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HomeMy WebLinkAbout1973_10_03 Zoning Board of Appeals Minutes• MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS • OF THE TOWN OF MAMARONECK HELD OCTOBER 3, 1973, IN THE COURT • HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, CNEW 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 • APPROVAL OF MINUTES • The minutes of the meetings of July 25 and August • 22, 1973 were presented and on motion duly made • and seconded, approved as submitted. • 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 explained that this application had been • adjourned from the meeting of August 22, 1973.` • APPLICATION NO. 1 - CASE 392 • Application of Mr. Albert Codino for modification • of Article IV Section 410 Schedule of Residence • District Regulations for an R-7.5 Residential Dis- • trict so as to allow the construction of an attached • garage to the easterly side of the dwelling having • a side yard of 7 ft. instead of the minimum required • side yard of 10 feet on the premises located at • 1 Leafy Lane and known on the Tax Assessment Map • of the Town of Mamaroneck as Block 126 Parcel 135 • • on the grounds of practical difficulty and/or un- • necessary hardship. Mr. Codino presented his application to the Board • and apologized for missing the meeting of August 22, 1973. • The applicant said his essential problem was drain- • age and at the back yard there is a drop of about 10 to 15 feet. Mr. Codino said that the present garage has a drain pipe that traps all the rainwater • runoff in the driveway and it continually clogs • and floods the basement. The applicant stated that • he travels a lot and the drainage problem is a hard- :• lS0 ( ship to his wife and children. Mr. Codino, also, said that the concrete walk at the rear and side of his house has sunk and that if he was permitted to build the new garage he wanted to pour concrete in the drain to close it up, seal off the garage and run the drain in another direction. The applicant in conclusion said that his neighbor in the rear had been flooded and the only other lo- cation for the garage would be Murray Avenue but be- cause of the traffic it was not desirable. The Chairman pointed out that the problem Mr. Codino has is a hazard both to his property and the people below and asked Mr. Codino when he had purchasedthe house. The applicant said that they had bought the house about 4 years ago and because of the condition of the concrete wall the children are instructed not to go near it. Mr. Codino said he was not aware of the condition at the time they bought the property and to date he has put over 25 truck loads of fill on the lot. The Chairman pointed out that the Board could only judge the application in regard to the 3 ft. variance in the side yard and whether the new garage will cor- rect the drainage problem. Mr. Eggers questioned as to the use the applicant had of the existing gar- age at the present time and said that there was a room in the rear where someone was living. Mr. Codino explained that because his wife was alone so much they rented the room and that he had been putting his car in the garage until recently. The Chairman auestioned as to the size of the room in the garage and stated that in his opinion it was not possible to place a car in the remaining space. Mr. Wassman asked the applicant if he had consulted a plumber about redirecting the drainage sytem and why the applicant could not install a sump pump with an injector. Mr. Codino replied that he had talked to a number of people and he did not know how he could redirect the drainage system as his foundation is solid concrete. The applicant said he had tried to build dry wells but he had not tried a sump pump. Mr. Wassman stated that he remembered when the house was built and it was erected on a tremendous outcrop- ping of rock. Yr. Boraczek auestioned as to whether there was a basement and Mr. Codino said there is no basement as the house is a high riser. Mr. Richard Tortorella of 3 Leafy Lane spoke in op- position to the application and said that a sump pump would handle the drainage problem. Mr. Tortorella said the pump would shut off automatically and would require very little maintenance. Mr. Wessman asked Mr. Tortorella if he had any drainage problems and Mr. Boraczek questioned as to whether his property dropped. Mr. Tortcrella said his driveway has a total pitch and he was objecting to the garage because it was too Close to his property. Mr. Geary asked Mr. Tortorella how close his property was to the Codino house and Mr. Tortorella said it was 6 ft. It was pointed out that the applicant's house had been built under the new zoning whereas Mr. Tortorella's house was constructed under the previous zoning. The Secretary presented a letter to the Board from Mr. and Mrs. Joseph Hirschmann of 7 Leafy Lane which was read by Mr. Boraczek. The Hirschmann's said their opposition was based on the necessity for privacy and the aesthetic character of structures placed in close proximity. After further discussion a vote was taken on the ap- • plication and the result was as follows: Commissioner Eggers - Nay Commissioner Wassman - Nay Commissioner Geary - Nay Commissioner Boraczek - Nay The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. Albert Codino has submitted an application to the Building Inspector to allow the construction of an attached garage to the easterly side of the dwell- • ing having a side yard of 7 ft. 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 P-7.5 Residential District which reciuires a minimum side yard of 10 feet on the premises located at 1 Leafy Lane and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 126 Parcel 135; and WHEREAS, Mr. Albert Codino 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 only other alternative location on Murray Avenue is not desirable because of the heavy traffic and would consti- tute a safety hazard. • ( cO3 2. Because the garage is very narrow the applicant's car does not fit and it is necessary to rent a garage. 3. There is a 40 ft. drop to the rear of the residence. 4. The present garage has a drain pipe that traps the rain- water runoff in the driveway and is continually clogged caus- ing the basement to flood. 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 appli- cation on the following grounds: 1. The Board felt the applicant had created his own hardship by subdividing the present gar- age making the remaining area ton small for a car. 2. The applicant's drainage problem could be solved by other means. 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. S. 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. LrThit • • • FURTHER RESOLVED, that this decision be • filed with the Town Clerk in accordance with 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. Johnso Sec etary • • • • • • • • • • • • • • • • • • • • .16