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HomeMy WebLinkAbout1970_12_02 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD DECEMBER 2, 1970, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The meeting was called to order by the Chairman at 8:30 P.M. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. Price H. Topping Mr. Donald D. Geary, Jr. Absent: Mr. E. Robert Wassham Mr. Henry E. Mullick Also present: Mr. William Paonessa, Building Inspector 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 informed the applicant that because only three members were present the decision would have to be unanimous and the applicants had the privilege of postponing their application to another meeting without penalty. The applicant declined to adjourn her application and the Chairman asked the Secretary to read the application. APPLICATION NO. 1 - CASE 333 Application of Mrs. Vivien Cord for modification of Article IV Section 410 Schedule of Permitted Ac- cessory Uses in an R-10 Residential District so as to permit the use of the second story of dwelling as a dance studio which is not allowed as an Access- ory Use to a one family dwelling in a Residential District on the premises located at 385 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 390 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Cord stated that she would like to give dancing lessons in her home because at the present it is necessary for her to rent a studio in Mamaroneck. The applicant stated that she would like to be at home with her two children and in addition to sav- ing rent she would save the cost of baby sitters. Mr. Cord stated that his wife had been teaching dan- cing for about 7 years and they had paid rent for tl g� an apartment and for the dance studio. The Cords had just recently bought the house and intended primarily to use it for a home and did not contem- plate making any alterations. Mrs. Cord said that she did not expect to teach more than fifteen students at a time and their ages would be from about 4 through 18. The applicant stated that she presently has about 80 students enrolled in 7 classes a week. Mrs. Cord, also, stated that the majority of children arrive in car pools and the average amount of cars arriving and departing is about four. Mrs. Cord, also, said that the only time extra parking facilities would be needed would be on Friday mornings when she has an adult class which would involve at the most six cars. The applicant, also, stated that if she was permitted to teach in her home most of the children would walk from the Murray Avenue school and it would not be necessary for the parents to drive them. The Board pointed out that it would be necessary for some changes to be made as there would have to be another stairway and the driveway would have to be altered. The Chairman stated that with the present driveway it is very difficult to come out on to Weaver Street and there was definitely a traf- fic hazard. Mrs. Cord pointed out that she was aware that there would have to be some alterations as it would be necessary to provide another bathroom and a second exit which she contemplated putting in at the exist- ing screen porch but the changes would not involve any exterior change. The applicant presented the Board with a petition signed by 11 of her neighbors giving their consent for the undertaking. Mr. Elihu Joyner of 46 Lansdowne Drive said he objected to the application as he felt that the neighborhood was a highly desirable one and if the variance was granted the property values will de- crease. Mr. Joyner stated that he also felt that the dance studio could start off with good inten- tions of having small classes but they could expand. Mr. George Quimby of 30 Lansdowne Drive said he had lived in the community for 44 years and objected to the granting of the variance as he felt it would be detrimental to the neighborhood by allowing any- thing other than residential use in the area. Mr. Quimby stated that if the variance is granted what would prevent others from wanting to repair cars I I 4(/ or do hairdressing in their home. Mrs. Pickett of 160 West Brookside Drive and Mrs. Carl Cordes of 20 Lansdowne Drive expressed their objection to the application. Mrs. Melvin Weiss of 405 Weaver Street expressed her disapproval and said that in the winter time when there is snow and ice on Weaver Street it is very dangerous and that the Cords should have rea- lized when they purchased the house that it was a residential district. The neighbors also pointed out their concern regard- ing the music and Mrs. Cord said she was unable to have a piano but would use a record player. The applicant stated that by using the record player it would be no different than if she played for her own personal enjoyment and she felt she was bringing culture to the neighborhood. The Secretary presented a letter to the Board from Mrs. Nicholas Perrin of 5 Rockland Avenue and the Chairman asked Mr. Geary to read it. Mrs. Perrin expressed her opposition to the application. After further discussion the Chairman asked for a short recess. When the Board returned a vote was taken on the application and the result was as follows: Commissioner Eggers - Nay Commissioner Topping - Nay Commissioner Geary - Nay The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mrs. Vivien Cord has submitted an application for a variance for permis- sion to use the second story of the one family dwelling as a dance studio; 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 Mamaro- neck with particular reference to Article IV Section 410 Schedule of Permitted Ac- cessory Uses in an R-10 Residential Dis- trict which does not allow a dance studio as an Accessory Use to a one family dwell- ing in a Residential District on the pre- mises located at 385 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 390; and I t S WHEREAS, Mrs. Vivien Cord has submitted to this Board an application for a vari- 1 ance on the ground of practical difficulty and/or unnecessary hardship for the fol- lowing reasons: 1. The applicant would like to conduct dance lessons in her home in order to save rent which she is now paying for a hall and the cost of baby sitters besides being able to stay at home with her two children. 2. It is Mrs. Cord's intention to teach at the most only 15 students at a time in 7 classes a week. 3. The applicant claims that if she is allowed to teach dan- cing lessons in her home most of the students will be able to walk from the Murray Avenue school and the only time it would be necessary to have extra park- ing facilities would be on Fri- day morning when she has an adult ems.. class. 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 RESOLVED, that this Board denied the ap- plication on the following grounds: 1. The applicant was aware when she purchased the house it was in a Residential District. 2. The traffic on Weaver Street is presently very heavy and if a dancing school is allowed it will increase the traffic and be hazardous. 3. There was no showing by the applicant of any practical dif- ficulty or unnecessary hardship. 4. That the facts and circum- stances claimed by the applicant to entitle her to the variance are not such as would deprive her 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 and detrimental to the public welfare. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with 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. Johns , Secretary ,1_1