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HomeMy WebLinkAbout1984_03_28 Zoning Board of Appeals MinutesI MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MARCH 28, 1984, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, 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. Peter D. Mosher Mr. J. Rene Simon Mrs. Anne McAndrews Also present: Mr. Steven Silverberg, Town Counsel Dr. Lawrence Lerman, Councilman APPROVAL OF MINUTES The minutes of the meeting of February 22, 1984 were pre- sented 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 which had been postponed from the last meeting. APPLICATION NO. 1 - CASE 652 Application of Mr. Charles Spiridon for modification of Article VI Section 89-33 Subsection B (2) (a) & (b) "Con- struction Requirements for an R-10 One Family Residence District" which requires a minimum side yard of 10 ft. and a total of both side yards of 25 ft. to allow the construc- tion of one story additions to rear westerly side of the dwelling maintaining existing nonconforming side yard of 5.4 ft. and 5.1 ft. and a total of both side yards of 10.5 ft. on the premises located at 20 Little Farms Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 116 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. Spiridon appeared before the Board and said that the addition they are requesting when completed will enable % them to enlarge a 2nd story to include a bathroom and make a small room into a useable bedroom. The applicant said the first floor addition was to enlarge the kitchen and family room and make it more useable. Mr. Spiridon further 4r said that his difficulty and hardship were that they expected ® his wife's mother will be coming to live with them within the next year and they anticipate having a family. The applicant also said they had been living there for 12 years and they would like to stay in the area. The Board questioned as to whether the new room was going over the sunporch and if the sunporch is useable. The ap- plicant said he is looking into the future. Mrs. McAndrews said she understood that the application had been postponed from last month because of his neighbor's objections and asked if it had been resolved. Mr. Spiridon said he had discussed the plans with his neighbor, Mr. Westrick of 22 Little Farms Road who had objected at the last meeting and he had a letter from him which was read by the Chairman. He, also, had letters from his two other close neighbors, Mr. and Mrs. Robert Cammer of 18 Little Farms Road and Mr. and Mrs. Lawrence Fox of 21 Little Farms Road. The letters all said they had reviewed the plans and had no objections to the Spiridons carrying out the work. After further discussion Mr. Mosher made a motion for ap- proval of the application which was seconded with all the members voting in favor of the application. The applica- tion was therefore approved and the findings made part of the following Resolution: ® WHEREAS, Mr. Charles Spiridon has submitted an application to the Building Inspector to allow the construction of one story additions to the rear easterly side of the dwelling and a second story addition to the westerly side of the dwell- ing maintaining existing nonconforming side yards of 5.4 ft. and 5.1 ft. and a total of both side yards of 10.5 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 (2) (a) & (b) "Construc- tion Requirements for an R-10 One Family Residence District" which requires a minimum side yard of 10 ft. and a total of both side yards of 25 ft. on the premises located at 20 Little Farms Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 116; and WHEREAS, Mr. Charles Spiridon has submitted an application for a variance on the ground of prac- tical difficulty and/or unnecessary hardship for the following reasons: © 1. To provide required additional space to suit our existing and forecasted family needs. 2. To improve our living environment. 3. To allow us to remain in our loca- tion and in our Town to which we feel ® attached - as opposed to moving else- where. 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 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. The proposed additions are not extending the noncon- formity on the side yard and will not extend into the front yard any further than the existing structure. 2. The proposed locations are the only practical and feasible way which will still maintain a conforming rear yard. 3. There was no opposition from the neighbors who are in the closest proximity to the property. 4. That said circumstances or conditions are such that the particular application of the Ordinance with respect to Article VI Section 89-33 Subsection B (2) (a) & (b) "Construction Requirements for an R-10 One Family Resi- dence District" 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 minimum adjustment that will accomplish this purpose. 5. That the granting of the variance is in harmony with the general purposes and in- tent 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 and that Article VI Section 89-33 Sub- section B (2) (a) & (b) "Construction Require- ments for an R-10 One Family Residence District" be varied and modified so as to allow the con- struction of a one story additions to rear easterly side of the dwelling and a second story addi- tion to the westerly side of dwelling maintain- ing existing nonconforming side yards of 5.4 ft. and 5.1 ft. and a total of both side yards of 10.5 ft. on the premises located at 20 Little Farms Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 116 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. 2 - CASE 653 Application of Mr. and Mrs. Biagio Zarrilli for modifi- cation of Article IV Section 89-20 Subsection C (3) Per- mitted Accessory Uses in an R-7.5 One Family Residence District which does not permit accessory structures cus- tomarily incidental to nonconforming business uses to permit the construction of a commercial garage to be used 41109 for commercial storage and trucks for a nonconforming nursery business on the premises located at 144 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Parcel k on, the grounds of Ar practical difficulty and/or unnecessary hardship. The applicants were represented by Mr. William Maker, an Attorney who pointed out that the applicants were ask- ing to build a garage for commercial use in a residential area. The Board asked Mr. Maker if he was prepared to show in dollars and cents why it is a hardship and he said he did not have those figures handy but the appli- cant has suffered financial loss due to vandalism and deterioration of his equipment that must be stored out- side. After a brief discussion with the Town Counsel, Mr. Sil- verberg a motion was made and seconded that the applica- tion be adjourned until next month when the applicant can present figures to show their economic hardship. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 3 - CASE 654 Application of LMR Associates for modification of Arti- cle VII Section 89-41 Construction Requirements for a "B" Business District, Subsection A (3) which permits a maximum building coverage of 25%, Subsection C which permits a maximum floor area of 50% and Subsection E which Q requires a minimum number of 225 off-street parking spaces to allow the construction of a two story office building and parking deck creating a building coverage of 58.58%, a maximum floor area of 58.3% and provide for 201 off- street parking spaces on the premises located at 2155 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Parcel 1 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Joseph Clifford, an Attorney of 1890 Palmer Avenue and Mr. Louis Goodman, the Architect represented the ap- plicants. Mr. Clifford said they had originally appeared before the Board for a variance in excess of the one they were now requesting. Mr. Clifford stated that the neigh- bors had objected to the three story building and after several meetings they had compromised. Mr. Clifford presented figures showing development costs, projected income and expenses for a building with a cover- age of 38,000 sq. ft. and the proposed 45,000 sq. ft. Mr. Clifford pointed out that their total return will be less than 1% and as yet they don't know what their taxes will be. He, also, said they had agreed to change the building from a three story to a two story building which will cut down on the impact of traffic. Mr. Clif- ford further said that if the County decided a traffic light was necessary they were willing to pay half the cost if it was installed on Harrison Drive and a part of the cost if it w .s installed on Pine Brook Drive. 11 Mr. Fanning of 1 Robins Nest Lane said they are talking ® about a residential neighborhood and a building of this size will devaluate their property. Mr. Fanning, also, said that the agreement with the Pine Brook Association did not represent all the residents. Mr. Mosher pointed out that the Town Council had zoned the property in question for an office building. Mr. Fanning said he felt there would be a traffic problem and the need for a light. The Board asked Mr. Fanning if he had been living at his present address when Shop- well and the mini mall were constructed. Mr. Guy Scutaro of 2 Lundy Lane, also, objected and Mrs. McNamara of 2 Robins Nest Lane said she would still be able to see the building from her property. Mrs. McNamara said she had been in on the negotiations and the proposed building is more reasonable. After further discussion a motion was made and seconded a vote be taken. On a vote of 4 in favor with Mr. Bora- czek voting against the application was approved and the following Resolution adopted: WHEREAS, LMR Associates have submitted an appli- cation to the Building Inspector to allow the ® construction of a two story office building and parking deck creating a building coverage of 58.58%, a maximum floor area of 58.3% and pro- vide for 201 off-street parking spaces, 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 VII Section 89-41 Con- struction Requirements for a "B" Business Dis- trict, Subsection A (3) which permits a maximum building coverage of 25%, Subsection C which permits a maximum floor area of 50% and Subsec- tion E which requires a minimum number of 225 off-street parking spaces on the premises located at 2155 Palmer Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 501 Parcel 1; and WHEREAS, LMR Associates have submitted an appli- cation for a variance on the ground of practi- cal difficulty and/or unnecessary hardship for the following reasons: 1. The construction of a building under present zoning requirements would not be economically feasible. 2. Consideration of sites proximity on north to New York State Thruway q and Railroad right-of-way should be ® a factor in determination of density and usage. 3. Site is uniquely situated in area of Town which is abutted by New Rochelle on east (apartment buildings) and Village of Larchmont on west (shopping plazas) . 4. Area immediately to the south on Palmer Avenue is situated on rock ledge of approximately 25' in height. 5. The building coverage is 25.58%. Since the deck coverage of 33% is below the level of the entry floor, this should not really be construed as cover- age. 6. Parking requirements should be based on net rentable space (40,425 square feet) which would reduce spaces required for parking. 7. Site is not presently used, having been abandoned for nursery usage. This proposal would greatly enhance ® site and would produce a desirable use. 8. Plans have been substantially mo- dified from those orignally submitted by reducing height of building from 3 stories to 2 stories, reducing area of building and coverage and reducing number of parking spaces in order to meet objections of neighbors to ori- ginal proposal. WHEREAS, this Board has examined the plans, re- viewed the application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that the Board granted the application on the following grounds: (a) That there are special circumstances and/or conditions applying to the land for which a variance is sought, which circumstances and/or conditions have © not resulted from any acts of the ap- plicant subseqent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ f or conditions are as follows: p1. If the applicant was required to comply with the Zoning Regulations his financial return would be inadequate. 2. The applicant has modi- fied the plan which will improve the drainage pro- blem. 3. The applicant has agreed to assist the traffic pro- blem by sharing the cost of a traffic light if the County decides it is needed. 4. That said circumstances and conditions are such that the particular appli- cation of the Ordinance with respect to Article VII Section 89-41 Construc- tion Requirements for a "B" Business District 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 minimum adjustment that will accom- plish this purpose. 5. 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 VII Section 89-41 Con- struction Requirements for a "B" Business Dis- trict, Subsection A (3) , Subsection C and Sub- section E be varied and modified so as to al- low the construction of a two story office build- ing and parking deck creating a building cover- age of 58.58%, a maximum floor area of 58.3%, and provide for 201 off-street parking spaces 411110 on the premises located at 2155 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Parcel 1 in strict conformance with plans filed with this appli- F � cation 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. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 10:15 P.M. ita A. Johns , Secretary 00/