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HomeMy WebLinkAbout1965_01_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JANUARY 27, 1965 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 8:10 p.m. PRESENT: Sydney D. Bierman, Chairman E. Robert Wassman Henry E. Mullick ABSENT: Richard Eggers Price H. Topping ALSO PRESENT: William Paonessa, Building Inspector MINUTES The minutes of the meeting of December 23, 1964 were approved as corrected on motion duly made and seconded. HEARING: The Chairman declared the hearing open and the secretary presented the affidavit of publication of the notice of the hearing in the official newspaper of the Town of Mamaroneck, The Daily Times, on January 21, 1965. The Chairman announced that since only three members of the Board are pre- sent this evening, any application presented would have to have unanimous approv- al, and therefore if any applicant wished to have his case adjourned to the next meeting on February 24, 1965, he could do so merely for the asking. He further explained that if the applicant wished to present his case this evening and it was denied, he could not return to this Board for a rehearing. Mr. Sheehan requested that his application be deferred to the February meet- ing and Mr. Bierman stated that the application would be republished at the Zon- ing Board's expense because of lack of attendance of two members of the Zoning Board. Mr. Bierman instructed the secretary that notification of adjoining prop- erty owners would be unnecessary. OLD BUSINESS - Application No. 1 - Case 200 Mr. William S. Brill, Attorney for Ciro La Barbera presented an amended application supplementing the application dated November 5, 1964, in which the applicant claims that a modification of Article IV, Section 410 of the Zoning Ordinance should permit the construction of a 60 foot extension to the rear of the existing structure so as to have overall dimensions of 100 feet in depth by 40 feet in width, together with an extension of the present use of the plot for a depth up to within 100 feet of the rear property line on Hartung Street for the reasons stated therein. For Appellant: William S. Brill 7 Woodland Avenue Larchmont, N.Y. 623 In Opposition: Mr. & Mrs. Frank Umbrino 33 Hartung Street Larchmont, N.Y. Communications: Mrs. Corina Argenta 38 Hartung Street Larchmont, N.Y. Mr. Bierman questioned Mr. Paonessa as to whether the figures and percentages stated in the amended application were correct and verified. Mr. Paonessa replied that he had not checked the new computations. Mr. Brill then asked if the jurisdictional question had been resolved with the Town Attorney. Mr. Bierman read a communication from Mr. James J. Johnston, Town Attorney, dated January 22, 1965, stating that it was his opinion that the exclusive juris- diction for the hearing and determination of this application lay with the Zoning Board of Appeals. This letter was received and filed for the record. Mr. Bierman further stated that with all due respect to the opinion of the learned Town Attorney, James Johnston, it is my own opinion that this application indicates extension of a use which is specifically permitted and therefore, regard- less of Zoning Board resolution, the applicant should seek permission of the Town Board. The Town Attorney's opinion, read by the Chairman, was that the application fell under that section of the ordinance which deals with properties lying in two or more districts. Mr. Bierman expressed the view that the applicant must in fact qualify before two boards: the Zoning Board under the provisions for properties in two districts and the Town Council under the section requiring that special permits must be grant- ed by that body. Mr. Brill then inquired about the possible improvement of Van Gilder Street and was advised by Mr. Bierman that due to the Supervisor's departure on vacation, discussion of this matter was being held in abeyance pending the Supervisor's re- turn. Mr. Bierman asked if applicant had any final plans to submit and incorporate with proposals. Mr. Brill showed the Board a direct scale drawing showing hemlock screen - 5 foot buffer between new line and business side, together with a list of the additional improvements the applicant would perform if granted a variance, which was received and filed for the record. The Chairman asked if the structure was the same in appearance as presented at the last meeting. Mr. Brill replied that there was no change in structure. Mr. Bierman then read a communication presented to him by Mrs. Carmen Argenta, 38 Hartung Street, under date of January 21, 1965, objecting to the application which was received and filed for the record. 624 The Chairman then declared a 15 minute recess. Whereupon, following the recess, and some further discussion, a vote was taken resulting as follows and the following resolution was therefor declared duly adopted: Commissioner Bierman Naye Commissioner Wassman Nays Commissioner Mullick Naye WHEREAS, Ciro LaBarbera, d/b/a Minit Car Wash, has submitted an application for a building permit to the Building Inspector for the construction of a 40' x 60' add- ition to the rear of the existing building at 434 Boston Post Road together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that plans submitted have failed to comply with Article IV, Section 410 - Schedule of Regulations for Non-residential districts, which requires a minimum rear yard of 25 feet (plan shows a rear yard of 4.31 ft.) , a minimum side yard of 4 feet (plan shows a side yard of 3.02 ft.) and a building coverage of 