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HomeMy WebLinkAbout1969_11_05 Zoning Board of Appeals Minutes MINUTES OF A SPECIAL MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD NOVEMBER 5, 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 8:20 P.M. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. Henry Mullick Mr. Price H. Topping Mr. Russell G. Pelton Absent: Mr. E. Robert Wassman Also present: Mr. William Paonessa, Building Inspector The meeting was delayed until a call was made to Mr. Wassman's home when it was determined that Mr. and Mrs. Wassman had unexpectedly been called to the City and Mr. Wassman would be unable to attend the Zoning Board Meeting. The Chairman explained to the applicants that because only four members were present the vote for approval would have to be three to one and if they did not want to have the application heard they had the pri- vilege of withdrawing the application until another meeting when five members would be present. After Mr. Spellman and his Attorney conferred they decided to have the application heard. 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 316 Application of Mr. Edward J. Spellman for modifica- tion of Article IV Section 400.4 Subdivision of a Lot and Article IV Section 410 Schedule of Residence District Regulations for an R-20 Residential Dist- rict of the Zoning Ordinance, so as to allow the con- struction of a one family dwelling on a separate lot having less than the required area on the pre- mises located at 1034 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 346 part of Parcel 244 on the grounds of 61) practical difficulty and/or unnecessary hardship. The Chairman explained that this application had been heard previously and been denied but Mr. Spell- man's Attorney had requested a rehearing of the case. The Board had decided to rehear the application and a Special Meeting was being held. Mr. Spellman was represented by Mr. Joseph B. Glatt- haar of the law firm of McCarthy, Fingar, Gaynor, Sullivan and Donovan of 175 Main Street, White Plains, New York, who stated that Mr. and Mrs. Spellman had bought the property and closed title in January 1960. Mr. Glaathaar said that when the Spellman's bought the property they were told by the former owner, Mr. Tannis and the real estate broker that they had a buildable lot beside the lot their home was con- structed on. The applicants claimed that one of the essential elements in their purchase was the fact that if at some later date they wanted to they could sell the other lot as a buildable lot. Mr. Glatthaar pointed out that according to the pre- sent zoning law passed in 1959, 20,000 square feet is required for a buildable lot and the lot in ques- tion contains 18,762 square feet which is approxi- mately 96% of the square footage required. The pro- posed house will comply with all the other require- ments regarding setbacks, etc. and there is no in- dication that any other variances would be needed. Mr. Glatthaar also stated that if the Board refused to grant the variance it would create a hardship for the applicant as they would not be able to use the lot in question which is only approximately 6% short of the area requirements. Mr. Eggers questioned Mr. Paonessa regarding the section of the Zoning Ordinance in reference to the zoning modifications for subdivisions. Mr. Paonessa read Article IV Section 400.7 of the Zoning Ordinance which states that the Planning Board is authorized to modify the Zoning Regulations with respect to lot area and dimensions where for reasons of topo- graphy, shape or dimensions of the area, provided that the average size of the other lots shall be equal or greater than the required minimum area and that no more than 20% of the lots shown on the plat shall have less than the required minimum area and no lot shall have less than 80% of the minimum area. The Chairman asked Mr. Glatthaar about the letter from the Town Attorney he had mentioned at the ori- ginal hearing and Mr. Glatthaar explained that six months after Mr. Spellman had purchased the house he had written a letter to the Town for verification of what Mr. Tannis and the real estate broker had told him when he purchased the house. Mr. Richard Selig of 7 Bruce Road said that Mrs. Selig would read his notes in opposition to the ap- plication and that all his information had been ob- tained from Mr. Gould. Mr. Selig stated in his notes that Mr. Spellman had spoken to the Highway and Building Departments on several occasions about the water from Old White Plains Road that was coming on the Spellman and Selig properties. Mr. Selig said he had received a letter requesting him to allow the Town to build pipes from Mr. Spellman's land through his property to a small lake owned by Mr. Selig, but he did not want his lawn, trees and shrubs ripped up or the oil and chemi- cals to flow into his lake from the road which he felt would kill the fish he had it stocked with. Mr. Selig claims that the Department agreed with him and he was told that when Old White Plains Road was surfaced it should have been slanted to take the water away from Mr. Spellman's property. Mr. Selig, also, said that he felt that anyone who built a house on the lot in question would be building in a swamp and the Town of Mamaroneck taxpayers will have to foot the bill for the resurfacing of Old White Plains Road so that the water would run in the opposite direction. Mr. Selig, also, claims that Mr. Gould had told him that he made inquiry to the Westchester County Depart- ment of Health as to whether it was possible to put a septic tank on the lot in question and he was told he would not be able to obtain a permit because the fill was not adequate to absorb the water and the fields from the septic tank would run on to Mr. Selig's