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HomeMy WebLinkAbout1980_03_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MARCH 26, 1980, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to crabr by the acting Chairman, Mr. Boraczek at 8:15 P.M. ROLL CALL Present: Mr. Andrew W. Boraczek, acting Chairman Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Absent: Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of February 27, 1980 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 explained to the applicants that because only three members were present their applications would have to have an unanimous vote and they had the privilege of postponing their applications without penalty. The Chair- man, also, said that there was no guarantee that at the next meeting the situation would not be the same. Mr. Boraczek asked the first applicant, Mr. Jacobson if he wanted to proceed with his application since his case had been postponed from the last meeting because only three members were present. Mr. Jacobson and the other two ap- plicants all said they wanted their applications heard at this meeting. The Chairman asked the Secretary to read Mr. Jacobson 's application . CASE 521 Application of Mr. and Mrs . Steven Jacobson for modifica- tion of Article VI Section 89-30 B (2) (a) "Construction Requirements for a One Family R-30 Residence District" which requires a minimum side yard of 20 ft. to allow the construction of an addition to the easterly side of the dwelling having a side yard of 8 ft. on the premises lo- cated at Beach Road, Premium Point and known on the Tax Assessment Map of the Town of Mamaroneck as Block 509 Par- cel 86 on the grounds of practical difficulty and/or un- necessary hardship. Mr. Jacobson was represented by his Attorney, Mr. Roger Sirlin of 211 Mamaroneck Avenue, Mamaroneck. Mr. Sirlin said that Mr. Jacobson 's prior application which had been turned down by the Board at its meeting of June 27, 1979 showed the garage going right up to the property line. The proposed revised plan shows an 8 ft. setback. Mr. Sirlin stated that the location was chosen because they did not think it was appropriate to have the garage on the same side as the bedrooms and they had decided on the side closest to the kitchen. Mr. Sirlin, also, said that when Mr. Jacobson had appeared before the Planning Board for the subdivision of the lot which was the former Revson property the application had been approved subject to the two owners providing separate driveways . Subsequently, the Jacobson and Blanks had entered into a reciprocal easement for the use of the driveway and portions of land. The easement was for a two year period and will soon expire. At the time of the first hearing on June 27, 1979 the Board had received a letter from Mrs . Blank, the adjoin- ing property owner, approving the application at that tine. Mr. Jacobson said if the garage was put on the westerly side he would have to block off one of the bedroom win- dows and that he also needs storage area since he has a wet basement. Mr. Jacobson stated that presently they have four bedrooms and need an extra room for a maid or housekeeper. Mr. Jacobson, also, pointed out that the house he had purchased was a "guest house" and he had to put in the kitchen. In conclusion, Mr. Jacobson said that even though his house is on a nice piece of property it is a long and narrow lot. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs . Steven Jacobson have sub- mitted an application to the Building Inspector to allow the construction of an addition at the easterly side of the dwelling having a side yard of 8 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 89-30 Subsection B (2) (a) "Construc- tion Requirements for a One Family R-30 Residence District" of the Zoning Ordinance which requires a minimum side yard of 20 ft. on the premises located at Beach Road, Premium Point and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 509 Parcel 86; and WHEREAS, Mr. and Mrs . Steven Jacobson have sub- mitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons : 1 . The existing residence has no garage. 2. The proposed location is the best functionally and aesthetically. 3. The 8 ft. side yard abuts the neighbors driveway and provides no functional or aesthetic hardship. 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 and/or building 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 lo- cation of the garage is best suited for the function- ing and aesthetics of the existing dwelling. 2. That the addition will create enclosed parking, storage room and additional living space more in keep- ing with the general neigh- borhood. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-30 B (2) (a) "Construc- tion Requirements for an R-30 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. 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 89-30 Sub- section B (2) (a) "Construction Requirements for an R-30 One Family Residence District" be varied and modified so as to allow the con- struction of an addition at the easterly side of the dwelling having a side yard of 8 ft. on the premises located at Beach Road, Premium Point and known on the Tax Assessment Map of the Town of Mamaroneck as Block 509 Parcel 86 in strict conformance with plans filed with the application provided that the applicant complies with the Zoning Ordinance and Build- ing Code of the Town of Mamaroneck . FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed within two years of the date of said permit. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 1 - CASE 522 Application of Mr. and Mrs . Thomas E. Gunther for modi- fication of Article VI Section 89-34 B (3) "Construction Requirements for an R-7.5 One Family Residence District" which requires a minimum rear yard of 25 ft. to allow the construction of a one story addition at the rear of the dwelling having a minimum rear yard of 18 ft.+ on the premises located at 21 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Parcel 480 on the grounds of practical difficulty and/or unnecessary hardship . Mr. Gunther appeared before the Board and stated that they had no room in their existing kitchen. The appli- cant said that only two people can eat in the kitchen and there is no bathroom on the first floor. Mr. Gunther said that the addition will not project any further in the rear yard than the present structure. It was pointed out that the house is presently non-conforming and was built prior to the present zoning. Mr. Leonard Prevett of 25 Valley Road who is Mr. Gunther's next door neighbor appeared before the Board and said he was in favor of the application. After further discussion the Board voted on the appli- cation and the result was as follows : Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs . Thomas E. Gunther have submitted an application to the Building Inspec- tor to allow the construction of a one story addition at the rear of the dwelling having a rear yard of 18 ft.