HomeMy WebLinkAbout2005_11_30 Zoning Board of Appeals Minutes d ,'--, Town of Mamaroneck
18 Zoning Board of Appeals
• MIMED 1451 •
TOWN OF MAMARONECK
ZONING BOARD OF APPEALS MINUTES
NOVEMBER 30, 2005
Present: Thomas E. Gunther, Chairman
Frederick Baron
Irene D. O'Neill
Arthur Wexler
Linda S. Harrington
Also Present: Robert S. Davis, Counsel
Ronald A. Carpaneto, Director of Building
Taina Zambrano, Public Stenographer
Carbone &Associates, LTD
111 N. Central Park Avenue
Hartsdale, New York 10530
Daniela Gerardi, Recording Secretary
1. Duane Reade
The applicant requested the application be adjourned to the next meeting on January 4, 2005.
The Board made a motion to request that the applicant be present at the next meeting or be
removed from the agenda.
2. Seigel
Joseph Marrow (applicant's architect) approached the Board and stated the applicant is
requesting to enlarge the kitchen on the first floor and add a bedroom on the second floor. Mr.
Marrow continued to say the new owners, a young family with one child and another expected
require additional space for today's lifestyle-specifically a kitchen/great room in lieu of a small
inadequate kitchen, a laundry room, and an additional bedroom and 2nd bathroom on the 2nd floor.
Donald Torey (54 Shledrake resident) approached the Board and stated his concerns regarding
water drainage.
Patricia Dunne (7 Hudson Place resident)stated to the Board that she opposed granting a
variance because she does not want a two-story structure that extends closer to her property
than that which is granted by present law. She continued to say properties in her neighborhood
are closely situated with few exceptions. She also said her own home has little space on either
side (a mere 6 feet per side), however, her rear yard is spacious and makes up for the
narrowness of her property. She avowed to grant this variance will permanently change the view
and character of her property. She also stated she is concerned with the construction/foundation
process and if construction will de-stabilize the natural rock around her property or damage her
property.
Board member Arthur Wexler suggested changing the side yard from 7.3 to 8.3 and the total side
yard from 18.3 to 20.3. The Board finds that the record made by the applicant is sufficient, the
benefit to the applicant outweighed any detriment to the health, safety or welfare of the community or
surrounding properties and granted the variance.
Town of Mamaroneck Zoning Board Minutes
November 30, 2005
Page 2 of 12
CERTIFICATION
As Chairman of the Zoning Board of Appeals of the Town of Mamaroneck,
I hereby certify that the following is the Resolution adopted by the
Zoning Board of Appeals at the meeting held on November 30, 2005.
CASE NO. 2694—SEIGEL
After review, on motion of Mr. Gunther, seconded by Ms. Harrington, the following resolution was
proposed and ADOPTED unanimously, 4-0.
RESOLVED, that this is a Type II action having no significant impact on the environment
pursuant to 6 NYCRR§617 et seq. Accordingly, no further action under SEQRA is required.
On motion of Mr.Wexler, seconded by Ms. Harrington, the following resolution was ADOPTED:
WHEREAS, William Seigel submitted an application to the Building Inspector, together with
plans to construct a two-story rear addition on the premises located at 52 Sheldrake Avenue and
known on the Tax Assessment Map of the Town of Mamaroneck as Block 221, Lot 412. The
addition as proposed has a rear yard of 17 feet where 25 feet is required pursuant to Section 240-
37B(3), has a side yard of 8.3 feet where 10 feet is required pursuant to Section 240-37B(2)(a),
has a total side yard of 20.3 feet where 25 feet is required pursuant to Section 240-37B(2)(b) and
further the addition increases the extent by which the building is nonconforming pursuant to
Section 240-69 for a residence in an R-10 Zone District; and
WHEREAS, the Building Inspector has declined to issue such permit on the grounds that
the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with
particular reference to Section 240-37B(3), Section 240-37B(2)(a), Section 240-37B(2)(b) and
Section 240-69; and
WHEREAS, William Seigel submitted an application for a variance to this Board for the
reasons set forth in such application; and
WHEREAS, this Board has examined the plans, inspected the site, reviewed the
application and has heard all persons interested in this application after publication of a notice
thereof and a hearing thereon; and
WHEREAS, the Zoning Board of the Town of Mamaroneck makes the following findings as
required by New York State Town Law§267-b:
1. The Board finds that the benefit to the applicant outweighs any detriment to the adjoining
properties or community in the vicinity of the house. In reaching this conclusion, the Board
considered the following factors:
A. Whether an undesirable change will be produced in the character of the
neighborhood, or a detriment to nearby properties will be created by the granting of
the area variance:
The proposed construction is designed to compliment the existing structure. The
addition will provide additional space for today's lifestyle. The proposed
construction will not result in any change in the character of the neighborhood. The
scale of the structure will continue to be appropriate within the context of the
neighboring residences.
