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HomeMy WebLinkAbout1985_02_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE C TOWN OF MAMARONECK HELD FEBRUARY 28, 1985, IN THE AUDITORIUM OF THE FIREHOUSE, WEAVER STREET AND EDGEWOOD 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 D. Mosher Mr. J. Rene Simon Mrs. Anne McAndrews Mr. Patrick Kelleher Also present: Mr. William Paonessa, Building Inspector Mr. Steven Silverberg, Town Counsel Dr. Lawrence Lerman, Town Councilman Mr. Stephen Altieri, Town Administrator APPROVAL OF MINUTES The minutes of the meeting of November 28, 1984 were pre- sented and on motion made and seconded approved as submitted. 41:1 The Chairman read the first notice. APPLICATION NO. 1 - CASE 657 (This application was postponed from the meeting of November 28, 1984) Application of Mrs. Ann McAtee for modification of Article XI Section 89-65 B "Layout and location of off-street park- ing facilities" which requires a minimum front setback of 25 ft. to maintain an existing off-street parking and turn- around space having a front setback of 3'± on the premises located at 423 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Parcel 734 on the grounds of practical difficulty and/or unnecessary hard- ship. Mrs. McAtee and her son appeared and Mr. Boraczek said the Board had requested the applicant to change the plan to make it easier for Mrs. McAtee to back out on to Weaver Street. Mr. Boraczek said it looks as if they had created a parking space right on Weaver Street. The Chairman asked the applicant if they wanted the Board to vote on an amended application with a stipulation that there would be no overnight parking. After some discussion and on motion made and seconded the Board and the applicant agreed to postpone the application until next month when they would have their Engineer submit a new plan. Mr. Boraczek asked the Secretary to read the next applica- tion. APPLICATION NO. 2 - CASE 676 Application of Mr. and Mrs. Robert DeMatas for modification of Article VI Section 89-35 Subsection B (1) & D (1) "Con- struction Requirements for a One Family R-6 Residence Dis- trict" which requires a minimum front setback of 30 ft. and a maximum height of 211 stories to allow the construc- tion of an addition to rear of nonconforming dwelling hav- ing an existing front setback of 0 ft. and a height of 3 stories on the premises located at 54 Dean Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 505 Parcel 307 on the grounds of practical dif- ficulty and/or unnecessary hardship. Mr. DeMatas presented his application to the Board and said that his Architect was supposed to be there but he hadn't appeared as yet. Mr. DeMatas said the house was 127 years old and they would have a problem no matter where they put the addition. The applicant said he has three chil- dren and his mother-in-law living in the house and they wanted more room. Mr. Boraczek expressed concern about the parking and then questioned about the plan which Mr. DeMatas was unable to answer. The Board advised the applicant to call his Architect and they would hear the application later in the evening. F==� The Chairman asked the Secretary to read the next applica- tion. APPLICATION NO. 3 - CASE 677 Application of Mr. William F. Cassin, owner for modifica- tion of Article VI Section 89-39 "Construction Requirements for Tower Apartments in R-TA District" to permit occupancy of converted maid's quarters into a dwelling unit in non- conforming apartment building, namely, Subsection A (1) minimum lot area per dwelling unit 1500 sq. ft., required 78,000 sq. ft. , existing 19,600 sq. ft. , Subsection A (3) maximum building coverage 20%, existing building coverage 90Z; Subsection B (5) useable open space required @ 200 sq. ft. per dwelling unit, required 10,400 sq. ft., exist- ing 7862 sq. ft. , Subsection E "Off-street Parking" required 1.5 spaces per dwelling unit required 78, existing 0 spaces on the premises located at 14 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcels 150 and 152 on the grounds of prac- tical difficulty and/or unnecessary hardship. Mr. Cassin spoke and said that the application had been turned down by the Board previously and Mr. Hutcheon, who is the tenant had asked him to appear on his behalf. Mr. Cassin said that he bought the apartment house under the impression that the apartment Mr. Hutcheon lives in was a legal apartment and he now has a suit against the previous owner. Mr. Cassin further said that Mr. Hutcheon's apart- ment is in good condition and is a very suitable apartment. i Mr. Mosher pointed out that they were asking for the exten- O sion of a nonconforming use and questioned about the re- lationship of Mr. Hutcheon's apartment to other apart- ments in the building. Mr. Mosher said he had asked Mr. Silverberg, the Town Counsel if it was permissible to grant temporary variances. Mr. Silverberg had said yes and Mr. Moshe r said he would be willing to compromise by request- ing a temporary variance which would expire e in three years.Mosherfurthersaid theaPPlicant would have to then reapply to renew the var iance. Mr. Boraczek asked the applicant if he intended to do any further construction and Mrs. McAndrews questioned about the size of the alteration. It was pointed out that the apartment is larger than some of the other apartments in the building. Mr. Robert Hutcheon, the tenant spoke and said he had been living there for 13 years and has made arrangements to park in a private garage on Murray Avenue. Mr. Boraczek read a petition that was signed by all the tenants in the building supporting Mr. Hutcheon. Mr. Hut- cheon also presented petitions signed by over two hundred residents supporting his application. Around 10 people in the audience spoke in support pport of the 0 application. Mr. Reynolds spoke and said he had worked for Mr. Mandeville for many years and managed the apart- ments and when Mr. Hutcheon moved in and