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HomeMy WebLinkAbout1983_04_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD APRIL 27, 1983, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. 'sow, CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. A. William Boraczek, Chairman Mr. Egbert R. Hardesty Mr. Peter G. Moore Mr. Stephen K. Carr Mr. Peter D. Mosher APPROVAL OF MINUTES The minutes of the meeting of March 23, 1983 were presented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. CMr. Boraczek asked the Secretary to read the first appli- cation which had been adjourned from the last meeting. APPLICATION NO. 1 - CASE 621 Application of Dr. Maurice E. Serling for modification of Article IV Section 89-21 A & C [4[ "Permitted Princi- pal and Accessory Uses" in an R-6 One Family Residential District and Article XI Section 89-67 A,B&D "Off-street Parking Facilities" which does not permit off-street park- ing facilities to be developed for business use on adjoin- ing separate lots in residential districts to allow the construction of off-street parking facilities for a busi- ness use being conducted at 6 Weaver Street on a separate adjoining residential parcel and constructed 19 ft. back from front property line instead of the required 25 ft. setback on the premises located at 6 Weaver Stret and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 173 on the grounds of practical difficulty and/or unnecessary hardship. Dr. Serling returned with an amended plan showing four parking spaces and the Board pointed out that the parking area had been cut down considerably from the spaces that had previously been requested. The proposed parking area will be 19 ft. from Weaver Street and the Board asked Dr. 'slaw Serling if his application was approved if he intended to do the work right away. Dr. Serling said he did not expect to start the work until the State approved the con- 4ss. 11 struction for widening Weaver Street. It was brought to the attention of the Board that there had been an article in the paper that the State had approved the work and ex- pected to start the work within the year. Mrs. Fuhrmann of 11 Winthrop Avenue asked about the screen- ing and Mr. Degina of 27 Weaver Street and Mrs. Dodenoff of 23 Weaver Street whose house adjoins the proposed park- ing area all said that at present Dr. Serling only has two cars at the most parking on the site. Dr. Serling said that at present some of his clients park in the Dol- lar Savings Bank lot but he doesn't know how long they will allow them to do this. Mr. Degina said he never sew more than three cars on Dr. Serling's property. Mrs. Dodenhoff, also, questioned about the drainage and Dr. Serling said that he did not feel the construction would have any affect on the drainage. Dr. Serling stated that he is not there 24 hours a day but has two employees. Dr. Serling said one of his employ- ees at present is ill and has been out for a long time and he tries to arrange it that he has only two clients at one time. After a brief discussion with the Board, the applicant and the neighbors the Board asked Dr. Serling if he would be willing to add hedges on three sides of the new park- ing spaces. Nam.' After further discussion the Board decided if the appli- cant was willing and if the application was approved they condition the approval on the planting of the hedges and allow Dr. Serling one year to start construction depend- ing on when the State starts their project. Dr. Serling agreed and the Board decided to vote on the application. The result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution was adopted: WHEREAS, Dr. Maurice E. Serling has submitted an application to the Building Inspector to al- low the construction of off-street parking faci- lities for a business use on a separate adjoin- ing residential parcel and constructed 19 ft. back from front property line 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 Or- dinance of the Town of Mamaroneck with particu- lar reference to Article IV Section 89-21 A & C [4] "Permitted Principal and Accessory Uses" in an R-6 One Family Residential District and Article XI Section 89-67 A,B & D "Off-street Parking Facilities" which does not permit off- street parking facilities to be developed for business use on adjoining separate lots in resi- dential districts and requires a 25 ft. setback from the front property line on the premises located at 6 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 173; and WHEREAS, Dr. Maurice E. Serling has submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. In order for the applicant's veter- inary services to continue to be avail- able in an accessible way it is essen- tial that his clients be able to park close to his office and hospital. 2. It is frequently necessary for a sick or injured dog to be carried and (:: all cats are carried which presents a physical burden that many people can- not cope with if they cannot park close to the office. 3. In an emergency it would conceivably create the need to park illegally. 