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HomeMy WebLinkAbout1985_04_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD APRIL 24, 1985, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. A. William Boraczek, Chairman Mr. J. Rene Simon Mrs. Anne McAndrews Mr. Patrick Kelleher Absent: Mr. Peter D. Mosher Also present: Mr. William Paonessa, Building Inspector Mr. Steven Silverberg, Town Counsel The Chairman stated that Application No. 679 for Mr. Charles Hoffmann for an office building on Byron Place was not being heard at this meeting since the DEIS had not been submitted. The applicant had requested he be heard at the May meeting. Mr. Boraczek read the next application. APPLICATION NO. 2 - CASE 683 This application was postponed from the meeting of March 27, 1985. Application of Hof-Pof Realty Co. for modification of Ar- ticle X Section 89-56 E "Nonconforming Use of Buildings" and Article XI Section 89-66-A "Off-street Parking Require- ments" which requires that a nonconforming use that is changed to a conforming use must conform to existing zon- ing regulations, to maintain and use converted 2nd floor dwelling unit for professional offices which does not have the required five (5) off-street parking spaces on the premises located at 168-170 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 657 on the grounds of practical difficulty and/or unnecessary hardship. Since the applicants did not appear Mr. Boraczek said they would go on with the next application. The Chairman asked the Secretary to read the third appli- cation. APPLICATION NO. 3 - CASE 684 Application of Mr. and Mrs. Arthur Zanko for modification of Article VI Section 89-35 Subsection B (3) "Construction Requirements for an R-6 One Family Residence District" which requires a minimum rear yard of 25 ft. to allow the construction of a one story addition at the rear of the dwelling creating a rear yard of 17.5 ft. on the premises located at 65 Hillcrest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 122 Parcel 151 on the grounds of practical difficulty and/or unneces- sary hardship. Mr. and Mrs. Zanko presented their application and said they were extending 71 inches. The applicant said their present kitchen is inadequate for a family of four as far as storage, etc. and every kitchen Remodeling Co. advised them that in order to correct this they would have to ex- pand. In addition Mrs. Zanko said presently they have only one bathroom on the second floor and they need to add a powder room on the first floor. Mrs. Zanko further said the houses on both sides extend past their house and their lot is shallow. The Chairman read a letter signed by four of the Zanko's neighbors in which they said they had seen the plans and approve of the application. Mr. James Vosler of 63 Hillcrest Avenue and Mr. Edward Mulderrig of 78 Hillcrest Avenue had both signed the peti- tion and appeared in support of the Zanko's application. Mrs. Karen Bell of 11 Maple Hill Drive whose property is directly behind the Zanko's presented the Board with a letter and a list of conditions she wanted the Board to impose on the applicants if the application was approved. Mrs. Bell said they were concerned about two large ever- green trees at the rear of the Zanko's property which will screen the proposed addition and wanted the Board to request that the applicants sign a declaration that they would maintain and preserve the existing trees. The Chairman said he did not think he could impose on the applicants or subsequent owners to replace the trees and he could appreciate Mrs. Bell's concern. Mr. Silverberg said the Board could if they thought it appropriate set reasonable conditions. After further discussion on motion made and seconded the application was approved with all members voting in favor. The following Resolution was adopted: WHEREAS, Mr. and Mrs. Arthur Zanko have submitted an application to the Building Inspector to allow the construction of a one story addition at the rear of the dwelling creating a rear yard of 17.5 ft. , together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordi- nance of the Town of Mamaroneck with particular reference to Article VI Section 89-35 Subsection B (3) "Construction Requirements for an R-6 One Family Residence District" which requires a mini- mum rear yard of 25 ft. on the premises located at 65 Hillcrest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 122 Parcel 151; and WHEREAS, Mr. and Mrs. Arthur Zanko have submitted an application for a variance to this Board on the ground of practical difficulty and/or unnec- essary hardship for the following reasons: 1. The lot is shallow (79' deep) when typical lots are 100' deep. 2. The applicants require an eat-in kitchen due to family size and desire to bring it up to today's standards. 3. House has only one bathroom (2nd floor) presently - need to add a powder room on the first floor. 4. Houses on both sides extend past their house into the 25' setback area so theirs would be no further into the backyard. 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 granted the appli- cation on the following grounds: (a) That there are special circumstances and conditions applying to the land for which the variance is sought, which circumstances and/or conditions have not resulted from any acts of the ap- plicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows: 1. The addition will not extend in the rear any further than the house on either side. 2. That said circumstances or conditions are such that the particular application of the Ordinance with respect to Article VI Section 89-35 Subsection B (3) "Construc- tion Requirements for an R-6 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board is a minimum ad- justment that will accomplish this purpose. 