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HomeMy WebLinkAbout1971_02_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD FEBRUARY 24, 1971, 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 8:15 P.M. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. E. Robert Wassman Mr. Donald D. Geary, Jr. Absent: Mr. Price H. Topping 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 pub- lication of the notice of hearing. Mr. Eggers explained to the applicants that because only three members were present the decision would have to be unanimous and the applicants had the pri- vilege of postponing their applications to another meeting without penalty. The applicants declined to adjourn their cases and the Chairman asked the Secretary to read the first application. APPLICATION NO. 1 - CASE 335 Application of Dr. Kenneth E. Kalmanson for modifi- cation of Article IV Section 450.4 "Off-street Park- ing Requirements" and Section 455.2 Layout and Loca- tion of Off-street Parking Facilities of the Zoning Ordinance which requires four additional parking spaces located a minimum distance back of front lot line of 25 feet as an Accessory Use to a dental office located in a Residential District so as to permit the parking of two cars in the present driveway within 25 feet of front property line on the premises located at 109 Laurel Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 428 on the grounds of practical difficulty and/or unnecessary hardship. Dr. Kalmanson was represented by his uncle, Mr. Sam- uel J. Kalmanson, an Attorney, of 253 Huguenot Street, New Rochelle, New York. Mr. Kalmanson stated that Dr. Kalmanson had purchased the property recently and would like to have his dental i197 office in his home which was permitted by the Zoning Ordinance. Mr. Kalmanson said that according to the Zoning Regulations it was necessary to provide for 4 parking spaces for a dental office and Dr. Kalmanson's present driveway is approximately 14' wide and it would be only possible to accommodate two cars. The applicants pointed out that Laurel Avenue is a dead end street and is not a main thoroughfare. Dr. Kalmanson plans to have only one patient at a time and his schedule would be for each patient to be from about 1/2 hour to 3/4 of an hour apart. Mr. Kalmanson, also, stated that Dr. Kalmanson had expended a lot of money for putting in one or two small partitions in his basement and did not know it was necessary to get permission until the Build- ing Inspector had notified them not to do any more work until they obtained a permit. The Chairman pointed out that there was definitely a hardship involved in that there was no way to get four cars in the driveway. Mr. Eggers stated that there was approximately 36 feet from Dr. Kalmanson's garage door to his property line and asked the ap- plicant what the garage was being used for at pre- sent. Dr. Kalmanson said that presently the gar- age was being used for storage and that he intended to clean it out. After a brief discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Geary - Aye The application was therefore granted and the fol- lowing Resolution was duly adopted: WHEREAS, Dr. Kenneth W. Kalmanson has sub- mitted an application so as to permit the parking of two cars in the present drive- way within 25' of front property line to- gether 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 450.4 "Off-street Parking Re- quirements" and Section 455.2 Layout and Location of Off-street Parking Facilities which requires four additional parking spaces located a minimum distance back r I 'q of front lot line of 25 feet as an Access- '- ory Use to a dental office on the premises located at 109 Laurel Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 428; and WHEREAS, Dr. Kenneth Kalmanson has sub- mitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Present driveway is only adequate for parking two cars. 2. Only one patient will be served at a time. 3. Temporarily the office in question will be Dr. Kalmanson's only source of income. 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. Additional off- street parking cannot be provided on the parcel. 2. Because Laurel Avenue is a dead end street and not a main thoroughfare and Dr. t l l Kalmanson intends to have only one patient at a time traffic will not be adversely affected. 3. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV Section 450.4 "Off- street Parking Require- ments" and Section 455.2 Layout and Location of Off-street Parking Facilities would deprive the applicant of the reasonable use of land and/or buildings and that for these reasons the granting of the variance is necessary for the reasonable use of the land and/or build- ing and that the variance as granted by this Board is the minimum adjustment that will accomplish this purpose. 