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HomeMy WebLinkAbout1972_08_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD AUGUST 23, 1972, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. E. Robert Wassman Mr. Donald D. Geary, Jr. Mr. Andrew W. Boraczek Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of July 26, 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. Eggers asked the Secretary to read the applica- tion. APPLICATION NO. 1 - CASE 364 Application of Mr. Paolo DeVivo for modification of Article IV Section 410 Schedule of Permitted Uses in a "B" Business District and Article IV Section 440.3 Non-Conforming Use of Building to permit al- terations and addition to the existing dwelling for the purpose it was originally designed and used for as a two family residence on the premises located at 2429 Boston Post Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 505 Par- cel 135 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. DeVivo, the applicant was represented by Mr. Thomas Fanelli, an Attorney of 271 North Avenue, New Rochelle, who stated that the premises were origi- nally used for a two family house with kitchen facili- ties on the second floor. The house subsequently had been converted to a one family house and the kitchen on the second floor was taken out but the rough plumbing is still there to cover the sewer, water and gas. Mr. Fanelli said that there will be an addition and because of the structural change it is necessary to obtain a building permit. The property is presently zoned for business and therefore does not comply at this time with the Zoning Ordinance. Mr. Fanelli, also, stated that the surrounding property is either used for two, three or four family homes or commer- cial purposes and the lot in question because of its topography is not good for commercial use. Mr. Fanelli pointed out that Mr. DeVivo intended to invest between 30 or 35 thousand dollars and the ad- dition would in no way detract from the neighborhood. After further discussion a vote was taken on the ap- plication and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Geary - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye The application was therefore granted and the follow- ing Resolution duly adopted: WHEREAS, Mr. Paolo DeVivo has submitted an application to the Building Inspector for a building permit to alter and add to the existing dwelling for the purpose it was originally designed and used for as a two family residence 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 Article IV Section 410 Schedule of Permitted Uses in a "B" Business District and Article IV Section 440.3 Non-Conforming Use of Building of the Zoning Ordinance which does not permit a two family house in a Business District on the premises located at 2429 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 505 Parcel 135; and WHEREAS, Mr. Paolo DeVivo has submitted to this Board an application for a vari- ance on the ground of practical difficulty and/or unnecessary hardship for the fol- lowing reasons: 1. The dwelling when it was first constructed was used as a two family dwelling. 2. The property because of its topography is not suitable for commercial use. 3. The addition will in no way detract from the neighborhood. 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 building for which a variance is sought, which circumstances and/or con- ditions have not resulted from any acts of the applicant sub- sequent to the date of the Zon- ing Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. The property is not suitable for com- mercial purposes because of the topography. 2. The house was origi- nally designed and used for a two family dwelling. 3. The addition and alterations will bene- fit the neighborhood. 4. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV Section 410 would de- prive the applicant of the reasonable use of the land and/or build- ings and that for these reasons the granting of the variance is necessary for the reason- able use of the land and/or building and that the variance as granted by this Board is the minimum adjust- ment that will accomp- lish this purpose. 5. That the granting of this variance is in harmony with the general purposes and intent of this Ordi- nance 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 to the applicant and that Article IV Section 410 Schedule of Permitted Uses in a "B" Business District and Article IV Section 440.3 Non-Conforming Use of Building of the Zoning Ordinance so as to allow the alteration and addition to the existing dwelling and to permit the use as a two family dwelling on the pre- mises located at 2429 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Par- cel 135 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 8:30 P.M. i tt," (,et__ _ -Rita A. Johnson Secretary \\410 i