3. That the granting of the variance is in harmony with the general purposes and in- tent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-35 Sub- section B (3) "Construction Requirements for and R-6 One Family Residence District" be varied and modified so as to allow the construction of a one story addition at the rear of the dwelling creating a rear yard of 17.5 ft. on the premises located at 65 Hillcrest Avenue C and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 151 in strict conformance with plans filed with this application provided that the applicant complies in all other respects with the Zon- ing Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. 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. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The applicant for Application No. 2 - Case 683 appeared and Mr. Cohen who occupies the office in the building said they had submitted the Assessment form that the Board had requested at the last hearing. It was pointed out that there was also a question of traffic and parking. Mr. 9e Cohen said there are five people in his office and the problem with parking is primarily in the evening. Mr. Boraczek said he would like to see a traffic study. 41 Mrs. Latona, who is Chairman of the Traffic Commission asked where Mr. Cohen's employees were parking and he said presently they park in the municipal lot across the street. It was pointed out that there is one hour parking on the street. Mrs. Latona pointed out that the Town is in the process of changing the meters. The Board asked Mr. Cohen to prepare a traffic and parking study. Mr. Cohen consented to a waiver of any time limi- tations for the Board to make a positive declaration under SEQRA. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 4 - CASE 685 Application of Mr. Joel Kronfeld for modification of Ar- ticle VI Section 89-33 Subsection B (1) "Construction Requirements for an R-10 One Family Residence District" which requires a minimum front setback of 30 ft. from both streets to allow a one story addition to the dwell- ing having a front setback of 16 ft. from Forest Avenue on the premises located at 89 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Parcel 1 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Kronfeld appeared in support of his application and said that the previous owner had obtained a variance for a two story addition which he did not build. The appli- cant said they wanted an extra bedroom and there is a ten foot drop in the back of the property. Mrs. McAndrews questioned as to whether the addition could be placed on the other side but because of the garage it was not possible. Mrs. McAndrews pointed out that because the lot is on a corner the shrubs have to be main- tained at a certain height. After further discussion a motion was made by Mr. Simon and seconded that the application be approved with all four members voting in favor and the following Resolution was adopted: WHEREAS, Mr. Joel Kronfeld has submitted an appli- cation to the Building Inspector to allow the construction of a one story addition to the dwell- ing having a front setback of 16 ft. from Forest Avenue, together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Or- dinance of the Town of Mamaroneck with particu- lar reference to Article VI Section 89-33 Sub- section B (1) "Construction Requirements for an R-10 One Family Residence District" which requires a minimum front setback of 30 ft. from both streets on the premises located at 89 Rock- land Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Parcel 1; and WHEREAS, Mr. Joel Kronfeld has submitted an ap- plication to this Board for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons: 1. Due to increased size of family the proposed addition is necessary. 2. Proposed site was the best choice for maintaining aesthetic look of struc- ture, property size and minimal amount of change to existing trees, shrubs and land slope. 3. The house with its large amount of land was acquired with the knowledge that a future addition would be pos- sible if and when needed and would have little if no effect to surround- ing area involved. WHEREAS, this Board has examined the plans, re- viewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion on the following grounds: (a) That there are special circumstances and conditions applying to the land for which the variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows: 1. The proposed addition will add an extra room which the applicant needs because his family has increased. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-33 Subsection B (1) "Con- struction Requirements for an R-l0 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance as granted by this Board is a minimum adjustment that will accomplish this purpose. 3. That 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 other- wise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 Subsection B (1) "Construction Requirements for an R-10 One Family Residence District" be varied and modified so as to allow the construction of a one story addition to the dwelling having a front setback of 16 ft. from Forest Avenue on the pre- mises located at 89 Rockland Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 210 Parcel 1 in strict confor- mance with plans filed with this application provided that the applicant complies in all res- pects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. 