4. That the granting of this variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV Section 450.4 "Off-street Parking Re- quirements" and Section 455.2 Layout and Location of Off-street Parking Facilities so as to permit the parking of two cars in the present driveway within 25 feet of the front property line instead of pro- viding for four additional parking spaces located a minimum distance back of front lot line of 25 feet as an Accessory Use to a dental office located in a Residen- tial District on the premises located at 109 Laurel Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 428 in strict confor- / �vo mance with plans filed with this applica- tion and amended, provided that the appli- cant 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 second application. APPLICATION NO. 2 - CASE 336 Application of Mr. Werner Polak for modification of Article IV Section 410 (Note A) Schedule of Resi- dence District Regulations for an R-10 Residential District of the Zoning Ordinance so as to allow the enclosure of the existing terrace at the northeast corner of the existing dwelling on a corner lot hav- ing a front setback of 21 feet from Little Farms Road and 23'9" from Ellsworth Road instead of the required minimum setback of 30' from both streets on the premises located at 22 Little Farms Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 212 Parcel 98 on the grounds of prac- tical difficulty and/or unnecessary hardship. Mr. Polak presented his application to the Board and stated that the terrace which they want to en- close was at one time the entrance to the house but was closed off and moved to Ellsworth Road. The applicant stated that there is presently a parapet all around the terrace which collects water when it rains and snow and ice in the Winter. Mr. Polak said that the rain and water have seeped into the floor of the terrace and damaged the walls of the foundation of the house and the ceiling of the gar- age. The applicant said that they have been advised that if the terrace is not covered there will be permanent damage to the foundation and the ceiling of the garage and that sealers have not worked. Mr. Polak stated that in addition the enclosure will extend a very small narrow den which is only 9'8" 7 / 19'4" and because they have two children they can use the extra space. The applicant, also, stated that there is no other location for an addition and the enclosure will not extend any further than the present building. Mr. Polak, also, said that by finishing the terrace they will make use of the old entrance which has been blocked off since about 1930 and is good only for storage. Finally, Mr. Polak stated that he was sure the neighbors would be relieved as the present struc- ture is an eyesore and faces the street side of the house. In addition, the applicant said the terrace is structurally useless and aesthetically offensive and they would welcome the addition to the dwelling. Mr. Robert W. Horling of 54 Ellsworth Road said he felt the enclosure would improve the neighborhood and he was aware of Mr. Polak's problems with leak- age. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Geary - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Werner Polak has submitted an application for a building permit to the Building Inspector for the enclosure of the existing terrace having a front set- back of 21 feet from Little Farms Road and 23'9" from Ellsworth Road 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 Mamaro- neck with particular reference to Article IV Section 410 (Note A) Schedule of Resi- dence District Regulations for an R-10 Resi- dential District of the Zoning Ordinance which requires a minimum front setback of 30' from both streets on the premises lo- cated at 22 Little Farms Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 98; and WHEREAS, Mr. Werner Polak has submitted to this Board an application for a vari- ance on the ground of practical difficulty and/or unnecessary hardship for the follow- ( .7 v ing reasons: 1. Because the terrace at pre- sent collects water, snow and ice which has seeped into the floor and damaged the walls of the foundation of the house and the ceiling of the garage. 2. The enclosure will extend the den and make a larger room which the Polak's can use as they have two children. 3. There is no other place for an addition and the terrace is structurally useless and aestheti- cally offensive. 4. The present structure is an eyesore and faces the street side of the house. 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 subse- quent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. That the enclosure will not extend any further than the pre- sent building. 2. There is no other location for an addi- tion and at present the terrace is struc- turally useless and aesthetically offen- sive. 3. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV Section 410 (Note A) would deprive the applicant of the reason- able use of land and/ or buildings and that for these reasons the granting of the var- iance is necessary for the reasonable use of the land and/ or building and that the variance as granted by this Board is the minimum adjustment that will accomplish this purpose. 4. 