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HomeMy WebLinkAbout1982_04_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD APRIL 28, 1982, 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. Peter G. Moore Mr. Stephen K. Carr Mr. Peter D. Mosher Absent: Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building and Plumbing Inspector APPROVAL OF MINUTES The minutes of the meeting of March 24, 1982 were pre- sented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. APPLICATION NO. 1 - CASE 585 Application of Mr. and Mrs. Robert Fisher for modifica- tion of Article VIII Section 89-44 D which prohibits the height of fences in residential districts over 4 ft. so as to alloy tie installation of 56 lin. ft. of 6 ft. high wooden fence along a portion of the northerly bound- ary line instead of a permitted 4 ft. high fence on the premises located at 4 Cottage Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Parcel 178 on the grounds of practical difficulty and/or unnecessary hardship. Mr. and Mrs. Robert Fisher appeared before the Board and said they wanted the fence to separate them from their neighbors newly built active driveway and garage where he parks trucks and vans. The applicants said it is dangerous for any children who are playing in their yard who could easily climb over a 4 ft. fence. The Board questioned Mrs. Fisher as to whether she had any children at present and she said no but she was ex- pecting one and her friends' children play in her yard. The Board, also, questioned as to the applicant' s defi- nition of trucks and vans and if they were parked there all the time. Mr. Paonessa said he had checked the vehi- , /i Lc:, Iles and they were not registered commercial . The ap- plicants said the trucks and vans were parked and used every day. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Boraczek - Nay Commissioner Moore - Nay Commissioner Carr - Nay Commissioner Mosher - Nay The application was therefore denied and the following Resolution adopted: WHEREAS, Mr. and Mrs. Robert Fisher have submitted an application to the Building Inspector to allow the installation of 56 lin. ft. of 6 ft. high wooden fence along a portion of the northerly boundary 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 Ordi- nance of the Town of Mamaroneck with particular reference to Article VIII Section 89-44 D which prohibits the height of fences in a residential district to 4 ft. on the premises located at 4 Cottage Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Par- cel 178; and WHEREAS, Mr. and Mrs. Robert Fisher have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . The applicants currently have a four foot fence separating their back- yard from the neighbor' s newly built active driveway and garage which the neighbor uses for his trucks. 2. The applicants feel it is very easy for a child to climb over the fence to chase a ball and a six foot fence is necessary to insure the safety of their child and their friends ' chil- dren who will be playing in the back- yard. 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 tI RESOLVED, that this Board denies the applica- tion on the following grounds : 1 . That the applicants failed to show that a four foot fence would not pro- vide safety and privacy for their cur- rent needs. 2. That there are no special circum- stances or conditions applying to the land for which the variance is sought, which circumstances or conditions are peculiar to such land and which do not apply generally to land in the district. 3. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive them of the reasonable use of the land. 4. That the granting of the variance would not be in harmony with the gen- eral purposes and intent of this Or- dinance and would be injurious to the neighborhood or otherwise detrimental to the public welfare. 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. 2 - CASE 586 Application of Mr. and Mrs. T. Somers McTeigue for modi- fication of Article VI Section 89-34 Subsection B (2) (a) "Construction Requirements for an R-7.5 One Family Residence District" which requires a minimum side yard of 10 ft. to allow the construction of a one story addi- tion to the front of the dwelling maintaining an exist- ing side yard of 8.49 ft. on the premises located at 133 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 351 on the grounds of practical difficulty and/or unnecessary hardship. Mr. McTeigue appeared before the Board and said that at present there are two rooms (kitchen and pantry) . The applicant said they wanted to open up the wall and make it into one room 9' x 11 ' which would provide the neces- sary space for relocating the kitchen appliances and room to eat in the kitchen. Mr. McTeigue stated that the ad- dition would also improve the appearance of the house. It was pointed out that the house is presently nonconform- ing and the addition will not come any closer to the side of the property line than the existing dwelling does now. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Boraczek - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. T. Somers McTeigue have submitted an application to the Building Inspec- tor to allow the construction of a one story addition to the front of the dwelling maintain- ing an existing side yard of 8.49 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 89-34 Subsection B (2) (a) "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 133 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 114 Parcel 351 ; and WHEREAS, Mr. and Mrs. T. Somers McTeigue have submitted an application for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons : 1 . The applicants have difficulty with cramped kitchen facilities and would like to tranform wasted space into much needed work area. 2. The proposed extension will not come any closer to the side property line than the existing dwelling does now. 3. A uniform exterior line would im- prove the aesthetic value of the house/ property. 