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. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman asked the Secretary to read the next application. APPLICATION NO. 5 - CASE 686 Application of Mr. and Mrs. Peter D. Parker for modifi- cation of Article VI Section 89-34 Subsection B (a) "Con- struction Requirements for an R-7.5 One Family Residence District" which requires a minimum side yard of 10 ft. to allow the construction of an addition at the rear of the dwelling maintaining an existing nonconforming side yard of 5.30 ft. on the premises located at 135 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 357 on the grounds of practical difficulty and/or unnecessary hard- ship. Mrs. Parker appeared before the Board and said her hus- band was out of Town and they were requesting the vari- ances for several reasons. Mrs. Parker said the ceiling going down to the basement was very low and unless they enlarge they would lose a hall closet. The applicant further said that the existing kitchen lacks storage space and because of the size of their family they need to en- large the breakfast area. In addition Mrs. Parker said the staircase leading out to the backyard needs to be repaired and they are not extending any further than the present building. Mrs. Parker said she had shown the plan to two of her neighbors. Mrs. McAndrews questioned about how close the Parkers were to their neighbor and it was pointed out it was about 12 ft. between houses. After further discussion a motion was made by Mr. Kelleher and seconded by Mr. Simon that the application be approved with all the members voting in favor and the following Resolution was adopted: WHEREAS, Mr. and Mrs. Peter D. Parker have sub- mitted an application to the Building Inspector to allow the construction of an addition at the rear of the dwelling maintaining an existing nonconforming side yard of 5.30 ft. , together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Or- dinance of the Town of Mamaroneck with particular reference to Article VI Section 89-34 Subsection B (2) "Construction Requirements for an R-7.5 One Family Residence District" which requires a minimum side yard of 10 ft. on the premises located at 135 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 114 Parcel 357; and WHEREAS, Mr. and Mrs. Peter D. Parker have sub- mitted an application for a variance to this Board on the ground of practical difficulty and/ or unnecessary hardship for the following reasons: 1. Practical difficulties in use of kitchen and breakfast area by family of four requires enlargement of the breakfast area. 2. This enlargement will be kept to a minimum area only sufficient to eli- minate the hardship. 3. Access to basement is currently under main staircase and must be moved because headroom is only 5 ft. 10 inches. 4. Rear staircase to backyard is old and possibly dangerous to small chil- dren (too steep) . 5. The proposed work will not extend any closer to existing side yard and rear of house will not be out of line with rear of neighboring houses left and right. WHEREAS, this Board has examined the plans, re- viewed 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 granted the applica- tion on the following grounds: (a) That there are special circumstances and conditions applying to the land for which the variance is sought, which ' circumstances and/or conditions have CI not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows: 1. The proposed addition is not extending into the side yard any further than the present structure. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-34 Subsection B (a) "Con- struction Requirements for an R-7.5 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance as granted by this Board (:: is a minimum adjustment that will accomplish this purpose. 3. That the granting of the variance is in harmony with the general purposes and intent of this Ordinance 7 and will not be injurious to the neighborhood or other- wise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 Sub- section B (a) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to allow the construction of an addition at the rear of the dwelling maintain- ing an existing nonconforming side yard of 5.30 ft. on the premises located at 135 North Chats- worth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Par- cel 357 in strict compliance with plans filed with this application provided that the appli- cant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. 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. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 6 - CASE 687 Application of Mr. and Mrs. David Hachey for modification of Article VI Section 89-33 Subsection B (2) (a) & (b) "Construction Requirements for an R-10 One Family Resi- dence District" which requires a minimum side yard of 10 ft. and a total of both side yards of 25 ft. to allow the construction of 2nd floor dormers maintaining exist- ing nonconforming side yards of 6.90 ft. and 7.57 ft. on the premises located at 162 West Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 199 on the grounds of practical dif- ficulty and/or unnecessary hardship. Mr. and Mrs. Hachey appeared before the Board and said when they bought the property it was with the impression they would be able to build on the house. The applicants said they wanted to add another bathroom and two bedrooms and the addition is within the existing house. /O