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HomeMy WebLinkAbout1980_05_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MAY 28, 1980, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, LARCHMONT, 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. Laurence G. Bodkin, Jr. Mr. Peter G. Moore Mr. Stephen Carr Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of April 23, 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 asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 528 Application of Mr. and Mrs . Samuel M. Goodman for modifi- cation of Article XI Section 89-67 Subsection B Layout and Location of Off-street Parking Facilities which requires that unenclosed off-street parking facilities shall not be developed within 25 ft. of the front property line to allow the installation of an off-street parking area with a setback of 0 ft. from Eton Road on the premises located at 133 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 114 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Goodman appeared before the Board and said that their house was on a corner lot and the driveway on Eton Road is too short and narrow to allow parking for more than one car. The applicant said they only have one car and when they have any visitors they have to park on the street which creates a safety hazard because a car turning from Rockland onto Eton could easily hit a car parked on the street. Mr. Goodman stated that if they were permitted to widen the driveway they could put at least one more car in the driveway and possibly two and they thought this /7 was the most convenient arrangement. The Board questioned as to why the driveway could not be extended on the left hand side and the applicants said some shrubbery would have to be moved and it would be in- convenient to come out the kitchen door. After further discussion a vote was taken on the applica- tion and the result was as follows : Commissioner Boraczek - Nay Commissioner Hardesty - Aye Commissioner Bodkin - Nay Commissioner Moore - Nay Commissioner Carr - Aye The application was therefore denied and the following Resolution adopted: WHEREAS, Mr. and Mrs . Samuel M. Goodman have submitted an application to the Building Inspec- tor to allow the installation of an off-street parking area with a setback of 0 ft. from Eton Road; 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 XI Section 89-67 Subsection B Layout and Location of Off-street Parking Facili- ties which requires that unenclosed off-street parking facilities shall not be developed within 25 ft. of the front property line on the premises located at 133 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 114; and WHEREAS, Mr. and Mrs. Samuel M. Goodman have submitted an application for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons : 1 . The house is located on the cor- ner of Rockland Avenue and Eton Road and the driveway on Eton Road is too short and narrow to allow parking for more than one car. 2. If the applicant has any visitors they have to park on the street which creates a safety hazard because cars turning from Rockland onto Eton could easily hit a car parked on the street. 3. Due to the house entry way and mature hedges they are unable to ex- tend the driveway on the left hand side. FJ 1s 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 denies the applica- tion on the following grounds : 1 . That the applicant failed to show why the proposed off-street parking could not be located to the side of the existing dwelling. 2. The Board felt there were other locations on the site where the drive- way could be widened where the appli- cant would have sufficient frontage and access from Eton Road. 3. That there are no special circum- stances or conditions applying to the land for which the variance is sought, which circumstances or con- ditions are peculiar to such land and which do not apply generally to land in the district. 4. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land. 5. That the granting of the variance would not be in harmony with the gen- eral purposes and intent of this Ordi - nance and would be injurious to the neighborhood and detrimental to the public welfare. 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 530 Application of Mr. and Mrs . Victor Xistris for modifica- tion of Article VI Section 89-33 Subsection B (2) (a) "Construction Requirements for an R-10 One Family Resi- dential District" which requires a minimum side yard of 10 ft. to allow the construction of an addition to the 2nd story dormer maintaining an existing non-conforming side yard of 8.4 ft. on the premises located at 11 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 313 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Xistris presented his application to the Board and said they needed an additional bedroom on the second floor for their children. The applicant said that at present there is only one bedroom upstairs and they have to travel between the two floors to take care of their new born baby. It was pointed out that the addition was not going beyond the existing side of the dwelling and the dormer roof line would be extended over to the side of the present house. After further discussion the Board voted on the applica- tion and the result was as follows: Commissioner Boraczek - Aye 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 . Victor Xistris have sub- mitted an application to the Building Inspector to allow the construction of an addition to the 2nd story dormer maintaining an existing non- conforming side yard of 8.4 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 89-33 Subsection B (2) (a) "Construction Requirements for an R-10 One Family Residential District" which requires a minimum side yard of 10 ft. on the premises located at 11 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 313; and WHEREAS, Mr. and Mrs . Victor Xistris have sub- mitted an application to this Board for a vari - ance on the ground of practical difficulty and/ or unnecessary hardship for the following reasons: 1 . Applicant requires an additional bedroom on the second floor to reduce unnecessary travel between the two floors . 