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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. -2- 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 -3- 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 -4- 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 - 16- 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 -17- 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 -18-