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HomeMy WebLinkAbout1982_08_25 Zoning Board of Appeals MinutesI MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD AUGUST 25 , 1982 , IN THE COURT HOUSE, 1201 PALMER AVENUE , TOWN OF MAMARONECK, 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. Peter D. Mosher Absent: Mr. Peter G. Moore Mr. Stephen K. Carr APPROVAL OF MINUTES The minutes of the meeting of July 28, 1982 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 explained to the applicants that because only three members were present their application would have to have an unanimous vote and they had the privilege of postponing their application to another hearing without prejudice. The first three applicants decided to have their applications heard and later in the meeting Mr. Mok decided to postpone his case to the September meet- ing. The Chairman asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 600 Application of Mrs. Edna Breakey Hoffmann for modifica- tion of Article VI Section 89-32 Subsection B (3) "Con- struction Requirements for a One Family R-15 Residence District" which requires a minimum rear yard of 25 ft. to permit an existing wood deck which was constructed having a rear yard of 18.84 ft. on the premises located at 7 Beresford Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 206 Parcel 379 on the grounds of practical difficulty and/or unnecessary hard- ship. Mr. Hunter Meighan, an Attorney of 100 Mamaroneck Avenue, Mamaroneck, New York, represented the applicant and said they were applying for a variance on the rear setback since the deck when it was constructed had a rear yard of 18.85 ft. Mr. Meighan said the deck has been in existence for many years and they had checked back with the previous owners (the Golds) who had resided there from 1971 to 1978 and they said it was there when they purchased the house. The Golds said they had never had any complaints from the neighbors or the Building Inspector and it was pointed out that the property is pretty well secluded. Mr. Meighan said Mrs. Hoffmann has a contract to sell if the variance is obtained and if she does not receive the variance the contract will become invalidated and she will suffer severe financial hardship. The Chairman read letters from three of the neighbors as follows : Mr. and Mrs. Charles Strauss of 4 Beresford Lane Mr. and Mrs. E. Perlin of 5 Beresford Lane Mrs. John W. Sharbough of 24 Avon Road All of the above neighbors said they approved of the ap- plication and have no objection to the deck. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mrs. Edna Breakey Hoffmann has submitted an application to the Building Inspector to permit an existing wood deck which was constructed having a rear yard of 18.84 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 89-32 Subsection B (3) "Construction Requirements for a One Family R-15 Residence District" which requires a minimum rear yard of 25 ft. on the premises located at 7 Beres- ford Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Bock 206 Parcel 379; and WHEREAS, Mrs. Edna Breakey Hoffmann has submitted an application to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . The deck has been in existence for many years and was on the premises when the previous owners purchased the property in 1971 . 2. During the time the previous owners resided there they had no complaints from the neighbors or the Building Inspector. 3. The deck is hidden from the neigh- bors in the rear because of trees and shrubbery and not too visible to the other neighbors . 4. The sun deck is high and is used in connection with the sun room and if the corner of the deck had to be cut off to comply with the Zoning it would be detrimental to the structure and the sun room would not be easily useable . 5. Applicant has executed a contract of sale and if the variance is not granted the contract will become in- validated and the sale will not take place. 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 has granted the ap- plication on the following grounds : 1 . The deck has been in existence for many years and was on the pre- mises when the applicant purchased the property. 2. The deck is hidden from the neigh- bors because of the shrubbery. 3. That said circumstances and con- ditions are such that the particular application of the Ordinance with respect to Article VI Section 89-32 Subsection B (3) "Construction Re- quirements for a One Family R-15 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 accomplish this purpose. 4. That the granting of the vari- ance 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 89-32 Sub- section B (3) "Construction Requirements for a One Family R-15 Residence District" be varied and modified so as to permit an existing wood deck which has been constructed having a rear yard of 18.84 ft. on the premises located at 7 Beresford Lane and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 206 Parcel 379 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 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 601 Application of Mr. and Mrs. Stephen Royce for modifica- tion of Article VI Section 89-31 Subsection B (2) (a) "Construction Requirements for an R-20 One Family Resi- de-ice District" which requires a minimum side yard of 15 ft. to allow the construction of a 21 story frame addition at the rear of the dwelling having a minimum side yard of 11 .75 ft. on the premises located at 8 Coun- try Club Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 229 Parcel 165 on the grounds or practical difficulty and/or unnecessary hard- ship. The applicants were represented by their Attorney, Mr. John Perone of 1 North Broadway, White Plains and the Architect for the builder, Mr. Donald Willett. Mr. Per- one said that at the last hearing the modification had not been filed in time and the variance requested was for a side line of 11 . 75 ft. instead of the required 15 ft. Mr. Perone, also, said that the first story ad- dition was based upon the extension of the first floor of the play room. Mr. Boraczek read a letter from Dr. Charow of 6 Country Club Drive, who is the nest door neighbor. In his letter Dr. Charow said he did not think the addition would hamper the use of his property in any way. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Boraczek - Aye 77 Commissioner Hardesty - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. Stephen Royce have sub- mitted an application to the Building Inspec- tor to allow the construction of a 2 story frame addition at the rear of the dwelling hav- ing a minimum side yard of 11 . 