Loading...
HomeMy WebLinkAbout1980_06_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JUNE 25, 1980, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, LARCH- MONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P .M. ROLL CALL Present: Mr. Andrew W. Boraczek, Chairman Mr. Egbert R. Hardesty Mr. Stephen Carr Absent: Mr. Laurence G. Bodkin, Jr. Mr. Peter G. Moore APPROVAL OF MINUTES The minutes of the meeting of May 28, 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. Mr. Boraczek explained to the applicants that because only three members were present their applications would have to have an unanimous vote and they had the privilege of postponing their application to another meeting without penalty. The Chairman, also, said that there was no guar- antee that at the next meeting there would be four or five members present. The three applicants said they wanted their applications heard at this meeting. Mr. Boraczek asked the Secretary to read the first appli - cation. APPLICATION NO. 1 - CASE 534 Application of Mr. and Mrs. Alexander Kreger 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 maintaining an existing nonconforming side yard of 7 ft. on the premises located at 20 Harrison Drive and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 502 Parcel 128 on the grounds of practical difficulty and/or unnec- essary hardship. Mr. Kreger presented his application to the Board and said that the existing building is 7 ft. from the property line and they want the deck to extend to the building line. Mr. Kreger said if the deck was built 3 ft. from the side of the house it would be very narrow. The applicant said that when they purchased the house they had only one child and they now have two. The applicant said that the proposed recreation room which is needed can only be located between the existing bedroom and kitchen windows and that his wife h.as a knee problem and it will be easier for her to go out to the deck then to have climb the stairs from the existing patio. Mrs. Kreger said that the deck and addition will alleviate the problem of cramped space and if the deck had to be moved over it would not help. The applicants said they were not asking for any major structural changes and pre- sented the Board with a petition signed by six neighbors which Mr. Boraczek read. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Carr - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. Alexander Kreger have submitted an application to the Building Inspec- tor to allow the construction of a wood deck maintaining an existing nonconforming side yard of 7 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) "Construction Requirements for an R-7.5 One Family Residence District" which requires a minimum side yard of 10 ft. on the premises located at 20 Harri - son Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Parcel 128; and WHEREAS, Mr. and Mrs. Alexander Kreger 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 . The applicants would like to have the deck off the kitchen so that they do not have to climb up and down the stairs because of Mrs . Kreger's knee problem. 2 . The applicants want to keep the line of the deck in conformance with the house. 3. The applicants are not seeking to go beyond the present side dimen- sions and if the deck was built 3 ft. in the entrance from the kitchen would be cramped. 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 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 the proposed deck will not encroach any fur- ther into the side yard than the present building. 2. That the deck could not be placed in any other place due to the position of the existing kitchen and bedroom. 3. 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 (2) "Construction Require- ments for an R-7.5 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 accom- plish 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 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 wood deck maintaining an existing noncon- forming side yard of 7 ft. on the premises lo- cated at 20 Harrison Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Parcel 128 in strict conformance with plans filed with this application provided that the applicant complies in all other res- pects 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 535 Application of Mr. John C. Hill for modification of Ar- ticle VI Section 89-33 Subsection B (1 ) "Construction Requirements for an R-10 One Family Residence District" which requires a minimum front yard setback of 30 ft. to allow the construction of additions to the easterly and westerly side of the dwelling having a front setback of 11 ft. more or less on the premises located at 767 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 210 Parcel 50 on the grounds of practical difficulty and/or unnecessary hard- ship. ; 7) Z/ Mr. Hill presented his application to the Board and said that their house is very small . The applicant said that he moved the front door to the westerly side of the dwell- ing because it opened onto the street which was only a short distance away and that the proposed addition would create a front entrance and foyer and add needed closet space. Mr. Hill further stated that the addition to the easterly side will provide dining space in the existing small kitchen and the deck will provide access to the kitchen which is one story above grade. The applicant said that added space would be created by bringing the roof line down. It was pointed out that the present house was only 10 ft. back from the street pavement and the additions will be 11 ft. from the front property line. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Carr - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. John C. Hill has submitted an ap- plication to the Building Inspector to allow the construction of additions to the easterly and westerly side of the dwelling having a front setback of 11 ft. more or less 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 (1 ) "Construction Requirements for an R-10 One Family Residence District" which requires a minimum front yard setback of 30 ft. on the premises located at 767 Forest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 210 Parcel 50; and WHEREAS, Mr. John C. Hill has submitted an ap- plication to this Board for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons: 1 . Proposed addition on the easterly side will create a new front entrance, foyer and needed closet space. 2. Addition on the easterly side will provide dining space in the exist- ing small kitchen and deck will pro- vide access to the kitchen which is about 1 story above ground at this side of the dwelling. 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 proposed additions will provide for a safer access to the dwelling which is located very close to the street and additional living space to the present small house. 2. The proposed deck will provide better access to the kitchen which is 1 story above grade on the easterly side of the dwelling. 3. That said circumstances and/or conditions are such that the particular appli- cation of the Ordinance with respect to Article VI Section 89-33 Subsec- tion B (1 ) "Construction Requirements for an R-10 One Family Residence Dis- trict" 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 adjustment that will accom- plish 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 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 ) "Construction Requirements for an R-10 One Family Residence District" be varied and modified so as to allow the construction of additions to the easterly and westerly side of the dwelling having a front setback of 11 ft. more or less on the premises located at 767 Forest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 210 Parcel 50 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. APPLICATION NO. 3 - CASE 536 Application of Mr. John Miceli for modification of Ar- ticle V Section 29-28 Permitted Uses in a "B" Business District and Article VII Section 89-30 Subsection A (3) maximum building coverage allowed 25% to allow the con- struction of a warehouse and storage building having a building coverage of 60% on the premises located at 10 Valley Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 131 Parcel 18 on the grounds of practical difficulty and/or unnecessary hard- ship. Mr. Spencer Hinckley, an Attorney of 271 North Avenue, New Rochelle , represented the applicant, Mr. John Miceli . Mr. Hinckley said that Mr. Miceli had been granted a variance in August, 1979 to continue the use of the pro- perty for the storage of contractor's equipment and the parking and storage of buses. Mr. Hinckley further stated that when Mr. Miceli received his variance he intended to increase the amount of contractor's equipment he owned and store it on the premises but because of the present economic conditions this is no longer feasible. The applicant therefore wishes to erect a warehouse and stor- age building which he feels is a better use and will be more beneficial to the Town as far as appearance and tax purposes. Mr. Hinckley said that the proposed use will not change the area as there are already other storage warehouses in the immediate vicinity and the warehouse will be a lesser variance than the one they now have. The Board questioned Mr. Miceli as to what type of stor- age he intended to have and Mr. Miceli said he would rent out space for any legitimate commercial storage but he would be willing to accept any restricitions that the Board would wish to impose. Mr. Boraczek questioned Mr. Paonessa as to whether there were any rules or regu- lations that they would have to abide by regarding the type of storage that would be allowed and Mr. Paonessa said that the building would have to be fully sprinklered and that the type of storage would be controlled by the Fire Prevention Code. Mr. William DeAl leaume of 22 Valley Place spoke and said that he had no objection, but wanted to know how far back from his house Mr. Miceli intended to build. It was pointed out that Mr. DeAlleaume's house is only 18" off the property line and Mr. Miceli said he would be willing to move the building over to the other side of the lot. It was, also, pointed out that Mr. Miceli has a 6 ft. fence right up to Mr. DeAlleaume's property line and according to one of the conditions of the variance granted in August 1979 the fence on the southerly side was to be setback at least 4' 6" . Mr. Hinckley said he had told Mr. Miceli to move the fence from the loca- tion approved by the Resolution of the Zoning Board and which is now in violation of the conditions of the Resolution because the Title Company said that Mr. Miceli would be forfeiting 4 ft. of property by adverse possession. Mr. Paonessa said he did not agree with Mr. Hinckley regarding the adverse possession and it was pointed out that the fence under the old variance granted to the previous owner had been in that location for 18 to 20 years . The Board questioned as to whether they could legally hear and vote on the application if there was an outstand- ing violation of the Zoning Board Resolution. ;2 After further discussion the Board decided that they should not continue to hear or vote on the application until the violation was cleared up and Mr. Hinckley agreed to adjourn the case until the next meeting and said he would contact, Mr. Johnston, the Town Attorney. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:45 P.M. Rita A. Joo on, ecretary C