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HomeMy WebLinkAbout1968_09_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD SEPTEMBER 26, 1968, 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 Absent: Mr. Russell G. Pelton Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the regular meeting of August 28, 1968 and the special meeting of September 11, 1968 were presented and on motion duly made and seconded, approved as submitted. BUDGET FOR 1969 The budget for the year .1969 was presented to the members of the Board and on motion duly made and seconded approved. 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 explained to the applicants and other spectators in the audience that as Mr. Wassman was detained if any of the cases were heard with only three members of the Board present they would have to be passed unanimously. It was decided to hear the first case before Mr. Wassman appeared. The Chairman requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 298 Application of Mrs. Hortense DelGuercio for modifi- cation of Article IV, Section 444 Conformitk as to Use, so as to permit and allow the Building Inspec- (ad tor to issue a Certificate of Occupancy which will conform with the present Zoning Ordinance for an existing dwelling having a front setback of 25.98 feet instead of the required 30 feet front setback on the premises located at 11 Harmony Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 603 on the grounds of practical difficulty and/or unnecessary hardship. The Chairman explained that this case had been heard by the Board at its July 24, 1968 meeting. Mr. Hunter Meighan, who represented the applicant, presented the case to the Board and explained that in 1966 the Title Guaranty Company had made an in- spection of the property and revealed that the house had a front setback of 28.23 feet instead of the required front setback of 30 feet. Mrs. DelGuercio, who just recently purchased the house had another title search made by a different company. The new inspection showed that the front setback was actually 25.98 feet as the garage extended another 3 feet toward the front property line. Mr. Meighan stated that the new buyer of the house, Mrs. DelGuercio was not willing to completely consumate the deal unless an up-to-date Certificate of Occup- ancy could be issued stating that the residence could be occupied as a one family residence in its present location. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Mullick - Aye Commissioner Topping - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mrs. Hortense DelGuercio has sub- mitted an application to the Building In- spector for a Certificate of Occupancy to use the dwelling as a one family resi- dence in an R-6 Residential District; and WHEREAS, the Building Inspector has refused to issue such Certificate of Occupancy on the grounds that the existing structure was built in violation of the former Zoning Ordinance; and WHEREAS, Mrs. Hortense DelGuercio has sub- mitted to this Board an application for a variance on the ground of practical dif- ficulty and/or unnecessary hardship for the following reason: � Ci6� The applicant, who is the new owner had a new inspection made by the Title Company which showed that an error had been made and because of the extension to the garage there is a front setback of 25.98 feet instead of the front setback of 28.23 feet for which a variance had been granted for a Certificate of Occupancy at the July 24, 1968 meeting. WHEREAS, this Board has examined the ap- plication and has heard all persons inter- ested in this application after publica- tion 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 build- ings 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 said circumstances or conditions are such that the par- ticular application of the Ordi- nance with respect to Article IV, Section 444, Conformity as to Use 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 purpose. (c) That the granting of this variance will be in harmony with the general purposes and intent of this Ordinance and will not oo 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 444, Conformity as to Use be varied and modified so as to allow the dwelling located at 11 Harmony Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 603 to be used as a one family dwelling. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a Certificate of Occupancy within three months of the filing of this Resolution with the Town Clerk. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Board decided to hear the application for the Hampshire Country Club next. This application had been adjourned at the previous meeting because of insufficient drawings. Mr. D'Angelo had brought in new drawings and each of the Board members had been sent a copy of the plan. Mr. Delius, the Attorney, who represented the Club stated that he had nothing further to say from what had been said at the previous meeting. Mr. D'Angelo stated that the Surveyor had made an error on the drawing and that at the previous meeting the plan had been amended for the fence to be 6' high instead of 8' high from the fan tail at the pond to approx- imately 50 feet south of the Village and Town line along Eagle Knolls Road. Mr. D'Angelo, also, said that it was necessary to have a 12' gate for the heavy trucks that make de- liveries to the Club grounds as it is impossible for the trucks to go across the golf course. Mr. Eggers pointed out to Mr. D'Angelo that he was most concerned about the section of fence at the junction of Hommocks and Eagle Knolls Roads where there is a stone retaining wall because of the chil- dren walking on the road. Mr. D'Angelo agreed to amend the application to move the fence further back on the Club's property at a point about 25 feet sou- therly from the Section 3 property line to where the stone retaining wall is located. It was, also, pointed out that the