Town of Mamaroneck Zoning Board Minutes
November 30, 2005
Page 3 of 12
B. Whether the benefit sought by the applicants can be achieved by some method
feasible to the applicants other than an area variance:
By constructing the addition, the applicant will be enlarging the kitchen/great room
and adding a bedroom on the second floor. The existing structure presently
extends into the required side yard setbacks on both sides, as well as the required
rear yard setback. Adding to the house in any other location will increase the extent
of nonconformity.
Furthermore, this is the most practical location for this construction, within the
boundaries of the existing structure. It allows for the addition of the desired space
without significantly altering the appearance or the mass of the house.
There is no other method by which the applicant may feasibly achieve the desired
benefit, other than an area variance.
C. Whether the area variance is substantial:
The rear lot is irregular with a 20' plus offset creating an average setback from
the rear lot line of approximately 25-feet. Because there is a minimal change in
the lot coverage, the Board believes the requested area variance is not substantial.
D. Whether the proposed variance will have an adverse impact on the physical or
environmental conditions in the neighborhood or district:
The addition will not have appreciable effect or impact on the physical or
environmental conditions in the neighborhood or district. It will cause minimal
additional runoff.
E. Whether the difficulty is self-created:
The difficulty was not self created. Because of the size of the property and the
siting of the house it will not be possible to add space to the structure without
building in the required setbacks.
F. The granting of this variance is in harmony with the general purposes and intent of
this Ordinance and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
G. The variance is the minimum necessary to alleviate the difficulty detailed in the
application yet also preserves and protects the character of the neighborhood and
the health, safety and welfare of the community.
H. The strict application of the Zoning Ordinance and the Town Code would deprive
the applicants of the reasonable use of the land/or building, and the variance
granted by this Board will enable such reasonable use.
NOW, THEREFORE, BE IT
RESOLVED, that the subject application be and the same is GRANTED, subject to the
following conditions:
1. This variance authorizes the construction as shown on the plans presented and no
other.
Town of Mamaroneck Zoning Board Minutes
November 30, 2005
Page 4 of 12
2. The applicant shall obtain a building permit within six (6) months of the filing of this
Resolution.
3. The building permit shall be void if construction is not started within six (6) months
and completed within two (2)years of the date of said permit.
4. Construction shall be in substantial compliance with the plans submitted in
connection with this application.
This decision shall be filed with the Town Clerk as provided in Section 267-a(2)of the Town Law.
3. Smith
James Fleming (applicant's architect)approached the Board and stated the applicant's request to
construct an entry portico over existing entry door. Mr. Fleming continued to say the portico is a
practical entry structure to provide shelter, protect landing from ice and snow and will be an
attractive feature on the house. The Board finds that the record made by the applicant is sufficient,
the benefit to the applicant outweighed any detriment to the health, safety or welfare of the
community or surrounding properties and granted the variance.
CERTIFICATION
As Chairman of the Zoning Board of Appeals of the Town of Mamaroneck,
I hereby certify that the following is the Resolution adopted by the
Zoning Board of Appeals at the meeting held on November 30, 2005.
CASE NO. 2695—SMITH
After review, on motion of Mr. Gunther, seconded by Ms. Harrington, the following resolution was
proposed and ADOPTED unanimously, 4-0.
RESOLVED, that this is a Type II action having no significant impact on the environment
pursuant to 6 NYCRR§617 et seq. Accordingly, no further action under SEQRA is required.