75 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 the Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article VI Section 89-31 Subsection B (2) (a) "Construction Requirements for an R-20 One Family Residence District" which requires a minimum side yard of 15 ft. on the premises located at 8 Country Club Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 229 Parcel 165: and WHEREAS, Mr. and Mrs. Stephen Royce have sub- mitted an application for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons: 1 . The property line is not parallel to the existing building or the pro- posed addition, as a result, only a small percentage of the new build- ing area 22.5 s. f. ) overlaps the limit line . 2. It would not be feasible to modify the proposed addition to conform as shifting the addition would break the continuity of one large family room. 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, and 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 . It would not be feasi- ble to modify the proposed addition to conform since if the addition was put in another location it would break the continuity of the family room. 2. Only a small portion of the proposed addition goes beyond the minimum 15 ft. 3. That said circumstances and conditiors are such that the particular appli- cation of the Ordinance with respect to Article VI Section 89-31 Subsec- tion B (2) (a) "Construc- tion Requirements for an R-20 One Family Residence District" 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 minimal 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 89-31 Sub- section B (2) (a) "Construction Requirements for an R-20 One Family Residence District" be varied and modified so as to allow the construc- tion of a 212 story frame addition at the rear of the dwelling having a minimum side yard of 11 . 75 ft. on the premises located at 8 Country Club Drive and knowon on the Tax Assessment Map of the Town of Mamaroneck as Block 229 Par- : �✓z� cel 165 in strict conformance with plans filed with this application provided that the appli- cant 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. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 3 - CASE 602 Application of Mr. and Mrs. Seymour Alpert for modifica- tion of Article VI Section 89-34 Subsection B (2) (a) "Construction Requirements for an R-7. 5 One Family Resi- dence District" which requires a minimum side yard of 10 ft. to permit an existing wood deck which has been constructed with a minimum side yard of 8'0" on the pre- mises located at 107 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 466 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. Boraczek explained to the applicants that they were appearing before the Board already in violation and he had discussed with the other members of the Board this situation. The Board members feel that they cannot fathom that it is an oversight on either the builder or the ap- plicant' s part that they did not think they had to file for a permit and they did not like to hear this type of application. The Chairman said that the Board feels that they are setting a precedent hearing applications that are already in violation and as Chairman he did not want to hear the case. Mr. Boraczek said he would only hear the application on the conditions that the Board would set forth. Dr. Alpert said it was done in innocence and proceeded to explain the background. The applicant said they had purchased the house in 1961 and in 1967 they applied for a variance to add a new garage and room and at this time they had decided on the plan proposed. The applicant said the deck is a continuation of the house line and the contractor had done a lot of work in the vicinity. The contractor had removed the concrete stairs and a new platform and stairway had been constructed at the rear. Letters were presented to the Board and read by the Chair- man. Mr. David Watt of 109 North Chatsworth Avenue said in his letter he was aware that the Alperts were planning to construct the deck and had no objection. Mr. and Mrs. Leslie Schlom of 8 Fern Road appeared in support of the applicant and had also written a letter. The Schloms said the new deck is adjacent to the side of their property and they were aware of Dr. Alpert's intention of enlarging the existing porch and had encou- raged them to proceed. The Schloms said they had no ob- jection before they started the work and have none now. A letter was also read from Janet and Harold Mait, who live at 7 Fern Road and they said they had no objection and were not bothered by the noise. Mr. and Mrs. Howard Hill of 105 North Chatsworth Avenue in their letter said they were aware of the deck and were happy to see the added improvements. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Mosher - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mr. and Mrs. Seymour Alpert have sub- mitted an application to the Building Inspec- tor to permit an existing wood deck which has been constructed with a minimum side yard of 8' 0 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 89-34 Subsection B (2) (a) "Construc- tion Requirements for an R-7.5 One Family Resi- dence District" which requires a minimum side yard of 10 ft. on the premises located at 107 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 466; and WHEREAS , Mr. and Mrs. Seymour Alpert 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 . Existing patio was too small to be usable so it was expanded to pro- vide adequate seating space to allow for fuller use and enjoyment of the open space. 2. The patio is screened from the adjoining property and is sufficiently • setback from the street and other adjoining property. 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 : 1 . The deck will provide a more usable space for the applicant's enjoyment of the open space. 2. It is screened from the adjoining property and is sufficiently setback from the street and other adjoining property. 3. That said circumstances and con- ditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-34 Sub- section B (2) (a) "Construction Require- ments for an R-7.5 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 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 otherwise detrimental to the pub- lic welfare: and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 Sub- section B (2) (a) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to permit an exist- ing wood deck which has been constructed having a minimum side yard of 8'0" on the premises located at 107 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 114 Parcel 466 in strict con- formance 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 this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ADJOURNMENT There beina no further business to come before this meet- ing it was adjourned at 9:30 P.M. Rita A. Johns n , Secretary