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HomeMy WebLinkAbout1972_02_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD FEBRUARY 23, 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 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 APPROVAL OF MINUTES The minutes of the meeting of December 1, 1971 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. The Chairman asked the Secretary to read the first application. APPLICATION NO. 1 - CASE 351 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 4.0 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. Mr. Eggers asked the applicant whether he was con- sidering amending the filed plans. Dr. Marsh replied that he had thought of changing the plan but had not revised the drawings to show the changes. The Chairman informed the applicant that he could file revised plans at the next regular meeting but the Board would have to hear the case based on the plans as filed and the Board would be the sole judge as to whether any modification to the plan at this hear- ing would require a new hearing. Dr. Marsh agreed to have his case heard based on the application and plans as submitted. Dr. Marsh stated that the dwelling was built in 1925 and the garage at present is too small for the large cars in use today and he needs space for two cars. Presently the applicants two cars are constantly in the driveway or the back yard and the present garage is used for storage because of the difficulty of getting in and out. The applicant said there is no powder room on the first floor of the residence and no closet for stor- age of their vacuum cleaner, waxer, etc. Dr. Marsh, also, stated that since his family is growing they need a family room which according to the plan would be off the kitchen. The applicant stated the sun room is too cold to use in the winter. Dr. Marsh pointed out that since he purchased the house about three years ago he has made extensive improvements to the kitchen and at that time he had not thought of making any other additions to the house. The applicant,also, pointed out that he could move the addition over but it would involve tearing down some of the improvements he had made in the kitchen which he feltwas his greatest hardship. The Board pointed out that when the house was built the side yard setback was acceptable but because of the shape of the lot the addition would increase the non-conformity to 4' at the back of the proposed addition. The Board asked Dr. Marsh what he intended to use his present garage for if the variance is granted. The applicant said they would probably continue to use it for storage. The Board, also, questioned as to whether the foundation would be the same and Dr. Marsh said it would remain the same. The applicant said he also had plans to landscape. Dr. Marsh presented the Board with a letter from his neighbor, Mr. Robert B. Piesinger, 70 North Chats- worth Avenue. Mr. Piesinger said in his letter he wanted to go on record as having no objection to the construction of the proposed addition at the rear of Dr. Marsh's residence. Mr. George Carl, 76 North Chatsworth Avenue, whose residence is on the other side of Dr. Marsh, appeared and stated that he felt he was the one most affected by the proposed addition. Mr. Carl said he certainly sympathizes with Dr. Marsh's problems with his gar- age and not having a closet and bathroom on the first floor but by Dr. Marsh extending the addition to the rear his view will be cut off and this was his only objection. Mr. Carl said that in the nice weather they live out on their screened porch and if the variance is granted they will be facing a wall. / ;go 3 Mr. Carl, also, stated that Dr. Marsh had done a lot of work to improve his house but if the variance was granted the value of Mr. Carl's property will be impaired. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Nay Commissioner Wassman - Nay Commissioner Geary - Nay Commissioner Boraczek- Aye Commissioner Hardesty- Nay The application was therefore denied and the follow- ing 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 pre- mises 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 closet on the first floor to use for their vacuum cleaner, waxer, etc. 3. There is no bathroom or pow- der 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 application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board denied the ap- plication on the following grounds: 1. That the proposed addition would create a non-conforming side yard of 4 feet. 2. That the proposed addition could be redesigned and located to maintain adequate light, air and privacy to adjoining properties. 3. That there were no special circumstances or conditions applying to the land for which the variance is sought, which circumstances or conditions are peculiar to such land and which do not apply generally to land in the district. 