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HomeMy WebLinkAbout1981_09_30 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD SEPTEMBER 30, 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. Egbert R. Hardesty Mr. Laurence G. Bodkin, Jr. Mr. Peter G. Moore Mr. Stephen K. Carr APPROVAL OF MINUTES The minutes of the meeting of August 25, 1981 were pre- sented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. Mr. Boraczek asked if the Attorney for the third appli- cation which was the application of Garfield Housing Corp . was present and waited for Mr. Forbes, the Attorney to appear. The Chairman stated that since the Planning Board had not voted on the subdivision and no report had been received from the Fire Department, the Traffic Depart- ment and the County of Westchester he found it impossible to properly and judiously hear the application at this time. Mr. Boraczek asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 575 Application of Mr. Michael J. Harrington for modification of Article VI Section 89-35 A (2) "Construction Require- ments for an R-6 One Family Residence District" which requires a minimum lot width and street line frontage of 60 ft. to permit the construction of a one family resi- dence on a proposed lot subdivision creating a building lot having a lot width and street line frontage of 50 ft. on the premises located at 36 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Part of Parcel 253 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mr. Forbes, represented the applicant and said that they had been before the Board at the last meeting and knows that the Town Attorney had directed the Zoning Board to pass on the application before they go back to the Planning Board. Mr. Forbes said Mr. Harrington 's practical difficulty was based upon the fact that if he had to have the required width it would be necessary to move his driveway. Mr. Forbes , also, said that if the variance was not granted Mr. Harrington could establish a lot that would comply in all respects by moving the front property line over and that most of the houses in the neighborhood are on small lots with some appearing to have only a 50 ft. frontage. Mr. Forbes further said that the granting of the variance will not change the character of the neighborhood in any way and Mr. Harrington had owned the property for over 35 years . In conclusion Mr. Forbes said that Mr. Harring- ton has a buyer for the lot and if the variance is not granted it could possibly affect the price of the build- ing site and the applicant's hardship was self-imposed. Mr. Jerry Harrington of 222 Larchmont Avenue who is the applicant's son said he was in favor of the application . Mr. Jeff Meighan, an Attorney, who lives at 25 Mayhew Avenue, Larchmont, represented Mr. and Mrs . Shiels, who reside at 40 Colonial Avenue. Mr. Meighan said he had read Mr. Forbes presentation and agreed with his comments as to practical difficulty. Mr. Meighan said that the lot line already interferes with the driveway and Mr. and Mrs. Shiels had checked the frontage of the lots on the even side of Colonial Avenue and the average front- age was 86 .41 ft. and on the odd number side it averages 70.64 ft. Dr. Robert Melnick of 2 Colonial Lane said that he had examined the plans and in his opinion the houses between the property in question and Colonial Lane all have a 60 ft. frontage. Dr. Melnick further said that the pro- posed house would have a 10 ft. frontage less than the other houses in the area and he does not want to see another violation created. Mr. and Mrs. Herzog of 4 Colonial Lane, Mrs . Melnick, Mrs . Stockman of 1 Colonial Lane and Mrs . Warner of 30 Homer Avenue all agreed with Dr. Melnick and opposed the application. Mr. Shiels pointed out to the Board that when he had pur- chased his home in 1974 the cost was far greater then what Mr. Harrington had paid when he purchased his property and when he wants to sell his house he will have a hard time. Mr. Shiels, also, said that the proposed house will be high and Mr. Harrington has operated a business from his home for a long time. Mr. Shiels further said that most people when they cannot keep up with the cost of living sell their homes. Mrs . Shiels says she concurs with her husband. Mr. Sidney Unger of 42 Colonial Avenue said he felt the new house would be a drain on the already strained muni - cipal services and Mr. Forbes said he did not think that was a Zoning matter. Mrs . Herzog said she felt aesthetically a two story build- ing would be very unattractive and the Board pointed out that the only issue before the Board was the frontage. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Nay Commissioner Bodkin - Nay Commissioner Moore - Aye Commissioner Carr - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. Michael J. Harrington has submit- ted an application to the Building Inspector to allow the construction of a one family resi- dence on a proposed lot subdivision creating a building lot having a lot width and street frontage of 50 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 Sec- tion 89-35 A (2) "Construction Requirements for an R-6 One Family Residence District" which re- quires a minimum lot width and street line front- age of 60 ft. on the premises located at 36 Colo- nial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Part of Parcel 253; and WHEREAS, Mr. Michael J. Harrington has submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . Proposed frontage necessary to avoid use of existing driveway. 2. The granting of the variance would not be injurious to public welfare and would have no adverse effect on the neighborhood. WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the appli- cation on the following grounds : (a) That there are special circum- stances and conditions applying to the land 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 lot conforms in all other respects except for street line frontage and lot width . 2. It would be a hardship for the applicant to move his present driveway. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-35 A (2) "Construction Requirements 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 the minimal adjustment that will accom- plish this purpose. 4. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-35 A (2) "Construction Requirements for an R-6 One Family Residence District" be varied and modi- fied so as to permit the construction of a one family residence on a proposed lot subdivi- sion creating a building lot having a lot width and street line frontage of 50 ft. on the pre- mises located at 36 Colonial Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 120 Part of Parcel 253 in strict conformance with the plans filed with this application provided that the applicant com- plies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed within two years of the date of said permit. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 2 - CASE 577 Application of Mr. and Mrs . Cristina Ossa for modifica- tion of Article VI Section 89-33 Subsection B (3) "Con- struction Requirements for an R-10 One Family Residence District" which requires a minimum rear yard of 25 ft. to allow a one story addition at the westerly side of the dwelling creating a rear yard of 20 ft. more or less on the premises located at 743 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Parcel 371 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. James Miller, who is the Architect for the applicant appeared before the Board and said that they had given a lot of study to the plan. Mr. Miller said they felt that the plan they had decided on was the most realistic and it is a small house. Mr. Ossa said that he has three growing children and needs the fourth bedroom. Mr. Hardesty questioned as to whether it would be prac- tical to put the addition in the front. Mr. Boraczek read a note from Mrs . Wilson of 740 Forest Avenue protesting the application and another note was received but was not read because of the lack of a signa- ture. After further discussion the Board decided to vote on c 2cb the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye Commissioner Carr - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. Cristina Ossa have sub- mitted an application to the Building Inspec- tor to allow the construction of a one story addition at the westerly side of the dwelling having a rear yard of 20 ft. more or less, to- gether 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 743 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Parcel 371 ; and WHEREAS, Mr. and Mrs . Cristina Ossa 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 . Applicant has three children plus themselves and frequent guests since he is an employee of the U.N. 2. The house with three small bedrooms is in need of an additional bedroom. 3. The only logical extension is to go to the rear yard since to go through an existing bedroom to get to a new bedroom is illegal and not feasible. 4. A second floor bedroom could be done only at much greater financial commitment. WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the appli- cation on the following grounds : (a) That there are special circum- stances and conditions applying to the land 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 location is the only feasible place for the addition . 2. The proposed addition will add an extra bedroom that the applicant needs for his family. 3. 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. 4. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 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 one story addition at the westerly side of the dwelling creating a rear yard of 20 ft. more or less on the premises located at 743 Forest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 220 Parcel 371 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. 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. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:20 P.M. Ct . Rita A. Johns Secretary ``� (Vold