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HomeMy WebLinkAbout1970_01_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JANUARY 28, 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 8:15 P.M. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. Henry Mullick Mr. Donald Geary, Jr. Absent: Mr. E. Robert Wassman 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. The Chairman explained to the applicants that again only three members were present and if the applica- tions were heard they would have to be passed unan- imously. Mr. Eggers said they had the privilege of adjourning their applications to the next meeting of the Zoning Board without penalty. The first ap- plicant, Mr. Rocco Campanelli whose case had been postponed from the previous meeting decided to have his case heard, and the Chairman asked the Secretary to read the first application. APPLICATION NO. 1 - CASE 318 Application of Mr. Rocco Campanelli for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-10 Residential District of the Zoning Ordinance so as to allow the construc- tion of a porch at the rear of the dwelling having a side yard of 5 feet and a rear yard of 10 feet in- stead of the minimum required side yard of 10 feet and a minimum required rear yard of 25 feet on the premises located at 7 Barnum Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Parcel 750 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Campanelli presented the application to the Board and said that as stated in her letter attached to the application her sister, Mrs. Senilitz is suffering with multiple sclerosis. The applicant stated that ///Z. when Mrs. Semlitz comes to stay at the Campanelli's it is sometimes impossible for her to climb stairs. The Campanelli's at the present time are able to ac- commodate Mrs. Semlitz with a bath and sleeping faci- lities on the main floor. Mrs. Campanelli said if they are allowed to construct the porch it would pro- vide a place for her sister to sit outdoors without the involvement of any stairs. The Chairman asked Mrs. Campanelli over a period of a year how many days Mrs. Semlitz spent at the Camp- anelli residence. Mrs. Campanelli said she would estimate that it was approximately thirty days in a year and that the Semlitz's had moved to Purchase to be near their relatives as Mr. Semlitz sometimes has to travel. The applicant also stated that she had attached with her application a letter from Mrs. Semlitz's Doctor. The Chairman asked the Secretary to read the letter from Dr. Max Jacobson in which he stated he had been treating Mrs. Semlitz for the past two years for multiple sclerosis and when her own family is out of town and unable to care for her she visits her sister, Mrs. Campanelli. Dr. Jacobson further stated in his letter that due to Mrs. Semlitz's condition it has always been difficult for her to negotiate the stone steps leading from the sidewalk to the en- trance level of Mrs. Campanelli's home and recently she has fallen several times. The Board pointed out that according to the present Zoning Regulations the house is nonconforming but at the time it was built it conformed to the previous Zoning Regulations. The Board also pointed out that the proposed porch will not encroach-any further at the rear yard but only in one corner where it would fill in the corner of the house and that there is presently a porch in front that was built at the same time as the dwelling. Mr. and Mrs. John Walsh of 92 East Brookside Drive appeared in opposition to the application. Mr. Walsh stated that he felt the houses were close enough at the present time and if the Board allows the construc- tion of the porch there will be only a distance be- tween the two houses of 30 feet instead of 40. The proposed porch would be on the same level as the bed- rooms in the Walsh residence and Mr. Walsh feels his privacy would be diminished. The Chairman asked Mrs. Campanelli about the entrance from the front porch. Mrs. Campanelli stated that it was quite a narrow entrance from the living room through the foyer with a step down which made it impossible for her sister to maneuver when she is in a wheel chair. After further discussion a vote was taken on the ap- plication and the result was as follows: Commissioner Eggers - Aye Commissioner Mullick - Nay Commissioner Geary - Nay The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. Rocco Campanelli has submitted an application for a building permit to the Building Inspector for the construc- tion of a porch at the rearof the dwell- ing 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-10 Residential District of the Zoning Ordinance which requires a minimum side yard of 10 feet and a minimum rear yard of 25 feet on the premises located at 7 Barnum Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Parcel 750; and WHEREAS, Mr. Rocco Campanelli has submitted to this Board an application for a variance on the groundsof practical difficulty and/ or unnecessary hardship for the following reason: The proposed porch would provide a place for the applicant's sister to sit outdoors when she stays at the Campanelli home as the sister is unable to climb stairs because she is suffering from multiple sclerosis. 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 denies the ap- plication on the following grounds: 1. That there were no special circumstances or conditions ap- plying 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. 2. That the facts and circum- stances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land. 3. 