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HomeMy WebLinkAbout1986_04_30 Zoning Board of Appeals Minutes © MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK APRIL 30, 1986, IN THE COURTROOM, TOWN OFFICES, 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK CALL TO ORDER The Chairman called the meeting to order at 8:17 P.M. ROLL CALL Present: A. William Boraczek, Chairman Patrick Kelleher Elaine Price Absent: J. Rene Simon Also Present: Steven M. Silverberg, Town Counsel William Paonessa, Building Inspector O Jean A. Marra, Recording Secretary Public Stenographer from: J & L Reporting Service, Inc. 180 East Post Road White Plains, NY APPROVAL OF THE MINUTES Steven M. Silverberg, Town Counsel, stated that the minutes of the March 27, 1986 meeting would be approved at the next meeting. SCHEDULING The Board stated the next meeting of the Zoning Board of Appeals would be held on May 28, 1986. PROCEDURE The Chairman explained to all present that each applicant would have the option to postpone their applications until the next meeting, as there were only three members present and approval of any application required a unanimous vote. All applicants were asked individually if they wished to proceed. April 30, 1986 • APPLICATION NO. 1 - CASE 679 • The Chairman read the application as follows: Application of Mr. Charles Hoffmann for modification of Article VII Section 89-41 "Construction Requirements for "B" Business District" to allow the construction of an office building and off-street parking facilities, namely Section A (3) which permits a maximum building coverage of 25%, proposed building coverage 58%, Subsection C which permits a maximum floor area of 50% of lot area, proposed 115%; Subsection D (1) & (2) which permits a maximum building height of two stories and thirty feet, proposed three stories and forty feet; Subsection E which requires a minimum of 195 off-street parking spaces @ 9'x 20', proposed 141 off-street parking spaces @ 9'x 18' on the premises located at 10 Byron Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 410 on the grounds of practical difficulty and/or unnecessary hardship. The Public Stenographer recorded this case, and his report will become a permanent part of this record. The Chairman stated that the Board had before it all of the pertinent papers relating to this matter and that the case was closed and up for a vote. Thereafter, Mrs. Price moved to deny the application due to the fact that the application failed to establish the legal predications necesary to prove that this was a practical difficulty and/or unnecessary hardship. Mr. Kelleher seconded the motion, and the Board unanimously adopted the following resolution: WHEREAS, Mr. Charles Hoffmann has submitted an application to the Building Inspector for a planned office building having fifty-eight percent (58%) lot coverage, one-hundred fifteen percent (115%) floor area, lot area ratio, a three-story, forty foot building with one-hundred forty-one (141) off-street parking spaces nine (9) feet by eighteen (18) feet; and WHEREAS, the Building Inspector has failed 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 VII Section 89-41 "Construction Requirements for Business - 2 April 30, 1986 District" to allow the construction of an office building and off-street parking facilities, namely Section A (3) which permits a maximum building coverage of twenty-five percent (25%) , proposed building coverage fifty-eight percent (58%); Subsection C which permits a maximum floor area of fifty percent (50%) of lot area, proposed one-hundred fifteen percent (115%); Subsection D (1) and (2) which permits a maximum building height of two stories and thirty (30) feet, proposed three stories and forty (40) feet; and Sub- section E which requires a minimum of one-hundred ninety-nine (199) off-street parking spaces at nine (9) feet by twenty (20) feet proposed one-hundred forty-one (141) off-street parking spaces at nine (9) feet by eighteen (18) feet on premises located at 10 Byron Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132, Parcel 410; and WHEREAS, Mr. Charles Hoffmann has submitted an application to the Board for a variance on the grounds of practical difficulty and/or unnecessary hardship; and WHEREAS, the Town of Mamaroneck Zoning Board of Appeals held hearings on this application, including hearings pursuant to State and Town Environmental Quality Review Laws at which all interested persons had an opportunity to speak and submit written material for the record; and WHEREAS, this Board has examined the plans, reviewed the application, reviewed all supplementary documents submitted and has heard all persons interested in this application after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board denies the application on the grounds set forth in the stenographic minutes of the April 30, 1986 meeting of the Town of Mamaroneck Zoning Board of Appeals, at page 3, line 20 to page 8, line 15, (a copy of which stenographic minutes is annexed hereto) , and said application was denied by a vote of 3 to 0 (A. William Boraczek, Elaine Price and Patrick Kelleher present and voting); and be it FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. - 