HomeMy WebLinkAbout1981_12_02 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF
THE TOWN OF MAMARONECK HELD DECEMBER 2, 1981 , IN THE COUNCIL ROOM
OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE,
LARCHMONT, NEW YORK.
CALL TO ORDER
The meeting was called to order by the Chairman at 8:20
P.M.
ROLL CALL
Present: Mr. A. William Boraczek, Chairman
Mr. Egbert R. Hardesty
Mr. Peter G. Moore
Mr. Stephen K. Carr
APPROVAL OF MINUTES
The minutes of the meeting of October 28, 1981 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 .
Mr. Boraczek advised those present that the first appli-
cation (Case 578 - Garfield Housing Corp. ) would not be
heard at this time.
Mr. Goodman whose application was No. 2 had requested
that his case be heard last as he was waiting for his
Architect to appear.
The Chairman asked the Secretary to read the third appli-
cation .
APPLICATION NO. 3 - CASE 583
Application of Mr. and Mrs. Lawrence Templeman for modi-
fication 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 an addition to a wood deck
maintaining an existing nonconforming rear yard of 24
ft. on the premises located at 206 Murray Avenue and known
on the Tax Assessment Map of the Town of Mamaroneck as
Block 112 Parcel 236 on the grounds of practical diffi -
culty and/or unnecessary hardship.
Mr. James Miller, who is an Architect, represented the
applicants, Mr. and Mrs . Templeman and said there was
an existing deck which is very small and was put up by
the former owners. Mr. Miller stated that the applicants
have a permit for ai addition and because of the location
of the new doorway the applicants want to enlarge the
deck. Mr. Miller further said that the Templeman 's rear
yard is up against the Murray Avenue school and only one
side neighbor would be affected by the minor 12" reduction
in the rear yard setback. Mr. Miller said that their
hardship was in the fact that if the variance was not
granted they would have to tear down the existing deck
and replace it with an odd shaped one.
After further discussion the Board decided that they would
vote on the application and the result was as follows:
Commissioner Boraczek - Aye
Commissioner Hardesty - Aye
Commissioner Moore - Aye
Commissioner Carr - Aye
The application was therefore approved and the following
Resolution adopted:
WHEREAS, Mr. and Mrs . Lawrence Templeman have
submitted an application to the Building Inspec-
tor to allow the construction of an addition
to a wood deck maintaining an existing noncon-
forming rear yard of 24 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 89-35 Subsection B (3) "Construction
Requirements for an R-6 One Family Residence
District" which requires a minimum rear yard
of 25 ft. on the premises located at 206 Murray
Avenue and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 112 Parcel 236;
and
WHEREAS, Mr. and Mrs . Lawrence Templeman 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 . Existing deck is very small (712
x 71 ) and the new deck will be 712
x 1312 if the same line at rear is
permitted to carry through and if
not a jog for the required 25 ft.
rear yard setback in the new deck
will result in a peculiarly shaped
deck.
2. Since the rear yard is up against
the Murray Avenue school property
and its open yard only one side yard
neighbor will be affected by this
very minor 12" reduction in the rear
yard setback .
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 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 the proposed addi -
tion to the existing deck
will not increase the non-
conforming rear yard setback.
2. That said circumstances
or conditions are such that
the particular application
of the Ordinance with res-
pect to Article VI Section
89-35 Subsection B (3) "Con-
struction Requirements for
an R-6 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 other-
wise detrimental to the pub-
lic welfare; and it is
FURTHER RESOLVED, that a variance is hereby
granted and that Article VI Section 89-35 Sub-
section B (3) "Construction Requirements for
c� os
an R-6 One Family Residence District" be varied
and modified so as to allow the construction
of an addition to a wood deck maintaining an
existing rear yard of 24 ft. on the premises
located at 206 Murray Avenue and known on the
Tax Assessment Map of the Town of Mamaroneck
as Block 112 Parcel 236 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.
The Chairman asked the Secretary to read Application No. 2.
APPLICATION NO. 2 - CASE 582
Application of Mr. and Mrs . Samuel Goodman for modifica-
tion of Article VI Section 89-33 Subsection B (1 ) "Con-
struction Requirements for an R-10 One Family Residence
District" which requires that on a corner lot a front
setback of 30 ft. be provided from both streets and Ar-
ticle XI Section 89-67 Subsection B Layout and Location
of Off-street Parking Facilities which requires that no
off-street parking facilities be developed within 25 ft.
of front property line to allow the construction of an
addition which will be 21 .47 ft. back from Eton Road and
to widen the existing driveway 4 ft. between existing
house and Eton Road having a 0 ft. setback from Eton Road
and known on the Tax Assessment Map of the Town of Mama-
roneck as Block 211 Parcel 114 on the grounds of practi-
cal difficulty and/or unnecessary hardship .
Mr. Walter Bogner, who is the Architect for the Goodman 's
presented the application to the Board and said that the
addition is for a mud room. Mr. Bogner stated that pre-
sently the kitchen serves as the front door to the house
and the kitchen is small . Further, Mr. Bogner said that
the house is of steel construction which makes it costly
and difficult to expand by any other means. Also, Mr.
Bogner said that the addition will continue on with the
same roof line and the applicant had previously applied
to the Zoning Board for the widening of the driveway but
his application had been rejected.