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- 41:0 tion on the following grounds : (a) That there are special circumstances and conditions applying to the land for which a 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 . That the proposed ad- dition will not be any closer to the side property line than the existing dwelling is now. 2. The proposed addition will provide a minimum size kitchen of 9' x 11 ' . 3. That said circumstances and/or conditions are such that the particular appli- cation of the Ordinance with respect to Article VI Section 89-34 Subsection B (2) (a) "Construction Requirements for an R-7. 5 One Family Residence Dis- trict" 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. 4. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 Sub- section B (2) (a) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to allow the con- . 7 ‘/ struction of a one story addition to the front of the dwelling maintaining an existing side yard of 8.49 ft. on the premises located at 133 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 351 in strict conformance with plans filed with this application provided that the applicant complies in all other 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. Mr. Boraczek asked the Secretary to read the next appli- cation. APPLICATION NO. 3 - CASE 587 Application of Mr. Allan T. Pardo for modification of Article VI Section 89-33 Subsection B (2) (a) , B (3) and D (1 ) "Construction Requirements for an R-10 One Family Residence District" which requires a minimum side yard of 10 ft. , a minimum rear yard of 25 ft. and a maxi- mum building height of 212 stories to allow the construc- tion of additions to the 2nd story and attic floor of the dwelling having a side yard of 7. 15 ft. , a rear yard of 11 ft. and building height of 3 stories on the pre- mises located at 28 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 222 Parcel 435 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Pardo presented his application to the Board and said his reason for wanting the additions was because of his growing family (3 children) . The applicant said that at present they have three bedrooms and there is no room in the basement as it is only partially excavated with mostly rock and crawl space. It was pointed out that Mr. Pardo had obtained a vari- ance in 1975 for a screened porch at the rear of the dwelling and the proposed addition is to go on top of the screened porch. It was, also , pointed out that the additions to the second story will maintain a nonconform- ing side yard and rear yard and the appearance of the house from the front will not change or be visible from the street. Mr. Pardo , also, said that part of the recreation room will be used for storage and they had shown the plans and spoken to their neighbors who had thought it was a good idea. The applicant said they had lived in the house since 1969 and there is very little head room on the attic floor at present. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Boraczek - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mr. Allan T. Pardo has submitted an application to the Building Inspector to allow the construction of additions to the 2nd story and attic floor having a side yard of 7. 15 ft. , a rear yard of 11 ft. and building height of 3 stories 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 Article VI Sec- tion 89-33 Subsection B (2) (a) , B (3) and D (1 ) "Construction Requirements for an R-10 One Family Residence District" which requires a mini- mum side yard of 10 ft. , a minimum rear yard of 25 ft. and building height of 212 stories 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; and WHEREAS, Mr. Allan T. Pardo has submitted an application to this Board for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons : 1 . The applicant needs an additional second floor bedroom for growing family (3 children) . 2. The applicant wants to use the third floor for a hobby/recreation room for family activities since the basement is only partially excavated (mostly bed rock and crawl space) . 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 circum- stances and conditions applying to the land and/or building for which a variance is sought, which circum- stances and/or conditions have not resulted from any acts of the appli- cant 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 pro- vide an extra bedroom and family room which the ap- plicant needs for his grow- ing family. 2. Proposed second story additions will not be any closer to the side or rear yard than is now existing. 3. That said circumstances and/or conditions are such that the particular appli- cation of the Ordinance with respect to Article VI Section 89-33 Subsect- tion B (2) (a) , B (3) and D (1 ) "Construction Require- ments for an R-10 One Family Residerce 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 minimal adjustment that will accom- plish this purpose. 4. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the public welfare ; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 Sub- section B (2) (a) , B (3) and D (1 ) "Construc- tion Requirements for an R-10 One Family Resi- dence District" be varied and modifed so as to allow the construction of additions to the 2nd story and attic floor of the dwelling having a side yard of 7. 15 ft. , a rear yard of 11 ft. and building height of 3 stories on the pre- mises located at 28 Rockland Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 222 Parcel 435 in strict con- formance with the 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 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. 4 - CASE 588 Application of Mr. and Mrs. Jerome Feltenstein for modi- fication of Article VI Section 89-34 Subsection B (3) "Construction Requirements for an R-7. 5 One Family Resi- dence District" which requires a minimum rear yard set- back of 25 ft. to allow the construction of a one story addition at the rear of the dwelling creating a rear yard setback of 23. 