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HomeMy WebLinkAbout1965_10_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD OCTOBER 27 , 1965 , 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 . ROLL CALL Present : Mr. Sydney D. Bierman , Chairman Mr. Henry E . Mullick Mr . E . Robert Wassman Absent : Mr . Richard Eggers Mr . Price H . Topping Also Present : Mr. William Paonessa Building Inspector APPROVAL OF MINUTES The minutes of the meeting of September 22 , 1965 were presented , and on motion • duly made and seconded , approved as submitted . ANNOUNCEMENT It was announced by the Chairman that since the regular meeting of the Zoning Board of Appeals falls on Thanksgiving Eve , that this Board will hold its next regular meeting on December 1 , 1965 . PUBLIC HEARING The Chairman declared the hearing open and the secretary presented for the record the affidavit of publication of the notice of the hearing . The Chairman announced that since only three members of the Board are present this evening , any application presented would have to have unanimous approval , and therefore if any appli- cant wished to have his case adjourned to the next meeting on December 1 , 1965 , he could do so . 699 It was noted for the record that the commissioners had viewed all the properties requesting variances before this Board this evening . At this time , Mr . George Forbes , Attorney , represent- ing two cases Ferndale Shopping Center , Case #230 and Alfred H. Tull , Case #228 , asked for deferrment on these applications , which was unanimously granted by the Board . The Chairman then requested the secretary to read the first application . APPLICATION NO . 1 - Case 226 Application of Winifred Rock for modification of Article IV, Section 410 , Schedule of Resi- dence District Regulations for an R-6 Resi- dential District of the Zoning Ordinance , so as to allow the construction of a 6 . 3 ' x 5 ' addition to the front of existing dwelling , with a front setback of 20 feet instead of the required 30 feet , on the premises lo- cated at 49 Myrtle Blvd . and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 124 , Parcel 553 on the grounds of practical difficulty and/or unnecessary hardship . The following persons were heard: In favor : Mr . William Rock 49 Myrtle Blvd . Larchmont , N .X. In opposition : None Communications : None Mr. Rock , representing his wife , told the Board that he is remodeling his house , owned since 1951 , that he has no vestibule and -wants to enclose the top front platform for a storm entrance . This reduces the front setback from 30 to 25 feet . He further stated that a wrought iron railing would be installed . Mr. Bierman stated that the application should be amended so as to allow the construction of this front portion with a front setback of 25 ' from Myrtle Blvd . instead of 20 ' . Mr . Rock agreed to amend his application . Mr . Wassman asked the applicant if he had con- sidered a portable storm enclosure and Mr . Rock 700 replied that he would like a permanent one be- cause it would be difficult to match existing aluminum siding of dwelling unless it was a permanent type of structure . Following some further discussion , a vote was taken on this application which resulted as follows : Commissioner Bierman ; Aye Commissioner Mullick - Aye Commissioner Wassman - Aye The application was therefore granted and the following resolution duly adopted : WHEREAS , Winifred Rock has submitted an application to the Building Inspector to allow the construction of an addition to the front of dwelling situated at 49 Myrtle Blvd . , Larchmont , N .Y . , with a front setback of 20 feet instead of the required 30 feet together with-plans ; and WHEREAS , the Building Inspector has re- fused to issue such permit on the grounds that the plans submitted failed to com- ply with Article IV , Section 410 , Sched- ule of Residence District Regulations for an R-6 District , and WHEREAS , Winifred Rock has submitted to this Board an application for a variance on the grounds of practical difficulty and/or unnecessary hardship for the follow- ing reasons : 1 . That applicant would like to install storm entrance to keep snow, rain and cold air out of the living room and in order to match the ext-eiior of the exist- ing dwelling , a permanent type of enclosure is necessary . WHEREAS , this Board has examined the plans and also viewed the property and heard all persons interested in this application after publication of a notice thereof , ,,. NOW, THEREFORE , BE IT RESOLVED, that .this Board finds the following : 701 (a) that there are special circum- stances and conditions applying to the land and/or building for which ' a variance is sought , which circum- stances and /or conditions are pe- culiar to such land and/or building and do not apply generally to the land/or buildings in the district , and which circumstances and condi- tions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regula- tions appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows : 1 . In order to match the exterior of the existing dwelling , a permanent type of enclosure is necessary . This would also provide an enclosure to keep out the elements . (c) That the granting of this variance will be in harmony with the general purposes and intent of this Ordinance and will not be in- jurious to the neighborhood or other- wise