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HomeMy WebLinkAbout1973_10_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD OCTOBER 24, 1973, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by Mr. E. Robert Wassman, the Acting Chairman, at 8:15 P.M. ROLL CALL Present: Mr. E. Robert Wassman, acting Chairman Mr. Donald D. Geary, Jr. Mr. Andrew W. Boraczek Mr. Egbert R. Hardesty Absent: Mr. Richard F. Eggers 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. Mr. Wassman asked the Secretary to read the first application. APPLICATION NO. 1 - CASE 393 Application of Mr. and Mrs. H. Werner for modifica- tion of Article IV Section 410 Schedule of Residence District Regulations for an R-20 Residential District so as to allow the construction of a one family resi- dence and enclosed family swimming pool having a rear yard of 15 feet instead of the minimum required rear yard of 40 feet on the premises located at 3 Hilltop Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 228 Parcel 75 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Herbert Werner presented his application to the Board and showed the members pictures of his present home at 777 Fenimore Road. The applicant stated that before he had purchased the property in question from Mr. Dubilier the sale was consumated on the basis of the variance being granted and the application had been approved with the amendment that the build- ing be located a minimum of 5 ft. back from the pro- perty line without extending any further in the rear. Mr. Werner said that after he had purchased the pro- perty and obtained cost appraisals they decided to build a smaller house than the one shown on the ori- ginal plan. The applicant said that the new plan showed the same boundary lines as the original plan but the pool would be enclosed. Mr. Werner pointed out that his hardship was in the shape, topography and unusual access to the lot and that the house they planned to build is designed to fit into the existing topography of the lot. Mr. Werner's Architects, Mr. Finn and Mr. Jenter were present to answer any questions and the Chairman in- vited the neighbors to come up and look at the pro- posed plan. Mr. Hermino Traviesas of 5 Hilltop Road said that although he hated to lose the beauty of the property he feels Mr. Werner is trying hard to build a house to adapt itself to the unusual piece of property. Mrs. Dubilier of 1 Ridgeway Road said she reiterated all that Mr. Traviesas said and although she will miss the woods she knows that Mr. Werner will build a beautiful house. Mr. Joseph Someck of 11 York Road said they were the only property owners who would be directly affected by Mr. Werner's request and that they did not under- stand why the house could not be located on the lot so that a variance would not be required. Mr. Someck presented a letter to the Board signed by Mrs. Someck which was read by Mr. Wassman. Mrs. Someck said in her letter that they objected to the variance because they did not like the idea of a house being built 15 feet from their property line and feels it will deteriorate the value of their property. Mrs.Someck, also stated in her letter, that her second reason for objecting was the unusual large area of blacktop which will be very close to their property and an eyesore when they sit on their terrace. 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 Wassman - Aye Commissioner Geary - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye The application was therefore approved and the fol- lowing Resolution duly adopted: WHEREAS, Mr. and Mrs. H. Werner have sub- mitted an application for a building per- mit to the Building Inspector to allow the construction of a one family residence and enclosed family swimming pool having a rear yard of 15 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-20 Residential District which requires a minimum rear yard of 40 feet on the premises located at 3 Hilltop Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 228 Parcel 75; and WHEREAS, Mr. and Mrs. H. Werner have 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. The applicant's hardship is because of the shallow depth of the lot, the topography and the unusual access to the lot. 2. The house the Werners intend to build is designed to fit into the existing topography 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 cir- cumstances and conditions apply- ing to the land and/or building for which a variance is sought, which circumstances and/or condi- tions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regula- tions appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 1. The lot was an approved building site as shown on the Sub- division Map of Sound- view Woods Section 3. 2. The lot has limited frontage and access due to existing Town parcel along Hilltop Road. 3. The lot has shallow depth and the topography of the lot restricts the location of the proposed dwelling. (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-20 Residential District of the Zoning Ordinance so as to allow the construction of a one family dwelling and enclosed family swimming pool having a rear yard of 15 feet on the premises located at 3 Hilltop Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 228 Par- cel 75 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 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. The Chairman asked the Secretary to read the next application. APPLICATION NO. 2 - CASE 394 Application of Mr. Joseph Rizzotto for modification of Article IV Section 421.4 Walls and Fences which restricts the height of walls and fences in a Resi- dential District to 4 ft. so as to permit the construc- tion of a 5'6" high wall in the front yard and Article IV Section 455.2 Layout and Location of Off-street ( J ( � Parking which requires that unenclosed parking fac- ilities be developed 25 ft. back of front property line so as to allow off-street parking facilities in the front yard of the property having 0 ft. set- back on the premises located at 9 Thompson Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 670 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Rizzotto presented his application to the Board and stated that his reason for wanting the 5'6" high wall was for privacy. The applicant said that the proposed location was the only area where they could have any activity and if the wall were per- mitted it would be necessary to park his car in front. Mr. Rizzotto presently is parking his car on the side of the house. It was pointed out that the swimming pool occupies most of the back yard. Mr. Wassman asked Mr. Riz- zotto why he could not have a hedge or some other evergreens for a screen. Mr. Rizzotto said he was not able to grow any shrubbery because of the soil. After further discussion a vote was taken on the application and the result was as follows: Commissioner Wassman - Nay Commissioner Geary - Aye Commissioner Boraczek - Nay Commissioner Hardesty - Aye The application was therefore denied and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Joseph Rizzotto has submitted an application for a building permit to the Building Inspector to allow the con- struction of a 5'6" high wall in the front yard and to allow off-street parking fac- ilities to be developed in the front yard of the property having a 0 ft. setback 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 Ar- ticle IV Section 421.4 Walls and Fences which restricts the height of walls and fences in a Residential District to 4 ft. and Article IV Section 455.2 Layout and Location of Off-street Parking which requires that unenclosed parking facilities be developed 25 ft. back of the front property line on the premises located at 9 Thompson Street and known on the Tax Assessment Map of the Town of Mama- roneck as Block 124 Parcel 670; and WHEREAS, Mr. Joseph Rizzotto 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 wanted the 5'6" high wall for privacy. 