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HomeMy WebLinkAbout1960_06_29 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JUNE 29, 1960, IN THE COURT ROOM OF POLICE HEADQUARTERS AT 11 EDGE WOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:00 p. m. PRESENT: A. E. Wullschleger, Chairman Laurence Sobel Philip Corby ABSENT: George Schuler Sydney Bierman ALSO PRESENT: William Paonessa, Building and Plumbing Inspector John L. Delius, Town Attorney MINUTES The minutes of the adjourned meeting of May 2nd and of the regular meeting of May 25th, 1960, were approved as corrected. ANNOUNCEMENT Before opening the hearing, the Chairman announced that any person who desired could request that hearing on his application be postponed to the next meeting since appli- cations heard when only three members of the Boardwere present could be granted only upon unanimous vote. HEARINGS 155 The Chairman declared the hearing open and stated that the first application to be acted on would be that of the Howell Park Association and Peter G. Moore, which was adjourned from the meeting of March 23rd, 1960. Mr. Joseph S. Johnston and Mr. Robert B. White, attorneys, appeared before the Board in connection with this pending application for revocation of a building permit issued by the Building Inspector, and with the consent of all parties, requested that the mat- ter be adjourned to the next meeting as only three mem- bers of the Board were present this evening and one, Mr. Sobel, was a member of the Howell Park Associa- tion and therefore disqualified to vote on the said ap- plication. Whereupon, on motion by Mr. Wullschleger and seconded by Mr. Corby, the following resolution was adopted unan- imously RESOLVED that at the request of Joseph S. John- ston and Robert B. White, the hearing on the ap- plication of Howell Park Association and Peter G. Moore be adjourned with the consent of all parties to the next meeting of this Board, to be held on July 27th, 1960; and be it FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The chairman then requested the secretary to read the first appli- cation which, after presentation of the affidavit of publication of the notice of hearings in the official newspaper of the Town of Ma- maroneck, The Daily Times, on June 22nd, 1960, was read as follows: APPLICATION NO. 1 -- J. RENE SIMON Case # 69 Application of Mr. J. Rene Simon for modification of Article IV, Section 410, Schedule of Residence District Regulations, 156 of the Zoning Ordinance of the Town of Mamaroneck so as to permit the construction of a one family house hav- ing a front setback of 23 feet rather than the required 30 feet and a left side yard of 6 feet rather than the re- quired 10 feet, and modification of Article IV, Section 455. 2, Layout and Location of Off-street Parking Fa- cilities, so as to permit off-street parking between front of dwelling and front lot line on premises located at 85 Taylor Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 126, Parcel 459, on the ground of practical difficulty and/or unnec- essary hardship. The permit was denied not only for non-compliance with the Zoning Ordinance but because there is now no suitable access to the property as re- quired by Section 400.6 of the Zoning Ordinance. At the request of the Chairman and for the Board's information, the Building Inspector reviewed Mr . Simon's plans and applica- tion in detail, following which in response to the Chairman's in- quiry as to whether anyone present wished to address the Board either in favor of or in opposition to this application, the follow- ing persons were heard: In favor: Mr. Simon, applicant In opposition: None Mr. Simon explained to the Board that he had purchased this land believing that it would be possible for him to purchase 30 addi- tional feet of property owned by the Town and lying in the bed of the unused street known as Taylor Place which would have elim- inated the need for any variance. He further explained that upon finding the Town unable to sell this 30 feet of property, the mat- ter of locating the house on the property became entirely dif- ferent and the plans presented this evening showed the only prac- tical location for the dwelling due to the large amount of rock on the property and the particular topography of the land. The Town Attorney, Mr. Delius, then informed the Board that the Town, upon receipt of Mr. Simon's request to purchase the property to which he referred, upon investigation found legal com- plications which prevented the sale of this land. Following further lengthy discussion and upon Mr. Simon's ac- quiescence to the Board's requests to move the location of the 157 house two feet to the right so as to provide an 8-foot rather than a 6-foot side yard on the side adjacent to another resi- dence, and improve Taylor Place in accordance with the specifications of the Planning Board so as to provide suit- able access to the property prior to issuance of a certifi- cate of occupancy, on motion by Mr. Corby and seconded by Mr. Sobel, the following resolution was adopted unani- mous ly WHEREAS, J. Rene Simon has submitted to the Build- ing Inspector an application for a building permit for the construction of a one-family dwelling, together with plans for same; 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, "Schedule of Regulations", which requires a front setback of 30 feet and two side yards totaling 25 feet with a mimimum side yard of 10 feet, and Article IV, Section 455. 