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HomeMy WebLinkAbout1983_03_02 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MARCH 2, 1983, IN THE COURT HOUSE, 1201 PALMER CAVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. 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. Stephen K. Carr Mr. Peter D. Mosher Absent: Mr. Peter G. Moore Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of December 1, 1982 were pre- sented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING CThe Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. Mr. Boraczek asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 613 Application of Mr. and Mrs. David Faust for modification of Article VI Section 89-20 Subsection C (3) "Permitted Accessory Uses in an R-20 Residence District" as permitted by the Building Code which requires a minimum front set- back of 40 ft. to allow the construction of a family swim- ming pool and appurtenances having a front setback of 25 ft. from Country Club Drive on the premises located at 4 Country Club Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 230 Parcel 230 on the grounds of practical difficulty and/or unnecessary hardship. Mr. and Mrs. Faust both appeared before the Board. Mr. Faust said it was obvious from the plan that the Archi- tect's solution because of the rock in the back yard was the only location for the proposed pool. (:: Mr. Hardesty asked if the pool could be turned around and Mr. Mosher questioned about the location of the ap- purtenances. Mr. Boraczek asked about the fence and Mr. 1 Paonessa said that the fence could be 6 ft. around the pool area. Mr. Carr questioned about the distance from C the property line and curb line. Mr. Paonessa told the members that the area for the filter equipment would have to be setback 5 ft. from the property line. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. David Faust have submitted an application to the Building Inspector to al- low the construction of a family swimming pool and appurtenances having a front setback of 25 ft. from Country Club Drive, 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 VI Section 89-20 Sub- section C (3) "Permitted Accessory Uses in an R-20 Residence District" as permitted by the Building Code which requires a minimum front setback of 40 ft. on the premises located at 4 Country Club Drive and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 230 Parcel 230;and WHEREAS, Mr. and Mrs. David Faust have submit- ted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1. The applicant's Architect advised that because of the rock and other topographic conditions, the proposed location of the pool is the only pos- sible location on the property. 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, CNOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion on the following grounds: —.� J [a] That there are special circumstances and conditions applying to the land for C which the variance is sought, which cir- cumstances 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. Because of the rock at the rear of the property the pool cannot be located in any other location. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-20 Subsection C [3] "Per- mitted Accessory Uses in an R-20 Residence District" would deprive the applicant of the reasonable use of the land and/or building C and that the variance as granted by this Board is a minimal adjustment that will accomplish this pur- pose. 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 VI Section 89-20 Sub- section C [3] "Permitted Accessory Uses in an R-20 Residence District" be varied and modified so as to allow the construction of a family swimming pool and appurtenances having a front setback of 25 ft. from Country Club Drive in strict conformance with plans filed with this application subject to the following condition and provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. That the pool filter equipment be setback a minimum of 5 ft. 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 the 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. 2 - CASE 614 Application of Mr. and Mrs. Nicola Arpaia for modification of Article III Section 89-12 "Lot Subdividing" and Article VI Section 89-33 Subsection A [1] and [2[ B [2] [b] "Con- struction Requirements for an R-10 One Family Residence District" which requires a lot area of 10,000 square feet, a lot width and street line frontage of 85 ft. and a total of both side yards of 25 ft. to allow the subdivision of a parcel of land into two separate building lots having lot areas of 5805 sq. ft. and 6254 sq. ft. and street line (:: frontage and lot width of 50 ft. and a total of both side yards of 20 ft. and 19.3 ft. on the premises located at 434 and 438 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 167 on the grounds of practical difficulty and/or unnecessary hardship. Mr. and Mrs. Arpaia appeared before the Board and were represented by Mr. Don Webster of Mt. Vernon. A letter was read written by Mr. Arpaia in which he stated that he had purchased the property in March of 1977 which at the time was occupied by the remains of a fire damaged house. The applicant further said in his letter that he intended to repair the house so he could save money to support his five children and in May when he purchased the house he was told he had to pay taxes for the whole year. The applicant didn't think that was right but at that time his taxes were $1700. and now five years later they are $4800. The Chairman asked the applicant what his hardship was and Mr. Arpaia said he is trying to keep his family to- gether and his daughter's rent has gone up to over $600. a month and he would like to build a house for her. Mr. Mosher said that since the Zoning Ordinance now requires a lot in the district in question to be 10,000 square feet he does not feel in good conscience he can approve the change even though he sympathizes with the applicant. 