3 - April 30, 1986 APPLICATION NO. 2 - CASE 725 The Chairman read the application as follows: Application of Mr. & Mrs. R. Petrocelli for modification of Article VI Section 89-34, Subsection B (2) "Construction Requirements for R-7.5, One Family Residence District" which requires a minimum side yard set-back of 10 ft., to allow the construction of an addition at rear of dwelling for a wood deck having a minimum side yard setback of 7.36 ft. on the premises located at 8 Spruce Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 115 Parcel 590 on the grounds of practical difficulty and/or unnecessary hardship. The Chairman read letters from Edith Ra1lin, 12 Spruce Road, Larchmont, NY and Agnes K. Martin, 4 Spruce Road, Larchmont, NY, wherein they stated that they had no objection to the proposed application of Mr. and Mrs. Petrocelli. Mr. Robert Petrocelli, the applicant, stated he applied for this variance in order to have the benefits of sitting outside on a deck to enjoy the pleasantries of living in Larchmont. Mr. Tom Gunther, 21 Valley Road, and Ms. Georgia Cronsky, 20 Spruce Road, appeared and stated they had no objection to the plans. Mrs. Price moved that this be considered a Type II action, requiring no further environmental review. Mr. Kelleher seconded the motion, and it was unanimously approved by the Board. Thereafter, on motion by Mrs. Price, seconded by Mr. Kelleher, the Board unanimously approved the following resolution: WHEREAS, Mr. and Mrs. R. Petrocelli submitted an application to the Building Inspector to allow the construction of an addition at the rear of dwelling for a deck having a minimum side yard setback of 7.36 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 Ordinance of the Town of Mamaroneck with particular reference to Article VI Section 89-34, Subsection B (2) "Construction Require- ments for R-7.5 One Family Residence District" which requires a minimum side yard setback of 10 ft. on the premises located at 8 Spruce Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Parcel 590; and - 4 - April 30, 1986 WHEREAS, Mr. and Mrs. Petrocelli have submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. Mr. Petrocelli has had two hips replaced and finds it difficult climbing the stairs to reach the back yard. 2. Proposed deck would be desirable for spending the summer in the sun without having to walk down a very steep flight of stairs and through a garage to reach the back driveway. 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 hereby grants the application 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. That said circumstances or conditions are such that the particular application of the Zoning Ordinance with respect to Article VI Section 89-34 Subsection B (2) "Construction 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 minimum adjustment that will accomplish this purpose. 2. 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 FURTHER RESOLVED, that a variance is hereby 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 modified so as to - 5 - April 30, 1986 allow the construction of a wooden deck to the rear of dwelling which will maintain existing nonconforming side yard setback of 7.36 ft. instead of the required minimum side yard setback of 10 ft. on the premises located at 8 Spruce Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Parcel 590 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; and it is 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. APPLICATION NO. 3 - CASE 727 The Chairman read the application as follows: Application of Mr. & Mrs. Hugh M. Baum for modification of Article VI Subsection B (3) "Construction Require- ments for 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 rear of dwelling, having a rear yard setback of 21.9 ft. on the premises located at 21 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 241 on the grounds of practical difficulty and/or unnecessary hardship. The applicant appeared and stated that the request for the addition is made in order to enlarge his extremely small 7' x 6' kitchen so his family will be more comfortable. Following several questions from the Board, and the presentation of the case by the applicant, there being no comments either for or against the application, Mrs. Price moved that this be considered a Type II action, requiring no further environmental review. Mr. Kelleher seconded the motion, and it was unanimously approved by the Board. Thereafter, on motion by Mrs. Price, seconded by Mr. Kelleher, the Board unanimously approved the following resolution: - 6 - April 30, 1986 WHEREAS, Mr. and Mrs. Hugh M. Baum submitted an application to the Building Inspector to allow the construction of a one-story addition at rear of dwelling having a rear yard setback of 21.9 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 Ordinance of the Town of Mamaroneck with particular reference to Article VI Section 89-35, Subsection B (3) "Construction Requirements for R-6 One Family Residence District" which requires a minimum rear yard setback of 25 ft. on the premises located at 21 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 241; and WHEREAS, Mr. and Mrs. Baum have submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. That present kitchen is extremely small. 