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HomeMy WebLinkAbout1981_06_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JUNE 24, 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 Chairman at 8:15 P.M. ROLL CALL Present: Mr. A. William Boraczek, Chairman Mr. Peter G. Moore Mr. Stephen K. Carr Absent: Mr. Egbert R. Hardesty Mr. Laurence G. Bodkin, Jr. Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of May 27, 1981 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 since only three members were present their applications would have to have an unanimous vote and they had the privilege of postponing their applications to another meeting without penalty. The applicants present agreed to have their applications heard. The Chairman asked the Secretary to read the first ap- plication . APPLICATION NO. 1 - CASE 563 Application of Dr. and Mrs . Salvatore Lomonaco for modi- fication of Article VI Section 89-33 Subsection B (2) (a) "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 2nd floor addi- tion at the rear of the dwelling maintaining an exist- ing side yard of 8.2 ft. on the premises located at 36 Stoneyside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 431 on the grounds of practical difficulty and/or unnecessary hardship. Dr. and Mrs . Lomonaco appeared with their Architect, Mrs. Stoll . Mrs . Lomonaco said that she is an Artist and the addition will provide a work space plus a family room. The applicant said that because of the rock slop- ing and the nature of the house (stagger) there are limi- tations to where they can go. Mrs . Lomonaco stated that they do not have an eat in kitchen and they were also increasing their living area. The applicant stated that she had spoken to three of her neighbors who would be most affected by the addition and they all felt there would be no difficulty and they had no objections . Mrs . Stoll , the Architect presented a model showing how the house will look after the work has been completed. After further discussion the Board decided to vote on the application and the result was as follows : Commissioner Boraczek - Aye Commissioner Moore - Aye Commissioner Carr - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Dr. and Mrs . Salvatore Lomonaco have submitted an application to the Building In- spector to allow the construction of a 2nd floor addition at the rear of the dwelling maintaining an existing side yard of 8.2 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 the Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article VI Section 89-33 Subsection B (2) (a) "Construction Require- ments for an R-10 One Family Residence District" which requires a minimum side yard of 10 ft. on the premises located at 36 Stoneyside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 431 ; and WHEREAS, Dr. and Mrs . Salvatore Lomonaco have submitted an application for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons: 1 . Mrs . Lomonaco is an Artist and needs a studio in her home. 2. The second story dormer addition will provide the best light for the studio. 3. The applicant's family is grow- ing and they need additional space. 4. The nature of the house (stagger) and the rock sloping up in the back are limitations . c 5. The first floor extension is as far from the neighboring property as is possible - as its in the mid- dle. 6 . The property is pie-shaped which contributes to the need for a vari- ance. 7. The addition could not be in the center as its a stagger and you cannot add to the middle floor. 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 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 addition will provide a work space plus a family room for the applicants . 2. The proposed addition will not encroach into the side yard as far as the exist- ing dwelling. 3. Because of the topography of the lot the proposed lo- cation is the most feasible. 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) (a) "Construction Requirements for an R-10 One Family Resi- dence District" would deprive the applicant of the reason- able use of the land and/or building and that the vari- ance 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 89-33 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 2nd floor addition having a side yard of 8.2 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. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 2 - CASE 564 Application of Mr. and Mrs. Frecerick Kriegel for modifi- cation of Article VI Section 89-34 Subsection B (2) "Con- struction Requirements for an R-7.5 One Family Residence District" which requires a minimum side yard of 10 ft. to allow the construction of a wood deck at the rear and side of the existing dwelling having a side yard of 3'0" on the premises located at 9 Birchfield Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115 Parcel 214 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Kriegel presented his application to the Board and said that the purpose of the proposed deck is because at present their only access is through a narrow kitchen and separate laundry area. Mr. Kriegel stated that the rear property is a full level below the main floor making the use of the back yard non-functional and the only access out to the back is through an existing door at the rear