worked on his apartment Mr. Mandeville had spoken to the Town Board. Mr. Hardesty, who is the Chairman for the Tenant's Coun- cil for 14 North Chatsworth Avenue, also spoke in support of the application. After further discussion on motion made by Mrs. McAndrews and seconded with all members voting in favor except Mr. Mosher the following Resolution was adopted: WHEREAS, Mr. William F. Cassin, owner has sub- mitted an application to the Building Inspector to permit occupancy of converted maid's quar- ters into a dwelling unit in a nonconforming apartment building having minimum lot area per dwelling unit of 19,600 sq. ft. , a maximum build- ing coverage of 90%, useable open space exist- ing 7862 sq. ft. and off-street parking of 0 spaces, 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 89-39 "Construction Requirements for Tower Apartments in R-TA District" Subsection A (1) which required a minimum lot area per dwelling unit of 1500 ,/ sq. ft. , required 78,000 sq. ft. , Subsection A • (3) maximum building coverage 20%, Subsection B (5) useable open space required @ 200 sq. ft. per dwelling unit, required 10,400 sq. ft. and Subsection E "Off-street Parking"required 1.5 spaces per dwelling unit required 78 spaces on the premises located at 14 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcel 150 and 152; and WHEREAS, Mr. William F. Cassin has submitted an application for a variance to this Board on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Mr. Hutcheon, the tenant lived in Larchmont all his life and the past thirteen years in the apartment in question. He has been a member of the Town of Mamaroneck Police Depart- ment for 15 years and does not want to leave the area because of roots established and the convenience to his job. Despite a long search he is unable to find housing in this area which he can afford and the other 0 tenants in the building have enjoyed additional security having a Police Officer and will continue to do so as long as he is there. 2. The space in question is a ground floor, not a basement apartment, built thirteen years ago with finely finished walls and ceiling, seven windows, spacious living room, small bedroom, kitchen and bathroom. It is not sub- standard but conforms to other apart- ments in size and will be larger than most in the building with the proposed additional space. The plans for reno- vation include expansion of the kitchen, a new larger bedroom and a second bathroom. 3. The issue of insufficient parking in the area will not be relevant as the tenant has already made arrangements for his parking heeds. The apartment which was previously nine maids' rooms converted into a single unit has already Cgreatly reduced the parking problem. 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 the variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows: 1. The existing apartment as presently constructed is adequate and conforms with other apartments in the building. 2. The tenant has made ar- rangements for parking which would not increase the park- ing problem. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-39 "Construction Require- ments for Tower Apartments in R-TA District", Subsection A (1), Subsection A (3) , Sub- section B (5) and Subsection E would deprive the appli- cant of the reasonable use of the land and/or building and that the variance as granted by this Board is a minimal adjustment that will accomplish this purpose. 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 other- wise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-39 "Con- struction Requirements for Tower Apartments in R-TA District", Subsection A (1) , Subsec:t-ion A (3), Subsection B 5 ( ) and Subsection E be © varied and modified so as to maintain and per- mit alterations to a ground floor apartment { on the premises located at 14 North Chatsworth Avenue and known on the Tax Assessment Map of ' the Town of Mamaroneck as Block 127 Parcels 150 and 152 in strict conformance with plans filed with this application provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that 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 read the notice for the next application. CAPPLICATION NO. 4 - CASE 678 Application of Mr. Frank Webers for modification of Ar- ticle XI Section 89-66 "Off-street Parking Requirements" i, which requires a minimum of nine (9) additional parking spaces for the construction of an additional 1836± sq. ft. of office space on the 2nd floor within the existing building and maintaining the existing off-street parking facilities of 12 spaces instead of the required 21 off- street parking spaces on the premises located at 620 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 33 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Forbes, an Attorney, represented Mr. Webers, the ap- plicant and said they were asking for a variance on park- ing requirements. Mr. Forbes stated that the second floor of the existing building has not been used and no additional employees will be added. Mr. Forbes further said that when the building was erected the}had received a use vari- ance. Mr. Mosher asked about the office hours and Mr. Webers said they were 9 to 5 but some employees come in at 7 and when some of the trucks leave on Sunday night for 4:: long hauls they could be out for awhile. Mr. Webers stated that they rent space across the street for park- ing and have a garage in Greenwich. Mrs. Pat Latona, Chairman of the Traffic Committee( said they were aware of the heavy traffic in that area and Clack of parking. Mrs. Hilda Wilson of 15 Lafayette Road expressed concern in the event that Collins Bros. would lose their lease for the parking across the street. Mr. Webers pointed out that even if the lease does expire they have more than enough parking for their employees and they can move their trucks up to Greenwich. Mr. Richard Mari, who is on the Traffic Committee expressed concern over if the present tenant leaves what would happen and Mr. Silverberg said there were no requirements that a new owner or tenant would lease additional ;spaces. Mrs. McAndrws asked what would happen if someone came in and wanted more employees. Mr. Paonessa pointed out that Collins Bros. certificate of occupancy right now was for an office and warehouse. Mr. Webers said that they have been in business and plan to be there for a long time. Mr. Kelleher questioned about how many employees they have at the present time and Mr. Webers said they have 7 women and 3 managers. 