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HomeMy WebLinkAbout1976_05_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MAY 26, 1976, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, LARCHMONT, NEW YORK. CALL TO ORDER In the absence of Mr. Wassman, Mr. Boraczek the acting Chairman called the meeting to order at 8:20 P.M. ROLL CALL Present: Mr. Andrew W. Boraczek, Acting Chairman Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Absent: Mr. E. Robert Wassman Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of April 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. Boraczek asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 440 Application of Mr. and Mrs. Peter H. Weil for modifica- tion of Article VI Paragraph 89-31 B (1 ) Construction Requirements for an R-20 Residential District so as to allow the construction of a one story addition at the easterly side of the dwelling having a front yard setback of 30. 5 ft. instead of the minimum required 40 ft. on the premises located at 2 Country Club Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 230 Parcel 194 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. David Guise, an Architect, of Fargo Lane, Irvington , New York, said that the applicants had taken the sugges- tion from the Zoning Board of last month and moved the proposed addition further back. Mr. Guise said because of the chimney it could not be moved back any further and the deck had been eliminated. Mr. Guise presented the Board with a letter from Mr. Well 's piano teacher and a letter from Mrs. Singer of 3 Country Club Drive. Mrs. Singer said in her letter, as the owner _ / /sr' V _ J of the property on the opposite side of the proposed ex- tension, she had no objection to the variance as requested by the Weils. After further discussion the Board voted on the applica- tion and the result was as follows : Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following P Resolution duly adopted: WHEREAS, Mr. and Mrs. Peter H. Weil have sub- mitted an application to the Building Inspec- tor to allow the construction of a one story addition at the easterly side of the dwelling having a front yard setback of 30.5 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 Paragraph 89-31 B (1 ) Construction Requirements for an R-20 Residential District which requires a mini- mum front yard setback of 40 ft. on the premises located at 2 Country Club Drive and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 230 Parcel 194; and WHEREAS, Mr. and Mrs. Peter H. Weil have submitted an application to this Board for a variance on the ground of practical difficulty and/or unnec- essary hardship for the following reasons : 1 . The proposed location would con- form to side yard requirements if the easement did not exist. 2. Due to easement the side yard must be considered as a front yard. 3. The proposed location is the most logical because of the location and layout of the existing structure. 4. The proposed addition will enhance the overall design of the house and conforms to the intent of the Ordi- nance in regard to the actual front yard and distance from side neighbors. 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 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 . Because of the existing chimney the addition cannot be moved any further back. 2. That the proposed loca- tion is the most logical be- cause of the location and layout of the existing struc- ture. 3. That said circumstances or conditions are such that the particular application of the Ordinance with respect to Article VI Paragraph 89-31 B (1 ) Construction Require- ments for an R-20 Residential District would deprive the applicant of the reasonable use of the land and/or build- ings and that for these reasons the granting of the variance is necessary for the reason- able use of the land and/or buildings and that the vari- ance as granted by this Board is the minimum adjustment that will accomplish this purpose. 4. That the granting of this variance is in harmony with the general purpose and in- tent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public - I welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Paragraph 89-31 B (1 ) Construction Requirements for an R-20 Resi- dential District so as to allow the construc- tion of a one story addition at the easterly side of the dwelling having a front yard set- back of 30. 5 ft. on the premises located at 2 Country Club Drive and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 230 Parcel 194 in strict conformance 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. 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. 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 second appli- cation. APPLICATION NO. 2 - CASE 441 Application of Dr. Eugene Laska for modification of Arti- cle VIII Paragraph 89-45 A "height exceptions" which re- stricts total area of mechanical equipment to 10% of area of supporting roof so as to allow the construction of a domestic solar hot water system with the proposed mechani- cal equipment covering 29% of supporting roof on the pre- mises located at 34 Dante Street and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 121 Parcel 90 on the grounds of practical difficulty and/or unneces- sary hardship. Mr. Boraczek explained to the applicant, Dr. Eugene Laska, that in about 90 days he would be his next door neighbor as he had purchased the house at 30 Dante Street and if Dr. Laska felt he did not want him to sit in judgment as a Zoning Board member he would abstain from voting and sit in the audience. Mr. Boraczek, also, said that if he withdrew there would be only three members and the vote on the application