HomeMy WebLinkAbout1987_10_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE
ZONING BOARD OF THE TOWN OF MAMARONECK
OCTOBER 27, 1987, IN THE SENIOR CENTER, TOWN OFFICES
740 WEST BOSTON POST ROAD
MAMARONECK, NEW YORK
CALL TO ORDER
The meeting was called to order by Chairwoman Price at
8:20 P.M.
ROLL CALL
Present: Elaine Price, Chairwoman
Thomas E. Gunther
J. Rene Simon
Arthur Wexler
Absent: Patrick B. Kelleher
Also present William E. Jakubowski, Town Building Inspector
Joseph Jacoby, Public Stenographer
J & L Reporting Service
180 East Post Road
White Plains, New York
Bonnie M. Burdick, Recording Secretary
APPLICATION NO. 1 - CASE 799
The Recording Secretary read the application as follows:
Application of Dr. and Mrs. Philip Heinegg requesting a variance from
Article IV Section 89-20 C-(4) and Article XI Section 89-66A to reduce
to three (3) the number of off-street parking spaces for a proposed
professional office as a permitted accessory use (5 spaces required)
and from Article XI Saction 89-67B to allow unenclosed off-street
parking within 25 feet of the front lot line; and further requesting a
variance from Article VI Section 89-34 B - (2) (a) to reduce the side
yard from 10 feet required to 5.5 feet to permit an existing rear deck
in an R-7.5 Zone District to remain on the premises located at 59 Harrison
Drive and known on the Tax Assessment Map of the Town of Mamaroneck as
Block 501 Parcel 305.
Edmund Purves,Attorney, and Dr. Heinegg appeared in support of Dr.
Heinegg's application. Dr. Heinegg stated that should his practice
increase he would move his office out of his house. When Dr. Heinegg
submitted drawings, he demonstrated that making space for more than
three cars would necessitate the removal of two large juniper bushes
and would change the residential character of the neighborhood.
October 27, 1987
Douglas and Patricia Fais of 35 Harrison Drive and Al Perone of
36 Harrison Drive complained about the parking situation on the
street. They were advised by the Board that their complaint
did not apply to the current application and that this matter
should be taken up by the Traffic Commission.
Dr. Heinegg explained that the deck had been built by a former
owner without a building permit.
Because Dr. Heinegg is a friend of Dr. Price, Mrs. Price abstained
from the discussion and the decision. The rest of the Board
found no objection in approving the variance.
On motion by Mr. Simon, seconded by Mr. Gunther, it was unanimously
RESOLVED, that this is a Type II Action which has no
significant impact on the environment therefore requiring
no further action under State or local SEQR law.
Thereafter, on motion by Mr. Wexler, seconded by Mr. Gunther,
the following resolution was adopted unanimously:
WHEREAS, Dr. and Mrs. Philip Heinegg submitted an
application to the Building Inspector, together with
plans to reduce to three (3) the number of off-street
parking spaces for a proposed professional office, to
allow unenclosed off-street parking within 25 feet of
the front lot line,and to allow the structure, namely
011Ir 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 IV
Section 89-20 C - (4) , Article XI Section 89-66A,
Article XI Section 89-67 B, and Article VI Section
89-34 B (2) (a) on the premises located at 59 Harrison
Drive and known on the Tax Assessment Map of the Town
of Mamaroneck as Block 501 Parcel 305; and
WHEREAS, the Heineggs submitted an application for a
variance to this Board on the grounds of practical
difficulty and/or unneccessary hardship for the
following reasons:
1. Dr. Heinegg has a small practice. Should it
increase in size, he would move his office
out of his house.
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October 27, 1987
{ 2. Providing the five spaces required by the Ordinance
• ® would involve moving large juniper bushes and
would detract from the residential appearance
of the neighborhood.
• 3. The deck adds more liveable space to a small
house.
4. The deck increases the property value.
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 thie application 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 applicant subsequent
to the date of the Zoning Regulations appealed from.
