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HomeMy WebLinkAbout1979_02_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD FEBRUARY 28, 1979, 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 8:15 P.M. ROLL CALL Present: Mr. E. Robert Wassman, Chairman Mr. Andrew W. Boraczek Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Absent: Mr. Egbert R. Hardesty Also present: Mr. William Paonessa , Building Inspector APPROVAL OF MINUTES The minutes of the meeting of January 24, 1979 were pre- sented to the members at the meeting but since they were not able to read them over the Chairman said they would be approved at the next meeting. 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 asked the Secretary to read the first appli - cation. APPLICATION NO. 1 - CASE 501 Application of Mr. Steven Caspi for modification of Arti- cle V Section 89-20 Subsection A (1 ) "Permitted Uses in an R-7.5 One Family District" and Article V Section 89-28 "Permitted Uses in a "B" Business District" which does not permit multifamily dwellings in either district and Article X Section 89-56 Subsection B "Nonconforming Use of buildings" which does not permit additions or altera- tions to existing non-conforming structures to permit six (6) new apartment units . Also, Article VII Section 89-41 Subsection B (1 ) "Construction Requirements for a "B" Bus- iness District" which does not permit parking in front of a building unless building is setback 75 ft. so as to allow additional parking in the front of the building on the premises located at 1440-1456 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 453 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. George Forbes , an Attorney of 7 Woodland Avenue, Larch- mont, New York, represented the applicant and presented doo5 the Board with a petition that was made part of Mr. Caspi ' s application. Mr. Forbes said they wanted to add 6 more apartment units in the basement and 4 additional parking spaces at the front of the building and that the only additional exterior work was the construction of the area- ways . The property is presently non-conforming. Mr. Forbes pointed out that the increase of the additional apartments will not affect the present non-conforming number of parking spaces and that presently 15 spaces are not being used. Mr. Forbes, also, stated that five of the units will be one bedroom apartments and one a studio type apartment. All the apartments will be located beneath similar units now existing on the floor above. In conclusion Mr. Forbes said that the added apartments would increase the Town 's tax base and there was need in the Town for this type of apartments. Mr. Moore questioned as to the size of the new units and as to whether they conformed with the present units re- quired by the Town. Mr. Widulski , who prepared the plans said that the proposed units were comparable in size to the existing units above and Mr. Forbes said they were carrying out the same layout as there is presently in the building. Mr. Bodkin questioned as to the proposed additional park- ing and whether it would involve cutting down any trees . Mr. Forbes presented the Board with a letter from Mr. Kellogg, the Engineer for the Village of Larchmont. Mr. Wassman read the letter in which Mr. Kellogg stated that their Office had been dealing with the applicant's family and had found them to be cooperative and honorable in their dealings with the Village Office. Mr. Adelphio and Mrs . Margaret Shultz both examined the plan. After further discussion a vote was taken on the applica- tion and the result was as follows : Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved with the conditions that the building plan be amended to show the floor sizes for the new dwelling units and the elimination of the alternate parking layout. The following Resolution was adopted: WHEREAS, Mr. Steven Caspi has submitted an appli- cation to the Building Inspector to permit six (6) new apartment units and additional parking in the front of the building together with plans ; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans failed to comply with Article V Section 89-20 Subsection A (1 ) "Permitted Uses in an R-7.5 One Family District" and Article V Sec- tion 89-28 "Permitted Uses in a "B" Business District" which does not permit multifamily dwellings in either district, Article X Section 89-56 Subsection B "Nonconforming Uses of Build- ings" which does not permit additions or altera- tions to existing nonconforming structures and Article VII Section 89-41 Subsection B (1 ) "Con- struction Requirements for a "B" Business Dis- trict" which does not permit parking in front of a building unless the building is setback 75 ft. on the premises located at 1440-1456 Boston Post Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 409 Parcel 453; and WHEREAS, Mr. Steven Caspi has submitted an ap- plication for a variance on the ground of prac- tical difficulty and/or unnecessary hardship for the following reasons : 1 . There is need in the Town for small apartments and for increased tax assess- ments . 2. No exterior change will be made in the building. 