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HomeMy WebLinkAbout1963_04_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD APRIL 24, 1963 , IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:00 p.m. PRESENT: Laurence J. Sobel, Chairman Sydney Bierman Richard I. Land Robert White ABSENT: Richard Eggers ALSO PRESENT: John L. Delius, Town Attorney William Paonessa, Building Inspector COMMUNICATION--LAURENCE J. SOBEL Mr. Sobel, Chairman, read for the record the following: April 24th, 1963 Mr. George Burchell, Supervisor Town of Mamaroneck 158 West Boston Post Road Mamaroneck, New York Dear George: Ruth and I, now that our two sons are grown and enjoyed the benefits of the wonderful school system of our area, are moving on or about Aug. 1st, 1963, to White Plains, N.Y. This letter will serve as my resignation as Chairman of the Zoning Board of Appeals of the Town of Mamaroneck, said re- signation to be effective July 31st, 1963 . Both of us have enjoyed immensely the fifteen years that we have lived in the area and have been privileged to serve our fellowmen and women in many capacities. None has given me greater pleasure nor have I been privileged to render greater service than as Commissioner of Zoning since 439 Feb. 1962. To you and to the members of the Town Board, I am deeply grate- ful for the confidence placed in me and for the oppottunity to be of service to the citizens of our community. I hope that this confidence expressed by you has never been misplaced. My sincere thanks, of course, goes to each member of the Board with whom I have served and who have served with me as Chairman, They have made it possible for my tenure, short as it has been, to be most pleasant . Any assistance that I may give to whomever you appoint as my successor or any aid that I may give to the Board at any time is yours to command. Kind regards. Sincerely yours, LAURENCE J. SOBEL, CHAIRMAN ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK LJS:HE MINUTES Mr. Bierman,having noted for the record,the inadequacy of the minutes moved that they be approved, the Board members agreed to the approval of the minutes of the meeting of March 27, 1963 . HEARING The Chairman declared the hearing open and the secretary pre- sented the affidavit of publication of the notice of hearing as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on April 17 , 1963. The Chairman requested the secretary to read the first appli- cation. APPLICATION NO. 1--CASE 158 Application of Augusta Signaigo for modification of Article IV, Section 410, Schedule of Residence District Regulations in an R-10 District, so as to permit the construction of a porch over an existing flagstone terrace, having a rear yard of 13 feet instead of the required 25 feet on premiseslocated at 327 Weaver Street and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 120, Parcel 177, on the ground of practical difficulty and/or unnecessary hardship. 440 The Chairman asked if any person present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Robert Valliere 11 Fernwood Rd., Larchmont Communications: Dr. Peter A. Fauci 90 Chatsworth Ave. , Larchmont John W. Herz, 325 Weaver St. Gene Mott, 48 Colonial Ave. M. Sinclair, 46 Colonial Ave. In Opposition: None Mr. Valliere, nephew of Mrs. Signaigo and speaking for her, appeared and submitted plans for the proposed porch. He explained that his mother, Mrs. Valliere, was a sister of Mrs. Signaigo and made her home with her. He submitted the following letter from Dr. Fauci: TO WHOM IT MAY CONCERN: RE: Mrs. Marie Valliere 327 Weaver St. Larchmont, New York The above mentioned is under my treatment for a severe Arthritis and a congenital hip condition. Due to this she is unable to walk much without difficulty and has to sit for long periods. When the weather is favorable, she will spent much time outdoors on her terrace. To avoid too much sun a top had to be built. This is necessary for health reasons: Peter A. Fauci, M.D. Mr. Valliere also submitted a note, signed by three neighbors, stating that they had no objections to this proposed terrace. Mr. Bierman asked why a canvas roof which would be removable would not answer the purpose. Mr. Valliere replied that his folks were old and not able to put up and remove temporary canvas tops. Mr. Bierman asked if this enclosure would be a permanent one and used both summer and winter. Mr. Valliere replied that it would only be used in the summer. Following some further discussion the following resolution was adopted 441 WHEREAS, Mrs. Augusta Signaigo has submitted an application for a building permit to the Building Inspector for the construction of a porch over an existing flagstone terrace, together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaro- neck with particular reference to Section 410 of said Ordinance which provides for rear yards, side lines, etc. ; and WHEREAS, Mrs. Signaigo has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Occupants elderly and home all day. 2. Woman partially crippled by arthritis and unable to do much walking. and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following and denies the application upon the following grounds: 1. That there are no special circumstances or conditions applying to the building for which the variance is sought which circumstances or conditions are peculiar to such building and which do not apply generally to buildings in the district. 