HomeMy WebLinkAbout1990_09_26 Zoning Board of Appeals Minutes RECf4-2 ��EO
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PATRICIA
A 1990
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MINUTES OF THE REGULAR MEETING OF THE M4M R�NtCKCC�o
ZONING BOARD OF THE TOWN OF MAMARONECK
SEPTEMBER 26, 1990, IN THE COURTROOM, TOWN CENTER
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
Present: Joel Negrin, Chairman
J. Rene Simon
Arthur Wexler
Absent: Thomas E. Gunther
Patrick B. Kelleher
Also Present: Lee A. Hoffman, Jr. , Counsel
William E. Jakubawski, Building Inspector
Marci Dustin, Public Stenographer
Carbone, Kazazes & Associates
225 Mount Pleasant Avenue
Mamaroneck, NY 10543
Bonnie M. Burdick, Recording Secretary
CALL TO ORDER
The meeting was called to order by Chairman Negrin at 8:20 PM.
He stated that any action taken would have to be by unanimous vote as two
Board members were absent. A split vote would result in a non-action and
an automatic adjournment.
APPROVAL OF MINUTES
As Mr. Negrin had a number of changes for the minutes of August ,
1990, it was decided that they would be re-circulated to the Board after
being rewritten.
APPLICATION NO. 1 - CASE 988
The Recording Secretary read the application as follows:
Application of Mr. and Mrs. P. Martin requesting a variance from Section
89-35 B(3) to reduce the rear yard fiuin 25.0 feet required to 20.0 feet
for the proposed construction of a rear addition which would increase the
extent by which the structure is nonconforming pursuant to Section 89-57,
in an R-6 Zone District, on the premises located at 62 Hillcrest Avenue
and known on the Tax Assessment Map of the Town of Mamaroneck as Block
123 Lot 418.
Mr. Martin appeared on behalf of the application. He stated that he
wanted to construct a family room extending into the rear yard and that
his neighbors had no objections. The room is needed by the family as
their daughter needs a separate room to entertain her friends while the
rest of the family is using the living room. The house has a small den
which Mr. Martin needs to use as a home office. Mr. Martin stated that
it might be necessary for his mother-in-law to live with the family.
September 26, 1990
-2-
Two neighbors were at the meeting. They were Henry Auffarth of 16
Edgewood Avenue and Mr. Melamid of 45 Hillside Avenue. Both statP3 that
they were in favor of the application.
Those member of the Board in attendance were not favorably inclined
towards the application as presented. Mr. Negrin stated that he could
not find a legal reason to approve it. He saw neither a practical
difficulty nor an unnecessary hardship. Mr. Wexler was concerned about
the size of the addition. The house is a small one on a small lot, but,
with approximately 1500 square feet overall and an 800 square foot ground
floor, meets the zoning code. Mr. Wexler stated that he needed a floor
plan for the first floor, and Mr. Negrin stat-ci3 that he would like to
know the placement of the kitchen fixtures.
On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously
RESOLVED, that the Zoning Board of Appeals is the Lead Agency and
solely responsible for determining whether the proposed action may
have a significant impact on the environment; and it is
FURTHER RESOLVED, that this is a Type II Action having no significant
impact on the environment as determined by New York State or
corresponding local law, therefore requiring no further action under
SEQRA.
With the consent of Mr. Martin, on motion of Mr. Wexler, seconded by Mr.
Simon, it was unanimously
RESOLVED, that Application No. 1, Case 988 be adjourned to the
October meeting of this Board.
NEXT MEETING
Pending agreement with the two absent members, it was decided that the
next meeting will be October 24, 1990.