property. Mr. Gould told Mr. Selig he then reduced the size of the lot so it would not meet the require- ments of the Zoning law and sold it to Mr. Tannis. Mr. Gould then built the house Mr. Selig now owns and when he sold it to Mr. Selig he assured him that the lot in question was too small to build a house. Mr. Selig also stated that if a variance was granted eventually other properties along Old White Plains Road would have small houses built on them and they will not have the space and greenery they all now enjoy. It was pointed out that Mr. Gould had built his house about 16 years ago and sold it to Mr. Selig about 6 years ago. It was, also, pointed out that Mr. Spellman's house had been built in 1954 by Mr. Protano who purchased the property from Mr. Gould. The Chair- man pointed out that at the time the lots were sub- divided in 1954 prior to the present Zoning Ordinance 15,000 square feet was required for a building lot in this section. The Chairman said that the Zoning Board had no jurisdiction over Health Department problems and if the variance was granted Mr. Spell- man would have to obtain a permit from the Westchester County Health Department. Mr. Pelton stated that this application was for practical difficulty rather than hardship. It was also pointed out that Mr. Selig's house is higher because it is built on rock but slopes a little at the rear and there is a retaining wall of about 12' between the Selig and Spellman properties. The Board discussed the drainage problem that occurs on Old White Plains Road in front of the proposed building lot where there is a depression in the pave- ment which collects storm water and floods over onto the lot. This water is collected by a catch basin at the rear of the lot which finds its way to the ponds on Bruce Road. Mr. Selig stated that he felt if a variance was al- lowed it would set a precedent for others in the neighborhood to sell off their property. The Chair- man explained that the Zoning Board does not set "precedents" and if any one has the required property they have the right to build without permission from the Zoning Board. Mr. Klass Van Heel of 1032 Old White Plains Road expressed his objection to the application because he would not like a little house right next to his and if the Spellman's decided to sell there would be two little houses. Mr. Van Heel also stated that he was afraid if another house was there he would have water in his driveway or garage. Mr. Glatthaar pointed out that the proposed house will be no closer to any of the neighboring houses. After further discussion it was decided that the drainage was the important factor but if the variance is granted when the Spellman's request a building permit it will be necessary to get permission from the Westchester County Health Department and they will make sure that everything is done to their stan- dards. Mr. Spellman said he intended to put in from 3 to 4 feet of fill on the property which should help eliminate some of the drainage problem. The Chairman requested a short recess. When the Board returned a vote was taken on the application and the result was as follows: O Commissioner Eggers - Aye Commissioner Mullick - Aye Commissioner Topping - Nay Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Edward J. Spellman has sub- mitted an application for a building per- mit to the Building Inspector for the con- struction of a one family dwelling on a separate lot having less than the required area 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 Mamaro- neck with particular reference to Article IV Section 400.4 Subdivision of a Lot and Article IV Section 410 Schedule of Resi- dence District Regulations for an R-20 Residential District of the Zoning Ordi- nance which requires a minimum lot area of 20,000 square feet on the premises lo- cated at 1034 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 346 part of Parcel 344; and WHEREAS, Mr. Edward Spellman has submitted to this Board an application for a vari- ance on the ground of practical difficulty and/or unnecessary hardship for the fol- lowing reasons: 1. When the premises were pur- chased the applicant was given to understand that the adjoining parcel was a buildable lot. 2. Mr. Spellman will have a va- cant lot that cannot be sold be- cause it is not a buildable lot. 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 granted the ap- plication on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land/or building for which a variance is sought, which circumstances and/or conditions are peculiar to such land and/or fogy 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 circum- stances and/or conditions are as follows: 1. The proposed build- ing lot has a lot area in excess of the 80% of the area required for building lots in an R-20 Zone. 2. This condition was not brought about by Mr. Tannis or Mr. Spellman but was deve- loped before they pur- chased the land. 3. The proposed build- ing will comply with all other requirements of the Zoning Ordinance. (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 here- by granted to the applicant and that Article IV, Section 400.4 and Article IV Section 410 be varied and modified to permit the construction of a one family dwelling on a lot having an area of 18,762 square feet in an R-20 Residential District on the pre- mises located at 1034 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 346 part of Parcel 244, in strict conformance with 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 Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Board where a variance is granted, the ap- 1 ) OO plicant 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 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. /41,6 —/L-,,611-1A....., Rita A. Johnso , Secretary O O Ito( F