2, "Layout and Location of Off-street Parking Facilities", which requires that no unenclosed off-street parking facility shall be located within 25 feet of a front lot line or 5 feet of a side or rear lot line, and Article IV, Section 400.6, "Required Street Frontage", which requires that the mimimum street frontage must be as prescribed in Section 280a of the Town Law, except where a lesser frontage is approved by this Board; and WHEREAS, Mr. Simon has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the follow- ing reason: 1. The topography of the land and large amount of rock makes the plan submitted the only practical location for the house, any other requiring a great amount of blasting which would involve great expense as well as pos- sible damage to neighboring houses. and WHEREAS, this application came to be heard on June 29th, 1960; and 158 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 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 building for which a variance is sought, which circumstances and/or conditions are peculiar to such land and building, and do not apply generally to the land and/or buildings in the district, and which circumstances and conditions have not re- sulted 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. That the topography of the land and large amount of rock makes the plan submitted the only practical location for the house, any other requiring a great amount of blasting which would involve great ex- pense as well as possible damage to neighboring houses. which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Sections 410, 455. 2 and 400. 6 would de- prive the applicant of the reasonable use of such land and/or building, and that for these reasons the grant- ing 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 other- wise detrimental to the public welfare; and it is FURTHER RESOLVED that Article IV, Section 410, "Schedule of Regulations", Section 455. 2, "Layout and Lo- 1.5 cation of Off-street Parking Facilities", and Section 400.6, "Required Street Frontage", of the Zoning Or- dinance of the Town of Mamaroneck be varied and mod- ified so as to permit the construction of a one-family dwelling on premises located at 85 Taylor Place and known as Block 126, Parcel 459 on the Tax Assessment Map of the Town of Mamaroneck, said dwelling having a front setback of 23 feet, a left side yard of 8 feet, and an off-street parking facility with less than 25 feet, to wit, 23 feet between the front of the proposed dwelling and the front lot line and to be constructed in strict ac- cordance with the plans filed with this application, pro- vided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED that this Board finds hereby that the street known as Taylor Place affords suitable access to the premises owned by the applicant and that a build- ing permit may be issued for the construction of the house in accordance with the plans as approved by this resolution provided however that no certificate of occu- pancy shall be issued until said street has been suitably improved in accordance with the specifications set forth in the Town of Mamaroneck Planning Board's re- quirements for street improvement. and it is 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 with- in three (3) months of the filing of this resolution with the Town Clerk. A building permit shall be void if construc- tion is not started within a period of six (6) months or completed within a period of two (2) years of the date of said permit. and it is FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. 160 At the Chairman's request, the secretary then read the second application as follows: APPLICATION NO. 2 -- EDWARD J. EGAN Case # 70 Application of Edward J. Egan, agent for Edgar Adsit, for modification of Article IV, Section 410, Schedule of Residence District Regulations, and Article IV, Sec- tion 400.4, Subdivision of a Lot, so as to permit the construction of a one family dwelling on a lot which by subdivision of the existing lot into two parcels results in a building lot with a frontage of 25 feet on Homer Avenue rather than the required 85 feet, on premises known as Block 121, part of Parcel 426, which is sub- divided, on the ground of practical difficulty and/or unnecessary hardship. Mr. Egan, agent for the applicant, addressed the Board request- ing that the hearing on this application be adjourned to the next meeting in accordance with the Chairman's announcement at the opening of this meeting. Whereupon, on motion by Mr. Sobel and seconded by Mr. Corby, the following resolution was adopted unanimously RESOLVED that the hearing on the application of Ed- ward J. Egan, agent for Edgar Adsit, be and it here- by is adjourned to the next regular meeting of this Board, to be held on July 27th, 1960; and be it FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman then requested the secretary to read the third ap- plication, to wit: APPLICATION NO. 3 -- WINGED FOOT GOLF CLUB Case # 71 Application of Winged Foot Golf Club for modification of Article IV, Section 410, Schedule of Permitted Uses in Residence District, and Section 440. 