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HomeMy WebLinkAbout1980_12_09 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD DECEMBER 9, 1980, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER 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 Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of October 22, 1980 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. Since Mr. Bodkin had not arrived Mr. Hardesty 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 ap- plications without penalty. The first applicant, Rabbi Avarim Arian agreed to have his application heard. The Chairman asked the Secretary to read the application . APPLICATION NO. 1 - CASE 549 Application of Rabbi Avarim Arian for modification of Article VI Section 89-33 Subsection B (2) "Construction Requirements for an R-10 One Family Residence District" which requires a minimum side yard of 10 ft. to allow the construction of a one story addition at the rear of the dwelling maintaining an existing nonconforming side yard of 6.6 ft. on the premises located at 736 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 18 on the grounds of practical difficulty and/or unnecessary hardship. Rabbi Arian appeared before the Board and said they needed additional room as they are presently using one bedroom for a den and they need two bedrooms. The applicant stated that there was no other place to add the room because of the rock outcrop at the rear of the dwelling and they are maintaining the existing line of the house. Rabbi Arian further said he did not feel that the pro- posed addition would cause any hardship to his neighbors. He presented the Board with a letter from Mr. W. R. Sala- tino of 738 Forest Avenue whose house is immediately ad- jacent to the Arians on the side nearest to the proposed addition . Mr. Salatino said in his letter, which was read by the Chairman, that as the neighbor most immediately affected by the proposed addition they had examined the plans and have no objection to the addition as proposed. Mr. Robert Ciamei appeared before the Board and said he represented the Contractor for both applications. Mr. Stephen Caycedo of 87 Colonial Avenue said he was not objecting to either application but wanted to know if the application was approved whether it would set a precedent for future applications. Mr. Caycedo said he was worried because he thinks his neighbor intends to apply for a variance to put an addition right up to his property line. Mr. Hardesty explained that the Board did not set precedent and each case was taken individually. Before the Board was ready to vote on the application Mr. Bodkin arrived and the Chairman reviewed the case with him. After further discussion the Board voted on the applica- tion 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, Rabbi Avarim Arian has 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 nonconforming side yard of 6.6 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 89-33 Subsection B (2) "Construction Requirements for an R-10 One Family Residence District" which requires a minimum side yard of 10 ft. on the premises located at 736 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 18; and 4_1e6 WHEREAS, Rabbi Avarim Arian has submitted an application to this Board for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons: 1 . Applicant requires additional living space on 1st floor. 2. Due to rock outcrop at rear of dwelling the addition can only be placed in the proposed location. 3. Proposed addition will not be any closer to existing property line than existing dwelling. 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 site of the proposed addition is the only area suitable for con- struction due to the topo- graphy of the rear yard which slopes up and has rock out- croppings. 2. The addition will not encroach any further into the side yard than at pre- sent. 3. The proposed addition would provide additional living space on the first floor. 4. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-33 Subsection B (2) "Con- struction Requirements for an R-10 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. 5. 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 (2) "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 rear of the dwelling maintaining an existing nonconforming side yard of 6.6 ft. on the premises located at 736 Forest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 223 Parcel 18 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. The Chairman asked the Secretary to read the next appli- cation . APPPLICATION NO. 2 - CASE 550 Application of Mr. and Mrs. David Morse for modification of Article VI Section 89-35 Subsection B (1 ) "Construc- tion Requirements for an R-6 One Family Residence District" which requires a minimum front setback of 30 ft. from street property lines to allow the construction of a 2nd floor addition maintaining an existing nonconforming front setback of 17.5 ft. from Senate Place and 22.5 ft. from Daymon Terrace on the premises located at 1 Senate Place and known on the Tax Assessment Map of the Town of Mama- roneck as Block 112 Parcel 503 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mr. Morse appeared before the Board and said that the existing house is small . Mr. Morse stated that they hope to raise a family and the only place for expansion is over the garage because of the layout of the land. The applicant said they were told by the previous owners that the house had once been a "boy scout house" and the pro- posed addition will add two bedrooms and a bath over an existing bedroom which was formerly a garage. The appli- cant further said that presently there is only one bed- room and they are not going beyond the existing street line. Mr. Moore asked Mr. Morse when he had purchased the house and the applicant said last December. It was pointed out that a variance had been granted to the former owners to convert the garage and for off-street parking. 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. David Morse have submitted an application to the Building Inspector to allow the construction of a 2nd floor addition maintaining an existing nonconforming front setback of 17.5 ft. from Senate Place and 22.5 ft. from Daymon 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 Section 89-35 Subsection B (1 ) "Construction Requirements for an R-6 One Family Residence District" which requires a minimum front set- back of 30 ft. from street property lines on the premises located at 1 Senate Place and known on the Tax Assessment Map of the Town of Mama- roneck as Block 112 Parcel 503; and WHEREAS, Mr. and Mrs. David Morse 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 . Residence is exceedingly small and allows no room for growth of family. 2. Garage has already been converted to a bedroom. 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 for which a variance is sought, which circumstances and/or conditions have not resulted from any acts of the ap- plicant 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 loca- tion of the dwelling on the irregular shaped par- cel the proposed addition could only be constructed with minimum variance above the existing structure . 2. The addition will not encroach into the side yard any further than at present. 3. That the proposed ad- dition would create addi- tional livable space in the small dwelling and would conform to the size of houses in the area. 4. 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 (1 ) "Con- struction Requirements for an R-6 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. 5. 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 89-35 Sub- section B (1 ) "Construction Requirements for an R-6 One Family Residence District" be varied and modified so as to allow the construction of a 2nd floor addition maintaining an exist- ing nonconforming front setback of 17.5 ft. from Senate Place and 22 .5 ft. from Daymon Terrace on the premises located at 1 Senate Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 503 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. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 8:45 P.M. k., Gf • �— Rita A. Johnson Secretary