3. Neither the added dwelling units nor the parking in front will adversely affect the character of the neighbor- hood. WHEREAS, this Board has examined the plans, reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion on the following grounds: (a) That there are special circum- stances and conditions applying to the land and/or building for which a variance is sought, which circum- stances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the , -10U , Zoning Regulations appealed from. (b) That said circumstances or con- ditions are such that the particular application of the Ordinance with respect to Article V Section 89-20 Subsection A (1 ) "Permitted Uses in an R-7.5 One Family District, Article V Section 89-28 "Permitted Uses in a "B" Business District, Article X Section 89-56 Subsection B "Noncon- forming uses of buildings" and Arti- cle VII Section 89-41 Subsection B (1 ) "Construction 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 purpose. (c) That the granting of the vari- ance is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neigh- borhood or otherwise detrimental to the public welfare ; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article V Section 89-20 Sub- section A (1 ) "Permitted Uses in an R-7.5 One Family District", Article V Section 89-28 "Per- mitted Uses in a "B" Business District" and Article X Section 89-56 Subsection B "Noncon- forming Use of Buildings" be varied and modi- fied so as to allow the construction of six (6) new apartment units on the premises located at 1440-1456 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 453 in strict conformance with plans filed with this application subject to the following conditions , provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. 1 . That the building floor plans be amended to show the square foot area of the dwelling units in conformance with the regulations of the Zoning Ordinance. 2. That the alternate parking layout be eliminated . 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 thee 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. 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. 2 - CASE 502 Application of Rosenshein Associates for modification of Article VII Business and Industrial Districts "Construc- tion Requirements" Section 89-41 Subsection B to allow the construction of a Shopping Center (retail stores) having a rear yard of 10 ft. instead of the minimum re- quired rear yard of 25 ft. and Subsection D (2) to allow a building height of 50 ft. (clock tower) instead of the maximum permitted height of 30 ft. and Article XI Off- street Parking Section 89-66 which requires a minimum of 1 parking space for each 100 sq . ft. of floor spaces; proposed plan provides for 141 parking spaces instead of the required 172 parking spaces and Article XI Section 89-70 Off-street Loading requirements which requires 3 off-street loading spaces so as to allow 2 off-street loading spaces on the premises located at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407 Parcel 192 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Albert Pirro, an Attorney of the firm of Minniti , Pirro and Monsell of 100 Mamaroneck Avenue, represented the applicants . It was pointed out that the application is new, and Mr. Franz, who is the Architect, stated that the 10 ft. setback is still the same but the square foot area of the building had been reduced considerably, there- fore reducing the required number of parking spaces . The applicants new plan shows two off-street loading spaces instead of the required three. Mr. Boraczek questioned as to how many stores were pro- posed since the plan shows 11 stalls and Mr. Rosenshein said they would probably have 7 or 8 stores. Mr. Bodkin questioned as to why a 30 ft. tower would not serve the purpose but because of the change in grade from the street to the building site the applicants claim the 50 ft. clock tower is necessary. Mr. Pirro questioned as to the interpretation of the Ordi- nance regarding towers and said he did not agree with the Building Inspector' s interpretation of the permitted height of 30 ft. for the clock tower. A question was raised as to the loading spaces and Mr. � � y Franz said that the reason the loading spaces were laid out as they were was to get more parking spaces . The applicants said that the type of stores they anticipated would only require small trucks for deliveries and the reason they were asking for the 10 ft. setback instead of the required 25 ft. was so they could obtain more park- ing. The applicants, also, pointed out that the 10 ft. setback adjoins a parking lot for the apartments in the rear. Mr. Moore questioned as to the grades and Mr. Rosenshein said that they did the best they could to make the pro- posed building an asset architecturally. Mrs. Ruth Spiro, who is the Co-President of the Central School PTA said that they were concerned about the safety of the children who use the walkway between the property in question and the Veterans of Foreign Wars property. Mrs . Spiro said that presently there is a fence between the two properties and asked if it