APPLICATION NO 2 - CASE 989
The Recording Secretary read the application as follows:
Application of Mr. and Mrs. D. Millar requesting varianrcc to retain a
front enclosed room and a rear deck and also requesting a Certificate of
Occupancy for an existing attached garage. The enclosed roam has a front
setback of 25.6 feet where 30.0 feet is required pursuant to Section
89-35 (B) (1) , the deck has a rear yard of 21.8 feet where 25.0 feet is
required pursuant to Section 89-35 (B) (3) and further the additions
represent an increase in the extent by which the building fails to
conform pursuant to Section 89-57, in an R-6 Zone District. The garage
as built on May 10, 1957 has a side yard of 5.7 feet where 6.0
' September 26, 1990
-3-
feet had been required pursuant to Section 9 of the Zoning Code in effect
when the permit was issued and where a minimum of 8.0 feet would be
required if constructed today pursuant to Section 89-35 (B) (2) (a) , in an
R-6 Zone District, on the premises located at 28 Copley Road and known on
the Tax Assessment Map of the Town of Mamaroneck as Block 409 Lot 80.
Mr. Millar appeared on behalf of the application. He stated that when
the house was purchased in 1971 the garage was in place, and the porch
had been enclosed. The house is small, and the family includes five
children. The porch was rebuilt and made wider about 6 years ago. It
acts as a vestibule and has the only closet on the ground floor. A
family room and deck have been built to replace a patio. Mr. Millar was
not issued a building permit for the deck. He stated that his back yard
was sloped, had a good deal of runoff and could not be utilized without a
deck.
On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously
RESOLVED, that the. Zoning Board of Appeals is the Lead Agency and
solely responsible for determining whether the proposed action may
have a significant impact on the environment; and it is
FURTHER RESOLVED, that this is a Type II Action having no significant
impact on the environment as determined by New York State or
corresponding local law, therefore requiring no further action under
SEQRA.
On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions
were unanimously adopted.
WHEREAS, Mr. and Mrs. D. Millar have submitted an application to the
Building Inspector, together with plans, to retain a front enclosed
room and a rear deck and for a Certificate of Occupancy for an
existing attached garage on the premises located at 28 Copley Road
and known on the Tax Assessment Map of the Town of Mamaroneck as
Block 409 Parcel 80; 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 Sections
89-35 (B) (1) , 89-35 (B) (3) , 89-35 (B) (2) (a) and 89-57; and
WHEREAS, Mr. and Mrs. Millar submitted an application for a variance
to this Board on the grounds of practical difficulty and/or
unnecessary hardship for the reasons set forth in such application;
and
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
September 26, 1990
-4-
RESOLVED, that this Board finds that there are special circumstances
and/or conditions applying to the land for which the variance is
sought on the following grounds:
1. The rear yard slopes away f um the house and is, therefore,
unsuitable for passive recreation.
2. The deck is low and not intrusive.
3. The enclosed porch is no closer to the property line than
the house. The addition of 4 feet was needed for a closet
as the house lacked adequate storage.
4. The garage, which is a minor encroachment, was built wrong
because of a construction mistake. It would be a hardship
to remove the few inches which encroach.
5. The variance granted is the minimum to alleviate the
practical .difficulty detailed in the application.
. =6. 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 otherwise detrimental to
the public welfare; and -
7. The strict application of the Zoning. Ordinance and Town
Code would deprive the applicants of the reasonable use of
the land and/or building and that the variance granted by
this Board will accomplish this purpose; and it. is
FURTHER RESOLVED, that a variance is hereby granted and that Sections
89-35 (B) (1) , 89-35 (B) (3) , 89-35 (B) (2) (a) and 89-57 of the Zoning
Ordinance be varied and modified so as to allow the retention of an
enclosed front porch and a rear deck and to grant a Certificate of
Occupancy for an existing attached garage on the premises located at
28 Copley Road and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 409 Parcel 80 in strict conformance with the
plans filed with this application and any conditions set forth in
these resolutions, provided that the applicants comply in all other
respects with the Zoning Ordinance and Building Code of the Town of
Mamaroneck; and it is
FURTHER RESOLVED, that the applicant shall obtain a building permit
within six months of the filing of this Resolution with the Town
Clerk and in accordance with Section 89-73 of the Zoning Ordinance, _
the building permit shall bevoid if construction is not started
within six months and completed within two years of the date of said
permit; and_ it is .
