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HomeMy WebLinkAbout1988_05_25 Zoning Board of Appeals Minutesr11 MINUTES OF THE REGULAR MEETING OF THE • ZONING BOARD OF THE TOWN OF MAMARONECK MAY 25, 1988, IN THE COURTROOM, TOWN OFFICES 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CALL TO ORDER The meeting was called to order by Chairman Negrin at 8:20 P.M. ROLL CALL Present: Joel Negrin, Chairman Thomas E. Gunther Patrick B. Kelleher J. Rene Simon Arthur Wexler Also Present: Edward M. Lieberman, Town Counsel William E. Jakubowski, Building Inspector Denise Carbone J&L Reporting Service 180 E. Post Road White Plains, NY 10601 Bonnie M. Burdick, Recording Secretary • APPLICATION NO. 1 - CASE 843 The Recording Secretary read the application as follows: Application of 21 North Chatsworth Owners Corporation requesting a variance from Article XI Section 89-66 A for the proposed construction of a new two (2) bedroom apartment without provision of any additional parking spaces. The new apartment lacks required added parking as one and one-half (1 1/2) spaces per dwelling unit are required, in an R-TA Zone District, and no additional spaces are provided on the premises located at 21 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 514. William Maker, Jr. , Attorney, and Lawrence Gordon, Architect, appeared on behalf of the applicant. The applicant stated that it wishes to make profitable use of space that was formerly a recreation area but is no longer utilized. Mr. Maker was requesting an area variance. He reminded the Board that the co-op had recently bought land from the Town and created an 18 space parking lot. Parking also is available under the building. Mr. Maker felt that one more apartment would not present an substantial burden, would provide one more housing unit, and would add a taxable unit to the Town tax rolls. Mr. Simon had interviewed the Superintendent of the building, who • advised that not all of the newly created spaces in the parking lot have been rented. Egbert Hardesty of 14 North Chatsworth Avenue - the Chatsworth Gardens r May 25, 1988 -2- Apartments - spoke from the audience. He stated that the residents of his building were interested in any improvements in parking that the Traffic Commission could make. He also said that Chatsworth Gardens had no objection to the application. Mr. Negrin requested more details about the number of parking spaces available to the residents of 21 North Chatsworth and the utilization of such spaces, and proposed referring this matter to the Traffic Commission for its comments. However, the other members of the Board stated that the addition of one apartment to the building was a minimal addition, and they were prepared to vote at this meeting. On motion by Mr. Wexler, seconded by Mr. Gunther, it was unanimously 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 SEQR. Further, on motion by Mr. Gunther, seconded by Mr. Simon, with Mr. Negrin abstaining, the following resolutions were adopted: WHEREAS, 21 North Chatsworth Owners Corporation has submitted an application to the Building Inspector, together with plans to construct a two (2) bedroom apartment without provision of any additional parking spaces ; 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 Article XI, Section 89-66 A on the premises located at 21 North Chatsworth Avenue and known on the Tax Assessment Map as Block 133 Parcel 514; and WHEREAS, 21 North Chatsworth Owners Corporation has 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 of one apartment provides a minimal impact. 2. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the May 25, 1988 -3- neighborhood or otherwise detrimental to the public welfare; and 3. 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 Article XI Section 89-66 A of the Zoning Ordinance be varied and modified so as to allow the construction of a two bedroom apartment on the premises located at 21 North Chatsworth Avenue and known on the Tax Assessment Map as Block 133 Parcel 514 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 Code. ***** APPLICATION NO. 2 - CASE NO. 844 The Recording Secretary read the application as follows: Application of Mr. and Mrs. Robert Agnew requesting a variance from Article VI Section 89-35 B(2) (a) & (b) to reduce the side yard from 8.0 feet required to 5. 11 feet, and also to reduce the total for both side yards from 18.0 feet required to 13.2 feet, in an R-6 Zone District, for the proposed construction of a rear dormer on the premises located at 13 Kenmare Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 40. Lawrence Bremer, Designer, presented the application. The proposed addition would add a third bedroom and a bathroom. The addition would remain within the existing footprint. The additional bedroom would be used as a guest room. Mr. Wexler noted that the house, which is approximately 1400 - 1500 square feet in size, is under-sized for the zone district. Pith May 25, 1988 -4- On motion of Mr. Gunther, seconded by Mr. Simon, it was unanimously 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 SEQR. Thereafter, on motion of Mr. Simon, seconded by Mr. Gunther,the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. Agnew have submitted an application to the Building Inspector, together with plans to construct a two-story rear dormer with a 5.11 feet side yard, and total side yards of 13.2 feet; 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 Article VI, Section 89-35 B (2) (a) and (b) on the premises located at 13 Kenmare Road and known on the Tax Assessment Map as Block 409 Parcel 40; and WHEREAS, the Agnews 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 (1110 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. Extending the house into the rear yard would not be practical. 