2. That the facts and circumstances claimed by the applicant to entitle her to the variance are not such as would deprive her of the reasonable use of the building and that the granting of the variance is not necessary for the reasonable use of the building. 3. That the granting of the variance would not be in harmony with the general purposes • and intent of this Ordinance and would be injurious to the neighborhood and detrimental to the public welfare. 442 O O m FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The vote on the foregoing resolution was as follows: Sobel Aye Bierman Aye Land Aye White Naye Eggers Absent The secretary then read the next application. APPLICATION No. 2--Case 159 Application of Adam a Sumetz for modification of Article IV, Section 445.2, Building on Lots Less Than Required Size and Section IV, Article 410, Schedule of Residence District Regulations, so as to allow a street line frontage of 40.76 feet rather than the required 50 feet on premises located on le the southerly side of Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404, Parcel 267, on the ground of practical difficulty and/or unnecessary hardship. This is for the renewal of a variance granted on April 25, 1962. LIJ Ul Mr. Sobel and Mr. White both stated that they were members Q of the Howell Park Association and that if Mr. Sumetz wished they would disqualify themselves, however, Mr. Sobel also pointed out that if they did this the application would have °5 to be held over. Mr. Sumetz replied that he had no objection to Mr. Sobel 0 O and Mr. White acting on theapplication. mMr. Sumetz then submitted plans for the proposed house and explained that he had bought the property from Mr. Nye, who had been granted a variance by this Board on April 25, 1962. He stated that the plans were basically the same as before. Due to legal difficulties Mr. Sumetz was unable to take title to the property until November 13, 1962, he had bought the property with the knowledge that a variance had been granted and had expected to be able to comply with all the conditions. However, due to the severe winter he was not able to build within the time limit set. Mr. Bierman pointed out that now that the lot has changed ownership things are not the same. Mr. Sumetz said that he was actually here to ask for an extension of time on the building permit. Mr. Bierman stated that he thought this matter should be wow considered a new application w nN ►L 443 • Mr, Delius, Town Attorney, stated that in his opinion a variance had been granted under the Zoning Ordinance with certain conditions, since these conditions had not been met the variance was now dead. Following some further discussion on motion by Mr. Sobel seconded by Mr. Land the following resolution was unanimously adopted: Resolved, that application of Mr. Adam Sumetz be adjourned to the next regular meeting of the Board on May 22, 1963, at which time he is to submit a new application which will be advertised at no expense to Mr. Sumetz. The secretary then read the next application. APPLICATION NO. 3--Case 149 Application of Otto Scheuble for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to permit the construction of a one family dwelling having a front yard of less than 30 feet, to wit, 22 feet on premises located at 25 Rock Ridge Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412, Parcel 596, on the ground of practical diffi- culty and/or unnecessary hardship. This is for the re- ,,� newal of a variance granted October 26, 1960. The Chairman asked if any person present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Otto Scheuble Mr. Scheuble appeared and stated that he would like to with- draw his application. He further said that he had been advised by Mr. Delius that a variance granted in 1955 having no time limit still maintains and therefore it is not necessary for him to seek renewal of the variance granted in 1960. The Board granted him permission to withdraw his present application and stated that granting him the withdrawal no judgement was being made for the reasons for it. COMMUNICATION The secretary then read a letter from Rudy Novak who had submitted an application to erect 4 roof signs on his property in this letter Mr. Novak stated that he would like to withdraw his application and would re-apply to the Town Board when the new Sign Ordinance goes into effect. This request was granted by the Board. 