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