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HomeMy WebLinkAbout1966_08_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD AUGUST 24, 1966, 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 Mr. Eggers, the acting Chairman at 8:10 p.m. ROLL CALL Present: Mr. Richard F. Eggers, Acting Chairman Mr. E. Robert Wassman Mr. Henry Mullick Absent: Mr. Price H. Topping Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of July 27, 1966 were pre- sented and on motion duly made and seconded, approved as submitted. 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. Mr. Eggers advised both applicants that because there were only three Board members present their applica- tions would have to be approved unanimously and they had the privilege of adjourning their cases without penalty for a later hearing. Both applicants declined to adjourn. The Chairman requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 250 At this time Mr. Protano requested that since his Attorney, Mr. Mazin had not arrived, if the Board agreed, Mr. Clarke who was the second applicant could be heard first. APPLICATION NO. 2 - CASE 251 Application of Edward Clarke for modification of Ar- ticle IV, Section 410, Schedule of Regulations for an R-10 Residence District, Note "A" of the Zoning Ordinance so as to allow an addition to a one family dwelling, located on a corner lot having front set backs of 26.5 feet from Crest Avenue and Rockland ( b � Avenue instead of the minimum required front set backs of 30 feet from both streets, on the premises located at 67 Rockland Avenue and known as Block 233, Parcel 452 on the Tax Assessment Map of the Town of Mamaro- neck, on the grounds of practical difficulty and/or unnecessary hardship. Mr. Clarke appeared before the Board and stated that his reason for wanting this addition is to add two extra bedrooms and a bathroom to the present dwell- ing. When they bought the house in 1959 the family consisted of only three members but at present there are five. There is no cellar in the house and they, therefore, have a storage problem for bicycles, lawn equipment, etc. There is only one bathroom and with three daugh- ters there will be need for an extra bathroom. Mr. Clarke proposes to build this extension about four blocks higher than the existing dwelling. Mr. Clarke was asked if he had thought about putting on a second story. He stated that this was a ranch type house and he thought the proposed plan was the most practical. It was pointed out that there was already an existing window at the rear of the house which would not have to be relocated should the proposed addition be set back further from Crest Avenue. When Mr. Clarke bought the house in 1959 he was un- der the impression that he could add an extension with a 16' setback but at that time the Zoning re- quirements were changed. There was no opposition to this application and after further discussion a vote was taken on the application and the result was as follows : Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Mullick - Aye The application was therefore granted and the follow- ing resolution duly adopted: WHEREAS, Edward Clarke has submitted an application to the Building Inspector for a building permit for the construction of an addition to the existing dwelling to- gether 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 410, Schedule of Residence Dis- $Oc'k/ r trict Regulations for an R-10 Residential © District, Note "A" of the Zoning Ordinance which provides for front set backs of 30 feet on corner lots from both streets on the premises located at 67 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 233, Par- cel 452, and WHEREAS, Edward Clarke has submitted to this Board an application on the ground of practical difficulty and/or unnecess- ary hardship for the following reason: To allow the construction of an addition to the dwelling located on a corner lot having front set backs of 26.5 feet instead of the required 30 feet. WHEREAS, this Board has examined the plans and also viewed the property and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT Ank RESOLVED, that this Board grant the appli- ftw_ cation on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land/or building for which a variance is sought, which circumstances and/or conditions are peculiar to such land and/or buildings and do not apply gen- erally to the land and/or build- ings 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 circum- stances and/or conditions are as follows: 1. Addition will pro- vide livable area in compliance with mini- © mum floor area require- ments for dwellings located in R-10 dist- ricts. -f 2. That said circum- stances and/or condi- tions 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 grant- ing of the variance is necessary for the re- asonable 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 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 be varied and modified so as to allow the construction of an addition to the existing,:dwelling, located on a cor- ner lot having front set backs of 26.5 feet instead of the required 30 feet from both streets, on the premises located at 67 Rock- land Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223, Parcel 452, 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 Board where a variance is granted, the ap- plicant 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 six months and 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. The Chairman advised the Secretary since she had already read Application No. 1 it was not necessary to repeat it. APPLICATION NO. 1 - CASE 249 Application of Protano Inc. by Gaetano Protano Jr. , Vice President for modification of Article IV, Sec- tion 410, Schedule of Regulations for an R-10 Resi- dence District of the Zoning Ordinance so as to allow the construction of a one family dwelling on a lot having a depth of 85 feet instead of the required minimum depth of 100 feet, on the premises located at 198 Hickory Grove Drive and known on the Tax As- sessment Map of the Town of Mamaroneck as Block 214, part of Parcel 545, on the grounds of practical dif- ficulty and/or unnecessary hardship. The following persons were heard: In favor: Donald Mazin, Esq. Attorney for applicant 22 Boston Post Road, Larchmont Mr. Gaetano Protano, Jr. Protano Lane Mamaroneck, New York In opposition: Mr. Frank Perciasepe 196 Hickory Grove Drive Lee Bloom, Esq. Attorney representing Mr. & Mrs. Arthur E. Gasparini 189 Hickory Grove Drive Mrs. Arthur E. Gasparini 189 Hickory Grove Drive Mr. De Meril Riedinger 193 Hickory Grove Drive Lazar Levinthal, Esq. 199 Hickory Grove Drive Mr. John C. Smith 187 Hickory Grove Drive Dr. George T. Peters 195 Hickory Grove Drive CCommunications: Letter of opposition from Mr. Arthur E. Gasparini 189 Hickory Grove Drive yG7Silk Ai Letter of opposition signed by the following: Mr. Frank Perciasepe 196 Hickory Grove Drive Mr. Carl Heller 194 Hickory Grove Drive Dr.&Mrs. George T. Peters 195 Hickory Grove Drive Mr. Edwin Hoffman 185 Hickory Grove Drive Mr. Harold Loewenheim 167 Hickory Grove Drive Mr. John C. Smith 187 Hickory Grove Drive Mrs. B. Jeannette Morrell 185 Hickory Grove Drive Mr. Richard Sarkisian 191 Hickory Grove Drive Mrs. A. E. Gasparini 189 Hickory Grove Drive Mr. DeMeril A. Riedinger 193 Hickory Grove Drive Mr. Lazar Levinthal 199 Hickory Grove Drive The Chairman suggested that inasmuch as this case had been before the Board at the last meeting and was part of the minutes it would not be necessary to repeat the same arguments as had been heard the previous month. Mr. Mazin presented a new petition which he claimed was for an "Area" variance. He described an "area" variance as one which does not involve a use which . is prohibited by the Zoning Ordinance and a "use" variance as one which permits a use of land which is proscribed by the Zoning Regulations. Mr. Mazin stated that the lot in question exceeds in total area the area which is required by the Zoning Ordinance as well as the total area of most of the lots in the immediate vicinity and also that 0 the lot and proposed dwelling meet all the require- ments of the Zoning Ordinance. Because of the pe- culiar size and shape of the lot it lacks the depth required by the Zoning Ordinance on one side. Mr. Mazin further stated that if this was a self- imposed hardship there was no proof that the appli- cant's difficulties were self-inflicted. Mr. Bloom and Mr. Levinthal felt that if this var- iance was granted it would set a precedent in viola- tion of the Zoning Laws and that Mr. Protano could deed the property in question to the Town of Mamar- oneck. It was also pointed out that Mr. Protano had not offered to buy the piece of property to the rear, but had tried to make a "swap". After further discussion a short recess was called. When the Board returned a vote was taken and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Mullick - Aye The application was therefore granted and the fol- lowing resolution adopted: WHEREAS, Protano Inc. , by Gaetano Protano, Jr. , Vice President has submitted an application for a building permit to the Building Inspec- tor for the construction of a one family 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 410, Schedule of Residence District Regulations for an R-10 Residen- tial District of the Zoning Ordinance which provides for a minimum depth of 100 feet, on the premises located at 198 Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamar- oneck as Block 214, part of Parcel 545, and WHEREAS, Protano Inc. has submitted to this Board an application on the ground of practical difficulty and/or unnecessary hardship for the following reason: To allow the construction of a one family dwelling on a lot hav- ing an average depth of 85 feet instead of the required minimum depth of 100 feet. WHEREAS, this Board has examined the plans and also 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 granted the ap- plication on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land/or building for which a variance is sought, which circumstances and/or conditions are peculiar to such 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: Due to the irregular shape of the parcel the average depth which is deficient would not cause the proposed dwell- ing to satisfy all the yard requirements of the ordinance. (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 be varied and modified so as to allow the construction of a one fam- ily dwelling on a lot having a depth of 85 feet instead of the required minimum depth of 100 feet on the premises located at 198 Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mam- aroneck as Block 214, part of Parcel 545, C 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. , l' FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Board where a variance is granted, the ap- plicant 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 six months and 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 :45 p.m. X/67-41:' , . C Rita A. Joh n, Secretary C 0