FURTHER RESOLVED, that this decision be filed with the Town Clerk as .
provided in Section 267 of the Town Law.
*****
September 26, 1990
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APPLICATION NO. 3 - CASE 994
The Recording Secretary read the application as follows:
Application of •Mrs. B. Nalven requesting a variance fLum Section 89-33
B(3) to reduce the rear yard from 25.0 feet required to 17.0 feet for the
proposed replacement of an existing rear deck which increases the extent
by which the structure is nonconforming pursuant to Section 89-57, in an
R-10 Zone District, on the premises located at 91 Rockland Avenue and
known on the Tax Assessment Map of the Town of Mamaroneck as Block 210
Lot 588.
Mrs. Nalven apared on behalf of the application. She stated that a
deck was necessary as the Sheldrake River wraps around the property. The
proposed deck would replace a larger, illegal one which is an eyesore to
the neighbors. Mrs. Nalven submitted favorable letters fLum her
neighbors, and these letters will become part of the record. Mr. Negrin
stated that there is only a triangular corner of the proposed deck which
would be nonconforming and that this deck would be supported by two
pillars rather than by the five that are currently in place.
On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously
RESOLVED, that the Zoning Board of Appeals is the Lead Agency and
solely responsible for determining whether the proposed action may
have a significant impact on the environment; and it is
FURTHER RESOLVED, that this is a Type II Action having no significant
impact on the environment as determined by New York State or
corresponding local law, therefore requiring no further action under
SEQRA.
On motion of Mr. Simon, seconded by Mr. Wexler, the following resolutions
were unanimously adopted.
}
WHEREAS, Beverly Nalven has submitted an application to the Building
Inspector, together with plans, to construct a deck on the premises
located at 91 Rockland Avenue and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 210 Parcel 588; 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 Sections
89-33 B(3) and 89-57; and
WBEREAS, Mrs. Nalven submitted an application for a variance to this
Board on the grounds of practical difficulty and/or unnecessary
hardship for the reasons set forth in such application; and
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;
September 26, 1990
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NOW, THEREFORE, BE IT
RESOLVED, that this Board finds that there are special circumstanc' s
and/or conditions applying to the land for which the variance is
sought on the following grounds:
1. The proposed deck would be smaller than the existing one.
Thus, the nonconformity is reduced and the intrusion is
less.
2. A deck is the only way to use the rear yard as the yard
slopes to the Sheldrake River.
3. The yard is irregularly shaped and prone to flooding.
4. The variance granted is the minimum to alleviate the
practical difficulty detailed in the application.
5. 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 otherwise detrimental to
the public welfare; and
6. The strict application of the Zoning Ordinance and Town
Code would deprive the applicants of the reasonable use of
the land and/or building and that the variance granted by
this Board will accomplish this purpose; and it is
FURTHER RESOLVED, that a variance is hereby granted and that Sections
89-33 B(3) and 89-57 of the Zoning Ordinance be varied and modified
so as to allow the construction of a deck on the premises located at
91 Rockland Avenue and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 210 Parcel 588 in strict conformance with the
plans filed with this application and any conditions set forth in
these resolutions, provided that the applicants comply in all other
respects with the Zoning Ordinance and Building Code of the Town of
Mamaroneck; and it is
FURTHER RESOLVED, that the applicant shall obtain a building permit
within six months of the filing of this Resolution with the Town
Clerk and in accordance with Section 89-73 of the Zoning Ordinance,
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; and it is
FURTHER RESOLVED, that this decision be filed with the Town Clerk as
provided in Section 267 of the Town Law.
*****
APPLICATION NO. 4 - CASE 995
The Recording Secretary read the application as follows.
