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HomeMy WebLinkAbout1963_05_22 Zoning Board of Appeals Minutes (1"11.1"/".°- MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD MAY 22, 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 Sydney Bierman Richard I. Land Richard Eggers Robert White ij- ALSO PRESENT: William Paonessa, Building Inspector COMMUNICATIONS Mr. Sobel read the following letter for the record: May 15, 1963 Mr. George Burchell, Supervisor Town of Mamaroneck W. Boston Post Road Mamaroneck, New York Dear George: Had I known a year or so ago, that, as of this July, we would be taking up permanent residence in Florida, I should not have said "yes" in responding to your request that I fill a spot on the Zoning Board. However, time changes things: Since that is the situation I must ask that you accept my resig- nation as of June 30, 1963 . This I regret sincerely: My tenure on the Board, though a short one, was sweet while it lasted and I thank you for having given me this opportunity to serve the Town. To my associates on the Board, both past and present, I extend warmest regards. Sincerely, Dick Richard I. Land Mr. Sobel said that he was very sorry to hear of Mr. Land's resignation as he had enjoyed having him on the Board and that Mr. Land had fulfilled this office most commendably. The other Board members also expressed their regret. A letter from the Westchester County Department of Planning, noting legislation enacted by the 1963 State Legislature was noted and filed with the secretary of the Board. 449 ir A notice of a public hearing from the Village of Scarsdale was received and passed on to the Town Attorney for consideration. MINUTES The minutes of the meeting of April 24, 1963, were approved as corrected. Mr. Bierman wished it noted for the record that the secretary was to be commended for her accuracy in the minutes for 4/24/63 . HEARING The Chairman declared the hearing open and the secretary pre- sented the affidavit of publication of the notice of hearing as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on May 15, 1963 . The Chairman requested the secretary to read the first appli- cation. APPLICATION NO. 1 - Case 159 ADAM A. SUMETZ Application of Adam A. Sumetz for modification of Article IV, Sec- tion 445, Building on lots of less than Required Size, and Section 410, Schedule of Residence District Regulations, so as to allow a street line frontage of 40.76 feet rather than the required 50 feet on premises located on the southerly side of Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404, Parcel 267 on the ground of practical difficulty and/or un- necessary hardship. The Chairman asked if any person present wished to address the Board either in favor of or in opposition to this application and the following persons were heard: For Appellant: George Forbes, Esquire Adam Sumetz In Opposition: Charles McCarty, Esquire Jean Temple 64 Carleon Avenue Catherine V. Parker 49 Carleon Avenue Dorothy S. Lange 60 Carleon Ave. Mr. Sobel asked if all members of the Board had received a copy of a brief prepared by Mr. Forbes and the answer was yes. Mr. Forbes, attorney for Mr. Sumetz, appeared and stated that he would like to review the brief for the benefit of all present. This he proceeded to do. Points of the brief were, that the building permit should be extended since construction had started and in the alternative the Board should grant a new variance. Mr. Bierman asked if construction had been started would the 1116 450 building permit hold. Mr. Forbes replied in the affirmative. Mr. Sobel asked if the house met all requirements for an R 7.5 district except for the street line frontage. The Building Inspector said that it did. The Board then asked if this house could have been built prior to the zoning change and again the anser was in the affirmative. Mr. McCarty, speaking for the Howell Park Association, questioned the ownership of the property when previous variance was granted. He also asked why the Board did not reopen the original application and deny the variance. Mr. McCarty was referred to the minutes of this Board of April 25, 1962 where only one mention of the ownership of the property occured. Mr. Forbes conceded that the property had not been owned by Mr. Nye to whom the variance had been granted and to whom the permit had been issued. The question was asked if Mr. Sumetz knew that a variance existed when he purchased this property, Mr. Sumetz said yes he was aware of that fact. Mr. Bierman asked if Mr. Sumetz had to have a building permit to knock a retaining wall down? Mr. Paonessa said, no. Mr. Land pointed out that Mr. Sumetz could not begin construction however until such wall had been taken down. Mr. McCarty said that in his opinion Mr. Sumetz should have to or at least be able to produce records as to how much money he had spent before the building permit was revoked. Mr. Sumetz said that he would estimate he had spent between 700 and 1000 dollars. Following further discussion from neighbors, etc. . The Chairman asked for a vote on the question of whether or not the action of the Building Inspector in refusing to extend the