HomeMy WebLinkAbout1982_10_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE
TOWN OF MAMARONECK HELD OCTOBER 27, 1982 , 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
Mr. Peter D. Mosher
Absent: Mr. Egbert R. Hardesty
Also present: Mr. William Paonessa, Building Inspector
APPROVAL OF MINUTES
The minutes of the meeting of September 22 , 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. Boraczek asked the Secretary to read the first appli-
cation that had been held over from the last meeting.
APPLICATION NO. 1 - CASE 604
Application of Mrs. Marlene Shyer for modification of
Article VI Section 89-34 Subsection B (2) (a) "Construc-
tion Requirements for an R-7.5 One Family Residence Dis-
trict" which requires a minimum side yard setback of 10
ft. to permit an existing kitchen extension having a side
yard setback of 4.0 ft. and a roofed porch and deck hav-
ing a 0 ft. setback on the premises located at 4 Villa
Lane and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 110 Parcel 557 on the grounds of prac-
tical difficulty and/or unnecessary hardship.
Mrs. Shyer was represented by her Attorney, Mr. George
Forbes, who said that the case had been presented at last
month' s hearing and they had said they would try to ex-
change property with the adjoining neighbor so that the
addition would be on the Shyer' s property. Mr. Forbes
said they tried to see if the adjoining property owners
would give anymore land but the answer was no. Mr. Forbes
stated that he proceeded to prepare the contract which
had been signed and the main problem is whether or not
it will affect the neighbor since the encroachment is
• N`3 9 l
separated by rocks and heavy foliage.
After further discussion the Board decided to vote on
the application and the result was as follows:
Commissioner Boraczek - Aye
Commissioner Moore - Nay
Commissioner Carr - Aye
Commissioner Mosher - Aye
The application was therefore approved and the following
Resolution adopted:
WHEREAS, Mrs. Marlene Shyer has submitted an
application to the Building Inspector to per-
mit the existing kitchen extension having a
side yard of 4.0 ft. and a roofed porch and
deck having a 0 ft. setback, 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) (a) "Con-
struction Requirements for an R-7.5 One Family
Residence District" which requires a minimum
side yard setback of 10 ft. on the premises
located at 4 Villa Lane and known on the Tax
Assessment Map of the Town of Mamaroneck as
Block 110 Parcel 557; and
WHEREAS , Mrs. Marlene Shyer has submitted an
application to this Board for a variance on
the ground of practical difficulty and/or un-
necessary hardship for the following reasons:
1 . The builder did not advise that
a building permit was needed for the
addition and building was completed
without a permit. Applicant did not
know that a permit was needed.
2. Building now encroaches on neigh-
bor' s property. The neighbor has
agreed to convey the encroached area
to applicant and applicant will in
turn convey to neighbor parcel of
equal area in order to maintain area
of both properties.
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 :
1 . That the owner was unaware that
a building permit was necessary for
the construction of the addition and
that her contractor did not obtain
said permit.
2. That the building contractor had
constructed a portion of the addition
on the adjoining neighbor's property.
3. That the applicant tried and failed
to obtain from his neighbor the neces-
sary land in order to conform with
the Zoning requirements.
4. That his neighbor would only agree
to transfer enough land to cover the
encroachment of the addition.
5. That the transfer of the land will
not affect the conformity of the
adjoining neighbor' s property.
6 . That said circusmtances and con-
ditions are such that the particular
application of the Ordinance with
respect to Article VI Section 89-34
Subsection B (2) (a) "Construction
Requirements 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
accomplish this purpose.
7. That the granting of the variance
is in harmony with the general pur-
poses and intent of the Ordinance
and will not be injurious to the neigh-
borhood or otherwise detrimental to
the public welfare; and it is
FURTHER RESOLVED, that a variance is hereby
granted and that Article VI Section 89-34 Sub-
section B (2) (a) "Construction Requirements
for an R-7.5 One Family Residence District"
be varied and modified so as to permit an exist-
ing kitchen extension having a side yard of
4.0 ft. and a roofed porch and deck having
a 0 ft. setback on the premises located at
4 Villa Lane and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 110
Parcel 557 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 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 605
Application of Mr. Ronald DeCosimo for modification of
Article VI Section 89-35 Subsection B (2) "Construction
Requirements for an R-6 One Family Residence District"
which requires a minimum side yard of 8 ft. to allow
the construction of an accessory structure in the side
yard having a side yard setback of 2' 0" on the premises
located at 134 Laurel Avenue and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block 124 Parcel
297 on the grounds of practical difficulty and/or unnec-
essary hardship.
