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HomeMy WebLinkAbout1970_07_07 Zoning Board of Appeals Minutes MINUTES OF A SPECIAL MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 7, 1970, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 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. Donald D. Geary, Jr. Absent: Mr. Henry E. Mullick Mr. Price H. Topping Also present: Mr. William Paonessa, Building Inspector PUBLIC HEARING The Chairman declared the hearing open and the Sec- retary presented for the record the affidavit of publication of the notice of hearing. The Chairman explained that this Special Meeting had been called because the regular meeting of June 24, 1970 was postponed due to the lack of a quorum. Mr. Eggers called attention to the fact that because only three members were present the decision would have to be unanimous and the applicants had the priv- ilege of postponing their applications to another meeting without penalty. The applicants declined to adjourn their applications and the Chairman asked the Secretary to read the first application. APPLICATION NO. 1 - CASE 327 Application of Mr. and Mrs. Charles I. Katze for modification of Article IV Section 410 Schedule of Residence District Regulations for an R-7.5 Residen- tial District of the Zoning Ordinance so as to allow the construction of a second story addition having a side yard of 5.8 feet instead of the required min- imum side yard of 10 feet on the premises located at 203 Rockingstone Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 116 Par- cel 514 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. Charles I. Katze presented his application to the Board and stated that when they bought the house 711 years ago they had only one child but they now have four. At present it is necessary to have three children in one room and one in another. If the /,6 applicants are allowed to build the addition they will use the room for another bedroom approximately 20x12. Mr. Katze said that the proposed addition is to be built over the existing den and the roof will be flat. The Chairman asked if it was possible to put the ad- dition in any other location and Mr. Katze stated the only other place would be over. the breakfast room. The applicant said that by building over the exist- ing breakfast room which is at the rear of the pro- perty the room would only be about 10x10 and he would still be in violation. Mr. Katze, also, said that it was financially impossible for them to purchase a larger home at this time. Mr. Eggers pointed out that the addition would be within the present building lines and would conform to the neighborhood. After a short discussion a vote was taken on the ap- plication and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Geary - Aye The application was therefore granted and the follow- ing Resolution duly adopted: WHEREAS, Mr. and Mrs. Charles I. Katze have submitted an application for a build- ing permit to the Building Inspector for the construction of a second story addi- tion 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 Ordinance of the Town of Mama- roneck with particular reference to Arti- cle IV Section 410 Schedule of Residence District Regulations for an R-7.5 Residen- tial District of the Zoning Ordinance which requires a side yard of 10 feet on the premises located at 203 Rockingstone Ave- nue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 514; and WHEREAS, Mr. and Mrs. Charles I. Katze have submitted to this Board an applica- tion for a variance on the ground of prac- tical difficulty and/or unnecessary hard- ship for the following reasons: 1. When the applicants purchased the house 71 years ago they had only one child but they now have four. 2. The proposed location is the only feasible site for the addition. 3. It is financially impossible for the applicants to purchase a larger home at this time. 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 grants the ap- plication on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land and/or building for which a variance is sought, which circumstances and/or con- ditions are peculiar to such land and/or buildings and do not apply generally to the land and/or buildings in the district and which circumstances and con- ditions have not resulted from any acts of the applicant sub- sequent to the date of the Zon- ing Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. The proposed addi- tion is within the present building lines and would conform to the neighborhood. 2. Because of the size of the family it is necessary to have the extra bedroom. 3. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with / f y respect to Article IV Section 410 would de- prive the applicant of the reasonable use of such land and/or building and that for these reasons the grant- ing of the variance is necessary for the reasonable use of the land and/or building and that the variance as granted by this Board is the minimum adjustment that will accomplish this pur- pose. (c) That the granting of this variance will be in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental 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 Residence Dis- trict Regulations for an R-7.5 Residential District of the Zoning Ordinance so as to allow the construction of a second story addition having a side yard of 5.8 feet instead of the required minimum side yard of 10 feet on the premises located at 203 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 514 in strict confor- mance with plans filed with this applica- tion and amended, provided that the appli- cant 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 build- ing permit shall be void if construction is not started within six months and com- pleted within two years of the date of said permit. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in 114 Section 267 of the Town Law. The Chairman asked the Secretary to read the second application. APPLICATION NO. 2 - CASE 328 Application of Monterey Realty Co. for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-TA District of the Zoning Ordinance so as to allow the construction of a two story open private parking garage as an accessory structure to multiple family residence on a lot hav- ing a total building coverage of 71.3% instead of the permitted maximum building coverage of 20%, hav- ing side yards of 0 feet instead of the required set back of 8.1 feet along the southerly property line and 10.0 feet along the northerly property line on the premises located at 14 North Chatsworth Ave- nue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcels 106 and 108 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Munn Brewer, an Attorney, of 188 East Post Road, White Plains, New York, represented the applicant, Monterey Realty Company. Mr. Eggers gave Mr. Brewer copies of reports that had been received since the last meeting from the Police Chief, the Westchester Joint Water Works and the Fire Department in refer- ence to the application. Mr. Brewer stated that the applicants were the owners of the property known as Building "B" of the Chats- worth Gardens Apartments and that the building is now in the process of reconstruction following a disastrous fire. The applicants are also the pros- pective owners of the adjacent parcel where they would like to build the proposed garage. The pro- perty in question is located in an R-TA Apartment Zone and according to the present zoning requirements it is necessary to provide off-street parking. At present there is no off-street parking except a small area on Jefferson Street which is a "paper" street. When the apartment in question is reconstructed it will contain 94 dwelling units and the proposed gar- age will provide for 103 parking spaces. Mr. Brewer pointed out that the entire neighborhood has inad- equate parking facilities and overnight parking in the area is limited. Mr. Brewer, also, pointed out that in the event of a future fire it is important that there be means of access for fire apparatus to reach the area and the ramps and decks of the proposed new garage will be constructed so as to provide this important safety measure. Mr. Brewer stated that in as far as practical dif- ficulty and unnecessary hardship is concerned it would be impossible to comply with the ordinance in regard to area, coverage and yard requirements as there is not sufficient land available to meet such requirements but a substantial improvement would be made in providing for 103 parking spaces for the use of the tenants of Building "B". The applicants maintain that the construction of the garage will not adversely affect the adjoining property as the land in question is located in an area entirely non-conforming to the present require- ments of the ordinance. Mr. Pucillo, the Architect, stated that they had incorporated suggestions made by the Town Engineer and the top ramp of the garage is shown level with the windows of the first floor in the apartment house. The applicants said they would consider any suggest- ions the Board may have. The Board pointed out that if the application was granted the applicants should receive permission from the County to cut through the island on Murray Avenue as this would be more desirable as far as relieving traffic. The Board suggested that it would be very important to have appropriate lighting and Chief O'Brien in his report had suggested that ample private policing be provided in view of the possibility of theft and vandalism. It was pointed out that a portion of Jefferson Street is owned by the applicant and if the applicant was to use the northeasterly portion that is owned by the Town it would be necessary for an easement to be granted by the Town Board. Mr. Nicholas Leone and his brother, Mr. Edward Leone of 27 Murray Avenue objected to the application because they felt the zoning was being changed to a business zone. The Chairman explained that the application was not for a change in zoning as the applicants could build a private garage without applying to the Zoning Board except that they did not have the area requirements for the size garage they wanted to build. Mr. Leone said that he felt there is too much traffic at present on Murray Avenue with- out the additional traffic that would be caused by the garage. Mr. Leone expressed concern over the fire hazard and stated that at the time of the fire in "B" Building they had given permission for the trucks to go on their property. Mr. Leone stated that the reason he felt the zoning was being changed to a business zone was because they proposed to charge if �1 rent for the garages but Mr. Eggers explained that the garage is an accessory use to the apartment build- ing and it would be necessary for the owners to charge for the rent of the garages. Mrs. Eunice Pease of 21 North Chatsworth Avenue said she was in favor of the application as it would help the parking situation in that area. Mr. Geary asked if a garage was built which would satisfy the Zoning requirements how many cars could be accommodated and it was pointed out that the only size garage that could be built would be one that would only accommodate about 8 or 10 cars. A question was raised as to whether the garage could be built underground but it was pointed out that it would be veryexpensive and it would be impossible to build the garage as part of the reconstructed apartment. It was also pointed out that according to the present plan the building is depressed as far as possible from a reasonable point of view. Another question was raised as to the ramp and the Board pointed out that the Fire Department had re- quested the parking platform on the top level be strong enough to handle two pieces of fire equip- ment of approximately 70,000 lbs. The Fire Depart- ment also requested that on the top deck fire lanes must be laid out and strictly adhered to and a stand pipe be placed on each end to be tied directly to a water supply. After further discussion the Chairman asked for a short recess and when the Board returned the Chair- man announced that the Board was withholding voting until the next meeting of July 22, 1970. Mr. Eggers said that before the next meeting he would like to discuss certain conditions as to appearance, land- scaping, lighting and structural. Mr. Donald LaSala one of the applicants asked if the Building Inspector would have any objection if they cleared the land. Mr. Paonessa said he had no objection and they could also take test borings but they were not to do any excavating. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:45 P.M. Rita A. Johns? , Secretary l� f6