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HomeMy WebLinkAbout1969_02_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD FEBRUARY 26, 1969, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 p.m. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. Henry Mullick Mr. Price H. Topping Mr. Russell G. Pelton Absent: Mr. E. Robert Wassman Also present: Mr. James J. Johnston, Town Attorney Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of November 21, 1968 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. The Chairman requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 304 Application of Mr. J. M. Barrett for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-10 Residential District (see Note"A") of the Zoning Ordinance so as to allow the construction of a one story addition at the west- erly side of the dwelling having a front setback from Brookside Place of 18 feet instead of the re- quired front setback on corner lots of 30 feet from both streets on the premises located at 14 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Parcel 349 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Barrett presented the Board with her applica- tion. The applicant stated that their reason for wanting this addition was to enlarge the present kitchen and dining area so that the entire family could eat at one time. It was pointed out by the Board that the addition was not going to project beyond the existing struc- ture which is now a raised terrace. It was, also, pointed out that the addition would be finished with aluminum siding. The Chairman asked if there was anyone else in favor of the application. Mrs. Barrett had presented the Secretary with a letter from Mrs. Nicholas F. Perrin of 5 Rockland Avenue favoring the application and Mrs. Lester Davies of 18 Rockland Avenue spoke in favor the application. There was no opposition. After a brief discussion the Board voted on the ap- plication and the result was as follows: Commissioner Eggers - Aye Commissioner Mullick - Aye Commissioner Topping - Nay Commissioner Pelton - Aye The application was therefore granted and the follow- ing Resolution duly adopted: WHEREAS, Mr. J. M. Barrett has submitted an application for a building permit to the Building Inspector for the construc- tion of a one story addition at the west- erly side of the dwelling together with plans; and WHEREAS, the Building Inspector has fefused to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mama- roneck with particular reference to Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-10 Residential District (see Note "A") of the Zoning Ordinance which requires a front setback on corner lots of 30 feet from both streets on the premises located at 14 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Parcel 349; and WHEREAS, Mr. J. M. Barrett has submitted to this Board an application for a variance on the ground of practical difficulty and/ or unnecessary hardship for the following reasons: 1. Because of the size of the family which now includes 5 chil- dren it is not possible for the entire family to eat together ( � 31 in the dinette area. 2. Because of the shape and size of the lot the proposed site was the only place to enlarge the kitchen and dinette area. WHEREAS, this Board has examined the plans, reviewed the application 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 appli- cation 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 buildings 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/or conditions are as follows: 1. The proposed addi- tion will not extend into the existing yards any further than the present terrace does. 2. Because of the size of the family it is necessary for the applicant to en- large the kitchen and dinette area so the family can all eat together. 3. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV, /0 3� Section 410 would de- prive 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 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 Residence Dis- trict Regulations for an R-10 Residential District (see Note "A") of the Zoning Ordinance so as to allow the construction of a one story addtion at the westerly side of the dwelling on the premises lo- cated at 14 Rockland Avenue 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 permit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if con- struction 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. Thq Chairman requested the Secretary to read the second application. � b3 APPLCATION NO. 2 - CASE 305 Application of Mr. Irving Cook for modification of Article IV Section 410, "Schedule of Regulations for Non-Residential Districts" and Article IV Section 400.10 "Accessory Uses" so as to allow the construc- tion of a one story addition and alteration to the north and easterly side of the building, which will reduce off-street parking facilities below minimum requirements as maintained in a single common facility on adjoining lots within 500 feet from the structure on the premises located at 1265 Boston Post Road and known on the Tax Assessment Map of the Town of Mamar- oneck as Block 412 Parcels 449 and 439 on the grounds of practical difficulty and/or unnecessary hardship. Mr. George P. Forbes, Jr. , an Attorney, of 7 Woodland Avenue, Larchmont, New York represented the applicant, Mr. Irving Cook. Mr. Forbes presented members of the Board with a memo- randum upon behalf of his client and stated that the basis of the appeal was not so much for a modification of the provisions of the Zoning Ordinance but a request for an interpretation of the applicable provisions of the Ordinance. He stated that the applicant was not seeking a variance but a determination by the Zoning Board as to the interpretation of the provi- sions involved. Mr. Forbes contends that the Zoning Ordinance must be strictly construed in favor of the property owner and any doubt in meaning must be decided in favor of the property owner. He, also, contends that the Zoning Regulations cannot be extended specifically nor by implication and may not be interpreted to pro- hibit an otherwise lawful case. Mr. Forbes stated that Mr. Cook is the owner of Block 412 Parcel 449 and leases Parcel 439 which contains 10,000 square feet. Parcel 439 is located at the extreme northeast corner of the combined property and is being presently used as part of the parking area for the restaurant. Mr. Forbes contends that despite the denial of the application by the Building