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HomeMy WebLinkAbout1963_07_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JULY 24, 1963 , 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: Laurence J. Sobel, Chairman Richard Eggers Robert White Sidney Bierman ABSENT: None ALSO PRESENT: William Paonessa, Building Inspector MINUTES The minutes of the meeting of June 26, 1963 were approved as presented. COMMUNICATIONS Mr. Sobel read a letter, dated July 24, 1963 , which he had sent to the Town Board expressing his thanks to the Board for its appointment and the privilege to be of service, as well as thanks to the secretary, town attorney, town engineer, building inspector and the members of the Zoning Board. This letter was received and filed for the record. 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 17, 1963 . The Chairman requested the secretary to read the first application. APPLICATION NO. 1 - CASE 162 Application of Alice E. Kohlman for modification of Article IV, Section 410, Schedule of Permitted Accessory Uses, in a residence district, so as to allow the installation of a 60 foot high amateur radio tower in a R-20 Residence District, on the premises located at No. 9 Hidden Green Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 209, Par- cel 421. This application is based on the ground of practical difficulty and/or unnecessary hardship. The Chairman asked if any person present wished to address the Board in favor of or in opposition to this application and the following persons were heard: FOR APPELANT: Robert A. Freeman, Esquire 271 North Avenue New Rochelle, New York Lawrence Kohlman 9 Hidden Green Lane Larchmont, New York Carl Gallo, President of Gallo Electronics 62 Cortland Avenue New Rochelle, New York 462 COMMUNICATION: Letter from Caesar L. Pitassy, dated July 18, 1963. IN OPPOSITION: None COMMUNICATION: None Mr. Freeman, representing Mrs. Kohlman, appeared and explained the reasons for his client not constructing a tower on the house itself, was as follows: 1 - Reinforcement of the roof itself would be necessary to support the tower. 2 - Approximately one dozen guy wires to the tower, at different points on the roof, would be required. 3 - The tower might, under certain conditions, act as a conductor of electricity. 4 - Appearance of tower, with the guy wires, would be unsightly. Mr. Sobel asked if the tower would rise above the trees in the area. Mr. Freeman stated the average height of the trees ranged from 50 feet to 100 feet. Mr. Bierman asked why an additional ten feet on the tower was required. Mr. Gallo stated the extra footage would increase the efficiency of operat- ing the radio by 307. Mr. Bierman asked if this improved reception, etc. how would this affect the neighbor's radio and television reception. Mr. Gallo said no interference would be caused. Mr. Bierman asked if Mr. Gallo would stand behind his statements that there would be no interference with others' reception and the tower, when fully extended, would not be higher than trees on property. Mr. Gallo agreed to these statements. Following some discussion, Mr. Sobel stated he would like to vote on the application and that the Board,in voting, would rely on Mr. Gallo's state- ments. A vote being taken resulted as follows: Commissioner Sobel Aye Couwiissioner White Aye Commissioner Eggers Aye Commissioner Bierman Aye The following resolution was thereupon adopted: WHEREAS, Alice E. Kohlman has submitted an application to allow the installa- tion of a 60 foot high amateur radio tower in an R-20 Residence District, to the Building Inspector 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 Article IV, Section 410 463 and Section 422.1, which deals with permitted accessory uses in a Residence District and height exceptions, etc. ; and WHEREAS, Mrs. Kohlman 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. Reinforcement of the roof itself would be necessary to support the tower. 2. Approximately one dozen guy wires to the tower, at different points on the roof, would be required. 3 . The tower might, under certain conditions, act as a conductor of electricity. 4. Appearance of tower, with the guy wires, would be unsightly. 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 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 appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 1. Reinforcement of the roof itself would be necessary to support the tower. 2. Approximately one dozen guy wires to the tower, at different points on the roof, would be required. 3. The tower might, under certain conditions, act as a conductor of electricity. 4. Appearance of tower, with the guy wires, would be unsightly. which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Sec- tion 410 and Section 422.1 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 var- iance 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 464 that Article IV, Section 410 and Section 422.1 be varied and modified so as to allow the construction of an accessory structure, namely a 60 foot amateur radio tower in an R-20 Residence District on the premises located at No. 9 Hidden Green Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 209 - Parcel 421, in strict conformance with the plans filed with this application, and amended, provided that the appli- cant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck and subject to the following conditions: 1. There will be no interference with neighbors reception on televisions or radios. 