Mr. DeCosimo was unable to attend the meeting and was
represented by his wife. Mrs. DeCosimo said if the shed
was placed in the rear yard they would have to climb
over the rock. The Board questioned as to what the shed
was to be used for and the applicant said for garden
tools, snow blower, etc.
Mr. Boraczek said he was concerned about safety and felt
the space between the proposed shed and house would not
be sufficient for emergency equipment to go through.
The Board, also , questioned about the size of the shed
and asked if it could not be cut back to a smaller size.
Mrs. DeCosimo felt her husband would be better able to
answer questions and the Board asked if she wanted to
adjourn the application to the next meeting. Mrs. DeCos-
imo decided she would postpone the application to the
meeting of December 1st when her husband could attend.
The Chairman asked the Secretary to read the next appli-
cation.
APPLICATION NO. 3 - CASE 606
Application of Mr. Heinz Ohlenforst for modification
of Article VI Section 89-35 Subsection B (1 ) "Construc-
tion Requirements for an R-6 One Family Residence Dis-
trict" which requires a minimum front yard setback of
30 ft. to allow the construction of a two story addition
at the northeast side of the dwelling having a front
yard setback of 29. 4 ft. more or less on the premises
located at 52 Cooper Lane and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block 217 Parcel
482 On the grounds of practical difficulty and/or unnec-
essary hardship.
Mr. Ohlenforst, the applicant said that at present he
has two small rooms and wants to extend the porch. Mr.
Ohlenforst stated he wants to keep the line of the house
as it would look better than if he had to recess.
Mr. Moore questioned as to whether it would encroach
on the driveway and it was pointed out that the proposed
addition will only extend a '2 ft. in front.
Mr. Ohlenforst said he thought the addition would improve
the neighborhgod and after further discussion the Board
decided to vote on the application. The result was as
follows :
Commissioner Boraczek - Aye
Commissioner Moore - Aye
Commissioner Carr - Aye
Commissioner Mosher - Aye
The application was therefore approved and the follow-
ing Resolution adopted:
WHEREAS, Mr. Heinz Ohlenforst has submitted an
application to the Building Inspector to allow
the construction of a two story addition at the
northeast side of the dwelling having a front
yard setback of 29.4 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 the Zoning Ordi-
nance of the Town of Mamaroneck with particular
reference to Article VI Section 89-35 Subsection
B (1 ) "Construction Requirements for an R-6 One
Family Residence District" which requires a mini-
mum front yard setback of 30 ft. on the premises
located at 52 Cooper Lane and known on the Tax
Assessment Map of the Town of Mamaroneck as Block
217 Parcel 482; and
WHEREAS, Mr. Heinz Ohlenforst has submitted an
application for a variance on the ground of prac-
tical difficulty and/or unnecessary hardship
for the following reasons :
1 . Applicant finds that the size of his
home is not large enough to accommo-
date any additional growth in his
family and since he is planning to
have a larger family more room is
necessary.
2. The applicant loves the neighbor-
hood and feels it is a good environ-
ment.
3. For the reasons above the appli -
cant does not want to move and is
requesting the zoning variance.
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 the 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 ad-
dition will not project
into the front yard any
further than the existing
dwelling.
2. The proposed addition
will provide extra room
for the applicant' s family.
3. That said circumstances
or conditions are such that
the particular application
of the Ordinance with res-
pect to Article VI Section
89-35 Subsection B (2) "Con-
struction Requirements for
an R-6 One Family Residence
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.
