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HomeMy WebLinkAbout1987_11_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF THE TOWN OF MAMARONECK NOVEMBER 24, 1987, IN THE COURT ROOM, TOWN OFFICES 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK CALL TO ORDER The meeting was called to order by Chairwoman Price at 8:21 P.M. ROLL CALL Present: Elaine Price, Chairwoman Thomas E. Gunther Arthur Wexler Absent: Patrick B. Kelleher J. Rene Simon Also present:. Bonnie M. Burdick, Recording Secretary Edward M. Lieberman, Town Attorney NEXT MEETING: The date of the next regular meeting was set for Tuesday, December 22, 1987. APPLICATION NO. 1 - CASE 815 The Recording Secretary read the application as follows: Application of Mr. Peter O'Hara requesting a variance for a proposed bay window having a side yard of 6.24 feet where 8 feet is required for a projecting architectural feature pursuant to Article VIII Section 89-44 B of the Zoning Ordinance in an R-7.5 Zone District, on the premises located at 61 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 338. Rex Gedney, Architect, appeared with Mrs. O'Hara. They explained that the proposed bay window, which was really more of a greenhouse, would add more light to a dark kitchen. The depth of the window, 1 '6", is less than the 2' requirement for a projecting architectural feature. Mrs. O'Hara stated that the proposed kitchen window did not provide a view into her neighbor's kitchen as the two kitchen windows were not directly opposite each other. The neighbor, Tom Thompson, was at the hearing and spoke in favor of the O'Hara's application. `�IAr November 24, 1987 On motion by Mrs. Price, seconded by Mr. Wexler, it was unanimously 1111, RESOLVED, that this is a Type II action having no significant impact on the environment therefore requiring no further action under State or local SEQR. Thereafter, on motion by Mr. Gunther, seconded by Mr. Wexler, the following Resolution was unanimously adopted: WHEREAS, Peter O'Hara submitted an application to the Building Inspector, together with plans to allow-the construction of a bay window which would reduce the side yard to 6.24 feet; 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 VIII Section 89-44B on the premises located at 61 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 338; and WHEREAS, Mr. O'Hara submitted an application for a variance to the Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. The existing residence is closer to the property line than is currently allowed. The window which will 11111/ project 1 foot 6 inches, is less deep than the 2 feet normally allowed for a projecting architectural feature. 2. The existing kitchen is dark. 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/or conditions applying to the lnad 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: -2- November L4, 13M/ 1. That said circumstances or conditions are such that the particular application of the Zoning Ordinance with respect to Article VIII Section 89-44B would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board will accomplish this purpose. 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 VIII Section 89-44B be varied and modified so as to allow the erection of a bay window on the premises located at 61 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 338 in strict conformance with the plans filed with this application, provided that the applicant complies in all other respects with the Zoning Ordinance ‘1111Pr 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, when a variance is granted, the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within two years of the date of said permit; 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. 2 - CASE 816 The Recording Secretary read the application as follows: Application of Mr. William Ebert requesting variances to permit construction of a rear deck having a rear yard of 22 feet where 25 feet is required pursuant to Article VI Section 89-33 B(3) , and having a front yard of 11,.9 feet where 30 feet is required -3- i November 24, 1987 pursuant to Article VI Section 89-33 B (1) of the Zoning Ordinance in an R-10 Zone District, on the premises located at 72 Chester Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Parcel 71. Peter Davidson, Attorney, appeared with Mr. Ebert in support of • the application. They explained that as the house is on a corner lot what would seem to be a side yard is designated a rear yard. The deck, which was described to the Board as an eight-foot "step-down", gives access to the yard and was unintentionally illegally built in 1986. Mrs. Price read four letters favoring the application by contiguous neighbors. These letters will become part of the permanent record. The Board found no objection to approving the variance. On motion by Mrs. Price, seconded by Mr. Gunther, it was unanimously RESOLVED, that this is a Type II action having no significant impact on the environment and therefore requiring no further action under State or local SEQR. Thereafter, on motion by Mr. Wexler, seconded by Mr. Gunther, the following resolution was unanimously adopted. WHEREAS, William Ebert submitted an application to the Building Inspector, together with plans to allow the structure, namely a deck, .to remain as it presently exists; 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 89-33 B (1) and '(3) on the premises located at 72 Chester Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 504 Parcel 71; and WHEREAS, Mr. Ebert submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the following reasons: 1. The lot is a corner one which requires unusual setbacks. 2. The setback requirements have changed since the house was built. 3. Mr. Ebert relied upon the advice of his builder who may not have been aware of the Town of ``r Mamaroneck Zoning Ordinances. -4- November 24, 1987 4. Mr. Ebert wants egress from the house directly to 110 the side yard which he considers to be the only decent part of his lot. 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/or 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 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 4 40 Article VI. Section 39-33 B (1) and (3) would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board will accomplish this purpose. 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 89-33B (1) and (3) be varied and modified so as to allow to remain a deck on the premises located at 72 Chester Place and known on the Tax Assessment of the Town of Mamaroneck as Block 504 Parcel 71 in strict conformance with the 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 -5- r November 24, 1987 FURTHER RESOLVED, that in accordance with the rules and regulations of the Zoning Ordinance, when a variance is granted, the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within two years of the date of said permit; 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. 3 was held over until the December meeting. ADJOURNMENT The meeting was adjourned at 8:55 P.M. 60171.,"4:c_. / /. Bonnie M. Burdick Recording Secretary G 400 -6-