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HomeMy WebLinkAbout1970_10_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD OCTOBER 28, 1970, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. 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. Henry E. Mullick Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meetings of July 7, and July 22, 1970 were presented and on motion duly made and sec- onded, approved 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. CASE 328 - APPLICATION OF MONTEREY REALTY COMPANY The applicants presented to the Board a completed set of drawings for the construction of a parking garage to be used as an accessory to the "B" Build- ing of the Chatsworth Garden Apartments. The Zoning Board at its previous meeting of July 22, 1970 had reserved decision for the approval of a garage until the applicants presented these finished drawings. After the members of the Board had reviewed the re- vised plans a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Topping - Aye Commissioner Geary - Aye The application was therefore granted and the follow- .ing Resolution duly adopted: WHEREAS, Monterey Realty Co. , has submitted an application for a building permit to the Building Inspector for the construc- tion of a two story and roof private park- ing garage on a lot having a total build- ing coverage of 71.3% and side yards of 0 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-TA District of the Zoning Ordinance which requires a maximum building coverage of 20% and a required setback of 8.1' and 10.0' on the premises located at 16 North Chats- worth Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 127 Parcels 106 and 108; and WHEREAS, Monterey Realty Co. has submitted an application to the Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the fol- lowing reasons: 1. Because of the inadequate parking facilities it is neces- sary to provide additional off- street parking. 2. According to the present Zoning Regulations it is neces- sary to provide off-street park- ing. 3. The applicants are the owners of Building "B" of the Chatsworth Garden Apartments which is being rebuilt and which will contain 94 dwelling units. The proposed garage is to provide for 92 park- ing spaces. WHEREAS, this Board has examined the re- vised and completed plans, reviewed the application and has heard all persons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board grants the ap- plication on the following grounds: 1. That off-street parking fac- I ) ilities are needed in the area, so that street parking can be made more restrictive and aid traffic flow, policing and street maintenance. 2. That a private parking garage is a permitted accessory use in an R-TA Zone. 3. That strict compliance with the existing area requirements of the Zoning Ordinance would not create sufficient off-street parking facilities on available property for the multi-family structure. 4. That the proposed structure will create improved access for fire apparatus important to the protection of property and loss of life. 5. That there are special cir- cumstances and conditions apply- ing to the building which is to be serviced by the garage, for which a variance is sought which conditions are peculiar to such building and do not ap- ply generally to buildings in the district and which conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regula- tions appealed from. 6. That said conditions are such that the particular appli- cation of the Ordinance with respect to Article IV Section 410 would deprive the applicant of the reasonable use of 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. 7. That the granting of this variance is in harmony with the general purposes and intent of this Ordinance and will not be 117 / 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 of the Zoning Ordinance so as to allow for the construction of a two story and roof private parking garage having a total building coverage of 71.3% and side yard of 0 feet instead of the maximum building coverage of 20% and required setback of 8.1' and 10' on the premises located at 16 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 127 Parcel 106 and 108 in strict conformance with plans filed with this application and amended, subject to the following conditions, provided that the applicant complies in all other res- pects with the Zoning Ordinance and Build- ing Code of the Town of Mamaroneck: 1. That the garage be used ex- clusively by the tenants of Unit "B" Chatsworth Garden Apartments known as no. 16 North Chatsworth Avenue for the storage of motor vehicles. 2. That no part of the structure be used for the storage, care, repair or painting of motor vehi- cles for remuneration, including any sale of motor vehicle access- ories, fuels and lubricants. 3. That the applicant complete the construction and improvement of Jefferson Street as shown on the improved plans, in accordance with all rules and regulations applicable thereto, whether speci- fied or not, with the consent of the Town Engineer. 