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HomeMy WebLinkAbout1973_03_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MARCH 28, 1973, IN THE COURT HOUSE AT 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. 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 Absent: Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of February 28, 1972 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 pub- lication of the notice of hearing. Mr. Eggers announced that the Board had made a deci- sion on the application of Mr. Frank Guadagnolo Case 372 which had been heard at a Special Meeting on February 8, 1973. The Chairman stated that the application was denied. The following Resolution was therefore duly adopted: WHEREAS, Mr. Frank Guadagnolo has submitted an application for a building permit to the Building Inspector for the construc- tion of a seven story, non-conforming apart- ment building and off-street parking facil- ity on a parcel of land Zoned OB-2 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 Uses in an Office Building District" and Article IV Section 400.1 "Conformance Required for all Land and Buildings" of the Zoning Ordinance which does not permit an apart- ment building on a parcel of land zoned OB-2 on the premises located at 2 Garfield Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 148; and WHEREAS, Mr. Frank Guadagnolo 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: There are practical difficulties and unnecessary hardship in the way of carrying out the strict letter of the ordinance in that the primary use contemplated in OB-2 District, the construction of an office building, is prohibited by restrictive covenants and the alternative uses permitted are not feasible, economically or otherwise. 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 for the following reasons: The subject parcel containing approximately 21 acres is bounded on the north and east by an area of well-to-do one family resi- dences. On the south the area is bounded by a Town maintained and owned greensward which acts as a buffer between the subject parcel and the apartment houses built further to the south. On the westerly side the property adjoins Madison Avenue, a pri- vate street, which separates it from a commercial area. In the decision rendered by Justice Dillon of the Supreme Court, Westchester County dated February 16, 1968 in a matter entitled Frank Guadagnolo against Board of Appeals, Town of Mamaroneck, the Judge ruled that this Board CIS had the power to grant a vari- ance. The Judge gave as his authority Section 267 of the Town Law and specifically cited the case of Otto V. Steinhilber, 282 N.Y.71. The Judge directed that this Board entertain peti- tioner's application and went on to relate that the require- ments of the above set forth decision would have to be sat- isfied before a use variance could be granted. The Court of Appeals in the Steinhilber case set down the rigid test which must be met by a petitioner before a use variance can be granted, namely that the record must show that "(1) The land in question can not yield a reason- able return if used only for the purposes allowed in that zone; (2) that the plight of the owner is due to unique cir- cumstances and not to general conditions in the neighborhood which may reflect the unreason- ableness of the zoning ordinance itself; and (3) that the use to be authorized by the variance will not alter the essential character of the locality." We are cognizant that in discharg- ing our duties as a Board of Appeals we are required to render a decision based upon proof and not opinion. With this in mind, we find that the applicant has failed to demonstrate that the return from the property would not be reasonable for each and every use permitted under the ordinance. We do not believe that this particular property suffers from any particular dis- advantage. The Board feels that the applicant was aware of the restrictions imposed on the land at the time he purchased the property and that the owner has not shown sufficient proof of hardship. In addition we find that the change in use sought by this applicant would not only alter the essential character of the locality, but would in- deed have a detrimental effect on the surrounding residential properties in the area. For all of the above the application is in all ways denied. 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 appli- cation. APPLICATION NO. 1 - CASE 374 Application of Mr. Thomas J. Salb for modification of Article IV Section 450.4 "Off-street Parking Re- quirements" which requires a minimum of 4 off-street parking spaces for proposed accessory use (psychia- trist office) and Article IV Section 455.2 "Layout and Location of Off-street Parking Facilities" which requires a minimum setback distance of 25 feet from the front property line. Proposed plan will provide for 1 space located at the front of the property having a setback of 0 feet on the premises located at 28 Colonial Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 120 Par- cel 275 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. Salb, the applicant, stated that he was in the process of selling his house to Dr. Berlin who wants to have an office in the basement of the dwelling. The applicant pointed out that the house is on a lot 180' x 100' while the other residences on the block are on lots 60' x 100' . Mr. Salb said that the present driveway will provide for one car and Dr. Berlin wants to widen the present driveway to accommodate another car. The Chairman pointed out that the variance was being requested for permission to provide for one extra car instead of four and to construct the off-street parking space with a setback of 0 feet instead of the minimum required setback of 25 feet from the front property line. Mr. Eggers stated that accord- ing to the Zoning Ordinance a doctor's office was a permitted accessory use, and the proposed parking space was adjacent to the present driveway. Dr. Berlin, the prospective purchaser of the property said that he was a child Psychiatrist and would pro- bably have only one patient an hour. Dr. Berlin explained that in most cases the parents drop the children off and pick them up. Dr. Berlin further stated that he felt that four off-street parking spaces was in excess and that to add the additional parking spaces would aesthetically change the char- acter of the area. The following neighbors appeared: Mr. Nathaniel Allan 20 Colonial Avenue Mr. and Mrs. Lester Tepley 32 Mrs. Walter Frommer 16 " Mr. and Mrs. Frank Clemens 89 " Mrs. M. L. Thompson 81 Mr. Eric Dreyfuss 18 " The neighbors all expressed concern that a doctor's office was permitted in a residential area but all seemed to be of the opinion that if it was allowed they preferred not to have the four required park- ing spaces and approved Dr. Berlin's plan to extend the driveway instead of placing the parking area the required 25' setback. A question was also raised as to whether at some future time the four parking spaces could be added and the Chairman pointed out that the parking area could be enlarged if they were located the required 25' from the property line with- out a variance. 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 The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Thomas J. Salb has submitted an application for a building permit to allow the construction of one off-street parking space located at the front 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 Mamaro- neck with particular reference to Article IV Section 450.4 "Off-street Parking Require- ments" and Article IV Section 455.2 "Lay- out and Location of Off-street Parking Facilities" which requires a minimum of 4 off-street parking spaces located a mini- mum distance of 25 feet back from front property line on the premises located at 28 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Parcel 275; and WHEREAS, Mr. Thomas Salb 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 the prospective pur- chaser is a Psychiatrist and only anticipates one patient an hour four parking spaces is in excess. 2. The addition of four park- ing spaces would aesthetically change the character of the 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 buildings for which a variance is sought, which circumstances and/or con- ditions are peculiar to such land and/or buildings in the district and which circumstances have not resulted from any acts of the applicant subsequent to the date of the Zoning Regula- tions appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. Because of the nature of the proposed accessory use, four off-street parking spaces would be excessive. 2. The additional parking space adjacent to the present drive- way would be more eco- nomical and aestheti- cally more desirable. (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 450.4 "Off-street Parking Re- quirements" and Article IV Section 455.2 "Layout and Location of Off-street Parking Facilities" be varied and modified so as to allow the construction of one park- ing space located at the front of the property having a setback of 0 feet on the premises located at 28 Colonial Ave- nue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Parcel 275 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. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:15 P.M. , ( ( 7- / Rita A. Johnson, Secretary