Loading...
HomeMy WebLinkAbout1983_10_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD OCTOBER 26, 1983, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, TOWN �.. OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER In the absence of the Chairman the meeting was called to order by the acting Chairman, Mr. Carr at 8:15 P.M. ROLL CALL Present: Mr. Stephen K. Carr, acting Chairman Mr. Egbert R. Hardesty Mr. Peter D. Mosher Mr. J. Rene Simon Absent: Mr. A. William Boraczek Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of September 28, 1983 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. Carr said he would like to hear the applications in order and read Application No. 1. APPLICATION NO. 1 - CASE 647 Application of Mrs. Lieselotte Novak for modification of variance granted September 24, 1980 permitting an addition to building used for retail sale and storage of furniture having a total building coverage of 44% and off-street parking for 37 cars so as to allow the subdivision of the building for the retail sale and service of bicycles on the premises located at 1331 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 411 Parcel 119 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Novak was represented by her Attorney, Mr. Edward P. Tanenbaum, who stated that at present the building is occupied for the retail sale and storage of furniture, and the space is too big. Mr. Tanenbaum said they now Afew want to subdivide the building and use a portion of the building for the retail sale and services of bicycles. Mr. Tanenbaum further said that the furniture business is very competitive and if the applicant could rent out a portion of the building it will ease an economic hard- ship. Mr. Mosher questioned as to what portion they intended renting out for the bicycle shop and said he was concerned about the safety of the children travelling to and from the Hommocks school on their bicycles. Mr. Carr and Mr. Hardesty, also, expressed concern about the school chil- dren and Mr. Robert Novak said he did not think the traf- fic would be increased since most of the people who would bring in the bicycles for repair would come in cars because the bicycles were broken and it would probably be mostly on weekends. Mr. Carr questioned as where the parking would be and it was pointed out that the parking for the bicycle shop would be in the rear and there would be no new construction as the entrance is already there. Mrs. Doris Sandstrom said she was familiar with the setup for Novaks and could not see any problems with traffic, etc. After further discussion the Board decided to vote on the application and the Chairman pointed out that if the ap- plication was approved a condition of the approval would be that there be an access from the rear of the building to the parking lot. The Board voted on the application and the result was as follows: Commissioner Carr - Aye Commissioner Hardesty - Aye Commissioner Mosher - Aye Commissioner Simon - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mrs. Liselotte Novak has submitted an application to the Building Inspector to allow the subdivision of the building for the retail sale and service of bicycles 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 variance granted September 24, 1980 permitting an addition to building used for retail sale and storage of furniture having a total building coverage of 44% and off-street parking for 37 cars on the premises located at 1331 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 411 Parcel 119; and WHEREAS, Mrs. Lieselotte Novak has submitted an application to this Board for a variance on the ground of practical difficulty and/or unnec- essary hardship for the following reasons: r... 1. Repeat variance for subdivision of present store for retail use for warehouse for storing of furniture and outdoor furniture. 2. To use present retail furniture and outdoor furniture use for bicycle store and repair. 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 a 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 subdivision will help the applicant economi- cally as the furniture store is too large for the present use. 2. The bicycle shop will not add to the traffic. 3. That said circumstances are such that the variance as granted by this Board on September 24, 1980 per- mitting an addition to the building would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance 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 J and intent of this Ordinance and will not be injurious to the neighborhood or other- \I.. wise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VII Section 89-41 [3] and E "Construction Requirements for a Business District" and modified by Zoning Board Resolution dated September 24, 1980 to allow the continued use of the building for retail sales and storage of furniture and retail sale and service of bicycles on the premises located at 1331 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 411 Parcel 119 in strict conformance with plans filed with this applica- tion subject to the following condition provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. The applicant provide an access from the rear of the building to the park- ing lot. FURTHER RESOLVED, that in accordance with the en**"' Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the date 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 read the next application. APPLICATION NO. 2 - CASE 648 Application of Mr. and Mrs. F. Hafetz for modification of Article III Section 89-12 "Lot Subdivision" subject to Article VI Section 89-34 Subsection B [2] [a] "Construc- tion Requirements for an R-7.5 One Family Residence Dis- trict" which requires a minimum side yard of 10 ft. to allow a subdivision creating a side yard of 0.4 ft. to existing detached garage located in front yard of Lot "B" on the premises located at 31 Seton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 428 on the grounds of practical diffi- culty and/or unnecessary hardship. Dr. Nicholas Marsh, who bought the vacant lot from the actit44., Hafetzs appeared before the Board and said that after he purchased the lot he realized it would be difficult to construct a house that will suit