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HomeMy WebLinkAbout1965_08_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD AUGUST 25, 1965, 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 8:05 p.m. ROLL CALL Present: Mr. Sydney D. Bierman, Chairman Mr. Henry E. Mullick Mr. Richard Eggers Mr. E. Robert Wassman Absent: Mr. Price H. Topping Also Present: Mr. William Paonessa Building Inspector APPROVAL OF MINUTES The minutes of the meeting of July 28, 1965 were approved as corrected, on motion duly �-. made and seconded. ANNOUNCEMENT The Chairman announced receipt of a letter from Dr. Posteraro in reference to Case 219 which was heard on July 28, 1965, inquiring as to the reason for denial of his application. This letter was ordered received and filed for the record and at the Chairman's direction a reply was sent stating that the action of the Board would be fully set forth on the adoption of the minutes of the meeting of July 28, 1965, copies of which could be secured at the Town Offices. PUBLIC HEARING The Chairman declared the hearing open and the secretary presented for the record the affidavit of publication of the Notice of the Hearing. The Chairman then requested the secretary to read the first application. APPLICATION NO. 1 - Case 222 C 685 r0".. Application of Bernard Schwartz for modification of Article �,. IV, Section 455.2 entitled "Layout and Location of Off-Street Parking Facilities", so as to allow the construction of an off-street parking facility to be located less than the re- quired 25 feet from the front property line and less than the required 5 feet from the side lot line, on premises located at 17 Kenmare Road, Town and known as Block 409, Parcel 50 on the Tax Assessment Map of the Town of Mamaroneck, on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard: In favor: Mr. Thomas Curnin, Attorney 80 Pine Street New York, New York Mr. Bernard Schwartz 17 Kenmare Road Larchmont, New York Mr. Paul Trompeter 26 Alden Road Larchmont, New York In opposition: None (:2 Communications: None Mr. Curnin stated that Mr. Schwartz was seeking off-street parking facilities due to the fact that no facilities were available on his property. He further stated that the appli- cant and his daughter have bronchial asthma and that his car has to be available immediately in case of emergency. Parking in his neighbor's driveway has proved unsatisfactory and parking his car on the Post Road was dangerous due to vandalism. Mr. Bierman asked the applicant if he was aware of the ab- sence of a garage when he purchased his home. Mr. Schwartz answered that he was aware of this but did not realize that there was no overnight parking on the street in front of his home. Mr. Eggers asked the applicant if he had considered putting a garage under his house. Mr. Schwartz replied that his plumbing and utilities were on the side of the house where the basement was located. Mr. Bierman asked if there had been any change in circum- stances since the house was purchased in 1962. Mr. Wassman noted that the illness of the applicant's daughter had occurred since that time. Mr. Curnin further stated that Owen Mandeville, a neighbor on 686 one side had no objection to this off-street parking re- quest. Following some further discussion, a vote was taken on this application which resulted as follows: Commissioner Bierman - Aye Commissioner Eggers - Aye Commissioner Mullick - Naye Commissioner Wassman - Aye The application was therefore granted and the following resolution duly adopted: WHEREAS, Bernard Schwartz has submitted an appli- cation for a building permit to the Building In- spector to allow an off-street parking area 21 feet from the funnt property line and 2 feet from the side lot line, and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article IV, Sect- ion 455.2, Layout and Location of Off-Street Park- ing facilities"; and WHEREAS, Bernard Schwartz has submitted to this Board an application for a variance on the grounds of practical difficulty and/or unnecessary hard- ship for the following reasons: 1. That the topography of the land makes it impossible to extend a driveway to the back or side of the house. 2. That due to vandalism on the Post Road including theft of hub-caps, batteries, etc. , this is unsatisfactory as a parking solution. 3. Two members of the family have bronchial asthma and it is essential that a car is avail- able immediately in case of an emergency. WHEREAS, this Board has examined the plans and 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 and/or 687 building for which a variance is sought, which circumstances and/or conditions are peculiar to such land and/or building and do not apply generally to the land/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 circumstances and/or conditions are as follows: 1. The topography of the land makes it impossible to extend a driveway to the back or side of the house. 2. Due to vandalism on the Post Road in- cluding theft of hub-caps, batteries, etc.;, this is unsatisfactory as a parking solution. 3. Two members of the family suffer from bronchial asthma and it is essential that a car is available immediately in case of an emergency. (c) That the granting of this variance will be in harmony with the general purposes and intent of this Ordinance and will not be in- jurious to the neighborhood or otherwise detri- mental to the public welfare; and it is FURTHER RESOLVED, that a variance is granted to the applicant and that Article IV, Section 455.2 be varied and modified so as to allow the construction of an off-street parking area 21 feet from the front property line and 2 feet from the side lot line, on premises located at 17 Kenmare Road, Town, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409, Parcel 50, in strict conformance 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 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 per- mit within three months of the filing of this reso- lution with the Town Clerk. A building permit shall 688 be void if construction is not started within six months and completed within two years of said permit. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The secretary then read the next application APPLICATION NO. 2 - Case 223 Application of William Petruzzo for modification of Article IV, Section 410, Schedule of Residence District Regulations in an R-15 Residential District of the Zoning Ordinance so as to allow the construction of a one-family dwelling hav- ing a street frontage of 25 feet rather than the required street frontage of a minimum of 50 feet as required for lots under Article IV, Section 445 of the Zoning Ordinance and a rear yard of 15 feet rather than the required 25 feet on premises located at 4 Country Road, Town, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320, Parcel 574, on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard: In favor: Mr. William Petruzzo 531 Center Avenue (:: Mamaroneck, N.Y. Mr. Petruzzo stated that the land in question was oddly shaped and very rocky and mentioned an original survey made in 1959. Since Mr. Petruzzo did not have a copy of this survey or any records pertinent to this application Mr. Bierman suggested the applicant contact his attorney to obtain such records this evening and that the Board would hear the remainder of the case later in the meeting. Mr. Petruzzo agreed to phone his attorney and return. The Secretary then read the next application. APPLICATION NO. 3 - Case 224 Application of Peter Cola for modification of Article IV, Section 410, Schedule of Residence District Regulations in an R-7.5 Residential District of the Zoning Ordinance so as to allow the construction of a one-family dwelling having a street frontage of 45.5 feet rather than the re- quired street frontage of a minimum of 75 feet as required for lots under Article IV, Section 445 of the Zoning Ordi- nance and a lot area of 6200 sq. ft. rather than the re- quired 7500 sq. ft. , on premises located at 96 Weaver St. Town, and known as Block 406, Parcel 47 on the Tax Assess- ment Map of the Town of Mamaroneck, on the grounds of practi- cal difficulty and/or unnecessary hardship. 689 The following persons were heard: (:: In favor: Richard D. Friedman, Attorney 172 South Broadway White Plains, New York In opposition: -Miss M. Sbtiano 84 Weaver Street Larchmont, New York Communications: Walter Haeger 21 Kenmare Road Larchmont, New York Mr. Friedman stated that the subject property contains a greenhouse known as Grant's Greenhouse which has existed for many years. Behind the greenhouse is a dwelling which Mr. Friedman claims is nonlivable. He further stated that Mr. Cola must make certain improvements to the greenhouse and is proposing to make extensive renovations. The green- house requires someone in constant attendance 24 hours a day and therefore new living quarters would have to be pro- vided on the property. Mr. Bierman noted for the record that he and Mr. Wassman had visited the site and Commissioner Eggers was familiar with this particular site. Mr. Bierman further stated that having looked over this entire tract, it seems that the applicant would be doing himself a service if he would have a comprehensive study made of this property, reorienting the greenhouse, correct- ing certain conditions and waiting another month before presenting a graphic presentation to the Board. Mr. Friedman requested a deferment on this application which was unanimously granted until September 22, 1965. Publication of the Notice of the Hearing is to be at the applicant's expense. CASE NO. 223 At this time Mr. Petruzzo reappeared stating that his attorney could not be present at this meeting. Mr. Bierman announced that the applicant could proceed with his case or have it deferred until next month when he would be better prepared to present his case and show documents that the Board could take cognizance of. It was noted for the record that the following residents appeared in opposition to this application: Mr. Charles Seelenfreund 12 Country Road 690 Mr. Lawrence Aurbach 32 Country Road Mr. Walter Sullivan 26 Country Road Mr. Rudolph Rosiello 14 Country Road Mrs. Dorothy Smith 2 Country Lane Mrs. Elise Allen 3 Country Lane Mr. Douglas Smith 2 Country Lane Mr. B. Schecter 6 Glen Lane Mrs. George French 6 Country Road Mr. & Mrs. Paul Jenisch (:: 2 Country Road Mr. Charles Reed 574 Fenimore Road Dr. Henry Makover 3 Country Road Maury. Medwick 1000 Fenimore Road Mr.--David Easton 4 Lancia Lane The Chairman announced receipt of a letter from Mr. L. H. Johnson which sets forth the names of property owners also in opposition, This letter was ordered received and filed for the record. The Chairman also noted communications from Mr. & Mrs. Paul Jenisch and Walter Haeger voicing their opposition. These communications were ordered received and filed for the record. Following some further discussion, Mr. Petruzzo requested a deferrment of one month on his application, which was unanimous- ly granted by the Board. Publication of the notice of the hear- CI: ing is to be at the applicant's expense. ADJOURNMENT There being no further business to come before this meeting, it was adjourned at 9:30 p.m. {'� c — EIS.ex",--t.a- \a-ctrzrarui