4. When the applicant purchased the property 40 years ago there were no restrictions on the south side of the street that would have adversely affected him. 5. The applicant provides spaces for the people who work for him off of Weaver Street and because of the recent change in parking regulations he now needs off-street parking for his clients. 6. A variance in the use of the pro- perty contiguous to 6 Weaver Street [business property] would provide some extra parking and reduce the hardship of the new restrictions. WHEREAS, this Board has examined the plans, reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT 1 V RESOLVED, that this Board granted the applica- tion on the following grounds: (:: [a] That there are special circum- stances and conditions applying to the land for which a variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. [b] That the said circumstances and/ or conditions are as follows: 1. The applicant has agreed not to start construction un- til the State begins widen- ing Weaver Street. 2. The applicant amended his plan to provide for four extra parking spaces and has agreed to plant hedges on three sides of the proposed parking area. �► 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article IV Section 89-21 A & C [4] "Permitted Principal and Accessory Uses" in an R-6 One Family Residential District and Article XI Section 89-67 A,B & D "Off-street Park- ing Facilities" would de- prive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board is a minimal adjustment that will accom- plish this purpose. 4. That the granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted 11 and that Article IV Section 89-21 A & C [4] "Per- mitted Principal and Accessory Uses" in an R-6 0$6.^ One Family Residential District" and Article XI Section 89-67 A,B & D "Off-street Parking Facilities" of the Zoning Ordinance be varied and modified so as to allow the construction of off-street parking facilities for a business use on a separate adjoining parcel and constructed 19 ft. from front property line on the premises located at 6 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 173 in strict conformance with plans filed with this application subject to the fol- lowing conditions provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mama- roneck. 1. The applicant be allowed one year to start construction depending on when the State starts the work on the widening of Weaver Street. 2. That the applicant plant hedges on three sides of the new parking spaces. 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 next appli- cation. APPLICATION NO. 2 - CASE 622 Application of Mr. J. Donatelli for modification of Ar- tice VI Section 89-33 Subsection B [1] "Construction Re- quirements for a One Family R-10 Residence District" which requires a minimum front yard setback from street lines of 30 ft. to allow the construction of one story additions to the northerly and westerly side of the dwelling creat- ing front setbacks of 15.9 ft. and 28.05 ft. from Forest Avenue on the premises located at 768 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 76 on the grounds of practical dif- ficulty and/or unnecessary hardship. Mr. and Mrs. Donatelli both appeared before the Board and said the purpose of the greenhouse is to extend the kitchen area which is presently small. Mr. Donatelli said the porch addition is to allow the house to conform aesthetically with the existing residence and the house (:: is set high so he does not think his neighbors will be effected. The applicants presented the Board with letters from five of their neighbors saying they had reviewed the plans and did not find the additions objectionable. The Board asked about their neighbor next door and Mrs. Donatelli said she had a letter at home from Mrs. Malagrande of 758 Forest Avenue which she had forgotten to bring. The Chairman asked her to bring the letter into the Secretary the next morning. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Moore - Aye Commissioner-Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. J. Donatelli has submitted an appli- cation to the Building Inspector to allow the construction of a one story addition of a green- house at the northerly side of the dwelling creat- ing a front setback of 15.9 ft. and a proposed new porch at the westerly side of Forest Avenue creating a front setback of 28 ft. , 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 VI Sec- tion 89-33 Subsection B [1] "Construction Require- ments for a One Family R-10 Residence District" which requires a minimum front yard setback of 30 ft. on the premises located at 768 Forest Ave- nue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 76; and WHEREAS, Mr. J. Donatelli has submitted an appli- cation to this Board for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1. The original house size is rela- tively small and the applicant needs room to accommodate his family which has grown from two to four since they bought the house. 2. The applicant also needs additi- tional space to accommodate a parent for extended periods of time. 3. The kitchen expansion would allow for an energy efficient greenhouse which will improve the overall energy Pr conservation of the heating system. 