3, Extension of 161 Non-conforming Use, so as to allow a 23 foot - 3 inch x 30 foot - 2 inch addition to the existing "Pro Shop" in an R-30 district, on premises located on the east side of Fenimore Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 347, Parcel 1 on the ground of practical difficulty and/or unnecessary hardship. Following the Building Inspector's review of the plans submitted with this application for the Board's information, the following persons were heard in response to the Chairman's inquiry as to whether anyone present wished to address the Board either in LT. favor of or in opposition to this application: Q In favor: James W. Sarfaty, Architect In Opposition: No one Mr. Sarfaty, architect for the applicant, presented the plans for the proposed addition, stating that it was needed because of the inadequate space the present Pro Shop afforded for storage of members' golf bags and for proper display of merchandise since the present lack of space worked a harship on the Shop. Mr. Corby asked how close the proposed addition would be to the nearest property. Mr. Sarfaty replied that there was 800 feetbe- tween the proposed addition and the property line. Chairman Wullschleger stated that he was a member of the Club and inquired whether there was any objection to his voting on this application in view of this. Since there was no objection to his voting, and since there was no objection voiced to the granting of this request, on motion by Mr. Corby and seconded by Mr. So- bel, the following resolution was adopted unanimously: WHEREAS, Winged Foot Golf Club has submitted to the Building Inspector an application for a building permit for the construction of a 23'3" x 30'2" addition to the existing Pro Shop, together with plans for same; 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 Ma- maroneck with particular reference to Article IV, Sec- tions 410 and 440. 3 of the said Ordinance, which provide 162 for height and use of buildings, side yards, rear yards, etc. and the extension of a non-conforming use; and WHEREAS, Winged Foot Golf Club 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. Inadequate space for the storage of golf bags, 2. Inadequate space for the display of merchan- dise offered for sale in the Pro Shop. and WHEREAS, this application came to be heard on June 29th, 1960; and WHEREAS, this Board has examined the plans and al- so has viewed the property and has heard all persons interested in this application after publication of no- tice thereof, NOW, THEREFORE, BE IT RESOLVED that this Board finds the following: (a) That there are special circumstances and condi- tions applying to the land and building for which a variance is sought, which circumstances and/ or conditions are peculiar to such land and building, and do not apply generally to the land and/or buildings in the district, and which cir- cumstances 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 condi- tions are as follows: 1. That the present Pro Shop does not afford adequate space for the storage of mem- bers golf bags. 2. That the present space does not permit proper display of merchandise. 163 which said circumstances and/or conditions are such that the particular application of the Ordi- nance with respect to Sections 410 and 440. 3 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 har- mony 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 Article IV, Section 410, "Sche- dule of Regulations", and Section 440. 3, "Extension of a Non-conforming Use", of the Zoning Ordinance of the Town of Mamaroneck, be varied and modified so as to permit the construction of a 23113" x 3012" addition to the existing Pro Shop of the Winged Foot Golf Club on premises located on the east side of Fenimore Road and known as Block 347, Parcel 1 on the Tax Assessment Map of the Town of Ma- maroneck in strict accordance with the plans filed with this application, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is 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 (3) months of the filing of this resolution with the Town Clerk. A building permit shall be void if construction is not started within a period of six (61 months or completed within a period of two (2) years of the date of said permit; and it is FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. 164 The Chairman then directed the secretary to read the fourth ap- plication as follows: APPLICATION NO. 4 -- MRS. CHARLES KELLEY Case # 73 Application of Mrs. Charles Kelley for permission to erect 32 lineal feet of solid fence 6 feet in height and 8 lineal feet of solid fence 5 feet high along the wes- terly lot line on premises located at 47 Stoneyside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211, Parcel 55 in ac- cordance with Article IV, Section 421.4 of the Zoning Ordinance of the Town of Mamaroneck. The Chairman inquired whether anyone present wished to address the Board either in favor of or in opposition to this application, whereupon the following persons were heard: In favor: Mr. Charles Kelley (for Mrs. Kelley) In opposition: No one Mr. Kelley presented a survey of his property and sketch of the proposed fence, explaining that this fence was requested in order to provide protection against the noise and activity of a neighbor- ing swimming pool, and stated that that neighbor, the owner of the pool, has consented to the installation of the requested fence with no objections thereto. Whereupon, on motion by Mr. Sobel, seconded by Mr. Corby, since there were no objections to the construction of the re- quested fence, the following resolution was adopted unanimously: WHEREAS, Mrs. Charles Kelley