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HomeMy WebLinkAbout1961_04_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD 41111 OF APPEALS OF THE TOWN OF MAMARONECK, HELD APRIL 26, 1961 , IN THE COURT ROOM OF POLICE HEADQUARTERS, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER George Schuler, acting chairman, called the meeting to order at 8:00 p. m. PRESENT: George Schuler, Acting Chairman Laurence Sobel Richard Eggers ABSENT: A. E. Wullschleger, Chairman Sydney Bierman loof ALSO PRESENT: William Paonessa, Building Inspector MINUTES The minutes of the meeting of February 21, 1961 were approved as presented and the minutes of the meeting of March 8, 1961, were approved as corrected. ANNOUNCEMENTS Before opening the hearing , the Chairman announced that any person who desired to do so could request that hearing on his application be postponed to the next meeting since applications heard when only three members of the Board were present could be granted only upon unanimous vote. OLD BUSINESS--HOWELL PARK ASSOCIATION Mr. Robert B. White, attorney for the Howell Park Association , appeared before the Board and asked that the matter of the ap- plication for revocation of a building permit issued by the Building Inspector be adjourned to the meeting in September, 1961. 236 Mr. James Johnston, representing Grew Properties, stated that this adjournment was satisfactory to him. Whereupon on motion by Mr. Eggers, seconded by Mr. Schuler, the following resolution was unanimously adopted. RESOLVED that at the request of Robert B. White, Esquire, and with the consent of James Johnston, Esquire, the matter of the Howell Park Association be adjourned to the meeting of this Board in September, 1961; and be it FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. HEARING The Chairman declared the hearing open and requested the secretary to read the first application which, after presentation of the affidavit of publication of the notice of the hearing in the official newspaper of the Town of Mamaroneck, the Daily Times, on April 19, 1961, was read as follows: Case 86--APPLICATION NO. 1--ORLANDO CIOFRONE Application of Orlando Ciofrone for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to allow the rebuilding and extension of an existing porch on premises located at 23 Harrison Drive and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 503, Parcel 661, having a side yard of 5' 8" instead of the required 10 ft. on the ground of practical difficulty and/or unnecessary hardship. The chairman inquired whether anyone present wished to speak ii either in favor of or in opposition to this application and the following persons addressed the Board: For Applicant: Orlando Ciofrone 23 Harrison Drive, Larchmont In Opposition: None Mr. Ciofrone appeared and stated that the present porch was badly in need of repair and that it was only four feet wide and not useable. He also pointed out that the proposed 0 porch would be in line with the side of the house. 237 Upon ascertaining that no one present wished to speak in opposition to this application on motion by Mr. Eggers, seconded by Mr. Sobel the following resolution was unani- mously adopted: WHEREAS, Orlando Ciofrone has submitted an application for a Building Permit to the Building Inspector for the construction and extension of an existing porch 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 Mamaroneck with particular reference to Article IV, Section 410 of said Ordinance which provides for side and rear yoar lines, etc. ; and WHEREAS, Orlando Ciofrone 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. Existing porch too small to be useable. 2. New porch will be same distance off side yard and in line with dwelling. 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 apecial circumstances and conditions applying to the building for which a variance is sought, which circumstances and/or conditions are peculiar to such building and do not apply generally to the buildings in the district, and which circumstances and conditions have not resulted from any acts of the applicant sub- { O sequent to the date of the Zoning Regulations appealed from. 238 (b) That the aforesaid circumstances and/or conditions are as follows: 1. Existing porch in bad repair and too small to be useable. 2. New porch will be the same distance off side line and in line with existing dwelling. which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Section 410 would deprive the applicant of the reasonable use of such building and that for these reasons the granting of the variance is necessary for the reasonable use of the building and that the variance as granted by the Board is 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 this 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 allow the construction of and extension to an existing porch having a five foot, eight inch side line rather than the required 10 feet on premises located at 23 Harrison Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Parcel 661 in strict accordance with the 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 Board where a variance is granted the applicant shall obtain a building permit withing three (3) months of the filing of this resolution with the Town Clerk. A building permit shall be void if construction is not started within 6 months or completed within two years of the date of said permit. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The Chariman then requested the secretary to read the second application after pointing out that the wording of the application as it appeared in the paper was incorrect. It should have stated that the fence to be erected would be 6 feet high. 239 Case 87--APPLICATION NO. 2--MARGUERITE KEAN Application of Marguerite kean for permission to erect 112 lineal feet of solid wood fence, 6 feet high along the north and north east line on premises located at 30 Pryer Manor Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 506, Parcel 294, in accordance with Article IV, Section 421. 4 of Zoning Ordinance of the Town of Mamaroneck. The Chairman inquired whether anyone present wished to address the Board either in favor of or in opposition to this application and the following persons were heard: For Applicant: Marguerite Kean 30 Pryor Manor Road In Opposition: None Mrs. Kean appeared and submitted a plan of the property and stated that this fence was necessary to obstruct a view of the dump and to keep out children and dogs. © Since there was no opposition, on motion by Mr. Eggers, seconded by Mr. Sobel the following resolution was unan- imously adopted: WHEREAS, Marguerite Kean herefofore requested a permit for the erection of 112 lineal feet of solid wood fence six feet high along the north and north east line of premises located at 30 Pryer Manor Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121, Parcel 38; and WHEREAS, the Building Inspector refused to grant such permit on the ground that construction or erection of such fence violated Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Marguerite Kean has appealed to this Board for modification of the Building Inspector's decision pursuant to Article IV, Section 421. 4 so as to allow the erection of said fence: NOW, THEREFORE BE IT RESOLVED that permission is granted to Marguerite Kean 240 to erect 112 lineal feet of solid wood fence, 6 feet high along the north and north east line on premises located at 30 Pryer Manor Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 506, Parcel 38, FURTHER RESOLVED that this resolution be filed with the Town Clerk as provided in Section 267 of the Town Law. The secretary then read the third application. Case 88--APPLICATION NO. 3--MRS. R. BLAIR SMITH Application of Mrs. R. Blair Smith for permission to erect 220 lineal feet of wood picket fence along the easterly, southerly and westerly property lines on premises located at 18 Little Farms Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212, Parcel 121 in accordance with Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck. The chairman inquired whether any person present wished to address the Board either in favor of or in opposition to this application and the following persons were heard: For Applicant: R. Blair Smith 18 Little 'Farms Road In Opposition: None Mr. Smith submitted a plan of his property and a picture of the proposed fence. Mr. Schuler stated that he would like to get away from so many requests for fences as he felt we were losing something in the community when we have so many wooden fences. Mr. Sobel asked how high from the ground would be at its highest point and was told it would be five feet. Since there was no opposition on motion by Mr. Sobel, seconded by Mr. Eggers the following resolution was unan- imously adopted: WHEREAS, Mrs. R. Blair Smith heretofore requested a permit for the erection of 220 lineal feet of wood 241 picket fence five feet high along the easterly, southerly and westerly property lines on premises located at 18 Little Farms Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212, Parcel 121; and WHEREAS, the Building Inspector refused to grant such permit on the ground that construction or erection of such fence violated Article IV, Section 421. 4 of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Mrs. Smith has appealed to this Board for modification of the Building Inspector's decision, pursuant to Article IV, Section 421. 4 so as to allow the erection of said fence: NOW, THEREFORE, BE IT RESOLVED, that permission is granted to Mrs. Smith to erect 220 lineal feet of wood picket fence 5 feet high along the easterly, southerly and westerly property lines on premises located at 18 Little Farms Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212, Parcel 121. FURTHER RESOLVED that this resolution be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman then stated that the fourth application as it had appeared in the paper had been very misleading and asked the secretary to read it as it had been corrected. Case 89--APPLICATION No. 4—Gerard V. Dapolito Application of Gerard V. Dapolito for modification of Article IV, Section 400. 