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HomeMy WebLinkAbout1966_11_30 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD NOVEMBER 30, 1966, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The meeting was called to order by Mr. Eggers, the Chairman at 8:05 p.m. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. E. Robert Wassman Mr. Henry E. Mullick Absent: Mr. Russell G. Pelton Also Present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of October 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 hearing. Mr. Eggers advised the applicants that since Mr. Top- ping had not arrived and there were only three Board Members present their applications would have to be approved unanimously. The Chairman stated they would have the privilege of adjourning their cases without penalty for a later hearing but the applicants de- clined to adjourn. The Chairman requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 260 Application of Donald R, MacMannis for modification of Article IV, Section 410, Schedule of Residence District Regulations for an R-10 Residential District of the Zoning Ordinance so as to allow the construc- tion of an addition to garage having a front set back of 22.5 feet instead of the required front set back of 30 feet and a side yard of 6.1 feet instead of the required minimum side yard of 10 feet on the premises located at 68 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 124 on the grounds of practical difficulty and/or unnecessary hardship. Mr. MacMannis appeared before the Board and stated that his reason for wanting this addition to the existing garage is to make room for two cars instead of parking one car on the street. Mr. MacMannis stated that he felt this was the most practical place to put the addition. It was pointed out that the garage floor was considerably higher than the existing grade at the rear of the dwelling and that an extension at the rear of the building would require additional foundation work and fill. Also, all plumbing and electrical facilities were located along the rear wall. A letter signed by the following neighbors was filed in favor of this extension: Mr. Albert E. Smith, 80 Holly Place Mr. Aloise X. Golly, 62 Holly Place Mr. Frank Levitan, 4 Crest Avenue Mr. Henry van Holt, 66 Holly Place After further discussion the Chairman called a short recess following which a vote was taken on the appli- cation and the result was as follows: Commissioner Eggers - Nay Commissioner Wassman - Nay Commissioner Mullick - Aye The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Donald R. MacMannis has submitted an application to the Building Inspector for the construction of an addition to the existing garage 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 Mam- aroneck with particular reference to Ar- ticle IV, Section 410, Schedule of Resi- dence District Regulations for an R-10 Residential District of the Zoning Ordi- nance which provides for a minimum front set back of 30 feet and a minimum side yard of 10 feet on the premises located at 68 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 124; and WHEREAS, Donald R. MacMannis has submitted an application for a variance on the ground of practical difficulty and/or unnecessary g elo hardship for the following reason: To allow the construction of an -.- addition to the garage having a front set back of 22.5 feet instead of the required front set back of 30 feet and a side yard of 6.1 feet instead of the required minimum side yard of 10 feet. WHEREAS, this Board has examined the plans 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- cation on the following grounds: 1. That there are no special circumstances or conditions ap- plying 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. 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. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman requested the Secretary to read the second application. APPLICATION NO. 2 - CASE 261 �rAw Application of Emanuel Dondy for modification of Artic16 IV, Section 410, Note "D", Schedule of Resi- dence District Regulations for an R-6 Residential District of the Zoning Ordinance so as to allow the construction of a two car garage having a front set back of approximately 23.5 feet instead of the re- quired front set back for accessory structures lo- cated on corner lots of 30 feet on the premises lo- cated at 14 Judson Street and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 123 Par- cel 466 on the grounds of practical difficulty and/ or unnecessary hardship. The following persons were heard in favor: Mr. Emanuel Dondy, applicant Mr. Michael Harris, 98 Murray Ave. , Larchmont Mr. Richard Green, 21 Hillcrest Ave. Communication approving from: Mr. William J. Gerety, Jr. , 32 Hillcrest Ave. Mr. Dondy stated that the present garage is an "eye" sore" and has been in poor condition for at least four years. Mr. Dondy feels the new garage in the intended location will not affect his neighbors ad- versely. The applicant wants to use most of the present foun- dation as it will mean a great saving because of the rock at the rear and left side of existing gar- age. Also, on the left side is a garden and recrea- tion area of which some will have to be used but Mr. Dondy would like to retain as much as possible. At this point the Board pointed out that the proposed new garage was to be located closer to the street line than the existing two car garage and after some further discussion as to the proposed location of the garage the Board suggested that the applicant amend his application for permission to construct a new two car garage to be located no further for- ward on the property line than the existing garage. After further discussion a vote was taken on the amended application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Mullick - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Emanuel Dondy has submitted an application to the Building Inspector for a building permit for the construction of a two car garage together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that rr= . the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaro- neck with particular reference to Article IV, Section 410, Note "D", Schedule of