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HomeMy WebLinkAbout1989_10_26 Zoning Board of Appeals Minutes MINUTES OF THE REGULAR MEETING OF THE „✓ ZONING BOARD OF THE TOWN OF MAMARONECK OCTOBER 26, 1989, IN THE SENIOR CENTER, TOWN CENTER 740 WEST BOSTON POST ROAD MAMARONECK, NEW YORK Present: Joel Negrin, Chairman Patrick B. Kelleher J. Rene Simon Arthur Wexler Absent: Thomas E. Gunther Also Present: Lee A. Hoffman, Jr. , Counsel William E. Jakubowski, Building Inspector Marci Altman, Public Stenographer Carbone, Kazazes & Associates 225 Mount Pleasant Avenue Mamaroneck, NY 10543 Bonnie M. Burdick, Recording Secretary CALL TO ORDER ,� The meeting was called to order by Chairman Negrin at 8:27 PM. APPROVAL OF MINUTES On motion of Mr. Simon, seconded by Mr. Wexler, the minutes of the meeting of May 24, 1989 were unanimously approved. On motion of Mr. Kelleher, seconded by Mr. Simon, the minutes of the meeting of June 26, 1989 were unanimously approved as corrected. On motion of Mr. Kelleher, seconded by Mr. Wexler, the minutes of the meeting of July 26, 1989 were unanimously approved. APPLICATION NO. 1 - CASE 932 The Recording Secretary read the application as follows: Application of Ms. Ruth Siegel requesting a variance from Section 89-44 D to retain a six (6) foot high stockade fence at the front property line [four (4) feet height maximum permitted) , in a Residence Zone District, on the premises located at 1175 Old White Plains Road and known on the Tax Assessment of the Town of Mamaroneck as Block 33 Parcel 992. Mr. and Mrs. Siegel appeared on behalf of the application. They stated that the fence is necessary for two reasons. Sewer gas leaks at the front of this lot kill everything which has been planted. The Siegels �r have tried at least three times to plant shrubs and trees along Old White Plains Road and have taken legal action against Con Edison. The cost of the fruitless planting and legal fees has been extremely October 26, 1989 -2- high. At least two-thirds of the front lot is affected by the sewer gas. Also, lights from cars coming down the hill of Wagon Wheel Close shine into the Siegels' living room windows. Mr. Negrin stated that he has a problem generally with granting variances for six-feet high fences and particularly with this case. He stated that he did not want to see a series of walls along such streets as Old White Plains Road and Weaver Street. Four-feet high fences allow walkers and bikers to see into the yard and do not change the neighborhood as much. Mr. Negrin questioned the amount of relief afforded from headlights by the extra two feet. Mr. Siegel stated that he and his wife were seeking privacy but not complete seclusion as evidenced by the two open driveway entrances. He reiterated that many trees and shrubs have died and that more are currently dying. On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Kelleher, seconded by Mr. Simon, the following resolutions were unanimously adopted: WHEREAS, Ruth Siegel has submitted an application to the Building Inspector, together with plans, to retain a six-foot high fence on the premises located at 1175 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamroneck as Block 333 Parcel 992; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-44 D; and WHEREAS, Mrs. Siegel submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and 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; October 26, 1989 -3- NOW, THEREFORE, BE IT RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The applicant is experiencing unusual hardship as leaking sewer gas kills any plant that has been installed as screening in much of the front yard. 2. The applicant has made at least three attempts to alleviate the problem but the circumstances are unusual and beyond her control 3. The grade of the lot is below street level and substantially below the grade of Wagon Wheel Close, which is opposite the lot. 4. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 5. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 6. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-44 D of the Zoning Ordinance be varied and modified so as to allow the retention of a six-foot high fence on the premises located at 1175 Old White Plains Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 333 Parcel 992 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, 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; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. October 26, 1989 -4- APPLICATION NO. 3 - CASE 940 The Recording Secretary read the application as follows: Application of Mr. and Mrs. K. Barish requesting a variance from Section 89-33 B(2)(a) & (b) to reduce the side yard from 10.0 feet required to 6.2 feet and the total side yards from 25.0 feet required to 13 .9 feet, in an R-10 Zone District, for the proposed construction of a second floor dormer which will increase the extent by which the existing structure fails to meet the requirements pursuant to Section 89-57 on the premises located at 209 Mulberry Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 421. Lawrence Gordon, architect, appeared with the applicants. The proposal is to extend a small room which is currently little more than a landing into a playroom in a small house. A dormer will be added above the side yard. Space is needed for the Barishes' young children to play and entertain their friends and for a guest room. The siding and roofing will be matched with that on the