Loading...
HomeMy WebLinkAbout1962_05_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD MAY 23, 1962, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE HEADQUARTERS, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:00 p. m. PRESENT: Laurence Sobel, Chairman George Schuler Richard Eggers Richard I. Land ABSENT: Sydney Bierman ALSO PRESENT: John L. Delius, Town Attorney William Paonessa, Building Inspector ANNOUNCEMENT The Chairman expressed his regret at missing the meeting of April 25, 1962, and stated that he was grateful to Mr. Schuler for acting as shairman and appreciated the fact that the meeting had been adjourned in honor of the late Arthur Dunn. HEARING The Chairman declared the hearing open and the secretary presented the affidavit of publication of the notice of hearing in the official newspaper of the Town of Mamaroneck, The Daily Times, on May 16, 1962. The Chairman requested the secretary to read the first application. 364 APPLICATION NO. 1--ANTHONY N. LIBRANDI--Case 128 Application of Anthony N. Librandi for modification of Article IV, Section 410, Schedule of Residence District Regulations, so as to allow the construction of a one family dwelling, in an R-6 zone district having a street line frontage of 35. 01 feet instead of the required 60 feet, with an average depth of 80 feet instead of the required 100 feet and a rear yard of 17. 5 feet instead of 25 feet on premises located on the south side of Thompson Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 125, part of Parcel 372 on the grounds of practical difficulty and/or unnecessary hardship. The Chairman asked if any person present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: Anthony N. Librandi John Musacchio 99 Myrtle Boulevard Letter from Frank Gironda Charleston, Tenn. In Opposition: None Mr. Librandi appeared and submitted plans for the proposed dwelling, he stated that this property borders County owned property and this plan waa the only practical feasible one for building. He also pointed out that the property had more than enough square footage. Mr. Musacchio, speaking for himself and neighbors, said that he felt this house would be an improvement to the neighborhood. Following a brief discussion on motion by Mr. Land, seconded by Mr. Eggers, the following resolution was unanimously adopted: WHEREAS, Anthony N. Librandi has submitted an application for a building permit to the Building Inspector for the con- struction of a one family dwelling; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that the plans submitted failed to comply 365 with the Zoning Ordinance of the Town of Mamaroneck with •�,• particular reference to Article IV, Section 410, which deals with street frontage, lot depth, etc. ; and WHEREAS, Mr. Librandi has submitted to this Board an application for a variance on the ground or practical difficulty and/or unnecessary hardship for the following reasons: 1. When lot was purchased from the Town the street line frontage was 35. 01 and cannot be increased. 2. Average depth of lot is 84 feet, and to keep house in line with existing houses leaves a rear yard of 17. 5 feet. 3. This plan only feasible one architecturally 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, THEREFQRE, BE IT RESOLVED, that this Board finds the following: (a) That there are special circumstances and conditions 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 teh applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 1. Street line frontage of 35. 01 feet cannot be increased. • 2. To keep house in line with existing houses will create a rear yard of 17. 5 feet 3. This plan only feasible one for architectural and engineering reasons. 366 which said circumstances and/or conditions are such that the particular application of the Ordinance 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 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 this Ordinance and will not be injurious to the neighborhood or otherwise detri- mental to the public welfare; and it is FURTHER RESOLVED that a variance is hereby granted to the applicant and that Article IV, Section 410, be varied and modified so as to allow the construction of a one family dwelling having a street line frontage of 35. 01, an average depth of 84 feet and a rear yard of 17. 5 feet on premises located on the southerly side of Thompson Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 125, part of Parcel 372, in strict accordance with the plans filed with this application and provided 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 6 months or completed within 2 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. The secretary then read the second application APPLICATION NO. 2--GERARD P. MURPHY--Case 129 Application of Gerard P. Murphy for modification of Article IV, Section 410, Schedule of Residence District Regulations, Note "D", so as to permit the construction of a garage two feet from the side-line and two and one half feet from the rear line instead of the required 5 feet, on property located on the north side of Cooper Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217, Parcel 540 on the grounds of practical difficulty and/or 367 unnecessary hardship. The Chairman inquired whether any person present wished to be heard either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant; Gerard P. Murphy Albert Lawson, Contractor 1970 Crompound Road Peekskill, New York Letters from D'Elia, Keeney Gannon & Gironda In Opposition: None Mr. Lawson, representing Mr. Murphy, appeared and submitted plans for the proposed garage. Mr. Murphy explained to the Baord that there had been a one car garage on this plot which had been torn down due to damage from termites, dry rot, etc. , he also said that he now needs a two car garage. Mr. Lawson pointed out that if the garage could not be built in this location a large tree would have to be removed and even then the driveway would have to be built with a dangerous curve in it. Letters from neighboring property owners were read and filed with the application, these letters were all in favor of the granting of the variance. Following some further discussion on motion by Mr. Schuler, seconded by Mr. Land the following resolution was unanimously adopted: WHEREAS, Gerard P. Murphy has submitted an application to the Building Inspector for a building permit for the con- struction of a garage; 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 note "D", which provides for side lines, rear 368 NIMO, ® lines etc. ; and 0.' WHEREAS, Mr. Murphy has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 4 1. Due to large maple tree on premises, if U) zoning regulations were adhered to, it would IJQ.) be impossible to enter one side of garage. as 2. Driveway would have to be located so that a dangerous driving condition would exist. O and 2 O 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 for which a variance is sought, which circumstances and/or conditions are peculiar to such land and do not apply to the land in the district and which circum- stances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regu- lations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 1. Large maple tree would have to be removed in order to use one side of garage. 2. Driveway would have to built with a hazardous curve which said circumstances and/or conditions are such that the (r) particular application of the Ordinance with respect to Section W410, Note "D" would deprive the applicant of the reasonable CL use of such land and that for these reasons the granting of the C variance is necessary for the reasonable use of the land and that the variance as granted by this Board is the minimum C 0 369 03 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 of otherwise detrimental to the public welfare. FURTHER RESOLVED that a variance is hereby granted to the applicant and Article IV, Section 410 Note "D", be varied and modified so as to permit the construction of a two car garage having a side line of 2 feet and a rear line of 2 and 1/2 feet on premises located at 37 Cooper Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217, Parcel 540, in strict accordance with the plans filed with this application and provided 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 pf the filing of this resolution with the Town Clerk. A building permit shall be void if construction is not started within 6 months or 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 adjourned at 9:30 p. m. /G1(if✓ a�rv✓L Ruth Dammann, Secretary 370