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HomeMy WebLinkAbout1963_02_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD FEBRUARY 27, 1963, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. Z CALL TO ORDER w The Acting Chairman called the meeting to order at 8:05 p.m. U3 U" PRESENT: Richard I. Land, Acting Chairman L1.. Sydney Bierman ob Richard Eggers 23 CC o ABSENT: Laurence J. Sobel, Chairman 0 Robert White 00 ALSO PRESENT: William Paonessa, Building Inspector ANNOUNCEMENTS Mr. Land stated that in the absence of Mr. Sobel he had been requested to act as Chairman of this meeting. Mr. Land also announced that because of an operation, Mr. White, the new Commissioner, was unable to be present. Mr. Land read a letter from Mr. White expressing his regret at his inability to be present at this meeting. Since there were only three members of the Board present Mr. Land announced that any persons wishing to have action on their applications for variances deferred to another meeting could do so. MINUTES The minutes of the meeting of January 23, 1963, were accepted as presented. Mr. Bierman noted for the record that he thought that in the Z future the minutes should be more detailed. UJ U? Q HEARING !a3 The Chairman declared the hearing open and the secretary presented 6 0 O 427 on the affidavit of publication of the notice of hearing as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on February 20, 1963 . The Chairman requested the secretary to read the first appli- cation. APPLICATION NO. 1--CASE 155 Application of Trygve Ryen for modification of Article IV, Section 410, Schedule of Residence District Regulations, in an R-15 District so as to permit the construction of a one family dwelling on a lot having an average depth of 80 feet, more or less, instead of the required 100 feet and a set- back of 30 feet from Sackett Drive instead of the required 40 feet on premises located on the east side of Sackett Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 106, part of Parcel 234, on the ground of practical difficulty and/or unnecessary hardship. The Chairman asked if any person present wished to speak either in favor of or in opposition to this application. Mr. Joseph Rigano, builder, representing Mr. Ryen asked that action on this application be deferred to the next regular meeting of this Board, March 27, 1963, since there were only three members present. Mr. Land and the Board members granted this request. The secretary then read the second application. APPLICATION NO.2--Case 156 Application of Alfred Willis for modification of Article IV, Section 410, Schedule of Residence District Regulations, in a R-7.5 District, so as to permit the construction of a one family dwelling on a lot having a frontage of 18.09 feet on Weaver Street instead of the required 75 feet, on premises located on the east side of Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402, part of Parcel 208, on the ground of practical difficulty and/or unnecessary hardship. Mr. Willis is agent for Cosimo Zavaglia. Mr. Land asked if any person present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Alfred Willis, Architect 132 Larchmont Ave. , Larchmont Cosimo Zavaglia In Opposition: None 428 Mr. Willis, representing Mr. Zavaglia, appeared and submitted plans for the proposed dwelling. He explained that this land had been in single and separate ownership for the past fifteen years. Mr. Willis went on to explain that they would move an existing two car garage to the rear of the property, and that if they took a road on the other side of the property it would spoil the 75 foot frontage. Mr. Bierman raised the question as to whether the width of the access road was adequate and whether it would post a problem as to fire protection, etc. Mr. Paonessa, Building Inspector, said that the plans were to use the access as a driveway and that the proposed dwelling's distance from the street would pose no problem. Following some further discussion and Mr. Bierman's statement that the proposed dwelling must meet the metes and bounds description filed with the plans,the following resolution was unanimously adopted: WHEREAS, Cosimo Zavaglia has submitted an application for a building permit to the Building Inspector, together with plans for the construction of a one family dwelling; and WHEREAS, the Building Inspector has refused to issue such a 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, Section 410, Schedule of Residence District Regulations, which deals with set-backs, street frontage, etc. ; and WHEREAS, Mr. Zavaglia 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. Lot is of narrow width and limited frontage on Weaver Street . 2. An interior building parcel with an area of 10,800 sq. ft . and a frontage of 18.09 feet on Weaver Street is the only way land can be subdivided and reasonable use of land accomplished. and WHEREAS, this Board has examined the plans and also have viewed the property and has heard all persons interested in the application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following: 429 (a) That there are special circumstances and conditions applying to the land for which a variance is sought which circumstances and/or conditions do not apply generally to land in the district and which circumstances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: l,Lot is of narrow width and limited frontage on Weaver Street . 2. This is only way land can be subdivided and reasonable use of the land accomplished which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Section 410 would deprive the applicant of the reasonable use of the land 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 the Ordinance and will not be injurious to the neighborhood or other- wise 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 a one family dwelling on a lot having 18.09 feet frontage on Weaver Street on premises located on'the east side of Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402, part of Parcel 208, in strict conformance with the plans filed with this application and provided that the applicant complies in all other respects with the Zoning Ordi- nance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED that the metes and bounds must con- form with the plans filed. 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 6 months or 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. 430 ADJOURNMENT There being no further business to come before the meeting it was adjourned at 9:15 p.m. Ruth Dammann, Secretary I 'i,Y 431 z W rn