would have to be unanimous but Dr. Laska was privileged to have his application heard at ano- ther meeting where possibly there would be four members present excluding him. Dr. Laska said he was willing to I have his case heard and did not think it was necessary for Mr. Boraczek to withdraw. Mr. John Caragliano of 11 Bronx River Road, Yonkers, New York, an Architect and partner in Project Sun, who are the designer and builders of domestic hot water systems stated that according to his interpretation the equipment is not mechanical . Mr. Caragliaro presented illustrations from Revere Copper and Brass Incorporated showing the type of collector for the proposed system to be installed at Dr. Laska' s home. Mr. Caragliano said the collectors were aluminum and had no moving parts. The Chairman pointed out that the Zoning Ordinance is a legal document and in the opinion of the Board the in- stallation did consist of mechanical equipment. Mr. Bora- czek further said that the proposed equipment would cover 29% of the supporting roof instead of the 10% that is allowed under the Zoning Ordinance. Mr. Moore stated that the plan shows pumps and Mr. Caragliano replied that there was a pump in the basement. The Chairman pointed out that the- Board was not sitting in judgment as to whether there should be a solar energy system in the Town but whether the equipment should be allowed to cover 29% of the supporting roof. Dr. Laska said his reason for wanting the solar heating was for economy because of the increased cost of energy and high taxes. Dr. Laska stated it would take six years before he would realize a definite saving in his energy costs and there had been some suggestion of putting the collectors in the back yard but the roof was the only location that was feasible. Mr. Moore questioned as to the existing shrubbery which would shade the roof and said that the sun angle at that location was low during the winter months. Mr. Bertram Siegel of 130 Colonial Court, Mamaroneck, who is a partner in Project Sun, presented photographs of his home where he had installed a solar heating energy system. Mr. Siegel ' s home showed four collectors on his garage whereas the proposed system at Dr. Laska's resi- dence shows five collectors. Mr. Moore questioned Mr. Siegel as to what was the average water temperature being maintained in the tank in the four months since he had installed his solar hot water system. Mr. Siegel said it was about 100 degrees but because he did not have meter- ing equipment he was not sure. Mr. Bodkin asked why the panels had to be elevated above the roof and Mr. Carag- liano explained that no one had developed a way of con- necting the panels to the roof and they realized there were limitations. Mr. Moore inquired as to why Dr. Laska' s house had to have the five panels on the roof instead of four and Mr. Siegel said that Dr. Laska's system re- quired five panels because the solar energy tank would be larger. / I Board members discussed the application from an aesthetic point of view and the applicants said that though the initial cost of installing the system was high the final saving was worth the "cost". Mr. Boraczek read a letter that had been received from Mr. and Mrs. Roy Keller of 39 Dante Street, which is across the street from Dr. Laska' s residence. Mr. and Mrs. Keller in their letter said they opposed the application since they felt any alteration to the roof of Dr. Laska's home would detract from the surrounding environs and likely detract from their values rather than enhance them. Mr. Robert McCoy of 34 Dante Street, who is an Architect, said he was in favor of anything that would reduce pol- lution and save energy but thought there was other con- siderations in the installation of a solar energy system such as the proposed. Mr. McCoy stated that this install- ation would not enhance Dr. Laska' s house and would do very little for the resale value. Mr. McCoy further said he did not wish to register any objection but did think the application deserved a lot of consideration. Mr. James Kerrigan, Jr. of 38 Dante Street apologized to Dr. Laska for not having managed to get over to see what it was all about and said he thought aesthetically the application was objectionable. After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Boraczek - Nay Commissioner Hardesty - Nay Commissioner Bodkin - Nay Commissioner Moore - Nay The application was therefore denied and the following Resolution duly adopted: WHEREAS, Dr. Eugene Laska has submitted an ap- plication to the Building Inspector to allow the construction of a domestic solar hot water system with proposed mechanical equipment cover- ing 29% of supporting roof 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 VIII Paragraph 89-45 A "height exceptions" which restricts total area of mechanical equipment to 10% of area of supporting roof on the premises located at 34 Dante Street and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 121 Parcel 90; and I WHEREAS, Dr. Eugene Laska has submitted an ap- plication to this Board for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons: 1 . Because of the increased cost of energy and increase in taxes the applicant felt in six years he would realize a definite saving in his energy costs. 2. The proposed location was the only feasible site for the collectors. WHEREAS, this Board has examined the plans re- viewed 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 denied the applica- tion on the following grounds: 1 . That the applicant failed to show that the proposed domestic solar hot water system would be a saving in energy costs. 2. That aesthetically the collectors on the roof would detract from the house. 