1 C After further discussion on motion made by Mr. Mosher and seconded with all members voting in favor the appli- cation was approved and the following Resolution was adopted: WHEREAS, Mr. Frank Webers has submitted an ap- plication to the Building Inspector to allow an additional 1836 sq. ft.± of office space on the 2nd floor of an existing building and main- taining the existing off-street parking facilities of 12 spaces, together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Or- dinance of the Town of Mamaroneck with particu- lar reference to Article XI Section 89-66 "Off- Street Parking Requirements" which requires a minimum of nine (9) additonal parking spaces on the premises located at 620 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 132 Parcel 33; and WHEREAS, Mr. Frank Webers has submitted an ap- plication to this Board for a variance on the ground of practical difficulty and/or unneces- Csary hardship for the following reasons: 1. Applicant wants to construct the second floor office space within the existing warehouse so as to provide a conference room and a computer room. 2. No new employees will be added because of the alterations. O 3. Applicant's rac p tical difficulty is that he has no more space available for added parking. 4. The variance would have no adverse effect on the neighborhood since the warehouse has been in operation for four years. WHEREAS, this Board has examined the plans, re- viewed the application and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion on the following grounds: (a) That there are special circumstances and conditions applying to the land for which the variance is sought, which circumstances and/or conditions have not resulted from any acts of the ap- 4:: plicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows: 1. There would be no pro- blem with the parking g since there would be no increase in personnel. 2. There is plenty of room for all necessary parking in the present area. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article XI Section 89-66 "Off-street Parking Requirements" would deprive the applicant of the reason- able use of the land and/ or building and that the C variance as granted by this Board is the minimum adjust- ment that will accomplish this purpose. 4. That the granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious Oto 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 XI Section 89-66 "Off- street Parking Requirements be varied and modi- fied so as to allow the construction of an additional 1836± sq. ft. of office space on the 2nd floor within the existing building and maintaining the existing off-street parking faci- lities of 12 spaces on the premises located at 620 Fifth Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 132 Parcel 33 in strict conformance with plans filed with this application provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that 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 C 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 1 267 of the Town Law. The Chairman asked the Secretary to read the next applica- tion. APPLICATION NO. 5 - CASE 679 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 build- ing height of two stories and thirty feet, proposed three stories and forty fee; Subsection E which requires a mini- mum of 195 off-street parking spaces @ 9'x20', proposed 141 off-street parking spaces @ 9'x18' on the premises 42 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. / • A Public stenographer was present and his minutes will be made part of the record. O The applicant was rep resented by Mr. George Forbes, an Attorney. On motion made and seconded with all members in favor the application was adjourned until such time as a traffic study is ready and any other pertinent study to be considered with the application including compliance with SEQR. Mr. Boraczek asked the Secretary to read the next appli- cation. APPLICATION NO. 6 - CASE 680 Application of Mr. and Mrs. Lawrence Flink for modifica- tion of Article VIII Section 89-44 A "Supplementary Regu- lations - Yards, Setback and Courts" which requires a mini- muk rear and side setback for paved terraces of 5 ft. to maintain an existing paved terrace (basketball court) hav- ing rear and side yard setback of 2.5 ft. on the premises located at 11 Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320 Parcel 740 on the grounds of practical difficulty and/or unnecessary hardship. 0 Mr. Flink appeared before the Board and said they had re- cently built the play area and had picked that particular location because it seemed the most appropriate where land- scaping could be added. The applicant further said he had hired professional help who had advised him and he thought he was doing what was right. Mr. Mazin, an Attorney represented Mr. and Mrs. Friedman and said that according to a survey he had the basketball court was 1'10" from the line and not 2'5". Further, Mr. Mazin said that the basketball court was directly in front of his client's bedroom windows and it is an eyesore. Mr. Mazin further said that due to its proximity to his client's driveway it is a safety hazard. Mr. Arthur Kennish of 2 Country Lane said he was against the application. It was pointed out that Mr. Mazin's clients, Dr. and Mrs. Friedman had been using their residence for a professional office and were required to obtain a permit for the altera- tion and additional parking area. Mr. Mazin, also, discussed the retaining wall that the applicants had built and said it should be considered a structure. Mr. Mosher pointed out that a retaining wall (_ was permissible. Mr. Boraczek asked Mr. Silverberg if the application could be put over the meeting next month when Counsel could give the Board an interpretation as to the definition of a wall. J On m otjon made and seconded it was decided to adjourn the O application until the next meeting and Mr. Silverberg would advise the members of the interpretation of a wall. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 7 - CASE 681 Application of Mr. Michael Dolan for modification of Ar- ticle VI Section 89-36 Subsection B (3) "Construction Re- quirements for an R-7.5 One Family Residence District" which requires a minimum rear yard setback of 25 ft. to allow the construction of a wood deck at the rear of the dwelling creating a rear yard setback of 1.1 ft. on the premises located at 63 Vine Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 110 Parcel 345 on the grounds of practical difficulty and/or unneces- sary hardship. Mr. Dolan appeared with his Architect, Mr. Lawrence Gordon and said they would like to put up a deck as their backyard at present is not useable. The applicant stated that right now the yard is very unattractive and the deck would make it safe for their 21 year old daughter to play. Mr. Boraczek questioned about why the deck had to cover the whole back yard. Mrs. McAndrews said she knows there is a lot of rock in Larchmont but she is having trouble with the application. It was pointed out that the proposed deck was on two levels and the applicants are trying to connect the kitchen area so that they may have more enjoyment of their backyard. The applicant said the house will be made more attractive aesthetically with the deck and a new fence he intends to replace which will be coordinated with the deck to provide more privacy to the applicants and the neighbors on the south side of the property. After further discussion on motion made by Mr. Mosher and seconded with all the members voting in favor except Mr. Boraczek, the application was approved and the following Resolution adopted: WHEREAS, Mr. Michael Dolan has submitted an application to the Building Inspector to allow the construction of a wood deck at the rear of the dwelling creating a rear yard setback • of 1.1 ft. , together with plans; and WHEREAS, the Building Inspector has refused C 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 89-36 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 63 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 345; and WHEREAS, Mr. Michael Dolan has submitted an application to this Board for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons: 1. As shown on the survey of the pro- perty, the configuration of the pro- perty is such that the backyard is the only possible location for a deck. 2. The backyard is very narrow (approx- imately) 28 ft. wide from the back of the house to the property line) and unless they receive a modification from the existing setback they will not be able to construct a deck and will be deprived of the use and enjoy- ment of the backyard. 3. Because of the rock formation in the backyard it limits the usefulness of the yard and because of the size and steepness of the rock formation it is hazardous for children playing in the yard. 4. The worn out fence will be replaced by a new fence and will provide pri- vacy to the applicant and his neigh- bors on the south side of the property. WHEREAS, this Board has examined the plans, re- viewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion on the following grounds: (a) That there are special circum- stances and conditions applying to the land for which the variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows: 1. The area at present is C not suitable for the usual activities and creating the deck would make it useable. 2. The proposed deck will cover most of the rock forma- tion and make it safe for 1 the applicant's 21 year old daughter to play in the back- yard. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-36 Subsection B (3) "Con- struction Requirements for an R-7.5 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance as granted by this Board is a minimum adjustment that will accomplish this purpose. Oink 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 other- wise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-36 Subsection B (3) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to allow the construction of a wood deck at the rear of the dwelling creating a rear yard setback of 1.1 ft. on the premises located at 63 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 345 in strict conformance with plans filed with this application provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. C 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 s / Clerk. The building permit shall be void if C 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. 