4. That Jefferson Street be kept open at all times to provide a fire lane and delivery stop only and that no street parking be permitted at any time. 5. That the applicant, protect, relocate or replace all park plant- ings and lawns necessary for the r17 construction of the garage and all work on Town park lands shall be subject to the approval of the Superintendent of Parks. 6. That the applicant provide the necessary water mains and fire hydrant which shall be lo- cated at the northeast end of Jefferson Street and all work shall be subject to the approval of the Town Engineer, Manager of Westchester Joint Water Works and Fire Chief. 7. That the ramp leading from Murray Avenue and the roof deck be designed to support fire equip- ment having a maximum weight of 20 tons. 8. The applicant shall provide standpipes on the roof deck of garage for the Fire Department connections. Location, size of such equipment is to be subject to the approval of the Fire Chief before installation. 9. The building permitted by this variance shall not be used until a certificate of occupancy has been granted for Building "B" of the Chatsworth Garden Apartments the building it is to service. 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 first application which had been postponed from the meet- ing of July 22, 1970 because there were only three members present and the Chairman advised the appli- cants they had the privilege of postponing their fF 73 application until a full Board was present. APPLICATION NO. 1 - CASE 329 Application of Mrs. Beatrice Peters for modification of Article IV Section 421.4, Walls and Fences of the Zoning Ordinance which restricts heights of fences in a Residential District to 4 feet so as to permit the installation of 125 lin. ft. of 5'6" high wooden fence along the rear property line on the premises located at 1 Briar Del Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 204 Parcel 292 on the grounds of practical difficulty and/or unnecessary hardship. The applicant was represented by Mr. Anthony Vitetta, an Attorney of 444 East Boston Post Road who stated that Mrs. Peter's problems began when she first pur- chased the house and lost the use of her rear yard. Mr. Vitetta presented the Board with pictures show- ing the view the Peters had of the Byrne's garage, air conditioner and roll of wire, and stated that the Byrne's also use a major portion of their front and side yard as a parking area beside having a dog run along the rear of the property line. The applicants stated that everytime they enter their rear yard the dog barks but Mrs. Peters had decided to live with it until she constructed the addition at the rear of her house. Mr. Vitetta stated that Mrs. Peters thought that because the contractor who had constructed the ad- dition had taken care of the permit she assumed the fence man had done the same and was not aware she was in violation until she received the Violation Notice from the Building Inspector. One of the pictures Mr. Vitetta presented was taken at the southeast corner of the Peter's property and shows the intersection of three fences one of which Mrs. Peters had installed. The Board asked if a 4' fence would not accomplish the same purpose as the 6' fence but Mr. Vitetta said the 4' fence would not be sufficient to hide the view and until the fence was installed Mrs. Peters could not use her rear yard. The Board questioned Mrs. Peters as to whether the fence could be cut down and if she had obtained an estimate for cutting it down. The Chairman asked Mr. Wassman to read a letter that had been presented at the July 22, 1970 meeting from Mr. William D. Byrne expressing his objection to the application. The Chairman called for a short recess to discuss the application and when the Board returned the Chairman informed the applicants that their application would be approved I l7<<' if she amended and modified her application as here- inafter provided, she, through her counsel, stated that she did so amend and modify her application as hereinafter provided. The Board suggested that the Peters cut the fence down to a height of 4' from its beginning at Winged Foot Drive to a point approximately at the front line of Mrs. Byrne's dwelling, which will block the view and eliminate the hardship problems. This will allow the Peters to have approximately 60 feet of 5'6" fence. After a brief discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Topping - Aye Commissioner Geary - Aye The application was therefore granted and the follow- ing Resolution was duly adopted: WHEREAS, Mrs. Beatrice Peters was served with a Notice of Violation for the erec- tion of 125 lin. ft. of 5'6" high wooden fence along the rear property line on the premises located at 1 Briar Del Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 204 Par- cel 292;and WHEREAS, the Building Inspector has issued such Violation on the ground that the erec- tion of said fence violated Article IV, Section 421.4 Fences and Walls of the Zon- ing Ordinance of the Town of Mamaroneck; and WHEREAS, Mrs. Beatrice Peters has submitted an application and an amendement and modi- fication of such application to this Board . for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Because of the alleged unsightly view Mrs. Peters has of her adjoin- ing neighbor's garage, air con- ditioner, roll of wire and dog run she claims she is unable to use her rear yard without a 5'6" high fence. 