HomeMy WebLinkAbout1964_02_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD FEBRIIARY 26, 1964, IN THE COURT ROOM OF THE TOWN OF MAMARO- NECK POLICE STATION, 11 EDGEWDOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:05 p.m. . PRESENT: Sydney D. Bierman, Chairman Robert B. White E. Robert Wassman Henry E. Mullick Richard Eggers ALSO PRESENT: William Paonessa, Building Inspector MINUTES The minutes of the meeting held January 22, 1964 were approved on motion duly made and seconded. ANNOUNCEMENT: Before opening the hearing, Chairman Bierman congratulated Mr. Eggers on his appointment by the Town Council to a full five--year term on the Zon- ing Board. HEARING The Chairman declared the hearing open and the secretary presented the affidavit of publication of the notice of the hearing in the official news- paper of the Town of Mamaroneck, The Daily Times, on February 20, 1964. The Chairman requested the secretary to read the first application. APPLICATION NO. 1 - CASE 176 Application of Colin B. Campbell for modification of Article IV, Sec- tion 445, Building on Lots of Less Than Required Size, and Section 410, Schedule of Residence District Regulations, so as to allow a lot width and street line frontage of 35-feet, rather than the required minimum of 50-feet, and side yards of 5-feet and 10-feet rather than the required minimums of 8-feet and 10-feet on the premises located on the southerly side of Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407, Parcel 373 on the ground of practical difficulty and/or unnece- ssary hardship. For Appellant: Colin B. Campbell 11 Villa Lane Larchmont, New York Harry Wenning, Architect 33 Woods End Road Hartsdale, New York T. A. Schramm 129 Palmer Avenue Larchmont, New York 516 In Opposition: Mrs. Huegette Spadaro 246 Palmer Avenue Larchmont, New York John C. Richmond 42 Elkan Road Larchmont, New York Mr. Campbell, representing himself, appeared and submitted a copy of the survey entitled,"Survey of lot on the Southeasterly side of Palmer Avenue" dated Jan. 5, 1933 - Rev. Jan. 13, 1933, which confirmed the dimensions shown on the drawings made by the architect. This survey was inspected by the Board, received and filed for the record. Mr. Campbell stated the property had been in his family since 1932 as part of a larger tract. This being the only parcel left, after selling others, it had been owned by him since 1941, when it was a building lot. It became non-conforming when a new zoning ordinance went into effect in 1959 which required minimum width and frontage of 50-feet and minimum side yards of 8-feet and 10-feet. After a brief discussion, as to the previous family owners of this tract, Mr. Bierman asked that the record show that title to the entire tract apparently passed to Ida 0. Campbell on or about 1935 upon the decease of her husband Alexander, the former owner, and that the date recorded, Nov. 12, 1941, deeds to the entire tract was conveyed to the applicant, Colin B. Campbell, who thereafter divided the rear portion of the tract into five residential building lots which were conveyed into separate purchases by the early 1950's. A parcel approximately 35-feet x 60-feet, which was formerly the rear portion of the lot and which was conveyed by the applicant on April 15, 1950 by deed recorded in Liber 4845, page 334. Copies of deeds covering Block 23A and Block 407-900 were received and filed for the record. Mr. Campbell stated he had been unable to sell this property, but had a buyer, T. A. Schramm, if a variance could be granted. He had offered to sell the property to the adjoining neighbors, Mrs. Huegette Spadaro and Mr. Powell, but had been unsuccessful. At this point Mr. Bierman asked why it was contemplated to have a side yard, on the easterly side, of 5-feet only. Mr. Wenning stated this was due to the existing home,which was very close to the property line, and to re- serve the privacy to both the existing house and the proposed new house, the side of the house was kept a minimum of 5-feet away from the property line. Mr. Bierman asked if any building plans were available and Mr. Wenning submitted same as were filed with the Building Inspector. The Chairman noted that the building plans made provision for a fence and explained to Mr. Wenning, and also asked that the record show, that in no way was this Board deemed to authorize any fence inexcess of the height presently authorized by the ordinances. Mr. Wenning said the height would be within the ordinances. Mrs. Spadaro, adjoining property owner, appeared in opposition and stated she had offered to purchase Mr. Campbell's lot and was willing to nego- tiate with him that evening, if he was still interested. She also mentioned she had originally rejected the applicant's offer, but later made him an offer which he never replied to. She particularly objected to the proposed 5-feet side yard adjacent to her property since her living room would be 517 blocked from air and light which would inconvenience her. Mr. Richmond, President of the Elkan Park Association, appeared on their behalf, and stated the Association had voted to oppose on the ground that the building would be crammed into a very small lot and would not im- prove the neighborhood. Mr. Eggers asked Mr. Richmond if the Association had ever made an offer to buy Mr. Campbell 's property and both Mr. Richmond and Mr. Campbell replied no. At this point Mr. Campbell submitted letters, dated September 28, 1963, which had been sent to Mrs. Spadaro and Mr. Powell, formerly the owner of 230 Palmer Avenue, and again stated no answer ever was received from either of these people in regard to purchasing this property. These letters were received and filed for the record. The Chairman asked Mr. Campbell if he would like to adjourn to a pri- vate conference with Mrs. Spadaro to determine whether a sale could not be negotiated. Mr. Campbell agreed to this