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HomeMy WebLinkAbout1980_08_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD AUGUST 27, 1980, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER In the absence of the Chairman the meeting was called to order by the acting Chairman , Mr. Hardesty at 8: 15 P.M. ROLL CALL Present: Mr. Egbert R. Hardesty, Acting Chairman Mr. Laurence G. Bodkin, Jr. Mr. Peter Moore Mr. Stephen Carr Absent: Mr. A. William Boraczek, Chairman APPROVAL OF MINUTES The minutes of the meeting of July 23, 1980 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. The first item on the agenda, the application of Mr . John Miceli , which had been adjourned from the meeting of June 25th was again adjourned. Mr. Hinckley, Mr. Miceli 's Attorney had addressed a letter to the Board stating that since Mr. Miceli was out of Town he was requesting an adjournment until the next scheduled meeting of the Board. Mr. Hardesty asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 541 Application of Mr . and Mrs. Steven Jacobson for modifi - cation of Article VI Section 89-30 Subsection B (2) (a) "Construction Requirements for a One Family R-30 Residence District" which requires a minimum side yard of 20 ft. to allow the construction of an addition at the easterly side of the dwelling having a side yard of 8 ft. on the premises located at Beach Road, Premium Point and known on the Tax Assessment Map of the Town of Mamaroneck as Block 509 Parcel 86 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Jacobson was represented by Mr. Roger Sirlin of the firm of Sirlin and Sirlin of Mamaroneck. Mr. Sirlin explained that Mr. Jacobson 's application had first been presented to the Board in June of 1979 with an addition going right up to the property line and had been denied. In March of 1980 Mr. Jacobson had made another applica- ic tion to the Board showing a side yard of 8 ft. This ap- plication had been approved by the Board but Mr. Jacob- son had let his variance expire. Mr. Jacobson explained to the members of the Board that because of the high mort- gage market he did not go ahead with the work but now since the mortgage market has eased he is now ready to proceed with the work. Mr. Hardesty decided that since he had not been present at the meeting when the applica- tion was approved and Mr. Carr is a new member the appli - cant should present the case again . Mr. Sirlin explained that the property in question had originally been part of the Revson estate and had been subdivided with Mr. Jacobson purchasing what had been the "guest house" . When the Planning Board approved the subdivision one of the conditions of approval had been that separate driveways be shown for Mr. Jacobson 's pro- perty and the main house that had been purchased by Mr. and Mrs. Blank. Temporary reciprocal easements were en- tered into between the Blanks and Jacobsons for the use of each others ' driveways and portions of land. After Mr. Jacobson had been turned down by the Zoning Board for his request to have the proposed carport and addition to be placed on the easterly side of the dwell- ing with a 0 ft. side yard the applicant had come back to the Board with a revised application asking for a side yard of 8 ft. which as stated had been approved by the Board. Mr. Jacobson explained to the Board that since the house was originally a guest house there was no kitchen and he had installed the present kitchen. The applicant said that because of the layout of the house it is necessary to put the proposed driveway and carport on the easterly side of the dwelling. Mr. Jacobson further said that from an aesthetic and practical point of view for both himself and his neighbors the proposed location was the most desirable and his hardship was not self-created. After further discussion a vote was taken on the appli - cation and the result was as follows: 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 . Steven Jacobson have sub- mitted an application to the Building Inspector to allow the construction of an addition to the easterly side of the dwelling having a side yard of 8 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 89-30 Subsection B (2) (a) "Construction Requirements for a One Family R-30 Residence District" of the Zoning Ordinance which requires a minimum side yard of 20 ft. on the premises located at Beach Road, Premium Point and known on the Tax Assessment Map of the Town of Mama- roneck as Block 509 Parcel 86; and WHEREAS, Mr. and Mrs . Steven Jacobson have sub- mitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1 . The easterly side of the existing dwelling is the only feasible side of the property upon which a structure should be attached. 2. Because of the layout of the home with the kitchen facilities located in the present configuration mandates the placement of the garage on the easterly side of the house. 3. The present entrance to the house is on the easterly side. 4. The 8 ft. side yard abuts the neigh- bor's driveway and provides no func- tional or aesthetic hardship. 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 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 . That the proposed lo- cation of the garage is best suited for the func- tioning and aesthetics of the existing dwelling. 2. That the addition will create enclosed parking, storage room and additional living space more in keep- ing with the general neigh- borhood. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-30 B (2) (a) "Construc- tion Requirements for an R-30 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 adjust- ment 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 public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-30 Sub- section B (2) (a) "Construction Requirements for an R-30 One Family Residence District" be varied and modified so as to allow the construc- tion of an addition to the easterly side of the dwelling having a side yard of 8 ft. on the premises located at Beach Road, Premium Point and known on the Tax Assessment Map of the Town of Mamaroneck as Block 509 Parcel 86 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 ri /f-S 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 542 Application of Mr . and Mrs. Ralph A. Heisel for modifica- tion of Article VI Section 89-34 Subsection B (2) "Construc- tion Requirements for an R-7.5 One Family Residence Dis- trict" which requires a minimum side yard of 10 ft. to allow the construction of a covered stairway at the northerly side of the dwelling maintaining a side yard of 7 '5" on the premises located at 2 Acorn Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 129 Par- cel 408 on the grounds of practical difficulty and/or un- necessary hardship. Mr. Heisel appeared before the Board and said that the house had been built in 1926 under the old zoning reguire- ments. Mr. Heisel had obtained a permit for the construc- tion of an addition and decided that because of the bad weather it would be much easier to have the stairs completely covered. After further discussion the Board decided to vote on the application and the result was as follows: 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. Ralph A. Heisel have sub- mitted an application to the Building Inspector to allow the construction of a covered stairway maintaining a side yard of 7'5" 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 89-34 Subsection B (2) "Construction Require- ments for an R-7.5 One Family Residence District" which requires a minimum side yard of 10 ft. on the premises located at 2 Acorn Lane and known on the Tax Assessment Map of the Town of Mama- roneck as Block 129 Parcel 408; and WHEREAS, Mr. and Mrs. Ralph A. Heisel 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 . The existing exterior concrete and stone stair to the back yard is in line with the north elevation of the existing house. 2. Because of the rain and snow the appellant wants to cover the entire stair width rather than only part of it with a roof. 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 circumstances and conditions applying to the land and/or building for which a variance is sought, which circumstances or con- ditions 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 covered stairway will not encroach into the side yard any further than at present. 2 . That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-34 Subsection B (2) "Con- struction Requirements for an R-7.5 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance 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 granted and that Article VI Section 89-34 Sub- section B (2) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to allow the construction of a covered stairway at the northerly side of the dwelling maintaining a side yard of 7'5" on the premises located at 2 Acorn Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 129 Parcel 408 in strict conformance with plans filed with this appli - cation 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. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 3 - CASE 543 Application of Mr. and Mrs. M. Kessler for modification of Article VI Section 89-34 Subsection B (2) & (3) "Con- struction Requirements for a One Family R-7.5 Residence District" which requires a minimum side yard of 10 ft. and a minimum rear yard of 25 ft. to allow the construc- tion of a wood deck at the rear of the dwelling having a side yard setback of 7.2 ft. and a rear yard setback of 14.5 ft. on the premises located at 26 Hillside Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 128 Parcel 154 on the grounds of prac- tical difficulty and/or unnecessary hardship. Mrs. Kessler appeared before the Board and said they would like to use the deck to sit outside. The appli- cant said that their yard slopes and it is difficult to use it for a sitting area. Mrs. Kessler stated that at present there is a patio off of the living room that is shady and the proposed deck shown will have access from the kitchen at the rear with a sliding door entrance. The Board asked Mrs . Kessler if it would be necessary to remove any trees but she said only some bushes would have to be taken out. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye Commissioner Carr - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mr. and Mrs. M. Kessler have submitted an application to the Building Inspector to allow the construction of a wood deck at the rear of the dwelling having a side yard setback of 7.2 ft. and a rear yard setback of 14.5 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) & (3) "Con- struction Requirements for a One Family R-7.5 Residence District" which requires a minimum side yard of 10 ft. and a minimum rear yard of 25 ft. on the premises located at 26 Hill- side Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 128 Parcel 154; and WHEREAS, Mr. and Mrs . M. Kessler 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 . For a more useful living space in the rear yard. 2. The slope of the yard at present makes it difficult to use the yard as a sitting area due to tilt of chairs, tables and lawn furniture. 3. A level 16 ' x 16 ' deck as proposed will allow access and entry from rear sliding door entrance. WHEREAS, this Board has examined the plans, 2 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 circumstances and conditions applying to the land and/or building 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 . That due to the topography of the lot the deck will provide a more useful space in the rear yard. 2. That said circumstances and/or conditions are such that the particular applica- tion of the Ordinance with respect to Article VI Sec- tion 89-34 Subsection B (2) & (3) "Construction Re- quirements for a One Family R-7.5 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. 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 granted and that Article VI Section 89-34 Sub- section B (2) & (3) "Construction Requirements for a One Family R-7.5 Residence District" be varied and modified so as to allow the construc- tion of a wood deck at the rear of the dwelling oVJ � having a side yard setback of 7.2 ft. and a rear yard of 14.5 ft. on the premises located at 26 Hillside Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 128 Parcel 154 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 9:00 P.M. 6-6 _de sk) Rita A. John" , •cretary