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HomeMy WebLinkAbout1963_11_20 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD NOVEMBER 20, 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 8:10 p.m. . PRESENT: Sydney D. Bierman, Chairman Robert B. White Henry E. Mullick Richard Eggers ABSENT: E. Robert Wassman ALSO PRESENT: William Paonessa, Building Inspector MINUTES The minutes of the meeting of October 23 , 1963 were approved, as corrected, on motion duly made and seconded. HEARING The Chairman declared the hearing open and the secretary presented the affi- davit of publication of the notice of the hearing in the official newspaper of the Town of Mamaroneck, The Daily Times, on November 14, 1963 . The Chairman requested the secretary to read the first application. APPLICATION NO. 1 - CASE 171 Application of Daniel V. Pace for modification of Article IV, Section 410, Schedule of Residence District Regulations, of the Zoning Ordinance of the Town of Mamaroneck, so as to permit an 18-foot by 9-foot addition to the existing dwelling in a R-6 district, having a rear yard of 21-feet and a side yard of 7-feet rather than the minimum required rear yard of 25-feet and the minimum required side yard of 8-feet on the premises located at Laurel Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124, Parcel 460 on the grounds of practical difficulty and/or unnecessary hardship. For Appellant: Alfred Willis, Architect 132 Larchmont Avenue Larchmont, New York Daniel V. Pace Laurel Avenue Larchmont, New York Communications: Mr. & Mrs. H. V. Fazzeri 53 Myrtle Blvd. Larchmont, New York Paul A. Yerick 102 Laurel Avenue Larchmont, New York Francis J. Waterbury 101 Laurel Avenue Larchmont, New York Mrs. Edith Verdick 95 Laurel Avenue Larchmont, New York 495 Mr. & Mrs. M. Gallagher 106 Laurel Avenue Larchmont, New York Mrs. Rose Polera 108 Laurel Avenue Larchmont, New York Mr. Jacob Ernst 45 Myrtle Blvd. Larchmont, New York D. Ket 187 Weaver Street Larchmont, New York Mr. & Mrs. Salvatore F. Lore 105 Laurel Avenue Larchmont, New York In Opposition: None Mr. Bierman read nine letters expressing approval for the variance requested. These were received and filed for the record. Mr. Willis, representing Mr. Pace, appeared and submitted plans for the pro- posed addition. He advised the Board that the variance was being requested as there was no other place to make an addition to the house or make it any narrower unless the whole roof was taken off and then there would be no steps to get to it. Applicant needs the space for the family as at present there are only four rooms. Addition would be used for dining area and would be off the kitchen. Proposed addition would add approximately 160 sq. ft. of livable area and would comply with the minimum floor area requirements for a one story dwelling in an R-6 district. Mr. Bierman asked if Mr. Willis had a certified survey of the plot as the dimensions on the map seemed inaccurate provided the fence at the rear of pro- perty was on line. He stated both he and Mr. Mullick measured the rear of the house and found it to be 28'9" instead of 32' as shown on plan for proposed addition. Mr. Willis produced the survey and after further discussion, Mr. Paonessa suggested amending the application to read the correct dimensions of proposed addition in view of seeing certified survey, etc. Mr. Bierman requested the secretary to amend the application to read "to allow the construction of an addition at the rear of the dwelling which will have a rear yard of not less than 19 ft. at any point from rear property line and a side yard of 7.0 feet. Mr. Bierman then asked for a vote on the application. A vote being taken resulted as follows: Commissioner Bierman Aye Commissioner White Aye Commissioner Mullick Aye Commissioner Eggers Aye The following resolution was adopted: 496 WHEREAS, Daniel V. Pace has submitted an application for a building permit to the Building Inspector for the addition to the existing dwelling in a R-6 district, 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 Ordiance of the Town of Mamaroneck with particular reference to Section 410 of said Ordinance, which provides for set backs, side yards, plat area, etc. ; and WHEREAS, Daniel V. Pace has submitted to this Board an application for a vari- ance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Living area at present house is too small for family needs as there are only four rooms and proposed addition would add approximately 160 sq. ft. of livable area. . Due to the design of house the only feasable location for proposed addition is at the rear of dwelling. 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/or building and do not apply 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 Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 1. Living area at present house is too small for family needs and proposed addition would add approximately 160 sq. ft. of livable area and due to the design of house the only feasable location for proposed addition is at the rear of dwelling. 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 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 pur- pose. (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 497 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 an addition, 18-foot by 9-foot, to the existing dwelling, in a R-6 Dis- trict, on the premises located at 97 Laurel Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 124, Parcel 460, in strict con- formance with the plans filed with this application, and amended, 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: None 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. The secretary then read the second application. APPLICATION NO. 2 - CASE 172 Application of John Fraioli for modification of Article IV, Section 455.2 of the Zoning Ordinance of the Town of Mamaroneck, Off-street Parking, so as to allow the construction of an off-street parking area at the premises loca- ted at 91 