On motion of Ms. Harrington, seconded by Mr. Baron, the following resolution was ADOPTED:
WHEREAS, Janet and Jeff Smith submitted an application to the Building Inspector,
together with plans to construct an entry portico on the premises located at 86 North Chatsworth
Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117, Lot
183. The portico as proposed has a front yard of 28 feet where 30 feet is required pursuant to
Section 240-38 B.(1)for a residence in an R-7.5 Zone District; and
WHEREAS, the Building Inspector has declined to issue such permit on the grounds that
the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with
particular reference to Section 240-38 B.(1); and
WHEREAS, Janet and Jeff Smith submitted an application for a variance to this Board for
the reasons set forth in such application; and
WHEREAS, this Board has examined the plans, inspected the site, reviewed the
application and has heard all persons interested in this application after publication of a notice
thereof and a hearing thereon; and
WHEREAS, the Zoning Board of the Town of Mamaroneck makes the following findings as
required by New York State Town Law§267-b:
Town of Mamaroneck Zoning Board Minutes
November 30, 2005
Page 5 of 12
1. The Board finds that the benefit to the applicant outweighs any detriment to the adjoining
properties or community in the vicinity of the house. In reaching this conclusion, the Board
considered the following factors:
A. Whether an undesirable change will be produced in the character of the neighborhood, or a
detriment to nearby properties will be created by the granting of the area variance:
The addition of the portico will enhance the appearance of the front of the home. As it is
now the home has a flat appearance in the front and the portico will add rather than detract
from its appearance as well as providing protection for the owners from bad weather and
the elements.
B. Whether the benefit sought by the applicants can be achieved by some method feasible to
the applicants other than an area variance:
The entry portico is a practical entry structure to provide shelter, protect landing from ice
and snow and will be an attractive feature on the house.
There is no other method by which the applicant may feasibly achieve the desired benefit,
other than an area variance.
C. Whether the area variance is substantial:
Because there is a minimal change in the lot coverage, the Board believes the requested
area variance is not substantial. The house is already set back from the street.
D. Whether the proposed variance will have an adverse impact on the physical or
environmental conditions in the neighborhood or district:
The addition will not have appreciable effect or impact on the physical or environmental
conditions in the neighborhood or district. It will cause minimal additional runoff.As we have
had no communications from the surrounding neighbors there appears that they have
noted no adverse impact on the surrounding neighborhood or area.
E. Whether the difficulty is self-created:
While this is a self-created difficulty, it is not an unreasonable request and should not have
a negative impact on the granting of this variance.
F. The granting of this variance is in harmony with the general purposes and intent of this
Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the
public welfare.
G. The variance is the minimum necessary to alleviate the difficulty detailed in the application
yet also preserves and protects the character of the neighborhood and the health, safety
and welfare of the community.
H. The strict application of the Zoning Ordinance and the Town Code would deprive the
applicants of the reasonable use of the land/or building, and the variance granted by this
Board will enable such reasonable use.
NOW, THEREFORE, BE IT
Town of Mamaroneck Zoning Board Minutes
November 30, 2005
Page 6 of 12
RESOLVED, that the subject application be and the same is GRANTED, subject to the
following conditions:
1. This variance authorizes the construction as shown on the plans presented and no
other.
2. The applicant shall obtain a building permit within six (6) months of the filing of this
Resolution.
3. The building permit shall be void if construction is not started within six (6) months
and completed within two (2)years of the date of said permit.
4. Construction shall be in substantial compliance with the plans submitted in
connection with this application.
This decision shall be filed with the Town Clerk as provided in Section 267-a(2)of the Town Law.
4. Shkreli
Joel Negrin (applicant's attorney) approached the Board and stated the applicant's request to
construct a two-story addition creating three apartments. Mr. Negrin continued to say the property
was reviewed by an appraisal company. Mr. Negrin avowed the appraisal company claimed that
this development would not be a sensible economic investment, and more pertinent to this
application, there would be no economic benefit to the owner of the property. The Board stated
that no variance shall be granted by the Board of Appeals without a showing by the applicant that
applicable zoning regulations and restrictions have caused unnecessary hardship. The Board also
stated that in order to prove such unnecessary hardship the applicant shall demonstrate to the
Board that for each and every permitted use under zoning regulations for the particular district
where the property is located,
1) the applicant cannot realize a reasonable return, provided the lack of return is substantial
as demonstrated by competent financial evidence;
2) that the alleged hardship relating to the property in question is unique, and does not apply
to a substantial portion of the district or neighborhood;
3) that the requested use variance, if granted will not alter the essential character of the
neighborhood; and
4) that the alleged hardship has not been self created."