B. That the said circumstances and/or conditions are
1110 as follows:
1. That said circumstances or conditions are such
that the particular application of the Zoning
Ordinance with respect to Article IV
Section 89-20 C (4) , Article XI Section 89-66A,
Article XI Section 89-67 B and Article VI
Section 89-34 B (2) (a) 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 IV Section 89-20 C (4) , Article XI Section 89-66 A,
Article XI Section 89-67 B and Article VI Section 89-34 B
(2) (a) be varied and modified so as to allow three off-
street parking spaces for a proposed professional office
I.
and an existing deck as it presently exists on the premises
located at 59 Harrison Drive and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 501 Parcel 305 in strict
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October 27, 1987
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;
and it is
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 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 be it
FURTHER RESOLVED, that this decision be filed with the Town Clerk
as provided in Section 267 of the Town Law.
*****
APPLICATION NO. 2 - CASE 808
The Recording Secretary read the application as follows:
Application of Mr. and Mrs. G. Gibson requesting a variance from
Article VI Section 89-33 B (2) (b) to reduce the total side yard
from 25.0' required to 23'4" in an R-10 Zone District for the
proposed construction of a rear deck on the premises located at
60 Fernwood Road and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 218 Parcel 447.
The Gibsons appeared in support of their application. They presented
favorable letters from two sets of neighbors: B.B. Grey of 68
Fernwood Road and Chris and Barbara Wentz of 54 Fernwood Road. The
Gibsons plan to build a trellis and to plant trees to screen the deck
from their neighbors.
The Board found no objection to approving the variance.
On motion by Mrs. Price, seconded by Mr. Simon, it was unanimously
RESOLVED, that this is a Type II Action which has
no significant impact on the environment as
determined by New York State Department of
Environmental Conservation or corresponding
local law, therefore requiring no further action under
SEQR.
Thereafter, on motion by Mr. Gunther, seconded by Mr. Simon, the following
resolution was adopted unanimously:
WHEREAS, Mr. and Mrs. G. Gibson submitted an application to
the Building Inspector, together with plans to allow the
structure, namely a deck, to remain as it presently exists;
and
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October 27, 1987
WHEREAS, the Building Ispector 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 89-33B-
• (2) (b) on the premises located at 60 Fernwood Road and
known on the Tax Assessment Map of the Town of Mamaroneck
as Block 218 Parcel 447; and
WHEREAS, the Gibsons 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 deck adds more liveable space to a small house.
2. The deck increases the property value.
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:
r 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 applicant subsequent to the date
of the Zoning Regulations appealed from.
B. That the 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 Article VI Section 89-33B
(2) (b) 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
-5-
October 27, 1987
FURTHER RESOLVED, that a variance is hereby granted and
that Article 89-39 B (2) (b) be varied and modified so as
to remain an existing deck as it presently exists on the
premises located at 60 Fernwood Road and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 218
Parcel 447 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; and it is
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
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 teh date of said permit;
and be it
FURTHER RESOLVED, that this decision be filed with the Town
Clerk as provided in Section 267 of the Town Law.
*****
APPLICATION NO. 3 - CASE 809
The Recording Secretary read the application as follows:
Application of Robert and Patricia Thomma requesting a variance from
Article VI Section 89-34 B (3) to reduce the rear yard from 25.0 feet
required to 20.43 feet in an R-7.5 zone district to permit an existing
deck to remain on the premises located at 1122 Palmer Avenue and
known on the Tax Assessment Map of the Town of Mamaroneck as Block 406
Parcel 319.
Mr and Mrs. Thomma appeared with Dominick Ruggiero, Architect. The deck
had been built about six years ago. At the time, the Thommas had left
the details to their builder. Now, the Tommas are applying for a
Home Equity loan and need a Certificate of Occupancy.
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 which has no
significant impact on the environment as determined by New
York State Department of Environmental Conservation or
corresponding local law, therefore requiring no further
action under SEQR.
Thereafter, on motion by Mr. Simon, seconded by Mr. Wexler, the following
resolution was adopted unanimously:
-6-
October 27, 1987
[41°.
WHEREAS, Mr. and Mrs. Robert Thomma 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 - 34 B (3)
on the premises located at 1122 Palmer Avenue and known on
the Tax Assessment Map of the Town of Mamaroneck as Block 406
Parcel 319; and
WHEREAS, the Thommas submitted an application for a variance
to this Board on the grounds of practical difficulty and/or
unnecessary hardship for the following reasons:
1. They understood that their builder had followed
the Zoning Ordinance.
2. They need a Certificate of Occupancy in order
to obtain a Home Equity loan.