2. When tower fully extended, it will not be higher than existing trees on the premises. 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. The secretary then read the second application. APPLICATION NO. 2 - CASE 163 Application of Robert Flinn for modification of Article IV, Section 410, Schedule of Regulations for non-residential districts, so as to permit the construction of a business building in a "B" - business district, which limits the maximum height in stories for business buidings to two stories, on premises located on the east side of the Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 411, Part of Parcel 232, on the ground of practical difficulty and/or unneces- sary hardship. The Chairman asked if any person present wished to address the Board in favor of or in opposition to this application and the following persons were heard: FOR APPELANT: Alfred Willis, Architect 132 Larchmont Avenue Larchmont, New York Robert Flinn 18 Boston Post Road Larchmont, New York IN OPPOSITION: None Mr. Willis, representing Mr. Flinn, explained that the variance was needed because buildings in the "B" - business zone are limited to two stories, and the proposed structure would also contain a basement, which the appli- cant wants to use for offices, in addition to the two stories. Mr. Sobel asked if proposed building would be higher than existing structures in the neighborhood. Mr. Willis replied no and explained that in the rear of the building, ground 465 level would be at the basement window sill, while at the front it would be at the first story. Overall height of the proposed building would not ex- ceed that of a neighboring two story building used by an automotive parts dealer. Mr. Sobel asked if there were plans for signs or lights on the building itself. Mr. Willis replied no - nothing like that. Mr. Sobel asked about parking in front of building, etc. Mr. Willis replied no parking is contemplated in the front of the building - this would be landscaped. Parking of 61 cars would be provided for in the rear and at the sides. Mr. Bierman asked whether or not the proposed parking area along the easterly sideline would be provided with a bumper or a curb so that no one using the parking area could gain access to adjacent properties. Mr. Flinn said there would be a row of trees and a curb separating the two parcels. After further discussion, Mr. Sobel, at the suggestion of Mr. Bierman, asked Mr. Willis to amend the plot plan to show bumpers at the side lines, to pre- vent traffic moving directly from one parcel to the other, and a row of trees to be planted on the boundary between the two parcels. Mr. Willis amended the plot plan as requested. After further discussion, the Chairman asked for a vote on the application. A vote being taken resulted as follows: Commissioner Sobel Aye Commissioner Bierman Aye Commissioner Eggers Aye Commissioner White Aye The following resolution was thereupon adopted: WHEREAS, Robert Flinn has submitted an application for a building permit to the Building Inspector for the construction of a two-story and basement, which is to be used for business purposes, 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 Article IV, Section 410 which limits the maxiumum height in stories for business buildings to two stories; and WHEREAS, Mr. Flinn has submitted to this board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reason: 1. Because of the extensive cost of the foundation, the basement area must be used for business purposes otherwise the building could not be built economically. 466 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 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 circumstance and/or condition is as follows: 1 - Because of the extensive cost of the foundation, the basement area must be used for business purposes other- wise the building could not be built economically. which said circumstance and/or condition is such that the particular application of the Ordinance with respect to Sec- tion 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 is 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 construction of a two-story building and basement, to be used for business purposes, in a "B" - business district, which limits the maxiumum height in stories for business buildings to two stories, on the premises located on the east side of the Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 411 - Part of Parcel 232, in strict conformance with the plans filed with this application, and amended, pro- vided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck and subject to the following conditions: 1. That bumpers be provided at the side lines to prevent traffic moving directly from one parcel to the other. 2. That a row of trees be planted on the boundary between the two parcels. 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 467 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 pro- vided 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. ..4c46'i I ;'L-r) Genevieve F. Soriano, Secretary 468