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HomeMy WebLinkAbout1989_11_29 Zoning Board of Appeals Minutes (2) MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK NOVEMBER 29, 1989, IN THE COURTROOM, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Thomas E. Gunther Patrick B. Kelleher J. Rene Simon Arthur Wexler Also Present: Lee A. Hoffman, Jr. , Counsel William E. Jakubowski, Building Inspector Cathy Brady, Public Stenographer Carbone, Kazazes & Associates 225 Mount Pleasant Avenue Mamaroneck, NY 10543 Bonnie M. Burdick, Recording Secretary CALL TO ORDER The meeting was called to order by Chairman Negrin at 8:20 PM. APPLICATION NO. 1 - CASE 943 The Recording Secretary read the application as follows: Application of Mr. and Mrs. G. Allen requesting a variance from Section 89-44D to construct a six (6) foot high side and rear fence [four (4) feet height maximum permitted] , in a Residence 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 Parcel 178. Mr. Allen appeared on behalf of the application. He stated that his neighbors to the rear, at 15 Winthrop Avenue, have a four foot high chain link fence and three dogs. The animal hospital is next door. When his children play outside the dogs are very disruptive. A higher than usual fence is needed to keep the dogs in the rear from scaling the fence. Because Weaver Street is a busy street, the Allens want the children to play in the back yard. Mr. Allen presented letters from his neighbors favoring the fence. Said letters will become part of the record. When asked why the fencehad been erected prior to the hearing, Mr. Allen stated that the fence was installed as a surprise by a contractor friend who was not aware of the need for a variance. Mr. Negrin complimented Mr. Allen on the nice feeling in his back yard, adjacent to a commercial zone. November 29, 1989 -2- On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Gunther, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. G. Allen have submitted an application to the Building Inspector, together with plans, to allow the construction of a six-foot high stockade fence which would exceed the four-foot height limit allowable; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Section 89-44 D which would exceed the four-foot height allowance on the premises located at 23 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 178; 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 there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The Aliens are suffering an undue hardship in their surroundings with many dogs in an adjacent animal hospital and a busy street in the front of their house. 2. The property is adjacent to a commercial area. November 29, 1989 -3- 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. There are special circumstances and conditions applying to the land for which the variance is sought, which circumstance and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from and that strict compliance with the requirements of the Zoning Ordiance will not alleviate applicant's practical difficulty. FURTHER RESOLVED, that a variance is hereby granted and that Article VIII Secion 89-44 D be varied and modified so as to allow the erection of a six-foot fence on the premises located at 23 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 178 in strict conformance with the plans filed with this application, provided that the applicant complies 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 bulding permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 2 - CASE 939 The Recording Secretary read the application as follows: Application of Mr. and Mrs. S. Goodman requesting a variance from Section 89-33 B(2)(a) to reduce the side yard from 10.0 feet required to 5.5 feet, in an R-10 Zone District, to retain a rear patio which results in an increase by which the building is non-conforming pursuant to Section 89-57 on the premises located at 133 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 114 Mr. Goodman appeared on behalf of the application. He stated that the patio had been built in 1977 to provide a place to sit outside and cook out. Mr. Goodman stated that the applicants were not aware of the need for the variance until recently when they had sought to build an enclosed structure on half of the patio. The neighbors most impacted by these plans objected and said plans are currently being reevaluated. However, the Goodmans want to put things in order and seek variance for the patio now. November 29, 1989 -4- On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Kelleher, seconded by Mr. Simon, the folowing resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. S. Goodman have submitted an application to the Building Inspector, together with plans, to retain the rear patio on the premises located at 133 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 114; 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 89-33 B (2)(a) ; and WHEREAS, Mr. and Mrs. Goodman 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. It would be a financial hardship to remove the twelve-year old structure. 2. There is no apparent abjection from neighbors. The Goodmans have seriously compromised their plans for extension to accomodate neighbors' wishes. 3. The lot is a corner one. Its grade is down from the house to the side and back. 4. The closest neighboring house has a driveway adjacent to the patio which makes the patio less obtrusive. November 29, 1989 -5- 5. The base of the patio is well screened by shrubbery. 