The Board agreed to adjourn this application to the January 4, 2005 meeting.
5. Martinez
Diane Blum (applicant's architect)stated to the Board the applicant's request to construct a one-
story family room, kitchen and dining room addition, remove existing screened porch and kitchen
shed addition, extend existing 2nd floor bedrooms to attain full headroom, alter existing
bathrooms, and add 1st floor powder room. Ms. Blum continued to say the 1st and 2nd floor
additions will be in keeping with the original architectural character of the residence and its
neighbors. The Board finds that the record made by the applicant is sufficient, the benefit to the
applicant outweighed any detriment to the health, safety or welfare of the community or surrounding
properties and granted the variance.
CERTIFICATION
As Chairman of the Zoning Board of Appeals of the Town of Mamaroneck,
I hereby certify that the following is the Resolution adopted by the
Zoning Board of Appeals at the meeting held on November 30, 2005.
Town of Mamaroneck Zoning Board Minutes
November 30, 2005
Page 7 of 12
CASE NO. 2697— MARTINEZ
After review, on motion of Mr. Gunther, seconded by Mr. Baron, the following resolution was
proposed and ADOPTED unanimously, 4-0.
RESOLVED, that this is a Type II action having no significant impact on the environment
pursuant to 6 NYCRR§617 et seq. Accordingly, no further action under SEQRA is required.
On motion of Ms. O'Neill, seconded by Mr. Wexler, the following resolution was ADOPTED:
WHEREAS, Melissa and Ricardo Martinez submitted an application to the Building
Inspector, together with plans to construct a one-story addition and second floor dormer on the
premises located at 2 West Valley Stream Road and known on the Tax Assessment Map of the
Town of Mamaroneck as Block 220, Lot 1. The one story addition as proposed has a front yard of
24 feet where 30 feet is required pursuant to Section 240-37 B(1) and further the addition
increases the extent by which the building is nonconforming pursuant to Section 240-69 for a
residence in an R-10 Zone District; and
WHEREAS, the Building Inspector has declined to issue such permit on the grounds that
the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with
particular reference to Section 240-37 B(1) and Section 240-69; and
WHEREAS, Melissa and Ricardo Martinez submitted an application for a variance to this
Board for the reasons set forth in such application; and
WHEREAS, this Board has examined the plans, inspected the site, reviewed the
application and has heard all persons interested in this application after publication of a notice
thereof and a hearing thereon; and
WHEREAS, the Zoning Board of the Town of Mamaroneck makes the following findings as
required by New York State Town Law§267-b:
1. The Board finds that the benefit to the applicant outweighs any detriment to the adjoining
properties or community in the vicinity of the house. In reaching this conclusion, the Board
considered the following factors:
A. Whether an undesirable change will be produced in the character of the neighborhood, or a
detriment to nearby properties will be created by the granting of the area variance:
The 1st and 2nd floor additions will be in keeping with the original architectural character of
the residence and its neighbors.
B. Whether the benefit sought by the applicants can be achieved by some method feasible to
the applicants other than an area variance:
The benefit sought by the applicant cannot be achieved by some other method feasible to
the applicant other than area variances.
C. Whether the area variance is substantial:
The area variances sought are the minimum necessary to achieve the applicant's goals.
The area variance sought are minor in nature, 49sf and 3.5sf total. The lot coverage will
increase from 26.1% to 29.6%, therefore, the Board does not find the area variance to be
substantial.
Town of Mamaroneck Zoning Board Minutes
November 30, 2005
Page 8 of 12
D. Whether the proposed variance will have an adverse impact on the physical or
environmental conditions in the neighborhood or district:
The proposed area variances will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood. The proposed total area of the residence is
well below the limits of lot coverage and floor area ratio even though the subject property is
substandard in area.
E. Whether the difficulty is self-created:
The alleged difficulty results from the existing residence being built closer to the front
property line than is currently permitted and was not self-created. There is an unnecessary
hardship and practical difficulty created by the location of the existing residence on the lot
making an addition to the northeast difficult.
F. The granting of this variance is in harmony with the general purposes and intent of this
Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the
public welfare.
G. The variance is the minimum necessary to alleviate the difficulty detailed in the application
yet also preserves and protects the character of the neighborhood and the health, safety
and welfare of the community.