8 - CASE 682 Application of Mr. and Mrs. William Lanigan for modifi- cation 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 2nd floor dormer extension maintaining an existing nonconforming side yard of 6'0"± on the premises located at 50 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 108 Parcel 13 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. Lanigan appeared before the Board and said that the present bathroom needs to be renovated and there is only one small closet. The applicant said the proposed addi- tion will not change the existing structure and it was pointed out that the house is already nonconforming. After further discussion on motion made and seconded, with all the members voting in favor, the application was approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. William Lanigan have sub- mitted an application to the Building Inspector to allow the construction of a 2nd floor dormer extension maintainiig an existing nonconforming side yard of 6'0"±, 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) "Construction Requirements for an R-7.5 One Family Residential District" which requires a minimum side yard of 10 ft. on the premises located at 50 Vine Road and known on the Tax Assess /I - ment Map of the Town of Mamaroneck as Block 108 Parcel 13; and (2 WHEREAS, Mr. and Mrs. William Lanigan have sub- mitted an application for a variance to this Board on the ground of practical difficulty and/or un- necessary hardship for the following reasons: s 1. Existing bathroom needs to be re- done. 2. There is not enough closet space in the existing house. WHEREAS, this Board has examined the plans, re- viewed the application and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion on the following grounds: (a) That there are special circumstances and conditions applying to the land for which the variance is sought, which circumstances and/or conditions have 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 is not extending into the side yard any further than the present structure. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-34 Subsection B (2) "Con- struction Requirements for an R-7.5 One Family Residen- tial District" would deprive the applicant of the reason- able use of the land and/or building and that the vari- ance as granted by this Board is a minimum adjustment that will accomplish this purpose. 3. That the granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the pub- lic welfare;and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 Sub- section B (2) "Construction Requirements for an R-7.5 One Family Residential District" be varied and modified so as to allow the construc- tion of a 2nd floor dormer extension maintain- ing an existing nonconforming side yard of 6'0"± on the premises located at 63 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 345 in strict conformance with plans filed with this 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. ® Mr. DeMatas the second applicant returned with his Archi- tect, Mr. Caragliano and answered Mr. Boraczek's question as to the reason for the high ridge. Mr. Caragliano said that it was so they could maintain the slope of the exist- ing roof. Mr. Paonessa explained to the members of the Board that the New York State Code does not permit habitable space on the third floor and it has to be used for storage. The applicant said he has three children and his mother- in-law and the addition will give them a total of four bedrooms. The Board asked the applicant if his applica- tion was approved if he would provide an off-street park- ing facility for a minimum of two cars. Mr. Paonessa pointed out that the off-street parking facility would have to be setback 25 ft. from the front property line (Lorenzen Street and Dean Place) . After further discussion on motion made and seconded with all the members voting in favor the application was approved with the condition that the applicant provide the off-street parking facility. The following Resolution was adopted: WHEREAS, Mr. Robert DeMatas has submitted an application to the Building Inspector to allow the construction of a 3 story addition at the rear of a nonconforming dwelling having an exist- ing front setback of 0 ft. and 3 stories, together with plans; and WHEREAS, the Building Inspector has refused to C issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordi- nance of the Town of Mamaroneck with particular reference to Article VI Section 89-35 Subsection B (1) & D (1) "Construction Requirements for One Family R-6 Residence District" which requires a minimum front setback of 30 ft. and a maximum height of 21 stories on the premises located at 54 Dean Place Place and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 505 Parcel 307; and WHEREAS, Mr. Robert DeMatas has submitted an ap- plication to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. The location of the proposed rear addition is situated as to infringe as little as possible into any required yard (5 foot infringement) . 2. Although 32 stories high when viewed from the rear, when measured from the front curb line the building is still allilliMMIMMI4 21 stories and 33 ft. high. CWHEREAS, 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 applica- tion on the following grounds: (a) That there are special circumstances and conditions applying to the land for which the variance is sought, which circumstances and/or conditions have not resulted from any acts of the 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 applicant has agreed to provide off-street park- ing for the minimum of 2 cars to be set back from the front property line at least 25 ft. (Lorenzen Street and Dean Place) . 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 (1) & (D) (1) "Construction Require- ments for a One Family R-6 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 accom- plish this purpose. 3. That the granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-35 ® Subsection B (1) & D (1) "Construction Re- quirements for a One Family R-6 Residence District" be varied and modified so as to allow the construction of an addition to rear of nonconforming dwelling having an existing front setback of 0 ft. and a height of 3 stories on the premises located at 54 Dean Place and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 505 Parcel 307 in strict conformance with plans filed with this application subject to the following condition provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. 1. That the applicant provides an off-street parking facility for the minimum of 2 cars and setback at least 25 ft. from the front property line (Lorenzen Steet and Dean Place) . 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 this meet- ing it was adjourned at 11:50 P.M. Rita A. Johnsorv; Secretary ,1