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HomeMy WebLinkAbout1976_08_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD AUGUST 25, 1976, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE , TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:20 P. M. ROLL CALL Present: Mr. E. Robert Wassman, Chairman Mr. Andrew W. Boraczek Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Also present: Mr. William Paonessa, Building Inspector Mr. James J. Johnston, Town Attorney APPROVAL OF MINUTES The minutes of the meeting of July 28, 1976 were presented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. Mr. Wassman said with the permission of the first appli- cant' s Attorney the Board would hear the second appli- cati on first. The Secretary was asked to read the application. APPLICATION NO. 2 - CASE 448 Application of Mr. and Mrs. Joel Negrin for modification of Article VI Section 31 Subsection B3 (a) "Construction Requirements for One Family Residence District R-20" so as to allow the construction of a one family dwelling on a corner lot having a rear yard of 36 ft. instead of the required rear yard of 40 ft. on the premises lo- cated on Isabelle Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 330 Parcel 238 on the grounds of practical difficulty and/or unneces- sary hardship. Mrs. Negrin presented her application to the Board and said that because the lot is irregularly shaped and one side of the property is designated as a future street requiring a 40 ft. setback, the available building space on the lot is small . After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mr. and Mrs. Joel Negrin have submitted an application to the Building Inspector to allow the construction of a one family dwell- ing on a corner lot having a rear yard of 36 ft. instead of the required rear yard of 40 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 Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article VI Section 31 Subsection B3 (a) "Construction Requirements for One Family District R-20" which requires a rear yard of 40 ft. on a corner lot on the premises located on Isabelle Lane and known on the Tax Assessment Map of the Town of Mama- roneck as Block 330 Parcel 238; and WHEREAS, Mr. and Mrs. Joel Negrin have submitted an application to this Board on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1 . Because the lot is irregularly shaped and one side is designated as a future street requiring a 40 ft. setback the available building space is small . 2. The proposed location is the only feasible site. 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 appli- cation on the following grounds : (a) That there are special circum- stances and conditions applying to the land and/or building for which I a variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subse- quent to the date of the Zoning Regu- lations appealed from. (b) That the said circumstances and/ or conditions are as follows : 1 . Due to the topography of the lot the proposed site is the most feasible loca- tion. 2. If the structure were located further away from Isabelle Lane and toward the future street it would cause an additional problem of a rear yard setback. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 31 Subsection B3 (a) "Con- struction Requirements for One Family Residence District R-20" would deprive the ap- plicant of the reasonable use of the land and/or build- ing and that the variance as granted by this Board is the minimal adjustment that will accomplish this purpose. 4. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 31 Subsec- tion B3 (a) "Construction Requirements for One Family Residence District R-20" be varied and modified so as to allow the construction of a one family dwelling on a corner lot hav- ing a rear yard of 36 ft. on the premises lo- cated on Isabelle Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 330 Parcel 238 in strict conformance with plans filed with this application provided that the applicant complies in all other res- pects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and be it 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 construction is not started within six months and completed within two years of the date of said permit; and be it 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 appli- cation. APPLICATION NO. 1 - CASE 424 Application of Mr. Frank Guadagnolo for modification of Article V Section 27 "Business and Industrial Districts : Permitted Uses" and Article III Section 9 "Conformity Required of the Zoning Ordinance of the Town of Mamaro- neck so as to allow the use of the land for the construc- tion of a seven story, non-conforming apartment building and off-street parking facility on a parcel of land 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 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Wassman announced to the audience that the Appellate Division of the Supreme Court of the State of New York had remanded to the Zoning Board of Appeals the applica- tion of Mr. Frank Guadagnolo as to area variance and that the matter of permission for use has been granted by the Court. Mr. Wassman said that the original application and drawings dated November 1972 had been based on both non-conforming use and area variance. Mr. Frank Connelly, Mr. Guadagnolo' s Attorney said that the Supreme Court had rendered a decision and the only matter before the Board was any conditions and require- ments which the Board may deem appropriate. Mr. Connelly asked if he could submit as part c'f his ap- peal a letter