Application of Mr. and Mrs. M. Carr requesting variances to allow an
September 26, 1990
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existing pool to remain with a side yard of 7.2 feet where 15.0 feet is
required pursuant to Section 14-48A (1) and with a rear yard of 14.8 feet
where 20.0 feet is required pursuant to Section 14-48A (2) for a pool in
an R-7.5 Zone District. Said pool was erected under Permit #5147 but was
incorrectly located on the property at the time of erection when it would
have been permitted with a side yard of 10.0 feet and a rear yard of 18.0
feet on the premises located at 263 Murray Avenue and known on the Tax
Assessment Map of the Torun of Mamaroneck as Block 113 Lot 116.
Mr. Carr appeared on behalf of the application. He stated that his wife,
in the course of business, had discovered that their pool was improperly
located. Said pool is both above and below ground. It is shrubbed and
secluded in the Carr's two-level yard.
On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously
RESOLVED, that the Zoning Board of Appeals is the Lead Agency and
solely responsible for determining whether the proposed action may
have a significant impact on the environment; and it is
FURTHER RESOLVED, that this is a Type II Action having no significant
impact on the environment as determined by New York State or
corresponding local law, therefore requiring no further action under
SEQRA.
On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions
were unanimously adopted.
WHEREAS, Mr. and Mrs. Michael Carr have submitted an application to
the Building Inspector, together with plans, to retain a pool on the
premises located at 263 Murray Avenue and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 113 Parcel 116; 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 Sections
14-48A (1) and 14 48A (2) ; and
WHEREAS, Mr. and Mrs. Carr submitted an application for a variance to
this Board on the grounds of practical difficulty and/or unnecessary
hardship for the reasons set forth in such application; and
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 finds that there are special circumstances
and/or conditions applying to the land for which the variance is
sought on the following grounds:
1. The pool was build pursuant to permit, but mislocated. It
has been in place for 30 years.
September 26, 1990
-8-
( ; 2. To relocate the pool would cause a hardship.
3. Only a corner of the pool encroaches.
4. The variance granted is the minimum to alleviate the
practical difficulty detailed in the application.
5. 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 otherwise detrimental to
the public welfare; and
6. The strict application of the Zoning Ordinance and Town
Code would deprive the applicants of the reasonable use of
the land and/or building and that the variance granted by
this Board will accomplish this purpose; and it is
FURTHER RESOLVED, that a variance is hereby granted and that Sections
14-48A (1) and 14-48A (2) of the Zoning Ordinance be varied and
modified so as to allow the retention of a pool on the premises
located at 263 Murray Avenue and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 113 Parcel 116 in strict conformance
with the plans filed with this application and any conditions set
forth in these resolutions, provided that the applicants comply in
all other respects with the Zoning Ordinance and Building Code of the
Town of Mamaroneck; and it is
FURTHER RESOLVED, that the applicant shall obtain a building permit
within six months of the filing of this Resolution with the Town
Clerk and in accordance with Section 89-73 of the Zoning Ordinance,
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; and it is
FURTHER RESOLVED, that this decision be filed with the Town Clerk as
provided in Section 267 of the Town Law
*****
APPLICATION NO. 5 - CASE 996
The Recording Secretary read the application as follows:
Application of Mr. and Mrs. R. Kullen requesting variances to renovate an
existing sunporch and add a second floor. The structure, enlarged as
proposed, will have front yard setbacks on two streets of 24.9 feet and
20.0 feet where 30.0 feet is required. The existing setbacks are
respectively 23.5 feet and 21.5 feet. FU_rther, the addition would
increase the extent by which the structure is nonconforming pursuant to
Section 89-57, in an R-7.5 Zone, on the premises located at 61 Maple Hill
Drive and known on the Tax Assessment Map of the Town of Mamaroneck as
Block 119 Lot 304.