2. To provide an additional bedroom on the second floor for the appli- cant's newborn child. 117 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 fol lows : 1 . The addition will not encroach any further into the side yard than at pre- sent. 2. That the proposed addi- tion would provided additional living space on the second floor. 3. 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 Requi rements for an R-10 One Family Resi- dential 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 ad- justment that will accomplish 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 2// > FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 Sub- section B (2) (a) "Construction Requirements for an R-10 One Family Residence District" be varied and modified so as to allow the con- struction of an addition to the 2nd story dor- mer maintaining an existing non-conforming side yard of 8.4 ft. on the premises located at 11 Holly Place and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 221 Parcel 313 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 531 Application of Mr. and Mrs . Barrington Parker, Jr. for modification of Article VI Section 89-32 Subsection B (2) (a) "Construction Requirements for an R-15 One Family Residential District" which requires a minimum side yard of 10 ft. to allow alterations and an addition maintain- ing an existing side yard of 7.7 ft. more or less on the premises located at 21 Bonnie Way and known on the Tax Assessment Map of the Town of Mamaroneck as Block 105 Parcel 471 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. Parker presented his application to the Board and said they wanted to enclose the existing screen porch and extend back to make a library. The applicant said that at present they are using an upstairs bedroom for a library and that there are hedges on the easterly end of the property that will shield the addition from the neighbors . It was pointed out that the porch was built at the same time the house was constructed. The plan shows that the roof would be reconstructed. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Boraczek - Aye 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 . Barrington Parker, Jr. have submitted an application to the Building Inspector to allow alterations and an addition maintaining an existing side yard of 7.7 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 89-32 Subsection B (2) (a) "Construc- tion Requirements for an R-15 One Family Resi- dential District" which requires a minimum side yard of 10 ft. on the premises located at 21 Bonnie Way and known on the Tax Assessment Map of the Town of Mamaroneck as Block 105 Parcel 471 ; and WHEREAS, Mr. and Mrs . Barrington Parker, Jr. have submitted an application to this Board for a variance on the ground of practical diffi- culty and/or unnecessary hardship for the fol- lowing reasons: 1 . The applicant wants to enclose the existing side porch to make a library. 2. Because the space is small they want to extend it to the end of the house. 3. In order to economize the appli - cant wants to utilize the current floor plan. 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 proposed ad- dition to the existing porch for the library would have a conforming side yard of 10 ft. or more. 2. That the reconstruction of the roof of the library and proposed addition would maintain an existing non- conforming side yard. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-32 Subsection B (2) (a) "Construction Requirements for an R-15 One Family Resi- dential 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 public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-32 Sub- section B (2) (a) "Construction Requirements for an R-15 One Family Residential District" be varied and modified so as to allow altera- tions and an addition maintaining an existing side yard of 7.7 ft. more or less on the pre- mises located at 21 Bonnie Way and known on \ j ,2� the Tax Assessment Map of the Town of Mamaro- neck as Block 105 Parcel 471 in strict confor- mance 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. 4 - CASE 532 Application of Mr. and Mrs . Stephen Zawel for modifica- tion of Article VI Section 89-35 Subsection B (2) (a) "Construction Requirements for an R-6 One Family Resi- dential District" which requires a minimum side yard of 8 ft. to allow the construction of a 22 story addi- tion at the rear of the dwelling maintaining an exist- ing non-conforming side yard of 5.6 ft.+ on the premises located at 12 Myrtle Boulevard and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 217 Parcel 342 on the grounds of practical difficulty and/or unnec- essary hardship. Mr. Zawel presented his application to the Board and said that they were a family of four in a house that only has two bedrooms . The applicant said that at pre- sent they do not have adequate living or storage space and some of their furniture and clothing is in storage. Mr. Zawel said they were building along the existing side lines and they were providing additional insulation. It was pointed out that the roof line of the addition would not project above the ridge of the existing dwell- ing and the addition would conform to the existing con- struction. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin -Aye Commissioner Moore - Aye Commissioner Carr - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mr. and Mrs . Stephen Zawel have sub- mitted an application to the Building Inspec- tor to allow the construction of a 22 story addition at the rear of the dwelling maintain- ing an existing non-conforming side yard of 5.6 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 89-35 Subsection B (2) (a) "Construc- tion Requirements for an R-6 One Family Resi- dential District" which requires a minimum side yard of 8 ft. on the premises located at 12 Myrtle Boulevard and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 217 Parcel 342; and WHEREAS, Mr. and Mrs . Stephen Zawel have sub- mitted an application to this Board for a vari- ance on the ground of practical difficulty and/ or unnecessary hardship for the following reasons : 1 . The applicant's family consists of four including two children and the house is extremely cramped. 2. The kitchen is too small to ac- commodate eating and the two bedrooms do not provide adequate storage nor living space. 3. Because of the limited space it is necessary for the applicants to store some their furniture and cloth- ing. 4. The downstairs bathroom is in total disrepair and the pipes have burst due to insufficient insulation. 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 . That the proposed addi- tion will maintain an exist- ing side yard. 2. The addition will provide much needed living and stor- age space in the existing small dwelling. 3. That the proposed addi- tion can only be located at the rear of the dwelling due to the layout and location of existing facilities . 4. That said circumstances or conditions are such that the particular application of the Ordinance with respect to Article VI Section 89-35 Subsection B (2) (a) "Construc- tion Requirements for an R-6 One Family Residential Dis- trict" would deprive the ap- plicant 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 in- tent of the Ordinance and will not be injurious to the neigh- borhood or otherwise detri- mental 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 (2) (a) "Construction Requirements for an R-6 One Family Residential District" be varied and modified so as to allow the con- struction of a 2 z story addition at the rear of the dwelling maintaining an existing noncon- forming side yard of 5.6 ft.+ on the premises located at 12 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaro-1 a721( neck as Block 217 Parcel 342 in strict confor- mance 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 last appli- cation . APPLICATION NO. 5 - CASE 533 Application of Rosenshein Associates, Inc. for modifi- cation of variance granted by Zoning Board Resolution dated February 28, 1979 permitting the construction of a building having a rear yard of 10 ft. so as to allow the construction of a 5 ft. wide access deck at the rear of the building creating a rear yard of 5 ft. on the premises located at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407 Parcel 192 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Rosenshein appeared before the Board and said that the proposed plan would simplify and improve the construc- tion allowing for an increased landscaped area in the rear. The applicant said that the original plan had shown several accesses in the rear and they felt that the new plan showing only one access would discourage vandalism. Mr. Rosenshein stated that his Building Super- intendent had suggested the new plan and they thought that aesthetically and from the point of view of security it was a better design. The Board discussed the application and decided that they would prefer the plan to show two accesses and stair- ways instead of the one proposed and asked Mr. Rosenshein if he would be willing to amend the plan. Mr. Rosenshein agreed to amend the plan to show the two accesses and the Board voted on the amended plan. The result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye Commissioner Carr Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Rosenshein Associates, Inc. have sub- mitted an application to the Building Inspec- tor to permit the construction of a 5 ft. wide access deck at the rear of the building creat- ing a rear yard of 5 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 Board Resolution dated February 27, 1979 which permitted the construction of a build- ing having a rear yard of 10 ft. ; and WHEREAS, Rosenshein Associates, Inc. have sub- mitted an application for a variance on the ground of practical difficulty and/or unnec- essary hardship for the following reasons: 1 . Improvements in design to sim- plify and improve construction. 2. To allow for increased landscaped area in rear. 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, WHEREAS, this Board has requested the appli- cant to amend the plan to show an additional access at the rear in accordance with an amended plan; 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 conditions are as follows : 1 . That the proposed 5 ft. wide deck will provide better access and security at the rear of the building . 2. That a larger landscaped area would be provided at the rear of the building. (c) That the granting of the vari- ance will be in harmony with the gen- eral purposes and intent of this Ordi- nance and will not be injurious to the neighborhood or otherwise detri- mental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that the variance granted by the Zoning Board Resolution dated February 28, 1979 permitting the construction of a build- ing having a rear yard of 10 ft. be varied and modified so as to allow the construction of a 5 ft. wide access deck at the rear of the building creating a rear yard of 5 ft. on the premises located at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407 Parcel 192 in strict conformance with plans filed with this application and amended 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. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 10:00 P.M. Rita A. Johnson), Secretary Zf '7