he had received from Mr. Robert M. Ander- son , an expert on zoning and the author of "The New York Zoning Law and Practice" . After discussion and on the advise of the Town Attorney, Mr. Johnston, it was deci- ded the letter should not be made part of the record. Mr. Connelly said that the proposed plan showed a 7 story 152 unit building and there are presently 9 apartment I0 buildings in the vicinity of the area in question , seven are taller than allowed. He further said that the pro- posed building was conforming in all other respects and did not know what the purpose was of the Town in insist- ing the proposed building was non-conforming, but hoped they would be reasonable in respect to the conditions of the variance. Mrs. Margaret Shultz represented the League of Women Voters and read a statement which said they were neither directly for nor against the current proposal . The League knows there is a need for housing in Westchester County but since the Raymond and May Master Plan had recommended the Guadagnolo property as the most desirable for a Town Hall complex which would incorporate a Police Station and Library as well , this should be taken into consideration. Mrs. Shultz further said that a citizen group was working on an update of the Master Plan and that the report is due for release on September 1st. The League realizes that the Town is a densely settled community with few open spaces and it is therefore imperative that the Town plan wisely for the use of the few remaining areas. Mr. George P. Forbes, Jr. , who is the Attorney for the Larchmont Hills Association, said that he agrees with Mr. Connelly' s legal opinion as far as that the Court Order means that a use variance be granted subject to any conditions or requirements that the Board may feel appropriate but the Court did not grant the application for a 7 story apartment. He further commented on the letter Mr. Connelly had received from Mr. Anderson and said it was Mr. Anderson's interpretation of a case he had nothing to do with. Mr. Forbes said that there is in the record, at the time the use appeal was submitted, testimony given by experts which would affect an area variance. In conclusion he said that he would ask the Board for an opportunity to submit a memorandum in opposi - tion to Mr. Connelly' s main point that the Board should grant a variance for a 7 story apartment. Mr. Clifford Wise of 7 Overlook Terrace said he had lived in the neighborhood for 31 years and all the neighbors are concerned with the possibility of encroachment. He said that the Board should take this into consideration at the time they make their decision. Mr. Herbert Askwith of 57 North Chatsworth Avenue suggested that Mr. Guadagnolo consider building condominiums or co-ops for older couples who are willing to pay a good price but prefer small apartments. Mr. Askwith said Mr. Guadagnolo could plan a 4 story building with mostly studio and one bedroom apartments. Mr. John Padyk of 100 Madison Avenue said he had lived there for 17 years and had heard of Mr. Guadagnolo's hard- ship. Mr. Padyk said he could not say he was entirely against the apartment house but resented that his house had been termed "old". I Mrs. Leonard Bleyer, Jr. of 1 Washington Square asked to look at the plan. Mrs. Peggy Snyder of 31 Seton Road was concerned with traffic that will be generated in the area. Mr. Connelly pointed out that at the original hearing his Traffic Engineer had stated the proposed apartment would not cause any traffic problems. The Chairman asked for a short recess and when the Board returned Mr. Wassman said he would like to make a state- ment. He said that in the opinion of the Board of Ap- peals, in which the Town Council agreed, a use variance had been granted but it was the responsibility of the applicant to prove practical difficulty so that the Board could rule on area variances. A discussion followed between Mr. Johnston and Mr. Con- nelly as to what the interpretation of the Court Order was. Mr. Johnston said before the Board could rule it was necessary to have more complete plans and Mr. Con- nelly said that the Court Order did not say that the applicant would have to conform to an R-TA Zone. Mr. Jerome Sanders of 42 North Chatsworth Avenue asked that if the Larchmont Hills Association was permitted to appeal would the Zoning Board be willing to join them. It was pointed out that the time within which to appeal had expired and Mr. Johnston said the Court would decide if an appeal is allowed. Mrs. Phyllis Bers of 9 Lafayette Road said since there is already a water problem if the apartment is allowed it will create a hardship to those on Lafayette Road and she hoped that will be taken into consideration. Mrs. Hilda Wilson of 15 Lafayette Road said that there had been a witness at the last meeting who had established that there was a water problem. Mr. John Coughlin of 35 Bryon Lane said he felt luxury apartments would add to the tax base without adding to the number of children in the school system. He said that the Town would probably have to pay legal costs if the variance is turned down. Mr. Fred Tarter of 250 Barnard Road said he felt that Mr. Connelly' s interpretation and the Board's seem to differ. Mr. Tarter said he felt the Board should review the facts and Court Order. Mr. Theodore Brown of 5 Lafayette Road and Mr. Horace Cardozza of 49 North Chatsworth both spoke of the water problem. ADJOURNMENT There being no further business to come before this meet- h ing it was adjourned at 10:20 P. M. Rita A. Johnson, Secretary