Loading...
HomeMy WebLinkAbout1982_03_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MARCH 24, 1982 , IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUR, 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. Egbert R. Hardesty Mr. Peter G. Moore Mr. Peter D. Mosher Absent: Mr. Stephen K. Carr Also present: Mr. William Paonessa , Building and Plumbing Inspector APPROVAL OF 11INUTES The minutes of the meeting of December 2, 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 asked the Secretary to read the application. APPLICATION NO. 1 - CASE 584 Application of Mr. Robert E. Levine for modification of 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 of 25 ft. to permit an addition to the rear deck which will create a rear yard of 20 ft. on the premises located at 7 Lundy Lane and known on the Tax Assessment Map of the Town of Mama- roneck as Block 503 Parcel 660 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mr. Levine presented his application to the Board and said that the existing deck is in bad shave and needs to be rebuilt. The applicant said that the present deck is an irregular shape and at the southern end is not usable. Mr. Levine presented a picture showing the deck and screen- ing and also, letters from two of his neighbors. The applicant stated that his hardship is in that if he has to rebuild the deck to conform with the Zoning the rear steps and back door at the southern part of the deck would be narrow, dangerous and completely useless as well as unattractive. Mr. Richard M. Wolf of 5 Lundy Lane who had written one of the letters appeared at the meeting and Mr. Boraczek read Mr. Wolf' s letter. Mr. Wolf in his letter said he would be the person most apt to see the nonconforming part of the deck and after careful study of both the plans and an actual sighting from his deck he did not think he would be able to see the new deck. Mr. Wolf further said in his letter he did not think Mr. Levine' s request would harm the character of the neighborhood but would enhance it and urged the Board to approve the request. Mr. Boraczek, also, read a letter from Mr. Robert Cohen of 9 Lundy Lane. In his letter Mr. Cohen said he had examined the layout and plans for the new construction and the change could only enhance the appearance of the property and the neighborhood. Mr. Cohen, in his letter, also, strongly urged the Board to grant approval . Mrs. Levine said that since they have to remove the pre- sent deck she would like to have the use of a full deck. Mr. Mosher questioned as to whether the present deck had been built at the same time as the house and whether the applicants use the lawn at the rear of the house. The Levines said that when they had bought the house 12 years ago the deck was there but through the years they have had to replace boards and parts. Mr. Boraczek asked about the height of the deck and said his approval would be contingent upon the Building Inspector checking the safety of the posts and railing. 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 Mosher - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. Robert E. Levine has submitted an application to the Building Inspector to allow the construction of an addition to the rear deck which will create a rear yard of 20 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 Sec- tion 89-34 Subsection B (3) "Construction Require- ments for an R-7. 5 One Family Residence District" which requires a minimum rear yard of 25 ft. on the premises located at 7 Lundy Lane and known on the Tax Assessment Map of the Town of Mama- roneck as Block 503 Parcel 660; and WHEREAS, Mr. Robert E. Levine has submitted an application to this Board for a variance on the ground of practical difficulty and/or unncessary hardship for the following reasons : 1 . Present deck must be rebuilt. 2. Rear steps and back door of house meet at southern corner of deck which is so narrow it is dangerous and com- pletely useless as well as unattrac- tive. 3. Rear of property is completely screened by tall hemlocks from pro- perty to rear. 4. Adjacent homeowners approve of proposed reconstruction and feel it will enchance the appearance of the area. WHEREAS, this Board has examined the plans reviewed the application and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the appli- cation on the following grounds : (a) That there are special circumstances and conditions applying to the land for which 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 existing deck is in disrepair and needs rebuilding. 2. The property slopes steeply down from the street and the deck which is approxi- mately one story above the rear yard affords the only access from the dwelling to the rear yard. 3. That due to the loca- tion of the rear door and steps, the usable floor space of the deck would be increased by construct- ing the deck parallel with the rear of the dwelling. 4. 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 . 5. 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 construction of an addition to the rear deck which will create a rear yard of 20 ft. on the premises located at 7 Lundy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Par- cel 660 in strict conformance with plans filed with this application provided that the appli- cant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed within two years of the date of the said permit. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 7 of the Town Law. ,.�. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 8:45 P.M. Rita A. John , Secretary 0 c2 es,