would remain. Mr. Rosenshein assured Mrs . Spiro that the fence would stay and as a father himself he too was concerned about the safety of children. Mr. Paonessa pointed out that because the Boston Post Road is a State highway it will be necessary for the ap- plicants to receive approval from the State Department of Transportation and the parking and drainage will have to be approved by the Town Engineer. The applicants will , also, have to appear before the Planning Board to deter- mine whether the application complies with the State En- vironmental Quality Review. Mr. Paonessa, also, said that there is presently a fence existing on the Board of Education property and the proposed clock tower was subject to the requirements of the Sign Ordinance in the Building Code. Mr. Jerry Glaser of 19 Rock Ridge Road presented members of the Board with a letter giving his objections to the proposed Shopping Center. Mr. Glaser again expressed his opposition in person to the 50 ft. clock tower. Mr. Otto Scheuble of 3 Rock Ridge Road expressed his ob- jection to the application and said he didnot think the applicants had any hardship and that the Town should wait for something else to come along that would conform to the Zoning. Mr. Wassman questioned as to the practical difficulty and hardship and Mr. Pirro said that the present appli- cation had been reduced about 18% from the one presented at the previous meeting. In response to the arguments of Mr. Glaser, Mr. Wassman suggested the possibility of reducing the size of the tower and asked the applicants if they would be willing to reduce the size by 6 ft. to which they agreed. After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved subject to the applicants amending the plan to show the clock tower hav- ing a height of 44 ft. instead of the proposed 50 ft. The following Resolution was adopted: WHEREAS, Rosenshein Associates have submitted an application to the Building Inspector to allow the construction of a shopping center (retail stores) having a rear yard of 10 ft. , a maximum height of 50 ft. (clock tower) , pro- vide for 141 parking spaces and 2 off-street loading spaces 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 Business and Industrial District "Construction Require- ments" Section 89-41 Subsection B which requires a minimum rear yard of 25 ft. , Section 89-41 Subsection D (2) which permits a maximum height of 30 ft. and Article XI Off-street Parking Section 89-66 which requires a minimum of 1 parking space for each 100 sq . ft. of floor space (172 spaces) and Article XI Section 89-70 Off-street Loading requirements which requires 3 off-street loading spaces on the premises located at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 407 Parcel 192; and WHEREAS, Rosenshein Associates have submitted an application to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . The proposed building has been located with a rear yard of 10 ft. in order to achieve the largest pos- sible number of parking spaces and still maintain the required right- of-way. 2. With the building coverage not exceeding the zoning requirement of 25% (actual coverage 21%) the number of parking spaces provided is 141 . 3. Because of the severe change in grade from the street to the build- ing site and in order to achieve visibility of the passing motorist the 50 ft. clocktower has been in- dicated to announce the location of the proposed Village Square Shop- ping Center. WHEREAS, this Board has examined the plans , re- viewed 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 applica- tion 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 said circumstances or con- ditions are such that the particular application of the Ordinance with res- pect to Article VII Business and In- dustrial District "Construction Require- ments" , Section 89-41 Subsection B, Subsection D (2) , Article XI Off-street Parking Section 89-66 and Article XI Section 89-70 Off-street Loading re- quirements 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 purpose. (c) 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 otherwise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VII Business and Industrial District "Construction Requirements" Section 89-41 Subsection B be varied and modified so as to allow the construction of a Shopping Cen- ter (retail stores) having a rear yard of 10 ft. , Subsection D (2) to allow a building height of ,x, Ctt 44 ft. (clock tower) , Article XI Off-street Park- ing Section 89-66 to provide for 141 parking spaces and Article XI Section 89-70 Off-street loading requirements so as to allow 2 off-street loading spaces on the premises located at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 453 in strict conformance with plans filed with this application subject to the following condition, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. 1 . That the building plan be amended to show the clock tower to be 44 ft. in height. 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 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 meet- ing it was adjourned at 10:45 P .M. i Rita A. Johnson, Secretary