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HomeMy WebLinkAbout1966_01_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JANUARY 26, 1966, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK CALL TO ORDER The Chairman called the meeting to order at 8:05 p.m. ROLL CALL Present: Mr. Sydney D. Bierman, Chairman Mr. Richard Eggers Mr. E. Robert Wassman Mr. Henry Mullick Absent: Mr. Price H. Topping Also present: Mr. William Paonessa, Building Inspector PUBLIC HEARING The Chairman declared the hearing open and the sec- retary presented for the record the affidavit of publication of the notice of the hearing. The Chairman requested the secretary to read the first application. APPLICATION NO. 1 - CASE 228 Mr. Bierman requested that since this case was a continuance of a prior submission which appeared as Application No. 1 on the calendar of December 1, 1965, if there was no objection the record made at that prior meeting would be considered part of this record. There was no objection. The following persons were heard: In favor: George Forbes, Esq. Attorney for 199 Main Street Applicant White Plains, New York In opposition: Herbert Greene, Esq. 188 Murray Avenue Larchmont, New York Mr. Henry Mendes, Jr. 194 Murray Avenue Larchmont, New York Mrs. R. E. Sandberg 190 Murray Avenue Larchmont, New York 7 Mr. Thomas R. Coash 34 Colonial Avenue Larchmont, New York Mr. Robert T. Lamkin 18 Colonial Avenue Larchmont, New York Mr. N. B. Allan 20 Colonial Avenue Larchmont, New York A revised plan was submitted showing a relocation of the proposed building. It was noted from this plan that the side and rear yards and the front set-back from Damon Terrace would comply with the Zoning Ordinance, but the set-back from Colonial Avenue did not meet its requirements. It was also pointed out that there was no way to change the existing depth of the lot which was less than the required 100 feet. Mr. Forbes stated again for the record that this lot had been in single and separate ownership and Mr. Tull was entitled to relief from the Zoning requirements as the parcel had been created as a building lot on a filed map before the present laws were in effect. He mentioned that the plans as originally filed had been worked over and the new plan was the best efforts of the architect with respect to all of the set-back requirements. Mr. Greene presented a petition signed by 16 neigh- bors and spoke in their behalf. He claimed that Mr. Tull intended to build this house as a specula- tion for resale and the value of the surrounding homes would be depreciated if the application was approved because the erection of the proposed build- ing would increase traffic congestion and create fire and flood hazards. Pictures were presented to the Board of flood conditions that had existed. He stated that this parcel had other possible uses such as for expansion of the school. Mr. Greene stated that the hardship Mr. Tull claims was brought on by himself when he sold the house at 188 Murray Avenue in September 1964 at a time when he owned and was using both parcels as a single unit. Mr. Mendes, Mrs. Sandberg, Mr. Coash, Mr. Lamkin and Mr. Allan, also in opposition to the application claimed that when Mr. Tull lived at the Murray Ave- nue address the two properties were considered as one and the lot in question was used for a garden. After some discussion as to whether or not a dwell- ing could have been constructed on the parcel before the Zoning Ordinance had been last adopted the Board took a recess following which a vote was taken on the application and the result was: 7 � I Commissioner Bierman - Naye Commissioner Eggers - Naye , .. Commissioner Wassman - Naye Commissioner Mullick - Aye The application was therefore denied and the follow- ing resolution duly adopted: WHEREAS, Alfred H. Tull, has submitted an application to the Building Inspector for the construction of a one family dwelling 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 Mama- roneck, with particular reference to Article IV, Section 410, Schedule of Residence Dis- trict Regulations for an R-6 Residential District, which provides for a minimum lot depth of 100' and a minimum front set-back from both streets of 30' ; and WHEREAS, Alfred H. Tull has submitted to this Board an application on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. The lot was in single and separate ownership and had been created as a building lot before the present Zoning Resolution became effective. 2. Due to the irregular shape of the lot there would be no other suitable location for the dwelling. WHEREAS, this Board has examined the plans and also 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 denied the appli- cation upon the following grounds: 1. That on and after the date of the adoption of the Zoning Resolution, the subject premises were not in single and separate ownership, but were owned and used by the applicant, and merged in fee with contiguous property which was later voluntarily sold 3Z and conveyed by applicant in © disregard of Section 445 of the Zoning Resolutions. 2. That there are no special circumstances or conditions ap- plying to the land for which the variance is sought which circumstances or conditions are peculiar to such land and which do not apply generally to land in the district. 3. That the facts and circum- stances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land and that the granting of the variance is not necessary for the reasonable use of the land. 4. That the granting of the variance would not be in harmony with the general purposes and intent of this Ordinance and would be injurious to the neigh- borhood and detrimental to the public welfare. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this meeting, it was adjourned at 10:25 p.m. Rita A. Johnso Secretary