2. The proposed kitchen addition would be safer and more comfortable. 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 hereby grants the application 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. That said circumstances or conditions are such that the particular application of the Zoning Ordinance with respect to Article VI Section 89-35 Subsection B (3) "Construction 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 adjustment that will accomplish this purpose. - 7 - April 30, 1986 2. That the proposed addition is a moderate request. 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 FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-35 Subsection B (3) "Con- struction Requirements for an R-6 One Family Residence District" be varied and modified so as to allow the construction of a one-story addition at rear of dwelling having a rear yard setback of 21.9 ft. instead of the required 25 ft. on the premises located at 21 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 241 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; and it is 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. APPLICATION NO. 4 - CASE 730 The Chairman read the application as follows: Application of Dr. & Mrs. Kennish for modification of Article VI Section 89-32, Subsection B (1) "Con- struction Requirements for R-15 One Family Residence District" which requires a minimum front yard setback of 40 ft. from both streets to allow the construction of a wood deck at rear of dwelling, fronting on Country Road, having a minimum front yard setback of 15± ft. from Country Road, on the premises located at 2 Country Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320 Parcel 751 on the grounds of practical difficulty and/or unnecessary hardship. - 8 - April 30, 1986 Mrs. Fran Kennish appeared and stated the application was made because the unusual sloping condition of her land prevented her children from being able to safely play outside. The Chairman read a letter he received in opposition to the application which was signed by the residents of 26 Country Road, 11 or 21 (illegible) Country Road, 17 Country Road, 12 Country Road, 10 Country Road and 15 Country Road. The Chairman also read a letter from the County of Westchester wherein it was stated that there were no issues of County of intermunicipal concern. Ms. Jackie Freeman, 6 Country Lane, appeared and stated her objection was that it would be a hazard and that a hazardous condition already existed with the basketball court that was installed on the cul-de-sac. Mr. Clark Neulander, Architect, 622 Styles Avenue, Mamaroneck, appeared in favor of the application and stated that the deck would not be feasible in another location due to the contour of the land. After further discussion, Mrs. Price moved to deny the application. Mr. Kelleher seconded the motion and the Board unanimously approved the following resolution: WHEREAS, Dr. and Mrs. Arthur Kennish submitted an application to the Building Inspector to allow the construction of a wood deck at rear of dwelling on a corner lot having a front yard setback of 15± ft. from Country Road, 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 89-32, Subsection B (1) "Construction Requirements for R-15 One Family Residence District" which requires that on a corner lot a front yard setback of 40 ft. shall be provided on each street on the premises located at 2 Country Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320 Parcel 751; and WHEREAS, Mr. and Mrs. Kennish have submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: - 9 - April 30, 1986 1. That due to unusual nature of the property, the rear yard is the only practical location for a deck. 2. The proposed deck would provide a safer area for use by the family children. 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 hereby denies the application on the following grounds: 1. The applicants failed to show that additions to the dwelling could not be located in other areas not requiring a zoning variance. 2. That the practical difficulties and/or unnecessary hardships applying to the land for which the variance is sought have not been established. 3. That said circumstances or conditions are not such that the particular application of the Z oning Ordinance with respect to Article VI Section 89-32 Subsection B (1) "Construction Requirements for an R-15 One Family Residence District" would deprive the applicant of the reasonable use of the land. 4. That the encroachment would be too substantial. 