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HomeMy WebLinkAbout1991_04_24 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK \ � APRIL 24, 1991, IN THE COURTROOM, TOWN CENTER 16 740 WEST BOSTON POST ROAD "CUE IPlb PV Ci MAMARONECK, NEW YORK 1991 PArRp/AA•DiClO Present: Joel Negrin, Chairman A C�ER/{CC/O Thomas E. Gunther NRON fCK Patrick B. Kelleher J. Rene Simon Arthur Wexler Also Present: Lee A. Hoffman, Jr., Counsel William E. Jakubowsski, Building Inspector Lisa Parrilla, 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 8:17 PM. He informed the Board that the Town Board would be holding a public hearing on an amendment to the Zoning Ordinance relating to affordable housing on May 8, 1991 . APPLICATION NO. 1 - CASE 1024 The secretary read the application as follows: Application of Mr. R. D. Hoyt requesting a Certificate of Occupancy for an existing brick paved terrace with a wall. The closest corner of the terrace as built is 0.96 feet from the rear property line and 4.92 feet from the side property line where 5.0 feet is required pursuant to Section 89-44-A, in an R-6 Zone District, on the premises located at 9 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 626. Richard Hoyt appeared on behalf of his application. He stated that he was granted a zoning variance in 1983 which permitted the terrace to be 3 feet from the rear property line and 5 feet from the side property line. A wall and picket fence were used to determine measurements, and a survey was not made after the construction was completed. Mr. Hoyt discovered the error when seeking a Certificate of Occupancy. On motion of Mr. Wexler, seconded by Mr. Gunther, 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 April 24, 1991 -2- FURTHER RESOLVED, that this is a Type II Action having no significant ippact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Gunther, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Richard Hoyt has submitted a request for a Certificate of Occupancy to the Building Inspector, together with plans, for an existing brick paved terrace with a wall which had been granted a variance from this Board in 1983 on the premises located at 9 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Lot 626; 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 89-44 A and with the variance granted in 1983 by this Board; and WHEREAS, Mr.. Hoyt 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, SORE, 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 variance requested - 1.04 feet from the back property line and .8 feet from the side property line - is of a de min;m;s nature in comparison to the variance granted in 1983. 2. There is a minimal portion of the terrace out of compliance with the original variance as the terrace is placed on the diagonal with respect to the property. 3. The applicant sited the terrace in good faith at the time of construction. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. April 24, 1991 -3- 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. 6. The strict application of the Zoning Ordinance and Zbwn 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 Section 89-44A of the Zoning Ordinance be varied and modified so as to allow the retention of a terrace and wall on and the issuance of a located Certificate of Occupancy for said structures on the premises at 9 Dante Street and known on the Tax Assesmnet Map of the !Town of Mamaroneck as Block 122 Lot 626 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 and Clerk in accordance with Section 89-73 of the Zoning it is FUG RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law ***** APPLICATION NO. 2 - CASE 1024 The secretary read the application as follows: Application of Mr. and Mrs. G. Allen requesting a variance for the proposed construction of an above-grourxi pool. The pool as proposed has a rear yard of 4.0 feet where 20.0 feet is required pursuant to Section 14-48(2) , a side yard of 4.0 feet where 15.0 feet is required pursuantto Section 14-48 A(1) and is 6.0 feet from the principal structure feet from an accessory structure where 15.0 feet is required pursuant to Section 14048 A(1) , in an R-6 Zone District, on the premises located at 23 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Tot 178. Mr. Allen appeared on behalf of the application. He stated that his 32 year-old wife, as a result of an accident, has suffered the loss of a kneecap. Before recommending an artificial replacement, which probably would last only five years, Mrs. Allen's doctor has suggested swimming for therapy. A pool would also provide recreation for the couple's two elementary-school-aged children in a setting which Mrs. Allen could supervise as she is confined to the house. Mr. Allen submitted tleetttterr from Mrs. Allen's orthopedist and favorable ones from the occupants and 27 Weaver Street. Said letters will became part of the record. April 24, 1991 -4- On motion of Mr. Gunther, seconded by Mr. Wexler, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for detenniningubether 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 SDQRA. On motion of Mr. Wexler, seconded by Mr. Gunther, the following resolutions were unanimously adapted: WHEREAS, Mr. and Mrs. Gary Allen have submitted an application to the Building Inspector, together with plans, to construct an above-ground pool on the premises located at 23 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Lot 178; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to cauply with the Zbwn of Mamaroneck Zoning Ordinance with particular reference to Sections 14-48 A(1) and 14-48 A(2) ; and WHEREAS, Mr. and Mrs. Allen 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 grads: 1. The pool is relatively small, 18' by 24' by 4' in height. 