2. There is no other practical way to expand this house. 3. The proposed variance would be the minimum needed to alleviate the practical difficulty. 4. The size of the house with the addition would be more consistent with the zoning ordinance and existing houses in the neighborhood. 5. Although the proposed addition would increase the existing non-conformity by extending the volume of the house, it would not result in any part of the house being closer to the side lot line. May 25, 1988 -5- 6. The granting of the variance is in harmony with ' (1.0' 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 Article VI Section 89-35 B (2) (a) and (b) of the Zoning Ordinance be varied and modified so as to allow the construction of a rear dormer on the premises located at 13 Kenmare Road and known on the Tax Assessment Map as Block 409 I Parcel 40 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 to 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 Code. APPLICATION NO. 3 - CASE 845 The Recording Secretry read the application as follows: Application of Mr. John Tigue, Jr. requesting a variance from Article VI Section 89-34 B (2) (a) and (b) to reduce side yard from 10.0 feet required to 8.52 feet, and also to reduce the total for both side yards from 20.0 feet required to 15.22 feet, in an R-7.5 Zone District, to allow to remain a rear side deck on the premises located at 639 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Parcel 1. 3 1 May 25, 1988 -6- Andrew Holding, of ARH Construction, appeared on behalf of the applicant. At the time the deck was built, Mr. Tigue had assumed that a Certificate of Occupancy was automatically issued after a building permit was issued. When the site was recently surveyed, the rear end of the porch was found to be non-conforming. A letter objecting to an additional structure, which is not Mr. Tigue's proposal, from Dr. Peter Bruno, a neighbor, was made part of the record. On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously 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 SEQR. Thereafter, on motion by Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. John Tigue, Jr. has submitted an application to the Building Inspector, together with plans to allow to remain a rear side deck with a 8.52 side yard, and total side yards of 15.2 ft. ; and (III/Pd 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 Article VI, Section 89-34 B (2) (a) and (b) on the premises located at 639 Forest Avenue and known on the Tax Assessment Map as Block 115 Parcel 1; and WHEREAS, Mr. Tigue 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 non-conforming part of the deck is extremely small. 2. The configuration of the lot lines is such that ' G the side yard variance is for an angled corner of the deck only. May 25, 1988 -7- 3. 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 4. 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 Article VI Section 89-34 B (2) (a) and (b) of the Zoning Ordinance be varied and modified so as to allow to remain a rear side deck the premises located at 639 Forest Avenue and known on the Tax Assessment Map as Block 114 Parcel 569 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 Code. APPLICATION NO. 4 - CASE NO. 846 The Recording Secretary read the application as follows: Application of Mr. Brad Eric Scheler requesting a variance from Article VI Section 89-35 B(3) to reduce the rear yard from 25.0 feet required to 14.0 feet, in an R-6 Zone District, for the proposed construction of a rear screened porch and second floor additon on the premises located at 32 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 430. Mr. Scheler appeared for his application. Mr. Scheler explained that he required additional bedrooms for his daughter and for any inccrease in the size of his family, and that he felt that the best solution to his need for additinal bedrooms was the plan for ID an extension which he presented. He had considered building bedrooms in the attic. Such construction would require special permission from the State, and the Schelers were uncomfortable about having very young children sleep on the third floor. May 25, 1988 -8- Mr. Scheler presented favorable letters from the neighbors on either side of his property. 4W Mr. Wexler felt that the addition was too large. He stated that many houses on this street are too large for their parcels. He reminded the Board and the applicant that once such building is done, the land is lost forever. On motion by Mr. Wexler, seconded by Mr. Kelleher, the Board unanimously 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 SEQR Mr. Kelleher moved to grant the variance, seconded by Mr. Simon. Mr. Kelleher and Mr. Simon voted in favor of the motion. Mr. Gunther and Mr. Negrin were opposed to the motion, and Mr. Wexler abstained. The matter was declared a non-action. Mr. Wexler asked Mr. Scheler to submit letters from his neighbors in the rear and cost estimates for building on the third floor. Upon submission of responses to the questions raised, the application may be scheduled for hearing at a future meeting. 