4 and Section 410, Schedule of Residence District Regulations, so as to permit the construction of a one family dwelling on a parcel already occupied by a one family dwelling, thereby creating lot areas of 4400 sq. ft and 4300 sq. ft. instead of the required 10, 000 sq. ft. and to allow side yards of 7. 0 ft. and 6. 0 ft. instead of the required 10. 0 ft and 15. 0 ft and also to allow a first floor area of 768 sq. ft . instead of the required 1100 sq. ft. on premises located at 768 Forest Ave. and known on the Tax Assessment Map of the O Town of Mamaroneck as Block 223, Parcel 76 on the ground of practical difficulty and/or unnecessary hardship. 242 The Chairman asked if anyone present wished to address the Board either in favor of or in opposition to this appli- cation and the foolowing persons were heard: For Applicant: Gerard V. Dapolito 768 Forest Ave. , Larchmont George Roddy 719 Forest Ave. , Larchmont In Opposition: Robert Seipel 779 Forest Ave. , Larchmont Benjamin Ginsberg 775 Forest Ave. , Larchmont Dick Hay Wilson 771 Forest Ave. , Larchmont James C. Foley 748 Forest Ave. , Larchmont Harry Randall 752 Forest Ave. , Larchmont Mr. Dapolito appeared and submitted plans for the house he would like to construct. He stated that he had owned the property for three years and that when he bought it he had been told he could build a house on 4300 sq. ft of property. Mr. Schuler asked if Mr. Dapolito had attended the public hearing when the new Zoning Ordinance was adopted and was told that the applicant had known nothing about it. Mr. Roddy pointed out that 75% of the homes in the vicinity were on 50 foot lots. Mr. Eggers pointed out that an addition could be made to Mr. Dapolito's present house in spite of the rock con- dition that exists. Mr. and Mrs. Dapolito told the Board that they need additional space very badly since they have two children and Mr. Dapolito's widowed mother lives with them. Mr. Dapolito further stated that if he was allowed to build the house he would sell or rent the house they now live in. The people who spoke in opposition to this application Qpointed out that the area is already overcrowded, that traffic conditions are very hazardous at the right angle turn of the road where the Dapolito family live. That 243 parking on the street is so bad that police have instituted one side of the street parking. The opponets also pointed out that the Zoning Ordinance was for a good purpose and should be observed wherever possible. Following some further discussion on motion by Mr. Eggers, seconded by Mr. Sobel the following reso- lution was unanimously adopted: WHEREAS, Gerard V. Dapolito has submitted an application for a building permit to the Building Inspector for the construction of a one family house 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 Ord- inance of the Town of Mamaroneck with particular reference to Article IV, Section 400. 4 and Section 410, Schedule of Residence District Regulations, © which provides for lot area, side yards, floor area, etc. ; and WHEREAS, Gerard V. Dapolito 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. Present house insufficient in size. 2. Property owned for three years and has planned on building additional house. 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 denies the application upon the following grounds: 244 1. That there are no special circumstances or conditions applying to the building and/or land for which the variance is sought which circum- stances or conditions are peculiar to such land and/or building and which do not apply generally to land or buildings in the district. 2. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land and/or building and that the granting of the variance is not necessary for the reasonable use of the land and/or 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. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. FOR THE RECORD The following report was read by Mr. Schuler. For the record and at the request of the Acting Chairman. George Schuler, the following is an outline of a discussion held at the home of Peter F. Kane, 56 Park Avenue, Larchmont on Saturday, March 1 1 , 1961. Mr. Kane is the liaison councilman to the Planning Board. Those present were: Fred L. Maggini Chairman Planning Board G. Norman Blair Member Planning Board George Schuler Acting chairman Zoning Board Laurence Sobel Member Zoning Board A discussion of dead-end streets in general and Blossom Terrace and Homer Avenue in particular was held. That dead-end streets do present a problem to municipal vehicles was admitted. 245 It was agreed that all dead-end streets should be listed and studied as to ways of correcting these conditions. Following such study the Planning Board will submit its recommendations to the Town Board. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 10:00 p. m. g4L i� Ruth Dammann, secretary 246