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 (Note A) Schedule of Resi- dence District Regulations for an R-10 Residential District of the Zoning Ordi- nance so as to allow the enclosure of the existing terrace having a front setback of 21' from Little Farms Road and 23'9" from Ellsworth Road on the premises located at 22 Little Farms Road and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 212 Parcel 98 in strict con- formance with plans filed with this appli- cation and amended, provided 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 I 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 next application. APPLICATION NO. 3 - CASE 337 Application of Mr. Joseph Cummings for modification of Article IV Section 410 Schedule of Residence District Regulations for an R-7.5 Residential Dis- trict of the Zoning Ordinance so as to allow the construction of an attached one story garage at the easterly side of the dwelling having a side yard of 6' instead of the minimum required side yard of 10' on the premises located at 255 Barnard Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 129 Parcel 2 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Cummings presented his application to the Board and stated that it is not possible for him to extend the present garage because the den is located at the rear of the present garage. Mr. Cummings said he would like to construct the garage to make room for their extra car and have a small area for stor- ing garden tools and furniture. Presently the ap- plicant said it is necessary to leave the car out and he feels that this is objectionable to the neigh- bors. Mr. Cummings stated that the new garage will be 1% feet wider than the present garage and 23 feet long and they will replace any shrubbery that it is necessary to remove. The Board requested that it may be made part of the application appropriate screening and shrubbery be replaced. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Geary - Aye j�os The application was therefore granted and the fol- lowing Resolution duly adopted: } WHEREAS, Mr. Joseph Cummings has submitted an application for a building permit to the Building Inspector for the construc- tion of an attached one story garage at the easterly side of the dwelling having a side yard of 6' 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 Mamaro- neck with particular reference to Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-7.5 Residential District of the Zoning Ordinance which requires a minimum side yard of 10' on the premises located at 255 Barnard Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 129 Par- cel 2; and WHEREAS, Mr. Joseph Cummings 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 existing dwelling has only a small attached one car garage and it is necessary to leave one car out. 2. Because of the plan of the dwelling there is no other lo- cation where the garage could be constructed without undue hardship. 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/or conditions ap- plying to the land and/or build- ing for which a variance is sought, which circumstances and/or con- tIO (o ditions have not resulted from any acts of the applicant sub- sequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. There is no other location for the gar- age without causing undue hardship. 2. 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 land and/or build- ing and that the vari- ance as granted by this Board is the minimum adjustment that will accomplish this purpose.. 3. That the granting of this variance is 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 Residential District of the Zoning Ordinance so as to allow the construction of an attached one story garage at the easterly side of the dwelling having a side yard of 6' in- stead of the minimum required side yard of 10' on the premises located at 255 Bar- nard Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 129 Parcel 2 in strict conformance with plans filed with this application and a- mended, subject to the following condition, provided that the applicant complies in all other respects with the Zoning Ordi- nance and Building Code of the Town of Mamaroneck: That the applicants replace appropriate screening and shrub- bery. 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. OLD BUSINESS - MONTEREY REALTY COMPANY The Secretary had presented members of the Board with a copy of a letter that had been sent to Mr. Paonessa from Mr. Munn Brewer, the Attorney, who had represented the Monterey Realty Company's appli- cation for the construction of a two story roof pri- vate parking garage at 16 North Chatsworth Avenue. Mr. Brewer had requested that the Resolution which had been passed by the Board at its meeting of Octo- ber 28, 1970 be amended. The applicants had requested thatthe words "storage, care" be deleted from Para- graph "2" on Page "2" of the Resolution as they felt it could be interpreted to mean that the owners could not charge the tenants of Unit "B" for the storage or care of their motor vehicles. Mr. Brewer said in his letter that Paragraph "1" requires that the garage be used exclusively for tenants of Unit "B". Mr. Brewer, also, pointed out in his letter that there appears to be a "typo" error in Paragraph "3" on Page 2 and the word should be "approved" instead of "improved". The Board discussed Mr. Brewer's request and after a brief discussion decided that Paragraph 2 Page 2 be changed to read as follows: 2. That no part of the structure be used for the storage, care, except for the tenants of Unit "B" known as no. 16 North Chats- worth Avenue, or repair or painting of motor vehicles for remuneration, includ- ing any sale of motor vehicle accessories, fuels and lubricants. f The Board, also, decided that the word "improved" in Paragraph 3 should read "approved". The Chairman requested that the Secretary retype the Resolution stating that it is an "amended" Reso- lution and a certified copy be sent to Mr. Brewer. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 8:50 P.M. 7, ), i Rita A. Johnson Secretary C 1 v8 (i