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HomeMy WebLinkAbout1975_05_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MAY 28, 1975, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. Richard F. Eggers , Chairman Mr. E. Robert Wassman Mr. Andrew W. Boraczek Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the regular meeting of April 23, 1975 and the Special Meeting of May 21 , 1975 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. APPLICATION NO. 1 - CASE 425 Application of Mrs. Joy Baumblatt for modification of Article IV Section 410 "Schedule of Permitted Uses in a Residence District" R-10 One Family District which does not permit multiple family use so as to allow the exist- ing dwelling to be used and occupied as a three family dwelling on the premises located at 66 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 131 on the grounds of practical dif- ficulty and/or unnecessary hardship. The Chairman asked Mr. Paonessa, the Building Inspector to explain the application to the members of the Board and neighbors present. Mr. Paonessa stated that accord- ing to the records of the Building Department the build- ing permit that was issued in 1923 was for a one family residence and a search of the records does not show where the house was converted to a legal three family residence. The Building Inspector said that the dwelling has been used as a three family house and recently he had been requested to make an inspection of the basement apartment for Social Services which he could not do since the Build- ing Department records show a one family residence. Mr. Paonessa advised Mr. Baumblatt if he wanted to have Mr. Paonessa advised Mr. Baumblatt if he wanted to have the records to show the dwelling as a legal three family house to file an application for the Zoning Board of Ap- peals. Mr. Paonessa further said that even though the house in question has been used as both a two and three family residence the Building Department records do not show any building permits to change the dwelling from a one family house. Mrs. Baumblatt presented her application to the Board and said that she was asking for a Certificate of Occu- pancy for a three family residence and she had traced back to 1928 and the house at that time was a three fam- ily dwelling. Mr. L. Moshier of 79 Rockland Avenue said he had lived at 66 Holly Place 42 years ago and it was a three family house at that time having separate entrances for the sec- ond and third floor and there never had been any alter- ations made. Mrs. Marion Mangels of 56 Holly Place said she had moved into her house in 1945 and the dwelling in question was a three family residence at that time. Mrs. A. Golly of 62 Holly Place said that her parents had lived on the first floor of 66 Holly Place in 1928. Mr. Golly, also, spoke in favor of the application. Mr. James Lovallo who lives at 66 Holly Place said he was a part owner of the house and Mr. Wassman asked Mr. Lovallo if his title showed anything. Mr. Lovallo said his bill of sale stated it was a legal three family. Mrs. Baumblatt said the Lovallo's had come in as partners when they were having trouble with the rent control since the apartments were registered for the previous owners. A question was raised by the Board as to how the house was being assessed and Mr. Paonessa said he had talked with the Tax Assessor and had been told that the assess- ment was based on the structure that is there. The Board questioned as to how many families are presently living in the house and Mr. Lovello said he had previously lived there and left in 1971 to move to Florida but about a month ago had moved back. Mrs. Baumblatt said they had lived there for about 12 yews and had purchased the house in 1969. Mr. Edward Clarke of 67 Rockland Avenue said he was in favor of the application but could not understand why so many years had gone by before the situation was brought to light. Mr. Norman Wilson of 69 Rockland Avenue spoke in favor of the application. Mr. Paonessa pointed out that in the past four or five years when a house is sold the purchaser requests a copy of the Certificate of Occupancy which in the past was not required and some mortgage companies demand this information now, Mr. and Mrs. Jacques Henrard of 44 Holly Place said they are new residents and had been told when they purchased the house it was a one family neighborhood. Mr. and Mrs. Henrard stated that their taxes are high and they had paid a lot of money for their house and were defi- nitely opposed to having the application granted. Mr. Donald MacMannis of 68 Holly Place said he had lived next door to the property in question for 24 or 25 years and when he had bought his house he did not realize the house at 66 Holly Place was a three family house. Mr. MacMannis stated that the three family house causes an undue burden on the neighbors because of the increase in cars and the tenants had parked in his driveway mak- ing it impossible for him to get out. Mr. and Mrs. Frank Tricaricco of 771 Forest Avenue both spoke against the application. Mr. Tricaricco said that he felt a three family house downgrades the neighborhood. Mrs. DeMarco of 42 Holly Place said she had not received a notice but was opposed to the application. It was pointed out that only the neighbors within 400 ft. are notified. Mrs. Peggy Snyder said she did not live in the inenedi- ate neighborhood but wondered why after all these years this matter was brought to light and the Chairman explained that Mrs. Baumblatt had applied to the Building Depart- ment for a "Certificate of Occupancy" for a three family dwelling. A question was brought up as to why when the revaluation was done by the Town the use of this house as a three family dwelling had not been discovered. Mr. Paonessa explained that the Building Department records are sepa- rate from the Assessor' s Office records and according to the Building Department files it was built as a one family residence in 1923 in a one family residential zone which had originally been zoned for one family in 1922. After further discussion the Board asked for a recess and when they returned the Chairman explained that the Board usually votes on the application at the time of the hearing but they felt because of the 50 years involved in the usage it would be necessary to have an opinion of the Town Attorney, Mr. Johnston. Mr. Eggers said that when the decision was made it would be made public by direction to the applicant. The Chairman asked the Secretary to read the second ap- plication. APPLICATION NO. 2 - CASE 426 Application of Mr. Allen Pardo for modification of Ar- ticle IV Section 410 Schedule of Residence District Regu- lations for an R-10 Residential District which requires a minimum rear yard of 25 ft. and a minimum side yard of 10 ft. so as to allow the construction of a screened porch having a rear yard of 11 .0 ft. and a side yard of 7.0 ft. on the premises located at 28 Rockland Ave- nue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Parcel 435 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Pardo presented his application to the Board and said they were requesting permission to screen in an existing patio. The applicant said they had purchased the house about five years ago and at that time they had no children. Mr. Pardo said they now have two chil- dren and enjoy the outdoors but because of bees and mos- quitoes they cannot use the present porch without a screened facility. The applicant stated that there is no other spot on the property where they can put the screen porch and he had discussed the application with his two adjoin- ing neighbors. It was pointed out that the rear of the applicant's pro- perty is adjoining the Town of Mamaroneck Nature Trail and the existing side yard is presently non-conforming. A question was raised as to the access into the main dwelling and Mr. Pardo said he would not want to enter directly into the dining room which would encroach even more on an already small yard. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mr. Allen Pardo has submitted an appli- cation to the Building Inspector to allow the construction of a screened porch having a rear yard of 11 .0 ft. and a side yard of 7.0 ft. to- gether 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 Residence District Regulations for an R-10 Residential District which requires a minimum rear yard of 25 ft, and a minimum side yard of 10 ft. on the premises located at 28 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Parcel 435; and WHEREAS, Mr. Allen Pardo has submitted an appli- cation to this Board for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons : 1 . The proposed enclosed porch will provide an outdoor living space with a screened facility. 2. There is no other location where the porch could be built in compli- ance with the Zoning Ordinance. 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 proposed addition will not encroach on the side line any further than the present patio. 2. The proposed addition will create an outdoor liv- ing space with a screened facility. (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 /66 it is FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV Section 410 Schedule of Residence District Regu- lations for an R-10 Residential District of the Zoning Ordinance so as to allow the construc- tion of a screened porch having a rear yard of 11 .0 ft. and a side yard of 7.0 ft. on the premises located at 28 Rockland Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 222 Parcel 435 in strict con- formance with plans filed with the 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 9:30 P.M. i e6tU Rita A. Johns , Secretary 1 � �� J