permit or issue a new permit, on the ground that construction had not been commenced within 6 months from the date of its issuance, should be reversed and the permit granted. A vote being taken, resulted as follows: Commissioner White Nay Commissioner Eggers Nay Commissioner Bierman Nay Commissioner Sobel Aye Commissioner Land Aye 451 Chairman Sobel declared the motion to be lost and thereupon asked for a vote on the question of whether this Board should extend the building permit issued by the Building Inspector for 6 months. A vote being taken resulted as follows: Commissioner Land Aye Commissioner Eggers Aye Commissioner Sobel Aye Commissioner Bierman Nay Commissioner White Nay The following resolution was thereupon adopted: RESOLVED that the building permit issued by the Building Inspector in July of 1962 (No. 5687) be extended for a period of 6 months from the effective date of this resolution provided that the house to be con- structed complies in all respects with the plans filed with the Building Inspector; that the foundations be completely installed by not later than June 30, 1963 and that the house be completed and a certificate of occupancy issued not later than July 31, 1964. FURTHER RESOLVED THAT this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The above resolution was adopted after 2 hours and 15 minutes of discussion. The secretary then read the second application. APPLICATION NO. 2 - Case 160 BONNIE BRIAR COUNTRY CLUB by Giordano Application of Michael Giordano, for Bonnie Briar Country Club for modification of Article IV, Section 410 and Section 410.3, Schedule of Permitted Uses in Residence District, so as to allow the con= struction of wading pool 14' x 24' on premises located on the east side of Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 225, Parcel 1, on the ground of practi- cal difficulty and/or unnecessary hardship. The Chairman asked if any person present wished to address the Board either in favor of or in opposition to this application and the following persons were heard: For Appellant: Glen Geiger Vice Pres. Bd. of Governors Michael Giordano, Contractor In Opposition: Lee Whitestone Bonnie Weaver Association 797 Weaver Street S. Agran Dr. J. Hill Mr. Geiger appeared and submitted plans for the proposed pool, he said this was a necessary addition to the Club so that little children could 452 A play in safety. He stated that the Club had spent considerable money in the plans and also in acoustical facilities to try to keep this as orderly and quiet as possible. Mr. Whitestone speaking for himself and the Bonnie Weaver Assoc. asked why this pool could not be located in some other place. The Board members pointed out that the filtering of the water and the safety of the children made any other location not feasible. Mr. Agran and Mr. Hill spoke of the noise of the existing pool and were told that this was a matter for the police or to be discussed with the Club. Following some discussion the following resolution was adopted unanimously: WHEREAS, Michael Giordano, for Bonnie Briar Country Club has submitted an application for a building permit to the Building Inspector so as to allow the construction of a wading pool 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 and Section 410.3, Schedule of Permitted Uses in Resi- dence District; and WHEREAS, Mr. Giordano, for Bonnie Briar Country Club, has submitted to this Board an application for a variance of the ground of practical difficulty and/or unnecessary hardship for the following reason: Applicant needs additional bathing facilities for safety and con- venience which under the present Section 410 and 410.3 deprive the applicant of the reasonable use of such land and building and for these reasons the variance is necessary for the reasonable use of such land and building. 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 IT 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 building and do not apply generally to the land or buildings in the district and which circum- stances and conditions have not been the result of 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 - Applicant needs additional bathing facilities for safety and convenience which said circumstances and or conditions are such that the particular application of the Ordinance with respect to Section 410 and 410.3 would deprive the applicant of the reasonable use of such land and building and that for 453 these reasons the granting of the variance is necessary for the reasonable use of such land and building and that the variance as granted by this 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 the Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV, Section 410 and 410.3 be varied and modified so as to permit the construction of a wading pool 14-feet by 24-feet on premises located on the east side of Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 225, Parcel 1 pro- vided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck, 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. ADJOURNMENT There being no further business to come before this meeting it was ad- journed. f %�� Ruth Dammon, Secretary 454