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HomeMy WebLinkAbout1967_04_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD APRIL 26, 1967, 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. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. E. Robert Wassman Mr. Price H. Topping Mr. Henry E. Mullick Mr. Russell G. Pelton Also present: Mr. William Paonessa, Building Inspector Mr. James J. Johnston, Town Attorney APPROVAL OF MINUTES The minutes of the meeting of March 22, 1967 were presented and on motion duly made and seconded, approved as presented. 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 requested the Secretary to read the application of Bessie Gallagher that had been ad- journed from the previous meeting of March 22, 1967. CASE NO. 268 Application of Bessie Gallagher for modification of Article IV, Section 421.4,Fences and Walls of the Zoning Ordinance which restricts heights of fences to 4 foot so as to allow the erection of 75 linear feet of 6' high stockade type fence along the rear property line abutting the New York, New Haven and Hartford Railroad on the premises located at 12 Blossom Terrace and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 403 Par- cel 253 on the grounds of practical difficulty and/ or unnecessary hardship. Miss Bessie Gallagher presented the application to the Board for the erection of a 6' high stockade fence on her property. The applicant owns the pro- perty at 12 Blossom Terrace and leases the house. Miss Gallagher's tenant has children and they are desirous of putting up a 6' fence to protect the children as the property is adjacent to the New York, New Haven and Hartford Railroad. There is at pre- sent a 4' fence on the property in good condition. There is a 6' fence on the easterly side of this property which was put up prior to the Zoning Ordi- nance. The property on the westerly side has a 4' fence and hedge. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Nay Commissioner Topping - Nay Commissioner Mullick - Nay Commissioner Pelton - Aye The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Bessie Gallagher has submitted an application to the Building Inspector for a building permit for the erection of 75 linear feet of 6' high stockade type fence along the rear property line abutting the New York, New Haven and Hartford Rail- road on the premises located at 12 Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Parcel 354; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that erection of said fence would violate Ar- ticle IV, Section 421.4, Fences and Walls of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, the Board finds no facts exist sufficient to justify the erection of 75 linear feet of 6' high stockade type fence as requested, NOW, THEREFORE, BE IT RESOLVED, that the above application for a building permit to erect 75 linear feet of 6' high stockade fence be denied. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. REVSON CASE - PREMIUM POINT ROAD A petition for a rehearing of the Revson application was presented by Mr. Rosen of Dugan & Rosen, 165 Broadway, New York. The Chairman was advised by �77 the Town Attorney that a member of the Board could move to reconsider the application and the Board would have to have an unanimous affirmative vote in order that the applicant could reapply at the next regular meeting of the Zoning Board. Mr. Eggers asked for a short recess to discuss the petition after which on motion of Commissioner Eggers, duly made and seconded, a vote was taken and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Topping - Aye Commissioner Mullick - Aye Commissioner Pelton - Nay The petition was therefore denied. The Chairman requested the Secretary to read the next application. APPLICATION NO. 1 - CASE 269 Application of Mr. Charles Kretchmer, President of Baldwin Hills Development, Inc. for modification of Article IV, Section 410, Schedule of Residence District Regulations for an R-15 District of the Zoning Ordinance so as to allow the construction of a one family dwelling having a front set-back of 25 feet instead of the required front set-back of 40 feet on the premises located at 9 McKenna Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 207 Parcel 53 on the grounds of practical difficulty and/or unnecessary hardship. The Commissioners had all received correspondence at their homes pertaining to this subdivision just before the meeting and decided to postpone the case until the next regular meeting on May 24, 1967. Members of the Board will go out and look at the site. The application will not have to be readver- tised. The Chairman requested the Secretary to read the next application. APPLICATION NO. 2 - CASE 270 Application of Mrs. Alberta Banks for modification of Article IV, Section 440.3 Paragraph (a) , "Non- conforming use of Buildings" and Article IV, Section 410, Schedule of Permitted Uses in a "B" Business District of the Zoning Ordinance so as to allow the construction of a 21'6" x 19'8" addition to the ex- isting non-conforming dwelling on the premises lo- cated at 616 Fifth Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 132 Par- . �� b cel 1 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Banks was represented by Mr. Crant of 43 Calton Road, New Rochelle. Mr. Banks was, also, present at the hearing. Mr. Crant stated that the applicant had resided at 616 Fifth Avenue since 1946 and in 1953 they had been granted a variance to allow a 3 family dwell- ing. The area has since been rezoned to a Business District. The addition will not enlarge the present non-conforming use. The addition is to be erected over a garage deck which is exposed to all kinds of weather and has to be repaired at least twice a year at great expense to the applicant. It was pointed out that there had been a superstructure over the garage at one time but it had been removed. The applicant wants to use the new room for a place to entertain family and friends. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye ( Commissioner Wassman - Aye Commissioner Topping - Aye Commissioner Mullick - Aye Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mrs. Alberta Banks has submitted an application to the Building Inspector for a building permit for the construction of an addition to an existing non-conform- ing dwelling 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 Mamar- oneck with particular reference to Article IV, Section 440.3 Paragraph (a) , "Non-con- forming use of Buildings" and Article IV, Section 410, Schedule of Permitted Uses in a "B" Business District on the premises located at 616 Fifth Avenue and known on the Tax Assessment Map of the Town of Mama- - roneck as Block 132 Parcel 1, and WHEREAS, Mrs. Alberta Banks has submitted to this Board an application on the ground R79 of practical difficulty and/or unnecessary hardship for the following reason: To allow the construction of a 21'6" x 19'8" addition to the existing non-conforming dwell- ing. WHEREAS, this Board has examined the plans 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 building and do not apply generally to the land and/ or buildings in the district, and which circumstances and con- , �i 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 such that the particular appli- cation of the Ordinance with respect to Article IV, Section 410 would deprive the applicant of the reasonable use of such land and/or building and that for these reasons the granting 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 (e. of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and it is ego 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 a 21'6" x 19'8" addition to the existing non-con- forming dwelling on the premises located at 616 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 1 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 RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted, the applicant shall obtain a building per- mit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construc- tion is not started 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 requested the Secretary to read the next application. APPLICATION NO. 3 - CASE 271 Application of Mr. Sam Chutick, Vice President for Jefferson Chatsworth, Inc. , owners for modification of Article IV, Section 410, Schedule of Residence District Regulations for an R-TA District of the Zoning Ordinance so as to allow the alteration of the existing 83 unit non-conforming apartment build- ing by adding three new dwelling units on the pre- mises located at 21 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 133 Parcel 514 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Philip Severin represented Mr. Chutick who also was present at the hearing. Mr. Severin stated that the area where they want to add the three new apart- ments was previously used as a "party" room and a storage room. This area is on the same floor as the lobby and the applicant feels that because of the great demand for apartments this space could be converted into three 3 room apartments which could be used for professional use. The area looks out on two beautiful gardens. It was pointed out that at the time the Stonecrest Apartment was built there was not a parking problem like there is at the present time. Under the pre- sent Zoning Regulations it would be necessary to have space for 125 cars and there is only space for 9 or 10. To ease the parking situation in this area the Town has put in a new metered parking lot on Myrtle Boulevard. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Nay Commissioner Wassman - Nay Commissioner Topping - Nay Commissioner Mullick - Nay Commissioner Pelton - Nay The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. Sam Chutick, Vice President for Jefferson Chatsworth, Inc. , owners has submitted an application to the Build- ing Inspector for a building permit to allow the alteration of the existing 83 unit non-conforming apartment building by adding three new dwelling units on the premises located at 21 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 514; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that alteration of the existing 83 unit non- conforming building would violate Article IV, Section 410, Schedule of Residence District Regulations for an R-TA District of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, Mr. Sam Chutnick, Vice President for Jefferson Chatsworth, Inc. , owners has submitted an application for a var- iance on the ground of practical difficulty and/or unnecessary hardship for the follow- ing reason: To alter the area previously used for a "party" room and storage room by adding three new dwell- ing units. WHEREAS, this Board has examined the plans and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board denied the ap- plication upon the following grounds: 1. That there are no special circumstances or conditions ap- plying 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. 2. That the facts and circum- stances 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 that the granting of the variance is not necessary for the reasonable use of the land. 3. That the granting of the var- F iance would not be in harmony with the general purposes and intent of this Ordinance and would be injurious to the neigh- borhood and detrimental to the public welfare. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:45 p.m. a . Rita A. Johns n, Secretary