111 The applicant presented a letter to the Board with 30 sign- atures all stating that they did not think the proposed (:: house would cause any problems. Mr. McGarry of 419 Weaver Street, Mr. Sgroi of 454 Weaver Street and Mr. Abrahms of 423 Weaver Street all spoke in support of the application. They all agreed that Mr. Arpaia kept the area in good condition and has been an excellent neighbor. A letter was read from Mr. and Mrs. Perrin of 5 Rockland Avenue who opposed the application. Members of the Zoning Board had been sent a copy of the minutes of the Planning Board dated October 11, 1978 at which time the Planning Board had denied Mr. Arpaia's ap- plication for the subdivision of the property. Mr. Webster had presented the Board members with a copy of a Resolution from the Town of Cortlandt in which they give a new definition of "Accessory Apartment". The Town of Cortlandt has amended their Zoning Ordinance to permit accessory buildings in one family residences to be used as an accessory apartment. After further discussion the Board had decided to vote on the application and the result was as follows: C Commissioner Boraczek - Nay Commissioner :Hardesty - Nay Commissioner Carr - Nay Commissioner Mosher - Nay The application was therefore denied and the following Resolution adopted: WHEREAS, Mr. and Mrs. Nicola Arpaia have submitted an application to the Building Inspector to per- mit the subdivision of a parcel of land into two separate building lots having lot areas of 5806 sq. ft. and 6254 sq. ft. and street line frontage and lot width of 50 ft. and total of both side yards of 20 ft. and 19.3 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 III Sec- tion 89-12 "Lot Subdividing" and Article VI Sec- tion 89-33 Subsection A [ .] and [2] [b] "Construc- tion Requirements for an R-10 One Family Resi- dence District" which requires a lot area of 10,000 square feet, a lot width and street line frontage of 85 ft. and a total of both side yards of 25 ft. on the premises located at 434 and 438 Weaver Street and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 221 lk Parcel 167; and WHEREAS, Mr. and Mrs. Nicola Arpaia have submit- ted an application to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. The applicant wants to build a one family house for his daughter who cannot continue to pay high rents and can live next to them. 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 denied the applica- tion on the following grounds: 1. That the applicants were aware of the zoning when they purchased the property. 2. That the subdivision of the lot would create two nonconforming parcels (:2 and render the existing dwelling more nonconforming than at present. 3. That there are no special circum- stances or conditions applying to the land for which the variance is sought, which circumstances or conditions are peculiar 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 them 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. (:2 The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 3 - CASE 615 Application of Mr. Andres Alban, Contract Vendee for modi- fication of variances granted by Zoning Board Resolutions dated February 28, 1979 and April 22, 1981 permitting the construction of aretail shopping center [stores] and nonconforming off-street parking facilities for 161 cars. Also, Article XI Section 89-66 Section A & C "Off-street parking requirements" which requires two additional park- ing spaces for proposed restaurant use on the premises located at 1272 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407 Parcel 192 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. Alban presented his application to the Board and said that when he had appeared before the Board the last time he had not opened his store but since he has opened his customers keep requesting somewhere to sit to sample the food. It was pointed out that the last time Mr. Alban had ap- peared before the Board he had withdrawn his application. It was, also, pointed out that anyone who has been at the shopping center has found there is always adequate parking. Mr. Alban said he wants to add three or four tables. Mr. Paonessa pointed out that the original variance had been granted for retail use, Mores] and Mr. Rosenshein the owner of the property has since acquired a strip of land from the Board of Education which provided 17 addi- tional parking spaces. Another application was submit- ted to the Zoning Board for a restaurant which the Zon- ing approved and the Town Board granted a Special Permit. The proposed application would require two additional parking spaces. The Chairman read a letter from Mrs. Renson of 1088 Pal- mer Avenue which stated that Andre's Gourmet World was a welcome addition to the neighborhood. Mrs. Leo Gold- smith, Jr. and Mr. Genter both spoke in favor of the ap- plication. After further discussion the Board decided to vote on application and Mr. Alban was told if the application was approved it would still be necessary for him to re- ceive a Special Permit from the Town Board. The vote was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. Andres Alban, Contract Vendee, has C has submitted an appplication to the Building Inspector to allow the construction of a retail store and restaurant and nonconforming offstreet parking facilities 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 XI Section 89-66 Sub- section A & C 'Off-street Parking Requirements" which requires two additional parking spaces for proposed restaurant use on the premises lo- cated at 1272 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 192; and WHEREAS, Mr. Andres Alban has submitted an ap- plication for a variance on the ground of prac- tical difficulty and/or unnecessary hardship for the following reasons: 1. Since the opening of the shop customers have been requesting tables for food service because of the nature of the shop. 2. A gourmet food store can only (:2 merchandise its products through sampl- ing of its selection. 