+ together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article VI Section 89-34 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 21 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Parcel 480; and WHEREAS, Mr. and Mrs . Thomas E. Gunther 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 . The applicants need the enlarge- ment for their growing family. 2. The extension is no further than the existing extension. 3. There is no bathroom on the first floor at the present time. 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 condition applying to the land for which a variance is sought, which cir- cumstances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows : 1 . That the proposed addi- tion will create a larger eat in area in the kitchen and lavatory facilities on the 1st floor for the applicant's growing family. 2. The addition will not extend any further than it is now existing . 3. The house was built under the prior zoning and is presently non-conform- ing. 4. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-34 B (3) "Construction Requirements for an R-7 .5 One Family Residence Dis- trict" would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance as granted by this Board is a minimal adjustment that will accomplish 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 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 one story addition at the rear of the dwell - ing having a minimum rear yard of 18 ft.+ on the premises located at 21 Valley Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 115 Parcel 480 in strict con- formance 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. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 2 - CASE 523 Application of Mrs . Louise G. Rodgers for modification of Article VI Section 89-34 Subsection B (3) "Construc- tion Requirements for an R-7.5 One Family Residential District" which requires a minimum rear yard of 25 ft. to permit an existing wood deck having a rear yard of 22 ft. on the premises located at 88 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117 Parcel 177 on the grounds of practical difficulty and/or unnecessary hardship. Mrs . Rodgers was represented by Mr. Paul Monsell of the firm of Minniti , Pirro & Monsell , 100 Mamaroneck Avenue, Mamaroneck, New York. When the application was submitted the applicant had submitted a Memorandum which was made part of the record. Mr. Monsell said that Mr. Paonessa had seen the work that the applicants were doing and that they were asking for "relief after the fact" . Mr. Monsell stated that Mr. Rodgers had inquired from Mr. Paonessa regarding the area requirements and measured his lot line from the wrong location. Mr. Monsell , also, said that no permit had been obtained for any of the work until Mr. Paonessa had inspected the building and contacted the builder and told them all work had to stop until they received a permit. Thebuilder obtained a permit for the work that was being done inside the house but Mr. Paonessa advised them they would need a variance to allow the existing deck . Mr. Monsell further said that the Rodgers practical diffi- culty was because of the configuration of the lot and the fact that the builder had made an error. Additionally, Mr. Monsell stated that the deck was constructed at that location because they could utilize an existing door to the kitchen and that if the applicants were forced to remove the deck to comply with the Zoning it would effect the practical use of the kitchen door for ingress or egress . In conclusion, Mr. Monsell said that the applicants were not violating any side yard requirements and that the Rodgers intended to put in shrubbery at the rear of the lot to improve the property. Mr. Moore questioned about the plan and Mr. Paonessa ad- vised that if the variance was granted the deck would have to conform with the building code requirements . After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mrs . Louise G. Rodgers has submitted an application to the Building Inspector to permit an existing wood deck having a rear yard of 22 ft. together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article VI Section 89-34 Subsection B (3) "Construc- tion Requirements for an R-7.5 One Family Resi- dential District" which requires a minimum rear yard of 25 ft. on the premises located at 88 North Chatsworth Avenue and known on the Tax Assessment.Map of the Town of Mamaroneck as Block 117 Parcel 177; and WHEREAS, Mrs . Louise G. Rodgers has submitted an application to this Board for a variance on the ground of practical difficulty and/or unnec- essary hardship for the following reasons : 1 . The builder believed he had con- structed the deck in compliance with the requirements of the Zoning Ordi- nance. 2. Due to the peculiarity of the site and the location of the door leading to the deck it could not be constructed without violation of the Ordinance . 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 and/or building for which a variance is sought, which circum- stances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/or conditions are as follows : 1 . That due to the irregu- lar shape of the rear pro- perty line and the location of the kitchen door if the deck was erected to comply with the Zoning it would effect the use of the kit- chen door for ingress and egress . 2 . That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-34 Subsection B (3) "Con- struction Requirements for an R-7.5 One Family Residen- tial District" would deprive the applicant of the reason- able use of the land and/ or building and that the variance as granted by this Board is a minimal adjust- ment that will accomplish this purpose. 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 89-34 B (3) "Construction Requirements for an R-7.5 One Family Residential District" be varied and modified so as to permit an existing wood deck having a rear yard of 22 ft. on the pre- mises located at 88 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117 Parcel 177 in strict conformance with plans filed with this application provided that the applicant complies in all other respects with the Zon- ing 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 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 9:45 P .M. ita A. Johnso , Secretary to-,a g