4' APPLICATION NO. 5 - CASE 847 The Recording Secretary read the application as follows: Application of Mr. Charles Flynn requesting a variance from Article VI Section 89-33 B (2) (a) and (3) to reduce the side yard from 10.0 feet required to 7.12 feet and also to reduce the rear yard from 25.0 feet required to 12.1 feet, in an R-10 Zone District, for the proposed construction of a rear addition on the premises located at 28 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Parcel 435. Michael Gismondi, Architect, and Mr. Flynn, the applicant, appeared on behalf of the application. Mr. Gismondi had replaced another architect whose plans were submitted with the application. Modifications were proposed largely in response to the Flynn's closest neighbor, Charles Horsman. Mr. Gismondi's solution was to pitch the roof of the addition and to add windows and skylights. Mr. Horsman, of 30 Rockland Avenue, was at the meeting and did not oppose the new plans. Mr. Gismondi explained that the plans remain within the footprint CP, of the house. An existing screen porch would be enclosed and a powder room added downstairs with a small bedroom added above for a child expected this summer. May 25, 1988 -9- On motion of Mr. Gunther, seconded by Mr.Kelleher, it was CO unanimously 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 SEQR. On motion of Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Mr. Charles Flynn has submitted an application to the Building Inspector, together with plans to construct a rear addition with a 7.12 side yard and a 12.1 feet rear yard; 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 Article VI, Section 89-33 B (2) (a) and (b) on the premises located at 28 Rockland Avenue and known on the Tax Assessment Map as Block 222 Parcel 435; and WHEREAS, Mr. Flynn 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 4/110 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 applicant is expecting a child in a few months and will require additional living space. 2. The proposed addition is the minimum space needed to alleviate the practical difficulty described in the application, and has been modified from a previously designed, more objectionable proposal. 3. 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 I May 25, 1988 -10- 4. The strict application of the Zoning CO Ordinance and Town Code would deprive the applicant 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 the following condition shall attach to this variance: 1. The applicant shall strictly follow the plans submitted to this Board on May 25, 1988. FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 B (2) (a) and (b) of the Zoning Ordinance be varied and modified so as to allow the construction of a rear addition on the premises located at 28 Rockland Avenue and known on the Tax Assessment Map as Block 222 Parcel 435 in strict conformance with the plans submitted to the Board on May 25, 1988 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 (111, 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 Code. ***** APPLICATION NO. 6 - CASE NO 848 The Recording Secretary read the application as follows: Application of Mr. Fred Bender requesting a variance form Article VI Section 89-35 B (2) (a) and (b) to reduce the side yard from 8.0 feet required to 6.2 feet, and also to reduce the total for both side yards from 18.0 feet required to 14.87 feet, in an R-6 Zone District, for the proposed construction of a rear two-story addition on the premises located at 61 Myrtle Blvd and known on the Tax Assesment Map of the Town of Mamaroneck as Block 124 Parcel 580. Mr. Bender presented his application. He said that he had purchased his house in October - a "handyman's special" - knowing that it lacked a bedroom his family needed, but that the house was 41,1 all that he could afford. 1 a May 25, 1988 -11- The Board was aware of how much work Mr. Bender had already done on the house and complimented him on its improved appearance. However, the members expressed discomfort with the addition as designed, particularly with respect to the length of the side wall close to the neighbor. Mr. Bender has a small house on a large lot. The Board suggested that the plans could be re-designed to better utilize this lot while presenting a better side view to the neighbor. Very possibly such revised new plans would not need a variance. Mr. Bender withdrew his application. ***** APPLICATION NO. 7 - CASE 849 The Recording Secretary read the application as follows: Application of Mr. J. Michaeli and Ms. Ellen Dunkin requesting a variance from Article VI Section 89-33 B (2) (a) and (b) to reduce the side yard from 10.0 feet required to 1.1 feet, and also to reduce the total for both side yards from 25.0 feet required to 21.1 feet, in an R-10 Zone District, for the proposed construction of a rear deck of two levels on the premises located at 9 Woody Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 224 Parcel 198. Mr. Negrin stated that he is an acquaintance of Mr. Michaeli, but that no business or close personal relationship exists between them and that he believed he would be able to act on the application without prejudice or the appearance