4. Because the house is at a much higher elevation than the street and it is a corner location it would not compromise the neighbors. 5. The front porch is being used to allow the extension to conform aestheti- cally with the existing house. WHEREAS, this Board has examined the plans, re- viewed 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 applica- tion on the following grounds: [a] That there are special circum- stances and/or conditions applying to this land for which the variance is sought, which circumstances and/ or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. [b] That the said circumstances and/ or conditions are as follows: 1. That the proposed ad- ditions will provide extra room for the applicant's family. 2. Because of the topography of the lot the additions will not affect the neigh- bors. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-33 Subsection B [1] "Con- struction Requirements for a One Family R-10 Residence District" would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance as granted by this Board I is a minimal adjustment that will accomplish this purpose. 4. That the granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neigh- borhood or otherwise detri- mental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 Subsection B [1] "Construction Requirements for an R-10 One Family Residence District" of the Zoning Ordinance be varied and modified so as to allow the construc- tion of one story additions to the northerly and westerly side of the dwelling creating front set- backs of 15.9 ft. and 28.0 ft. from Forest Avenue on the premises located at 768 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 76 in strict con- formance with plans filed with this application 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 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 building permit shall be void if construction is not started within six months and completed 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 next appli- cation. APPLICATION NO. 3 - CASE 623 Application of Mr. Walter McTeigue, Jr. for modification of Article VIII Section 89-44 D of the Zoning Ordinance which does not permit retaining walls in a residential district exceeding four feet in height to allow the con- struction of approximately 178 1. f. of stone retaining wall along the southerly and westerly property lines hav- ing a maximum height of 8 ft. on the premises located at 70 Lookout Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Parcel 332 on the grounds of practical difficulty and/or unnecessary hard- ship. Mr. McTeigue appeared before the Board and said that his property is a very high spot with a drop of 20 ft. from the front to the rear. The applicant said he had lived in the house next door and there was a retaining wall in the back yard with a garden. Mr. McTeigue stated that the property he now owns had been neglected by the pre- vious owner and because of erosion and washoff there is an overgrowth of weeds and unsightly brush. The appli- cant stated that he hopes to build a retaining wall and put in a garden. Mr. McTeigue, also, said that he has lived in the community for 54 years and his neighbors now look at a jungle. A suggestion was made that Mr. McTeigue could terrace the property and have a 4 ft. re- taining wall. The applicant said he had considered it. Mr. and Mrs. Joseph Merolla of 21 Hillside Road both spoke in opposition to the application and Mrs. Merolla showed photographs. Mr. Merolla said that Mr. McTeigue had bought the house knowing the situation and from his kitchen win- dow they would look at the wall. Mr. Paul Steinborn of 25 Hillside Road spoke against the application and Mrs. Amy Jacobson of 15 Hillside Road said all of the three neighbors have small back yards and they love them. Mrs. Jacobson said they would not like to look at an 8 ft. wall but a 4 ft. terrace would be a more appropriate solution. Mr. Emil Kortchmar of 43 Hillside Road said he had lived there for 35 years and from his property he would see the wall. Mr. Kortchmar said it has always been a pretty area and he was against the application. Mr. Lloyd Greene of 40 Lookout Circle said he was more concerned about drainage and Mr. McTeigue said his Engi- neer had taken into consideration the problem of drain- age and had drawn safeguards for drainage into the plan. A concern was expressed that the higher the wall the less aesthetically pleasing it would be. Mr. Jacobson said he was concerned about the water coming over the top of the wall and Mr. Merolla said their con- cern was about the wall toppling over or someone dropping something over the top. After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Boraczek - Nay Commissioner Hardesty - Nay Commissioner Moore - Nay Commissioner Carr - Nay Commissioner Mosher - Aye The application was therefore denied and the following Resolution adopted: libr 1111 WHEREAS, Mr. Walter McTeigue has submitted an application to the Building Inspector to allow the construction of approximately 178 l.f. of stone retaining wall along, the southerly and westerly property lines having a maximum height of 8 ft. , 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 VIII Section 89-44 D of the Zoning Ordinance which does not permit retaining walls in a resi- dential district exceeding four feet in height on the premises located at 70 Lookout Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 1244 Parcel 332; and WHEREAS, Mr. Walter McTeigue has submitted an application to this Board for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons: 1. Because the property is steep there is erosion and wash off onto neighbor's property. 