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HomeMy WebLinkAbout1971_07_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 28, 1971, IN THE COURT ROOM OF THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARO- NECK. 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. Price H. Topping Mr. Donald D. Geary, Jr. Absent: Mr. George P. K. Ching Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the Special Meeting of May 20, 1971 were presented and on motion duly made and seconded, approved 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 345 Application of Mr. and Mrs. George I. Basile for modification of Article IV Section 410 Schedule of Residence District Regulations for an R-10 Residen- tial District and Article IV Section 400.4 "Subdiv- isions of a lot" of the Zoning Ordinance so as to allow the construction of a one family dwelling hav- ing a lot area of 6625 sq. ft. instead of the required minimum lot area of 10,000 sq. ft. , lot frontage and width of 52 ft. instead of the required minimum lot frontage and width of 85 ft. , side yard of 8 ft. instead of the required side yard of 10 ft. , total of both side yards of 18 ft. instead of the required minimum of both side yards of 25 ft. , floor area of 896 sq. ft. instead of the required minimum floor area of 900 sq. ft. on the premises located at 47 West Garden Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 218 part of Parcel 149 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Basile presented his application to the Board and stated that since they purchased the property in 1952 the three parcels (20, 144 and 149) were considered separate lots. The applicants said he had separate tax bills to show and that at the time he had bought the property they were considered build- able lots. Mr. Basile said at the time the area was rezoned they were led to believe they were still buildable lots and when the area was reassessed they were still told the same story. The applicant said he had plans to retire in the next year or two and financially as well as physi- cally their present house is too large. Mr. Eggers questioned about the garage that is already on the parcel in question and the garage on the lot where the Basile's have their present house. Mr. Basile said they use both garages for their own use. The Chairman pointed out that there were five variances involved in the application. The applicant stated that it was a very difficult piece of property to work with and they had tried to come up with the most practical design. Mr. Bas- ile thought they could possibly make the required floor area of 900 square feet instead of the proposed plan of 896 square feet. Mr. Topping asked the approximate dimensions of each of the lots owned by Mr. and Mrs. Basile. The exist- ing dwelling is on a lot approximately 95x150, par- cel 144 is approximately 50x140 and the lot on which Mr. Basile proposes to build is about 40x165. It was pointed out that all three lots are in the same name and all were buildable lots at the time they were purchased. Mr. Eggers asked Mr. Wassman to read a letter that had been delivered to the Court Room from Mr. Wil- liam G. Massey, Jr. of 290 Weaver Street. Mr. Mas- sey stated in his letter that he and Mrs. Massey wanted to go on record in favor of the application. Mr. Philip S. Campbell of 49 West Garden Road whose property is adjacent to the proposed dwelling said he opposed the application and presented the Board with a survey he had obtained from a Title Company showing his property and the property in question. Mr. Campbell said that when he purchased his house in 1953 he had been told by various people, primar- ily, real estate offices that the lot in question was not a buildable lot and he presently has his house up for sale but that in all fairness to any prospective buyers he informed them of the applica- tion that was pending. Mr. Campbell stated that the fact they are leaving and he is opposing the application demonstrates that they are not using / / opposition to force Mr. Basile to sell the lot. Mr. Joseph Rigano of 15 Mardon Road questioned Mr. Basile as to who had told him at the time of the rezoning and reassessment that he had two buildable lots. Mr. Thomas F. McEvily, Jr. of 50 West Garden Road expressed his objection and stated that the proposed house would depreciate the value of his property and the neighborhood. Mr. William Van Ravensburg of 61 West Garden Road said he opposed the application and felt it would not be in keeping with the general standards of the other homes in the neighborhood. Mrs. Peterson of 40 West Garden Road expressed her opposition and Mr. Carl Schork of 53 West Garden Road said his property was next to Mr. Campbell's and if the proposed house was built beyond Campbell's terrace it would stick out like a "sore thumb" and would definitely decrease the value of his property. Mr. Basile said they did not want to build anything that was not in keeping with the neighborhood and Mr. Pierre Richau of Westport, Connecticut, Mr. Bas- ile's Architect said that he had designed the plan for the proposed house in keeping with the area. Mr. Basile stated that after the property was rezoned he was aware that if he wanted to build he would have to make application for a variance. Mrs. Basile said that she felt they had always maintained their property and upgraded rather than downgraded the area. Mrs. Basile stated that they had a big in- vestment in the property and they did not feel that the proposed house would destroy the value of the area. 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 fol- lows: Commissioner Eggers - Nay Commissioner Wassman - Nay Commissioner Topping - Nay Commissioner Geary - Nay The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. and Mrs. George I. Basile have submitted an application for a building permit to the Building Inspector for the construction of a one family dwelling on 7 a lot having a lot area of 6625 sq. ft. , a lot frontage and width of 52 ft. , a side yard of 8 ft. and a total of both side yards of 18 ft., a floor area of 896 sq. ft. 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 410 Schedule of Residence Dis- trict Regulations for an R-10 Residential District and Article IV Section 400.4 "Sub- divisions of a lot" of the Zoning Ordinance which requires a minimum lot area of 10,000 sq. ft. , a minimum required lot frontage and width of 85 ft. , a minimum required side yard of 10 ft. , minimum required total of both side yards of 25 ft. and a minimum required floor area of 900 sq. ft. on the premises located at 47 West Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 part of Parcel 149; and WHEREAS, Mr. and Mrs. George I. Basile have submitted to this Board an application for a variance on the ground of practical dif- ficulty and/or unnecessary hardship for the following reasons: 1. At the time the applicant purchased the property in 1952 they were considered buildable lots. 2. The applicant plans to retire in the next year or two and fin- ancially as well as physically their present house is too large. 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. The subdivision of the lot would create a lot containing less than the minimum area re- quirements for lots located in residential districts. 2. The location and size of the house would adversely affect the dwellings in the immediate area. 3. 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. 4. 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. John on, Secretary