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HomeMy WebLinkAbout1966_12_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS ,._. OF THE TOWN OF MAMARONECK, HELD DECEMBER 28, 1966, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGE- WOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The meeting was called to order by Mr. Eggers, the Chairman at 8:00 p.m. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. Price H. Topping Mr. Russell G. Pelton Absent: Mr. E. Robert Wassman Mr. Henry E. Mullick Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of November 30, 1966 were presented and on motion duly made and seconded, ap- proved 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 the applicants that since there were only 3 Board members present their applications would have to be approved unanimously. The Chairman stated both applicants would have the privilege of adjourning their cases without penalty for a later hearing but the applicants declined to adjourn. The Chairman requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 264 Application of Mrs. Theresa Garofalo for modifica- tion of Article IV, Section 410, Schedule of Resi- dence District Regulations and Schedule of Permitted Uses for an R-6 Residential District of the Zoning Ordinance so as to allow the construction of an ad- dition at the rear of the existing two family dwell- ing having a side yard of 6 feet instead of the re- quired side yard of 8 feet on the premises located at 81 Taylor Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 126 Parcel 454 on the grounds of practical difficulty and/or unnecessary hardship. ,4416 Mr. Sam Garofalo spoke for his mother, Mrs. Teresa Garofalo. Mr. Garofalo stated that he was the occu- -, pant of the second floor apartment in the two fam- ily dwelling built by his father about 41 years ago. Mrs. Garofalo, her husband and another son occupy the first floor apartment. Mr. Garofalo said that their reason for needing this addition was the fact that he has five children and there is not sufficient room. The addition would provide an extra bedroom. The Board pointed out that this house is already non-conforming and the addition will not decrease the side yard of 6' which was conforming at the time the house was built. After further discussion the Chairman called a short recess following which a vote was taken on the appli- cation and the result was as follows: Commissioner Eggers - Aye Commissioner Topping - Aye Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: ( WHEREAS, Mrs. Teresa Garofalo has submitted .... an application to the Building Inspector for a building permit for the construction of an addition at the rear of the existing two 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 Dis- trict Regulations and Schedule of Permitted Uses for an R-6 Residential District of the Zoning Ordinance which provides for a side yard of 8 feet on the premises lo- cated at 81 Taylor Place and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 126, Parcel 454, and WHEREAS, Mrs. Teresa Garofalo has submitted to thig Board an application on the ground of practical difficulty and/or unnecessary hardship for the following reason: CTo allow the construction of an addition at the rear of the ex- isting dwelling having a side yard of 6 feet. VJ F � 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- 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: 1. Addition will pro- vide an extra bedroom. 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 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 SS C 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 addi- tion at the rear of the existing two fam- ily dwelling having a side yard of 6 feet instead of the required side yard of 8 feet on the premises located at 81 Taylor Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 454 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 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 requested the Secretary to read the second application. APPLICATION NO. 2 - CASE 265 Application of Thomas Guglielmo for modification of Article IV, Section 410, Schedule of Permitted Uses in a Business and Industry District, so as to allow the construction of a sales office, show room and storage garage building on the premises located at the northwest side of Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcels 61 and 68 on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard in favor: George D. Burchell, Esq. , Attorney for ap- plicant, 7 Woodland Ave. , Larchmont Mr. Thomas Guglielmo, applicant Petition in favor signed by the following: Patsy Giacomo, 93 Madison Ave. Carlo Ronconi, 615 5th Ave. The Harbor Agency, Inc. , - Frank Giacomo, Pres. 132 W. Post Road, Mamaroneck Frank Guadagnolo, 5 5th Avenue Gaetano Acocella, 635 Fifth Avenue Gaetano Guglielmo, 620 Fifth Avenue Samuel G. Carriero, 610 Fifth Avenue Carmela Possidente, 633 Fifth Avenue Clemeth Banks, 616 Fifth Avenue A plan was presented to the Board which eliminates the objection of its proximity to the adjacent three family house. The plan showed the location of the proposed building would be more than 90 feet from the adjacent three family house. Mr. Burchell stated that the proposed use of the building should not be classified as light industry and the building will be consistent with the busi- ness zoning. Mr. Guglielmo intends to use a portion of the build- ing for a retail business and expects to display materials for patio construction, driveway curbing, flagstone flooring and other masonry work. The ap- �"'^ plicant hopes to cater to "do-it-yourselfers" by supplying materials and guidance with personal ser- vice. It was pointed out that the building would improve the lot which has been used for a "dumping ground". After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Topping - Aye Commissioner Felton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Thomas Guglielmo has submitted an application to the Building Inspector for a building permit for the construction of a sales office, show room and storage garage building 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 Mam- aroneck with particular reference to Ar- ticle IV, Section 410, Schedule of Per- mitted Uses in a Business and Industry District which provides that contractor's establishments are not permitted in a "B" • Business District on the premises located at the northwest side of Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcels 61 and 68; and WHEREAS, Thomas Guglielmo 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 sales office, show room and stor- age garage building in a "B" Building District. 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 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 conditions are such that the particular application of the Ordinance with respect to Article IV, Section 410, Schedule of Permitted Uses in a Business and Industry District would deprive the applicant of the reasonable use of such land and/or building and that for these reasons the granting of the var- iance 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, Schedule of Permitted Uses in a Business and Industry District be varied and modified so as to allow the construction of a sales office and storage garage building in a "B" Business District on the premises located at the northwest side of Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcels 61 and 68, in strict conformance with the plans filed with this application and amended, provided that the applicant complies in all other res- pects with the Zoning Ordinance and Build- ing 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 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 8:45 p.m. Rita A. Jo on, Secretary