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HomeMy WebLinkAbout1973_06_06 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JUNE 6, 1973, IN THE AUDITO- RIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGE- WOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The meeting was called to order by the Chairman at 8:20 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 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 asked the Secretary to read the first application. APPLICATION NO. 1 - CASE 379 Application of Mr. Joseph Garofalo for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-7.5 Residential District of the Zoning Ordinance sc as to allow the construc- tion of a one story addition at the rear of the dwell- ing having a minimum side yard of 5.5 feet instead of the required minimum side yard of 10 feet on the premises located at 61 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcel 256 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Joseph Garofalo presented his application to the Board and stated that because of the size of his family they were in need of more room. The ap- plicant said that the rooms are small throughout the entire house. It was pointed out that the house was built prior to zoning and the addition would not encroach into the side yard any further than the existing side yard. The Board questioned Mr. Garofalo as to the finish of the proposed addition and the applicant said that the stucco would match the present construction. 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 Commissioner Boraczek - Aye Commissioner Hardesty - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Joseph Garofalo has submitted an application for a building permit to the Building Inspector for the construc- tion of a one story addition at the rear of the dwelling having a minimum side yard of 5.5 feet 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 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 feet on the premises located at 61 Murray Ave- nue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcel 256; and WHEREAS, Mr. Joseph Garofalo 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. Because of the size of his family the applicant needs more room. 2. The present living room is too small and the applicant is in need of a large family room. 3. Because of the location of the existing driveway and garage there is no other place to con- struct the addition. 4. The proposed addition will not encroach any further on the existing side yard. 5. There is a park adjacent to the proposed addition and no im- mediate neighbors will be affected. 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 as follows: 1. That the addition will not extend any further than the exist- ing side yard. 2. That said circum- stances or conditions are such that the particular applica- tion of the Ordinance with respect to Article IV Section 410 would deprive the applicant of the reasonable use of the 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 building and that the variance 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 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 Schedule of Residence Dis- ( cLcL6 trict Regulations for an R-7.5 Residential District of the Zoning Ordinance so as to allow the construction of a one story addition at the rear of the dwelling hav- ing a minimum side yard of 5.5 feet on the premises located at 61 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Par- cel 256 in strict conformance with plans filed with this application provided that the applicant complies in all other res- pects with the Zoning Ordinance and Build- ing 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 next application. APPLICATION NO. 2 - CASE 380 Application of Vermilion Building Corp. for modifi- cation of Article IV Section 410 Schedule of Resi- dence District Regulations for an R-TA District and Article IV Section 455 Layout and Location of Off- street parking facilities at the northwesterly side of the property which will reduce the usable open area on the premises located at 2 Washington Square and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 599 on the grounds of practical difficulty and/or unnecessary hardship. The applicant was represented by Mr. William P. Widul- ski of 37 Malvern Lane, Scarsdale, New York,who stated that the proposed plan would provide for 9 additional parking spaces. Mr. Widulski said the proposed parking facilities would make the building more con- forming as the building at present does not have sufficient parking but adversely it would diminish the sor.called open area. It was pointed out that the house was built just before the present zoning which requires 111 parking spaces for each unit and when the apartment was built it was conforming. It was also pointed out that the present off-street parking facilities provide for 54 spaces. The Chairman questioned about the lighting and Mr. Widulski stated that there was a street light in the area and also lights from the building. Mr. Eggers stated that adequate lighting should be pro- vided. 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 Commissioner Boraczek - Aye Commissioner Hardesty - Aye The application was therefore approved and the fol- lowing Resolution duly adopted: WHEREAS, Vermilion Building Corp. has sub- mitted an application for a building per- mit to the Building Inspector to allow the construction of additional off-street parking facilities at the northwesterly side of the property 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 410 Schedule of Residence Dis- trict Regulations for an R-TA District and Article IV Section 455 Layout and Lo- cation of Off-street parking facilities which requires a minimum of 200 sq. ft. of usable open space per dwelling unit on the premises located at 2 Washington Square and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 599; and WHEREAS, Vermilion Building Corp. has sub- mitted to this Board an application for a variance on the ground of practical dif- ficulty and/or unnecessary hardship for the following reasons: 1. Additional off-street park- ing is urgently needed for the tenants as there is not sufficient parking in the area and overnight parking in the street is illegal. 2. Present off-street parking only provides for 54 spaces. 3. The proposed plan will increase conformity required by the Zoning Ordinance. 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 are peculiar to such land and/or building 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 the aforesaid circum- stances and/or conditions are as follows: 1. When the proposed dwelling was built it was conforming. 2. There is not suf- ficient parking for the tenants of the building. (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 Residence Dis- trict Regulations for an R-TA District and Article IV Section 455 Layout and Lo- cation of Off-street Parking Facilities so as to allow the construction of addi- tional off-street parking on the premises located at 2 Washington Square and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 599 in strict conformance with plans filed with this application, subject to the following con- dition, provided that the applicant com- plies in all other respects with the Zon- ing Ordinance and Building Code of the Town of Mamaroneck: That adequate lighting be provided. 