4. That the granting of
the variance is in harmony
with the general purposes
and intent of this Ordinance
and will not be injurious
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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 89-35 Sub-
section B (1 ) "Construction Requirements for
an R-6 One Family Residence District" be varied
and modified so as to allow the construction
of an addition at the northeast side of the
dwelling having a front yard setback of 29. 4
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 the 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 607
Application of Mrs. Beatrice Howe for modification of
Article VI Section 89-36 Subsection B (2) (b) and B (3)
"Construction Requirements for an R2F District" which
requires a total of both side yards of 18 ft. and a mini-
mum rear yard of 25 ft. to allow the construction of
an addition at the rear of the dwelling for a bedroom
and deck having a total of both side yards of 16.4 ft.
and a rear yard of 17 ft. on the premises located at
11A Garit Lane and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 402 Parcel 160 on the
grounds of practical difficulty and/or unnecessary hard-
ship.
Mrs. Howe spoke for her mother-in-law and said that their
main reason for wanting the bedroom and bath on the main
level is because she and her husband and baby plan to
move there. Mrs. Howe said they did not want the ap-
plicant to have to climb stairs since she had fallen
last year coming down the stairs and broke her hip.
Mrs. Howe pointed out that there was already a half bath-
room and room which they want to enlarge to make a bed-
room and full bath for the applicant.
Mr. Boraczek questioned as to whether the addition could
be cut back 42 ft. but it was pointed out that it would
make one less window and the plan does not show any win-
dows in the rear since they are concerned about the noise
from the reailroad.
Mr. Paonessa said that the property slopes up in the
rear and there is very little usable yard space between
the proposed addition and the bottom of the slope .
Mr. D' Ambrosio of 11 Garit Lane who is the adjoining
neighbor said he was concerned about how it would affect
his view. The Chairman explained the plan and asked
if Mr. D'Ambrosio was satisfied. Mr. D'Ambrosio said
he approved the application.
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
Commissioner Mosher - Aye
The application was therefore approved and the follow-
ing Resolution was adopted:
WHEREAS, Mrs. Beatrice Howe has submitted an
application to the Building Inspector to allow
the construction of an addition at the rear
of the dwelling having a total of both side
yards of 16.4 ft. and a rear yard of 17 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 Zcn-
ing Ordinance of the Town of Mamaroneck with
particular reference to Article VI Section 89-36
Subsection B (2) (b) and B (3) "Construction
Requi rements for an R-2F District" which requires
a total of both side yards of 18 ft. and a mini-
mum rear yard of 25 ft. on the premises located
at 11A Garit Lane and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block
402 Parcel 160; and
WHEREAS , Mrs. Beatrice Howe has submitted an
application for a variance on the ground of
practical difficulty and/or unnecessary hard-
ship for the following reasons :
1 . The applicant has been living
alone in the house and is elderly.
Last year she fell coming down the
stairs from her bedroom in the night
and broke her hip.
2. The bedroom is needed on the main
floor so she won ' t have to climb stairs
anymore and the existing half bath
is to be made into a full bath.
3. The applicant' s son and his wife
and baby will be moving in with her
as she can no longer maintain the
care of the house on her own.
4. Since there is no real yard to
speak of, on the properly, the deck
will be utilized for family recrea-
tion and enjoyment of the outdoors.
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 bedroom and
bath so the applicant will
not have to climb stairs .
2. The proposed deck will
provide an outdoor area
which will be more usable
since because of the topo-
graphy of the lot there is
no real backyard.
3. That said circumstances
or conditions are such that
the particular application
of the Ordinance with res-
pect to Article VI Section
89-36 Subsection B (2) (b)
and B •(3) "Construction
Requirements for an R2F
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.
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 89-36 Sub-
section B (2) (b) and B (3) "Construction Require-
ments for an R-2F District" be varied and modified
so as to allow the construction of an addition
at the rear of the dwelling for a bedroom and
deck having a total of both side yards of 16.4 ft.
and a rear yard of 17 ft. 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. 5 - CASE 608
Application of Mr. and Mrs. S. Hoffman for modification
of Article VI Section 89-34 Subsection B (3) "Construc-
tion Requirements for an R-7. 5 One Family Residence Dis-
trict" which requires a minimum rear yard of 25 ft. to
allow the construction of a screen porch at the rear
of the dwelling having a rear yard of 16 ft. on the pre-
mises located at 65 Edgewood Avenue and known on the
Tax Assessment Map of the Town of Mamaroneck as Block
126 Parcel 108 on the grounds of practical difficulty
and/or unnecessary hardship.
