Loading...
HomeMy WebLinkAbout1960_08_24 Zoning Board of Appeals Minutes o MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD AUGUST 24, 1960, IN THE COURT ROOM OF POLICE HEAD- QUARTERS, 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 Sydney Bierman Philip Corby ABSENT: A. E. Wullschleger, Chairman Laurence Sobel ALSO PRESENT: William Paonessa, Building Inspector MINUTES The minutes of the meetings of July 27 and August 3, 1960, were approved as presented. ANNOUNCEMENT • Before opening the hearing, the Chairman announced that any person who desired could request that hearing on his application be postponed to the next meeting since ap- plications heard when only three members of the Board were present could be granted only upon unanimous vote. HEARINGS The Chairman declared the hearing open. The secretary presented the affidavit of publication of 182 notice of hearings as published in the official newspaper 0 of the Town of Mamaroneck, The Daily Times on Wed- nesday, August 17, 1960. The Chairman asked the secretary to read the first ap- plication. r J`1 APPLICATION NO. 1--JOHN J. MADEY Case # 77 1 Application of John J. Madey for modification of �� Article IV, Section 410, Schedule of Residence District Regulations, so as to permit the con- "::'. struction of an addition to the existing building =` located at 41 Villa Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111, Parcel 119, having a front setback of et: k 15. 75 feet, rather than the required 30 feet and a side yard of 6 feet rather than the required 10 feet, on the ground of practical difficulty and/or unnecessary hardship. 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 Applicant: John J. Madey Frances Madey 41 Villa Road Larchmont, N. Y. In Opposition: None Mr. Madey appeared and explained that this addition to his home was a very necessary one as they did not have sufficient bedroom space for their family. Mr. Bierman asked if it would be possible to have the extension 16 feet rather than the 20 feet applied for. Mrs. Madey said that they really needed the 20 feet as they wanted to add two bedrooms for their two sons. The Board also asked if the house could be extended in the other direction and were advised that the topography of the land and the great amount of rock made the cost too great. Following some further discussion on motion by Mr. Bierman seconded by Mr. Corby the following resolution was unanimously 183 adopted: WHEREAS, John J. Madey has submitted an application for a building permit to the Building Inspector for the construction of an addition to an existing building, to- gether with plans for same: 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, which provides for side yards, setbacks, etc. : and WHEREAS, John J. Madey 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. Applicant needs more room for family. 2. Topography of land and outcroppings of rock make it impossible to extend in any other direction and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all pers ons interested in this application after publication of a notice therof, NOW, THEREFORE, BE IT RESOLVED that this Board finds the following: (a) That there are special circumstances and conditions applying to the land and/or building for which a variance is sought, which circum- stances and/or conditions are peculiar to such land and building and do not apply generally to the land and buildings in the district, and which circumstances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. 184 (b) That the aforesaid circumstances and/or conditions © are as follows: 1 . Owner needs additional space for family, 2. Topography of land and outcroppings of I rock make it impossible to buildin in any other manner. 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 the land and/or building and that for these reasons the granting of the variance is necessary for the reasonable to Cy use of the land and/or building and that the variance as granted by this Board is the minimum adjustment that will accomplish this purpose. (c) That the granting of this variance will be in harmony widi 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 Article IV, Section 410 11) of the Zoning Ordinance of the Town of Mamaroneck, Schedule of Residence District Regulations be varied and modified so as to permit the construction of an addition to an existing building having a front setback of 15. 75 feet, rather than the required 30 feet and a side yard of 6 feet rather than the required 10 feet, on premises located at 41 Villa Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111, Parcel 119, 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; and it is FURTHER RESDLVED 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 construction is not started within a period of six months or completed within a period of two years of the date of said permit. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 185 Cof the Town Law. The secretary then read the second application. APPLICATION NO. 2---GLEN ROCK Case ESTATES # 76 • cr{ Application of Glen Rock Estates for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to permit the construction of a dinette to the existing building located at 22 Country Road, and known on the Tax Assessment Map of the F �= Town of Mamaroneck as Block 320, Parcel 649, having a rear yard of 15 feet rather than the required 25 feet, on the ground of practical difficulty and/or unnecessary hardship. The Chairman asked if any person present wished to be heard either in favor of or in opposition to this application and the following persons addressed the Board: For Applicant: Alfred Willis, Architect 132 Larchmont Ave. , Larchmont William A. Glaser 101 Park Ave. , New York Joseph Gleicher 55 liberty St. , New York John Carlson 206 West St. , Mamaroneck Patrick J. Robinson 20 Country Road, Larchmont In Opposition: None Mr. Willis, architect, appeared and explained the plans submitted with this application. He statedthat altho this was a new house the purchaser wished this additional room because of the size of his family. Mr. Gleicher was asked by the Board whether the sale of the house depended on the granting of this variance. Mr. Gleicher said no. Mr. Glaser explained that this house bordered County property and that the extension would back to this property. Mr. Carlson and Mr. Robinson stated that they saw no objection 186 to this extension and felt that the new owner would be an asset to the neighborhood. Mr. Corby pointed out that the powers of the Zoning Board are such that cases of hardship should be proven and advised that applicants procure and study the new Zoning Ordinance book. These books can be purchased at the Town Office. Following some discussion the applicant agreed to amend his plan and build an extension 12 x 16. 