7 ft. on the premises located at 12 Lundy Lane and known on the Tax Assessment' Map of the Town of Mamaroneck as Block 502 Parcel 41 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Feltenstein appeared before the Board along with his Contractor and said they wanted to extend the den and kitchen eating area at the rear of the house to make one large room. The Board questioned about the rock at the rear of the property and the Contractor said they would have no pro- blems with the rock. After further discussion the Board voted on the appli- cation and the result was as follows : Commissioner Boraczek - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mr. and Mrs. Jerome Feltenstein have submitted an application to the Building Inspec- tor to allow the construction of a one story addition at the rear of the dwelling creating a rear yard setback of 23. 7 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 Article VI Section 89-34 Subsection B (3) "Construction Requirements for an R-7. 5 One Family Residence District" which requires a minimum rear yard setback of 25 ft. on the premises located at 12 Lundy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Par- cel 41 ; and WHEREAS, Mr. and Mrs. Jerome Feltenstein 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 . To allow the 10 ft. addition to the rear of the den and to align with deck (existing) . 2. The proposed addition is short at one end only 1 .26 ft. of rear yard width (southwest corner). 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 a 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 proposed addition will be in line with the existing deck and is only short at one end (southwest corner). 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 (3) "Con- struction Requirements for an R-7.5 One Family Resi- dence 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 minimal adjustment that will accom- plish this purpose. 3. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the public welfare ; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 Sub- section B (3) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to allow the construc- tion of a one story addition at the rear of the dwelling creating a rear yard of 23. 7 ft. on the premises located at 12 Lundy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Parcel 41 in strict conformance with plans filed with this applica- tion 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 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. Mr. Boraczek asked the Secretary to read the next appli- cation. APPLICATION NO. 5 - CASE 589 Application of Mr. and Mrs. Campbell T. Gerrish for modi- fication of Article VI Section 89-33 Subsection B (3) "Construction Requirements for an R-10 One Family Resi- dence District" which requires a minimum rear yard set- back of 25 ft. to allow the construction of a wood deck at the rear of the dwelling creating a rear yard setback of 22 ft. on the premises located at 117 Rockland Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 211 Parcel 163 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mr. and Mrs. Gerrish appeared before the Board and said they wanted to enclose their back porch and add a deck which will require a variance of 3 ft. The applicants said that the deck will face the Badger Day Camp and will not obstruct any neighbor' s view. The applicants further said that they had spoken to their neighbors and they had no objection to the deck and the enclosure of the porch which they intend to use for a play room. After further discussion the Board voted on the applica- tion and the result was as follows : Commissioner Boraczek - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution adopted: WHEREAS , Mr. and Mrs. Campbell T. Gerrish have submitted an application to the Building Inspec- tor to allow the construction of a wood deck at the rear of the dwelling having a rear yard setback of 22 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 Article VI Section 89-33 Subsection B (3) "Construction Requirements for an R-10 One Family Residence District" which requires a minimum rear yard setback of 25 ft. on the premises located at 117 Rockland Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 211 Parcel 163; and WHEREAS, Mr. and Mrs. Campbell T. Gerrish 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 . Deck will be used in conjunction with proposed family room. 2. As deck will back up on Badger Day Camp it will not obstruct a neigh- bor' s view. 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 circum- stances and conditions applying to the land for which a variance is sought, which circumstances and/or conditions are as follows : 1 . The proposed deck faces the Badger Day Camp and will not obstruct any neighbor' s view. 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 (3) "Con- struction Requirements for an R-10 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 minimal adjustment that will accomplish this purpose. 3. That the granting of the variance is in harmony with the general purposes and intent of the 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 Sub- section B (3) "Construction Requirements for an R-l0 One Family Residence District" be varied and modified so as to allow the construction �� v of a wood deck at the rear of the dwelling which will create a rear yard setback of 22 ft. on the premises located at 117 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 163 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 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 applica- tion. APPLICATION NO. 6 - CASE 590 Application of D. F. Equities Inc. for modification of Article V Section 89-28 A "Permitted Principal Uses in a "B" Business District" to permit the continued noncon- forming use and occupancy of buildings and land for of- fice, warehouse and off-street parking on the premises located at 615 Fifth Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 131 Parcels 33 and 344 and Block 132 