their needs. Dr. Marsh said that the Hafetzs have offered to sell another 10 ft. which will put their garage in violation and because of the odd shape of the lot he is restricted a great deal as to where he can build. Mr. Arthur Wexler, who is Dr. Marsh's Architect, said they want to build a house to conform to other homes in the neighborhood and presented photographs of some other homes presently in the area. Mr. and Mrs. Hafetz, also, appeared and said they are the owners of the property which will be next door to the proposed house and the application is necessary because it would be a hardship to the Marsh's to build the kind of house they want. Mrs. Mary Ellen McAden of 12 Seton Road said she thought they wanted a larger house on the property in proportion to the lot. Mrs. McAden stated that the houses in the area have large yards and she does not want the neighbor- hood to be adversely affected. Mr. John Pyron of 219 Rockingstone Avenue said he had appeared at the Planning Board meeting when the Hafetzs (:: originally requested the subdivision and he knew all along that the house would not fit. Mr. Pyron said he does not know whether he is for or against and does not want to object. Mr. Mosher questioned Dr. Marsh as to whether he knew all along the situation. Dr. Marsh said when he bought the lot he did not have his Architect lay out the house and did not find out the difficulty until after it was done. Dr. Marsh said he only wants a house that will not be an obstruction and thinks it will be to everyones advantage. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Carr - Aye Commissioner Hardesty - Aye Commissioner Mosher - Aye Commissioner Simon - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. F. Hafetz have submitted an application to the Building Inspector to al- low a subdivision creating a side yard of 0.4 ft. to existing detached garage located in front yard of Lot "B", 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 Subdivision" subject to Article VI Section 89-34 Subsection B [2] [a] "Construc- tion Requirements for an R-7.5 One Family Resi- dence District" which requires a minimum side yard of 10 ft. on the premises located at 31 Seton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 428; and WHEREAS, Mr. and Mrs. R. Hafetz 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. Due to physical condition of Lot "A" which is very steep and irregular in shape it is necessary to relocate the boundary line between Lots "A" and "B" 10 ft. southerly. 2. This will increase the width of Lot "A" and provide the necessary area to locate proposed dwelling on Lot "A". 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 a 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. Because of the topography of the lot it is necessary to relocate the boundary line in order to construct a house in conformance with the other residences in the e"'"' neighborhood. 2. That said circumstances or conditions are such that the particular application 11 of the Ordinance with res- pect to Article VI Section e 89-34 Subsection B [2] [a] "Construction Requirements for an R-7.5 One Family Resi- dence District" would deprive the applicant of the reason- able use of the land and/ or building and that the variance 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 pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article III Section 89-12 "Lot Subdivision" subject to Article VI Section 89-34 Subsection B [2] [a] "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to allow the subdivi- sion of a lot creating a side yard of 0.4 ft. to existing detached garage located in front yard of Lot "B" on premises located at 31 Seton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 428 in strict conformance with plans filed with this application subject to the following condition provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. The applicant obtain approval from the Planning Board for the subdivi- sion of the lot. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. CASE 595 - LMR ASSOCIATES Mr. Carr explained to those present that the Board would review the variance of LMR Associates to determine whether the conditions previously proposed have been satisfied. After talking with his clients Mr. Purvis the Attorney for LMR Associates requested that the hearing be adjourned to the next meeting so that he and his clients could talk with the representatives of the Pine Brook Association. Mr. Purvis said it would take at least two weeks to see if they could possibly work out a settlement so that his clients could construct a building that will be economical. Mr. Engel who represents the Pine Brook Association said that the conversation began a year ago. Mr. Mosher questioned as to whether they would change the building in any significant aspect and Mr. Purvis said it would depend on whether they reach a settlement. Mr. Carr mentioned a letter of October 14, 1983 from Mr. Engel to Mr. Clifford and asked if any effort had been made on the part of the applicant to follow up on the contents of the letter. It was pointed out that if the plans are changed a new application will have to be filed. Mr. Carr said that the Board would vote on whether they were willing to adjourn the hearing until another meet- ing but they would not vote on the merits of the appli- cation. Mrs. Joan Williams, who is the Chairman of the Village of Larchmont Planning Commission, said she represented another group and a number of people spoke in opposition to the application including residents of the Village of Larchmont and the City of New Rochelle. The Board members voted on whether to adjourn the hearing to another meeting and the result was as follows: Commissioner Carr - Aye Commissioner Hardesty - Nay Commissioner Mosher - Aye Commissioner Simon - Aye The Board decided to adjourn the application to a Special Hearing on November 15, 1983. It was, also, decided that because the date for the next regular meeting falls on Thanksgiving Eve the meeting will be held on November 30th. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 10:00 P.M. t_;) to A. Johnso , Secretary '/�* A Court Stenographer was present and his transcript will be part of the record.