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114, Parcel 108, on the ground of practical difficulty and/or unnecessary hardship. For Appellant: John Fraioli 91 Valley Road Larchmont, New York Lawrence Schneider 87 Valley Road Larchmont, New York Joel C. Wolff 97 Valley Road Larchmont, New York Communications: None In Opposition: Henry R. Boston 96 Valley Road Larchmont, New York George 0. Luckie 135 N. Chatsworth Avenue Larchmont, New York Communications: None Mr. Fraioli appeared and submitted plans for proposed off-street parking area. He stated there is much difficulty in getting car into garage as drive- way is very steep. Their car is damaged each time-as front wheels go up drive- way, back of car hits street and as you keep going up it gets very steep and you have to "give it a lot of gas" resulting in a very quick stop when in garage. The middle of the car hits the garage floor when stopping so abruptly 498 consequently causing the brake fluid to leak from the bottom of the car, etc. Due to these conditions the car is left on the street, despite police warnings. He plans on eliminating the present garage and cutting down the driveway which he feels should improve the neighborhood as the house at present is .an eyesore. Mr. Bierman asked how long he had owned the house and Mr. Fraioli replied six months. Mr. Bierman asked if he had considered building an interior garage at a lower level and Mr. Fraioli replied that it would be a very big and costly operation as there is in all probability rock which would have to be blasted. Mr. Bierman asked what would garage space be used for and Mr. Fraioli said he would finish the outside to look like a finished room,plant shrubs and then use as a playroom or storage area. Mr. White asked if he had any plans showing this and Mr. Fraioli replied not as yet. Mr. Eggers asked if the applicant hadn't tried out the driveway before pur- chasing the house and Mr. Fraioli replied yes they had and in fact had hesi- tated purchasing for this reason. Mr. Eggers asked what the height of the rear wall of cut back would be if the variance was granted and Mr. Fraioli replied six feet from the top of the wall. He will plant shrubs, etc. to prevent children from getting hurt. Mr. Bierman stated the application was deficient in regard to plot plans, etc. and the applicant should have a definite sketch showing height of walls, sketch depicting grading, shrubbery, etc. He also stated that all commissioners, with the exception of Mr. Eggers, had visited the site but in order to make an intelligent decision, etc. they would have to have more information. Mr. Fraioli asked if he couldn't go ahead with his plans for the off-street parking area and then the Board could come up and make an inspection and advise him what improvements should be made, etc. Mr. Bierman said this was not possible. Mr. Lawrence Schneider appeared and stated he was most anxious to see "this thing" cleaned up as there is a hole where Mr. Fraioli began digging before he was aware of the need for a variance and the present conditions do nothing for the neighborhood. Mr. Joel Wolff also appeared and expressed the same desire as Mr. Schneider adding that he was in favor of the granting of this variance as long as there was protection for the children in regard to the rear wall of cut back. Mr. Bierman asked Mr. Fraioli when he started digging and Mr. Fraioli replied about a month ago. Mr. Eggers asked who would do the work as he was most interested in making sure this was a first class job, etc. otherwise there would be the possibility of it having to be torn up, etc. after inspection. Mr. Fraioli replied he was aware of this and would get a man who does this work all the time. Mr. White stated the Board had no idea on the dimensions or plans of this work. 499 Mr.Fraioli stated that he felt since the members would look at this they would understand what he wanted to do. Mr. Boston appeared and stated he had lived in the area for 13 years and con- sidered the present garage as being built very cheaply. He also stated that the people who previously owned this house also had difficulty in getting into the garage and they had small cars. He felt there were two ways of solving the problem and those were either lowering the garage floor, which would be ex- pensive, or building the off-street parking area as Mr. Fraioli proposed to do as long as it was limited to one car and no trucks. However Mr. Boston felt that a full set of plans were needed to show definitely what would be done. Mr. Luckie appeared and stated that any time any one wants to closea garage in front of a house appeals to him as most times the garage doors are left open and this is unsightly. What had been proposed would certainly improve the neighborhood. Mr. Bierman asked Mr. Fraioli if he had every considered removing the garage entirely and he replied yes, but could not see what would be gained as he would then have to build another one. Mr. Bierman then asked the applicant if he wished an opportunity to submit plans showing dimensions, type of construction, location of proposed altera- tion, etc. at a later date rather then have the Board vote on this application as submitted. Mr. Fraioli replied no he would rather have the Board decide at this meeting. Following a ten minute recess a vote was taken which resulted with the unanimous denial of the application but granting leave to resubmit with detailed plans for proposed construction at a special hearing, without public notice, on December 1, 1963 at noon at the Edgewood Avenue police headquarters. After further discussion the following resolution was adopted: RESOLVED, that the application of John Fraioli be adjourned to a special hearing of the Board, without public notice, on December 1, 1963, at which time he is to resubmit his application with detailed plans for the proposed off-street parking area. 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 9:50 p.m. . cc, Secretary 500