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HomeMy WebLinkAbout1965_07_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JULY 28, 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 8:05 p.m. ROLL CALL Present: Mr. Sydney D. Bierman, Chairman Mr. Henry E. Mullick Mr. Price H. Topping Mr. E. Robert Wassman Absent: Mr. Richard Eggers Also Present: Mr. William Paonessa, Building Inspector Mr. James J. Johnston, Towh, Attorney APPROVAL OF MINUTES The minutes of the meeting of June 23, 1965, were presented, and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the secretary presented for the record the affidavit of publication of the Notice of the Hearing. The Chairman then requested the secretary to read the first application. APPLICATION NO. I - Case 219 Application of Dr. A. F. Posteraro for modification of Article IV, Section 410, Schedule of Residence District Regulations in an R-75 Residential District of the- Zoning Ordinance so as to allow the construc- tion of a second story addition over the existing residential garage, having a minimum side yard of 8' instead of the required 10' on the premises located at 679 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113, Parcel 182 on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard: In favor: Dr. A. F. Posteraro 679 Forest Avenue Larchmont, New York 677 Mt. J. Rene Simon, Designer 85 Taylor Place Larchmont, New York In opposition: None Communications: Mr. Hans Lowey 677 Forest Avenue Larchmont, New York Mr. Leone P. Jehle 270 Park Avenue New York, New York Mr. Jay Opper 275 Murray Avenue Larchmont, New York Mr. Simon submitted the 2 sets of plans which were in the file. After reviewing these, Mr. Bierman asked whether both sets were identical, since they had different draftsmen. Mr. Simon assured Mr. Bierman they were identical. Mr. Bierman noted for the record that the garage on which the proposed second story is to be erected was built pursuant to a variance granted by this Board to Dr. Posteraro on November 6, 1963, which was confined to the construction of a garage with a side yard of 8' rather than the required 10' . Mr. Bierman then asked if the variance granted had been conditioned upon a reposition of the garage from the position originally requested and, if so, whether the said garage had been con- structed in accordance therewith. Mr. Simon and Dr. Posteraro replied affirmatively and that, even so, it had developed that this garage could not be used for 2 cars as intended. Mr. Simon explained that the applicant needed this addition due to the fact that the existing 3 bedrooms are small and inadequate for the size and needs of a family of five adults. He further stated that one bedroom has no closet and is actually a passage- way to the attic. He finally stated that building the exterior wall of the proposed upper floor flush with lower floor wall, in- stead of setting it back the required distance was preferable from an aesthetic point of view. At this time, the Chairman read the communications noted here- inabove supporting the application, which were ordered received and filed for the record. Mr. Bierman asked the applicant how his neighbor, Dr. Kaplan, felt in regard to this variance and was assured by Dr. Posteraro that Dr. Kaplan had no objections although he was unable to appear at this meeting. 678 Mr. Bierman then announced that the Board would reserve decision on this application until the next application had been heard, and would then vote on the two cases at the same time. Following a recess, taken after hearing Case 220, a vote was taken on this application which resulted as follows: Commissioner Bierman - Naye Commissioner Mullick - Naye Commissioner Topping - Naye Commissioner Wassman - Naye The application was therefore denied and the following resolution duly adopted: WHEREAS, Dr. A. F. Posteraro has submitted an appli- cation for a building permit to the Building Inspector for the construction of a second story addition over the existing residential garage 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 Article IV, Section 410, Sched- ule of Residence District Regulations in an R-7.5 District; and f" WHEREAS, Dr. A. F. Posteraro 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. That the existing 3 bedrooms are small and inadequate for the size and needs of the 5 adults in the family. 2. That the one bedroom (92 x 10) has no closet and is a passageway to the attic. 3. That the secolid bedroom (11 i x 141) lacks sufficient space for storage of clothing and for study for 2 adults. 4. That the house has been examined and no other area was found which could be made into another bedroom. ' ;. ' 'WHEREAS, this Board has examined the plans and also viewed the property and has heard all persons inter- ested in this application after publication of a notice thereof, obk NOW, THEREFORE, BE IT RESOLVED, that this Board denies the application upon the following grounds: 679 1. That there are no special circumstances or conditions applying to the land for which the variance is sought which circumstances or condi- tions 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 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. 