2. Because the Peter's property is higher a 4' fence would not be sufficient to hide the alleged unsightly view. 1I2J� WHEREAS, this Board has examined the plan, 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. Mrs. Peters amended and modified her appli- cation so as to provide that she cut the fence down to 4' in height from the front line at Winged Foot Drive to a point approximately at the front line of the Byrne's dwelling, which will block the view and eli- minate the hardship problems, and this will allow the remaining 60' of 5'6" wooden fence to remain. 2. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV, Section 421.4 Walls and Fences would deprive the applicant of the reasonable use of such land and/or building and that for these reasons the granting of the variance is necessary for the reasonable use (i2 of the land and/or build- ing and that the var- iance as granted by this Board is the mini- mum adjustment that will accomplish this purpose. (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 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 421.4 Walls and Fences be varied and modified so as to allow the erection of 60' of 5'6" high wooden fence and 65' of 4' high wooden fence along the rear property line on the premises located at 1 Briar Del Circle and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 204 Parcel 292 in strict conformance with the plans filed with this application and amended, 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. The Chairman asked the Secretary to read the second application. APPLICATION NO. 2 - CASE 331 Application of Power Test Petroleum Distributors, Inc. for modification of Article IV Section 410 Sched- ule of Regulations for Non-Residential Districts of the Zoning Ordinance which requires that struc- � i77 tures be set back 25 feet from adjoining Residential Districts together with a 10 ft. buffer strip so as to permit the construction of a one story gaso- line station building to be erected along the rear property line having 0' set back on the premises located at 2385 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Parcel 415 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Milton D. Jacobs, an Attorney, of 10 Fiske Place, Mount Vernon, New York, represented the application and the following appeared in opposition: Ann Gregg Hartnett, 10 Dean Place Edward A. Bakker, Sr. , 24 Dean Place Philip T. Hartnett, 10 Dean Place Louise Tait, 22 Dean Place William Tait, 22 Dean Place William O'Toole, 19 Dean Place Annie O'Toole, 19 Dean Place Wilma Bakker, 30 Dean Place (Mrs. Edward, Jr.) John Thompson, 14 Dean Place Betty and Gerald Meagher, 32 Dean Place Clifford Henry, 18 Dean Place Judith Henry, 18 Dean Place Lawrence Spano, 6 Dean Place Mr. Jacobs stated that the application was for an "area" variance and on August 12, 1970 the applicants had filed plans with the Building Inspector for a new gasoline station at 2385 Boston Post Road. The applicants stated that the present gasoline station is in a "B" business district and is presently non- conforming. Mr. Jacobs said that the property ad- joining the subject property is in an R-10 Residen- tial District and according to the Zoning Regulations it is necessary that structures be set back 25 feet from the adjoining residential district and provide a 10' buffer strip. The applicants said that the proposed garage is to be erected along the rear pro- perty line with 0' set back and presently there is an office and a two bay garage with 4 gasoline pumps on the property with buildings containing a total of 1234 square feet. Mr. Jacobs, also, stated that the residential district is approximately 40 feet from the rear of the office and 25 feet from the rear of the two bay garage. The applicants have filed plans for the erection of a new one story gas station building which would consist of 450 square feet and in addition two pump islands running parallel to the Boston Post Road each containing four pumps. Mr. Jacobs, also, said that according to the plan they would provide a self- service area for water, air and vacuum facilities at the rear of the subject property. The applicants maintain that the proposed structure is only 1/3 the size of the existing structures and that there will be no effect on increased population as the structure is for non-residential use. Mr. Jacobs maintains that there will be no change in the neighborhood as there are now two other existing gasoline stations across the street and a diner ad- joining the proposed gasoline station. The appli- cants in addition stated that at present the 25' rear yard is cluttered with old automobiles and debris which will be eliminated and that the present gas- oline station has not sufficient visibility to traf- fic on