Loading...
HomeMy WebLinkAbout1965_12_01 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD DECEMBER 1, 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 8:10 p. m. ROLL CALL Present: Mr. Sydney D. Bierman, Chairman Mr. Henry E. Mullick Mr. Richard Eggers Mr. Price H. Topping Mr. E. Robert Wassman Absent: None Also present: Mr. William Paonessa Building Inspector APPROVAL OF MINUTES The minutes of the meeting of October 27, 1965 were presented, 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 the hearing. The Chairman then requested the secretary to read the first application. APPLICATION NO. 1 - CASE 228 At this time, Mr. George Forbes, Attorney represent- ing the applicant Alfred H. Tull, requested that this case be delayed in order that his client might have time to arrive from out of town. Mr. Forbes also requested that Case 230, Ferndale Center, Inc. be heard later in the evening. The Board granted the two requests. The Chairman then requested the secretary to read the third application. 7 f f APPLICATION NO. 3 - CASE 232 Application of Joseph Lividini for modification of Article IV, Section 421.4, Walls and Fences, of the Zoning Ordinance so as to allow the installation of 100 L.F. of 6' high wooden fence at the rear north- west corner of the premiseg located at 14 Plymouth Street, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410, Parcel 642, on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard: In favor: Mr. & Mrs. Joseph Lividini 14 Plymouth Street Larchmont, New York Mr. Frank Byrnes 118 Carleon Avenue Larchmont, New York Mr. Thomas Abramson 16 Plymouth Street Larchmont, New York Mr. G. Hartman 124 Carleon Avenue Larchmont, New York Mr. Adelmo Mignarri 22 Winthrop Avenue Larchmont, New York In opposition: None Communications: None Mr. Lividini stated that he had replaced a 5' fence on his rear property line with a 6' high wooden fence in order to insure privacy because of the extreme difference in elevation. He further stated that he has a large picture window facing this fence at the rear of the house and without the fence neighbors can look right down into his home. This fence also encloses a patio. Mr. Bierman questioned the applicant if this was the area that enclosed a plastic pool and Mr. Liv- idini replied that it was but that the pool had been removed. Mr. Wassman questioned the applicant as to whether he could provide planting instead of this fence. Mr. Lividini explained that he could not do this because of the solid rock. I ( Five neighbors of Mr. Lividini's appeared and stated they were in favor of this fence as it added value and beauty to the surrounding properties in the neighborhood and also prevented children from using this area as a passageway. Mr. Bierman asked Mr. Lividini how the fence was secured in the ground and how he could make it 4' which would conform. Mr. Lividini replied that it had square wooden posts and had cross members on the inside of the fence, and in order to cut it down to 4' , he would have to remove the fence and cut it from the bottom. Following some further discussion, a vote was taken on this application which resulted as follows: Commissioner Bierman - Naye Commissioner Mullick - Naye Commissioner Topping - Naye Commissioner Wassman - Aye Commissioner Eggers - Naye The application was therefore denied and the follow- ing resolution duly adopted: WHEREAS, Joseph Lividini heretofore request- ed a permit for the erection of 100 L.F. of 6' high wooden fence to be located in the rear yard of premises at 14 Plymouth Street together with plans; and WHEREAS, the Building Inspector has refused to grant such permit on the grounds that construction or erection of such fence violated Article IV, Section 421.4 of the Zoning Ordinance so as to allow the erec- tion of said fence; and WHEREAS, the Board finds that no facts exist sufficient to justify the erection of 100 L.F. of 6' high wooden fence as requested NOW, THEREFORE, BE IT RESOLVED, that the above application for a building permit to erect 100 L.F. of fence be denied. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. At this time, the secretary was instructed to read the application of Alfred H. Tull. APPLICATION NO. 1 - CASE 228 Application of Alfred H. Tull for modification of Article IV, Section 410, Schedule of Residence District Regulations for an R-6 Residential Dis- trict of the Zoning Ordinance so as to allow the construction of a one family dwelling on a lot having an average depth of less than the required 100' and a front setback of 20' from Colonial Avenue instead of the required 30' and a rear yard of 15' instead of the required 25' on the premises located at 19 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 112, Parcel 16 on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard: In favor: Mr. George Forbes, Attorney 199 Main Street White Plains, New York Mr. Alfred H. Tull Wilton, Connecticut In opposition: Mr. Herbert Greene, Attorney 188 Murray Avenue Larchmont, New York Communications: Mr. Frank Gironda 11 Cabot Road Larchmont, New York Mr. Forbes, representing.Mr. Tull, stated that he had presented a memo on this application to Mr. Bierman and was presenting four more to members of the Board at this time. He further stated that this property is in an R-6 District, unimproved, and that Mr. Tull would