H. The strict application of the Zoning Ordinance and the Town Code would deprive the
applicants of the reasonable use of the land/or building, and the variance granted by this
Board will enable such reasonable use.
NOW, THEREFORE, BE IT
RESOLVED, that the subject application be and the same is GRANTED, subject to the
following conditions:
1. This variance authorizes the construction as shown on the plans presented and no
other.
2. The applicant shall obtain a building permit within six (6) months of the filing of this
Resolution.
3. The building permit shall be void if construction is not started within six (6) months
and completed within two (2)years of the date of said permit.
4. Construction shall be in substantial compliance with the plans submitted in
connection with this application.
This decision shall be filed with the Town Clerk as provided in Section 267-a(2)of the Town Law.
6. Noyer
Rick Yestadt (applicant's architect) approached the Board and stated the applicant's proposal to
replace an existing deck.
Board member Arthur Wexler questioned the plot plan that was submitted with the application
saying the plot plan shows the property having two front yards and a rear yard. Mr. Wexler stated
the plot plan should be corrected with the property having two front yards and a side yard.
Town of Mamaroneck Zoning Board Minutes
November 30, 2005
Page 9 of 12
Mary English (324 Weaver Street resident)stated to the Board that she opposed the decision to
change the plot plan. Ms. English continued to say she feels the deck is too close to her property
and she will lose her privacy when she is in her kitchen.
The Board adopted a motion to declare the property as having two front yards and a side yard,
therefore, a variance is not required.
CERTIFICATION
As Chairman of the Zoning Board of Appeals of the Town of Mamaroneck,
I hereby certify that the following is the Resolution adopted by the
Zoning Board of Appeals at the meeting held on November 30, 2005.
CASE NO. 2699— NOYER
After review, on motion of Mr. Gunther, seconded by Ms. Harrington, the following resolution was
unanimously adopted, 5-0.
RESOLVED, that this is a Type II action having no significant impact on the environment
pursuant to 6 NYCRR§617 et seq. Accordingly, no further action under SEQRA is required.
On motion of Mr. Gunther, seconded by Ms. Harrington, the following resolution was ADOPTED:
WHEREAS, the Board has received an application from Charles Noyer requesting a
variance to construct a deck on the premises located at 334 Weaver Street and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 218, Lot 273; and
WHEREAS, the application was premised on a determination by the Building Inspector
that the deck as proposed had a rear yard of 17.9 feet where 25 feet was required pursuant to
Section 240-37B(3)(a), and further that the addition would increase the extent by which the
building is nonconforming pursuant to Section 240-69 for a residence in an R-10 Zone District;
and
WHEREAS, the Building Inspector had declined to issue such permit on the grounds that
the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with
particular reference to Section 240-37B(3)(a) and Section 240-69, as more fully set forth in the
preceding paragraph hereof; and
WHEREAS, Charles Noyer submitted an application for a variance to this Board for the
reasons set forth in such application; and
WHEREAS, this Board has examined the plans, inspected the site, reviewed the
application and has heard all persons interested in this application after publication of a notice
thereof and a hearing thereon; and
WHEREAS, the Zoning Board of the Town of Mamaroneck has adopted a motion
reflecting its determination that the property has two front yards and a side yard, so that no
variance is required, and has returned the application to the Director of Buildings for appropriate
action consistent with that determination.
This decision shall be filed with the Town Clerk as provided in Section 267-a(2)of the Town Law.
7. Cohen
Town of Mamaroneck Zoning Board Minutes
November 30, 2005
Page 10 of 12
Rick Yestadt (applicant's architect)stated to the Board the applicant is requesting to construct a
new one-family residence. Mr. Yestadt continued to say they will construct a two-story house that
will occupy 35% of the lot.
Many residents stated their concerns about the size of the house, the quality of life during
construction, how a driveway will be constructed, and that the house will be built on a hill looking
down onto their properties.
The Board agreed to adjourn this application to the January 4, 2005 meeting.
8. Gular
Scott (ALM Heating &Air Conditioning Inc., on behalf of the applicant)stated to the Board the
applicant is requesting to install two central air conditioning condensing units. He continued to say
the units would be placed at the furthest possible distance from the property line in the rear, and
the only feasible location on the property. He also said the adjacent property owners have signed
letters stating they have no objection and there is no negative impact to the placement of the
units in this location. The Board finds that the record made by the applicant is sufficient, the benefit
to the applicant outweighed any detriment to the health, safety or welfare of the community or
surrounding properties and granted the variance (see certification for details).