6 feet rather than the pro- posed 20 x 16, thereby having a rear yard of 19 feet. On motion by Mr. Corby, seconded by Mr. Schuler the following resolution was unanimously adopted: WHEREAS, Glen Rock Estates has submitted an application for a building permit to the Building Inspector for the construction of an addition, together with plans for same; and WHEREAS, the Building Inspector has refused to issue such permit on the ground 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 of said Ordinance, which provides for rear yards etc, and WHEREAS, Glen Rock Estates 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. Purchaser requires more dining area because of size of family 2. Kitchen already built and it is impossible to build dining area in any other location and WHEREAS, this Board has examined the plans and also has viewed the property and has heard all per- sons interested in this application after publication of a notice thereof, 187 NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following: (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 are peculiar to such land and building and do not apply generally to the buildings and/or land in the district, and which circumstances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or con- ditions are as follows: 1. Purchaser require more dining area 2. Kitchen is already built therefore this is the only feasible area for the addition of dining area. 3. Property borders County property and will not affect neighboring properties. 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 land and building and that for these reasons the granting of the variance is necessary for the reasonable use of the land and building and that the variance as granted by the Board is the minimum ad- justment 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 otherwise detrimental to the public welfare; and it is FURTHER RESOLVED that Article IV, Section 410 of the Zoning Ordinance of the Town of Mamaroneck relating to rear yard requirements be varied and modified so as to permit the construction of an 188 addition to an existing building having a 19 foot rear yard rather than the required 25 feet on premises located at 22 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320, Parcel 649, in strict accordance with the amended plan as 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 within three 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 secretary then read the third application APPLICATION NO. 3---THOMAS J. SEMENZA Case # 78 Application of Thomas J. Semenza for modification of Article IV, Section 455. 4 which provides that no parking required for business use in a business district may be provided in a residence district, so as to permit the construction of a parking lot on premises located at 417 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505, Parcel 446, said lot to extend 200 feet in from the southerly side of the Boston Post Road, partly in an R-6 Residence District, on the ground of practical difficulty and/or unnecessary hardship. The chairman asked if anyone present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board For Applicant: Theodore F. Gilligan, Esquire 481 Main St. , New Rochelle Alfred Willis, Architect 132 Larchmont Ave. , Larchmont In Opposition: None 189 Mr. Gilligan and Mr. Willis explained the plans submitted and stated that this parking lot was needed and would be a safety factor. The chairman then asked the secretary to read the fourth appli- cation, stating that since the third and fourth applications dealt with contiguous property it would held to discuss them at one time. APPLICATION NO. 4---LARCHMONT COUNTRY CLUB DINER Case # 79 Application of Larchmont Country Club Diner for mod- ification of Article IV, Section 455. 4, which provides that no parking required for business use in a business district may be provided in a residence district, so as to permit the extension of an existing parking lot on premises located on Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505, Parcel 433, said lot to extend into an R-6 Residence District, on the ground of practical difficulty and/or unnecessary hardship. The Chairman asked if anyone present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Applicant: Irving Rubin, Esquire 271 North Avenue, New Rochelle Don Zappavigna Post Road, Larchmont In Opposition: None Mr. Rubin, attorney and Mr. Zappavigna, owner of the diner, submitted their plans for the extension of the existing parking lot. They explained that the additional space was necessary due to the growth of the business. The Board members examined the plans and asked Mr. Semenza and Mr. Zappavigna if they would be willing to work together in this matter. Both gentlemen answered that they were willing to do anything reasonable to work out a good plan. Following further discussion as to screening, lighting, etc. , Mr. Schuler suggested that the advice of the State Traffic Engineer be obtained. 190 Whereupon on motion by Mr. Bierman, seconded by Mr. Corby the following resolution was unanimously adopted: RESOLVED, that with the consent of both applicants decision on Applications No. 3 and 4 be deferred until amended plans, showing more detail as to lights, safety, attractiveness and screening be submitted; and it is FURTHER RESOLVED that the advice and counsel of the State Traffic Engineer be obtained by the Building Inspector. 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 10. 25 p. m. g-A111' barrrt---vrtct. uth Dammann, secretary 191