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. The Chairman asked the Secretary to read the next application. APPLICATION NO. 2 - CASE 320 Application of Mr. and Mrs. J. K. Hartman, Jr. for modification of Article IV, Section 421.4, Fences and Walls of the Zoning Ordinance which restricts heights of fences to 4 feet so as to allow the in- stallation of 165 linear feet of 6' high wood stock- ade fence along a portion of the northerly and west- erly property line on the premises located at 15 Althea Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 106 Parcel 376 on the grounds of practical difficulty and/or unnecess- ary hardship. Mr. Robert Crozier, an Architect, of 41 Elm Place, Rye, New York represented Mr. and Mrs. Hartman and said that the applicants wanted to modify the appli- cation and ask for less than 100 linear feet of fence at the rear of the property line. Mr. Crozier stated that the Hartman's wanted the 6 ft. fence because the grade drops off 3 to 4 feet from the terrace level and a 4' fence would not offer privacy. The Chairman said that he had been out to look at the property and that the property was the highest in the neighborhood. Mr. Eggers stated that the Zoning Board did not consider privacy a point of hardship and if hemlocks were put in they would pro- vide sufficient privacy. At present the Hartman's have not moved into the house as the property is being renovated. After further discussion the Board and the applicant decided that the application would be held over until the next meeting of the Zoning Board on February 25, 1970 and Mr. Crozier requested that members of the Board meet him at the site before the meeting. The Chairman asked the Secretary to read the third application. APPLICATION NO. 3 - CASE 321 Application of Mr. Thomas Guglielmo for modification of Article IV Section 445 "Building on Lots of less than the Required Size" and Article IV Section 410 Schedule of Residence District Regulations for an R-6 Residential District of the Zoning Ordinance so as to allow the construction of a one family dwell- ing on an existing lot having a depth of 85.14 feet and a lot area of 4425 sq. ft. instead of the required minimum depth of lot of 100 ft. and required minimum lot area of 5000 sq. ft. on the premises located at 111 Laurel Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 423 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Thomas Guglielmo was respresented by Mr. Anthony F. Vitetta, an Attorney of 444 East Boston Post Road, Mamaroneck, who presented members of the Board with his petition for a Zoning variance. Mr. Vitetta stated that Mr. Guglielmo had acquired the entire parcel originally in 1955 and due to dif- ficulty in obtaining a description the lot was not subdivided until March 1959 which was previous to the present Zoning Regulations. The lot in question was recorded in the Westchester County Clerk's Office on March 12, 1959 in Liber 5891 at page 184. Accord- ing to the old Zoning Regulations on the lot in ques- tion 1/10 of an acre was required for the construc- tion of a one family dwelling, side yards of 6 feet and a rear yard of 15% of the entire depth of the lot. The lot in question is approximately 52 x 85 and is close in size to all the other lots on Laurel Avenue. Mr. Vitetta pointed out that Mr. Guglielmo's residence adjacent to the lot in question has a 72' frontage which is more than any of the lots in the vicinity. The proposed dwelling meets all of the requirements for residential districts with respect to front yard, rear yard, side yard and floor area regulations and the sole factors involved are lot depth and lot area. Mr. Vitetta pointed out that it was impossible to obtain additional land to make the lot conform. The Board pointed out that Laurel Avenue is to be extended but the road at present does extend to Mr. Guglielmo's property and there is access to the pro- perty in question. Mr. Moss of 61 Myrtle Boulevard stated that his only objection to the application was the problem of water going on to his property but Mr. Guglielmo promised to take care of it. After a brief discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Mullick - Aye Commissioner Geary - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Thomas Guglielmo has submitted an application to the Building Inspector for a building permit for the construction of a one family 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 Article IV Section 445 "Building on Lots of Less than the Required Size" and Article IV Section 410 Schedule of Residence District Regulations for an R-6 Residential District of the Zoning Ordinance which provides for a lot area of 5000 square feet and a depth of lot of 100 feet on the premises located at 111 Laurel Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 423; and WHEREAS, Mr. Thomas Guglielmo has submitted to this Board an application on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. The lot was in single and separate ownership prior to the adoption of the present Zoning Ordinance. 2. The proposed dwelling meets all of the requirements for resi- dential districts with respect to front year, rear yard, side yard and floor area requirements but lacks the required depth and lot area. WHEREAS, this Board has examined the plans and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board grants the ap- plication on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land/or building for which a variance is sought, which circumstances and/or conditions are peculiar to such 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 Zoning Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. At the time the property was purchased it conformed to the Zoning Regulations and the applicant bought the property as two building lots. 2. It is not possible to obtain any additional land to make the lot conform. 3. The proposed dwell- ing would meet all other area requirements. 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 deprive the applicant of the reasonable use of such land and/or building and that for these reasons the grant- ing of the variance 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 pur- pose. (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 445 "Building on Lots of less than the Required Size" and Article IV Section 410 be varied and modified so as to allow the construction of a one family dwelling on a lot having a depth of 85.14 feet and a lot area of 4425 square feet on the premises located at 111 Laurel Ave- nue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 423 in strict conformance with the plans filed with this application and amended, provided that the applicant com- plies in all other respects with the Zon- ing Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Board where a variance is granted the ap- plicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. A 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. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:00 P. . -2.,c/Le a:/y