2. The result of this condition is over growth of weeds and unsightly (:: ; brush due to abandonment by previous owner. 3. Applicant intends to retain and fill with soil, plant a garden and do landscaping. WHEREAS, this Board has examined the plans, reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board denied the applica- tion on the following grounds: 1. That the applicant was aware of the condition of the lot at the time he purchased the property. 2. That the Board felt there were other solutions without construction of an 8 ft. wall. (:: 3. That there are no special circum- stances or conditions applying to the land for which the variance is sought, which circumstances or con- ditions are peciular to such land in the district. 4. 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. 5. That the granting of the variance would not be in harmony with the general purposes and intent of the Ordinance and would be injurious to the neigh- borhood or otherwise detrimental to the public welfare. 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 last applica- tion. APPLICATION NO. 4 - CASE 624 Application of Mr. Richard D. Hoyt for modification of Ar- ticle VIII Section 89-44 A "Supplementary Regulations" which C requires a minimum side and rear setback for paved terraces of 5 ft. from property lines without walls or other forms of enclosures to allow the construction of a depressed paved terrace to be enclosed with retaining walls on the premises located at 9 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 626 on the grounds of practical difficulty and/or unnecessary hard- ship. Mr. Hoyt appeared before the Board and said he wants to build a brick terrace depressed about 15" below. The ap- plicant said that his reason for depressing the terrace is to have additional screening and he intends to enclose the terrace with a brick retaining wall. Mr. Hoyt presented the Board with a letter signed by four of his neighbors in which they all said they had reviewed the plans and were in agreement with them. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye Nave The application was therefore approved and the following Resolution was adopted: WHEREAS, Mr. Richard D. Hoyt has submitted an /s,, application to the Building Inspector to allow the construction of a depressed paved terrace to be enclosed with retaining walls having a 3 ft. setback from rear property line; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Or- dinance of the Town of Mamaroneck with particu- lar reference to Article VIII Section 89-44 A "Supplementary Regulations" which requires a minimum side and rear setback for paved terraces from property lines of 5 ft. without walls or other forms of enclosures; and WHEREAS, Mr. Richard D. Hoyt has submitted an application for a variance on the ground of prac- tical difficulty and/or unnecessary hardship for the following reasons: 1. There is no other area on the pro- perty that is suitable for terrace location. WHEREAS, this Board has examined the plans, re- viewed 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 applica- tion on the following grounds: [a] That there are special circum- stances and conditions applying to the land for which the variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. [b] That the said circumstances and/ or conditions are as follows: 1. That there is no other location on the property for the depressed terrace and retaining wall. 2. That said circumstances or conditions are such that 41411., the particular application of the Ordinance with res- pect to Article VIII Sec- . tion 89-44 A "Supplementary Regulations" would deprive the applicant of the reason- able use of the land and/or building and that the vari- ance as granted by this Board is a minimal adjust- ment that will accomplish this purpose. 3. That the granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VIII Section 89-44 A "Supple- mentary Regulations" be varied and modified so as to allow the construction of a depressed paved terrace to be enclosed with retaining walls hav- ing a 3 ft. rear yard on the premises located at 9 Dante Street and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 122 Parcel 626 in strict conformance with plans filed with this application provided that the appli- cant 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 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 building permit shall be void if construction is not started within six months and completed 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 befor this meet- ing it was adjourned at 10:15 P.M.:-) ita . Johns ecretary