detrimental to the public wel- --fare ; and it is FURTHER RESOLVED , that a variance is granted to the applicant and that Article IV, Section 410 , be varied and modified so as to allow the construction of an addition to the front of the dwelling , reducing the front setback from 30 to 25 feet , on the premises located at 49 Myrtle Blvd , Town , and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 124 , Parcel 553 , in strict conformance with the plans filed with this application as amended , provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck subject to the following condition : 1 . That the front wall of the proposed (:: storm enclosure is not to be less than 25 ft . from the front line of the parcel . FURTHER RESOLVED , that in accordance with the Rules and Regulations of the Zoning Board where 702 a variance is granted , the applicant shall obtain a building permit within three months of the filing of this reso- lution with the Town Clerk. A building permit shall be void if construction is not started within six months and com- pleted within two years 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 next application . APPLICATION NO . 2 - Case #227 Application of Philip Librandi for modification of Article IV , Section 410 , Schedule of Residence District Regulations for an R-6 Residential Dis- trict and Article IV, Section 400 . 4 (Subdivision iaf a lot) of the Zoning Ordinance so as to allow the construction of a one family dwelling on the subdivision of a lot into two parcels having an average width of 57 . 33 feet instead of the re- quired 60 feet and a front setback of 22 ' from �... Laurel Avenue instead of the required 30 ' , on the premises located at the northeast corner of Laurel Avenue and Thompson Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 , Parcel 349 on the grounds of pract- ical difficulty and/or unnecessary hardship . The following persons were heard : In favor : Mr. Robert A. Freeman , Attorney 271 North Avenue New Rochelle , New York In opposition : None Communications : None Mr . Freeman stated that his client owns the con- tiguous property which has a house on it , that the vacant parcel has the required 6000 sq . ft . though the width is slightly less than the re- quired 60 feet and front setback variance is required to build a house on it . The vacant lot was not placed in separate ownership at the time the ordinance was adopted , he stated. He further stated the project would be an asset to the neighborhood since the vacant lot is now used as a catch-all . 703 Mr. Bierman questioned the applicant as to the need of building this new structure , whether he were contemplating anything in respect to the old structure , the age of the present dwelling and the condition of the existing garage . In answer to the above Mr . Freeman replied that the applicant might possibly live in the pro- posed dwelling ; that the applicant had spent approximately $2500 in the past 5 years , (includ- ing fixing the roof) ; that the age of the existing dwelling is 75 years and the present condition of the garage is good . At this time , the Chairman announced a ten minute recess . Following this recess , a vote was taken on this application which resulted as follows : Commissioner Bierman - Naye Commissioner Mullick - Naye Commissioner Wassman - Naye The application was therefore denied and the follow- ing resolution duly adopted : WHEREAS , Philip Librandi has submitted an application for a building permit to the Building Inspector for the construction of a new dwelling on ,,: lthecsub vision- of ', a lot into two parcels having an average width of 57 . 33 feet instead of the required 60 feet and a front setback of 22 ' from Laurel Avenue instead of the required 30 ' , on the premises located at the Northeast corner of Laurel Avenue and Thompson Street , together with plans ; and WHEREAS , the Building Inspector has refused bo issue such permit on the ground that the plans submitted failed to comply with Article IV , Section 410 , Schedule of Residence District Regulations for an R-6 District and Article IV , Section 400 . 4 , Subdivision of a lot ; and WHEREAS , Philip Librandi has submitted to this Board an application for a variance on the ground of practical difficulty and unnecessary hardship for the following reason : 1 . Due to the location of the exist- ing dwelling and garage and to the yard requirements of the ordinance , it is necessary to locate the new dwelling on 704 Ca corner lot with front setbacks of 31 feet from Thompson Street and 22 feet from Laurel Avenue WHEREAS , this Board has examined the plans and also 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 denies the appli- cation upon the following grounds : 1 . That there are no special cir- cumstances or conditions applying 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 circumstances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land and that the grant- ing of the variance is not necessary for the reasonable use of the land . 3 . That the granting of the variance would not be in harmony with the gen- eral purposes and intent of this Ordi- nance and would be injurious to the neighborhood and detrimental to the public welfare . FURTHER RESOLVED , that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law . The secretary then read the next application. APPLICATION NO . 