a five minute recess was declared. Following the recess Mr. Campbell announced that the offer made had been too low and therefore unacceptable. Mr. Bierman then stated that on the applicant's presentation he had certain legal rights to build on the lot because of his rights prior to the present ordinances, but with respect to side yards and width of the house the applicant had a choice therefore he could see no practical difficulty with what he had presented so far. The Board would have to have more evi- dence shown or applicant would have to restrict himself to 8-feet and 10-feet requirements. Mr. Bierman then asked if the applicant would be willing to shift the proposed house west 5-feet to that a 10-foot side yard would be contiguous to the Spadaro residence. Mr. Wenning replied no this would become unliv- able and there would be no outside court yard to introduce light and air into the kitchen. Mr. White asked if he could aDmply with side yard requirements and build a house 17-feet wide - would 3-feet make such a difference. Mr. Wenning stated this 3-feet would take away storage area needed. Mr. Bierman then suggested that Mr. Campbell, Mr. Schramm and Mr. Wenn- ing hold a prate conference to discuss the possibility of making the house only 17-feet instead of 20-feet wide thus conforming to side yard require- ments. This was agreeable to all concerned and a five minute recess was de- clared. After the recess, Mr. Wenning advised that such a narrow house would not provide needed storage space and would be unacceptable. He further stated that while the house could not be altered, the house could be turned around which would provide slightly more side yard on the side adjacent to Mrs. Spadaro's property. Mr. Eggers stated that in squeezing the house to 17-feet would be a hardship and the plan did not lend itself to such a change. The Board declared a ten minute recess. 518 Following the recess, The Board asked the applicant if he would accept the following conditions: 1. That a side yard of 8-feet minimum be provided on the easterly side of the proposed building and a side yard of 7-feet minimum be pro- vided on the westerly side. 2. That the building be set back so as not to protrude beyond the front line of an Elkan Park house on the property adjacent to the west, namely 230 Palmer Avenue. 3 . That an open masonry block decorative wall be built along the east- erly side of the proposed car port in line with the proposed easter- ly wall of the dwelling. The applicant stated these conditions were all acceptable as there was no further opposition a vote was taken which resulted as follows: Coumiissioner Bierman Aye Commissioner White Aye Commissioner Eggers Aye Commissioner Mullick Aye Commissioner Wassman Aye The following resolution was adopted: WHEREAS, Colin B. Campbell has submitted an application for a building per- mit to the Building Inspector so as to allow a lot width and street line frontage of 35-feet rather than the required minimum of 50-feet and side yards of 5-feet and 10-feet rather than the required minimums of 8-feet and 10-feet in an R-7.5 one-family residential district, together with plans; and WHEREAS the Building Inspector has refused to issue such permit on the ground that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Article IV of Section 410 and Article IV of Sections 445.1 and 445.2 of said Ordinance, which pro- vides for set backs, side yards and building on lots of less than required size, etc. ; and WHEREAS, Colin B. Campbell has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reason: 1. A valid conveyance for said lot was delivered to the applicant prior to the date of adoption of the provision of the Zoning Ordinance that made said lot non-conforming. Section 445.1 of the Ordinance provides that a permit may be issued in such event for the erection of a building housing a permitted use on said lot made non-conforming by the Ordinance. WHEREAS, this Board has examined the plans and also has 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 finds the following: 519 (a) That there are special circumstances and conditions applying to the land and/or 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 and/or buildings 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 applealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 1. A valid conveyance for said lot was delivered to the applicant prior to the date of the adoption of the provision of the Zoning Ordinance that made said lot non-conforming and Section 445.1 of the Ordinance pro- vides that a permit may be issued in such event for the erection of a building housing a permitted use on said lot made non-conforming by 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 and Article IV, Sections 445.1 and 445.2 be varied and modified so as to allow the construction of a one-family dwelling on a lot having a street line frontage of 35-feet on the premises located on the southerly side of Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407, Parcel 373, 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 and subject to the following conditions: 1. That a side yard of 8-feet minimum be provided on the easterly side of the proposed building and a side yard of 7-feet minimum be provided on the westerly side. 2. That the building be set back so as not to protrude beyond the front line of an Elkan Park house on the property adjacent to the west, namely 230 Palmer Avenue. 3. That an open masonry block decorative wall be built along the easterly side of the proposed car port in line with the proposed easterly wall of the dwelling. 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 building permit shall 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. 520 ADJOURNMENT There being no further business to come before this meeting it was adjourned at 10:15 p.m. oZr '_fie C) Genevieve F. Soriano, Secretary 521