Parcel 8 on the grounds of prac- tical difficulty and/or unnecessary hardship. Mr. Richard A. Joel , an Attorney, represented the appli- cant, D. F. Equities Inc. and Mr. Baer, who is the con- tract vendee appeared. The applicant is requesting the variance to continue a nonconforming use and wants to make sure no problems will arise. The Thomas C. Baer Company wants to use the building for their headquarters for their warehouse and contract sales of office furniture. Mr. Mosher questioned as to whether there would be any large trucks coming in and out and Mr. Baer said they had two large trucks that would be parked there overnight and there would be no people coming in and out as it was not the same kind of business as Collins Brothers which had just obtained a variance re- cently. Mr. Baer said they had extra parking across the street for their employees. Mr. Carr questioned as to how many employees they intended to have and Mr. Baer said 18 or 20. Mr. Webers, who represented Collins Bros. , said they were in favor of the application and since the building is at present vacant the use by the Thomas C. Baer Company will be an asset to the Community. After further discussion the Board voted on the applica- tion and the result was as follows : Commissioner Boraczek - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, D. F. Equities Inc. have submitted an application to the Building Inspector to permit the continued nonconforming use and oc- cupancy of building and land for office , ware- house and off-street parking 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 Article V Section 89-28 A "Permitted Principal Uses in a "B" Business District" which does not per- mit warehouse and storage business in a "B" Business District" on the premises located at 615 Fifth Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 131 Parcel 333 and 344 and Block 132 Parcel 8; and WHEREAS , D. F. Equities Inc. have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons : 1 . Applicant is unable to sell the property for permitted uses and it would be a drastic financial hardship if property is restricted to business uses after many years as office, ware- house use, relief from earlier require- ment that warehouse be torn down if ownership is changed. 2. Because of the uniqueness of the property the granting of the variance will not adversely affect the charac- ter of the neighborhood. 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 application on the following grounds : (a) That there are special circum- stances and conditions applying to the land for which a 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 use of the property will conform to the area. 2. That said circumstances or conditions are such that the particular appli- cation of the Ordinance with respect to Article V Section 89-28 A "Permitted Principal Uses in a "B" Business 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 the minimal adjustment that will accom- plish this purpose. 3. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neighborhood or otherwise detriment to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article V Section 89-28 A Permitted Principal Uses in a "B" Business District" be varied and modified so as to al- low the continued nonconforming use of build- ing and land for office, warehouse and off- street parking on the premises located at 615 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131 Parcels 333 and 344 and Block 132 Parcel 8 in strict conformance with the 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 three 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. Mr. Boraczek asked the Secretary to read the next applica- tion. APPLICATION NO. 7 - CASE 591 Application of Mr. and Mrs. George Lee for modification of Article VII Section 89-44 "Walls and Fences" which prohibits the height of fences in a residential district over 4 ft. to allow the installation of 40 lin . ft. of 6 ft. high wooden fence along a portion of the northerly property line on the premises located at 6 Meadow Place and known on the Tax Assessment Map of the Town of Mama- roneck as Block 404 Parcel 633 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mr. Lee appeared before the Board and said that he wanted to replace the fence that was there at present with a stockade fence. Mr. Lee stated that they wanted privacy and he could see his neighbor' s garage. Mr. Moore asked the applicant if there was any other reason he needed the fence than for privacy and Mr. Lee said he would like to maintain the same height as is there now. The appli- cant stated that a 4 ft. fence would offer no privacy. Mr. Boraczek read a letter from Mrs. Patricia Kelly of 1 Meadow Place in which she said she hoped the Board would act favorably on the application and that the fence had been erected by former owners at least 15 or more years ago. Mr. Gordon Oppenheimer of 60 Howell Avenue, who is Mr. Lee' s adjacent neighbor said the fence is in terrible shape and it gives him privacy as well as Mr. Lee. It was pointed out that when Mr. Oppenheimer goes into his garage the car lights shine in Mr. Lee' s family room and the fence cannot be seen from the street. Mr. Paonessa said he had no record of a permit being issued for the 6 ft. fence and previous to the present zoning it was necessary to obtain permission from the Town Board. The Board asked Mr. Paonessa to check further into the records and see if any permission had been granted and if the applicant was willing the application be adjourned to the next meeti ng. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 8 - CASE 592 Application of Mr. and Mrs. Michael Moran for modifica- tion of Article VI Section 89-34 Subsection B (2) "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 a two story addition at the rear of the dwelling creating a side yard of 5 ft. on the premises located at 59 Harrison Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Parcel 305 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Moran appeared before the Board with his application and said that the present kitchen is very small . The applicant said that at present they have to use the family room to put their table for eating and since their girls are getting bigger they need more room. Mr. Moran further said that the ceiling in one bedroom is very low and gets very hot in the summer. The appli- cant, also, said it is impossible to find a bigger house they can afford and the girls have their friends here. Mr. Moore asked how long they had lived there and Mr. Moran said 8 or 9 years and they also need more closet space since they do not have a basement. It was pointed out that there is no dining room at present in the house and the Board questioned as to whether the applicant would be willing to amend his application to reduce the size of the addition so that it would not extend beyond the present side lot line. It was, also , pointed out that the house had been built under the prior zoning and the side yard is at present nonconforming. Mr. Moran agreed to cut the addition down so as to main- tain the existing side line and after further discussion a vote was taken on the amended application. The result was as follows : Commissioner Boraczek - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application as amended was therefore approved and the following Resolution adopted: t!HEREAS , Mr. and Mrs. Michael Moran have sub- . , N ,7 mitted an application to the Building Inspec- tor to allow the construction of a two story addition at the rear of the dwelling creating a side yard of 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 Zon- ing Ordinance 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 59 Harrison Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 501 Parcel 305; and WHEREAS, Mr. and Mrs. Michael Moran have sub- mitted an application for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons: 1 . The applicants are putting the addition of a kitchen and bedroom due to the fact that their children (girls 8 & 14) have matured to the point of making the family in a sense four adults. 2. Due to the fact that the present kitchen is not an eat in kitchen and the sun room at this point is used as a dining room. 3. The applicant would like to have an eat in kitchen so that they can use the present sun room for a rec- reatioral area. 4. The present master bedroom has very little closet space as well as being a small room and they would like to extend that area so that they could each have their own closet and a linen closet and at the same time have a bedroom/living area. 5. The applicant feels with the present cost of interest rates and the soaring cost of the house market they would be in a better position to extend their rather small home. 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, and WHEREAS , this Board has requested the applicant to amend the plan to show the addition maintaining the existing side line and the applicant has agreed to amend the plan ; NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion on the following grounds : (a) That there are special circum- stances and conditions applying to the land for which a 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 applicant has agreed to amend the application and plan so that the addition will be in line with the exist- side of the house. 2. The addition will give the applicant more room for his growing family. 3. That said circumstances and conditions art such that the particular application of the Ordinance with respect to Article VI Section 89-34 Subsection B (2) "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 building and that the variance as granted by this Board is a minimal adjust- ment that will accomplish this purpose. 4. That the granting of the variance is in harmony with the general purposes and in- tent of the 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 3 granted and that Article VI Section 89-34 Subsection B (2) "Construction Requirements for an R-7. 5 One Family Residence District" be varied and 41:0 modified so as to allow the construction of a two story addition at the rear of the dwelling maintaining an existing side yard on the pre- mises located at 59 Harrison Drive and known on the Tax Assessment Map of the Town of Mama- roneck as Block 501 Parcel 305 in strict con- formance with the plans filed and amended with this application provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mama- roneck. 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 last appli - cation. APPLICATION NO. 9 - CASE 593 Application of Mr. Richard Beninati for modification of 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. to permit an existing wooden deck which has been constructed 2.4 ft. from side property line on the premises located at 272 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Parcel 677 on the grounds of practical difficulty and/or unnecessary hardship. Mr. David Klein, an Attorney of 7 Woodland Avenue, Larch- mont, represented the applicant. Mr. Boraczek pointed out that the deck was already in violation and it was against his better judgment to hear the case but if the Zoning Board did hear the application and it was approved there might possibly be stipulations or additions . Mr. Klein agreed to have the application heard under those conditions. Mr. Mosher pointed out that he and Mr. Klein had been law partners but had not been associated for several years and if Mr. Klein wanted him to abstain from hearing this application he would be willing. Mr. Klein said he had no objection to Mr. Mosher hearing the application. Mr. Klein said that Mr. Beninati had constrcuted the deck himself and the violation had been in total ignorance in regard to the deck. Mr. Klein further said that because of the location of the house on the corner of Murray and Forest Avenues the proposed area where the deck was con- structed is the only place that provides privacy. Mr. Klein, also, said that Mr. Beninati ' s