The Hacheys said they had spoken to their neighbors who had no objection and presented the Board with a petition signed by five neighbors which was read by Mr. Boraczek. The neighbors who signed the petition all supported the Hachey's application. After further discussion on motion made by Mr. Boraczek and seconded by Mr. Kelleher all the members voted in favor of the application and the following Resolution was adopted: WHEREAS, Mr. and Mrs. David Hachey had submitted an application to the Building Inspector to allow the construction of a 2nd floor dormer maintain- ing existing nonconforming side yards of 6.90 ft. and 7.57 ft. , together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordi- nance of the Town of Mamaroneck with particular reference to Article VI Section 89-33 Subsection B (2) (a) & (b) "Construction Requirements for an R-10 One Family District" which requires a minimum side yard of 10 ft. and a total of both side yards of 25 ft. on the premises located at 162 West Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 199; and WHEREAS, Mr. and Mrs. David Hachey have submitted an application to this Board for a variance on the ground of practical difficulty and/or unnec- essary hardship for the following reasons: 1. Applicants are planning a family and need the additional bedrooms to accommodate new family members. WHEREAS, this Board has examined the plans, reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion on the following grounds: (a) That there are special circumstances and conditions applying to the land for which the variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows: I ) 1. The proposed addition is not extending into the side yard any further than the present structure. 2. That said circumstances or conditions are such that the particular application of the Ordinance with respect to Article VI Section 89-33 Subsection B (2) (a) & (b) "Construction Requirements for an R-10 One Family Resi- dential District" would de- prive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board is a minimum adjustment that will accomplish this purpose. 3. That the granting of the variance is in harmony with the general purposes and in- tent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article Vi Section 89-33 Subsection B (2) (a) & (b) "Construction Requirements for an R-10 One Family Residence District" be varied and modified so as to allow the construction of a 2nd floor dormer extension maintaining exist- ing nonconforming side yards of 6.90 ft. and 7.57 ft. on the premises located at 162 West Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Par- cel 199 in strict conformance with plans filed with this application provided that the appli- cant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. 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. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman asked the Secretary to read the next application. APPLICATION NO. 7 - Case 688 Application of Mr. and Mrs. Sanford T. Edelstein for modification of Article VIII Section 89-44 D "Supplementary Regulations Walls and Fences" which restricts the height of fences in a residential district to four (4) feet to allow the installation of 100 lin. ft. of 6 ft. high wooden fence along the westerly property line on the premises located at 22 Byron Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Parcel 426 on the grounds of practical difficulty and/or unnecessary hard- ship. Mr. Boraczek said he and the Edelsteins were good friends, and he asked to be excused from hearing the application. Mrs. McAndrews took over the Chairmanship. Mrs. McAndrews explained to the appli- cants that because only three members would be voting,their appli- cation would have to have a unanimous vote. Mr. Edelstein said they had bought the house in 1971, and at the time there was a 5 ft. fence running along the southerly end of the property. The applicant stated that the fence was deteriorated, and they replaced it with a duplicate. Mr. Edelstein further said he did not know he was in violation, and the fence was not 6 ft. Mr. Edelstein presented a letter to the Board which was read by Mrs. McAndrews and signed by nine of the Edelstein's immediate neighbors. In the letter the applicants said that when they bought their home in 1971 the fence was there, and they asked the neighbors to sign the petition if they had no objection to the fence. After further discussion, a motion was made and seconded by Mr. Simon that the application be approved with all three members voting in favor. The following Resolution was adopted: WHEREAS, Mr. and Mrs. Sanford T. Edelstein have sub- mitted an application to the Building Inspector to allow the installation of 100 lin. ft. of 6 ft. high wooden fence along the westerly property line, together with plans; and WHEREAS, the Building Inspector has refused 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 Article VIII Section 89-44 D "Supplementary Regulations Walls and Fences" which restricts the height of fences in a resi- dential district to four feet on the premises located at 22 Byron Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Parcel 426; and WHEREAS, Mr. and Mrs. Sanford T. Edelstein have submitted /3 an application for a variance to this Board on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Fence is a replacement of a pre-existing five foot fence. 2. The fence was there when the applicants moved there in 1971. 3. The fence has deteriorated, and last spring the applicants replaced it with one the same height. 