house. The house which is approximately 1700 square feet is set on a triangular lot which is approximately 6000 square feet. Favorable letters from the two neighbors who are most affected by the plan were submitted and will become a part of the record. On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Simon, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Mr. and Mrs. K. Barish have submitted an application to the Building Inspector, together with plans, to construct a second floor dormer on the premises located at 209 Mulberry Lane and known on the Tax Assessment Map of the Town of Mamroneck as Block 212 Parcel 421; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-33 B(2)(a) & (b) ; and WHEREAS, Mr. and Mrs. Barish submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and October 26, 1989 -5- 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 finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The property is generous in size. Currently the floor area is less than mandated in an R-10 Zone District. 2. There is no other obvious way to add to this house. 3. The proposed dormer will not encroach further into the side yard. 4. The property has an unusual triangular shape which creates small side yards. 5. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 6. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 7. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-33 B(2)(a) & (b) of the Zoning Ordinance be varied and modified so as to allow the construction of a second floor dormer on the premises located at 209 Mulberry Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 421 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, 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; and it is October 26, 1989 -6- FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 4 - CASE 941 The Recording Secretary read the application as follows: Application of Mr. and Mrs. J. Monahan requesting a variance from Section 89-34B (2)(a) to reduce the side yard from 10.0 feet required to 5.8 feet, in an R-7.5 District, to retain a screened porch and deck which increases the extent by which the existing structure fails to meet the requirements pursuant to Section 89-57 on the premises located at 104 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 406 Parcel 22. Mark Mustacato, architect, appeared on behalf of the applicants. He stated that Mr. Monahan had built the deck and porch in ignorance of the requirements in 1977. The property is nonconforming in width - 48± feet, not 75 feet. The house is set at a slight angle to the property line but, stated Mr. Mustacato, conforms to the neighborhood. It would be a hardship to remove the deck and porch. Mr. Mustacato stated that the Monahans neighbors do not object to the requested variance. On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Wexler, seconded by Mr. Simon, the following resolutions were unanimously adopted WHEREAS, Mr. and Mrs. J. Monahan have submitted an application to the Building Inspector, together with plans, to retain a screened porch and deck on the premises located at 104 Weaver Street and known on the Tax Assessment Map of the Town of Mamroneck as Block 406 Parcel 22; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-34 B (2)(a) ; and WHEREAS, Mr. and Mrs. Monahan submitted an application for a =A. variance to this Board on the grounds of practical difficulty October 26, 1989 -7- and/or unnecessary hardship for the reasons set forth in such application; and 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 finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. The side lot line is similar to those in the vicinity. 2. The rear yard backs up on the play field at Central School affording a good deal of open space. 3. The deck and porch jut out further than the house to the right. Therefore, a problem of spacing relationships is not created. 4. Encroachment of the deck and porch is no different from that of the house. 5. The deck and the porch are well screened. They are barely visible from the street and partially visible from the house next door. 6. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 7. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 8. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish • this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-34 B(2)(a) of the Zoning Ordinance be varied and modified so as to allow the retention of a deck and screened porch on the premises located at 104 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 406 Parcel 22 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is October 26, 1989 -8- FURTHER RESOLVED, that the following condition shall be attached to this variance: The applicant shall use reasonable effort to maintain the existing screening between the deck and the neighboring house. FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, 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; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** APPLICATION NO. 5 - CASE 942 The Recording Secretary read the application as follows: Application of Mr. and Mrs. D. Lescop requesting a variance to retain a deck and above ground swimming pool. The structure as presently exist fail to meet the required 15.0 feet distance separation as the pool is 7.25 from the principal building and 0.0 feet from the deck where 15.0 feet is required pursuant to Section 14.48 A(1) of the Building Code, in an R-15 Zone District, on the premises located at 1211 