2. The pool will be screened by the existing six-foot high stockade fence for which a variance was previously granted. 3. The neighbor most impacted by the pool has indicated his favorable opinion of the proposed pool. 4. On the side of the property is a vetinerary hospital with its parking lot bordering the applicants' property. 5. The pool will be minimally visible from Weaver Street which is a busy street. April 24, 1991 -5- 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 7. The granting of the variance is in harmony with the general purpoccs and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 8. The strict application of the Zoning Ordinance and Tbwn 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 14-48 A(1) and 14-48 A(2) of the Zoning Ordinance be varied and modified so as to allow the lion of an above-ground pool on the premises located at 23 Weaver Street and ]mown on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Lot 178 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 following condition shall be attadhed to the variance: Approval for an above-ground pool of 18' by 24' by 4' high is granted but is limited to the life of the pool. Another variance must be sought when and if the pool is replaced.. FORMER 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 BUMMER RESOLVED, that this decision be filed with the Torn Clerk as provided in Section 267 of the Town Law. Mr. Allen gave his consent to the condition to the variance which limits the variance to the life of the pool. ***** APPLICATION NO. 4 - CASE 1026 The secretary read the application as follows: Application of Mr. and Mrs. C. S. Robertson requesting a Certificate of Occupancy for a two-story, side addition. The addition is required to have a front yard setback of 21.0 feet pursuant to a variance granted an May 7, 1987 and has an actual front yard of 20.66 feet where 30.0 feet is April 24, 1991 -6- required pursuant to Section 89-35 B(1) and further, pursuant to Section 89-35 B(1) and further, pursuant to Section 89-57 is an increase in the extent by which the structure is nonconforming, in an R-6 Zone District, on the premises located at 38 Dean Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Lot 364. Mr. Robertson appeared on behalf of his application. He stated that the builder had made an error during construction which was not discovered until a Certificate of Occupancy was sought. On Motion of Mr. Gunther, seconded by Mr. Wexler, 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 FURIHER 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 SE 2A. On motion of Mr. Simon, seconded by Mr. Gunther, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. C.S. Robertson have submitted a request for Certificate of Occupancy to the Building Inspector, together with plans, for an existing two-story, side addition which had been granted a variance fran this Board on May 7, 1987 on the premises located at 38 Dean Place and ]mown on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Lot 364; 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) and 89-57 and with the variance granted in 1987 by. this Board; and . WHEREAS, Mr. and Mrs. Robertson 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 addition was built under plan; the owner is not responsible for the error. April 24, 1991 -7- 2. Said error is small - .34 feet. 3. It would be more adverse to the environment to remove the non-ccattplying part of the structure than to leave it in place. 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. 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 89-35 B(1) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the retention of a two-story, side addition and the issuance of a Certificate of Occupancy on the premises located at 38 Dean Place and known on the Tax Assessment Map of the Tbwn of Mamaroneck as Block 505 Lot 364 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comely 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 RIMER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 4 - CASE 1026 The secretary read the application as follows: Mr. and Mrs. M. Greene requesting a variance for the proposed construction of an in-ground pool. The pool as proposed would have a rear yard setback of 11.0 feet to a walk where 20.0 feet is required pursuant to Section 14-48 A(2) and would be 1.0 feet to a walk from a rear deck where 15.0 feet is required from