4. Since in the thirteen years they have lived there they had never been informed that the fence violated the zoning regulations, they innocently replaced the old one with a new one exactly the same style and height. 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 granted the application on the following grounds: (a) That there are special circumstances and con- ditions applying to the land for which the vari- ance is sought, which circumstances and/or con- ditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/or conditions are as follows: 1. Any future replacement of the fence will necessitate an application to this Board. 2. That said circumstances or conditions are such that the particular application of the Ordinance with respect to Article VIII Section 89-44 D "Supplementary Regulations Walls and Fences" would deprive the appli- cant of the reasonable use of the land and/or building and that the variance as granted by this Board is a minimum adjustment that will accomplish this purpose. 3. That 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 it is /4/ FURTHER RESOLVED, that a variance is hereby granted and that Article VIII Section 89-44 D "Supplementary Regulations Walls and Fences" be varied and modified so as to allow the installation of 100 lin. ft. of 6 ft. high wooden fence along the westerly property line on the premises located at 22 Byron Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 345 in strict conformance with 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. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman asked the Secretary to read the next application. APPLICATION NO. 8 - CASE 689 Application of Mr. and Mrs. Maxwell Thompson for modification of Article VI Section 89-34 Subsection B (C) "Construction Require- ments for an R-7.5 One Family Residence District" which requires a minimum rear yard setback of 25 ft. to maintain an existing wood deck at the rear of the dwelling having a 19 ft. setback on the premises located at 6 Robins Nest Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Par- cel 266 on the grounds of practical difficulty and/or unneces- sary hardship. Mr. Francis A. Auleta, an attorney, represented the applicants and said that the deck had been built in ignorance since the owners at the time were in Tehran. Mr. Auleta stated that the house was rented at the time by an Australian Bank and every- thing was done through the mail. Mr. Auleta further said the Thompsons have no idea who the builder was, and it was done back in 1979. The applicants decided to sell the house, and the next door neighbor was interested in buying it, at which time the Thompsons found out it was in violation. After further discussion, on motion made by Mr. Kelleher and seconded, the Board voted on the application. The vote was 3 to 1 with Mr. Boraczek voting against. The application was approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. Maxwell Thompson have submitted an application to the Building Inspector to maintain an existing wood deck at the rear of the dwelling having a 19 ft. setback, together with plans; and WHEREAS, the Building Inspector has refused 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 Article VI Section 89-34 Subsection B (3) "Construction Require- iS` ments for an R-7.5 One Family Residence District" which requires a minimum rear yard setback of 25 ft. on the premises located at 6 Robins Nest Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Parcel 266; and WHEREAS, Mr. and Mrs. Maxwell Thompson have submitted an application to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. The applicant was working in Tehran when the Australian Bank tenant asked permission to put up a deck. 2. They advised they had a man to do it for $2000, and the applicant advised back it was O.K. if it broke no regulations. 3. When the applicant returned, it was done, and he did not have the builder's name since they paid it out of rent. 4. They returned to Australia, and the applicant is sorry it happened. 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 granted the application on the follow- ing grounds: (a) That there are special circumstances and conditions applying to the land for which the variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/or conditions are as follows: 1. It would be a hardship for the applicant to have to take the deck down. 2. That said circumstances or conditions are such that the particular application of the Ordinance with respect to Article VI Section 89-34 Subsection B (3) "Construc- tion Requirements for an R-7.5 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance as granted by this Board is a minimum adjustment that will accom- plish this purpose. 3. That the granting of the variance is in har- mony 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 it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 Subsection B (3) "Construction Re- quirements for an R-7.5 One Family Residence District" be varied and modified so as to maintain an existing wood deck at the rear of the dwelling having a 19 ft. setback on the premises located at 6 Robins Nest Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Parcel 266 in strict conformance with plans filed with this appli- cation, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regu- lations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. 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. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this meeting, it was adjourned at 10:00 P.M. Rita A. Johnso Secretary /7