4. That the facts and circum- stances claimed by the appli- cant to entitle him to the var- iance are not such as would deprive him of the reasonable use of the land. 5. That the granting of the variance would not be in har- mony with the general purposes and intent of this Ordinance and would be injurious to the neighborhood 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. The Chairman asked the Secretary to read the next application. APPLICATION NO. 2 - CASE 352 Application of Mr. Frank Micelli for modification of Article IV Section 410 Schedule of Permitted Uses in a "B" Business District of the Zoning Or- dinance so as to allow the construction of a con- . ( 3 0 \I tractor's garage and office to store and maintain contractor's equipment and buses located on the easterly side of Valley Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131 Parcels 36, 40 and 45 on the grounds of prac- tical difficulty and/or unnecessary hardship. Mr. Francis Auletta, an Attorney of 243 Mamaroneck Avenue, represented Mr. Micelli and stated that the Board had given Mr. Micelli a variance on May 27, 1970 for the storage and parking of contractor's equipment on a parcel of land 50' x 100' . Mr. Auletta said that Mr. Micelli had levelled the land and put up a fence. Later Mr. Micelli purchased another 25 feet and just recently purchased additional land. Mr. Micelli now owns three parcels and has a lot 150 feet in frontage and 100 feet in depth and wants to construct a one story building 50' x 75' to be used for a contractor's garage and office to store and maintain contractor's equipment and buses. Mr. Auletta pointed out that the surrounding area is being used for Light Industry even though it is zoned for Business and that the use contemplated would not be injurious to the neighborhood or detri- mental to the public welfare. Mr. Eggers pointed out that the request for a vari- ance was based only on usage and that his only con- y`" cern was in regard to the noise from the buses. Mr. Micelli said that he intended to repair the buses in the garage and if necessary he would store them in the garage,too. The applicant said that at present there are 17 vehicles stored on his pro- perty but when they have a job the equipment is left on the job site until the job is completed and that only about 4 or 5 cars used by his employees might be parked on the property. Mr. Wassman questioned as to whether the use and maintenance of equipment and buses would come under the requirements of a Special Permit subject to the approval of the Town Board. The Board, also, questioned the applicant as to whether he was going to install any gas pumps and Mr. Micelli said he only intended to use the pumps for his own equipment. Mr. Eggers told the appli- cant that if he intended to repair and maintain other equipment such as buses which are not inci- dental to his business it would be considered a Special Use category and would need a Special Per- mit from the Town Board. Mr. Auletta presented the Board with a petition signed by several of the adjoining property owners approving the application and stated that his client would amend his plan and application to only include ( 30� the construction of a garage for the storage and maintenance of equipment incidental to his contract- ing business. After further discussion the Board decided to vote on the application to allow a garage to be used as a contractor's establishment and for the storage of the applicant's equipment incidental to his con- tracting business. A vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Nay Commissioner Geary - Aye Commissioner Boraczek- Aye Commissioner Hardesty- Aye The application was therefore approved and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Frank Micelli has submitted an application to allow the construction of a contractor's garage and office to store and maintain contractor's equipment and buses located in a "B" Business Dis- trict together with plans; and WHEREAS, the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular refer- ence to Article IV Section 410 Schedule of Permitted Uses in a "B" Business Dis- trict which does not permit a contractor's garage and office in a "B" Business Dis- trict on the premises located on the eas- terly side of Valley Place and known on the Tax Assessment Map of the Town of Mama- roneck as Block 131 Parcels 36, 40 and 45; and WHEREAS, Mr. Frank Micelli 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 applicant has purchased additional land for the purpose of constructing a garage and office to provide a place to store, maintain and repair his heavy equipment and conduct a business from. 2. In order to facilitate the construction of the building � � o7 and to use the lot the applicant intends to use the proposed build- ing to store and maintain school buses. 3. That the proposed building and use of the property will be in keeping with the surround- ing neighborhood. WHEREAS, this Board has examined the plans, reviewed the application as amended and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board finds the fol- lowing: (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 are peculiar to such land and/or buildings and do not apply generally to the land and/or buildings in the district and which circumstances and 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 said circumstances and/or conditions are as follows: 1. That the property has been used for the storage of equip- ment used in connec- tion with the appli- cant's business. 2. That similar con- tractor's establish- ments are located in the area. 3. That the construc- tion of an office and garage to maintain the applicant's equip- ment would be inciden- tal to the existing permitted use. (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 Permitted Uses in a "B" Business District of the Zoning Ordinance so as to allow the construction of a contractor's garage and office to store and maintain contractor's equipment incidental to his contracting business on the premises located on the easterly side of Valley Place and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 131 Parcels 36, 40 and 45 in strict conformance with the plans filed with this application and amended, pro- vided 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 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 9:30 P.M. ,. C k 6 Rita A. Johnson, Secretary /'o 7