6. The patio is no closer to the property line then the present 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 purposes 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 Section 89-33 B (2)(a) of the Zoning Ordinance be varied and modified so as to retain the patio on the premises located at 133 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 114 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ****** APPLICATION NO. 3 - CASE 945 The Recording Secretary read the application as follows: Application of Mr. and Mrs. L. Shaoul requesting a variance from Section 89-33 B(3) to reduce the rear yard from 25.0 feet required to 18.0 feet, in an R-10 Zone District, to retain a wood deck on the premises located at 807 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamroenck as Block 207 Parcel 393. Mr. Shaoul appeared on behalf of his application. He stated that his house had an old deck with holes in it when he bought it. Mr. November 29, 1989 -6- Shaoul stated that he was a naive, new owner and did not realize that he needed a permit to rebuild the deck. His contractor was unaware of regulations as well. Mr. Shaoul stated that his family includes a three year old and a pregnant wife. Both seek safety- and privacy on the rear deck from the busy traffic on Rockland Avenue. On motion of Mr. Wexler, seconded by Mr. Kelleher, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Simon, seconded by Mr. Wexler, the following resolutions were adopted: WHEREAS, Mr. and Mrs. L. Shaoul have submitted an application to the Building Inspector, together with plans, to retain a wood deck on the premises located at 807 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 207 Parcel 393; 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 89-33 B(3) ; and WHEREAS, Mr. and Mrs. Shaoul 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 property is a corner lot which reduces the rear yard. 2. There has been a deck in existence for several years. November 29, 1989 -7- 3. Favorable letters from several neighbors have been submitted. 4. There are several neighbors with similar decks. 5. Rockland Avenue is a busy street. The deck provides a safe place for small children to play. 6. A hedge and shrubbery are planted around the perimeter of the property. 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 purposes 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 the following condition shall be attached to this variance: Shrubs shall be planted at the rear part of the lower part of the deck. FURTHER RESOLVED, that a variance is hereby granted and that Section 89-33 B(3) of the Zoning Ordinance be varied and modified so as to allow the retention of a wood deck on the premises located at 807 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 207 Parcel 393 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** November 29, 1989 -8- APPLICATION NO. 4 - CASE 947 The Recording Secretary read the application as follows: Application of Mr. and Mrs. C. Iovenitti requesting a variance from Section 89-33 B(3) to reduce the rear yard from 25.0 feet required to 10.0 feet, for the proposed enclosure of an existing rear porch which will increase the extent by which the existing structure fails to meet the requirements pursuant to Section 89-57, in an R-10 Zone District, on the premises located at 185 East Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Parcel 177. Mrs. Iovenitti appeared on behalf of the application. She stated that her house is a six-room "ranch" and that, with two young children, an additional room would alleviate a practical difficulty in the enjoyment of her property. The current structure is rotting; the planned addition would be attractive and would include new windows, sliding doors and siding; and the current kitchen door would be eliminated. Mrs. Iovenetti stated that the rear neighbors' house on East Garden Road is 50 feet above her yard, and they look at a large weeping willow in her yard. Mr. Hoffman noted that there is a 10 foot sewer easement on the southern 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 action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were adopted: WHEREAS, Mr. and Mrs. Iovenitti have submitted an application to the Building Inspector, together with plans, to enclose an existing rear porch on the premises located at 185 East Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Parcel 177; 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 89-33 B(3) ; and November 29, 1989 -9- WHEREAS, Mr. and Mrs. Iovenitti 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 existing structure is a pre-existing structure. 2. Enclosure will not increase the encroachment into the rear or side lots. 3. The lot is irregularly shaped. 4. A sewer easement restricts use of the lot. 5. The size of the addition will bring the square footage of the house closer to conformity with the zoning of the area. 6. The rear neighbors who are closest to the encroachment live high up on a hill. 7. There is a large rock outcropping in the yard which further restrict the use of the property. 8. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 9. 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. 10. 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 Section 89-33 B(3) of the Zoning Ordinance be varied and modified so as to allow the construction of an enclosed rear November 29, 1989 -10- porch on the premises located at 185 East Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Parcel 177 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 5 - CASE 948 The Recording Secretary read the application as follows: Application of Mr. J. Hanley requesting variance to retain an enclosed porch and deck. The front porch has a front yard of 24.4 feet where 30.0 feet is required pursuant to Section 89-34 B(1) and a side yard of 9.25 feet where 10.0 feet is required pursuant to Section 89-34 B(2)(a) ; the deck has a side yard of 9.5 feet where 10.0 feet is required pursuant to Section 89-34 B(2)(a) and a rear yard of 13.5 feet where 25.0 feet is required pursuant to Section 89-34 B(3) , in an R-7.5 Zone District, and further the deck and porch increase the extent by which the building fails to meet the requirements pursuant to Section 89-57 on the premises located at 5 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 213. Mr. Hanley appeared on behalf of his application. He stated that the deck had been built in the '70's and became unsafe. The former owner's builder had not sought a building permit, and Mr. Hanley had accepted a letter of compliance at the time he purchased the house. He stated that he wants to get the paperwork in order so that he can sell the house. Mr. Jakubowski stated that the survey submitted showed that the deck is six inches bigger than in actuality. However, the plans submitted with the application are correct. Mr. Hanley submitted favorable letters from his neighbors and the owner of 6 Villa Lane, the house most impacted by the enclosure, which will become part of the record. November 29, 1989 -11- On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were adopted: WHEREAS, J. Hanley has submitted an application to the Building Inspector, together with plans, to retain an enclosed porch and a deck on the premises located at 5 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 213; 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 89-34 B(1) , 89-34 B(2)(a) and 89-34 B(3) ; and WHEREAS, Mr. Hanley 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. It would be a financial hardship to remove the porch. 