of the kitchen. The applicant said that the present dwelling is only 6'2 ft. from their property line on one side but the neighbor's house on that side is high . Mr. Arthur Wexler, the applicant's Architect said that the Kriegel 's hardship was because their only access out of the house in the rear was through a very narrow kitchen and laundry room. A question was asked as to what presently exists over the garage and the applicant said the kitchen and maid 's quarter. Mr. Kriegel said he has to manuever his car to get it into the garage. Mr. Boraczek said he was very concerned about the 3 ft. and the Board reviewed the plan. After further discussion the Board suggested that the ap- plicants amend the plan by cutting off a corner of the deck and the Chairman advised the Kriegel 's that at least three of the members of the Board would go and look at the interior of the house so as to better understand their hardship as to access. Mr. Boraczek asked the applicants to adjourn their application to the next meeting when they can return with an amended plan to which they agreed. The Chairman asked the Secretary to read the next appli- cation . APPLICATION NO. 3 - CASE 565 Application of Mr. and Mrs . David Tulchin for modification of Article VI Section 89-34 Subsection B (1 ) & (2) "Con- struction Requirements for an R-7 .5 One Family Residence District" which requires a minimum front setback of 30 ft. and a minimum side yard of 10 ft. to permit the front porch to be extended and enclosed and allow the construc- tion of a new wood deck. The proposed front porch will maintain a nonconforming front setback of 27 ft. and a nonconforming side yard of 7.5 ft. and the proposed wood deck at the rear of the dwelling will have a side yard of 9.0 ft. on the premises located at 9 Lafayette Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 133 Parcel 42 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Tulchin presented his application to the Board and said that the porch had been constructed with the roof before they purchased the house and they wanted to enclose it now to add additional living space to their small house. Mr. Tulchin stated the porch is only 8 x 15 which isn 't a very big room but there is no other place where they can add on. The applicant said they were not changing the present set- backs as the screen porch is presently only 27 ft. from the front line and the house is 7.5 ft. from the side line. Mr. Tulchin further said that the purpose of the deck was to have access from the main floor since presently the only way to get out to the backyard is through the base- ment and garage and the present rear porch is in bad shape and needs to be repaired. The applicant in conclusion said that he plans to build the deck of redwood which will improve the appearance and he had spoken to some of his neighbors who said they had no objection. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Moore - Aye Commissioner Carr - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs . David Tulchin have sub- mitted an application to the Building Inspec- tor to allow the enclosure of the front porch maintaining a nonconforming side yard of 7.5 ft. and a nonconforming front setback of 27 ft. and the construction of a wood deck at the rear having a side yard setback of 9.0 ft. to- gether 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 89-34 Subsection B (1 ) & (2) "Construction Require- ments for an R-7.5 One Family Residence District" which requires a minimum front setback of 30 ft. and a minimum side yard of 10 ft. on the pre- mises located at 9 Lafayette Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 133 Parcel 42; and WHEREAS, Mr. and Mrs . David Tulchin 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 proposed front porch is nec- essary and desirable as the house is extremely small and the enclosed room is a necessity for the applicant's family. 2. The proposed deck will provide a route from the main floor to the backyard and substantially improve the appearance of the house. 3. Neither change involves any change in existing setbacks as the side is already 7.5 ft. from the side line and the porch is only 27 ft. from the front line. 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 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 enclosure of the front porch and the wood deck at the rear of the dwelling will not encroach any further than the exist- ing setbacks . 2. That the enclosure of the front porch will pro- vide additional living space to a small house . 3. That the proposed deck will provide access to the rear yard. 4. That said circumstances and/or conditions are such that the particular appli - cation of the Ordinance with respect to Article VI Section 89-34 Subsection B (1 ) & (2) "Construction Requirements for an R-7.5 One Family Residence Dis- trict 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 89-34 Sub- section B (1 ) & (2) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to permit the front porch to be extended and enclosed maintaining a nonconforming side yard of 7.5 ft. and to allow the construction of a new wood deck at the rear of the dwelling having a side yard of 9.0 ft. 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 :15 P.M. o Rita . Johnso , Secretary V LSD I