the Boston Post Road but a more open service area will help that problem. The Board pointed out that the applicants will have to go to the Town Board for a Special Permit and that the present gasoline station is a non-conform- ing use. The Board discussed as to whether or not the proposed new station would be a detriment to the adjoining property owners by placing the build- ing up against the property line. Mr. William R. Johnston, an Attorney, of 229 Harri- son Avenue, Harrison, New York, who represented Mr. Spano of 6 Dean Place whose property adjoins the proposed gasoline station also spoke for the other neighbors who opposed the application. Mr. Johnston said that there is already a bad sit- uation and a new bigger and better gas station will bring more cars to the area because of an increase in business. Mr. Johnston stated that there are 28 to 30 children in the area who cross on the cor- ner and that traffic will be increased by about 10 to 15 percent. Mr. Johnston, also, said that the proposed new station would be only 3 feet from Mr. Spano's den window and that several other windows will be completly blocked. Mr. Johnston pointed out that the service area that the applicants intend to put in at the rear of the property will cause more traffic as people will come in just to put in air and clean their cars. Mr. Eggers pointed out that the Board was aware of the situation and that it was possible for the applicants to build a new station without a variance but the number of gas pumps on the property may be limited. Mr. Clifford Henry of 18 Dean Place who had been a member of the Town Police force for five years stated that there had been a request for a traffic light on the corner as on the easterly side of Bos- ton Post Road there is a blind spot and there is a consistent squealing of brakes. Mr. Henry said that there are numerous accidents on the corner of the rear end type and that they live within two blocks C� 79 of five gasoline stations. Mr. Henry, also, said that it is necessary for the mothers who bring their children to the Montessori School to turn in Dean Place and that if the proposed gasoline station is to operate on a 24 hour basis between the noise from the diner they will have a 24 hour annoyance. Mr. John Thompson of 14 Dean Place expressed his disapproval and all the opposition agreed that the station had been cleaned up since the applicants had taken over the station. Mr. Jacobs in conclusion said that the applicants would be willing to do anything within reason to alleviate any opposition. The applicants stated that they would be willing to move the self-service area to provide for the cars to exit on the Boston Post Road. The Chairman asked for a short recess to discuss the application. When the Board returned a vote was taken on the application and the result was as follows: Commissioner Eggers - Nay Commissioner Wassman - Nay Commissioner Topping - Nay Commissioner Geary - Nay The application was therefore denied and the follow- ing Resolution was duly adopted: WHEREAS, Power Test Petroleum Distributors, Inc. has submitted an application for a building permit to the Building Inspector for the construction of a one story gaso- line station building having a set back of 0' 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 Regulations for Non-Residential Districts of the Zoning Ordinance which requires a 25' setback from adjoining Residential Districts together with a 10 ft. buffer strip on the premises located at 2385 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Parcel 415; and WHEREAS, Power Test Petroleum Distributors, Inc. has submitted to this Board an appli- cation for a variance on the ground of prac- tical difficulty and/or unnecessary hard- ! 1 6 ship for the following reasons: 1. The applicants claim that the proposed structure is only 1/3 the size of the existing structures and there will be no affect on increased popula- tion because it is for non-resi- dential use. 2. The applicants maintain there will be no change in the neigh- borhood as there are now two existing gasoline stations across the street and a diner adjoin- ing the proposed gasoline sta- tion. 3. Because the present gasoline station has not sufficient visi- bility of traffic on the Boston Post Road a more open service area will help solve that pro- blem. 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. That the applicants failed to show why a new gasoline sta- tion could not be constructed without a variance. 2. That the proposed new sta- tion would be a detriment to the adjoining property owners due to its proposed location. 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. The Secretary presented the Chairman with a letter from the next applicant, Mrs. Margaretta N. David- son requesting that her application be withdrawn. The Board decided that because the next regular meet- ing is scheduled for Thanksgiving Eve they would hold the meeting instead on December 2, 1970. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:30 P.M. 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