heretofore requested a permit for the erection of 32 lineal feet of solid fence 6 feet in height and 8 lineal feet of solid fence 5 feet in height along the westerly lot line of his property lo- cated at 47 Stoneyside Drive and known on the Tax As- sessment Map of the Town of Mamaroneck as Block 211, Parcel 55; and WHEREAS, the Building Inspector refused to grant such permit on the ground that construction or erection of such fence violated Article IV, Section 421.4 of the Zoning Ordinance of the Town of Mamaroneck; and 165 WHEREAS, Mrs. Kelley has appealed to this Board for modification of the Building Inspector's deci- sion pursuant to Article IV, Section 421.4 so as to allow erection of said fence; NOW, THEREFORE, BE IT RESOLVED that permission is granted to Mrs, Charles Kelley to erect 32 lineal feet of solid fence 6 feet in height and 8 lineal feet of solid fence 5 feet in height along the westerly lot line of property located at 47 Stoneyside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211, Parcel 55; and it is FURTHER RESOLVED that this resolution be filed with the Town Clerk as provided in Section 267 of the Town Law. The secretary, at the Chairman's request, then read the fifth application as follows: APPLICATION NO. 5 -- JEROME BISCEGLIA Case # 74 Application of Jerome Bisceglia for modification of Article IV, Section 410, Schedule of Residence Dis- trict Regulations so as to allow the construction of a one family dwelling having a setback of 20 feet from the front line rather than the required 30 foot setback in an R-10 district, on premises located at the northerly end of Roselea Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 506, Parcel 166 on the ground of practical difficulty and/or unnecessary hardship. The Chairman then inquired whether anyone present wished to ad- dress the Board either in favor of or in opposition to this appli- cation and the following persons were heard: In favor: Mr. Bisceglia, applicant In opposition: No one 166 Mr. Bisceglia submitted plans for the proposed dwelling and ex- plained to the Board that the particular topography of this land necessitated the location of the house on the knoll of the hill to afford protection from the tides. The Chairman remarked that this variance was requested then for the same reasons as one previously granted for his con- struction of a house in the same area, and since there were no objections and the Board had no questions, on his motion which was seconded by Mr. Sobel, the following resolution was unan- imously adopted: WHEREAS, Jerome Bisceglia has submitted to the Build- ing Inspector an application for a building permit for the construction of a one family dwelling, together with plans for same; 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 Ma- maroneck with particular reference to Article IV, Sec- tion 410 of the Ordinance, which provides for the use of land or buildings, height of buildings, yards and open spaces, side lines and set-backs, etc; and WHEREAS, Jerome Bisceglia 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. Particular topography of this property . 2, Soil condition unable to provide satisfactory bearings for house foundation. and WHEREAS, this application came to be heard on June 29th, 1960; and 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; NOW, THEREFORE, BE IT 167 RESOLVED that this Board finds the following: (a) That there are special circumstances and condi- tions applying to the land for which a variance is sought, which circumstances and/or conditions are peculiar to such land and do not apply generally to the land 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 condi- tions are as follows: 1. Particular topography of the property. 2. Soil condition unable to provide satis- factory bearings for house foundation. which said circumstances and/or conditions are such that the particular application of the Ordi- nance with respect to Section 410 would deprive the applicant of the reasonable use of such land and that for these reasons, the granting of the variance is necessary for the reasonable use of the land that the variance as granted by the Board is the minimum adjustment that will ac- complish 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 so that he may build a one- family house having a front set back of 20 feet in- stead of the required 30 foot setback. and it is FURTHER RESOLVED that in accordance with the Rules and Re gulations of the Zoning Board where a variance is granted, the applicant shall obtain a building permit within three (3) months of the filing 168 of this resolution with the Town Clerk. A building permit shall be void if construction is not started within a period of six (6) months, or completed within a period of two (2) years of the date of said permit. and it is 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 declared adjourned at 8:45 p.m. , to reconvene on July 27th, 1960. Lavenia Brewer Acting Secretary 169 TOWN OF MAMARONECK Mamaroneck, N. Y. To: Applicants of Zoning Board Date: June 14, 1960 From: R. Dammann, Secretary Subject: Meeting Date This is to advise you that due to the fact that Mr. `.' ullschleger, Chairman, and Mr. Schuler, Acting Chairman, will be unable to attend the meeting of the 7oning Board on June 22, 1960 the date of the next meeting og the Zoning Board Hill be June 29, 1-960 at 8:00 p. m. in the Court Room of the Mamaroneck Town Police Station. d. 1