2. The enclosed porch was in existence at the time the house was purchased by the applicant. 3. A Letter of Compliance had been given at the time of the applicant's purchase of the house. This letter was written on 1/23/89 by the former Building Inspector, William Paonessa. November 29, 1989 -12- 4. Numerous favorable letters from neighbors were submitted including one each from both the owner and occupant of Six Villa Lane, the house most impacted by the variance. 5. The enclosure of the porch does not further encroach on the property line as the porch is set on top of the garage. 6. An open porch was a part of the original house, and with so many windows, the sense of mass is minimized. 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 purposes 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 89-34 B(1), 89-34 B(2)(a) and 89-34 B(3) of the Zoning Ordinance be varied and modified so as to allow the retention of an enclosed front porch and a deck on the premises located at 5 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 213 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law ***** November 29, 1989 -13- APPLICATION NO. 6 - CASE 948 Application of Mr. and Mrs. J. Brofman requesting a variance from Section 89-31 B(1) to reduce the front yard from 40.0 feet required to 10.0 feet for the proposed construction of a shed which will not be located on the rear one third (1/3) of the lot as required pursuant to Section 89-31 B(2)(c) , in an R-20 Zone District, on the premises located at 1158 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 340 Parcel 190. Mrs. Brofman appeared on behalf of the application. Her house was the first in the neighborhood. Subsequent development has made her house oddly placed on an unusual lot. Therefore, she requested the variance for a shed to be placed near her garden. Were it placed in the "rear" yard, it would be near a window. A storage shed is necessary, she stated, as there is no attic or garage with the house. On motion of Mr. Wexler, seconded by Mr. Kelleher, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. J. Brofmam have submitted an application to the Building Inspector, together with plans to construct a shed on the premises located at 1158 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 340 Parcel 190; 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 89-31 B(1) and 89-31 B(2)(c) ; and WHEREAS, Mr. and Mrs. Brofman 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; November 29, 1989 -14- 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 lot is shaped unusually with the house placed with no direct street frontage. 2. The house occupies the rear portion of the property. Therefore, the legal place for a shed is not available in the absence of a rear yard. 3. There is no attic, basement or garage. 4. The shed would not be obtrusive to the neighbors nor from neighboring streets. 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 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 89-31 B(1) and 89-31 (B)(2)(c) of the Zoning Ordinance be varied and modified so as to allow the construction of a shed on the premises located at 1158 Old White Plains and known on the Tax Assessment Map of the Town of Mamaroneck as Block 340 Parcel 190 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** November 29, 1989 -15- APPLICATION NO. 7 - CASE 950 The Recording Secretary read the application as follows: Application of Mr. and Mrs. W. James requesting a variance from Section 89-33 B(2)(a) & (b) to reduce the side yard from 10.0 feet required to 6.0 feet and the total side yards from 25.0 feet required to 14.2 feet, in an R-10 Zone District, to retain an enclosed porch which increases the extent by which the building fails to meet the requirements pursuant to Section 89-57 on the premises located at 43 Eton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 603. Mr. James appeared on behalf of the application. He, too, wanted to get his papers in order so that the house could be sold in the future with no difficulty. The house was built in 1950, and in 1955 an enclosure of the existing, covered porch was made which conformed to the then legal setbacks. The resultant room, which Mr. James stated has existed for nearly 35 years, does not increase the footprint of the house. The amount of variance sought is 11'6" by 7'3" - some 80-odd square feet. When Mr. Wexler questioned the ventilation and source of light in the kitchen, Mr. Jakubowski stated that there was a vent into the chimney, and Mr. James stated that a wall had been opened up On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. W. James have submitted an application to the Building Inspector, together with plans to retain an enclosed porch on the premises located at 43 Eton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 603 ; 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 89-33 B(2)(a) and (b) ; and WHEREAS, Mr. and Mrs. James submitted an application for a variance to this Board on the grounds of practical difficulty November 29, 1989 -16- 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. It would be a financial hardship to remove the existing structure's enclosure. 2. The enclosure was done in 1955 when the structure had sufficient setbacks. 3. This structure is basically the same as at least one other house on the block. 4. Adjacent to the property line which is six feet from the structure are trees and rocks. The area is not built up, and the structure is not intrusive on the neighbors' property. 5. The addition is minimal - about 80 square feet. 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 purposes 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 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 Section 89-33 B(2)(a) and (b) of the Zoning Ordinance be varied and modified so as to allow the retention of an enclosed porch on the premises located at 43 Eton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 603 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 November 29, 1989 -17- other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** NEXT MEETING The next meeting of this Board will be Wednesday, January 24, 1989. ADJOURNMENT On motion of Mr. Kelleher, seconded by Mr. Wexler, the meeting was adjourned at 9:55 PM. .e2M41111 Bonnie M. Burdick