September 26, 1990
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Mr. and Mrs. Kellen appeared on behalf of the application. Mr. Kellen
stated that the house is small and that the family includes four large
children.
Mr. Wexler objected to the size of the proposed construction. He
suggested removing 3 feet from the top story as he felt that a variation
of line would make the addition seem to have less mass.
Mr. Negrin wanted to look at the house again and asked that tax maps be
submitted with the application. Mr. Wexler asked that the Kullens put
stakes into the ground to mark their proposed addition and his suggested
size.
On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously
RESOLVED, that the Zoning Board of Appeals is the Lead Agency and
solely responsible for determining whether the proposed action may
have a significant impact on the environment; and it is
FURTHER RESOLVED, that this is a Type II Action having no significant
impact on the environment as determined by New York State or
corresponding local law, therefore requiring no further action under
SEQRA.
With the consent of Mr. and Mrs. Kellen, on motion of Mr. Wexler,
seconded by Mr.. Simon, it was unanimously
RESOLVED, that Application No. 5, Case 996 be adjourned to the
October meeting of this Board.
****
APPLICATION NO. 6 - CASE 997
The Recording Secretary read the application as follows:
Application of Mr. & Mrs. T. Barrington requesting a variance from
Section 89-33 B(2) (a) to reduce the side yard from 10.0 feet required to
5.4 feet for the proposed construction of a rear patio above grade with
wood platform and steps which would increase the extent by which the
structure is nonconforming pursuant to Section 89-57, in an R-10 Zone
District, on the premises located at 145 Fast Garden Road and known on
the Tax Assessment Map of the Torun of Mamaroneck as Block 212 Lot 215.
Mrs. Barrington appeared on behalf of the application. She stated that
the patio has been in place since 1979. It was recently found to be
illegal. The back yard is steeply sloped, and the area is well screened
by an 8 foot hedge. •
On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously
RESOLVED, that the Zoning Board of Appeals is the Lead Agency and
solely responsible for determining whether the proposed action may
have a significant impact on the environment; and it is
September 26, 1990
-10-
FURTHER RESOLVED, that this is a Type II Action having no significant
impact on the environment as determined by New York State or
corresponding local law, therefore requiring no further action under
SEQRA.
On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions
were adopted unanimously.
WHEREAS, Mr. and Mrs. T. Barrington have submitted an application to
the Building Inspector, together with plans, to retain a rear patio
on the premises located at 145 Fast Garden Road and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 212 Parcel 215; 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 Sections
89-33 B(2) (a) and 89-57; and
WHEREAS, Mr. and Mrs. Barrington submitted an application for a
variance to this Board on the grounds of practical difficulty and/or
unnecessary hardship for the reasons set forth in such application;
and
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, FORE, BE IT
RESOLVED, that this Board finds that there are special circumstances
and/or conditions applying to the land for which the variance is
sought on the following grounds:
1. The land slopes a great deal - about 10% - making it
unusable for passive L eLeation.
2. The patio is no closer to the side lot line than the
house.
3. The intruding side of the property is well screened.
4. The variance granted is the minimim, to alleviate the
practical difficulty detailed in the application.
5. 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 otherwise detrimental to
the public welfare; and
6. The strict application of the Zoning Ordinance and Town
Code would deprive the applicants of the reasonable use of
the land and/or building and that the variance granted by
this Board will accomplish this purpose; and it is
September 26, 1990
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FURTHER RESOLVED, that a variance is hereby granted and that Sections
89-33 B(2) (a) and 89-57 of the Zoning Ordinance be varied and
modified so as to allow the retention of a rear patio on the premises
located at 145 East Garden Road and known on the Tax Assessment Map
of the Town of Mamaroneck as Block 212 Parcel 215 in strict
conformance with the plans filed with this application and any
conditions set forth in these resolutions, provided that the
applicants comply in all other respects with the Zoning Ordinance and
Building Code of the Town of Mamaroneck; and it is
FURTHER RESOLVED, that the applicant shall obtain a building permit
within six months of the filing of this Resolution with the Town
Clerk and in accordance with Section 89-73 of the Zoning Ordinance,
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; and it is
FURTHER RESOLVED, that this decision be filed with the Town Clerk as
provided in Section 267 of the Town Law.