5. That the granting of the variance is not in harmony with the general purposes and intent of this Ordinance and would be injurious to the neighborhood or otherwise detrimental to the public welfare; 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 731 The Chairman read the application as follows: - 10 - • • • • • • April 30, 1986 • • • • Application of Mr. & Mrs. M. Klein for modification of Article VI Section 89-31, Subsection B (1) "Con- struction Requirement for R-20 One Family Residence District" which requires a minimum front yard setback of 40 ft. from both streets to allow the construction of a wood deck at front of dwelling having a front yard setback of 32 ft. from Stonewall Lane, on the premises • located at 23 Stonewall Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 • Parcel 723, on the grounds of practical difficulty • and/or unnecessary hardship. • Mr. Michael Klein appeared and stated that he and and family just moved from the city and in order to be able • to enjoy country life, they would like to put a deck off the kitchen. • Mr. Michael DiNunzio, Architect, 1 Chestnut Avenue, • Pelham, NY, appeared in favor of the application. '! There being no further questions or comments, Mr. Kelleher moved that this be considered a Type II •• action, requiring no further environmental review. O Mrs. Price seconded the motion, with the Chairman voting nay. Mr. Silverberg stated that this action constituted a • nonconforming action; the law required three votes for an application to pass. • The Chairman moved, and it was seconded by Mr. Kelleher that the recor d be, and it herebyis, held III'ih 1 open until the next meeting at which time more than three members • of the Board would be present. • • APPLICATION NO. 6 - CASE 732 The Chairman read the application as follows: Application of Veronica Herndon & Ron Frehm for modification of Article VI section 89-34, Subsection B (2) "Construction Requirements for R-7.5 One Family Residence District" which requires a minimum side yard setback of 10 ft. to allow the construction of a 2nd Story Dormer Addition at rear southeast corner of • dwelling which will maintain existing nonconforming Low side yard setback of 7.96 ft. on the premises located at 32 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 565 on the grounds of practical difficulty and/or unnecessary hardship. - 11 - April 30, 1986 Ms. Veronica Herndon presented her application and stated that a second story was necessary in order to improve the livability of the house and that the addition would not eliminate any sun light on her neighbors' property. She added that she did not intend to have any windows on the side of the addition and she then presented several pictures in support of her application. Mr. Tom Gunther, 21 Valley Road, appeared and stated he had no objection to the proposed application and Ms. Herndon also stated that this matter was discussed with Mr. and Mrs. John Wilkinson, Jr., 26 Valley Road, and that they had no objection to it either. Following the presentation of the case by the applicant, Mrs. Price moved that this be considered a Type II action, requiring no further environmental review. Mr. Kelleher seconded the motion, and it was unanimously approved by the Board. Thereafter, the Chairman moved that Case No. 732 be approved. Mrs. Price seconded the motion and the Board unanimously accepted the following resolution: WHEREAS, Ms. Veronica Herndon and Mr. Ron Frehm submitted an application to the Building Inspector to allow the construction of a second-story dormer at rear southeast corner of dwelling having an existing non- conforming side yard setback of 7.96 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 Z oning Ordinance of the Town of Mamaroneck with particular reference to Article VI Section 89-34, Subsection B (2) "Construction Require- ments for R-7.5 One Family Residence District" which requires a minimum side yard setback of 10 ft. on the premises located at 32 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 565; and WHEREAS, Ms. Herndon and Mr. Frehm have submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. That the proposed addition would add to the livability of the home. 2. The proposed addition would add more kitchen space and library/living space. - 12 - April 30, 1986 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 hereby grants the application 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. That said circumstances or conditions are such that the particular application of the Zoning Ordinance with respect to Article VI Section 89-34 Subsection B (2) "Construction 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 minimum adjustment that will accomplish this purpose. 2. That the proposed location is the only practical and economical way to expand for additional living space. 3. That the proposed addition will not alter the existing non-conforming side yard setback which exists. 4. 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 FURTHER RESOLVED, that a variance is hereby 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 modified so as to allow the construction of a second story dormer at rear southeast corner of dwelling having an existing non- conforming side yard setback of 7.96 ft. instead of the 0 required 10 ft. on the premises located at 32 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 565 in strict - 13 - April 30, 1986 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; and it is 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. • • • APPLICATION NO. 7 - CASE 733 The Chairman read the application as follows: Application of Mr. John Kluge for modification of Article III Section 89-14 "Required Street Frontage" Owhich requires a minimum street frontage of 125 ft., or suitable access, in accordance with