Inspector, Parcel 439 is properly a part of the lot in which the restau- rant is located. Mr. Forbes states that Parcels 449 and 439 are one parcel of land and not divided by streets occupied or to be occupied by a building, buildings or accessory building together with such open spaces as required under the provisions of this Ordinance and in accordance with the provisions of law to be adequate as a condition for the issuance of a building permit for a building on such land. (0 Mr. Forbes, also, stated that the lease in question, dated March 29, 1966, is between Dan and Pearl Elkind and Dorliz Land Corp. The applicant, Mr. Irving Cook, is President of the Dorliz Land Corp. and executed the lease which is for a term of 15 years from April 1, 1966 to March 31, 1981. The term of the lease states that the lot is to be used for a parking lot or any other lawful purpose in conjunction with the operation of Cook's Restaurant and that the tenant has the option to renew the lease for two renewal terms of 15 years each which would take the renewal lease to March 31, 2011. The applicant contends that there is a question in- volving the interpretation of the meaning of "space devoted to patron's use" which requires one space for each 50 square feet of floor space devoted to patron's use. That although the Building Inspector has made allowances for certain areas in the build- ing such as storage and toilet facilities which are not used by patrons for actual dining he has not con- sidered the deduction of areas devoted to space in and around counters and aisle space between tables. The Building Inspector's interpretation of the appli- cable provisions of the ordinance reveals that 79 parking spaces are required for the present building and the proposed addition would have to provide an additional 34 making a total of 113. The applicant contends that according to their computation 74 park- ing spaces are required and presently there are 110 spaces of which 31 are on the leased area. The appli- cant further contends that the space where the patrons walk back and forth in the existing or proposed build- ing should not be computed and that the parking area should be based upon the number of people who use the restaurant on the basis of the area for tables and chairs. Mr. Eggers asked Mr. James Reville, a Professional Engineer and the designer of the addition and alter- ation for Mr. Cook what criteria he used for designing the floor area per patron in dining rooms. Mr. Reville stated that his method of computing the area is from the State Manual prepared by the Department of Com- merce in 1932. He stated that an average table set- ting was 7'x7' which is approximately 50 square feet. Mr. Eggers questioned as to whether the 50 square feet included a circulation area. Mr. Reville pre- sented to the Board a parking analysis plan showing the proposed floor areas in the dining room of the restaurant and pub which he explained to the members. Mr. Eggers stated that the aisle leading to the game room is 52' wide and is only used by customers. It was, also, pointed out that the required area for a parking space is 9'x20' . Mr. Eggers asked Mr. Johnston, the Town Attorney, r03s' whether legally the leased land could be computed in determining off-street parking areas with the present parking area owned by Mr. Cook. Mr Johnston stated that he would say yes. Mr. Topping asked Mr. Forbes what would happen if the tenant defaulted in rent. Mr. Cook, the applicant,of #1347 Flagler Drive, Mamaroneck, answered by saying that the same thing as would happen if you defaulted on your mort- gage. The Board discussed the possibility of what would happen if Mr. Cook were to sell the property and whether or not his purchaser would succeed to his benefits of the leased property. After further discussion, the Chairman asked if there was anyone else who wanted to speak in favor of the application. Mr. Anthony Sansone, an Attorney, who said he represents the Castro Convertible Company said he had no comments. Mr. Scheuble an adjoining land owner presented the Board with a letter opposing the application. The letter was signed by Otto Scheuble, Julius Anger and Kathryn Scheuble and stated that "as immediate property owners they were concerned about the increased health nuisance because of the cooking with greases which produce an odor and in warm weather attracts flies and mosquitoes". Mr. Scheuble further pointed out in his letter that the existing large exhaust fans on Cook's Restaurant blow polluted air on the adjoining properties. He, also, said that a larger building would mean more business, more parking and more traffic on the al- ready heavily traveled Boston Post Road and that Mr. Cook is already in violation of the Zoning Ordi- nance. When Mr. Cook had built his parking lot in 1966 he had not provided a 10 foot buffer strip as required by the Zoning Ordinance. Mr. Johnston questioned as to whether the present building has the necessary parking area at the pre- sent time and was informed that it does meet the requirements. The Town Attorney then asked Police Chief James O'Brien about the traffic,: situation on the Boston Post Road and Chief O'Brien stated that the traffic was heavy and stacks up. Mr. John- ston questioned as to where a car coming from Cook's parking lot would have to stop, if the terrace was enclosed, to have a clear view of the traffic. The Police Chief explained they would have to make a stop at the sidewalk or practically at the curb. Mr. Johnston, also, said he had hoped to have Fire Chief Ralph Condro at the meeting but he had been called out to a fire. The applicants brought up the question as to whether the traffic was pertinent to the case and Mr. Eggers stated that he felt safety was very important. Mr. Topping made the suggestion that he would like to have time to read over Mr. Forbes' memorandum 1O36 and reserve his decision for another meeting. Mr. Scheuble inquired as to whether or not Mr. Cook would be required to put in the buffer zone and was advised by the applicants that they would put the buffer zone in. After further discussion it was decided that the Board would hold a Special Meeting on Saturday, March 1, 1969 at 9 a.m. to continue the case at which time Mr. Paonessa was requested to present to the Board computations on the existing and proposed floor areas and aisle spaces. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 10 p.m. Rita A. Johnson, Secretary C 1 o�7