The widening of the existing driveway that the Goodmans
are now requesting is less than what they had requested
in their original application and they need room for another
car. The Board asked the applicant about the one car
garage that is presently on the property and it was pointed
out that because the Goodman 's house does not have a base-
ment the garage is used mainly for storage. It was, also,
pointed out that the Goodmans presently have one car but
are looking for another one and the garage could only
house one car. Mr. Bogner pointed out that the Goodmans
hardship was mainly because they have no basement for
storage space and Mr. Boraczek asked if it was not pos-
sible to put a shed somewhere on the property for this
purpose.
The Board questioned Mr. Goodman in regard to screening
and decided that if the application was approved it would
be contingent upon the applicants putting in shrubs at
least 4 ft. in height.
After further discussion the Board decided to vote on
the application and the result was as follows :
Commissioner Boraczek - Aye
Commissioner Hardesty - Aye
Commissioner Moore - Aye
Commissioner Carr - Aye
The application was therefore approved and the following
Resolution adopted:
WHEREAS, Mr. and Mrs . Samuel Goodman have sub-
mitted an application to the Building Inspector
to allow the construction of an addition which
will be 21 .47 ft. back from Eton Road and to
widen the existing driveway 4 ft. between exist-
ing house and Eton Road having a 0 ft. setback
from Eton 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 Article VI Sec-
tion 89-33 Subsection B (1 ) "Construction Require-
ments for an R-10 One Family Residence District"
which requires that on a corner lot a front set-
back of 30 ft. be provided from both streets
and Article XI Section 89-67 Subsection B Lay-
out and Location of Off-street Parking Facili-
ties which requires that no off-street parking
facilities be developed within 25 ft. of front
property line on the premises located at 133
Rockland Avenue and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 211 Par-
cel 114; and
WHEREAS, Mr. and Mrs. Samuel Goodman have sub-
mitted an application to this Board for a vari-
ance on the ground of ra
p ctical difficulty and/
CtZ 07
or unnecessary hardship for the following reasons :
1 . The existing dwelling was built
in 1935 prior to the adoption of the
existing Ordinance and is in compliance
with the current Ordinance for the
required 30 ft. setback on Eton Road
but the existing garage has a setback
of 21 .47 ft. and the new addition
will not be built beyond this exist-
ing encroachment line.
2 . Although the front door of the
house faces Rockland Avenue the func-
tional main entrance is from the Eton
Road side through the kitchen which
is small and the proposed mudroom
is needed to handle the combined ent-
rance traffic (storage, coats , etc. )
as well as cooking needs .
3. The existing house is of steel
construction with first floor block
bearing walls which makes the expan-
sion of the kitchen by any other means
costly and difficult to achieve.
4. The addition will be one story
and will aesthetically serve to in-
tergrate the current discordant gar-
age protusion into the rest of the
house.
5. The addition will be screened
by existing hemlock and will not be
apparent from the street.
6 . The new addition will be constructed
of materials to blend in with the
rest of the house.
7. The application for the widening
of the driveway is less than what
was requested in the previous appli-
cation which was denied.
8. Since the majority of the houses
on Eton Road have double width drive-
ways this request is for the grant-
ing of similar parking space.
9. Since the access to the driveway
is from Eton Road and no widening
of the existing curb cut is proposed.
10. Since the existing house does
not have a basement or cellar the
narrow existing garage is used for
storage creating a problem for a po-
tential two car family which can only
be solved by the widening of the drive-
way as proposed for off-street park-
ing purposes .
11 . The house and garage are setback
some 42.72 ft. from Rockland Avenue
and therefore the proposed widening
will not encroach on any setback re-
quirements on Rockland Avenue.
12. The parking of visitors cars
on Eton Road creates a safety hazard
since the Town has painted a double
yellow line along the roadway and
if a car is parked on Eton Road it
is impossible for another car to pass
without crossing the double yellow
line.
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 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 addition of the mud
room will provide a more
functional entrance.
2. The widening of the drive-
way will provide a space
for the applicant's poten-
tial two cars .
3. That said circumstances
and/or conditions are such
that the particular appli-
cation of the Ordinance with
respect to Article VI Sec-
tion 89-33 Subsection B (1 )
"Construction Requirements
for an R-10 One Family Resi-
dence District" and Article
XI Section 89-67 Subsection
B Layout and Location of
Off-street Parking Facili-
ties" would deprive the ap-
plicant 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.
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 pub-
lic welfare; and it is
FURTHER RESOLVED, that a variance is hereby
granted and that Article VI Section 89-33 Sub-
section B (1 ) "Construction Requirements for
an R-10 One Family Residence District" and Ar-
ticle X Section 89-67 Subsection B Layout and
Location of Off-street parking facilities be
varied and modified so as to allow the construc-
tion of an addition which will be 21 .47 ft.
back from Eton Road and to widen the existing
driveway 4 ft. between existing house and Eton
Road on the premises located at 133 Rockland
Avenue and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 211 Parcel 114
in strict conformance with plans filed with
this application, subject t the following con-
dition provided that the applicant complies
in all other respects with the Zoning Ordinance
and Building Code of the Town of Mamaroneck.
That the applicant plant shrubs at
least 4 ft. in height to screen the
proposed off-street parking area.
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.
C
ADJOURNMENT
There being no further business to come before this meet-
ing it was adjourned at 9:00 P.M.
itaL A. John n, Secretary
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