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HomeMy WebLinkAbout1981_01_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JANUARY 28, 1981 , 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 G. 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 December 9, 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. The Chairman asked the Secretary to read the first appli- cation . APPLICATION NO. 1 - CASE 551 Application of Mr. Robert Salinger for modification of Article VI Section 89-34 Subsection B (2) "Construction Requirements for an R-7.5 One Family District" which re- quires a minimum side yard of 10 ft. to allow the construc- tion of a one story addition at the rear of the dwelling maintaining an existing nonconforming side yard of 7.2 ft. on the premises located at 283 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Parcel 143 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. Salinger appeared before the Board and said that the proposed addition would be built on line with the present side of the dwelling and that if the 10 ft side yard was required the addition would cut back into the present house and would not provide the needed area in the kitchen and family room extension. The Board asked the applicant if he had looked at the extension so that it would not encroach on the back yard and was he aware of the clearance on the other side of the property. Mr. Salinger agreed that he had. No one else appeared in favor or opposed to said appli- cation and there were no written communiques received by the Building Inspector. The Board then voted on said application 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. Robert Salinger 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 existing nonconforming side yard of 7.2 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 89-34 Subsection B (2) "Construction Require- ments for an R-7.5 One Family District" which requires a minimum side yard of 10 ft. on the premises located at 283 Murray Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 113 Parcel 145; WHEREAS, Mr. Robert Salinger has submitted an application to this Board for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons : 1 . To maintain the same width as the existing structure so that the proposed extension will conform to the aesthetic integrity of habitable space. 2. The proposed extension will not encroach any more into the side yard than the existing dwelling. WHEREAS, this Board has examined the plans, re- viewed 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 circumstances and/or conditions have not resulted from any acts of the applicant subse- quent to the date of the Zoning Regu- lations appealed from. (b) That the said circumstances and/ or conditions are as follows: 1 . That there is no loca- tion within the dwelling or on the site where the proposed addition can be located. 2. The addition will not encroach any further into the side yard than at pre- sent. 3. The proposed addition would provide more 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 89-34 Subsection B (2) "Con- struction Requirements for an R-7.5 One Family Resi- dence District" would de- prive 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. 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 89-34 Sub- section B (2) "Construction Requirements for an R-7.5 One Family District" be varied and modified so as to allow the construction of a one story addition at the rear of the dwell- ing maintaining an existing nonconforming yard of 7.2 ft. on the premises located at 283 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Parcel 143 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 with 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 552 Application of Mr. Stanley I . Rosen for modification of Article VIII Section 89-44 Subsection "D" which restricts the height of walls and fences to 4 ft. in a residential area to allow the installation of 52 1 . f. of 6 ft. high wooden fence along the rear property line on the premises located at 29 Blossom Terrace and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 403 Parcel 365 on the grounds of practical difficulty and/or unnec- essary hardship. Mr. Rosen appeared before the Board and said the land to the rear of the property is not built on, is vacant; the builder, Mr. Spencer, left large mounds of dirt, and it is very ugly and he would like to screen this. Mr. Rosen was asked by the Board if this was only a tem- porary condition whereupon he answered that it was tem- porary right now but has been there for quite a while. Mr. Rosen said his house is new but that mounds of dirt have been left and even though the property looks like it 's in a state of construction, it is not. Mr. Carr then asked if Mr. Rosen lives there. He replied no, that he has a tenant. Mr. Bodkin asked if he considered a 4 ft. fence and Mr. Rosen responded the ground is, level and you can still see the piles of dirt. You need a 6 ft. fence to get some screening. Mr. Moore then asked if Mr. Rosen would take the fence down in the future when the unsightly condition was removed and he said no. The Board asked if there were any communiques on this application and Mr. Moore read a letter of objection from A. R. Spencer Associates. Mr. Rosen then further stated that he would agree to have the fence removed if and when his objection were handled. It was noted by Mr. Paonessa that Mr. Spencer has filed permits with the County, which he needs for four one family residences. Based on that Mr. Rosen was asked if he would like his application to be held for awhile, and would he go along with the provision, if a variance were granted, of remov- ing the fence after development. It was stated that the ground is frozen now and would he rather wait since he couldn ' t do anything in the meantime, until the latter part of March or April . Mr. Rosen reiterated that he does not think Mr. Spencer will be developing the property since he is busy in Harri- son. If only someone would order him to spread the dirt. It was further noted that Mr. Spencer ran into a grade problem but that he is proceeding, and has two years in which to do so. The Town does not have leverage to make him proceed with the removal of the dirt at this time. Mr. Hardesty then told the applicant by withdrawing his application now he can come back at any time . If we vote on it now you may have to come back in six months. If he withdraws his application now he may appeal again in April simply by writing a letter to the Board request- ing his application be reheard. Mr. Rosen then stated that he would ask that his appli- cation be withdrawn since the Board seemed reluctant at this time. Mr. Moore noted that someone has objected to the application . There being no further discussion the application was considered by all present to be withdrawn by the appli- cant to another hearing sometime in early Spring. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 8:45 P.M. Barbara Chase, Acting Secretary / i /