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HomeMy WebLinkAbout1981_10_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD OCTOBER 28, 1981 , IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. A. William Boraczek, Chairman Mr. Peter G. Moore Mr. Stephen K. Carr Absent: Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of September 30, 1981 were presented 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 advised the applicants that since only three members were present their application would have to have an unanimous vote and they had the privilege of postpon- ing their application to another hearing without preju- dice. The Chairman read a letter from Mr. Forbes, the Attorney for the first application . In his letter Mr. Forbes re- quested that since he had been advised only three mem- bers would be present that the application of Garfield Housing Corp. be postponed to the next regular meeting. Mr. Boraczek asked the Secretary to read the second ap- plication . APPLICATION NO. 2 - CASE 579 Application of Mr. A. Cusumano for modification of Arti- cle VI Section 89-33 Subsection B (3) "Construction Re- quirements for an R-10 One Family Residence District" which requires a minimum rear yard of 25 ft. to allow the construction of a greenhouse creating a rear yard of 20 ft. more or less on the premises located at 48 Stoney- side Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Parcel 495 on the grounds of practical difficilty and/or unnecessary hardship. a-q Mr. and Mrs. Cusumano appeared before the Board and said they wanted to put in a passive solar greenhouse in their rear yard. The proposed greenhouse is to be erected in the same place as the existing terrace and the proposed structure will serve not only as a greenhouse but also a dining area since the present kitchen is not an "eat in" . Mr. Cusumano said that since the house is old the heat distribution is very poor at present and the structure as proposed will add heat to the upper floor. The applicants said that their closest neiglboris about 100 ft. away. Mr. Moore questioned as to whether they would have to take down any trees and the applicant pointed out that the trees were on their neighbor's property and they had some shrubs which might have to be removed. The Board, also, questioned as to whether there was any connection between the greenhouse and the second floor and the applicant said there wasn 't but he intended to use fans to direct the heat up to the second floor. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Boraczek - Aye Commissioner Moore - Aye Commissioner Carr - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. A. Cusumano has submitted an ap- plication to the Building Inspector to allow the construction of a greenhouse creating a rear yard of 20 ft. more or less, 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 89-33 Subsection B (3) "Construction Requirements for an R-10 One Family Residence District" which requires a minimum rear yard of 25 ft. on the premises located at 48 Stoney- side Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Parcel 495; and WHEREAS, Mr. A. Cusumano has submitted an ap- plication to this Board for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons: 1 . The sunspace will extend out as far as the existing garage. 2. The sunspace will add heat to the upper floor thru its approved passive �a9v � solar feature which is essential as the heat distribution is very poor at present. 3. The sunspace will also serve as a breakfast area since the kitchen is not "eat in". 4. The closest neighbor in rear is over 80 ft. away. 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 application on the following grounds: (a) That there are special circum- stances and conditions applying to the land for which a variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows: 1 . The proposed addition will help heat the house as well as add an extra room for a breakfast area . 2. That said circumstances and/or conditions are such that the particular appli- cation of the Ordinance with respect to Article VI Sec- tion 89-33 Subsection B (3) "Construction Requirements for an R-10 One Family Resi- dence District" would deprive the applicant of the reason- able use of the land and/or building and that the vari- ance as granted by this Board is a minimal adjustment 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 grantedand that Article VI Section 89-33 Sub- section B (3) "Construction Requirements for an R-10 One Family Residence District" be varied and modified so as to allow the construction of a greenhouse creating a rear yard of 20 ft. more or less on the premises located at 48 Stoneyside Drive and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 213 Parcel 495 in strict conformance with plans filed with this application provided that the applicant complies in all other respects with the 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. APPLICATION NO. 3 - CASE 580 Application of Mr. and Mrs. Albert Porcelli for modifi- cation of Article VI Section 89-36 Subsection B (1 ) "Con- struction Requirements for an R-2F Two Family Residence District" which requires that on a corner lot a front yard setback of 30 ft. be provided from both streets to allow the construction of a one story addition having a front setback of 24 ft. from Blossom Terrace on the premises located at 1045 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Parcel 1 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. Vic Ferretti , who is the applicant's contractor, rep- resented Mr. and Mrs . Porcelli and said that the appli- cants wanted a powder room on the first floor since they were both getting old and it was difficult to climb the stairs. Mr. Ferretti said the Porcellis had no other "facility" on the first floor. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Boraczek - Aye Commissioner Moore - Aye Commissioner Carr - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs . Albert Porcelli have sub- mitted an application to the Building Inspector to allow the construction of a one story addi- tion having a front setback of 24 ft. from Blos- som Terrace together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article VI Sec- tion 89-36 Subsection B (1 ) "Construction Require- ments for an R-2F Two Family Residence District" which requires a front setback of 30 ft. on a corner lot from both streets on the premises located at 1045 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Parcel 1 ; and WHEREAS, Mr. and Mrs . Albert Porcelli have sub- mitted an application to this Board for a vari- ance on the ground of practical difficulty and/ or unnecessary hardship for the following reasons: 1 . Due to the age of the applicants (70+) the powder room on the first floor will eliminate the constant climb- ing of the stairs to the second floor bathroom. WHEREAS, this Board has examined the plans, reviewed the application and has heard all per- sons interested in this application after pub- lication 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 circum- stances and conditions applying to the land for which a variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/or conditions are as follows: l 1 . That the proposed ad- dition will not be any closer to the street pro- perty line than the pre- sent structure . 2. The proposed addition will add an extra bathroom which they do not have at present on the first floor and will eliminate the need for the applicants to climb the stairs . 3. That said circumstances and/or conditions are such that the particular appli- cation of the Ordinance with respect to Article VI Section 89-36 Subsec- tion B (1 ) "Construction Requirements for an R-2F Two Family Residence Dis- trict" 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 minimum adjustment that will ac- complish 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 otherwise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-36 Sub- section B (1 ) "Construction Requirements for an R-2F Two Family Residence District" be varied and modified so as to allow the construction of a one story addition having a front setback of 24 ft. from Blossom Terrace on the premises located at 1045 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 403 Parcel 1 in strict conform- ance 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 Board 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 construc- tion is not started within six months and com- pleted 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. Before the Secretary read the next application the repre- sentative for Application No. 5 - Case 582 (Mr. and Mrs. S. Goodman) asked if their application could be postponed to the next meeting. After the Chairman advised the ap- plicants that their application could be adjourned to the next meeting he asked the Secretary to read the next application. APPLICATION NO. 4 - CASE 581 Application of Mr. and Mrs. John Burke for modification of Article VI Section 89-35 Subsection B (2) (a) and (3) "Construction Requirements for an R-6 One Family Residence District" which requires a minimum side yard of 8 ft. and a minimum rear yard of 25 ft. to allow the construc- tion of a one story addition at the rear of the dwelling maintaining an existing side yard of 7.80 ft. and creat- ing a rear yard of 14 ft. on the premises located at 20 Alden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 658 on the grounds of practical difficulty and/or unnecessary hardship. Mr. and Mrs . Burke appeared before the Board and said they were a family of 5 and they need more room not only for themselves but also for storage. They said at pre- sent their dining area is very small . The Board asked the applicants if they used their garage and they said they couldn 't because it was too small . Mr. Burke said at present there is a car back there which he is in the process of selling. Mr. Paonessa said that the house had a very small amount of living space and it was pointed out that most of the lots in the area are very small . Mrs. Doris Friedland of 11 Harmony Drive said she objected to the application even though she understands Mr. and Mrs . Burke 's problem. Mrs. Friedland said the Burkes will have no yard left and the addition would add more traffic. Mr. Boraczek explained that the addition would not change traffic. It was pointed out that the Burkes would not be able to use their garage. Mr. Steven Circelli of 9 Harmony Drive appeared before the Board against the application and had written a letter which he read and was given to the Secretary for the record. Mr. Circelli said they had purchased their home a year ago and it is directly behind the Burkes . Mr. Circelli stated that all the lots are small , the homes very close together and because of the steep incline which is 12 ft. higher than the street level even though his rear yard is 25 ft. it gives the feeling of being very much smaller. Mr. Circelli further said that there is a de- tached garage approximately 2 ft. from the Burkes rear property line which runs approximately 10 ft. along their common boundary. For this reason Mr. Circelli said the Burkes proposal to add an extension of 20 ft. long and 8 ft. wide would cause undue hardship for him and his wife. Given the above scenario Mr. Circelli said he felt certain that the Board could appreciate their concerns and objections as follows : 1 . The construction of the extension and reducing the Burkes rear yard to 14 ft. would violate his right to privacy because the addition would peer directly into the Circel1i 's bedroom, bathroom, kitchen and dining room areas. 