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HomeMy WebLinkAbout1969_07_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 23, 1969, IN THE COUNCIL ROOM OF THE TOWN OF MAMARONECK FIREHOUSE, WEAVER STREET AND 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. E. Robert Wassman Mr. Henry Mullick Mr. Price H. Topping Absent: Mr. Russell G. Pelton 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 hearing. The Chairman requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 314 Application of Mr. Edward J. Spellman for modifica- tion of Article IV Section 400.4 Subdivision of a Lot and Article IV Section 410 Schedule of Residence District Regulations for an R-20 Residential District of the Zoning Ordinance so as to allow the construc- tion of a one family dwelling on a separate lot hav- ing less than the required area on the premises lo- cated at 1032 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 346 part of Parcel 244 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Spellman was represented by Mr. Joseph B. Glatt- haar of 175 Main Street, White Plains, who pointed out that the applicant was requesting a variance because when Mr. Spellman submitted an application for a building permit to build a house on the adjoin- ing lot to his present dwelling he was told that the lot did not have the required area. At the time Mr. Spellman purchased his house and the adjoining lot in 1960 he was given to understand that the vacant lot was a buildable lot. The Board pointed out that before the zoning was changed in 1959 this particular property would have required 0 7'f 15,000 square feet for a buildable lot. The lot in question contains 18,762 square feet instead of the presently required area of 20,000 square feet for an R-20 Zone. The plan submitted with the ap- plication for a house complies in regard to all set- backs but the lot is lacking 1238 square feet. Mr. Glatthaar stated that Mr. Spellman's hardship was that if the variance is not granted the appli- cant will have a vacant lot that cannot be sold be- cause it is not a buildable lot. It was, also, pointed out that when the property was subdivided prior to the existence of the Planning Board the builder divi- ded the lots as he went along. Mr. Spellman stated that his lawyer had been in con- tact with the Town and Mr. Glatthaar read a letter dated June 2, 1960 from Mr. Delius, the Town Attorney at that time, who stated that according to the Zoning Ordinance it would be necessary for Mr. Spellman to have a lot containing 20,000 square feet to build a house. Mr. Richard Selig who lives at 7 Bruce Road stated that he was opposed to the application as his pro- perty adjoins Mr. Spellman's and that when he had purchased his house the builder had assured him that the vacant lot next to Mr. Spellman's residence was not a buildable lot. Mr. Selig said that there was no place for drainage on the vacant lot and any drain- age from Old White Plains Road would kill the fish he has stocked in his pond and his shrubbery. He, also, stated that there is a drainage problem on his property at present when there is a heavy rain. Mr. Eggers stated that when he had visited the pro- perty even after all the rain we have had he did not get his feet wet and that there was a 21 foot retaining wall between the properties. Mr. Paonessa stated there was a drain installed on Mr. Selig's and Mr. Lashin's property at 5 Bruce Road. The Chair- man asked Mr. Paonessa if he had heard any reports from the Westchester County Health Department in reference to any sewage problems and explained that before Mr. Spellman could obtain a building permit if the variance was granted he would have to obtain permission from the Health Department. Mr. Paonessa said that there had been no complaints within the last couple of years but there has been problems from the houses further up the line due to the area on the other side of Wesleyan Avenue. It was pointed out that the vacant lot in question is the same height at the front and back but there is a slight depression in the center. Mr. Spellman said that the property would be filled at least four feet. G 71 Mr. Klass Van Heel of 1032 Old White Plains Road said he objected to the application because he thinks the lot is too small to put a house on and that the people who owned the property previously to Mr. Spell- man had used the lot for a garden. Mr. Van Heel said he felt the reason the zoning had been changed was to upgrade the property and by allowing this variance it would be downgrading the area. Mr. John P. Gilgut of 1007 Old White Plains Road, also, expressed his disapproval of the application. Mr. Morton A Karmel of Old White Plains Road stated he was not there to express either approval or dis- approval but only wanted to know if a variance was granted if it would set a precedent and as his pro- perty consists of 6 acres would he be able to sell off pieces of his property for building lots. The Chairman told Mr. Karmel that the Zoning Board does not establish precedents which are only set by court action. Mr. Paonessa explained that if Mr. Karmel wanted to break up his property into building lots he would have to make application to the Planning Board and according to the Planning Board regulations 20% of the lots in a subdivision could be less than the required area but not more than 20% could be reduced to less than 16,000 square feet. Mr. John Johnson of 1011 Old White Plains Road said he only disapproved because of the problems with the septic tanks in the area and would suggest that the variance only be turned down until the time that the Town is able to put a sewer in. After a brief discussion the Chairman requested a short recess. When the Board returned a vote was taken on the application and the result was as fol- lows: Commissioner Eggers - Aye Commissioner Wassman - Nay Commissioner Mullick - Aye Commissioner Topping - Nay The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. Edward J. Spellman has sub- mitted an application for a building per- mit to the Building Inspector for the con- struction of a one family dwelling on a separate lot having less than the required area together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with /c ? / the Zoning Ordinance of the Town of Mamar- oneck with particular reference to Article IV Section 400.4 Subdivision of a Lot and Article IV Section 410 Schedule of Resi- dence District Regulations for an R-20 Residential District of the Zoning Ordi- nance which requires a minimum lot area of 20,000 square feet on the premises lo- cated at 1034 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 346 part of Parcel 244; and WHEREAS, Mr. Edward Spellman 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. When the premises were pur- chased the applicant was given to understand that the adjoin- ing parcel was a buildable lot. 2. Mr. Spellman will have a vacant lot that cannot be sold because it is not a buildable lot. 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 denied the ap- plication on the following grounds: 1. That there were no special circumstances or conditions ap- plying to the land for which the variance is sought, which circumstances or conditions are peculuar to such land and which do not apply generally to land in the district. 2. 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. 3. That the granting of the variance would not be in harmony ( 077 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 9:25 P.M. 4, ita A. Johnson, ecretary i K 76 7%