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 the principal use of the retail store [gourmet food shop] would not generate additional vehicular traffic. 11 2. That there exists a sufficient number of off- street parking spaces for the other businesses using the parking facilities. 3. That said circumstances or conditions are such that the particular application of the Zoning Board Reso- lutions dated February 28, 1979 and April 22, 1981 and Article XI Section 89-66 Subsection A & C "Off-street Parking Requirements" would deprive 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 will be in harmony with the general purposes and intent of the Ordinance 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 hereby granted and that the Resolutions as granted by the Zoning Board dated February 28, 1979 and April 22, 1981 and Article X Section 89-66 Subsection A and C "Off-street Parking Requirements" be varied and modified so as to allow the proposed restaurant use on the premises located at 1272 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407 Parcel 192 in strict conformance 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 Tkwn 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 applica- tion. APPLICATION NO. 4 - CASE 616 Application of Mr. and Mrs. Charles Fitzpatrick for modi- fication of Article VIII Section 89-44 D of the Zoning Ordi- nance which restricts the height of retaining walls in a residential district to 4 ft. to allow the construction of 52 lin. ft. of 6 ft. high retaining wall along the rear property line on the premises located at 18 Alden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 653 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. Fitzpatrick appeared before the Board and said that his reason for wanting the wall was to satisfy a lien that had been placed on his property. Mr. Bernard Axler of 5 Harmony Drive who is the neighbor with the lien on Mr. Fitz- patrick's property said that Mr. Fitzpatrick had bought his house 5 years after he had been there and Mr. Fitzpatrick had loaded up the back yard with rocks, etc. approximately 6 ft. high. Mr. Axler said this resulted in an increase of water on his property. Mr. Axler had obtained a judg- ment from the Court. Mr. Fitzpatrick said that he thought the lien had been removed and now wants to sell his house and needs to satisfy the lien before he can make the sale. Mr. John Nesdale, who wants to buy the property said his contract is subject to the approval of the wall. Mr. Nes- dale said he is willing to put the wall up and Mr. Axler has been agreeable. It was pointed out that two thirds of the wall will be approximately 6 ft. high and the rest would be less. Mr. Paul Sutter of 3 Harmony Drive questioned as to the location of the wall along his property line and the height. The Board suggested that the applicant consider turning the wall along a portion of Mr. Sutter's property line sub- ject to the approval of the Building Inspector. Mr. Mosher had made a suggestion that the meeting be adjourned to next month so he could look at the property but Mr. Nesdale said he is renting an apartment and wants to close on the house as soon as possible. Mr. Nesdale said he is willing to put the wall up which he thinks is fairly attractive and will comply with what- ever the Building Inspector requires. Mr. Axler said he would withdraw his objection and after further discussion elvL the Board decided to vote on the application subject to the approval of the Building Inspector. A vote was taken on the application and the result was as follows: 11 Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved subject to the approval of the Building Inspector and the following Reso- lution was adopted: WHEREAS, Mr. and Mrs. Charles Fitzpatrick have submitted an application to the Building Inspec- tor to allow the construction of a stone retain- ing wall along the rear 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 VIII Section 89-44 D which restricts the height of retaining walls in a residential district to 4 ft. on the pre- mises located at 18 Alden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 653; and WHEREAS, Mr. and Mrs. Charles Fitzpatrick have C submitted an application for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons: 1. It is necessary to eliminate a hazardous and dangerous condition. 2. It is necessary to build this wall in order to retain the soil at 18 Alden Road. 3. It is necessary in order to satisfy a lien that has been placed on the property. 4. This retaining wall is replacing one that had once been there. 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 appli- C2on the following grounds: [a] That there are special circumstances and conditions applying to the land for which the variance is sought, which 11 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 existing retain- ing wall had failed and the remains were removed causing soil to erode onto the neighbor's property. 2. That the proposed re- taining wall will be more than four feet high due to the existing elevations of the applicant's and neigh- bor's property. 3. That a wall of lesser height would create a rear yard having a steep slope and not be usable. 4. In order for the appli- cant to sell the property (:: he has to satisfy a lien and the proposed wall will eliminate a hazardous and dangerous condition. 5. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VIII Sec- tion 89-44 D of the Zoning Ordinance 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. 6. 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 D be varied and modified so as to allow the construction of a stone retaining wall along the rear property line subject to the following condition and provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. That the wall be constructed subject to the approval of the Building Inspec- tor. 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 before this meeting it was adjourned at 10:15 P.M. Rita A. Johns , Secretary C