3. That there were no special cir- cumstances or conditions applying to the land for which the variance is sought, which circumstances or conditions are peculiar to such land and which do not apply generally to land in the district. 4. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive the applicant of the reasonable use of the land. 5. That the granting of the variance would not be in harmony with the gen- eral purposes and intent of this Ordi- nance and would be injurious to the public welfare. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The Chairman asked the Secretary to read the last appli- cation. WHEREAS, Dr. Eugene Laska has submitted an ap- plication to this Board for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons : 1 . Because of the increased cost of energy and increase in taxes the applicant felt in six years he would realize a definite saving in his energy costs. 2. The proposed location was the only feasible site for the collectors. WHEREAS, this Board has examined the plans , re- viewed 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 denied the applica- tion on the following grounds: 1 . That the applicant failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Article VIII Paragraph 89-45 A "height exceptions" which restricts total area of mechanical equipment to 10% of sup- porting roof. 2. That aesthetically the collectors on the roof would detract from the house. 3. That there were no special cir- cumstances or conditions applying to the land for which the variance is sought, which circumstances or conditions are peculiar to such land and which do not apply generally to land in the district. 4. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive the applicant of the reasonable use of the land. 5. That the granting of the variance would not be in harmony with the general purposes and intent of this Qrdinance and not aesthetically.in eeping with the residential neighborhood. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. I The Chairman asked the Secretary to read the last appli- cation. APPLICATION NO. 3 - CASE 442 Application of Mr. Odrome Arteaga for modification of Article X Paragraph 89-56 Non-Conforming Uses - "Use of Buildings" which does not permit additions to non-conform- ing uses and Article VI Paragraph 89-35 B Construction Requirements which requires a minimum side yard of 8 ft. so as to allow the construction of an addition to a non- conforming two family dwelling maintaining an existing side yard of 1 .8 ft. on the premises located at 5 Dillon Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Parcl 96 on the grounds of prac- tical difficulty and/or unnecessary hardship. Mr. Arteaga presented his application to the Board and said that he needs additional living space for his father and sister who are coming to live with him. The appli- cant said that the proposed addition will provide a sit- ting living room and the present roof was in need of re- pair. It was pointed out that the addition would not project closer to the property line than the present building and that the house is next to a five story apartment house. Mr. William P. Widulski of 23 Myrtledale Road, Scarsdale, New York, who is a Professional Engineer said that the plan shows the addition without changing the dormer effect in the rear. After further discussion a vote was taken on the appli- cation and the result was as follows : 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. Odrome Arteaga has submitted an application to the Building Inspector to allow the construction of an addition to a non-con- forming two family dwelling maintaining an exist- ing side yard of 1 .8 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 X Paragraph 89-56 Non-Conforming Uses "Use of Buildings" which does not permit additions to non-conform- ing uses and Article VI Paragraph 89-35 B Con- struction Requirements which requires a mini- mum side yard of 8 ft. on the premises located at 5 Dillon Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 505 Parcel 96; and WHEREAS, Mr. Odrome Arteaga has submitted an application to this Board for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons : 1 . The applicant requires additional living space for father and sister who intend living with owner. 2. Addition will provide sitting- living room. 3. Addition will not project closer to property line than present build- ing. 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 Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows : 1 . The proposed addition will not encroach on the property line any further than the present building. 2. The addition will cover a flat roof which was in need of repairs. (c) That the granting of this vari- ance will be in harmony with the gen- eral purposes and intent of this Ordi- nance and will not be injurious to the neighborhood or otherwise detri- mental to the public welfare; and it is J FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article X Paragraph 89-56 Non-Conforming Uses - "Use of Buildings" and Article VI Paragraph 89-35 B Construction Requirements of the Zoning Ordinance so as to allow the construction of an addition to a non- conforming two family dwelling maintaining an existing side yard of 1 .8 ft. and that no sepa- rate cooking facilities shall be maintained in connection with the proposed addition on the premises located at 5 Dillon Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Parcel 96 in strict conformance 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. 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. 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 10:15 P.M. ita A. Johnson, Secretary C,