a principal or accessory structure pursuant to Section 14-48 A(1) , in an R-20 Zone District, on the premises located at 17 Marbourne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Lot 49. April 24, 1991 -8- y Mr. Greene and Perry Perlman of Sylvan Pools appeared on behalf of the application. Mr. Greene stated that he was a general contractor and had built his house. He requested a variance as the property slopes severely; it is filled with below-ground rock formations; and the TOwn holds an easement for a portion of the property. As Mr. Greene had planned to construct a pool, he stated that he had removed bell rock at the proposed site of the pool while building the house which was completed in April 1988. Therefore, the need to blast was not anticipated. Mr. Greene stated that it was his intention to screen the pool and its equipment and that he would follow the Town codes "straight through". Based upon applicant's representation that blasting would not be necessary, 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 SEIQRA. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. M. Greene have submitted an application to the Building ding Inspector, together with plans, to construct an ingrour�d pool with walkway on the premises located at 17 Marbourne Drive and }mown on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Lot 49; 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 14-48 A(1) and 14-48 A(2) ; and WHEREAS, Mr. and Mrs. Greene 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: April 24, 1991 -9- 1. The constraints of the property dictate this site as the optima one for pool construction. There is a great deal of underground rock running from side to side of the rear yard; the property slopes severely to the rear; and there is a Town easement in the rear yard. 2. Pre-excavation for a pool was done during the construction of the house. Therefore, it is not anticipated that rock removal by blasting will be required. 3. There is no neighbor to the rear of the property. 4. The proposed location of the pool is one that is minimally visible from the street and neighbors' properties. 5. The setback is, on-average, 13 feet. There is a small area which has an 11-foot setback. 6. The pool is 1 foot from a deck, but 19 feet from the house. 7. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 8. The granting of the variance is in harmony with the general purrnocs and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 9. 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 14-48 A(1) and 14-49 A(2) of the Zoning Ordinance be varied and modified so as to allow the construction of an in ground pool and a walkway on the premises located at 17 Marbourne Drive and ]mown on the Tax Assessment Map of the Town of Mamaroneck as Block 334 Lot 49 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 FUG RESOLVED, that the following condition shall attach to this variance: The removal of rock, if necessary, shall be by mechanical means. FURIHE2 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 andcompleted within two years of the date of said permit; and it is April 24, 1991 -10- FURIR RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law ****** APPLICATION NO. 5 - CASE 1027 Application of Mr. W. O'Shaughnessy requesting a variance fram Section 89-33 B(2) (a) to reduce the side yard from 10.0 feet required to 8.9 feet and from Section 89-33 B(3) to reduce the rear yard from 25.0 feet required to 17.0 feet to retain a 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 24 Rockland Avenue and ]mown on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Lot 425. William O'Shaughnessy appeared on behalf of his application. He stated that the structure was built 12 - 15 years ago. He had understood that his structure was in conformance but did not file plans with the Building Department. The deck is used as an entrance and egress, was needed for safety purpoccz for the young children in the family at that time as the backyard is filled with rock and replaced a cement structure which had basically the same footprint. Mr. O'Shaughnessy had contacted his neighbors who have submitted letters in favor of the variance. Said letters will became part of the record. On motion of Mr. Gunther, 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 FURIHER 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 SF RA. On motion of Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, William O'Shaughnessy has submitted an application to the Building Inspector, together with plans, to retain a rear deck on the premises located at 24 Rockland Avenue and ]mown on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Lot 425; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to =amply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-33 B(2) (a) , 89-33 B(3) , and 89-57; and WHEREAS, Mr. O'Shaughnessy 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 April 24, 1991 -11- , this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof; tug, ME2EEURE, BE IT RESOLVED, that this Board finds that there are special cisstances and/or axxlitions applying to the land for which the variance is sought on the following grounds: 1. The deck is small; it appears to be not much larger than what is needed to provide entrance and egress. 