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HomeMy WebLinkAbout1983_03_23 Zoning Board of Appeals MinutesPFF- MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MARCH 23, 1983, IN THE COURT HOUSE, 1201 PALMER AVENUE, 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. Peter G. Moore Mr. Stephen K. Carr Mr. Peter D. Mosher Absent: Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of March 2, 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. Mr. Boraczek asked the Secretary to read the first appli- cation. It was pointed out that Application no. 1, 2 and 3 were the same applicant but different parcels. APPLICATION NO. 1 - CASE 617 Application of Mrs. Lieselotte Novak for modification of Article III Section 89-14 "Required Street Frontage" of the Zoning Ordinance which requires a minimum lot width and street frontage of 75 ft. on a public street to al- low the construction of a one family residence on a par- cel of land having street line frontage of 83.50 ft. on a private road [Old Hommocks Road] instead of frontage on a public street on the premises located at 3 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcel 338 on the grounds of prac- tical difficulty and/or unnecessary hardship. APPLICATION NO. 2 - CASE 618 Application of Mrs. Lieselotte Novak for modification of Article III Section 89-14 "Required Street Frontage" of the Zoning Ordinance which requires a minimum lot width and street frontage of 75 ft. on a public street to al- low the construction of a one family residence on a par- cel of land having a street line frontage of 85 ft. on a private road [Old Hommocks Road] instead of frontage on a public street on the premises located at 5 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcel 347 on the grounds of prac- tical difficulty and/or unnecessary hardship. APPLICATION NO. 3 - CASE 619 Application of Mrs. Lieselotte Novak for modification of Article III Section 89-14 "Required Street Frontage" of the Zoning Ordinance which requires a minimum lot width and street frontage of 75 ft. on a public street to allow the construction of a one family residence on a parcel of land having a street line frontage of 196 ft. on a pri- vate road [Old Hommocks Road] instead of frontage on a public street on the premises located at 7 Hommocks Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 412 Parcel 357 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mrs. Novak was represented by her Attorney, Mr. Edward P. Tanenbaum of 271 North Avenue, New Rochelle, New York. Mr. Tanenbaum said the application was based on the pre- mise that Old Hommocks Road is a private street and he has represented the Novaks for at least 25 years. Mr. Tanenbaum, also, said that he represented the Post Road Building Corp. , who developed the homes at the upper end of Hommocks Road. He stated that when the Post Road Build- ing Corp. developed the homes they were required to put in a new water line from Boston Post Road and no easements were requested from the Novaks at that time. Also, when the new Hommocks School was built there were no easements required from the Novaks. Mr. Tanenbaum further said that the Town Board had passed a Resolution on July 1, 1964 called "Acceptance of Streets for New York State Department of Public Works" [prior to new Hommocks Road] in which there was an acceptance of Old Hommocks Road as a street for the purpose of reimbursement by the State of New York and the Town has maintained the road doing everything to indicate that it was a public street. The Novaks have always contended that it is a public street but the Town Attorney contends it is private street with an easement for the public to use same. Mr. Tanenbaum further said that they were nct requesting any variances but were requesting permission to build three homes on a private street. He said that Mrs. Novak has owned the land for over 28 years and because of the topo- graphy it is a difficult piece. Mr. Tanenbaum pointed out that the Planning Board had approved the subdivision of the lot with the condition that the application be amended to state they would request a variance and the Planning Board made no determination as to whether the road was public or private. The applicant is under a contract of sale subject to the approval from the Zoning Board. Mr. Boraczek read a memo addressed to Mr. Johnston, the 4191 Town Attorney from Mr. Elfreich, the Town Engineer, in which Mr. Elfreich said that the road is 33 ft. wide and there is a gas main which is owned by Consolidated Edison plus a water main owned by the Westchester Joint Water Works. Mr. Elfreich, also, said in the memo that two storm water catch basins were installed by the Town High- way Department and a sanitary sewer line which was installed by the Contractor for the Hommocks School of which the Town paid a portion. Mr. Elfreich, further said in his memo that there is no record of the Town accepting the sewer from the School Board therefore assuming that the School Board is the owner and the Town forces have inspected and maintained the sewer on a regular basis. It was pointed odt that the street at present does not conform to the Town requirements and was there prior to the appointment of the Planning Board. Mr. Paonessa said that Old Hommocks Road was shown on a subdivision map of 50 years ago which was prior to the adoption of the Zoning Law and was never accepted. Mr. Boraczek, also, read a memo from Mr. Elfreich to the Town Board in which he said that he and the Superintendent of Highways had discussed the paving of Old Hommocks Road with the Town's Paving Contractor and the estimate was for $8,500. Mr. Elfreich had informed Mr. Tanenbaum of the amount and at the Town Board meeting of March 31, 1982 the Town had agreed to contribute up to $3,000. to make the improvement and the seller (Mrs. Novak) and purchaser of the property had agreed to put up the balance of $5,500. Also, in his memo Mr. Elfreich said Mr. Tanenbaum had informed him that Mrs. Novak was willing to sign Quit Claim Deeds for those portions of Old Hommocks Road ad- jacent to her property. Mrs. Mary Raegner of 7 Birch Road questioned as to whether the traffic would be increased around the school. After further discussion the Board decided to vote on the applications and the result was as follows: Commissioner Boraczek - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The applications were therefore approved and the follow- ing Resolutions adopted: WWHEREAS, Mrs. Lieselotte Novak has submitted an application to the Building Inspector to al- low the construction of a one family residence on a parcel of land having street line frontage of 83.50 ft. on a private road (Old Hommocks Road) together with plans; and WHEREAS, the Building Inspector has refused to 141 issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordi- nance of the Town of Mamaroneck with particular reference to Article III Section 89-14 "Permitted Street Frontage" which requires a minimum lot width and street frontage of 75 ft. on a public street on the premises located at 3 Hommocks Road and known on the Tax Assessment Map of the Town of Mararoneck as Block 412 Parcel 338; and WHEREAS, Pars. Lieselotte Novak has submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. The applicant has owned the vacant land for many years and now has a pur- chaser who wants to erect three dwell- ings on the premises. 