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 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. That said circumstances or conditions are
such that the particular application of the
Zoning Ordinance with respect to Article VI
Section 89-34 B (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.
-7-
October 27, 1987
3. That the granting of the variance is in harmony
with thegeneral 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 89-34 B (3) be varied and modified so as
to allow to remain an existing deck as it presently exists on
the premises located at 1122 Palmer Avenue and known on the
Tax Assessment Map of the Town of Mamaroneck as Block 406
Parcel 319 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; and it is
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 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 be it
FURTHER RESOLVED, that this decision be filed with the Town
Clerk as provided in Section 267 of the Town Law.
*****
APPLICATION NO. 4 - CASE 810
The Recording Secretary read the application as follows:
Application of Mr. Edward P. Helwig requesting a variance from Article VIII
Section 89-44 D to permit erection of a 6-foot high stockade fence
(4 feet maximum height permitted) for a distance of 20 feet on the
premises located at 1 Seton Road and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 116 Parcel 226.
Mr. Helwig appeared with Gladys Serena, Architect, in support of his
application. He stated that he wanted to change a portion of the fence
surrounding his backyard because the neighbors behind his house have
constructed a deck. Not only does said deck overlook the Helwig's
terrace and provide a view into several rooms in their house,but also
the neighbor's yard is messy at this point with logs and concrete blocks.
Mr. Helwig also said that the slope of the neighbor's yard made the
fence appear to be four feet high.
Mr. Helwig submitted favorable letters from his immediate neighbors:
Mr. and Mrs. Bizily of 6 W ldwood, Mr. and Mrs. O'Brien of 169
Rockingstone and Mr. Needleman of 173 ockingstone.
-8-
October 27, 1987
4111, With Mr. Simon abstaining, the rest of the Board found no objection
to approving this variance.
On motion by Mrs. Price, seconded by Mr. Gunther, it was unanimously
RESOLVED, that this is a Type II Action which has no significant
impact on the environment as determined by New York State
Department of Environmental Conservation or corrdsponding local
law, therefore requiring no further action under SEQR.
Thereafter, on motion by Mr. Wexler, seconded by Mr. Gunther, the
following resolution was adopted unanimously:
WHEREAS, Mr. Edward P. Helwig submitted an application to the
Building Inspector together with plans, to allow the erection
of a six-foot fence; 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 89-44 D which would exceed the four
feet height allowance at the premises located at 1 Seton Road
and known on the Tax Assessment Map of the Town of Mamaroneck
as Block 116 Parcel 226; and
WHEREAS, Mr. Helwig has submitted an application for a variance
to this Board on the grounds of practical difficulty and/or
unnecessary hardship for the following reasons:
1. His neighbors have a deck overlooking the Helwig's
yard and into their kitchen.
2. The neighbors store wood and concrete blocks in the
area where the fence would be built.
3. The slope of the neighbor's yard causes the proposed
fence to seem to be four feet high.
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:
-9-
October 27, 1987
‘s, 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 applicant subsequent to the date
of the Zoning Regulations appealed from.
B. That the 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 Article VIII Section
89-44 D, would deprive the applicant of the
reasonable use of the land and/or building and
that the variance granted by this Board is a
minimal adjustment that will accomplish this
purpose.
2. That the proposed application 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 89-44 D be varied and modified so as
to allow the erection of a six-foot fence on the premises
located at 1 Seton Road and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 116 Parcel 226 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
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. And the building permit shall be void if
construction is not started within one year and completed
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 276 of the Town Law.
*****
mew
-10-
October 27, 1987
APPLICATION NO. 5 - CASE 812
The Recording Secretary read the application as follows:
Application of Mr. and Mrs. Richard Young requesting a variance
from Article VI Section 89-32 B (1) to reduce the front yard from
40 feet required to 26 feet for the proposed construction an
addition; and further requesting a variance from Article VI Section
89-32 B (1) to reduce the front yard from 40 feet required to 24.20 feet
in an R-15 Zone District to permit an existing enclosed porch to remain
on the premises located at 12 Bonnie Briar Lane and known on the
Tax Assessment Map of the Town of Mamaroneck as Block 222 Parcel 105.
Mr. and Mrs. Young appeared in support of their application. They stated
that a variance is necessary as their house has two front yards. Their
current kitchen is cramped; the application is for an eat-in
kitchen. The current porch has no Certificate of Occupancy, and there is
no detailed survey for the house.