2. The intrusion to their privacy would limit their ability to entertain on their patio area. 3. The construction plus the detached garage would pro- duce a "walled-in-effect" when viewed from below and the rear of Circel1i 's house. 4. It would also reduce the amount of light and sunshine on Circel1i 's property. 5. Mr. Circelli said they were also concerned from an engineering point of view since they felt the addition would place an additional stress on the land with the possibility of the land eroding and necessitating the construction of a retaining wall along their common boun- dary. 6. Mr. Circelli further said that they felt the addition would have an adverse effect on their property values . 7. Mr. Circelli stated that when they purchased their house a year ago they relied on the stability of the zon- ing laws and were relieved to learn that under the exist- ing zoning law no additional building could occur and since the variance would affect their lives directly they opposed any variance to the law. The letter was signed by Mr. and Mrs . Circelli , Mrs . Fried- land and Mr. Paul Sutter. The Board pointed out that they did not agree with Mr. Circelli as far as light and privacy because the topography of the land will not change what is there now. Mr. Bora- czek said that the addition would probably add to Burke 's property and thus help the property values in the area. The Chairman asked the Burkes that if the variance was granted if they would consider putting a hedge along the back property line and the applicants agreed . After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Moore - Aye Commissioner Carr - Aye The application was therefore approved with the condi- tion that the applicants plant a hedge along the back property line and the following Resolution was adopted: WHEREAS, Mr. and Mrs . John Burke have submitted an application to the Building Inspector to allow the construction of a one story addition at the rear of the dwelling maintaining an exist- ing side yard of 7.80 ft. and creating a rear yard of 14 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 89-36 Subsection B (2) (a) and (3) "Construction Requirements for an R-6 One Family Residence District" which requires a minimum side yard of 8 ft. and a minimum rear yard of 25 ft. on the premises located at 20 Alden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 658; and WHEREAS, Mr. and Mrs . John Burke 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 . Two adults and three children (2 adult size) living in a small house . 2. The kitchen and dining room are very limited and only one person can work in the kitchen plus when the fami- ly is sitting down the oven and the dishwasher can 't be opened. 3. The present cabinets and small refrigerator can hold only limited supplies. 4. Enlarging the dining room will ease furniture crowding in the living room. 5. The new door into the kitchen will help traffic flow. 6. The present size and layout of the living area is crowded and stress- producing. WHEREAS, this Board has examined the plans, reviewed the application and has heard all per- sons interested in this application after pub- lication 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 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 . The addition will pro- vide extra room in the kit- chen and dining room needed for the applicants growing family. 2 . That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-35 Subsection B (2) (a) and (3) "Construction Require- ments for an R-6 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board is a minimal adjustment that will accom- plish this purpose. 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 public welfare; and it is '3 FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-35 Sub- section B (2) (a) and (3) "Construction Require- ments be varied and modified so as to allow the construction of a one story addition at the rear of the dwelling maintaining an exist- ing side yard of 7.80 ft. and creating a rear yard of 14 ft. on the premises located at 20 Alden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 658 in strict conformance with plans filed with this application, subject to the following condition provided that the appli- cant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. That the applicant put in a hedge along the rear property line. 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 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 Secretary advised the members that the next regular meeting falls on Thanksgiving Eve and the Board decided that they would schedule the next meeting for December 2nd. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:45 P.M. ita A. Johns , Secretary