4 - Casez#229 r_. Application of Frank M . Byrnes for modification of Article IV , Section 421 .4 Walls and Fences , of the Zoning Ordinance so as to allow the installation of 40 L . F. of 4 ' high wooden fence , the top of which is to extend 6 ' above existing grade , on the pre- mises located at 118 Carleon Avenue , and known on the Tax Assessment Map of the Town of Mamaroneck As Block 405 , Parcel 283 on the grounds of practi- cal difficulty and/or unnecessary hardship . 705 The following persons were heard : In favor: Mr . Frank M . Byrnes 118 Carleon Avenue Larchmont , New York Mr . Russell McIntyre 116 Carleon Avenue Larchmont , New York Mr. J . Scoweatn 125 Carleon Avenue Larchmont , N .Y . In opposition : None Communications : None Mr . Byrnes presented 5 photographs of his property taken October 25 , 1965 , which were received and filed for the record , and explained that on both sides of him , the neighboring lots are enclosed by fences and walls , leaving his the only passage- way for dogs , cats and the like . He further stated there is a sharp drop and a stone wall at the rear of the property and that a two foot fence atop this wall, as suggested by the Board , would not accomplish the needed privacy because children and cats could climb over it using the wall as a step-up . Mr. Bierman asked the applicant what type of fence was proposed and Mr. Byrnes replied that a inter- woven red cedar type basket weave fence would be installed . Mr. Bierman requested that the application be amend- Bed to read that a "Redwood Fence" would be installed . Mr. Wassman asked the applicant if he had considered extending the stone wall , to which Mr . Byrnes replied that it would be too costly as the wall is fieldstone . Following some further discussion , a vote was taken on this application which resulted as follows : Commissioner Bierman - Aye Commissioner Mullick - Aye Commissioner Wassman - Aye The application was therefore granted and the follow- ing resolution duly adopted : WEHREAS , Frank M. Byrnes heretofore request- ed a permit for the erection of 40 L . F. of 6 ' high redwood fence along a portion of rear 706 property line (4 ' fence on top of 2 ' stone wall) , together with plans ; and WHEREAS , the Building Inspector has refused to grant such permit on the grounds that construction or erection of such fence violated Article IV , Section 421 .4 of the Zoning Ordinance ; and WHEREAS , Mr. Frank M . Brynes has appealed to this Board for modification of the Building Inspector ' s decision pursuant to Article IV, Section 421 . 4 of the Zon- ing Ordinance so as to allow the erection of said fence ; NOW, THEREFORE , BE IT RESOLVED , that permission is granted to Mr . Frank M . Byrnes to erect 40 L . F. of 6 ' high Redwood fence (4 ' fence on top of 2 ' stone wall) , on the premises located at 118 Carleon Avenue , Larchmont , New York and subject to the following condition . 1 . That fence to be installed be of Redwood. FURTHER RESOLVED , .tihlt &nAaccirdance with Rules and Regulations of the Zoning Board where a variance is granted , the applicants shall obtain a building permit within three months of the filing of this resolution with Town Clerk. A building permit shall be void if construction is not started within six months and completed within two years of said permit . FURTHER RESOLVED , that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The secretary then read the next application . APPLICATION NO . 6 - Case 231 Application of Spartan Associates , Inc. for modi- fication of Article IV, Section 410 , Sehedule of Regulation& for Non-Residential Districts of the Zoning Ordinance so as to allow the construction of a building to be used for retail stores hav- ing a front setback of 40 ' from the Boston Post 707 Road, with parking in front of proposed build- ing instead of minimum required front setback of 75 ' where parking is provided in front of the building , on premises located at 36 Boston Post Road and known on the Tax Assessment Map ofrthe Town of Mamaroneck as Block 411 , Parcel 196 , on the grounds of practical difficulty and/ or unnecessary hardship . The following persons were heard : In favor: Mr . Thomas Fanelli , Attorney 271 North Avenue New Rochelle , New York Mr. Salvatore Franciosa , Contractor 29 Beech St . Mt . Vernon , New York In opposition : None Communications : None Mr . Fanelli explained that under the Ordinance a building for retail stores could be construct- ed at the property line on Boston Post Road , but that his client preferred a 40 foot setback which would place the building in line with the auto parts structure adjacent to the West and also provide greater visibility and traffic safety. 