like to erect a one family dwelling setback 20' instead of the required 30' due to the irregular shape of the lot. The lot has more area and frontage than the Ordinance re- quires. Mr. Bierman pointed out that the dimensions do not conform with the corrected sketch. Mr. Paonessa noted that the house had been shifted over and that corrected applications and site plans had been sub- mitted. In connection with this particular lot, Mr. Forbes noted that a deed had been filed in the County Clerk's Office, June 1, 1944 - Map 159, Colonial Park, in single and separate ownership and it has always been a separate lot on the map. Mr. Forbes presented tax bills to show that payment had been made on this single separate lot. Since this lot was assessed and taxes paid separately, Mr. Forbes stated that his client felt that he was entitled to use the lot for the purpose for which it is owned. Mr. Forbes further stated that if the layout of the house is not appropriate that his client will be glad to sit down and work something out that will meet with the approval of the Board. Mr. Bierman asked if the architect was aware of the Zoning Regulations when he drew up the plans and Mr. Forbes said he did not know. Mr. Eggers noted that there seemed to be ample area to place the dwelling but due to the shape of the lot the architect should redesign the dwell- ing to fit the zoning requirements and minimize any variance necessary. The Chairman questioned Mr. Tull as to whether he intends to reside in this dwelling to which the answer was negative. Mr. Herbert Greene:representing 15 neighbors appear- ed and asked to view the plans and memos. It was the opinion of the Board that Mr. Tull should resubmit new plans since the architect must relo- cate the house on the plans and continue this until the next meeting on December 29, 1965. Mr. Tull agreed to return at that time and the Chairman noted that there was no need to republish. At this time, Mr. Bierman announced a 10 minute recess. After this recess, the secretary was requested to read Application #2. APPLICATION NO. 2 - CASE 230 Application of Ferndale Center, Inc. for modifica- tion of Article IV, Section 410, Schedule of Regu- lations for Non-Residential Districts and Article IV, Section 455.1 "Lay-out and Location of Off-Street Parking Facilities", of the Zoning Ordinance so as to allow the construction of an addition of 6942 square feet to the rear of the existing build- ing which will increase the total building cover- age 2.5% above the maximum allowable 25%, with necessary off-street parking facilities located on a lot within 500' from the structure, on the premises located at 1310 Boston Post Road, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410, Parcels 321 and 463, on the grounds of practical difficulty and/or un- necessary hardship. The following persons were heard: In favor: Mr. George Forbes, Attorney 199 Main Street White Plains, New York Mr. Frank F. Palmison, Attorney 356 Manville Road Pleasantville, New York In opposition: None Communications: None Mr. Forbes representing Ferndale Center, Inc. stated that since the Board's original decision was upheld by the Court that the application had been modified and that the new request represents an insignifi- cant variance, if the covered walkway in front of the center is not considered part of the building coverage. He further stated that the applicant was only asking for an extension of the area require- ments and could build 3000 square feet on the rear without any question as the covered walk would give him another 3000 square feet. The variance would be very little above the 25% which is required. In respect to off-street parking, Mr. Forbes pointed out that there is property which is within 500' of the lot which could be used for parking. Mr. Palmison noted that the applicant has a lease with the Post Discout Center dated May, 1965 and it is necessary to obtain a certificate of occupancy to meet that lease. Mr. Forbes pointed out that the memos presented to the Board covered the situation and that the only difference in plans is that a rear door would be added. Mr. Eggers questioned why it was so imperative that the size of the addition could not be any smaller when Mr. Pepe appeared before this Board at a pre- vious hearing. Mr. Forbes replied that since Mr. Pepe had made the statement, he did not know his reasons. o There was limited discussion again on the question of the "paper street" Ferndale Place which runs through the property and Mr. Palmison conceded that this map street was conveyed to the Town of Mamar- oneck and is not owned by his client and was not includable in the lot area for the purpose of com- puting coverage or any other purpose. Mr. Salvatore Fazio of 30 Weaver Street inquired regarding con- tinuance of right-of-way on the map street and was informed that Ferndale Place appeared to be a map street. Mr. Bierman asked how many parking spaces are needed based on the proposed structure. Mr. Paonessa re- plied that approximately 375 spaces are needed for existing usage. He further stated that actual park- ing figures are based on usage and that there are no requirements for the covered walk. The Chairman asked what the situation would be if the usage were to change. Mr. Paonessa answered that there are already 4 or 5 different uses at the present time and that the maximum requirement is one space for every 100 square foot of floor space. Mr. Bierman pointed out that our parking formula is a guide and that actual operation oT this lot will best determine whether or not additional parking is needed. Mr. Palmison explained why his client had a lease requiring so many square feet. Mr. Pepe filed an application for an addition and plans to be approved in accordance with a lease with the Post Appliance Discount Store for a store containing approximately 8000 square feet. After the plans were rejected, additional plans were submitted reducing the size to 6942 square feet. The construction will be in the rear and will not be seen from the front. Following some further discussion, a vote was taken on this application which resulted as follows: Commissioner Bierman - Aye Commissioner Mullick - Aye Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Topping - Naye The application was therefore granted and the follow- ing resolution duly adopted: C WHEREAS, Ferndale Center, Inc. has sub- mitted an application for a building per- mit to the Building Inspector to allow the construction of an addition to a re- tail store, together with plans; and 1 7`?--1 WHEREAS, The Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article IV, Section 410, Schedule of Regu- lations for Non-Residential Districts of the Zoning Ordinance - in particular that lot coverage of the proposed structure will increase building coverage 2.5% above maximum - and Article IV, Section 455.1, Layout and Location of Off-Street Parking facilities; and WHEREAS, Ferndale Center, Inc. has sub- mitted to this Board an application for a variance on the grounds of practical difficulty and unnecessary hardship for the following reasons: 1. That the store has been vac- ant for 15 months despite aggressive efforts to rent same, and applicant has lost the income therefrom be- cause prospective tenants require additional building area. 2. The premises are located in a "B" Business Zone and the proposed addition would only be an exten- sion of the existing building. 3. Only a slight increase in build- ing coverage is requested and is in- significant when the covered walk is not considered in the present building coverage. 4. Because of the varied business uses of the existing structure the present off-street parking facili- ties are large enough to accommo- date any increase in parking due to the planned addition. WHEREAS, this Board has examined the plans and also viewed the property and heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board finds the follow- ing: C (a) That there are special circum- stances and conditions applying to the lankand/or building for which a variance is sought, which 7 circumstances and/or conditions are peculiar to such land and/or building and do not apply gen- erally to the land or buildings in the district, and which cir- cumstances 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. The proposed addi- tion would be an exten- sion of an existing building and the re- sulting coverage will exceed the maximum permitted coverage by only about 2.5% and will not be signifi- cant in this .instance; 2. The existing number of parking spaces may prove to be actually sufficient, without the additional spaces available in Plot "D", provided the existing parking area and fac- ilities are redesigned and improved in a num- ber of respects. (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 granted to the applicant and that Article IV, Sec- tion 410, and Article IV, Section 455.1 be varied and modified so as to allow the con- struction of an addition of 6942 square feet to the rear of the existing building, with off-street parking facilities located if necessary on Parcel 321, Block 410, lo- cated within 500' from the structure, on premises located at 1310 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410, � 0,3 Parcel 463, subject to the following con- ditions: 1. That the variance shall not be effective for any purpose and no certificate of occupancy shall be granted unless and until the existing off-street parking fac- ilities located on Parcel 463 have been redesigned and improved to provide for safe and effective curbing, layout, traffic flow, lighting and screening, and unless and until a detail plan showing such redesign and improvement has been submitted to and approved by this Board. 2. That, after the redesigned and improved parking facilities to be provided on Parcel 463 have been in operation for 6 months following the issuance of the certificate of occupancy, said operations shall be reviewed by the Building Inspector who shall within 30 days thereafter render his report to the Board regarding the sufficiency of said facilities in the light of actual operations and, if in the judgment of the Board additional parking facilities are required they shall be pro- vided by the applicant on Par- cel 321, Block 410 within 90 days after said decision by this Board. If such additional fac- ilities are not so provided, this variance shall cease and expire forthwith. 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 build- permit shall be void if construction is not started within six months and com- pleted 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. 7 � � Ass APPLICATION NO. 4 - CASE 233 Application of Otto Scheuble for modification of Article IV, Section 410, Schedule of Residence District Regulations for an R-7.5 Residential Dis- trict and Article IV, Section 445 "Building on Lots Less than the Required Size" of the Zoning Ordinance so as to allow the construction of a one family dwelling on a lot having an average depth of 80 feet instead of the required 100' minimum and a front setback of 20 feet rather than the required minimum front setback of 30 feet on the premises located at 25 Rock Ridge Road, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412, Parcel 596, on the grounds of practi- cal difficulty and/or unnecessary hardship. The following persons were heard: In favor: Mr. Otto Scheuble 3 Rock Ridge Road Larchmont, New York Mrs. Julius Anger 23 Rock Ridge Road Larchmont, New York In opposition: None Communications: None The Chairman read a letter from Otto Scheuble dated December 1, 1965 in which the applicant described a permanent sewer easement that Cook's Restaurant has over his land which has compounded the present topographical conditions which made it necessary for the applicant to file for a variance. This letter was ordered received and filed for the record. Mr. Bierman noted that Mr. Scheuble had been before this Board on 2 or 3 other occasions and had been granted variances which he had never used. He asked Mr. Scheuble if this time he were really serious in regard to building on this lot, to which the applicant replied that he did intend to build. The Chairman asked the applicant when he had pur- chased the property and Mr. Scheuble replied that he had purchased the property in 1958 and presented a copy of the deed dated March 27, 1958 recorded in the County Clerk's Office. Mr. Paonessa noted that the average depth of this property does not meet the current requirements and that the average depth is approximately 80' . Following some further discussion, a vote was taken on the application which resulted as follows: Commissioner Bierman - Aye Commissioner Eggers - Aye Commissioner Mullick - Aye Commissioner Topping - Aye Commissioner Wassman - Aye The application was therefore granted and the follow- ing resolution duly adopted: WHEREAS, Otto Scheuble has submitted an application for a building permit to the Building Inspector to allow the constru- ction of a one family dwelling on a lot having an average depth of 80 feet more or less rather than the required 100 feet and a front set-back 20 feet instead of 30 feet, together with plans; and WHEREAS, the Building Inspector has re- fused to issue such permit on the grounds that the plans submitted failed to comply with Article IV, Section 410, Schedule of Residence District Regulations and Article IV, Section 445 "Building on Lots of Less than Required Size; and WHEREAS, Otto Scheuble has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the fol- lowing reasons: 1. Due to the irregular shape and topographical condition of the lot, which is very shallow and rocky, it is necessary to locate the proposed dwelling closer to Rock Ridge Road than required by the Ordinance. 2. The above will enable us to maintain a minimum rear yard of 25 feet which is also necessary because the rear of the lot abuts a business zone. 3. The land would remain sterile if a variance is not granted. WHEREAS, this Board has examined the plans and also viewed the property and heard all persons interested in this application after publication of notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board finds the fol- .? ac lowing: (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/or buildings in the district, and which circumstances and condit- ions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regu- lations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. Due to the irregular shape and topographical condition of the lot which is very shallow and rocky, it is nec- essary to locate the proposed dwelling closer to Rock Ridge Road than required by the Ordi- nance. 2. The above will en- able the applicant to maintain a rear yard of 25' which is also necessary because the rear of the lot abuts a business zone. 3. The land would re- main sterile if var- iance is not grantee. (c) That the granting of this variance will be in harmony with the general purpose 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 granted to the applicant and that Article IV, Section 410 and Article IV, Section 445 be varied and modified so as to allow the construction of a one family dwelling on a lot having an average 7a7 depth of 80 feet rather than the required 100 feet and a rear setback of 20 feet instead of the required 30 feet on the premises located at 25 Rock Ridge Road, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412, Parcel 596 in strict conformance with the plans filed with this application provided that the applicant complies in all other respects with the Zoning Ordinance 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 permit within three months of the filing of this resolution with the Town Clerk. A build- ing permit shall be void if construction is not started within six months and com- pleted 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. ADJOURNMENT There being no further business to come before this meeting, it was adjourned at 10:30 p.m. Le Esta E. Davis, Secretary