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HomeMy WebLinkAbout1976_01_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JANUARY 28, 1976, IN THE COUNCIL ROOM 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 8:15 P.M. ROLL CALL Present: Mr. E. Robert Wassman , Chairman Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin , Jr. Absent: Mr. Andrew W. Boraczek Also present: Mr. William Paonessa , Building Inspector APPROVAL OF MINUTES The minutes of the meeting of December 16, 1975 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. Mr. Wassman explained to the applicant that because only three members were present the application would have to be approved unanimously and if they wished they could have the application heard at another meeting without penalty. Mr. Forbes , the applicant' s Attorney said they wanted the application to be heard at this meeting. The Chairman asked the Secretary to read the application. APPLICATION NO. 1 - CASE 434 Application of Mr. Jack Kantor for modification of Arti- cle IV Section 410 Schedule of Permitted Accessory Uses in an R-10 Residential District which restricts the ac- cessory use of the dwelling by the inhabitant thereof for professional office with not more than one non-resi- dent employee or associate so as to permit the applicant to conduct a mail order stamp business with one full time employee and two part time non-resident employees on the premises located at 34 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 261 on the grounds of practical difficulty and/ or unnecessary hardship. ( 7a The applicant, Mr. Kantor, was represented by Mr. George P. Forbes , an Attorney of 7 Woodland Avenue, Larchmont, New York, who said his client was requesting an extension of a variance which had been granted in 1975. The pre- vious variance had been granted with the condition that the variance would automatically expire one year from the date of the Certification of the Resolution. Mr. Forbes stated that Mr. Kantor is still very ill and they are asking the Board to consider extending the vari- ance for at least another year. Mr. Hardesty, who was absent at the time the variance was granted last year asked if Mr. Kantor was "house bound" . Miss Catherine Docherty, who is an employee of Mr. Kantor's, stated that he only goes out one day every two weeks to go to the Doctor' s. Mr. Wassman asked Mr. Forbes if the busi- ness had exparded beyond the scope of last year and Mr. Forbes answered that it had been reduced considerably. The Chairman read a letter that had been received from Mr. and Mrs. Jacques Henrard of 44 Holly Place in which they stated they felt the residential nature of the area in which they lived should be preserved by compliance with the existing regulations. Mr. and Mrs. Henrard, also, said in their letter that the granting of Mr. Kan- tor's application would constitute an important exception of the existing regulations and might create a very dan- gerous precedent in Larchmont. Mr. and Mrs. Henrard in their letter further stated that the granting of the vari- ance would cause Holly Place to lose some of the attributes of its residential nature by increasing the number of cars parked and automobile traffic. In conclusion, Mr. and Mrs. Henrard's letter stated businesses should be restricted to business districts and not be permitted in residential areas. Mr. Bodkin asked Mr. Forbes to comment on Mr. and Mrs . Henrard's letter and Mr. Forbes said he felt the letter indicated that the Henrard's were not aware that the use was already in existence. Miss Docherty stated that the employees always park their cars in Mr. Kantor's drive- way as there is room for four cars. The Board asked for a recess and when they returned Mrs. Marie T. Vianello of 7 Hudson Place said she would like to see the area remain residential and there had been quite a bit of traffic particularly when we had the snow storm when numerous cars were parked in the street. Miss Docherty said that when we had the snow storm one of Mr. Kantor' s employees did have to park in the street but a new family was moving in across the street and there had been added traffic to and from that house with mov- ing, carpenters, etc. Mrs. Vier of 16 Hudson Place said she had not received the notice but although she felt sorry for Mr. Kantor she did not want to see the area changed from residential . It was explained to Mrs. Vier that she did not receive a notice because her property was out of the area of the 400 ft. adjacent to the applicant's residence. After further discussion the Chairman informed the ap- plicant that if the variance was approved it would have the same conditions as the previous one; namely, it would automaticalb expire one year from the date of the Certi- fication of the Resolution and the variance would not be assignable. A vote was taken on the application and the result was as follows : Commissioner Wassman - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore approved and the follow- ing Resolution duly adopted: WHEREAS, Mr. Jack Kantor has submitted an appli- cation to the Building Inspector to permit the applicant to conduct a mail order stamp business with one full time and two part time non-resi- dent employees 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 Ordi- nance of the Town of Mamaroneck with particular reference to Article IV Section 410 Schedule of Permitted Accessory Uses in an R-l0 Residen- tial District which restricts the accessory use of the dwelling by the inhabitant thereof for professional office with not more than one non- resident employee or associate on the premises located at 34 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 261 ; and WHEREAS, Mr. Jack Kantor has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1 . Because of ill health and the economy it is necessary for the ap- plicant to conduct his business at home. 2. No added parking is required as the applicant's driveway is capable of accommodating two extra cars. 3. The operation does not cause noise and generates less traffic than the office of a professional which is a permitted use in a residential office. 4. Upon the basis of the actual use that has been in effect since the variance was granted on January 22, 1975 the applicant contends that the neighborhood has not been adver- sely affected. 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 this appli- cation 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 are pecu- liar to such land and/or buildings in the district, and which circum- stances and conditions have not re- sulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows : 1 . The variance was granted on January 22, 1975 and there has been no adverse affect. 2. Because of the appli- cant's ill health he has been advised to decrease his activities and conduct his business at home. (c) That the granting of this vari- ance will be in harmony with the gen- eral purpose aid intent of this Ordi- nance 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 410 Schedule of Permitted Accessory Uses in an R-10 Residential District of the 1 Zoning Ordinance so as to permit the applicant to conduct a mail order stamp business with one full time and two part time non-resident employees on the premises located at 34 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 261 in strict conformance with plans filed with this application subject to the following con- ditions, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. 1 . The variance will automatically expire one year from the date of Certi- fication of the Resolution. 2. The variance is not assignable. 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 8:45 P.M. Rita A. Johnsdn, Secretary J