2. The rear yard is irregular in topography. 3. The deck is the only way to egress the rear of the house, and the deck is built over rock outcroppings. 4. Favorable letters have been received from the immediately impacted neighbors. 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. 7. The strict application of the Zoning Ordinance and Town Oode 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 PUS RESOLVED, that a variance is hereby granted and that Sections 89-33 B(2) (a), 89-33 B(3) and 89-57 of the Zoning Ordinance be varied arninnodified so as to allow the retention of a rear deck on the premises located at 24 Rockland Avenue and knoam on the Tax Assessment Map of the Town of Mamaroneck as Block 222 lot 425 in strict coenformance 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 FUG RIMOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law ***** April 24, 1991 -12- ADJOURNMENT The meeting was adjourned at 9:28 PM for a short recess and was reopened at 9:32 PM. APPLICATION NO. 6 - CASE 1028 The Secretary read the application as follows: Application of Mr. and Mrs. W. Nero requesting a variance fran Section 89-34 B(2) (a)&(b) to reduce the side yard from 10.0 feet required to 2.5 feet and the total side yard width from 20.0 feet required to 15.8 feet for the proposed construction of a two story rear addition; and, further requesting a variance from Section 89-34 B(3) to retain an existing deck having a rear yard of 17.2 feet where 25.0 feet is required. The deck and addition increase the extent by which the structure is nonconforming pursuant to Section 89-57, in an R-7.5 Zone District, on the premises located at 47 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Lot 67. Mr. Nero appeared on behalf of his application. He stated that the front of his house faces a paper street - Adams Street - and his house is behind 49 North Chatsworth Avenue. The house is 10-20 feet below the grade of North Chatsworth. Mr. Nero proposed building a family roan to the side of his house aver a new garage and constructing larger bedrooms on the second floor. Currently the three bedrooms are 10' by 11'. The Neros have a twenty-year-old son and a fifteen-year-old daughter. The proposed family roan would double as a guest roan when Mrs. Nero's parents return to Iarthmont to visit. Mr. Nero consulted his neighbors including the most impacted neighbor, Mr. Cardoza of 49 North Chatsworth, whose house is 40' from the joint property line. Mr. Nero stated that they had no objections. Mr. Negrin had been unable to find the house and was reluctant to make a decision without a visit when the addition in question was large and very close to one side yard lot line. Mr. Wexler stated that the addition was 30.9 feet high and reminded the Board that the close neighbor had a right to build cut fran his house as well. He would have liked to see stakes placed where the addition would be and at the property line. On motion of Mr. Wexler, seconded by Mr. Gunther, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed actions may have a significant impact on the environment; and it is FURII1R RESOLVED, that these are Type II Actions having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. The proposed addition and existing deck were treated as two separate actions. April 24, 1991 -13- With Mr. Wexler opposed and Mr. Negrin abstaining, on motion of Mr. Gunther, seconded by Mr. Simon, the following resolutions were adopted with a 3-1-1 vote: WHEREAS, Mr. and Mrs. William Nero have submitted an application to the Building Inspector, together with plans, to construct a two-story, rear addition on the premises located at 47 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Lot 167; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to Damply with the Town of Mamarr neck Zoning Ordinance with particular reference to Sections 89-34 B(2) (a) & (b) and 89-57; and WHEREAS, Mr. and Mrs. Nero 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. This site is considerably below grade of the nearest street which is accessible to traffic. 2. The house is on Adams Street, a paper street, which is traversed only by the applicants and municipal personnel who need access to the easement area. 3. The addition is a reasonable use of the property when taken in context with the surrounding, abutting lard. 4. This house is placed on a substandard lot - 50 x 100 - in an R-7.5 District in which 7500 square feet and 60' of frontage are required.. 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. 