Res- idence District Regulations for an R-6 Residential District of the Zoning Ordi- nance which provides for a front set back for accessory structures located on cor- ner lots of 30 feet on the premises loca- ted at 14 Judson Street and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 123 Parcel 466, and WHEREAS, Emanuel Dondy has submitted to this Board an amended application on the ground of practical difficulty and/or un- necessary hardship for the following reason: 1. To allow the construction of a new two car garage to be located not closer than the front set back of the existing garage from Judson Street. WHEREAS, this Board has examined the plans and has heard all persons interested in this application after publication of notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the ap- plication on the following grounds: (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 district, and which circumstances and con- ditions have not resulted from any acts of the applicant sub- sequent to the date of the Zon- ing Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. The new garage will be constructed no further forward on the property than the present garage. 2. That said circum- stances and/or condi- tions are such that the particular appli- cation of the Ordin- ance with respect to Article IV, Section 410 would deprive the applicant of the re- asonable 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 this 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 FURTHER RESOLVED, that a variance is here- by granted to the applicant and that Ar- ticle IV, Section 410 be varied and mod- ified so as to allow the construction of a two car garage having a front set back of less than the required front set back for accessory structures located on cor- ner lots of 30 feet on the premises located at 14 Judson Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Parcel 466, in strict conform- ance with the plans filed with this appli- cation and amended, provided that the ap- plicant 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 Ordinance where a variance is granted, the applicant shall obtain a building per- i' mit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construc- t _1 tion 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 Chairman requested the Secretary to read the third application. The Board was now joined by Mr. Topping. APPLICATION NO. 3 - CASE 262 Application of Thomas Guglielmo for modification of Article IV, Section 410, Schedule of permitted uses in a Business District, so as to allow the con- struction of a storage garage and office building to be used for purposes incidental to the general contracting business, i.e. , office and storage of equipment for contracting establishment not permitted in a "B" Business District on the premises located at the northwest side of Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcels 61 and 68 on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard in favor: Thomas Guglielmo, applicant John Delius, Esq. Attorney, 7 Woodland Ave. , Larchmont, who was taking the case for William Brill, Esq. , Attorney, 7 Woodland Ave. , who was ill. In opposition: Peter Mosher, Esq. , Attorney, 138 Chatsworth Ave. , Larchmont, who represented the Harbor Agency, Inc. , Frank Giacomo, 2 Bonnie Briar Lane Petition in favor of the application signed by the following: Patsy Giacomo, 5th and Madison Ave. Gaetano Acocella, 635 5th Avenue Gaetano Guglielmo, 620 Fifth Avenue Frank Guadagnola, 5 5th Avenue Carlo Ronconi, 615 5th Avenue Carmela Possidente, 633 Fifth Avenue Samuel G. Carriero, 610 Fifth Avenue Clemeth Banks, 616 Fifth Avenue Mr. Delius, who represented Mr. Guglielmo presented the Board with a rendering of the proposed building and stated that the proposed structure would be 24' x 372' . The building was planned in such a way that stores can be erected and room for off-street park- ing. It was pointed out that the building complies with all the regulations of the Zoning Ordinance with the exception that a portion of the building was to be used as a storage area. Mr. Guglielmo stated that he had rented different buildings but they were sold and he decided to put up a building of his own. He said that the build- ing was to be used for the storage of his equipment necessary in his construction business which could not be left outside. Mr. Guglielmo claimed that he had purchased one por- tion of the lot about 12 years ago and the other about four months ago. Mr. Mosher who represented the Harbor Agency, Inc. pointed out that Mr. Guglielmo was fully aware of the Zoning Ordinance when he purchased the lots and that the applicant was actaully asking for a change in the Zoning Ordinance. Mr. Frank Giacomo who is the owner of the adjacent property and had sold the property to Mr. Guglielmo claimed that he would never have sold the property if he had known Mr. Guglielmo's intentions or would have made a stipulation in the deed. Mr. Giacomo feels that the proposed building will depreciate his property. After further discussion a short recess was called by the Chairman following which a vote was taken on the application and the result was as follows : Commissioner Eggers Nay Commissioner Wassman - Nay Commissioner Mullick - Nay Commissioner Topping - Nay The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Thomas Guglielmo has submitted an application to the Building Inspector for the construction of a storage garage and office building to be used for pur- poses incidental to the general contract- ing business, i.e. , office and storage of equipment for contracting establishment, 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 Mama- roneck with particular reference to Article IV, Section 410, Schedule of permitted uses in a Business District of the Zoning Ordinance which provides that a contract- ing establishment is not permitted in a "B" Business District on the premises lo- cated at the northwest side of Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Par- cels 61 and 68; and WHEREAS, Thomas Guglielmo has submitted an application for a variance on the ground of practical difficulty and/or unnecess- ary hardship for the following reason: To allow the construction of a storage garage and office build- ing to be used for purposes in- cidental to the general contract- ing business, i.e. , office and storage of equipment for contract- ing establishment in a "B" Bus- iness District. WHEREAS, this Board has examined the plans and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board denies the appli- cation on the following grounds: 1. That there are no special circumstances or conditions ap- plying 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 appli- cant to entitle him to the var- iance are such as would deprive him of the reasonable use of the land. 3. That the granting of the variance would not be in harmony with the general purposes and 7 intent of this Ordinance and would be injurious to the neigh- ° borhood and detrimental to the public welfare. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman requested the Secretary to read the fourth application. APPLICATION NO. 4 - CASE 263 Application of Church of St. John and Paul for modi- fication of Article IV, Section 422.1, so as to allow the erection of an educational television reception tower having a height of 140 feet in an area which restricts the height of electronic devices and ap- purtenances to 50 feet in an R-6 Residential Dis- trict on the premises located at 280 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 1 on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard in favor: Rt. Rev. Msgr. Robert E. Delaney, Pastor of Sts. John and Paul Church Rev. Henry J. Mansell, Asst. Pastor of Sts. John and Paul Church Mr. Paul Godley, Jr. , Consulting Engineer for the Archdiocese of New York Mr. Edward Clark, 67 Rockland Ave. Mr. Albert Giordano, Jr. , 12 Cooper Lane Mr. C. F. Bell, 7 East Drive Mr. David McConney, 43 Edgewood Ave. In opposition: Mr. J. E. Heespelink, 47 Maple Hill Drive Communications in favor: Lt. Mancusi, Town of Mamaroneck Police Dept. Mr. William J. Gerety, Jr. , 32 Hillcrest Ave. Msgr. Delaney stated that they had already tested with portable equipment including a pole of 70 feet but because of the terrain from Sts. John and Paul to Dunwoodie it was not possible to get reception. ' Msgr. Delaney said that any questions on engineering could best be answered by Mr. Paul Godley, Jr. Mr. Godley stated that there are 346 schools in con- tract with R.C.A. at present and most of them are without problems* Mr. Godley pointed out that there c64g are 434 Parochial Schools in the New York Archdiocese hoping to hook into three channel simultaneous pro- grams and a fourth channel is Boon to be introduced. It was pointed out that because of the microwave transmission even a tree branch in the path of the signal diverts the reception. The Board discussed the possibility of coaxial cable from St. Augustine's to Sts. John and Paul but it was brought out that this would be very costly. Mr. Clark, Mr. Giordano, Mr. Bell and Mr.McConney all stated they were in favor of the application because of the aid to education that will be realized by educational television. Father Mansell pointed out that in view of all the educational advantages to the whole community the tower should be considered an aspect of beauty. Lt. Mancusi sent a memo to the Chairman stating that he had checked with the people who service the short wave police radio equip- ment and there would be no interference from such an installation. Mr. Heespelink who objected claimed he did not like any antennas and felt they should all be abolished. After further discussion the Chairman called a short recess following which a vote was taken on the appli- cation and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Topping - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, the Church of Sts. John and Paul has submitted an application to the Build- ing Inspector for a building permit for the erection of an educational television reception tower having a height of 140 feet together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that • the plans submitted failed to comply with the Zoning Ordinance of the Town of Mama- . rpneck with particular reference to Article IV, Section 422.1, Schedule of Residence District Regulations for an R-6 Residential District of the Zoning Ordinance which re- stricts the height of electronic devices and appurtenances to 50 feet on the premises located at 280 Weaver Street and known on the Tax Assessment Map of the Town of Mama- roneck as Block 217 Parcel 1, and WHEREAS, the Church of Sts. John and Paul has submitted to this Board an application on the ground of practical difficulty and/ or unnecessary hardship for the following reason: To allow the erection of an ed- ucational television reception tower having a height of 140 feet instead of the required 50 feet. WHEREAS, this Board has examined the plans and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the application on the following grounds: (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 district, and which circumstances and con- ditions have not resulted from any acts of the applicant sub- sequent to the date of the Zon- ing Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are such that the particular appli- cation of the Ordinance with respect to Article IV, Section 422.1 would deprive the appli- cant 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 this Board is the minimum adjustment that will accomplish this pur- pose. (c) That the granting of this variance will be in harmony with Co 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 and that Article IV, Section 422.1 be varied and modified so as to allow the erection of an educa- tional television reception tower having a height of 140 feet in an area which re- stricts the height of electronic devices and appurtenances to 50 feet on the pre- mises located at 280 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 1, in strict conformance with the plans filed with this application and amended, 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 Ordinance where a variance is granted, the applicant shall obtain a building per- mit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construc- tion 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 adjourned at 10:25 p.m. - (z)--41 Rita A. Johnson, Secretary