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HomeMy WebLinkAbout1966_03_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD MARCH 23, 1966, 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. E. Robert Wassman Mr. Henry Mullick Mr. Price H. Topping Absent: Mr. Richard Eggers Also Present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meetings of December 1, 1965 and January 26, 1966 were presented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Sec- retary presented for the record the affidavit of publication of the notice of the hearing. The Chairman requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 234 Application of Charles Revson for modification of Article IV, Section 424.1 of the Zoning Ordinance of the Town of Mamaroneck, Dwellings in House Trail- ers, so as to allow temporary living quarters to be maintained in a house trailer parked in an R-30 Res- idential District, on the premises located at Premi- um Point Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 509, Parcel 86, on the grounds of practical difficulty and/or unneces- sary hardship. The following persons were heard: In favor: Mr. Elliot Saltzman, Architect 41 West 56th Street New York, New York 10019 Mr. Irving Botwin, Executive Assist- ant to Mr. Charles Revson 666 Fifth Avenue New York, New York In opposition: None Communications: Mr. William Black rb✓ 425 Lexington Avenue New York, New York 10017 Mr. Morton S. Wolf 100 East 42nd Street New York, New York 10017 Mr. Alfred E. Perlman 230 Park Avenue New York, New York 10017 Mr. John Irwin Dugan 165 Broadway New York, New York 10006 Mr. Revson was represented by Mr. Elliot Saltzman, the architect who stated that he has been working on the plans for the addition and alteration to the house on these premises. Mr. Saltzman stated that the reason it has taken so long to finalize the plans and start construction is because up to the present time he has not been able to come up with a plan which met with Mr. Revson's approval. Mr. Bierman pointed out that the word "temporary" has significance and that Mr. Revson was in viola- tion of the Zoning Ordinance by not removing the "temporary" trailer on October 31, 1965, the date of the expiration of the prior variance. Mr. Botwin, Executive Assistant to Mr. Charles Revson, pointed out that the house is used only on week-ends during the winter months by the children; that the three oldest children by Mrs. Revson's previous mar- riage occupy the trailer; and that the main house is occupied by Mr. and Mrs. Revson, Sr. , Mr. and Mrs. Revson, Jr. , the children's governess and three ser- vants. Letters were received and filed for the record ap- proving the further use of the trailer on a tempo- rary basis from Mr. Black, Mr. Wolf, Mr. Perlman and Mr. Dugan who are neighbors of the Revsons. Mr. Saltzman presented the latest plan, which had been approved by Mr. Revson on this date, for the file. After further discussion, the Board advised the ap- plicant that, should the Board decide to extend the expired variance, it would be for four months to July 31, 1966, on condition that final plans with an application for a building permit must be filed by June 30, 1966; and that if said plans and appli- cation were not filed the variance would expire on July 31, 1966. Mr. Botwin and Mr. Saltzman agreed to this condition and assured the members of the Board that the plans and application would be filed by June 30, 1966 and that they would appear at the June 22, 1966, meeting to apply for a further extension. A vote was taken on the application and the result was: Commissioner Bierman - Aye Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Topping - Aye The application was therefore conditionally granted and the following resolution duly adopted: WHEREAS, Charles Revson has submitted an application for a building permit to the Building Inspector so as to allow temp- orary living quarters to be maintained in a house trailer located at Premium Point Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 509, Parcel 86, 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 Section 424.1 of said Ordinance, which provides for dwell- ings in house trailers and accessory build- ings, etc. , and WHEREAS, Charles Revson has submitted to this Board an application for the exten- sion of an expired variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. To allow for temporary expan- sion of living areas of house to accommodate increased family size, and to provide temporary living areas while the main building is undergoing additions and altera- tions, the expansion being required because the owner has recently remarried, and the family has doubled in size to six children of various ages requiring addi- tional bedroom space immediately. WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons interested in this ap- plication after publication of a notice thereof, NOW, THEREFORE BE IT RESOLVED, that this Board finds the follow- ing: (a) That there are special cir- cumstances and conditions apply- ing to the land and/or building for which a variance is sought, which circumstances and/or con- ditions are peculiar to such land and/or building and do not apply generally to the land and/or buildings in the distr- ict, and which circumstances and conditions have not result- ed from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: (1) Temporary expan- sion is required by the applicant to accom- modate increased fam- ily size and to pro- vide temporary living areas while the main building is undergoing additions and alter- ations, being required because the applicant's family had doubled in size, due to applicant's remarriage, to six chil- dren of various ages who needed additional bed- room space