444 The secretary then read the last application. APPLICATION NO. 4--Case 155 Application of Trygve Ryen for modification of Article IV, Section 410, Schedule of Residence District Regulations in an R-15 District, so as to permit the construction of a one family dwelling on a lot having an average depth of 80 feet, more or less, instead of the required 100 feet and a set back of 30 feet from Sackett Drive and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 106, part of Parcel 234, on the ground of practical difficulty and/or unnecessary hardship. The Chairman asked if any person present wished to address the Board either in favor of or in opposition to this appli- cation and the following persons addressed the Board: For Appellant: Joseph Rigano, Builder 15 Mardon Road, Larchmont James C. Denton Sheldon Turk, Secretary Bonnie Weaver Assoc. Letter from Joseph Friend 1 Sackett Drive Telegram from David Robbins 18 Althea Lane In Opposition: None Mr. Rigano, representing Mr. Ryen, appeared and submitted plans for the proposed house. He stated that Mr. Ryen and himself had gotten together with the members of the Bonnie-Weaver Association and others interested in this application and had arrived at an amicable arrangement for all. Mr. Rigano then went on to name the changes that had made the agreement possible, they are: 1. Garage and driveway would be moved from the east to the south side of the house 2. North-South dimensions of the house would be reduced 5 feet. 3. Southwest corner of the building would be precisely 30 feet from Sackett Drive. Mr. Bierman raised the question as to whether the shortening of the building would reduce the total number of square feet to below the minimum required in the area. Mr. Paonessa, building inspector that the dwelling would have 445 1620 square feet or 20 feet more than the requirement. The Chairman read a letter from Joseph Friend and a telegram from David Robbins expressing their approval of the revised plans. Following some further discussion and the statement by Mr. Turk that all who were signators to the letter of opposition presented at the meeting of this Board in March were now in favor of this revised plan the following resolution was unani- mously adopted: WHEREAS, Trygve Ryen has submitted an application for a building permit to the Building Inspector for the con- struction of a one family dwelling, together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaro- neck with particular reference to Article IV, Section 410 which deals with set backs, depth of lots, etc. ; and WHEREAS, Mr. Ryen has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Plot very irregular 2. Topography is such that conformance with 40 foot set back is not possible and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following: (a) That there are special Circumstances and conditions applying to the land for which a variance is sought which circumstances and/or conditions do not apply to land in the district and which circumstances 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 aforesaid circumstances and/or conditions are as follows: 1. Plot very irregular 2. Topography makes 40 foot set-back unfeasible. 446 which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Section410, would deprive the applicant of the reasonable use of his land and that for these reasons the granting of the variance is necessary for the reasonable use of the land and that the uariance as granted by this Board i8 the minimum adjustment that will accomplish this purpose. (c) That the granting of this variance will be in harmony with the general purposes and intent of the Ordinance 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 to the applicant and that Article IV, Section 410 be varied and modified so as to permit the construction of a one family dwelling on premises located on the east side of Sackett Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 106, part of Parcel 234 on a lot having an average depth of 80 feet and a set back of 30 feet from Sackett Drive, in strict conformance with the plans filed with this application, and amended, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. Further provided that the applicant obeys the following conditions: 1. Garage and driveway to be moved from the east to south side of house. 2. North-South dimensions of the house to be reduced 5 feet. 3 . Southwest corner of the house to be precisely 30 feet from Sackett Drive. FURTHER RESOLVED that in accordance with the Rules and Regulations of the Zoning Board 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. A building permit shall be void if cpnstruction is not started within 6 months-or- nnt kD 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 meeting it was adjourned at 9:30 p.m. fa6d 11-11:1j"Mrneki\ 4-0,-vx"\--) Secretary 447