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.
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-Rita A. Johnson Secretary
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