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HomeMy WebLinkAbout1973_11_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD NOVEMBER 28, 1973, IN THE COURT HOUSE, 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. Pobert Wassman Mr. Donald D. Geary, Jr. Mr. Andrew W. Boraczek Absent: Mr. Eebert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meetings of October 3 and October 24, 1973 were presented and on motion duly made and seconded, approved as submitted. PUBLIC HEARINC 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 asked the Secretary to read the first ap- plication which had been adjourned from the last meet- ing. APPLICATION NO. 1 - CASE 395 Application of Mr. Roy Borrelli for modification of Article IV Section 410 Schedule of Permitted Accessory Uses in a Pesidential District to allow the construc- tion of an in ground swimming pool located 10 ft. from the dwelling instead of the minimum required 15 ft. on the premises located at 15 South Drive and known on the Tax Assessment Map of the Town of Mama- roneck as Block 108 Parcel 107 on the grounds of prac- tical difficulty and/or unnecessary hardship. The Chairman requested Mr. Paonessa to explain the question that had been raised at the previous meet- ing in reference to the fence being in violation. Mr. Paonessa and Mr. Eggers had visited the site and the Building Inspector said that because of the grade of the lot the fence in some spots was more than the required 4 ft. Mr. Borrelli stated that the rear of his property 1 .J (/ is higher and that if he located the pool the required 15 ft. it would be necessary to cut into the rock ledge at the southwesterly corner of the lot. The applicant said that the property of his neighbor who objected to the fence was 7 ft. behind the retaining wall and the top of the fence at some points is 2 or 3 ft. above ground level. Mr. Eggers asked Mr. Borrelli if he had added a layer of stone at the rear on the retaining wall and fill on top but the anpli- cant said it was like that when he purchased the house. After further discussion a vote was taken on the ap- plication and the result was as follows: Commissioner Eggers - Ave Commissioner Wassman - Aye Commissioner Geary - Aye Commissioner Boraczek- Ave The application was therefore approved and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Roy Borrelli has submitted an application for a building permit to the Building Inspector to allow the con- struction of an in ground swimming pool located 10 ft. 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 Zonin' Ordinance of the Town of Mama- roneck with particular reference to Arti- cle IV Section 410 Schedule of Permitted Accessory Uses in a Residential District which requires the pool be located 15 ft. from the dwelling on the premises located at 15 South Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108 Parcel 107; and WHEREAS, Mr. Roy Borrelli 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 reason: If the pool was located in con- formance with the Swimming Pool Ordinance it would require the removal of the ledge rock at the southwesterly corner of the lot. 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 circumstances and conditions applying to the land and/or building for which a variance is sought, which circumstances and/or conditions have not re- sulted from any acts of the applicant subsequent to the date of the Zoning pegulations appealed from. (b) That the said circumstances and/or conditions are as fol- lows: 1. If the pool was constructed in com- pliance with the Swim- ming Pool Ordinance it would require the re- moval of rock. 2. If the pool was located the required 15 ft. there would be a sheer drop in the rear to the property below. 3. That the height of the existing fence is permissible for the installation of a family swimming pool. (c) That the granting of this variance will be in harmony with the general purposes and intent of this Ordinance and will not be incurious to the neighborhood orotherwise detri- mental 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 so as to allow the construction of an in ground swimming pool located 10 ft. from the dwelling on the premises located at 15 South Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108 Parcel 107 in strict conform- ( j ( ance with the plans filed with this ap- plication 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 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 397 Application of Mr. Arthur J. Wexler for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-7.5 Residential District to allow the construction of a two story addition to the rear of the dwelling having a minimum rear yard of 10 ft. instead of the minimum required rear yard of 25 ft. on the premises located at 17 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Parcel 472 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Wexler presented the Board with photographs and stated that with his application he had submitted a letter which he wanted made part of the record. In his letter the applicant gave his reasons for asking for the variance. Mr. Wexler said in his letter that they had bought the small four room house in 1970 and at that time it was adenuate for their needs as a young family with one small child. The applicant further stated in his letter they would like to enlarge their family and after their Years of living in the neighborhood they are faced with two alternatives of either moving to a larger house or adding usable space to the present house. Mr. Wexler, also, said in his letter that after looking for a larger house which because of rising costs is out of reach they decided to add space to the present house and being an Architect himself he had given considerable thought to the problems of add- ing an addition without destroying the integrity of the existing structure or the surrounding area. ( 7 The applicant, also, said in his letter that the proposed location was the only feasible site to build without violating the front yard renuirements; as the rest of the property has a steep rock outcron- ping. In conclusion, Mr. Wexler said in his letter that the addition will add approximately 150 sq. ft. to the area of the first floor which at present has only 450 snuare feet and according to the nre- sent Zoning requirements he is allowed 800 sn. ft. Mrs. Howard English of 192 Rockingstone Avenue whose property adjoins the lot in ouestion at the rear was concerned about where the addition was to be built and wondered whether a tree at the back of the lot was to be removed. It was pointed out that English's garage is at the rear property line and Mrs. English questioned as to how the addition would affect her garage and wall. Mr. Wexler assured Mrs. English he did not intend to remove any rock. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Ave Commissioner Geary - Aye Commissioner Boraczek - Aye The application was therefore approved andthe fol- lowing Resolution duly adonted: WHEREAS, Mr. Arthur J. Wexler has submitted an application for a building permit to the Building Inspector to allow the con- struction of a two story addition at the rear of the dwelling having a minimum rear yard of 10 ft. together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the n_rounds 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 which requires a minimum rear yard of 25 ft. on the premises located at 17 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Parcel 472; and WHEREAS, Mr. Arthur J. Wexler has submitted to this Board an application for a variance on the ground of practical difficulty and/ or unnecessary hardship for the following reasons: 1. The proposed location is the only feasible site to build • without violating the front yard requirements because of the steep rock outcropping. 2. The house at present only has an area of 450 sa. ft. on • the first floor and the present requirements allow 800 sq. ft. 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 circumstances and conditions applying to the land and/or building for which a variance • is sought, which circumstances and/or conditions have not re- • sulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. • (b) That the said circumstances and/or conditions are as fol- • lows: 1. Because of the topography of the lot • the proposed location is the only feasible • site. • 2. The house at pre- sent on the first floor • has only 450 sq. ft. of floor area and ac- • cording to the present zoning the applicant • is allowed 800 sa. ft. • (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-7.5 Pesidential District so as to allow the construction of a two story addition at the rear of the dwelling having a minimum rear yard of 10 ft. on the premises located at 17 Valley Poad and known on the Tax Assessment Man of the Town of Mamaroneck as Block 115 Par- cel 472 in strict conformance with the 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 Pules 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 ofthe Town Law. The Chairman asked the Secretary to read the last application. APPLICATION NO. 3 - CASE 398 Application of Mr. Thomas Cuglielmo for modification of Article IV Section 410 Schedule of Regulations for Non-Residential Districts which restrict the maximum building coverage to 25% to allow a n ad- dition to a commercial building creating a build- ing_ coverage of 32% with off-street narking faci- lities for 17 cars on the premises located at 626 Fifth Avenue and known on the Tax Assessment Man of the Town of Mamaroneck as Block 132 Parcel 61 on the grounds of nractical difficulty and/or un- necessary hardshin. Mr. Anthony Vitetta, an Attorney of 444 East Bos- ton Post Road, Mamaroneck, represented the appli- cant, Mr. Thomas Guglielmo and stated that his client's tenant needs additional space. Mr. Vitetta said that the applicant proposed to add an additional three offices and lavatories and the addition will separate the service area from the sales. Mr. Vitetta pointed out that financially the addi- tion is necessary as his client cannot ask for as high rent on Fifth Avenue in comparison with other choicer locations. Mr. Eggers asked about the parking and it was Pointed rS�8o out that the proposed 17 snaces is the minimum re- quirement under the present zoning for the proposed use. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Ave Commissioner Wassman - Ave Commissioner Geary - Aye Commissioner Boraczek - Ave The application was therefore approved and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Thomas Cuglielmo has submitted an application for a building permit to allow the construction of an addition to a commercial building creating a building coverage of 32% with off-street parking facilities for 17 cars 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 as Block 132 Parcel 61; and WHEREAS, Mr. Thomas Guglielmo has submitted to this Board an application for a variance on the ground of practical difficulty and/ or unnecessary hardship for the following reasons: 1. Proper utilization of the premises due to its configura- tion requires the modification requested. 2. The size proposed is the optimum required. 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 fro m. (b) That the said circumstances and/or conditions are as fol- lows: 1. The addition and use of the property will conform with the area. 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 the land and/or build- ings and that for these reasons the granting of the variance is nec- essary for the reason- . able use of the land and/or building and that the variance as granted by this Board is the minimum adjust- ment that will accom- plish this purpose. 3. That the granting of this variance is in harmony with the gen- eral purposes and in- tent of. this Ordinance and will not be injur- ious to the neighbor- hood or otherwise detri- mental 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 Regulations for Non-Residential Districts so as to allow the construction of an addition to a commercial building creating a build- inc coverage of 32% with off-street park- ing facilities for 17 cars on the premises located at 626 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 61 in strict conformance with the clans filed with this application provided that the �e5 • • 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 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.M. • • • • ✓Rita A. Johnson, Secretary • • • • • • • • • • li • • • •