immediately. (2) That said circum- stances and/or condi- tions are such that the particular appli- cation of the Ordinance with respect to Section 424.1 would deprive the applicant of the reason- able use of such land and/or building and that for these reasons the granting of this conditional variance is necessary or desir- (*o • able for the reasonable ('"`^ use of the land/ or build- '....,-, ing and that the condi- tional variance as granted by the Board is the min- imum adjustment that will accomplish this purpose. (c) That the granting of this con- ditional variance will be in har- mony with the general purposes and intent of this Ordinance and will not be injurious to the neighbor- hood or ,otherwise detrimental to the public welfare; and it is FURTHER RESOLVED, that a conditional var- iance is hereby granted to the applicant until July 31, 1966, and that Article IV, Section 424.1 be varied and modified so as to allow temporary living quarters to be maintained in a house trailer, 17-feet by 55-feet, on the premises located at Premium Point Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 509, Parcel 86, in strict con- formance with the plans filed with appli- cation and amended, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck and sub- ject to the following conditions: 1. That final building alter- ation plans with an application for a building permit be filed by June 30, 1966. 2. That this variance shall automatically expire on July 31, 1966 and the trailer shall be removed from the property forth- with on said date; and 3. In the event said plans and applications are not filed by June 30, 1966, this variance shall automatically expire forth- with upon June 30, 1966 and the trailer shall thereupon be re- moved on said date of June 30, 1966. CFURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ') 4( The Chairman requested the Secretary to read the second application. APPLICATION NO. 2 - CASE 235 Application of John Miele for modification of Article IV, Section 410, Schedule of Residence District Reg- ulations for an R-30 Residential District of the Zoning Ordinance so as to allow the construction of a one fam- ily dwelling on a lot having a rear yard of 30 feet instead of the required 50 feet on the premises lo- cated at 50 Country Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 315, Par- cel 482 on the grounds of practical difficulty and/ or unnecessary hardship. The following persons were heard: In favor: Mr. Anthony Signorielli, Architect 7 Edgemere Street Pelham, New York Mr. John Miele 31 Country Road Mamaroneck, New York Mr. Joseph Glasser 17 North Chatsworth Avenue Larchmont, New York Mr. Ralph Baumann 5 Glen Lane Mamaroneck, New York Mrs. Lucille Davis 3 Glen Lane Mamaroneck, New York In opposition: None Communications: None Mr. Anthony Signorielli, who is an architect, appeared before the Board with the plans he had filed for a house including an enclosed swimming pool to be built for Mr. Miele and his family. Mr. Glasser, Mr. Baumann and Mrs. Davis who are owners of the adjoining properties stated they felt Mr. Miele's home as proposed would be an asset to the neighborhood. It was noted by the Chairman that members of the Board had inspected the property and, after some discussion as to the topographical difficulty of this parcel such as existence of the brook running through the center, rock formation and the steep ledge, the Board took a short recess. 7 V Following further discussion, Mr. Bierman informed the applicants that the Board felt that despite top- ographical conditions, a satisfactory house could be constructed on the lot in conformity with the Ordi- nance, Mr. Bierman suggested that Mr. Signorielli and Mr. Miele might confer with the Building Inspec- tor who would be pleased to guide them with respect to full compliance with the Zoning Ordinance. A vote was taken on the application and the result was: Commissioner Bierman - Naye Commissioner Wassman - Naye Commissioner Mullick - Naye Commissioner Topping - Naye The application was therefore denied and the follow- ing resolution adopted: WHEREAS, John Miele, has submitted an applic- ation to the Building Inspector for the con- struction of a one family 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 the Zoning Ordinance of the Town of Mamaroneck, with particular reference to Article IV, Section 410, Schedule of Residence District Regulations for an R-30 Residential Dis- trict of the Zoning Ordinance, which pro- vides for a rear yard of 50 feet, on the premises located at 50 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315, Parcel 482; and WHEREAS, John Miele has submitted to this Board an application on the ground of prac- tical difficulty and /or unnecessary hard- ship for the following reason: To allow the construction of a one family dwelling on a lot having a rear yard of 30 feet instead of the required 50 feet. WHEREAS, this Board has examined the plans and also viewed the property 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 appli- 1 cation on the following grounds: 1. That there are no special circumstances or conditions applying to the land for which the variance is sought which circumstances or conditions are peculiar 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 and that the granting of the variance is not necess- ary for the reasonable use of the land. 3. That the granting of the variance would not be in har- mony with the general purposes ° and intent of this Ordinance and would be injurious to the neighborhood and detrimental to the public welfare. OFURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section)167 of the Town Law. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:25 p.m. Rita A. Johnson,' Secretary