7. The strict application of the Zoning Ordinance and Town °ode world 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 April 24, 1991 -14- FURLUER RESOLVED, that a variance is hereby granted and that Sections 89-34 B(2) (a) & (b) and 89-57 of the Zoning Ordinance be varied and modified so as to allow the construction of a two-story, rear addition on the premises located at 47 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaronedk as k 133 Lot 67 in strict conformance with the plans filed with this application and any conditions set forth in these resolutioons, the provided that the applicants comply in all other respects 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 Teton Clerk as provided in Section 267 of the Town Law On motion of Mr. Gunther seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Nero have submitted an application to the Building Inspector, together with plans, to retain a deck on the premises located at 47 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Lot 67; and WHEREAS, the Building Inspector has declined to igocrte such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 89-34 B(3) and Section 89-57; and WHEREAS, Mr. and Mks. Nero 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. This site is considerably below the grade of the nearest street which is accessible to traffic. 2. The house is on Adams Street, a paper street, which is traversed only by the applicants and municipal personnel who need access to the easement area. April 24, 1991 -15- 3. A deck is in keeping with other structures in the immediate area. 4. The terrain in the rear yard is awkward in terms of recreational use. 5. The variance granted is the minim to alleviate the practical difficulty detailed in the application. 6. The granting of the variance is in harmony with the general rpose and intent of this Ordinance and will not be injurious ous to the neighborhood or otherwise detrimental to the public welfare. 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 and that Sections be varied and 89-34 B(3) and Section 89-57 of the Zoning modified so as to allow the retention of nde k on thelt Map of located at 47 North Chatsworth and known conformance the Town of Mamaroneck as Block 133 Lot 67 in motico s etwiih the plans filed with this application and any 1 all other n these resolutions, provided that the applicants comply in 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 ding 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 1029 The Secretary read the application as follows: Application of Mr. and Mrs. M. Lubben requesting a variance from Section 89-35 B(3) to reduce the rear yard from 25.0 feet required to 9.15 feet and from Section 89-35 B(2) (a) to reduce the side yard from 8.0 ft. required to 7.1 ft. for the proposed construction of two rear additions which will increase the extent by which the structure is nonconforming on rs pursuant to Section 89-57, in an R-6 Zone District, s of eemise Town located at 30 Copley Road and known on the Tax Assessment of Mamaroneck as Block 409 Lot 75 Mr. Lubben appeared on behalf of his application accanpanied by his architect, Joseph Reilly. April 24, 1991 -16- He stated that he and his wife are both employed. They want to build live-in-quarters for a domestic employee away from the family's living quarters which have the only shower in a bathroom in the hall area. Mr. Lubben stated that separate quarters would be desirable in the view of a prospective employee. An employee is needed to care for a newborn infant. Mr. Reilly stated, in response to a question about alternative plans, that the house is eccentrically laid out as it is built on a ledge outcropping. Mr. Lubben wants to preserve a stained glass skylight and retain the open space in his yard which abuts similar space in his neighbors' yard. Construction on that part of the property abutting 25 Kenmare Road would necessitate blasting, and this site precludes getting heavy equipment on to it to do construction. With the proposed plan, there would be less hardship to the occupants during its construction; and two trees would be felled. Mr. Wexler stated that he had a problem with adding 15,000 square feet and speculated whether the proposed closet which would have a window was a preliminary space leading to the installation of another bathroom. Mr. Lubben stated that his impacted neighbors, the Millars at 28 Copley Road were favorable towards his application. Mr. Negrin polled the Board. The members indicated that they were leaning towards approving the addition in the kitchen area but were not in favor of a two-story addition right at the corner of the lot. With the consent of Mr. Lubben, on motion of Mr. Gunther, seceded by Mr. Simon, this application was adjourned to the next meeting of this Board. ***** APPLICATION NO. 8 - CASE 1030 No one appeared for this application. It was put over to the next meeting for which it will be re-noticed NEXT METING The next meeting of this Board will be May 29, 1991. APPROVAL OF MIN[TIES On motion of Mr. Kelleher, seconded by Mr. Simon, the minutes for the meeting of November 28, 1991 were approved. On motion of Mr. Simon, seconded by Mr. Kelleher, the minutes for the meeting of January 17, 1991 were approved as amended. Mr. Negrin asked the secretary to re-circulate the February minutes. ALUOURNMENT On motion of Mr. Kelleher, seconded by Mr. Simon, the meeting was adjourned at 11 PM. Bonnie M. Burdick