Club has been , ( o e 41- — putting in fill and in certain sections in consequence the fence will be about 9'6" on the Club's side of the property and approximately 6'6" on the Hommocks Road side. Dr. Benford of 45 Hommocks Road presented a letter from Mrs. Benford which she requested be read aloud at the meeting. Mrs. Benford stated that although she was originally in favor of the application she was now opposing the 8' fence. Mrs. Benford said that although she recognized the possible necessity for a fence she was opposed to the 8' fence and that a 6' fence would do the job as well as the 8 ft. Mrs. Benford, also, said in her letter that under the present plan there are many sections where the fence will be only 4' or there will no fence at all, which means the 8' sections are less than logical since there remain many points of easy access to the Club grounds. Because of this Mrs. Benford said that the only logical step would be for the Club to enclose itself totally with an 8' fence which she strongly objected to as a blight upon the whole character of the community and she felt the only place there was a reasonable need for an 8' fence was in the Village of Mamaroneck along the wooded area below MacDonald's. Mrs. Benford, also, stated that if the Board allowed the variance a precedent would be set by the Board and they and any of the other neighbors would feel that if they applied for a variance for an 8' fence on their own property it should be granted with the same consideration shown the Club. The Chairman explained that the Zoning Board does not establish precedents and that each case is voted on for its particular merits. Mr. Ralph Junge of 49 Hommocks Road still maintained that the Hampshire Country Club should put up the 4' fence and after trying the 4' fence if they could show hardship they should then be allowed to put up an 8' fence. Mrs. Keiser of 22 Rock Ridge Road said that she wanted to know whether the Hampshire Country Club was going to be content with the present plan or whether they would apply again if they found the present plan totally inadequate. The Chairman pointed out that the Zoning Board did not have the power to restrict the Club from appearing again after the legal time. Mr. Purcell of 14 Rock Ridge Road had telephoned the Secretary on September 16, 1968 and wanted to express his approval for the record of the 8' fence. After further discussion the Chairman called a short recess to discuss the application. When the Board r Do J) returned 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 The amended application was therefore granted and the following Resolution duly adopted: WHEREAS, the Hampshire Country Club has submitted an application to the Building Inspector for a building permit for the erection of 1300 lin. ft. of 8 ft. or 6 ft. high chain link fence along the nor- therly and westerly boundary line on the premises located at Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 414 Parcel 1, as shown on the survey map as amended; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that erection of said fence would violate Ar- ticle IV, Section 421.4 Walls and Fences of the Zoning Ordinance of the Town of Mamaroneck; and WHEREAS, the Hampshire Country Club has agreed to amend the application, and WHEREAS, the Hampshire Country Club has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reason: It is necessary for the Club to have the 8' or 6' fence to pro- tect the property from trespassers. WHEREAS, this Board has examined the plan, 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 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- ( b0o ij 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. It is necessary to have the 8' or 6' fence to keep tres- passers off the Club property. 2. The Club agreed to amend the plan and move the fence further back on the property near the junction of Hommocks and Eagle Knolls Road, and to limit the height of the fence to 6' from the fan tail at the pond to approxi- mately 50 feet south of the Village and Town line along Eagle Knolls Road. 3. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV, Section 421.4 Walls and Fences would deprive the applicant of the reasonable use of such land and/or building and that for these rea- sons the granting of the variance is nece- ssary for the reason- able 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 to(,. 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 421.4 Walls and Fences be varied and modified so as to allow the erection of 1300 lin. ft. of 8 ft. or 6 ft. high chain link fence as hereinabove recited along the northerly and westerly boundary line on the premises located at Hommocks Road and known on zhe Tax Assessment Map of the Town of Mamaroneck as Block 414 Parcel 1 in strict conformance with the plans filed with this application and am- ended, 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 six months and com- pleted 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 asked the Secretary to read the second application. APPLICATION NO. 2 - CASE 299 Application of Mr. Rudy Novak for modification of Article IV, Section 410, Schedule of Non-Residential Districts for a "B" Business District so as to allow the construction of a one story addition at the rear of the present building which will increase the to- tal building coverage 11% above the maximum allow- able 25% on the premises located at 1331 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 411 Parcel 119 on the grounds of practical difficulty and/or unnecessary hardship. O Mr. Rudy Novak presented his application and asked that the letter he had submitted with his applica- tion containing his reasons for wanting this vari- ance be read aloud. Mr. Wassman read the letter which stated that the property in question had been foOS under one ownership since before 1958 and at the © time the Master Plan was adopted the land was