*****
APPLICATION NO. 7 - CASE 998
Application of Mr. and Mrs. G. Gardellis requesting a variance to retain
a rear deck/two levels. The structure as exists has side yards of 6.57
feet and 9.29 feet where a minimum of 10.0 feet is required and a total
side yard of 15.87 feet where 25.0 feet is required pursuant to Section
89-33 B(2) (a) & (b) respectively and further the deck increases the
extent by which the structure is nonconforming pursuant to Section 89-57.
in an R-10 Zone District, on the premises located at 81 Hickory Grove
Drive and known on the Tax Assessment Map of the Town of Mamaroneck as
Block 217 Lot 746.
Mr. Gardellis appeared on behalf of his application. He stated that
their house is on a hill with a sloping front yard, sloping back yard and
large rock outeLuppings. The kitchen door is 8 feet from the yard. Mr.
Gardellis presented favorable letters from his neighbors which will
become part of the record.
On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously
RESOLVED, that the Zoning Board of Appeals is the Lead Agency and
solely responsible for determining whether the proposed action may
have a significant impact on the environment; and it is
FURTHER RESOLVED, that this is a Type II Action having no significant
impact on the environment as determined by New York State or
corresponding local law, therefore requiring no further action under
SEQRA.
On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions
were adopted unanimously.
September 26, 1990
-12-
WHEREAS, Mr. and Mrs. G. Gardellis have submitted an application to
the Building Inspector, together with plans, to retain a rear
deck/two levels on the premises located at 81 Hickory Grave Drive and
known on the Tax Assessment Map of the Town of Mamaroneck as Block
217 Parcel 746; 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 Sections
89-33 B(2) (a) & (b) and 89-57; and
WHEREAS, Mr. Gardellis submitted an application for a variance to
this Board on the grounds of practical difficulty and/or unnecessary
hardship for the reasons set forth in such application; and
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 finds that there are special circumstancc
and/or conditions applying to the land for which the variance is
sought on the following grounds:
1. The deck is less intrusive than the house as it is further
from the property lines than the house itself.
2. The high deck has a trellis underneath it which enhances
the view for the neighbors.
3. The rear yard has a steep slope with rock outcroppings.
The yard is unusable for recreation.
4. The variance granted is the mi_nimum, to alleviate the
practical difficulty detailed in the application.
5. 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 otherwise detrimental to
the public welfare; and
6. The strict application of the Zoning Ordinance and Town
Code would deprive the applicants of the reasonable use of
the land and/or building and that the variance granted by
this Board will accomplish this purpose; and it is
FURTHER RESOLVED, that a variance is hereby granted and that Sections
89-33 B(2) (a) & (b) and 89-57 of the Zoning Ordinance be varied and
modified so as to allow the retention of rear deck/two levels on the
premises located at 81 Hickory Grove Drive and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 217 Parcel 746 in
strict conformance with the plans filed with this application and any
conditions set forth in these resolutions, provided that the
applicants comply in all other respects with the Zoning Ordinance and
Building Code of the Town of Mamaroneck; and it is
September 26, 1990
-13-
FURTHER RESOLVED, that the applicant shall obtain a building permit
within six months of the filing of this Resolution with the Town
Clerk and in accordance with Section 89-73 of the Zoning Ordinance,
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; and it is
FURTHER RESOLVED, that this decision be filed with the Town Clerk as
provided in Section 267 of the Town Law.
*****
ADJOURNMENT
On motion of Mr. Wexler, seconded by Mr. Simon, the meeting was adjourned
at 11:02 PM.
Bonnie M. Burdick