HomeMy WebLinkAbout1978_02_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF
THE TOWN OF MAMARONECK HELD FEBRUARY 22, 1978, 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 8:20
P. M.
ROLL CALL
Present: Mr. E. Robert Wassman
Mr. Andrew W. Boraczek
Mr. Peter G. Moore
Absent: Mr. Egbert R. Hardesty
Mr. Lawrence B. Bodkin, Jr.
Also present: Mr. William Paonessa, Building Inspector
APPROVAL OF MINUTES
The minutes of the meeting of January 26, 1978 were pre-
sented 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.
CASE 473
Mr. Wassman told those present that Case 473, the appli-
cation of Mr. Albert Codino had been held over from the
previous meeting so that the applicant could submit a more
accurate plan. The Chairman advised Mr. Codino that because
only three members were present the vote on his applica-
tion would have to be unanimous and he had the privilege
of postponing his case to another meeting without penalty.
Mr. Codino decided he would postpone his application to
the next meeting to be held on March 22, 1978.
The Chairman asked the Secretary to read the first appli-
cation.
APPLICATION NO. 1 - CASE 475
Application of Mrs. Frank LaMantia for modification of
Article VII Section 89-41 "Subsection A (3) "Construction
Requirements for a "B" Business District" of the Zoning
Ordinance so as to allow the construction of a one story
addition at the rear of the existing building which will
increase the existing building coverage 7% to a total build-
ing coverage of 42% instead of the maximum building cover-
age of 25%.; on the premises located at 1395 Boston Post
Road and known on the Tax Assessment Map of the Town
of Mamaroneck as Block 411 Parcel 224 on the grounds
of practical difficulty and/or unnecessary hardship.
Mr. Wassman pointed out that the same thing applied to
this application as in the case of Mr. Codino and Mrs.
LaMantia had the privilege of postponing her application
to another meeting. Mr. Forbes, an Attorney of 7 Wood-
land Avenue, Larchmont, who represented the applicant
said they were willing to have the application heard
at this meeting.
Mr. Forbes said they were requesting an area variance
and wanted to extend the rear of the building so as to
erect a one story addition to provide sufficient space
for three trucks that are used for the applicant's bus-
iness. Mr. Forbes stated that at the present time the
applicant parks the trucks outside and they are contin-
ually vandalized. Mr. Forbes further said that the ap-
plicant had been in business in the present building
for over twenty years and conducts the sale of automotive
parts using part of the building for storage . Mr. Forbes ,
also, said that they were not requesting any change in
the use of the building and the granting of the variance
would not change the character of the neighborhood.
In conclusion Mr. Forbes pointed out that this applica-
tion was different from the previous one that had been
denied last year as the only purpose was to provide an
enclosure for the parking of the trucks rather than keep-
ing them out in the open which encourages vandalism.
It was pointed out that the use of the property was not
going to be expanded or changed in any way as the gar-
age would only provide an indoor secure enclosure for
the trucks.
It was, also , pointed out that the employees park their
cars in the rear which is adjacent to but at a higher
elevation than the parking for the Hommocks School .
Mr. Forbes, also, pointed out that since this was an
"area" variance that only practical difficulty had to
be shown as he stated in his memorandum filed with the
application.
Mr. Paonessa stated that there is presently no deficiency
in the parking for the present use and the front of the
property is used for customer parking.
Mr. Forbes presented two letters to the Chairman from
the International House of Pancakes and Eco Leasing Corp.
both adjacent neighbors of the applicant. The letters
were read by the Chairman and were in favor of the ap-
plication.
After further discussion a vote was taken on the appli-
cation and the result was as follows:
Commissioner Wassman - Aye
Commissioner Boraczek - Aye
Commissioner Moore - Aye
Is
The application was therefore approved and the following
Resolution adopted:
WHEREAS, Mrs. Frank LaMantia has submitted an
application to the Building Inspector to allow
the construction of a one story addition at
the rear of the existing building which will
increase existing building coverage 7% to a
total building coverage of 42% 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 VII Section
89-41 Subsection A (3) "Construction Require-
ments for a "B" Business District" which requires
a maximum building coverage of 25% on the pre-
mises located at 1395 Boston Post Road and known
on the Tax Assessment Map of the Town of Mama-
roneck as Block 411 Parcel 224; and
WHEREAS, Mrs . Frank LaMantia has submitted to
this Board an application for a variance on
the ground of practical difficulty and/or un-
necessary hardship for the following reasons:
1 . To provide sufficient space for
three trucks that are used for the
applicant's business.
2. To protect the trucks from van-
dalism.
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 circumstances
and conditions applying to the land
and/or building for which a variance
is sought, which circumstances and/or
conditions have not resulted 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 follows :
1 . The addition will pro-
vide an indoor enclosure
for the applicant' s trucks
to discourage vandalism.
2. The addition will not
change the use of the pro-
perty or the character of
the neighborhood.
3. That the addition is
to be used solely for the
parking of vehicles owned
and used by the owner (ap-
plicant).
4. That said circumstances
or conditions are such that
the particular application
of the Ordinance with res-
pect to Article VII Section
89-41 Subsection A (3) "Con-
struction Requirements for
a "B" Business District"
would deprive the applicant
of the reasonable use of
the land and/or building
and that the variance as
granted by this Board is
a minimal adjustment that
will accomplish this pur-
pose.
5. 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
public welfare; and it is
FURTHER RESOLVED, that a variance is hereby
granted and that Article VII Section 89-41 Sub-
section A (3) "Construction Requirements for
a "B" Business District" be varied and modified
so as to allow the construction of a one story
addition at the rear of the existing building
which will increase the existing building cover-
age 7% to a total of 42% on the premises located
at 1395 Boston Post Road and known on the Tax
Assessment Map of the Town of Mamaroneck as
Block 411 Parcel 224 in strict compliance with
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; 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.
ADJOURNMENT
There being no further business to come before this meet-
ing it was adjourned at 9:00 P.M.
tittir4:7‘ . I nc AL.e�a A. Johnson, Secretary