divi- ded into two separate zonings, 100 ft. was zoned commercial and the remaining 200 ft. was zoned res- idential but the situation was eliminated by a Court Order about 5 years ago and the entire property is P Y .II now zoned commercial. Since the new Hommocks School is opened there are many problems and there is no possibility of acquir- ing more land. There is need for parking facilities and Mr. Novak proposed to put parking facilities in the rear of the store. After careful study it was decided that the exit should be opposite the existing entrance gate so that the cars leaving the premises do not congest the flow of traffic during school rush hours. Mr. Novak intends to enclose the rear portion of the property with a wirelink fence which will be hidden by shrubbery. The applicant explained in his letter his main reason for wanting the structure which will be of the same architecture as the pre- sent building is for storage purposes. Mr. Novak, also, intends to remove the two aluminum shacks which are presently at the rear of the store and for which he obtained a variance several years ago. It has been necessary for Mr. Novak to store a great part of his merchandise outside in the rear of the store which is not only an unsightly situa- tion but the merchandise has suffered to a great extent from the elements. Mr. Novak feels that the view from the school build- ing which is at the rear of his property will be greatly improved and the appearance of the entire property will be enhanced and will be beneficial to the entire neighborhood. When Mr. Wassman finished reading the letter it was pointed out that a portion of the new building would be used for display so that the customers entering from the parking lot will not have to be taken into the storage area. Mr. Joseph F. Curran, an Attorney, for the Board of Education stated that the Board of Education had asked the Architects of the new school, Perkins and Will for their opinion and they had reported back. Perkins and Will were disturbed from an aesthetic point of view at the sight of the aluminum shacks I: and hoped that the application would be improved. Mr. Curran said that the Board of Education felt that the only two parties that should be most inter- ested in the approval of the application was the Town of Mamaroneck who owns the property on both ( oat sides of the school and the Board of Education. Dr. Benford stated that he approved from the stand- point of an interest in community spirit. A representative of Bose and Parker who are across the street spoke and said they felt the addition would greatly improve the property and were in favor of the application. Mr. Mayone from the Larchmont Motel said he approved. A letter was received from Hory Chevrolet stating they were in favor and felt the change would be bene- ficial to the neighborhood. A question was raised as to the purpose of the recess and Mr. Novak explained that at the rear of the build- ing adjacent to Old Hommocks Road he wanted to leave a space for the loading and unloading, particularly the large trailer trucks. Also, there is an oil tank underneath and Mr. Novak did not think it was a good idea to construct the building over the oil tank. The applicant said that he expects to pave and mark the parking area. After further discussion the Chairman called a short recess and when the Board returned a vote was taken on the application. The result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Nay Commissioner Mullick - Aye Commissioner Topping - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Rudy Novak has submitted an application for a building permit to the Building Inspector for the construction of a one story addition at the rear of the present 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 the Zoning Ordinance of the Town of Mama- roneck with particular reference to Article IV, Section 410, Schedule of Non-Residen- tial Districts for a "B" Business District which requires a maximum building coverage of 25% on the premises located at 1331 QBoston Post Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 411 Parcel 119; and (d / WHEREAS, Mr. Rudy Novak 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. The applicant is in need of indoor storage space as it has been necessary to leave a great part of his merchandise outside and this has caused thousands of dollars worth of damage over the years. 2. Due to the construction of the new school, parking is not permitted in the streets. 3. Because of the location of the property which is completely surrounded by streets it is im- possible to acquire additional land. 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 Zoning Regulations appealed from. (b)That the aforesaid circum- stances and/or conditions are as follows: O1. The Board felt that the addition would improve the appearance of the property by to If the removal of the two metal buildings. 2. The additional park- ing facilities will help the flow of traf- fic near the new school. 3. Because of the ad- ditional storage space the applicant will not have to leave his mer- chandise outside. 4. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV Section 410 Schedule of Non-Residential Dis- tricts for a "B" Busi- ness District 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 this Board is the minimum adjust- ment that will accom- plish this purpose. (c) That the granting of the 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 Non-Residential Districts for a "B" Business District so as to allow the construction of a one story addition at the rear of the present build- ing on the premises located at 1331 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 411 Parcel 119 in strict conformance with l0 1 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 six months and com- pleted 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 9:30 p.m. (.( Rita A. Johnson, Secretary