708 He further explained that because parking is (:2 proposed in front , under the Ordinance the building should be set back 75 feet . The structure is a wide open "V" running along the west side of the parcel and along the rear line with a driveway in back of the 40 ft . deep building to accomodate loading spaces . Minimum parking requirements will be met with 131 spaces provided. This com- prises 100 spaces for the new 10 ,000 sq . ft . retail stores structure and the 31 spaces re- quired for the existing international Pancake House on the east edge of the parcel . To meet the requirement for 131 spaces , 8 were planned in the 40 ft . setback between the proposed building and the Boston Post Road . At the suggestion of the Board , instead of 8 parking spaces , planting should be provided here and the sidewalk which runs along the front of the building be extended to the pro- posed sidewalk along the Post Road . Mr . Bierman stated that this variance of park- ing is conditional and that after operations begin , should the Building Inspector decide that these 8 spaces are needed , the owner must construct the parking spaces in accordance with the original plan within 30 days after written notice to the owner and complete the work with- in 6 months . Mt. Fanelli agreed that this substitute plan was excellent and that his client was not dis- turbed by the possible increased cost should the plantings have to be ripped out and black- top installed . There was no opposition . Mr . & Mrs . Irving Taub of 10 Copley Road inquired whether separate en- trances and exit$:were planned . They were in- vited to view the plans which call for a drive- way to the rear of the stores and an entrance and exit for the parking area besides that . Following some further discussion , a vote was taken on this application which resulted as follows : Commissioner Bierman - Aye Commissioner Mullick - Aye Commissioner Wassman - Aye The application was therefore granted and the following resolution duly adopted : 709 WHEREAS , Spartan Associates , Inc . has aubmitted an application for a building permit to the Build- ing Inspector to allow the construction of a build- ing to be used for retail stores with a front set- back of 40 ' from the Boston Post Road parking in front of building , 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 Article IV , Section 410 , Schedule of Regulations for Non-Residential Districts which requires a front setback of 75 ' minimum where parking is provided in front of build- ing , and WHEREAS , Spartan Associates , Inc . has submitted to this Board an application for a variance on the grounds of practical difficulty and unnecessary hardship for the following reasons : 1 . Unsightliness - That if the building were placed on the westerly building line it would have the rear entrance loading platform and refuse containers of the first two stores in complete view of all northbound traffic . 2 . Beauty - That the front of the build- ing , lining up with the auto parts build- ing , will lend beauty to the entire area on an overall sight plane . 3 . Safety - That most important , the building erected on the westerly build- ing line would restrict the driver ' s view , while exiting from the parking area , to the barest minimum and be quite hazardous . As with plans submitted , safety would be increased by no less than 400% , the viewing of incoming traffic . WHEREAS , this Board has examined the plans and also viewed the property and 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 condthttpns are peculiar to such land and/or building and do not apply generally to the land/or 710 building in the district , and which cir- cumstances and conditions have not re- sulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or donditions are as follows : 1 . That if the building were placed on the westerly building line it would have the rear en- trance loading platform and re- fuse containers of the first two stores in complete view of all northbound traffic . 2 . That the front of the: building lining up with the auto parts build- ing , will lend beauty to the entire area on an overall sight plane . 3 . That the building erected on the westerly building line would restrict the driver ' s view, while exiting from the parking area , to the barest minimum and be quite hazardous . With plans submitted , ssafety would be increased by no less than 400% , the viewing of in- coming traffic . (c) That the granting of this variance will be harmony with the general pu r'- poses and intent of this Ofdinance and will not be injurious to the neighbor- hood or otherwise detrimental to the public welfare ; and it is FURTHER RESOLVED , that a variance is granted to the applicant and that Article IV, Section 410 be varied and modified so as to allow the con- struction of a building to be used for retail stores with a front setback of 40 ' from the Boston Post Road and parking in front of build- ing , on the premises located at 36 Boston':Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 411 , Parcel 196 , in strict conformance with the plans filed with this application as 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 thh follow- ing conditions : 711 -ham 1 . That planting be provided in the area in front of the building where the 8 parking spaces were originally planned and that an extension of the sidewalk be in- stalled which is to run in front of the stores to the new sidewalk on the Boston Post Road . 2 . That after operations begin , should the Building Inspector de- cide that the 8 spaces are needed for parking , that the owner must convert planted area into parking spaces to match the entire area, beginning within 30 days after written notice and completed with- in 6 months . 3 . That the area be curbed from building line to sidewalk . 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 build- ing permit shall be void if construction is not started within six months and com- leted within two years 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 : 10 p .m. Le Esta E . Davis , Secretary 712