30.7% instead of the re- quired allowed maximum of 25%. Also Article III, Section 340 (lots in two or more districts) will not comply with Item #2 which said extension will come within 100 ft. of Van Gilder St. (Which is unimproved) ; and WHEREAS, Ciro LaBarbera has bubmitted to this Board an amended application for variance on the ground of practical difficulty and unnecessary hardship for the following reason: 1. The present structure is entirely inadequate to accomodate normal expan- sion of his business and requires installation of modern and additional equipment so as to give proper and faster service to his customers and particularly installation of drying apparatus inside the proposed addi- tion to the present structure so that cars can be properly serviced and dried instead of outside the building where rinse waters freeze up in cold weather, etc. 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 application upon the following grounds: 1. That there are no special circumstances or conditions applying 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. 2. That the facts and circumstances claimed by the applicant to en- title him to the variance are not such as would deprive him of the reasonable use of the land and that the granting of the var- iance is not necessary for the reasonable use of the land. 3. 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 neighborhood and detrimental to the public 625 welfare. FURTHER RESQLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The secretary then read the next application. APPLICATION NO. 2 - CASE 205 Application of Erich W. Ulbrich for modification of Zoning Board Resolution dated February 26, 1964, so as to allow the alteration of a carport to be main- tained as a residential garage and laundry room rather than the requirement that it comply with the Variance granted by the Zoning Board Resolution dated February 26, 1964 for a one (1) family dwelling to be in strict accord with approved plans and conditions of the resolution, on the premises located at 242 Palmer Avenue, Larchmont, N.Y. and known on the Tax Assessment Maps of the Town of Mamaroneck as Block 407, Parcel 373, on the grounds of practical difficulty and/or unnecessary hardship. For Appellant: Erich W. Ulbrich 242 Palmer Avenue Larchmont, N.Y. Anton Schramm 129 Palmer Avenue Larchmont, N.Y. Communications: None Opposition: None Mr. Bierman inquired at this time why Mr. Ulbrich had proceded with the con- struction and completion of this structure without any authority from either this Board or the Building Inspector? Mr. Ulbrich replied that it occurEed due to his ignorance of the law and had to take action quickly with the advent of cold weather Mr. Bierman questioned when the applicant purchased the dwelling. Mr. Ulbrich replied that he had bought the property in 1964 and had the house built by Anton Schram, according to the Zoning Board specifications. A variance had been granted last February for building on the substandard lot, far smaller than required because he had ownership prior to the adoption of the Zoning Ordinance and therefore a constitutional right to relief. Mr. Bierman asked if Mr. Ulbrich knew about the variance when he bought the house and if he had seen the plans, examined the property and taken deed before the house was finished? Mr. Ulbrich answered affirmatively to the above questions. Mr. Bierman then asked the applicant if he knew of the requirement for a decor- ative open block wall on the side of the carport facing the neighbor to the East and further explained that the variance granted for the property permitted the construct- ion of a small building and thats what applicant bought - a small building with a carport. 626 Mr. Ulbrich explained that heating ducts and water pipes were located under the ceiling of the carport and these would have frozen unless the area were en- closed. These facts made it an emergency. Mr. Wassman disagreed, replying that the front bathroom serviced by these pipes could have been shut off and ducts are part of a hot air system. The Chairman asked why Mr. Schramm had not applied for an emergency permit. Mr. Schramm replied that he was not aware that the alteration was in violation of the variance and explained that when Mr. Ulbrich moved in and could not find a place for a laundry, he called the architect who made suggestions that Mr. Ulbrich did not approve of. Mr. James Renson of the Elkan Park Association stated that he was present as an observer and could not speak for the entire membership but that he knew most of the nearby neighbors, specifically Robert Powell and J. B. Finneran were in favor of having the carport enclosed on the west side since it would add value to adjoining properties. He further stated that although there are 10 residents whose properties back up to Mr. Ulbrichs house, they do not see the east wall. Mr. Bierman requested Mr. Renson to furnish a statement from the Elkan Park Association. Mr. Ulbrich reported that the present owner of the house to the east is in favor of the enclosure and Mr. Bierman asked that he either produce an appropriate statement from his neighbor at the next meeting or have him present. After further discussion, the Chairman stated that this application would be deferred to the next meeting and that meanwhile Mr. Ulbrich is in violation of the Zoning Ordinance. Mr. Bierman further stated that no further publication would be necessary. ADJOURNMENT There being no further business to come before this meeting, it was adjourned at 10:20 p.m. Le Esta E. Davis, Secretary C 627