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HomeMy WebLinkAbout1964_07_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JULY 22, 1964, 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 8:00 p.m. PRESENT: Sydney D. Bierman, Chairman Robert B. White Henry E. Mullick Richard Eggers ABSENT: E. Robert Wassman ALSO PRESENT: William Paonessa, Building Inspector MINUTES The minutes of the meeting of June 24, 1964 were approved, as corrected, on motion duly made and seconded. ANNOUNCEMENTS The Chairman read a letter, dated July 10, 1964, from Frederick D. Hatem, attorney for Emilia Ferrari, withdrawing her application for an 8 x 20.5-foot addition to her residence at 4 Baldwin Avenue. This case had been held over from the May 27, 1964 meeting at the request of Mr. Hatem. This letter was received and filed for the record. (Case 184) A letter, dated July 16, 1964, from Thomas F. Fanelli, attorney for S. N. Fetchers, withdrawing his application for construction of an off-street park- ing area at 36 Boston Post Road was read by the Chairman. This letter was received and filed for the record. (Case 187 - Application No. 2) 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 July 16, 1964. The Chairman requested the secretary to read the first application. APPLICATION NO. 1 - CASE 186 Application of Carlo Ronconi for modification of Article IV, Section 410, Schedule of Regulations for Non-Residential Districts of the Zoning Ordinance of the Town of Mamaroneck, so as to allow the construction of an attached storage building, to the existing building, in a "B" Business District, in- creasing the building coverage to 52% rather than the allowable maximum re- quirement of 25% on the premises located at 615 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131, Parcel 344 on the grounds of practical difficulty and/or unnecessary hardship . 560 For Appellant: Carlo Ronconi, Jr. 234 Dairy Farms Drive New Rochelle, New York In Opposition: None Communications: None Mr. Ronconi, representing his father, appeared and submitted plans for the construction of an attached storage builkding to the existing building. Mr. Ronconi said that even though his buildings cover 45% of the 27,100' lot, he has a great deal of unused space . He usually has only two trucks and a few cars parked there, he added. The proposed addition would be for stor- ing excess lawn equipment, his expanding business needed. It would also pre- vent possible theft . The structure would be built of metal. Mr. Bierman pointed out that the last time the Ronconis had asked for a variance , in 1962 when they increased their coverage from 35% to 45%, they had stated that would be the final stage in their expansion. Mr. Ronconi said he was sure this structure would be the last, with tax rates what they are. He also pointed out that his was a seasonal business, and while his current space might be adequate much of the year, extra area is needed in peak season for storage . Mr. Bierman asked if Mr. Ronconi would accept a limitation on his variance that the structure only be used as long as Mr. Ronconi was in business and for the specific use as noted in his application. The Chairman said he could make the building redeployable (pre-fabricated) . Mr. Ronconi said the cost of labor is too great to dismantle such a structure, and re- fused to accept the condition. Mr. Eggers asked whether or not the Ronconis had considered using the front portion of the business property for the storage of their lawn equip- ment. Mr. Ronconi no as he did not want the trucks parked out on Fifth Avenue . It was also mentioned that the Ronconis' neighbors, Atlas Chair Rental and Myrtle Garage cover nearly all of their property, having been built be- fore zoning laws were passed. Mr. Ronconi said that when they bought the property in 1949 his father wanted to expand right away, while he thought it best to expand gradually. Since then, the zoning laws have been changed and the original structure had been expanded in 1950, 1958 and 1962 . Mr. White asked Mr. Ronconi the approximate cost of the proposed addi- tion and Mr. Ronconi replied approximately $12,000.00. In addition, he planned on painting the old buiding, the same color as the new building, white . Mr. White suggested building a second story, but Mr. Ronconi said this would be impractical for moving equipment by truck. He said his firm's large area made it unnecessary for delivery trucks to obstruct Fifth Avenue. Following some further discussion, a vote was taken which resulted as follows: Commissioner Bierman Naye Couuuissioner Mullick Naye Commissioner White Aye Coiiuuissioner Eggers 561 Aye The following resolution was adopted: WHEREAS, Carlo Ronconi, has submitted an application for a building permit to the Building Inspector for the construction of a 56' x 50' storage build- ing, attached to the existing building, 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 Section 410, Schedule of Regulations for Non-Residential Districts, in a "B" Business District, of said Ordinance, which provides for maximum building coverage; and WHEREAS, Carlo Ronconi has submitted to this Board an application for a var- iance on the ground of practical difficulty and/or unnecessary hardship for the following reason: 1. To provide a building for storing excess lawn equipment that his expanding business required. In addition it would also prevent possible theft of the lawn equipment. 