The Board found no objection in approving this application.
On motion of Mrs. Price, seconded by Mr. Simon, it was unanimously
RESOLVED,that this is a Type II Action which has no significant
impact on the environment as determined by New York State
Department of Environmental Conservation or corresponding
local law, therefore requiring no further action under SEQR.
Thereafter, on motion by Mrs. Price, seconded by Mr. Gunther, the Board
adopted unanimously the following resolution:
WHEREAS, Mr. and Mrs. Richard Yound submitted an application to
the Building Inspector, together with plans to allow the
construction of an addition which would reduce the front
yard to 26 feet and to allow the structure, namely an
enclosed porch, 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 89-32 B (1) on the
premises located at 12 Bonnie Briar Lane and known on the
Tax Assessment Map of the Town of Mamaroneck as Block 222
Parcel 105; and
WHEREAS, the Youngs submitted an application for a variance to
this Board on the grounds of practical difficulty and/or
unnecessary hardship for the following reasons:
411111,
-11-
October 27, 1987
1. Their current kitchen is too small for the size
of their family.
2. The property is zoned with two front yards.
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 appliction 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 applicant subsequent
to the date of the Zoning Regulations appealed from.
B. That the said circumstances and/or conditions are as
follows:
1. That said circumstances or conditions are such
that the particular application of the
1111110, Zoning Ordinance with respect to Article VI
Section 89-32 B (1) would deprive the
applicant of the reasonable use of the land
and/or building and that 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 89-32 B (1) be varied and modified
so as to allow the erection of an addition and to allow to
remain an existing enclosed porch on the premises located
at 12 Bonnie Briar Lane and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 222 Parcel 105 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
-12-
r
October L/, I9 /
FURTHER RESOLVED, that in accordance with the rules and
1111, 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 one year and
completed within two years of the date of said permit;
and it is
FURHTER RESOLVED, that this decision be filed with the
Town Clerk as provided in Section 267 of the Town Law,
*****
APPLICATION NO. 6 - CASE 813
The Recording Secretary read the application as follows:
Application of Janet Nowakowski requesting variances from Article VI
Section 89-30 (A) & (B) and Article III Section 89-14 of the
Zoning Ordinance to reduce required lot size from 30,000 square
feet required to 8,500 square feet; reduce lot width from 125 feet
required to 85 feet; reduce lot depth from 150 feet required to
100 feet; reduce front yard setback from 50 feet required to
30 feet; reduce side yards from 20 feet required tp 10.0 feet
and 16'4" respectively, and total side yards from 50 feet required
to 26 feet, 4 inches; reduce the rear yard setback from 50 feet
required to 28 feet; and a variance from the requirement that
the lot have 125 feet frontage on a street as defined in Section
280 - a of the Town Law for the proposed construction of a one
family dwelling. The above variances were previously granted
in 1983 but have expired. Parcel is located in an R-30 District
at 5 Hommocks Road and known on the Tax Assessment Map of the
Town of Mamaroneck as Block 412 Parcel 347.
Francis Turner, Architect, appeared on behalf of Ms. Nowakowski.
He explained that the land had been rezoned after a minor
variance had been granted in 1983. He showed plans that used
a great deal of the lot. Such use is necessary in order to be
esthetically pleasing and economically feasible.
The Board felt that the original variance had been "grandfathered"
before the zoning change and found no objection in approving the
variance.
-13-
October 27, 1987
1111W On motion by Mrs. Price, seconded by Mr. Gunther, it was unanimously
RESOLVED, that this is a Type II Action which has no
significant impact on the environment as determined by
New York State Department of Environmental Conservation
or corresponding local law, therefore requiring no
further action under SEQR.
Thereafter, on motion by Mr. Gunther, seconded by Mrs. Simon, the
following resolution was adopted unanimously:
WHEREAS, Janet Nowakowski submitted an application to the
Building Inspector, together with plans to allow the con-
struction of a house on a 8500 square foot lot, with a lot
width of 85' , with a lot depth of 100' , with a front yard
setback of 30' , with side yards of 10.0' and 16.4' respec-
tively and toatl side yards of 26.4, with a rear yard setback
of 28' and less than 125 frontage on the street; 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 89-30 (A)
and (B) and Article III Section 89-14. Plans submitted
also failed to comply with the Laws of the Town of
itar Mamaroneck with particular reference to Section 280-a on the
premises located at 5 Hommocks Road and known on the Tax
Assessment Map of the Town of Mamaroneck as Block 412
Parcel 347; and
WHEREAS, Ms. Nowakowski submitted an application for a
variance to this Board on the grounds of practical difficulty
and/or unnecessary hardship for the following reasons:
1. Plans had been previously granted in 1983 when
zoning for the street had been R-7.5 rather
than 44-30.
