Loading...
HomeMy WebLinkAbout1969_10_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD OCTOBER 22, 1969, 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 the Chairman at 8:15 P.M. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. E. Robert Wassman Mr. Henry Mullick Mr. Price H. Topping Mr. Russell G. Pelton Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of August 27, 1969 were presented and on motion duly made and seconded, ap- proved 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. The Chairman requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 317 Application of Mr. Arthur C. Melervey, Jr. for modi- fication of Article IV Section 410 Schedule of Resi- dence District Regulations for an R-7.5 Residential District of the Zoning Ordinance so as to allow the construction of a wooden porch deck at the rear of the existing dwelling having a minimum side yard of 6.5 feet instead of the minimum required side yard of 10 feet on the premises located at 136 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Parcel 27 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Melervey appeared before the Board and stated that he had nothing further to add to his applica- tion. It was pointed our that the addition would not extend outside the present building line and the new porch deck would replace the porch that was built on the original house. The dwelling was erected in 1928 and at that time conformed with the Zoning. The applicant said if the porch was brought in 31 feet to conform with the present zoning he did not feel it would be aesthetically appealing. Mr. Meler- vey also stated that the existing back door cannot be properly located to accommodate the porch deck to conform with the side yard requirements and that the porch cannot be installed at ground level because the plot was graded so as to fall away at the rear of the dwelling requiring the raised porch deck to make the structure accessible from the first floor of the dwelling. After a short discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Topping - Aye Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Arthur C. Melervey, Jr. has submitted an application for a building permit to the Building Inspector for the construction of a wooden porch deck at the rear of the existing dwelling 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- roneck with particular reference to Arti- cle IV Section 410 Schedule of Residence District Regulations for an R-7.5 Residen- tial District of the Zoning Ordinance which requires a minimum side yard of 10 feet on the premises located at 136 North Chats- worth Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 113 Parcel 27; and WHEREAS, Mr. Arthur C. Melervey, Jr. has submitted to this Board an application for a variance on the ground of practical dif- ficulty and/or unnecessary hardship for the following reasons: 1. The existing back door can- O not be properly relocated to accommodate the porch deck under the present zoning. 2. The proposed porch deck will replace the porch that was built on the original house and will not extend outside the present building line. 3. The porch cannot be erected at ground level because the lot is graded so as to fall away at the rear of the dwell- ing and the porch would not be accessible from the first floor of the dwelling. 4. The applicant feels that if the porch was built to con- form to the present zoning it would not be aesthetically ap- pealing. WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board grants 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 buildings 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 proposed porch will not extend into the existing side yard any further than the Oexisting porch. 2. The proposed loca- tion is the most aesthet- ically appealing. / o �y 3. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV, Section 410 would de- prive 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 this Board is the minimum adjust- ment that will accom- plish 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 detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-7.5 Residential District of the Zoning Ordinance so as to allow the construction of a wooden porch deck at the rear of the existing dwelling on the premises located at 136 North Chats- worth Avenue in strict conformance with the plans filed with this application and amended, provided that the applicant com- plies in all other respects with the Zon- ing 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 permit within three months of the filing of this Resolution with the Town Clerk. The build- ing permit shall be void if construction © is not started 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. REHEARING OF APPLICATION FOR MR. EDWARD SPELLMAN The Chairman suggested that a Special Meeting be held to rehear Mr. Spellman's application. At the regular Zoning Board Meeting of August 27, 1969 the Board had decided to rehear Mr. Spellman's ap- plication which had been denied at the meeting of July 23, 1969. It was decided that the Special Meeting would be held on November 5, 1969 and the Secretary was instructed to make the necessary ar- rangements. REPORT ON MEETING - LONGINES PROPOSED BUILDING ON GUADAGNOLA PROPERTY Mr. Paonessa was asked to report on the meeting he had attended at which he represented Mr. Eggers who was unable to be there. Longines have an option to purchase the Guadagnola property which is a two and a half acre plot bounded by North Chatsworth Avenue, Garfield Street, Madi- son Avenue and Adams Street (a paper street). The property is zoned for Residential and OB2 with spe- cial requirements. Longines have engaged the Austin Company to do the designing, engineering and the construction of the project. The building that they are planning to erect will be two stories and contain approximately 180,000 square feet of which approximately 100,000 square feet will be below ground. The underground space will be occupied by three electronic computers, which are now in another building in Larchmont, and by receiving bays for all truck deliveries of mail and office supplies. About two-thirds of the first level would be used for parking. The building would also house the executive and general offices for approximately 400 to 500 employees and an employee cafeteria. The deed to the property contains a covenant dated 1907 which states that "no building for business purposes would be erected on said premises". After a title search it was discovered that there were over 100 parties involved and Longines now plan to petition the court to remove the covenant and to declare it null and void. After further discussion the Board concluded that there would be problems as far as coverage and set- backs which would require them to appeal to the Zon- ing Board for a variance. It would also be necessary for Longines to obtain a Special Permit from the Town Board. / 01/ CADJOURNMENT There being no further business to come before this meeting it was adjourned at 8:45 P.M. (;), Rita A. Johnso Secretary • 0 7 -y •. 0