Section 280-a of • the Town Law to allow the construction of a Two and • One-half Story Addition to dwelling on lot having no frontage on a public street on the premises located at Beach Road - Premium Point, and known on the Tax Assessment Map of the Town of Mamaroneck as Block 508 Parcels 1 & 30, on the grounds of practical difficulty and/or unnecessary hardship. • Geoffrey P. Young, Esq., of Seacord, Young & Young, 277 •• North Avenue, New Rochelle, NY 10801, appeared for the applicant and read from a prepared nine-page legal document entitled "Presentation to the Board of Appeals on Zoning." Mr. Silverberg stated that this was a technical situation and the purpose of the Town Law was to protect everyone in case of fire or an emergency. He added there was no public street to "Town Standards" but that an access road would be suitable. Mr. Young stated there was a slight discrepancy in that as far as the title to the property was concerned, the house was in Mr. Kluge's name only and the additional ( property was in both Mr. and Mrs. Kluge's names. Mr. Eric Smith, Architect, of David Anthony Easton, Inc., 323 East 58th Street, New York, NY 10022, appeared in support of the application. - 14 - April 30, 1986 Mr. Silverberg stated that if the application were approved, both lots would have to be in common ownership. Mr. Paonessa, the Building Inspector, raised the question of the property being in a Coastal Zone, close to Flood Plane Level, and stated that the applicant would have to go through the Planning Board to obtain the necessary permits for building. Thereafter, on motion by Mrs. Price and seconded by Mr. Kelleher, the Board unanimously approved the following resolution: WHEREAS, Mr. John Kluge submitted an application to the Building Inspector to allow the construction of a two and one-half story addition at the west side of an existing residence fronting on a private road, 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 III Section 89-14, "Required Street Frontage" which requires a minimum frontage of 125 ft. or suitable permanent access in accordance with Section 280a of the • Town Law on the premises located at Beach Road, Premium Point and known on the Tax Assessment Map of the Town of Mamaroneck as Block 508 Parcels 1 and 30; and WHEREAS, Mr. Kluge submitted an application for a variance to this Board on the grounds of practical • difficulty and/or unnecessary hardship for the following reasons: 1. That suitable permanent access to the premises would be provided by Beach Road which is an improved private street owned by the homeowners of Premium Point. 2. The proposed addition would not result in an increase in density in that the applicant had purchased the premises adjacent to his home and demolished the house that previously stood on the premises in order to have sufficient space to erect the proposed addition. 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, - 15 - April 30, 1986 NOW, THEREFORE, BE IT RESOLVED, that this Board hereby grants the application 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. That said circumstances or conditions have not resulted from any act of the applicant subsequent to the date of the adoption of the regulations and are such that the particular application of the Zoning Ordinance, with respect to Article III Section 89-14 "Required Street Frontage" which requires a minimum frontage of 125 ft. or suitable permanent access in accordance with Section 280a of the Town Law, 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 adjustment that will accomplish this purpose. 2. That the use of Beach Road, a private access road, as a means of ingress and egress has adequately served the residents of Premium Point for many years. 3. There exists no danger to the residents by reason of the use of said road by police and emergency fire vehicles. 4. That the proposed addition would not interrupt or interfere with any of the neighbor's homes or the furnishing of necessary services to such homes. 5. 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 - 16 - II IIApril 30, 1986 FURTHER RESOLVED, that a variance is hereby granted and that Article III Section 89-14 "Required Street Frontage" in accordance with Section 280a of the Town Law be varied and modified so as to allow the con- struction of a two and one-half story addition at the west side of existing dwelling on the premises located at Beach Road, Premium Point and known on the Tax Assessment Map of the Town of Mamaroneck as Block 508 Parcels 1 and 30 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; 4 and it is • FURTHER RESOLVED, that proof indicating that both lots are in common ownership be submitted to the Building Department; and it is FURTHER RESOLVED, that all requirements under the title "Wetlands" and "Coastal Flood Plane" conform to the Coastal Zone Management requirements and regulations; and be it • 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. ADJOURNMENT There being no further business to come before the Board, the Chairman moved to adjourn the meeting, Mr. Kelleher seconded the motion, and the meeting was unanimously adjourned at 10:15 P.M. • fr-yL/ - Qit l /„etJ Marra Recording Secretary - 17