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HomeMy WebLinkAbout1963_12_01 Zoning Board of Appeals Minutes MINUTES OF A SPECIAL MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD DECEMBER 1, 1963 , IN THE COURT ROOM OF THE TOWN OF MAMARO- NECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 12:00 noon. PRESENT: Sydney D. Bierman, Chairman Robert B. White Henry E. Mullick E. Robert Wassman ABSENT: Richard Eggers MINUTES This being a special meeting held for the specific purpose of con- tinuing the hearing of Case No. 172, the reading of the minutes of the meeting held November 23 , 1963 was deferred until the next regular meet- ing of the Board. OLD BUSINESS - JOHN FRAIOLI - CASE 172 The hearing on this application having been adjourned from the meeting held November 23 , 1963 was resumed. For Appellant: John D. Fraioli 91 Valley Road Larchmont, New York Alfred Willis, Architect 132 Larchmont Avenue Larchmont, New York Joel C. Wolff 97 Valley Road Larchmont, New York Lawrence Schneider 87 Valley Road Larchmont, New York In Opposition: None Mr. Willis, representing the applicant, presented plans dated and filed with the Building Inspector November 26, 1963 providing for a parking area with an up grade of 1'6" and a depth of 28'6" and a width at the front of 18'6" and 14'6" at the rear with stairs along the southerly retaining wall from the parking area to the entrance to the house. The northerly retaining wall was located 5'6" from the northerly side line of the property. Mr. Bierman asked Mr. Fraioli if he would amend his plans so as to re- duce the width of the area to 14'6" to hide the stairway. He said he would and Mr. Willis revised the plans accordingly. The Chairman then asked Mr. Fraioli whether, if a variance were granted, the work would be done by him or by a contractor. Mr. Fraioli said he would have a contractor, but that he would assist him to a large extent. Mr. Bierman asked how long it would take to complete the job if the plans were approved. Mr. Willis estimated from four to six weeks, weather permitting. 502 Messrs. Schneider and Wolff again stated that they are primarily inter- ested in seeing that the job be completed as soon as possible for the safety and esthetic benefit to the neighborhood. Following some discussion, the Chairman stated he would like to vote on the application and that the Board, in voting, would rely on Mr. Willis' estimate of construction time. A vote having been taken resulted as follows: Commissioner Bierman Aye Commissioner White Aye Commissioner Wassman Aye Commissioner Mullick Aye The following resolution thereupon was adopted: WHEREAS, John Fraioli has submitted an application for a building permit to the Building Inspector so as to allow the construction of an off-street park- area at the existing dwelling, 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 Section 455.2 of said Ordinance, which provides for layout and location of off-street parking facil- ities, etc. ; and WHEREAS, John Fraioli has submitted to this Board an application for a var- iance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Impossible to drive up steep driveway into garage without damage to the car. Also very dangerous to leave car parked on same steep driveway. 2. Forced to leave car parked on street in spite of police warning. 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, 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 conditions 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 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. The driveway to existing garage is too steep to permit applicant's stationwagon to enter garage. 503 2. The driveway is too steep to permit a parked car to stand there safely. 3. Parking car on street at night is illegal 4. To change the grade or location of the garage is very expen- sive. 5. To lower the floor of the existing garage would endanger the footings. which said circumstances and/or conditions are such that the particu- lar application of the Ordinance with respect to Section 410 would deprive the applicant of the reasonable use of such land and/or build- ing and that for these reasons the granting of the variance is nece- ssary for the reasonable use of the land and/or building 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 variance is hereby granted to the applicant and that Article IV, Section 455.2 be varied and modified so as to allow the construction of an off-street parking area , with an up grade of 1'6", depth of 28'6", width at front 18'6" and width at rear 14'6",at the existing dwelling, on the premises located at 91 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114, Parcel 108, in strict conformance with the plans filed with this application, and amended, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaro- neck and subject to the following conditions: 1. The off-street parking area is to be constructed only in accordance with the plans of Alfred Willis, dated and filed November 26, 1963, as.revised December 1, 1963. 2. The usage of the facilities is to be limited to one passenger car. 3 . The required work must be commenced promptly and be completed no later than January 31, 1964, with the exception of black topping and planting which may be deferred to not later than April 30, 1964. 4. The variance shall not become effective, and there shall be no usage of the area, until final completion of the work, other than the de- ferred black topping and planting, and until a written certificate of completion has been filed with this record by the Building In- spector. 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 and said permit to become void if work not completed by January 31, 1964, as herein above provided. FURTHER RESOLVED, that this decision to 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 1:15 p.m. . 504 Secretary C 0 505