREFORE, BE IT 11 RESOLVED, that this Board granted the application on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land and/or build- ing for which a variance is sought, which circumstances and/or con- ditions are peculiar to such land and/or buildings in the district and which circumstances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: ].. That the proposed addition will be lo- cated so as to main- tain adequate light, air and privacy to adjoining properties. 2. That the proposed addition has been re- designed and located so as to project only 12 feet instead of the 25 feet originally requested. (c) That the granting of this variance will be in harmony with the general purposes and intent of this Ordinance 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 a pplicant and that Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-7.5 Residential District of the Zoning Ordinance be varied and modified so as to allow the construc- tion of an addition at the rear of the dwelling having a minimum side yard of 5.0 feet instead of the minimum required side yard of 10 feet on the premises lo- cated at 72 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117 Parcel � (1 221 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 build- ing permit shall be void if construction is not started within six months and com- pleted 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 third application. APPLICATION NO. 3 - CASE 355 Application of Mr. and Mrs. Carlo Ventimiglia for modification of Article IV Section 410 Schedule of Residence District Regulations for an R-6 Resi- dential District of the Zoning Ordinance so as to allow the construction of an addition at the rear of the dwelling having a minimum side yard of 6 feet instead of the minimum required side yard of 8 feet and a minimum rear yard of 14 feet instead of the minimum required rear yard of 25 feet on the premises located at 24 Senate Place and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 112 Par- cel 5$5 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. and Mrs. Ventimiglia presented their application to the Board and stated that because of the topogra- phical conditio n of the lot they have very little basement area. Mr. Ventimiglia said they have three boys and they need the additional room for living area and storage for bicycles, etc. The applicants said they bought the house about three years ago when they had two boys and knew the situation but the price was "right". The Chairman questioned about the finish of the pro- posed addition and Mr. Ventimiglia said they intended to match the wood shingles that are presently there and to change the roof to a "hip" type roof. Mr. Leo Aptekar of 21 Senate Place stated that he had no objection to the proposed addition. After further discussion the Chairman asked for a short recess to discuss the application. When the Board returned a vote was taken on the application and the result was as follows: Commissioner Wassman - Aye Commissioner Geary - Aye Commissioner Boraczek - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. and Mrs. Carlo Ventimiglia have submitted an application for a build- ing permit to the Building Inspector for the construction of an addition at the rear of the dwelling 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 Ordinance of the Town of Mama- roneck with particular reference to Art- icle IV Section 410 Schedule of Residence District Regulations for an R-6 Residen- tial District of the Zoning Ordinance which requires a side yard of 8 feet and a rear yard of 25 feet on the premises located at 24 Senate Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 585;and WHEREAS, Mr. and Mrs. Carlo Ventimiglia have submitted to this Board an applica- tion for a variance on the ground of prac- tical difficulty and/or unnecessary hard- ship for the following reasons: 1. Additional living area is required for applicant's grow- ing family. 2. Because of the topographical conditions of the lot there is no other place for the addition. 3. At present there is only a partial basement and the ap- plicant is in need of storage area. 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 ap- plication on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land and/or buildings for which a variance is sought, which circumstances and/or con- ditions are peculiar to such land and/or buildings in the district and which circumstances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. Because of the topography of the lot the proposed location is the only space avail- able for the addition. (c) That the granting of this variance will be in harmony with the general purposes and intent of this 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 to the applicant and that Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-6 Residential District of the Zoning Ordinance be varied and modified so as to allow the construc- tion of an addition at the rear of the dwelling having a minimum side yard of 6 feet instead of the minimum required side yard of 8 feet and a minimum rear yard of 14 feet instead of the minimum required rear yard of 25 feet on the pre- mises located at 24 Senate Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 585 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 build- ing permit shall be void if construction is not started within six months and com- pleted 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 application. APPLICATION NO. 4 - CASE 356 Application of Mr. Albert Dorsey for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-7.5 Residential District of the Zoning Ordinance so as to allow the construc- tion of a second story addition over the existing garage having a side yard of 6.7 feet instead of the minimum required side yard of 10 feet on the premises located at 28 Lester Place and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 130 Par- cel 136 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. Albert Dorsey presented his application to the Board and stated that he wanted to build the addition over the existing garage to provide for additional living area because of his growing family. The ap- plicant pointed out that the existing one car garage encroaches 6.7 feet and the addition will not be ex- tending the encroachment. Mr. Paonessa, the Building Inspector pointed out that the dwelling had been a non-conforming two family house but it has now been changed back to a one fam- ily. Mr. Wassman asked the applicant if the outside finish would match the present stucco and it was pointed out that the builder intended to use the same finish as presently exists. After further discussion a vote was taken on the ap- plication and the result was as follows: Commissioner Wassman - Aye Commissioner Geary - Aye Commissioner Boraczek - Aye The application was therefore granted and the follow- ing Resolution duly adopted: 1 i >> WHEREAS, Mr. Albert Dorsey has submitted ,... an application for a building permit to the Building Inspector for the construction of a second story addition over the exist- ing garage 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 Ordinance of the Town of Mama- roneck with particular reference to Arti- cle IV Section 410 Schedule of Residence District Regulations for an R-7.5 Residen- tial District of the Zoning Ordinance which requires a side yard of 10 feet on the pre- mises located at 28 Lester Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 130 Parcel 136; and WHEREAS, Mr. Albert Dorsey has submitted to this Board an application for a variance on the ground of practical difficulty and/ or unnecessary hardship for the following reasons: 1. Additional living area is required for applicant's grow- ing family. 2. The proposed second story addition will not increase the present non-conformity. 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 ap- plication on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land and/or buildings for which a variance is sought, which circumstances and/or con- ditions are peculiar to such land and/or buildings in the district and which circumstances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. The proposed second story addition will not extend any further than the present build- ing. (c) That the granting of this variance will be in harmony with the general purposes and intent of this 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 to the applicant and that Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-7.5 Residen- tial District of the Zoning Ordinance be varied and modified so as to allow the construction of a second story addi- tion over the existing garage having a side yard of 6.7 feet instead of the min- imum required side yard of 10 feet on the premises located at 28 Lester Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 130 Par- cel 136 in strict conformance with plans filed with this application provided that the applicant complies in all other res- pects 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 three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if con- struction 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. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:15 P.M. Rita A. Johnso ,Secretary I 2,1: