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HomeMy WebLinkAbout1967_02_15 Zoning Board of Appeals Minutes (2) MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD FEBRUARY 15, 1967, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGE- . WOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER Mr. Wassman, acting as Chairman in the absence of Mr. Eggers, called the meeting to order at 8:00 p.m. ROLL CALL Present: Mr. E. Robert Wassman Mr. Price H. Topping Mr. Henry E. Mullick Mr. Russell G. Pelton Absent: Mr. Richard F. Eggers Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of December 28, 1966 were presented and on motion duly made and seconded, ap- proved as submitted. PUBLIC HEARING The Chairman declaredthe hearing open and the Sec- retary presented for the record the affidavit of publication of the notice of hearing. The Chairman requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 266 Application of Charles Revson for modification of Article IV, Section 424.1, Dwellings in House Trailers, of the Zoning Ordinance so as to allow temporary living quarters to be maintained in the existing House Trailer whilea new building is being constructed in an R-30 Residential District, on the premises located at Premium Point Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 509 Parcel 86 on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard: Mr. Elliot Saltzman, Architect 41 West 56th Street, New York, N. Y. 10019 Mr. Irving Botwin, Executive Assistant. to Mr. Revson 666 Fifth Avenue, New York, New York (6 3 Mr. George O'Brien, Contractor 168 Mason Street, Greenwich, Conn. Mr. John Irwin Dugan, President of Premium Point Company 165 Broadway, New York, New York 10006 Communications: Letters of approval received from the following: Mr. John Irwin Dugan Mr. A. E. Perlman, Bon Repos, Premium Point Mrs. Page M. Black, Bon Repos, Premium Point Mr. Saltzman presented the Board with a petition signed by Mr. Charles Revson requesting the Board's indulgence in their petition for a further extension of time in which to remove the trailer from his pro- perty. He stated that the Board first issued a var- iance on March 25, 1964 giving permission to allow a trailer on his property whilechanges were being made to the existing residence in order to favorably house the various members of his household. At the meeting of the Zoning Board held on July 27, 1966 a variance was granted to permit Mr. Revson to maintain the trailer until March 1, 1967. Mr. Revson has now requested the Board to extend the - removal date to June 30, 1967. He stated that after a great deal of time and study and shortly after the meeting of July 27, 1966 they had come to the realization that the plans that they had been work- ing on for over the past two years were impractical and they had decided to build a separate dwelling. In order to build a separate residence the property will have to be subdivided into two lots for which Mr. Revson has filed an application with the Plan- ning Board. A preliminary hearing was held on this application at the Planning Board meeting on Feb- ruary 8, 1967 and since the application was received too late for the Planning Board to advertise for a Public Hearing they were unable to give final ap- proval to the subdivision. The Planning Board is holding a Special Meeting on February 20, 1967 at which time the Public Hearing will be held. Mr. Revson has engaged, George L. O'Brien, Inc. of 168 Mason Street, Greenwich, Connecticut, a general contractor for the construction of the new house. Some changes will have to be made in the present dwelling. Discussion followed as to whether the house could be completed by June 30, 1967 and exactly how much hardship would be suffered by the Revson family if the trailer had to be removed. It was pointed out b" (14- that Mr. Revson owned a 24 room duplex apartment at 625 Park Avenue which was being renovated at the present time and will be completed in about sixty days. It was, also, brought out that at present Mr. and Mrs. Revson have separate four room apart- ments in which they reside. The family at present live separate except on week-ends when they get together at their home on Premium Point Road. In response to questions it was further pointed out that the main house at Premium Point, which was des- cribed by Mr. Saltzman as very large and like a man- sion, had six usable bedrooms. Two additional bed- rooms at a lower floor were termed unsuitable and are used for storage. Further there was an addi- tional bedroom or small apartment over the garage quarters. Three of the bedrooms in the main house as well as that over the garage quarters are being and will be occupied by four servants. In addition it was pointed out that there would be no interrup- tion in the living facilities at the large main house. Following further discussion the Chairman requested the Board take a short recess for a discussion of the petition by the Board Members after which a vote was taken on the application and the result was as follows: Commissioner Wassman - Aye Commissioner Topping - Nay Commissioner Mullick - Nay Commissioner Pelton - Nay The application was therefore denied and the follow- ing Resolution adopted: WHEREAS, Charles Revson has submitted an application for a permit to the Building Inspector so as to allow temporary living quarters to be maintained in a house trailer located at Premium Point Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 509, Parcel 86, together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that the Zoning Ordinance of the Town of Mamar- oneck with particular reference to Section 424.1 of said Ordinance prohibits house trailers in all districts; and WHEREAS, Charles Revson has submitted to this Board an application for the extension of a variance which is to expire on March 1, 1967 en the ground of practical difficulty F6s and/or unnecessary hardship for the follow- ing reason: 1. To allow the house trailer to be occupied by the children of Mr. Revson until such time as a new and separate residence is constructed. 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 denies the ap- plication on the following grounds: 1. That there are no special circumstances or conditions ap- plying to the land for which the variance is sought which circum- stances or conditions are pecu- liar to such land and which do not apply generally to land in the district. 2. That the facts and circum- stances claimed by the applicant to entitle him to the variance are such as would not deprive him of the reasonable use of the land. 3. That the granting of this variance would not be in har- mony with the general purposes and intent of this Ordinance and would be injurious to the neighborhood and detrimental to the public welfare. 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 267 Application of Salvatore Rizzotto for modification of Article IV, Section 410, Schedule of Residence District Regulations for an R-6 Residential District and Note "A", of the Zoning Ordinance so as to allow the construction of a one family dwelling on a lot having an average width of 59 feet and a front set- back of 20 feet instead of the required lot width of 60 feet and front set-back of 30 feet from both streets on the premises located at northeast corner of Laurel Avenue and Thompson Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 349 on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard: Vincent Conti, Esq. , Attorney, representing Mr. Rizzotto 2755 Reservoir Avenue, Bronx, New York Mr. Salvatore Rizzotto, applicant Mrs. Salvatore Rizzotto, 3888 Amundsen Avenue Bronx, New York Mr. Joseph Rizzotto, 9 Thompson Street, Larchmont Mr. Conti who represented Mr. Rizzotto appeared before the Board and stated that the lot is presently owned by Mr. Salvatore Rizzotto's brother, Joseph Rizzotto. They have an oral contract for the purchase of the lot after the Planning Board approves the subdivision of the lot. The Planning Board gave preliminary approval at its meeting on February 8, 1967 and for- mal approval will be decided at a special meeting on February 20, 1967 at which time a Public Hearing will be held. It was pointed out that at present the lot is used as a playground for children and for garbage disposal. Mr. Joseph Rizzotto bought the entire lot in February of 1966 and has made extensive renovations to the present dwelling. It was, also, pointed out that the present dwelling and the new house which Mr. Salvatore Rizzotto intends to build will better the neighborhood. Mr. Rizzotto intends to build a 3 bedroom split level home and the lot will be in excess of the 6000 sq. ft. required to build a house in an R-6 Residential District. The lot conforms in every other respect except the lot will have an average width of 59 feet and a front set-back of 30 feet instead of the re- quired lot width of 60 feet and front set-back of 30 feet from both streets. After further discussion the Board decided that it would be unable to vote on the application until after the Planning Board had held the Public Hearing. The Board informed the Rizzottos and Mr. Conti that they would be permitted to leave and that they would discuss the application further among themselves. Following further discussion it was decided that they would have to obtain the advise of the Town Attorney as to whether or not the application could be accepted in Mr. Salvatore Rizzotto's name as the lot is at present in the mane of Mr. Joseph Rizzotto. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 10:00 p.m. /77 Rita A. John on, Secretary