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HomeMy WebLinkAbout1982_07_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 28, 1982 , 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. Peter G. Moore Mr. Peter D. Mosher Absent: Mr. A. William Boraczek, Chairman Mr. Stephen K. Carr Also present: Mr. William Paonessa, Building and Plumbing Inspector APPROVAL OF MINUTES The minutes of the meeting of June 23, 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. Hardesty explained to the applicants that because only three members were present their application would have to have an unanimous voted and they had the privi- lege of postponing their application to another hearing without prejudice. Both applicants wanted to have their applications heard. The Chairman asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 598 Application of Mr. and Mrs. Stephen Royce for modifica- tion of Article VI Section 89-31 Subsection B (2) "Con- struction Requirements for an R-20 One Family Residence District" which requires a minimum side yard of 15 ft. to allow the construction of a 212 story frame addition at the rear of the dwelling creating a minimum side yard of 12. 5 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 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Royce appeared before the Board with his Architect, Mr. Donald K. Willett, of Remodeling Consultants. Mr. Royce said he had lived at 8 Country Club Drive for 42 years and presented the Board with a letter from his neigh- ()23L 7 bor, Dr. Arnold Charbow. Mr. Willett said they were asking for a slight overlap or infringement because they wanted the addition to be continuous and their main concern was the first floor addition. Mr. Mosher asked about the rock outcropping that was at the rear of the lot and Mr. Willett said they did not intend to do any blasting. Mr. Hardesty asked the Secretary to read the letter from Dr. Arnold Charbow, who is the applicants next door neigh- bor at 6 Country Club Drive. In his letter Dr. Charbow said that after Mr. Royce had told him about the proposed addition and its location he felt it would make a fine addition and because it imposes only l'z ft. into the side yard it does not alter his thinking as it will in no way hinder the use and pleasure they derive from their back- yard. Mr. Willett shoved the Board another plan which Mr. Moore questioned since it was different than the plan submitted with the application. Mr. Willett explained that the drawings had been done in a hurry in order to get the application in on time and there was an error since the variance they were requesting was for 11 .9 ft. instead of the 12.5 ft. requested in the application. The Board told the applicants they would not be able to vote on the application because of the change as the variance had been advertised and the neighors had been notified they were requesting a variance for a side yard of 12.5 ft. and they were now changing their plan and requesting a side yard of 11 .9 ft. The Board advised the applicants that a new application would have to be filed and read- vertised. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 2 - CASE 599 Application of Mr. Charles Lovejoy for modification of Article VI Section 89-33 Subsection B (1 ) (2) & (3) "Con- struction Requirements for an R-10 One Family Residence District" which requires a minimum front yard setback of 30 ft. , a minimum side yard setback of 10 ft. , a total of both side yards of 25 ft. and a minimum rear yard of 25 ft. to allow the construction of a one story addition at the northerly side of the dwelling having a front yard setback of 20 ft. and a side yard of 13.4 ft. and to allow the construction of a wood deck at the rear of the dwell- ing maintaining a side yard of 9. 8 ft. and a rear yard of 11 ft. on the premises located at 54 Clover Street and known on the Tax Assessment Map of the Town of Mama- roneck as Block 218 Parcel 677 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mr. and Mrs. Lovejoy appeared before the Board with their Architect, Mr. Arthur Wexler. Mr. Lovejoy said their reason for wanting the addition was because his 82 year old mother-in-law was coming to live with them so that her daughter could take care of her. The applicant said the proposed room would be a combination sitting and liv- ing room and they wanted the deck so that his mother-in- law who has arthritis and cannot manage stairs can sit outside. Mr. Wexler said that the land is level but drops off at the rear of the house and the proposed location is the only practical place for the addition. Mr. Wexler fur- ther said that it is an irregular shaped lot and because it is a corner lot they must provide two front yards. Mr. Mosher questioned about a maple tree that was exist- ing and the applicants said they did not intend to remove any trees. The applicants said they had spoken to their neighbors and they were all in favor of the plan. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Hardesty - Aye Commissioner Moore - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution adopted: WHEREAS ,Mr. Charles Lovejoy has submitted an application to the Building Inspector to allow the construction of a one story addition at the northerly side of the dwelling having a front yard setback of 20 ft. and a side yard of 13. 4 ft. and to allow the construction of a wood deck at the rear of the dwelling maintaining a side yard of 9. 8 ft. and a rear yard of 11 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 Zoning Ordi- nance of the Town of Mamaroneck with particular reference to Article VI Section 89-33 Subsection B (1 ) (2) & (3) "Construction Requirements for an R-10 One Family Residence District" which requires a minimum front yard setback of 30 ft. , a minimum side yard setback of 10 ft. , a total of both side yards of 25 ft. and a minimum rear yard of 25 ft. on the premises located at 54 Clover Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Par- cel 677; and WHEREAS, Mr. Charles Lovejoy has submitted an application for a variance on the ground of prac- tical difficulty and/or unnecessary hardship for the following reasons : 1 . The applicants 82 year old mother- in-law who now lives alone needs to move in to be cared for by her daughter. 2. Because the applicant' s mother- in-law has arthritis she cannot manage stairs and requires the first floor bedroom/sitting room with bath. 3. The deck will provide a safe out- door area for her use. 4. Because of the 13 ft. drop in the rear the area on the side is the most feasible. 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 : (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 deck will not project into the side yard any further than is existing a present. 2. That due to the topo- graphy of the lot which slopes steeply to the rear the proposed deck will provide an outdoor area which is more usable. 3. The proposed addition will provide a bedroom/ sitting room with bath for the applicant' s elderly mother-in-law. 1?)7 0 4. That said circumstances or conditions are such that the particular appli- cation of the Ordinance with respect to Article VI Section 89-33 Subsec- tion B (1 ) (2)&(3) "Con- struction Requirements for an R-10 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 ac- complish 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 otherwise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 Sub- section B (1 ) (2) & (3) "Construction Require- ments for an R-10 One Family Residence District" be varied and modified so as to allow the con- struction of a one story addition at the nor- therly side of the dwelling having a front yard setback of 20 ft. and a side yard of 13.4 ft. and to allow the construction of a wood deck at the rear of the dwelling maintaining a side yard of 9.8 ft. and a rear yard of 11 ft. 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. J.7% OLD BUSINESS - VILLAGE SQUARE SHOPPING CENTER After the last meeting Mr. Mosher had written to Mr. Johnston, the Town Attorney requesting his opinion as to whether the grading that had been done by Mr. Rosenshein on his property required a variance. Mr. Johnston re- plied and said that no variance was required and there were no violations of the previous variances that had been granted by the Zoning Board. NOVAK PROPERTY - OLD HOMMOCKS ROAD Mr. Tanenbaum, who is the Attorney for Mrs. Novak had written a letter to the Chairman of the Zoning Board of Appeals requesting that the Board waive the require- ment for providing plans and specifications for an ap- plication they wish to present to the Board for a vari- ance. In his letter Mr. Tanenbaum said that there is a question as to whether the street (Old Hommocks Road) is public or private but Mr. Tanenbaum said they are not conceding that it is a private road. The members present discussed the letter and decided they could not accept an application for the Zoning Board without the required plans. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:00 P. M. Rita A. Johnson( ecretary r/r"