hardship would be if the Board did not grant the variance and the deck would have to be torn down. It was pointed out that the deck varies in grade up to the maximum of 12" and if the deck were only 6" above the ground it could be considered a patio. It was , also , pointed out that the sun was only available on the rear portion of the deck and because of the shrubbery that is existing the deck is barely visible from Murray Avenue. Mr. Boraczek asked Mr. Beninati how long he had owned his house and he said three years. It was, also, pointed out that there is rock on the property and the applicant had planted the hemlocks last June prior to the deck. Mr. Paonessa said that Mr. Beninati had started construc- ting the deck about six weeks before a complaint was re- ceived and after he received the complaint from a neigh- bor and inspected the property a Violation Notice was mailed on March 30th. Mr. Klein presented the Board with letters from Mr. Francis Stock of 700 Forest Avenue and Mr. and Mrs. Sallinger of 283 Murray Avenue which were read by Mr. Boraczek. Both Mr. Stock and the Sal lingers maintain that in the time Mr. Beninati has owned the property he keeps it in excel- lent condition. Mr. Stock, in his letter, said in his opinion the wood deck is another asset and he had no objec- tion to the variance. Mr. Walter Patton of 188 Rockingstone Avenue who drew the plans for the applicant spoke in support of Mr. Beninati . Mr. Carr said he did not believe the applicant's hardship was as to whether it would be necessary to tear the deck down and Mr. Mosher questioned as to whether the applicant could move the deck back to 5 ft. from the property line instead of the 2.4 ft. requested. Mr. Moore questioned as to whether the grade could be lowered to 6" but it was decided that this could cause water to go on to the neigh- boring property. Mr. Beninati said his reason for "step- ping" the deck was because his property runs on an angle. Mr. Jerry D' Epiro of 108 Laurel Avenue appeared in support of Mr. Beninati 's application. Mrs. Cotturone of 415 Weaver Street said she objected to the application and said she can see the applicant's deck area from her windows . Mr. Suzuki of 274 Murray Avenue said he objected to the application and he has lived in his house for 40 years. Mr. Suzuki presented pictures to the Board and said he thought since there had never been a deck there before there was no need for one now. Mr. Suzuki further said that he felt Mr. Beninati could have privacy on the ground. Mr. Mosher asked Mr. Suzuki why he did not complain about the deck before. Mr. Carl Pierleoni , Jr. of 293 Murray Avenue said he ob- jected to the platform at the front of the house. Mr. Alan Siegel of 282 Murray Avenue objected and said if a precedent is set he knows of other neighbor who want to do the same thing. Mr. Herbert Levitt of 280 Murray Avenue said the applicant had done a lot of improvement to his property but he was concerned because he did not check with his neighbors before he started the deck. Mr. Angelo Beninati , who is the applicant' s father said that there was too much conflict and he had advised his son to sell the house. Mr. Boraczek read a letter from Mr. Kenneth J. Brown of 295 Murray Avenue in which he said he objected strenously to the building of any structure on residential property which is carried virtually up to the property line. The Board discussed the possibility of Mr. Beninati lower- ing the deck or cutting it back to the 5 ft. property line. After further discussion the Board voted on the applica- tion and the result was as follows : Commissioner Boraczek - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was approved with the condition that the deck be cut back to 5 ft. from the property line and the applicant obtain a permit for the work to be completed within sixty days (60) . The following Resolution was adopted: WHEREAS , Mr. Richard Beninati has submitted an application to the Building Inspector to per- mit an existing wood deck which has been con- structed 2.4 ft. from side 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 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 272 Mur- ray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Parcel 677; and WHEREAS, Mr. Richard Beninati has submitted an application to this Board for a variance C on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . The wood deck is located on the only portion of the plot which affords privacy. 2. The property is at an intersec- tion of Murray and Forest Avenues. 3. The wood deck abuts existing ever- green shrubbery which follows the property line. 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 : 1 . The property in question is lo- cated at an intersection of Murray and Forest Avenues. 2. The deck is located on the only portion of the lot which affords pri- vacy. 3. That said circumstances and con- ditions are such that the particular application of the Ordinance with respect to Article VI Section 89-34 Subsection B (2) "Construction Require- ments for an R-7.5 One Family Resi- dence 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 minimal adjustment that will accomplish this purpose. 4. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the pub- lic welfare ; and it is Irk FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 Sub- section B (2) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to permit an existing wooden deck which has been constructed 2.4 ft. from the property line on the premises located at 272 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Par- cel 677 in strict conformance with plans filed with this application and amended, subject to the following condition, provided that the ap- plicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. The applicant must cut the deck back to 5 ft. from the property line within 60 days. 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 meet- ing it was adjourned at 11 :00 P.M. ita A. Johns° , ecretary n ? y-(/