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HomeMy WebLinkAbout1976_07_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 28, 1976, 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. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Absent: Mr. Andrew W. Boraczek Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of June 23, 1976 were presented and on motion duly made and seconded, approved as submitted. The minutes of the Special Meeting of July 13, 1976 were, also, presented and on motion duly made and seconded, ap- proved as corrected. PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. The Secretary was asked to read the first application. APPLICATION NO. 1 - CASE 446 Application of Mr. and Mrs. Thomas Amlicke for modifica- tion of Article VI Section 35 Subsection B2-B3 "Construc- tion Requirements for One Family District R-6" so as to allow the construction of a raised wood deck at the wes- terly side of the dwelling having a side yard of 1 ft. + instead of the minimum required side yard of 8 ft. and a rear yard of 19. 9 ft. more or less instead of the mini- mum required rear yard of 25 ft. on the premises located at 60 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 119 Parcel 104 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Amlicke presented his application to the Board and said that the side yard where they proposed to construct the deck slopes down from Maple Hill Drive. He said that the deck at the highest point will not be more than 7" off the ground and 21" at the lowest point. Mr. Amlicke stated that because the yard is shaded they cannot grow 11`d grass and it is extremely muddy especially in the Spring. The applicant said they moved into the house in 1971 and since that time they had tried a dry well and concrete but the yard is not usable at present. He further said that the proposed deck was suggested by a landscape archi- tect and they feel it will be the least visible and most attractive to their neighbors. Mr. Amlicke said they had spoken to their neighbors and Mr. and Mrs. Zavell of 62 Maple Hill Drive and Mr. and Mrs. Flax of 6 Orsini Drive signed the petition approving the application. After further discussion the Board voted on the applica- tion and the result was as follows: Commissioner Wassman - 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. Thomas Amlicke have sub- mitted an application to the Building Inspec- tor to allow the construction of a raised wood deck at the westerly side of the dwelling hav- ing a side yard of 1 ft. + and a rear yard of 19. 9 ft. more or less 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 35 Subsection B2-B3 "Construction Requirements for One Family District R-6" which requires a side yard of 8 ft. and a rear yard of 25 ft. on the premises located at 60 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 119 Parcel 104; and WHEREAS, Mr. and Mrs. Thomas Amlicke have sub- mitted an application to this Board for a var- iance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . The applicant's yard is shaded and it is impossible to grow grass. 2. The yard at present is muddy and not usable. 3. The applicants feel the proposed deck as suggested by a landscape archi- tect is the most workable plan with- out intruding on the rights of their 1� 7I neighbors. 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 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 Zoning Regulations appealed from. (b) That the said circumstances and/or conditions are as follows : 1 . Due to the topography of the lot and layout of the house the yard is the only area with easy access- ibility to the kitchen and dining room. 2. Because of the location of the kitchen door if the deck was allowed only 8 ft. from the side line it would limit the space of the deck to 5 ft. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 35 Subsection B2-B3 "Con- struction Requirements for One Family District R-6" would deprive the applicant of the reasonable use of the land and/or buildings and that the variance as granted by this Board is a minimal adjustment that will accomplish this pur- pose. 4. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance I 1 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 VI Section 35 Subsec- tion B2-B3 "Construction Requirements for One Family District R-6" be varied and modified so as to allow the construction of a raised wood deck at the westerly side of the dwell- ing having a side yard of 1 ft.+ and a rear yard of 19.9 ft. more or less on the premises located at 60 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 119 Parcel 104 in strict confor- mance with plans filed with this application provided that the applicant complies in all other respects witi,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. 2 - CASE 447 Application of Mr. Alfredo Gulla for modification of Article V Section 28 Subsection A (5) so as to allow the improvement of a parcel of land to be used for stor- age and sale of used cars as a principal use instead of an accessory use to a new car dealer located on the same lot on the premises located at 2533 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Parcel 134 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Gulla presented his application to the Board and said they did not have enough space at their new car dealership in Larchmont to store cars that have been taken for trade-ins . He said because of this situation he cannot give a proper allowance for trade-ins to their customers and therefore loses sales. Mr. Wassman asked Mr. Gulla if he intended to just sell cars taken in trade 1 or would he be selling used cars in general . Mr. Gulla said he never engaged in the used car sales but only in cars that were taken for trade-ins which they recon- dition and put up for sale. The Board asked Mr. Gulla if he proposed to put up a "shack" and he said the plan does not show any structure. Mr. Wassman questioned as to what the surface would be and Mr. Gulla replied "gravel and blacktop". Questions were asked about lights and signs and Mr. Paonessa said they would have to comply with the Sign Ordinance and lighting restrictions. It was pointed out that the pro- perty presently has a fence around it. Mr. George McEwen of 6 Mardon Road said that Mr. Gulla had been parking cars at a gas station on the Boston Post Road but the station has now been sold and the ap- plicant will lose the parking spaces he was using at the gas station. Mr. Vincent A. Primerano, who is the executor of the Duncan' s estate which is the adjoining property, said that Mr. Gulla was going to use his client's building at 2543 Boston Post Road for phones , etc. After further discussion the Board voted on the appli- cation and the result was as follows : Commissioner Wassman - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the follow- ing Resolution duly adopted: WHEREAS, Mr. Alfredo Gulla has submitted an application to the Building Inspector to allow the improvement of a parcel of land to be used for storage and sale of used cars as a princi- pal use instead of an accessory use to a new car dealer located on the same lot 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 V Section 28 Subsection A (5) which restricts the use of a parcel of land for the storage and sale of used cars as a principal use on the premises located at 2533 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 504 Parcel 134; and WHEREAS, Mr. Alfredo Gulla has submitted to this Board an application for a variance on 2c V/ the ground of practical difficulty and/or un- necessary hardship for the following reasons : 1 . The present new car dealership at 2030 Boston Post Road in Larchmont is on a limited plot where additional storage space cannot be obtained. 2. Due to the lack of storage space at the present location all cars taken in trade-ins must be sold to dealers. 3. The proposed parcel will enable the applicant to market vehicles taken in trade and will add to the strength of the overall business. 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 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 circumstances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows : 1 . The proposed use of the lot will enable the applicant to sell cars taken in trade-ins and will add to his overall business. 2. The conditions are such that the particular appli- cation of the Ordinance with respect to Article V Section 28 Subsection A(5) which permits the sale of used cars as an access- ory use to a new car dealer located on the same lot 1 /S3 would deprive the applicant of the reasonable use of the land and/or buildings and that for these reasons the granting of the vari- ance is necessary for the reasonable use of the land and/or building and that the variance as granted by this Board is the mini- mum adjustment that will accomplish this purpose. 3. The granting of this variance is in harmony with the general purposes and intent of this 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 V Section 28 Subsec- tion A (5) be varied and modified so as to allow the improvement of a parcel of land to be used for storage and sale of used cars as a principal use on the premises located at 2533 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Parcel 134 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 sale of used cars is limited to only those cars taken in trade at its principal business lo- cation. 2. That open air service be limited to only the washing of used cars sold from the parcel . 3. That no structures be placed on the lot. 4. That all lighting and signs com- ply with the Building Code. 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 1 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 9:15 P.M. 40, 'ita A. Johnson, retary