2. The proposed area was the only site for any activity and if the wall was permitted it would be necessary to park his car in the front. 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 Board felt that a hedge or some other evergreens would provide the privacy the appli- cant wanted. 2. That there were no special circumstances or conditions applying 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. 3. That the facts and circum- stances claimed by the appli- cant to entitle him to the vari- ance are not such as would de- prive the applicant of the reason- able use of the land. 4. That the granting of the variance would not be in har- mony with the general purposes and intent of this Ordinance and would be injurious to the neighborhood and detrimental to the public welfare. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accord- ance with Section 267 of the Town Law. / J1c- The Chairman asked the Secretary to read the third application. APPLICATION NO. 3 - CASE 395 Application of Mr. Roy Borrelli for modification of Article IV Section 410 Schedule of Permitted Ac- cessory Uses in a Residential District to allow the construction of an in ground swimming pool located 10 ft. from the dwelling instead of the minimum re- quired 15 ft. 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 on the grounds of practical difficulty and/or unnecessary • hardship. • Mr. Borrelli presented his application to the Board and stated that the rear of his property is much • higher than the rest of the lot with a rock ledge. The applicant stated that if the pool was located • the required 15 ft. it would necessitate the removal of the rock ledge at the southwesterly corner of • the lot. • Mr. Borrelli presented a letter to the Board from his neighbor, Mr. E. Roger Hotta of 17 South Drive stating he had no objection to the application. . ---- Mr. Robert Joslyn of 9 Glen Eagles Drive stated that there was an erroron the plan showing the height of the fence and he could-not see why a swimming • pool was a hardship. Mrs. Joslyn said she had called Mr. Paonessa at the time Mr. Borrelli had installed • the fence. Mr. Paonessa said that at the time Mr. Borrelli erected the fence he had sent a Violation • Notice and that Mr. Borrelli had put in curbing and the fence was installed on top of the curbing. Mrs. Lytton of 11 Glen Eagles Drive and several other • neighbors expressed concern over the blasting that would be necessary if the pool was allowed and Mr. • Paonessa assured them that any blasting performed in the Town could only be done by a licensed blasterer • who had to post a bond with the Town before he could do any blasting in the Town. After further discussion the Chairman asked for a short recess and when the Board returned Mr. Wass- • man asked that the application be deferred for thirty days so that members of the Board could go out and • look at the fence in question. • The Chairman asked the Secretary to read the last application. APPLICATION NO. 4 CASE 396 Application of Mr. Alexander Fusco for modification • of Article IV Section 440.3 Non-Conforming Use of • • • Building to allow alterations to an existing non- conforming one family dwelling so as to create a • • two family dwelling which is not a Permitted Use in a "B" Business District on the premises located • • at 610 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 130 Part of • • Parcel 541 on the grounds of practical difficulty and/or unnecessary hardship. • Mr. Reuben Sirlin, an Attorney of 211 Mamaroneck • Avenue, represented the applicant and stated that the property is in a business district. Mr. Sirlin • said that his client did not intend to change the structure as the facilities are already available for a two family house and the surrounding area- con- • sists of multiple dwellings. Mr. Sirlin, also, stated that the house in question is the only one • family dwelling in the xieighbcrhood and the addition • would not change the character of the area. Mr. Sirlin presented the Board with a petition signed • • by the neighbors approving the application. It was pointed out that the building had been moved from • • another location and at the time it was moved it was conforming. Mr. Sirlin stated that the change • • in zoning created the hardship. After further discussion a vote was taken on the application and the result was as follows: 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, Mr. Alexander Fusco has submitted an application for a building permit to • • the Building Inspector to allow alterations to an existing non-conforming 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 Ar-, ticle IV Section 440.3 Non•-conforming Use of Buildings which requires that a non-conforming use of a building only be changed to a conforming use and does • not permit a two family house in a Busi- • ness District on the premises located • at 610 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck • • as Block 130 part of Parcel 541; and • JrC, WHEREAS, Mr. Alexander Fusco 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. Property is presently non- conforming and when originally moved was conforming. 2. When the house was moved it provided the utilities for a second family. 3. The surrounding area con- sists of Cwo and three family dwellings and the addition would not 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 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 aforesaid circum- stances and/of conditions are: 1. Because of the change in zoning the house was made non-conforming. 2. All the other res- idences in the neigh- borhood are multiple dwellings and the ad- dition will not change the character of the area. 3. That said circum- stances or conditions are such that the par- : t d7 ticular application of the Ordinance with respect to Article IV Section 440.3 Non-Con- forming Use of Build- ings would deprive the applicant of the reason- able 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 build- ing and that the vari- ance as granted by this Board is the minimum adjustment that will accomplish this purpose. 4. That the granting of this variance is in harmony with the general purposes and intent 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 440.3 Non-Conforming Use of Buildings of the Zoning Ordinance so as to allow alterations to the existing non- conforming dwelling and to permit the use as a two family dwelling- in a "B" Business District on the premises located at 610 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131 Part of Parcel 541 in strict conformance with plans filed with thic 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 mee.tiag it was adjourned at 9;45 Rita A. Johnson Secretary ( J-19