3. That the granting of the variance would not be in harmony with the general purposes and ins- tent 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 accordance with Section 267 of the Town Law. The secretary then read the next application. APPLICATION NO. 2 - Case 220 Application of Edward A. Lashins for modification of Article IV, Section 410, Schedule of Residence District Regulations for an R-20 Residential District of the Zoning Ordinance, so as to allow the construction of a screened porch at the rear of the dwelling, having a rear yard of 20 ft. instead of the required 40 ft. , on the premises located at 5 Bruce Road, Mamaroneck and known on the Tax Assessment Map of the Town of Mamaroneck as Block 346, Parcel 300 on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard: In favor: Mr. Robert Tiburzi, Contractor 65 Old Mamaroneck Road White Plains, New York In opposition: None Communications: None Mr. Tiburzi stated that due to the irregular shape of the land and the design and room location which presentay_ exists, con- structing the porch behind the garage appears to be the only logical location that is both functional and non-affecting to the overall architectural design. He further stated that it would also create a covered passage from the garage to the house. At this time, Mr. Bierman announced a 10 minute recess. 680 ® Following the recess, a vote was taken on this application which resulted as follows: Commissioner Bierman - Naye Commissioner Mullick - Naye Commissioner Topping - Naye Commissioner Wassman = Naye The application was therefore denied and the following reso- 1- lution duly adopted: WHEREAS, Edward A. Lashins has submitted an appli- cation for a building permit to the Building In- spector for the construction of a screened porch at the rear of the 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 Article IV, Section 410, Schedule of Residence District Regulations for an R-20 district; and WHEREAS, Edward A. Lashins has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1. That due to the irregular shape of the land, the design and room location which presently exists, constructing the porch behind the garage appears to be the only logical location that is both functional and does not affect the overall architectural design. 2. That this will also create a covered pass- age from the garage to the house. WHEREAS, this Board has examined the plans and also viewed the property and has heard all persons interest- ed in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board denies 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 4:2 or conditions are peculiar to such land and which do not apply generally to land in the' district. 681 2. That the facts and circumstances 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. 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 accordance with Section 267 of the Town Law. The secretary then read the next application. APPLICATION NO. 3 - Case 221 Application of Ferndale Center, Inc. for modification of Article IV, Section 410, Schedule of Regulations for Non-Residential Districts and Article IV, Section 455.1 "Layout and Location of Off-Street Parking Facilities" so as to allow the construction of an addition of 6942 square feet to the rear of the existing building which will increase the total build- ing coverage 2.5% above the maximum allowable 25% with necessary+'/off-street parking facilities located on a lot within 500' from the structure on the premises lo- cated at 1310 Boston Post Road, Larchmont, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410, Parcels 321 and 463, on the grounds of pract- ical difficulty and/or unnecessary hardship. The following persons were heard: In favor: Mr. Geroge Forbes, Jr. Attorney 199 Main Street White Plains, New York Mr. Frank Palmison, Attorney 356 Manvil Road Pleasantville, N.Y. Mr. Salvatore Pepe 4 Eordal Road Bronxvilie, N.Y. In opposition: Mr. Fred Moll 43 Weaver Street Larchmont, N.Y. 682 skwe Communications: None After a lengthy hearing, minutes of which were taken_ by a stenographic service, Mr. Pepe announced that he wished to withdraw this application for the construction of an addition of 6942 sq. ft. to the rear of the existing build- ing. The Board thereupon granted his motion to withdraw and the application was accordingly deemed withdrawn for all pur- poses. Therefore, the record on this application, which was taken by Mr. Philip Picker, Court Stenographer, will not be attached hereto.A§ arranged at the opening of the hearing on the appli- cation, the cost of the stenographic services is to be borne equally by the Board and the applicant. ADJOURNMENT There being no further business to come before this meeting, it was adjourned at 11:05 p.m. /6).(1 a, itic,t26&e., Barbara Panseri, Acting Secretary ,,., 683