of prejudice. The Coastal Zone Management Commission had written to the Board stating that the application is not inconsistent with the policies of the Local Waterfron Revitalization Program and would have a minimal impact on the environment. Richard Shapiro, Attorney, appeared with Mr. Michaeli. He advised that the application was incorrect insofar as as the deck already has been built. Mr. Michaeli was not aware that a variance was needed when it was built and is now unable to sell the house without a Certificate of Occupancy. The lot has a very small level area behind the house. It changes to high rock outcroppings. Mr. Wexler observed that the deck was a way of making unusable space usable. On motion of Mr. Simon, seconded by Mr. Wexler, it was unanimously RESOLVED, that this is a Type I Action and that, considering the correspondence from the Coastal Zone Management May 25, 1988 -12- Commission, we find that the matter will have no significant adverse effect on the environment. Further, on motion by Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: i d an WHEREAS, J. Michaeli and Ellen Dunkin have submitte application to the Building Inspector, together with plans to construct a rear deck with a 1.1 foot side yard, and a 21.1 foot total side yards, but the maintenance of an existing deck was intended; 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 Article VI, Section 89-33 B (2) (a) and (b) on the premises located at 9 Woody Lane and known on the Tax Assessment Map as Block 224 Parcel 198; and WHEREAS, Mr. Micha eli and Ms. Dunkin 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; 411, 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 back yard is an irregular lot with irregular topography. 2. The deck, as designed, is the minimum design necessary to alleviate the practical difficulty for use of the rear yard. 3. 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 4. 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 CIO will accomplish this purpose; and it is May 25, 1988 -13- FURTHER RESOLVED, that the following condition shall (11W attach to this variance 1. The existing shrubbery or the equivalent, screening the deck from the adjacent lot shall be maintained and remain in place, or replaced as necessary. FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 B (2) (a) and (b) of the Zoning Ordinance be varied and modified so as to allow the maintenance of a rear deck on the premises located at 9 Woody Lane and known on the Tax Assessment Map as Block 224 Parcel 198 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 (11114 FURTHER RESOLVED that this decision be filed with the Town Clerk as provided in Section 267 of the Town Code. ***** APPLICATION NO. 8 - CASE 850 The Recording Secretary read the application as follows: Application of Mr. J. Cuddy and Ms. D. Recio requesting a variance from Article VI Section 89-33 B (2) (a) and (b) to reduce the side yard from 10.0 feet required to 5.11 feet, and also to reduce the total for both side yards from 25.0 feet required to 14.13 feet, in an R-10 Zone District, for the proposed construction of a rear dormer on the premises located at 11 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 313. Ms. Rescio presented the application. The applicants wish to continue a dormer across the rear of their house to provide a bedroom for an expected third child. The property is higher than adjacent lots and, therefore, the second-story addition would not impact in any way on a neighbor. CO May 25, 1988 -14- On motion of Mr. Wexler, seconded by Mr. Gunther, it was unanimously 410 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 SEQR Thereafter, on motion of Mr. Negrin, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. Cuddy and Ms. Rescio have submitted an application to the Building Inspector, together with plans to construct a rear dormer with a 5.11 feet side yard and total side yards of 14.13 feet; 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 Article VI, Section 89-33 B (2) (a) and (b) on the premises located at 11 Holly Place and known on the Tax Assessment Map as Block 221 Parcel 313; and WHEREAS, Mr. Cuddy and Ms. Rescio 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 Cope 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 applicants are expecting a third child in a few months and require additional living space. 2. The plans are for the minimum construction necessary to alleviate the hardship described in the application. 3. 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 41110 4. 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 tillh May 25, 1988 -15- 4firi is hereby RESOLVED, that a variance granted and that Article VI Section 89-33 B (2) (a) and (b) of the Zoning Ordinance be varied and modified so as to allow the construction of a rear dormer on the premises located at 11 Holly Place and known on the Tax Assessment Map as Block 221 Parcel 313 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 Code. ***** NEXT MEETING 460 Mr. Negrin announced that the next regularly scheduled meeting of the Board would be June 7, 1988 at 8:15 P.M. in the Court Room. The meeting following will be June 22, 1988. ADJOURNMENT On motion of Mr. Kelleher, seconded by Mr. Wexler, the meeting was adjourned at 11:40 P.M. 1 410111(0.4.1. /t . Avila, Bonnie M. Burdick Recording Secretary 41104