2. The proposed buildings will put ratables on the tax rolls. 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 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. The Town has maintained the road surface for many years. 2. The applicant has agreed to share the cost of making the improvement to the road to provide suitable access. 3. That Hommocks Road was shown on a subdivision map filed in the County Clerk's Office prior to the appoint- ment of the Planning Board and the grant to such Board of the power to approve plats. 4. That there is public sewer and water utilities in the bed of Hommocks Road. 5. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article III Section 89-14 "Required Street Front- age" of the Zoning Ordinance 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 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 pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article III Section 89-14 "Required Street Frontage" of the Zoning Or- dinance be varied and modified so as to allow the construction of a one family residence at 3 Hommocks Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 412 Parcel 338 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 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 PPP- 491 with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 2 - CASE 618 WHEREAS, Mrs. Lieselotte Novak has submitted an application to the Building Inspector to allow the construction of a one family resi- dence on a parcel of land having street line frontage of 85 ft. on a private road (Old Hoomocks Road) 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 Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article III Section 89-14 "Permitted Street Frontage" which requires a minimum lot width and street frontage of 75 ft. on a public street on the premises located at 5 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Par- cel 347; and WHEREAS, Mrs. Lieselotte Novak has submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. The applicant has owned the vacant land for many years and now has a purchaser who wants to erect three dwellings on the premises. 2. The proposed buildings will put ratables on the tax rolls. 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 granted the applica- tion on the following grounds: [a] That there are special circumstances 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 ap- plicant subsequent to the date of the Zoning Regulations appealed from. [b] That the said circumstances and/ or conditions are as follows: 141 1. The Town has maintained the road surface for many years. 2. The applicant has agreed to share the cost of making the improvement to the road to provide suitable access. 3. That Hommocks Road was shown on a subdivision map filed in the County Clerk's Office prior to the appoint- ment of the Planning Board and the grant to such Board of the power to approve plats. 4. That there is public sewer and water utilities in the bed of Hommocks Road. 5. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article III Section 89-14 "Required Street Front- age" of the Zoning Ordinance 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 accomplish this purpose. 6. That the granting of the variance is in harmony with the general purpose and in- tent of this Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article III Section 89-14 "Required Street Frontage" of the Zoning Ordinance be varied and modified so as to allow the construction of a one family residence at 5 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 412 Parcel 347 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. PFP 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. APPLICATION NO. 3 - CASE 619 WHEREAS, Mrs. Lieselotte Novak has submitted an application to the Building Inspector to allow the construction of a one family residence on a parcel of land having street line frontage of 196 ft. on a private road (Old Hommocks Road) to- gether 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 Ordi- nance of the Town of Mamaroneck with particular reference to Article III Section 89-14 "Permitted Street Frontage" which requires a minimum lot width and street frontage of 75 ft. on a public street on the premises located at 7 Hommocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcel 357 ; and WHEREAS, Mrs. Lieselotte Novak has submitted an application for a variance on the ground of prac- tical difficulty and/or unnecessary hardship for the following reasons: 1. The applicant has owned the vacant land for many years and now has a purchaser who wants to erect three dwellings on the premises. 2. The proposed buildings will put ratables on the tax rolls. 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 circumstances and conditions applying to the land PFF- for which the variance is sought, which circumstances and/or conditions have not resulted from any acts of the ap- plicant subsequent to the date of the Zoning Regulations appealed from. [b] That the said circumstances and/ or conditions are as follows: 1. That the Town has main- tained the road surface for many years. 2. The applicant has agreed to share the cost of making the improvement to the road to provide suitable access. 3. That Hommocks Road was shown a subdivision map filed in the County Clerk's Office prior to the appoint- ment of the Planning Board and the grant to such Board of the power to approve plats. 4. That there is public sewer and water utilities in the bed of Hommocks Road. 5. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article III Section 89-14 "Required Street Front- age" of the Zoning Ordinance 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 accomplish this pur- pose. 6. That the granting of the variance is in harmony with the general purpose 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 r � granted and that Article III Section 89-14 "Re- quired Street Frontage" of the Zoning Ordinance be varied and modified so as to allow the con- struction of a one family residence at 7 Hom- mocks Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412 Parcel 357 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 Mama- roneck. 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. 4 - CASE 620 Application of Mr. and Mrs. Harold Mait for modification of Article VI Section 89-34 Subsection B [3] "Construc- tion Requirements for an R-7.5 One Family Residence Dis- trict" which requires a minimum rear yard of 25 ft. to allow the construction of a 2nd story addition at the rear of the dwelling maintaining an existing nonconform- ing rear yard of 5.5 ft. more or less on the premises located at 7 Fern Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 639 on the grounds or practical difficulty and/or unneces- sary hardship. Mr. Mait appeared before the Board and said they lived there for approximately 6 years and now have three chil- dren. The applicant said the addition will add more room and the lot is an irregular shape. It was pointed out that the addition is going over an existing one story and will not increase the existing nonconforming rear yard. Mr. Mait presented the Board with a letter signed by six of his neighbors who all said they had seen the plan and were in favor of granting the variance. After further discussion the Board decided to vote on the application and the result was as follows: r � Commissioner Boraczek - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. Harold Mait have submitted an application to the Building Inspector to allow the construction of a 2nd story addition at the rear of the dwelling maintaining an existing non- conforming rear yard of 5.5 ft. more or less to- gether 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 89-14 Subsection B [3] "Construction Require- ments for an R-7.5 One Family Residence District" which requires a minimum rear yard of 25 ft. on the premises located at 7 Fern Road and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 114 Parcel 639; and WHEREAS, Mr. and Mrs. Harold Mait have submitted an application to this Board for a variance on the ground of practical difficulty and/or unnec- essary hardship for the following reasons: 1. The applicants have three chil- dren and two small child's bedrooms, and therefore need an additional child's bedroom. 2. Economically a four bedroom house in Larchmont is not affordable. 3. The addition would be on an exist- ing structure which doesn't require any new foundation. 4. Architecturally, the plan is sound and will enhance the house (especially from the Valley Road side) . 5. The child's bedroom is going over an existing structure and the neigh- bors will not be affected. 6. There is no other part of our house that would lend itself to an addition. 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, 'h. .r- 141 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 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 proposed addition will not project into the rear yard any further than the existing dwelling. 2. The proposed addition will provide an extra bed- room for the applicant's family. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-34 Subsection B [3] "Con- struction Requirements for an R-7.5 One Family Residence" 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 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 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 89-34 Sub- section B [3] "Construction Requirements for an R-7.5 One Family Residence District of the Zoning Ordinance be varied and modified so r � as to allow the construction of a 2nd story addition at the rear of the dwelling maintain- ing an existing nonconforming rear yard of 5.5 ft. more or less on the premises located at 7 Fern Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 639 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 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 last applica- tion. APPLICATION NO. 5 - CASE 621 Application of Dr. Maurice E. Serling for modification of Article IV Section 89-21 A & C [4] "Permitted Principal and Accessory Uses" in an R-6 One Family Residential Dis- trict and Article XI Section 89-67 A,B&D "Off-street Park- ing Facilities" which does not permit off-street parking facilities to be developed for business use on adjoining separate lots in residential districts to allow the construc- tion of off-street parking facilities for a business 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 Street 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 appeared before the Board and was asked if there was parking on the street at present. The applicant said that at present there is but the State Highway Department is contemplating limiting the parking on Weaver Street. Dr. Serling said it is necessary for him to have ample park- ing for his clients so that they may park close to his of- fice and hospital. It is necessary to carry a sick or in- jured dog and all cats have to be carried which presents a physical burden that many people cannot cope with. It was pointed out that the State has been petitioned to widen Weaver Street but there has been no decision as yet and Pr. Mr. Mosher asked if the State did not come through with their proposal was Dr. Serling going to create parking on the separate lot. Dr, Serling said he only wants protec- tion so his clients can park and it was pointed out that if he did not do the work his variance would expire and he would have to come back to the Board. Mr. and Mrs. Fuhrmann of 11 Winthrop Avenue both spoke against the application and said that the parking spaces Dr. Serling now has are never used. Mr. John Degina of 27 Weaver Street said his property will be downgraded and Dr. Serling's business did not warrant that much parking. Mr. Alan Murray of 116 Carleon Avenue also objected to the application. The Board questioned the layout that Dr. Serling proposed and after further discussion they suggested that Dr. Ser- ling amend his application and return next month with a revised plan. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 10:00 P.M. j . Rita A. Johnson Secretary