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 third application. APPLICATION NO. 3 - CASE 381 Application of Mr. Bryan Doherty 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 68.11 feet instead of the minimum required frontage of 85 feet and a rear yard of 20 feet in- stead of the minimum required rear yard of 30 feet on the premises located at Dillon Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Parcel 471 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Doherty presented his application to the Board and stated he had acquired the parcel in question about three years ago. The applicant said that the lot had more than ample area and due to a Westches- ter County sewer easement and driveway easement he had decided on the proposed location for the house. Mr. Doherty said that because he wanted to keep the house away from the sewer easement he was in viola- tion in the rear yard. It was pointed out that it was part of the Master Plan for the Premium Point Area that Dillon Road would become a Town street and the Town would request Mr. Doherty to grant an easement along with the property acquired from Mr. Garito. Mrs. Phyllis Wittner of 6 Pheasant Run said she was not opposed to the application but said that previously they had requested Dillon Road be widened and raised as there is a very dangerous curve. It was pointed out that at the time Mr. Mauro built his house at 21 Pryor Manor Road he had given a 10 ft. slope ease- ment to the Town and the Chairman advised that a letter had been received from the Planning Board requesting that the Zoning Board ask Mr. Doherty to grant a 15 ft. easement along the frontage on Dillon Road for future highway improvements. The applicant stated that he would agree to the 15 ft. easement. Mr. Eggers questioned Mr. Doherty as to why he could not situate the house 5 ft. forward and the appli- cant said he wanted to stay away from the County sewer easement. Mr. Joseph Minniti, an Attorney of 100 Mamaroneck Avenue, Mamaroneck, New York who represented Mr. and Mrs. Gene Sogioka of 49 Dillon Road, stated that the applicant leased to his clienta driveway ease- ment. A question was raised as to whether Mr. Doherty at some future time would subdivide the remaining pro- perty and Mr. Doherty said he had applied to the Planning Board but the Board wanted him to put in 230 ft. of roadway which was economically not feas- ible. The applicant said he was only interested in building one house at the present time for his own use. Mr. Doherty pointed out that he had acquired the land in 1970 from his father and in 1960 a piece of land had been offered to Mr. Sogioka. The appli- cant stated that his lawyer had advised him for legal purposes to charge rent for the right-of-way. The Chairman stated that the problem between Mr. Doherty and Mr. Sogioka had no bearing on the application and Mr. Eggers requested a short recess. When the Board returned a vote was taken on the application and the result was as follows: Commissioner Eggers - Nay Commissioner Wassman - Aye Commissioner Geary - Aye Commissioner Boraczek - Nay Commissioner Hardesty - Nay The application was therefore denied and the follow- ing Resolution duly adopted: i " WHEREAS, Mr. Bryan Doherty has submitted an application for a building permit to the Building Inspector to allow the con- struction of a one family dwelling on a lot having frontage of 68.11 feet and a rear yard of 20 feet 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-10 Residen- tial District which requires a minimum frontage of 85 feet and a minimum rear yard of 25 feet on the premises located at Dillon Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 504 Parcel 471; and WHEREAS, Mr. Bryan Doherty 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 is unable to acquire additional land to meet the frontage requirements because the adjacent property is owned by the Town of Mamaroneck. 2. The location of the proposed dwelling is due to a Westchester County Sewer easement and a drive- way easement to an interior lot. 3. The proposed building lot was acquired at a later date and kept in a single and separate ownership. 4. The applicant has more than the required lot area. 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: ( djl 1. If the applicant moved the proposed dwelling 5 ft. forward it would not be necessary to obtain a variance. 2. That since the lot has been in single and separate ownership the frontage requirement is not the minimum standard for lot frontage. 3. 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. 4. 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. 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. The Chairman asked the Secretary to read the last application. APPLICATION NO. 4 - CASE 382 Application of Dr. Barry Singer for modification of Article IV Section 410 Schedule of Permitted Accessory Uses in a Residential District of the Zoning Ordinance so as to allow the construction of a family swimming pool to be located in the side yard 13 feet from side property line instead of the required minimum side yard of 15 feet and a separation distance of 10 feet from the dwelling instead of the required 15 feet on the premises located at 39 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315 Parcel 144 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. A. Poccia of 1056 Mamaroneck Avenue, who is the builder, represented Dr. Singer and stated that the property in the rear has a steep slope to the pond. Mr. Paonessa said the Planning Board when they approved the subdivision had designated what was to be known as the side, front and rear yards and where the pool was to be located was the side yard. Mr. Poccia stated that due to the topography of the lot the proposed site was the most logical and that the type of pool the applicants wanted could not be placed in the rear yard. Mr. Poccia pointed out that if the pool was placed in the rear yard it would have to be put on stilts and that the adjoining pro- perty at the proposed location is owned by the Town and used as an open area. After further discussion 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 granted and the fol- lowing Resolution duly adopted: WHEREAS, Dr. Barry Singer has submitted an application for a building permit to the Building Inspector to allow the con- struction of a family swimming pool to be located in theside yard 13 feet from side property line and a separation dis- tance of 10 feet from 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 Article IV Section 410 Schedule of Permitted Ac- cessory Uses in a Residential District which requires a minimum required side yard and a separation distance of 15 feet on the premises located at 39 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315 Par- cel 144; and WHEREAS, Dr. Barry Singer 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: !' L 1. Because of the topography of the lot the proposed site was the most logical. 2. There is a steep slope at the rear and the side yard ad- joins property owned by the Town which is used as an open area. 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. Because of the steep slope at the rear the pool has to be placed in the side yard. 2. The side yard ad- joins the Town Park Area and private pro- perty will not be af- fected. (b) 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 Ac- cessory Uses in a Residential District of the Zoning Ordinance so as to allow the construction of a family swimming pool having a side yard of 13 feet from side property line and a separation dis- tance of 10 feet from the dwelling on the premises located at 39 Country Road and in strict conformance with plans filed with this application provided 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 9:40 P.M. Rita A. Johnson, Secretary IV )4