CERTIFICATION
As Chairman of the Zoning Board of Appeals of the Town of Mamaroneck,
I hereby certify that the following is the Resolution adopted by the
Zoning Board of Appeals at the meeting held on November 30, 2005.
CASE NO. 2702—GULAR
After review, on motion of Mr. Gunther, seconded by Ms. Harrington, the following resolution was
proposed and ADOPTED unanimously, 4-0.
RESOLVED, that this is a Type II action having no significant impact on the environment
pursuant to 6 NYCRR§617 et seq. Accordingly, no further action under SEQRA is required.
On motion of Mr. Baron, seconded by Ms. Harrington, the following resolution was ADOPTED:
WHEREAS, Enrique Gular submitted an application to the Building Inspector, together with
plans to install two central air conditioning condensing units on the premises located at 33
Wildwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block
116, Lot 281. The central air conditioning condensing units as proposed have a rear yard of 16
feet where 25 feet is required pursuant to Section 240-38 B.(3)for central air conditioning
condensing units in an R-7.5 Zone District; and
WHEREAS, the Building Inspector has declined to issue such permit on the grounds that
the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with
particular reference to Section 240-38 B.(3); and
WHEREAS, Enrique Gular submitted an application for a variance to this Board for the
reasons set forth in such application; and
WHEREAS, this Board has examined the plans, inspected the site, reviewed the
application and has heard all persons interested in this application after publication of a notice
thereof and a hearing thereon; and
Town of Mamaroneck Zoning Board Minutes
November 30, 2005
Page 11 of 12
WHEREAS, the Zoning Board of the Town of Mamaroneck makes the following findings as
required by New York State Town Law§267-b:
1. The Board finds that the benefit to the applicant outweighs any detriment to the adjoining
properties or community in the vicinity of the house. In reaching this conclusion, the Board
considered the following factors:
A. Whether an undesirable change will be produced in the character of the neighborhood, or a
detriment to nearby properties will be created by the granting of the area variance:
The proposed location of the condensing units is at the furthest possible distance from the
property line in the rear and the only feasible location on the property — which is also the
least intrusive location, far from visibility and noise creation regarding all neighbors,
therefore, it will not produce an undesirable change in the character of the neighborhood.
B. Whether the benefit sought by the applicants can be achieved by some method feasible to
the applicants other than an area variance:
The benefit sought by the applicant cannot be achieved by some other method feasible to
the applicant other than an area variance because of the positioning of the house on the
property.
C. Whether the area variance is substantial:
The area variances sought are the minimum necessary to achieve the applicant's goals
and relatively small in comparison to the entire lot layout; therefore, the Board does not find
the area variance to be substantial.
D. Whether the proposed variance will have an adverse impact on the physical or
environmental conditions in the neighborhood or district:
The proposed area variances will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood because of the type of unit being installed
and their physical placement.
E. Whether the difficulty is self-created:
The Board feels the difficulty was not self-created but was created by the original
placement of the house on the property.
F. The granting of this variance is in harmony with the general purposes and intent of this
Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the
public welfare.
G. The variance is the minimum necessary to alleviate the difficulty detailed in the application
yet also preserves and protects the character of the neighborhood and the health, safety
and welfare of the community.
H. The strict application of the Zoning Ordinance and the Town Code would deprive the
applicants of the reasonable use of the land/or building, and the variance granted by this
Board will enable such reasonable use.
NOW, THEREFORE, BE IT
Town of Mamaroneck Zoning Board Minutes
November 30, 2005
Page 12 of 12
RESOLVED, that the subject application be and the same is GRANTED, subject to the
following conditions:
1. This variance authorizes the construction as shown on the plans presented and no
other.
2. The applicant shall obtain a building permit within six (6) months of the filing of this
Resolution.
3. The building permit shall be void if construction is not started within six (6) months
and completed within two (2)years of the date of said permit.
4. Construction shall be in substantial compliance with the plans submitted in
connection with this application.
This decision shall be filed with the Town Clerk as provided in Section 267-a(2)of the Town Law.
Adjournment
Daniela Gerardi
Secretary to Zoning Board