Loading...
HomeMy WebLinkAbout1960_10_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD OCTOBER 26, 1960, IN THE COURT ROOM OF POLICE HEADQUARTERS 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. ui cL CALL TO ORDER The Chairman called the meeting to order at 8:00 p. m. • /: PRESENT: A. E. Wullschleger, chairman Sydney Bierman George Schuler ABSENT: Laurence Sobel Philip Corby ALSO PRESENT: William Paonessa, Building Inspector WELCOME TO CHAIRMAN The members of the Board welcomed Mr. Wullschleger, who had returned from Europe on October 15th. MINUTES The minutes of the meeting of September 28, 1960 were approved as presented. ANNOUNCEMENT Before opening the hearing, the chairman announced that any person who desired could request that hearing on his application be post- poned to the next meeting since all;ocatopms heard when only three members of the Board were present could be granted only upon unanimous vote. 196 HEARING The Chairman declared the hearing open. Mr. Wullschleger stated that the first application to be heard would be the application of the Howell Park Association, which had been adjourned from the meeting of July 27, 1960. Mr. Joseph S. Johnston and Mr. Robert B. White, attorneys, appeared and stated that they did not wish the case heard unless a full Board were present. Mr. Johnston also stated that this Board has no jurisdiction in this matter. Mr. White contended that the case cannet be dismisses until litigation is finally determined. Following further discussion Mr. Johnston said he would submit a memorandum on November 4, 1960, on the law. Mr. White asked that he be given ten days to answer Mr. Johnston's memorandum. The members of the Board agreed to these requests and stated that they hoped to have a full Board present on November 23, 1960. The secretary presented the affidavit of publication of the notice of hearing as published in the official newspaper of the Town of Mamaroneck, The Daily Times, October 19, 1960. The Chairman requested the secretary to read the first application. APPLICATION NO. 1--Larchmont Country Club Diner Application of Larchmont Country Club Diner for modification of Article IV, Section 455. 4, which provides that no parking required for business use in a business district may be provided in a residence district, so as to permit the extension of an existing parking lot on premises located on Boston Post Road and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 505, Parcel 433, said lot to extend into an R-6 residence district, on the ground 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 197 following persons addressed the Board: For Appellant: Irving Rubin, Esquire 271 North Ave. , New Rochelle Don Zappavigna Post Road, Larchmont In Opposition: George MacLaggan 6 Dean Place, Larchmont Ann Hartnett 10 Dean Place, Larchmont Mr. Rubin,representing Mr. Zappavigna, submitted plans for the proposed extension of the existing parking lot. He stated that the additional space was very necessary as the business of the Diner was increasing all the time. He further stated that the plans had the approval of the State Highway Department and the local police as to entrance and exit points. Mr. Bierman asked Mr. Zappavigna why he had to have space for five cars in front of the Diner. Mr. Zappavigna replied that it helped business that people driving by would think the place closed if they saw no cars out in front. Mr. MacLaggan and Mrs. Hartnett stated that the patrons of the Diner are noisy and sometimes use objectionable language. Mr. MacLaggan further stated that he could not use the bedroom in the rear of his house because of these conditions. Mr. Rubin said that the help working in the Diner would park in the rear and they would try to be as co operative as possible about noise, etc. Following further discussion on motion by Mr. Bierman, seconded by Mr. Schuler the following resolution was unanimously adopted: RESOLVED that decision on the application of the Larchmont Country Club Diner be deferred until the next meeting of the Zoning Board, November 23, 1960 pending further study as to fencing, screening and elimination of certain objectionable features. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. 198 The secretary then read the second application. APPLICATION NO. 2---OTTO SCHEUBLE Application of Otto Scheuble for modification of Article IV, Section 410 "Schedule of Regulations" of the Zoning Ord- inance of the Town of Mamaroneck, so as to permit the construction of a one family residence having a front yard of less than 30 feet, to wit, 22 feet, on premises located at 25 Rockridge Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 412, Parcel 596 on the ground of practical difficulty and/or unnecessary hardship. The Chairman asked if anyone present wished to be heard either in favor of or in opposition to this application and the following persons addressed the Board. For Appellant: Otto Scheuble 3 Rockridge Rd. , Larchmont In Opposition: Hugh M. Keiser 22 Rockridge Rd. , Larchmont Louis Van Naarden 18 Rockridge Rd. , Larchmont Mr. Scheuble stated that he had been unable to start construction on his house due to a sewer easement which he thinks is illegal and is now under court action. A letter from Mr. Keiser, which is attached to the application, was read requesting certain conditions be met to protect the surrounding houses and neighbors. Mr. Van Naarden stated that he was in complete accord with Mr, Keiser. Following further discussion on motion by Mr. Schuler, seconded by Mr. Bierman the following resolution was adopted unanimously; WHEREAS, Otto Scheuble submitted an application for a modification of Article III, Section 9 of the Zoning Ord- inance of the Town of Mamaroneck, as amended, on February 10, 1959; and WHEREAS, the above application was granted on February 25, 1959; and WHEREAS, Otto Scheuble did obtain a building permit which 199 permit he allowed to elapse; and WHEREAS, Otto Scheuble did submit an application for modification of Article IV, Section 410 of the Zoning Ordinance of the Town of Mamaroneck as adopted June 29, 1959, on December 23, 1959; and WHEREAS, this application was granted on January 6, 1960; and WHEREAS, Otto Scheuble did obtain a building permit which permit will elapse October 28, 1960; and WHEREAS, Otto Scheuble did submit an application for modification of Article IV, Section 410 of the Zoning Ordinance of the Town of Mamaroneck, on October 13, 1960; and WHEREAS, this application came to be heard October 26, 1960 NOW, THEREFORE, BE IT RESOLVED that the appeal of Otto Scheuble for modification of Article IV, Section 410 (formerly Article III, Section 9) of the Zoning Ordinance of the Town of Mamaroneck be granted in strict conformity with the variance granted February 29, 1959. FURTHER RESOLVED that in accordance with the Rules and Regulations of the Zoning Board of the Town of Mamaroneck where a variance is granted the applicant shall obtain a building permit within three (3) months of the filing of this resolution with the Town Clerk. A building permit shall be void if construction is not started within a period of six (6) months or completed within a period of two years of the date of said permit. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The Chairman then requested the secretary to read the third application. APPLICATION NO. 3--POST ROAD BUILDING CORP. Application of Post Road Building Corporation for modification of Article III, Section 9 of the Zoning Ordinance of the Town 200 of Mamaroneck, now know as Article IV, Section 410, so as to permit the construction of a dwelling on a plot of less than minimum size, remitted for granting of a reasonable variance by order of the Supreme Court dated December 1, 1959. The Chairman asked if any person present wished to speak either in favor of or in opposition to this application and the following persons were heard: For Appellant: Murray Fuerst, Esquire 271 North Ave. , New Rochelle Irving Roosin In Opposition: George Forbes, Esquire 8 Devon Rd. , Larchmont Mr. Fuerst, attorney for Mr. Roosin, appeared and stated that his client would like the Board to grant this variance so that he could build in accordance with the Zoning Ordinance as it was in October 1958. Mr. Forbes, representing Mr. Robert D. Spickler, 45 Hommocks Road, stated that Mr. Spickler felt that the house should face on Hommocks Road in keeping with the other houses in the neighborhood. Following further discussion between Mr. Fuerst and the Board members, on motion by Mr. Bierman seconded by Mr. Wullschleger the following resolution was unanimously adopted: WHEREAS, on October 7, 1958, Post Road Building Corporation filed an application with this Board for modification of Article III, Section 9 of the Zoning Ordinance of the Town of Mamaroneck, as amended, and WHEREAS, this application came to be heard on the 22nd of October 1958, at which time it was denied; and WHEREAS, this application was remitted to this Board by order of the Supreme Court dated December 1 , 1959, for the granting of a reasonable variance; and WHEREAS, this Board has examined the plans and 201 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 generally to the land 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. Lot in question is a single lot with no contiguous property available. 2. Zoning Ordinance was changed making it impossible to meet requirements with respect to Section 410 which said circumstances and/or conditions are such that the particular application of the Ord- inance 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 the 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 detrimental to the public welfare; and it is FURTHER RESOLVED that Article IV, Section 410 of the Zoning Ordinance of the Town of Mamaroneck, formerly known as Article III, Section 9, be varied and modified so as to permit the construction of a one family dwelling on Hommocks Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as 202 Block 414, Parcel 278 subject to the following conditions: 1. Provide off street parking for one vehicle set at least 25 feet back from the front line. 2. House to be positioned so that entrance faces Hommocks Road. 3. House to have front setback of 30 feet, with side yards of 6 feet each. 4. First floor of house must have an area of 800 square feet. 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 tqo years of the date of said permit. FURTHER RESOLVED THAT this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. The Chairman then announced that the Board would now consider the application of Thomas Semenza which had been adjourned from the meeting of September 28, 1960. 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: Theodore Gilligan, Esquire 481 Main St. , New Rochelle In Opposition: None Mr. Gilligan, attorney for Mr. Semenza, appeared and showed plans for the proposed parking lot, These plans showed planting, proposed lighting, etc. 203 When asked if these plans met with the approval of Mr. Paonessa, Building Inspector, Mr. Gilligan answered in the affirmative. Following further discussion as to time for lights to be extinguished, etc. , on motion by Mr. Schuler, seconded by Mr. Bierman the following rsolution was unanimously adopted: WHEREAS, Thomas Semenza has submitted an application for a building permit to the Building Inspector for the construction of a parking lot, 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 455. 4 of said Ordinance, which proivdes that no parking required for a business use in a business district may be provided in a residence district; and WHEREAS, Thomas Semenza has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Zoning Law requires 45 parking spaces be provided. 2. Post Road heavily travelled and this parking lot would increase the safety of patrons. WHEREAS, this application came to be heard on August 24, 1960 at which time it was adjourned to the September meeting; and WHEREAS, this application came to be heard on September 28, 1960, at which time it was again adjourned; and WHEREAS, this application came to be heard on October 26, 1960; 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, 204 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 generally to the land in the district, and which circumstances and conditions have not resulted from any acts of the applicant sub- sequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 1 . Zoning Ordinance requires 45 spaces for parking be provided which is impossible at the present time. 2. Post Road heavily Travelled which makes it dangerous to park on. 3. Board finds that there is no other purpose which would make this lot usable. which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Article IV, Section 455. 4 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 the 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 detrimental to the public welfare; and it is FURTHER RESOLVED , that a varaince is hereby granted to the applicant so as to allow for the construction of a parking lot which will extend into an R-6 district and that said variance is granted upon the following conditions and terms: 1. All lighting must be under the supervision of the Building Inspector and meet with his approval. 205 2. Exits and entrances must meet with the approval of the Building Inspector. 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 two years of the date of said permit. FURTHER RESOLVED that this decision be filed with the Town Clerk as provided by Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 10:00 p. m. Ruth Dammann, secretary 206