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 welfare. FURTHER RESOLVED that this decision be filed with the Town Clerk in accord- ance with Section 267 of the Town Law. The secretary then read the next application APPLICATION NO. 3 - CASE 188 Application of E. H. Sieglitz for modification of Article IV, Section 410, Schedule of Residence District Regulations for an R-10 District of the Zoning Ordinance of the Town of Mamaroneck so as to allow an addition to an existing dwelling having a non-conforming side yard of 8-feet instead of the minimum required 10-feet on the premises located at 77 Briarcliff Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220, Par- 562 cel 300, on the grounds of practical difficulty and/or unnecessary hardship . For Appellant: Thomas Guglielmo 109 Laurel Avenue Larchmont, New York In Opposition: None Communications: Leslie R. Freestone 75 Briarcliff Road Larchmont, New York Mr. Guglielmo, the builder representing Mr. Sieglitz, appeared and sub- mitted plans for the proposed addition to the existing dwelling. Mr. Guglielmo explained that the space under the proposed terrace would be used for a tool room, storage of outdoor furniture and lawn equipment. The back stairway and platform is the original stairway and needs to be re- placed for safety. The, terrace would give Mr. Sieglitz a place where his family would have a place to sit out in the evening without having to go down the stairs to the backyard, which is an 8-foot drop. The unused deck coming out of the present sun room on the second floor would accomplish these requirements by extending this terrace at the end of the sun deck. The Chairman read a letter, dated July 15, 1964, from Leslie R. Freestone, a neighbor, supporting the proposed structure. He stated there seemed enough room between his property and the applicants to allow this addition. This letter was received and filed for the record. Mr. Bierman agreed that a terrace would be the only way Mr. Sieglitz could make use of the existing sun deck. He asked Mr. Paonessa what the dimensions of the proposed terrace would be to which Mr. Paonessa replied 6'6" x ll '4" . Following some further discussion, a vote was taken which resulted as follows: Coumdssioner Bierman Aye Commissioner Mullick Aye Commissioner White Aye Commissioner Eggers Aye The following resolution was adopted: WHEREAS, E. H. Sieglitz has submitted an application for a building permit to the Building Inspector for the addition to the existing dwelling in a R-15 Residence 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 Section 410 of said Ordinance, which provides for set backs, side yards, plat area, etc. ; and WHEREAS, E. H. Sieglitz has submitted to this Board an application for a var- iance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 563 1. Space under the proposed terrace could be used for a tool room, storage of outdoor furniture and lawn equipment. 2. The back stairway and platform is the original stairway and needs to be replaced for safety. 3. Terrace would provide a place for the family to sit out in the evening without having to go down the stairs to the backyard which has an 8-foot drop. 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: (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 appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 1. Space under the proposed terrace would provide for a tool room, storage of outdoor furniture and lawn equipment. 2. Back stairway, in replacing, etc. , would provide better safety conditions. 3. Terrace would be the best way applicant could make use of his present sun deck and would provide a place for the family to sit out in the evenings, etc. which circumstances and/or conditions .are such that the parti- cular application of the Ordinance with respect to Section 410 would deprive the applicant of the reasonable use of such land and/or building and that for these reasons the granting of the variance is necessary for the reasonable use of the land and/or building and that the variance as granted by the 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 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 be varied and modified so as to allow the con- struction of an addition to the existing dwelling, having a side yard of 8-feet, in a R-10 Residence District, on the premises located at 77 Briar- 564 cliff Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220, Parcel 300, 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 Mamaro- neck and subject to the following conditions: None 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 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. ADJOURNMENT There being no further business to come before this meeting it was ad- journed at 9:00 p.m. . 565