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 401 Parcel 110. Mr. Simon recused himself from the decision due to a conflict of interest. Mr. Negrin told the applicants that the three members left must decide unanimously to approve or deny the application. Should the vote be split, a non-action would occur, and the matter would be adjourned. Mr. Hoffman explained that the applicants could request an adjournment, which they did not do. Mr. Mustacato, architect, appeared with the Lescops. He stated that the pool had been in place before the Lescops purchased the house. It was probably erected in 1978. The property slopes with the higher part in back of the house. Mr. Mustacato stated that the deck was unintentionally built without a permit. The pool is well gated and well screened. Mr. Mustacato stated that there has been no infringement and that the construction was esthetically pleasing. He stated that the fence will be replaced. Mr. Wexler suggested installing lattice under the deck and something similar under the pool. On motion of Mr. Wexler, seconded by Mr. Kelleher, and with Mr. Simon abstaining, it was unanimously, RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed October 26, 1989 -9- action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Wexler, seconded by Mr. Kelleher, and with Mr. Simon abstaining, the following resolutions were adopted: WHEREAS, Mr. and Mrs. D. Lescop have submitted an application to the Building Inspector, together with plans, to retain an above-ground swimming pool and deck on the premises located at 1211 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamroneck as Block 401 Parcel 110; and; WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 14.48 A(1) ; and WHEREAS, Mr. and Mrs. Lescop submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and 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 finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. In view of the irregular grade, over-sized side yards and the unoccupied property behind the property, this is an unobtrusive request. 2. The wooden deck helps soften the impact which the pool would cause were there no deck. 3. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 4. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 5. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the October 26, 1989 -10- reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 14.48 A (1) of the Zoning Ordinance be varied and modified so as to allow the retention of a deck and above-ground pool on the premises located at 1211 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 401 Parcel 110 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the following condition shall attach to this variance: Lattice or other screening shall be placed around the pool deck to screen the area underneath the deck and the pool. FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, the building permit shall be void if 40.00 construction is not started within six months and completed within two years of the date of said permit; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 6 - CASE 943 This case was not heard and was adjourned. ***** APPLICATION NO. 7. - CASE 944 The Recording Secretary read the application as follows: Application of Mr. and Mrs. J. Kelnberger requesting a variance from Section 89-32 B(2)(a) to reduce the side yard from 10.0 feet required to 9.8 feet, in an R-15 Zone District to retain a rear enclosed porch on the premises located at 48 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 206 Parcel 292. Bill Johnston, attorney, appeared with the Kelnbergers. He stated that a screened porch, which had had a Certificate of Occupancy, was enclosed 25 years ago. There was no change in the footprint, and the variance requested is 2A inches. October 26, 1989 -11- On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were adopted: WHEREAS, Mr. and Mrs. J. Kelnberger have submitted an application to the Building Inspector, together with plans, to retain a rear enclosed porch on the premises located at 48 Mohegan Road and known on the Tax Assessment Map of the Town of Mamroneck as Block 206 Parcel 292; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-32 B(2)(a) ; and WHEREAS, Mr. and Mrs. Kelnberger submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and 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 finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. It would present a hardship to remove the enclosure. 2. The variance is minimal - 2.4 inches at its closest point. 3. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 4. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and October 26, 1989 -12- 5. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-32 B (2)(a) of the Zoning Ordinance be varied and modified so as to allow the retention of a rear enclosed porch on the premises located at 48 Mohegan Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 206 Parcel 292 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution with the Town Clerk and in accordance with Section 89-73 of the Zoning Ordinance, 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; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. APPLICATION NO. 8 - CASE 946 The Recording Secretary read the application as follows: Application of Anita Moy (Sunrise Chinese Kitchen) requesting a variance from Section 89-66 A to reduce the number of off-street parking spaces required from six (6) to zero (0) for the proposed change from a take out facility to a restaurant with on-premises consumption of food, and further, the failure to provide additional parking required increases the extent by which the use fails to conform pursuant to Section 89-57, in a Business "B" District, on the premises located at 176 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 642. Francis Filopowski, attorney, appeared with Mrs. Moy. He explained to the Board that the Sunrise Kitchen had been a take-out restaurant only, the owner wants to convert it to a combined operation keeping the take-out facility and adding six tables with eighteen seats for eating within the restaurant. There would not be waiters. Mr. Filopowski submitted a petition from 220 people requesting a facility with seats. This will become a part of the record. Mr. Filopowski stated that the restaurant has significant pedestrian business who are residents of the many neighboring apartment houses and commuters. At night, the only other open restaurant is the Italian restaurant on Madison Avenue. October 26, 1989 -13- Discussion centered on the availability of parking in the area. Mr. Filopowski stated that spaces open up in the Town of Mamaroneck area across the street from the restaurant about 4:30 or 5:00. In addition, most patrons during the lunch period are pedestrians. Mr. Wexler reminded the Board of the changes occurring in the neighborhood with the former Daitch market renovation and the Coughlin Realty building construction start. Mr. Filopowski stated that it appeared that there was more than ample space for parking in the area. Mr. Wexler suggested that Mrs. Moy try to obtain three permits for the Town parking lot. It was pointed out that these spaces are reserved for Town residents. On motion of Mr. Wexler, seconded by Mr. Simon, it was unanimously RESOLVED, that the Zoning Board of Appeals is the Lead Agency and solely responsible for determining whether the proposed action may have a significant impact on the environment; and it is FURTHER RESOLVED, that this is a Type II Action having no significant impact on the environment as determined by New York State or corresponding local law, therefore requiring no further action under SEQRA. On motion of Mr. Wexler, seconded by Mr. Kelleher, the following resolutions were unanimously adopted: WHEREAS, Anita Moy (Sunrise Kitchen) has submitted an application to the Building Inspector, together with plans proposing changing the restaurant from a take out facility to a restaurant with on-premises consumption of food on the premises located at 176 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamroneck as Block 133 Parcel 642; and WHEREAS, the Building Inspector has declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Section 89-66 A; and WHEREAS, Mrs. Moy (Sunrise Kitchen) submitted an application for a variance to this Board on the grounds of practical difficulty and/or unnecessary hardship for the reasons set forth in such application; and 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 October 26, 1989 -14- RESOLVED, that this Board finds that there are special circumstances and/or conditions applying to the land for which the variance is sought on the following grounds: 1. It is a practical difficulty to provide parking spaces at this time. 2. The addition of seating in the restaurant will not create a substantial increase in the need for parking. 3. The variance granted is the minimum to alleviate the practical difficulty detailed in the application. 4. The granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and 5. The strict application of the Zoning Ordinance and Town Code would deprive the applicants of the reasonable use of the land and/or building and that the variance granted by this Board will accomplish this purpose; and it is FURTHER RESOLVED, that a variance is hereby granted and that Section 89-66 A of the Zoning Ordinance be varied and "�, modified so as to allow the installation of tables and chairs in a take-out restaurant facility and, further, to allow the restaurant to operate without providing 6 off-street parking spaces on the premises located at 176 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 133 Parcel 642 in strict conformance with the plans filed with this application and any conditions set forth in these resolutions, provided that the applicants comply in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and it is FURTHER RESOLVED, that the following conditions shall attach to this variance: 1. This variance shall run concurrently with the period of time of the special permit which is being sought. 2. The applicant shall attempt to obtain, if possible, three parking spaces in the Town of Mamaroneck parking area across from the restaurant. 3. The restaurant shall operate without waiter service. FURTHER RESOLVED, that the applicant shall obtain a building permit within six months of the filing of this Resolution October 26, 1989 -15- ,t► with the Town Clerk and in accordance with Section 89-73 of `_ the Zoning Ordinance, 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; and it is FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ***** FUTURE MEETINGS It was decided that the next meeting of the Board would be Wednesday, November 29, 1989. The December meeting, should one be necessary, will be Thursday, December 14, 1989. ADJOURNMENT On motion of Mr. Kelleher, seconded by Mr. Simon, the meeting was adjourned at 10:15 PM. Bonnie M. Burdick C