2. An economically feasible, esthetically pleasing
house requires the use of more land than the
zoning allows.
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,
4411,
-14-
• NOW, THEREFORE, BE IT October 27, 1987
1.11
RESOLVED, that this Board hereby grants the application 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 applicant subsequent to the
date of the Zoning Regulations appealed from.
B. That the 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 Article VI Section
89-30 (A) and (B) and Article III Section
89-14 and Town Law with respect to Section
280 - a 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 use of the land is a moderate
request.
3. That the granting of the variance is in harmony
with the general purpose 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 89-30 (A) and (B) and Article III Section
89-14 of the Zoning Ordinance and Section 280 - a of the
Town Law be varied and modified so as to allow the construction
of a house on the premises located at 5 Hommocks Road and
known on the Tax Assessment Map of the Town of Mamaroneck
as Block 412 Parcel 347 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
FURTHER RESOLVED, that in accordance with the rules and
regulations of Zoning Ordinance, when a variance is granted,
the applicant shall obtian a building permit within six months
11 -15-
October 27, 1987
of the filing of this Resolution with the Town Clerk.
111111r And the building permit shall be void if construction
is not started within one year and completed 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. 7 - CASE 814
The Recording Secretary read the application as follows:
Application of Howard Ives requesting a variance from Article VI
Section 89-33 B (2) (a) to reduce the side yard from 10 feet
required to 7 feet 4 inches in an R-10 Zone District to permit
an existing deck to remain on the premises located at 25 Briarcliff
Road and known on the Tax Assessment Map of the Town of Mamaroneck
as Block 220 Parcel 23.
Mr. Ives appeared in support of his application. The deck was built
about 2 years ago. Mr. Ives did not know that a building permit was
required. Currently Mr. Ives is refinancing his mortgage and needs
a Certificate of Occupancy. He submitted a favorable letter from
Cynthia L. Rocchio of 29 Briarcliff Road.
The Board found no objection to approving this application.
On motion by Mrs. Price, seconded by Mr. Gunther, it was unanimously
RESOLVED, .that this is a Type II Action which has no
significant impact on the environment as determined by
New York State Department of Environmental Conservation
or corresponding local law, therefore requiring no further
action under SEQR.
Thereafter, on motion by Mr. Simon, seconded by Mr. Gunther, the
following resolution was adopted unanimously:
WHEREAS, Howard Ives 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
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October 27, 1987
with particular reference to Article VI Section 89-33B (2)(a)
on the premises located at 25 Briarcliff Road and known on
the Tax Assessment Map of the Town of Mamaroneck as Block 220
Parcel 23; and
WHEREAS, Mr. Ives submitted an application for a variance to
this Board on the grounds of practical difficulty and/or
unnecessary hardship for the following reasons:
1. He understood that his builder had followed the
Zoning Ordinance.
2. He needs a Certificate of Occupancy in order'.to
refinance his mortgage.
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 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. That said circumstances or conditions are such
that the particular application of the Zoning
Ordinance with respect to Article VI Section
89-33 (2) (a) 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
r
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October 2/, 19S/
FURTHER RESOLVED, that a variance is hereby granted and that
Article VI Section 89-33 B (2) (a) be varied and modified so
as to allow to remain an existing deck as it presently exists
on the premises located at 25 Briarcliff Road and known on
the Tax Assessment Map of the Town of Mamaroneck as Block 220
Parcel 23 in strict conformance in all other respects 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
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 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 be it
FURTHER RESOLVED, that this decision be filed with the Town Clerk
as provided in Section 267 of the Town Law.
NEXT MEETING
The next meeting of the Zoning Board was set for Tuesday, November 24, 1987.
ADJOURNMENT
The meeting was adjourned at 11:05 P.M.
Bonnie M. Burdick
Recording Secretary
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