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HomeMy WebLinkAbout1963_06_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JUNE 26, 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 I. Land Richard Eggers Robert White ABSENT: Sidney Bierman ALSO PRESENT: William Paonessa, Building Inspector MINUTES The minutes of the meeting of May 22, 1963 were approved as corrected. Mr. White made the motion that a letter to Ruth Dammon be written commending her for her many years of fine service to the Board and their regrets in accepting her resignation. This was seconded by Mr. Land and the Board unanimously passed. 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 June 13, 1963 . The Chairman requested the secretary to read the application. APPLICATION NO. 1 - CASE 161 Application of Arnold Zelvin for modification of Article IV, Section 410 of the Zoning Ordinance of the Town of Mamaroneck so as to permit an 8-foot by 20-foot extension to the existing garage in an R-7.5 Residence District, having a 20-foot set back from Valley Road rather than the required 30 feet on the premises located at 188 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 - Par- cel 445 on the grounds 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: Arnold Zelvin 188 Rockingstone Avenue Larchmont, New York Joseph Zelvin 188 Rockingstone Avenue Larchmont, New York 456 COMMUNICATIONS: Memorandum from Police Chief Yerick dated June 7, 1963. Petition of endorsements signed by fifteen neighbors dated June 17, 1963. Telephone call from Edwin P. Helwig, One Seton Road, Larchmont, New York. IN OPPOSITION: None COMMUNICATIONS: None Mr. Sobel asked if this case was before the board previously. Mr. Joseph Zelvin said no not in the same form. Mr. Sobel asked for preceding background and why this original application had been turned down. Mr. William Paonessa submitted original drawing which had been denied. This showed a proposed location for an off the street parking area. Mr. Joseph Zelvin stated original application objected to by neighbors due to unsightly conditions that might have been presented. Mr. White asked how much this new improvement would cost. Mr. Arnold Zelvin said approximately $1,000.00. Mr. Joseph Zelvin showed the Board a sketch of proposed exten- tion.,to garage. Mr. White questioned whether the catch basin would be in the way of the new driveway. Mr. Paonessa said if it interfered a different type grate could be installed. Mr. Joseph Zelvin explained safety features of changes as compared to present conditions which are: 1. Family has two cars, of which one must be left out on an extremely steep driveway. 2. Getting in and out of car on driveway a hazard to driver. 3. Visibility from present driveway severely limited and driver must back down into traffic. Mr. Sobel asked if this new change would constitute a blind drive.. way. Mr. Joseph Zelvin said no. Mr. Sobel stated he would like to vote on this but wanted to make sure of the following: 1. This would not be a blind driveway. 2. That present driveway would be closed in by extending 457 present retaining walls across driveway with fill material and seeding for lawn. 3 . That present garage door be closed off. Mr. Joseph Zelvin agreed to these conditions. The Chairman asked for a vote on the application. A vote being taken, resulted as follows: Coiimnissioner Land Aye Commissioner Eggers Aye Commissioner Sobel Aye Commissioner White Aye The following resolution was thereupon adopted: WHEREAS, Arnold Zelvin has submitted an application for a building permit to the Building Inspector for the addition to existing garage together with plans; and WHEREAS, the Building Inspector has refused to issue such per- mit on the ground that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particu- lar reference to Article IV, Section 410 which deals with set backs, depth of lots, etc. ; and WHEREAS, Mr. Zelvin 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. Family has two cars, of which one must be left out on an extremely steep driveway. 2. Getting in and out of car on driveway constitutes a safety hazard to driver. 3. Visibility from present driveway is severely limited and driver must back down into traffic. New driveway, if permitted, would be perfectly level, and excellent visi- bility, allowing to leave driveway in a forward position. Most important is that driveway is usable during the winter weather, shovelled or not, resulting in two cars being able to be stored instead of being left on the street after each snowstorm; and 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 458 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 41) Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 4 < 1. Family has two cars, of which one must be left out on an extremely steep driveway. 2. Getting in and out of car on driveway constitutes a safety hazard to driveway. `to 3 . Visibility from present driveway is severely limited and driver must back down into traffic. which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Sec- tion 410 would deprive the applicant of the reasonable use a. 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 appli= cant and that Article IV, Section 410 be varied and modified so as to permit an 8-foot by 20-foot extension to the existing garage in an R-7.5 Residence District, having a 20-foot set back from Valley Road rather than the required 30-feet on the premises located at 188 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 - Parcel 445 provided 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 the present driveway is to be closed off by ex- tending retaining wall across driveway and filling in existing driveway. 2. The present door on the garage to be closed off. 3. That the new driveway approved shall not be a hazard to safety such as a blind driveway or blinded by shrubs. 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. 459 ADJOURNMENT There being no further business to come before this meeting it was adjourned at 8:30 p.m. Genevieve F. Soriano, Secretary O C 460