Mr. Hoffman said they would like to enclose an area that
already exists at the rear of the house. The applicant
said that by putting on a roof it will not change the
profile of the house or the dimensions. Mr. Hoffman
said they want to keep away from the bugs and mosquitoes
and there is already a patio there about 3 ft. above
the ground which was built at the same time as the origi-
nal house.
Mr. Paonessa said the original house was built with a
terrace and at that time there were no requirements for
decks , patios or terraces. Mr. Paonessa, also, pointed
out that since the house was built the zoning had been
upgraded.
Mr. Moore questioned about the height of the ceiling
on the porch and said that it was much higher than what
they really needed.
After further discussion a vote was taken on the appli-
cation and the result was as follows:
Commissioner Boraczek - Aye
Commissioner Moore - Aye
Commissioner Carr - Aye
Commissioner Mosher - Aye
The application was therefore approved and the following
Resolution adopted:
WHEREAS, Mr. and Mrs. S. Hoffman have submitted
an application to the Building Inspector to
allow the construction of a screen porch at
the rear of the dwelling having a rear yard
of 16 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 89-34
Subsection B (3) "Construction Requirements
for an R-7. 5 One Family Residence District"
which requires a minimum rear yard of 25 ft.
on the premises located at 65 Edgewood Avenue
and known on the Tax Assessment Map of the Town
of Mamaroneck as Block 126 Parcel 108; and
WHEREAS, Mr. and Mrs. S. Hoffman have submitted
an application for a variance on the ground
of practical difficulty and/or unnecessary hard-
ship for the following reasons :
1 . Construction of a screened porch
would afford the applicant's family
a bug-free out-of-doors environment
during warm weather periods .
2 . The property is such that there
is no other place except the rear
where the porch could be built.
3. The rear of the house is only
28 ft. from the property line.
4. There already exists a concrete
terrace which extends 12 ft. from
the rear of the house.
5. There is an existing terrace that
the applicant wishes to screen in .
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 screened
porch will enclose an exist-
ing terrace and provide a
bug-free out-of-doors area
for the applicant' s enjoy-
ment during warm weather
periods.
2. That said circumstances
or conditions are such that
the particular application
of the Ordinance with res-
pect to Article VI Section
89-34 Subsection B (3) "Con-
struction Requirements for
an R-7.5 One Family Residence
District" 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.
3. 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 (3) "Construction Requirements for
an R-7.5 One Family Residence District" be varied
and modified so as to allow the construction
of a screen porch having a rear yard of 16 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 Mama-
roneck .
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. 6 - CASE 609
Application of Mr. and Mrs. Paul Danola for modification
of Article VI Section 89-34 Subsection B (2) (a) & (b)
"Construction Requirements for an R-7.5 One Family Resi-
dence District" which requires a minimum side yard of
10 ft. and a total of both side yards of 20 ft. to allow
the construction of a 2nd story addition which will main-
tain an existing nonconforming side yard of 4.3 ft. and
a total of both side yards of 13.5 ft. on the premises
located at 26 Mountain Avenue and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block 116 Parcel
324 on the grounds of practical difficulty and/or unnec-
essary hardship.
Mr. Danola, the applicant said that they presently have
a very small two bedroom house and the rooms are extremely
small . The applicant said they would like to raise a
family and have three nice size bedrooms and two baths.
Mr. Danola further said that they want -bp keep the appear-
ance of the house (Victorian) and the addition is conform-
to the existing structure. The applicant, also, said
that they owned the house for three years and the house
was originally a summer residence.
Mr. Moore asked if the applicant planned to do any exca-
vating in the cellar and Mr. Danola said no. It was pointed
out that because of the topography of the lot and the
amount of rock in front they could not build there.
After further discussion a vote was taken and the result
was as follows :
Commissioner Boraczek - Aye
Commissioner Moore - Aye
Commissioner Carr - Aye
Commissioner Mosher - Aye
The application was therefore approved and the following
Resolution was adopted:
WHEREAS , Mr. and Mrs . Danola have submitted
an application to the Building Inspector to
allow the construction of a 2nd story addition
which will maintain an existing nonconforming
side yard of 4.3 ft. and a total of both side
yards of 13.5 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 Ordinance of the Town of Mamaroneck with
particular reference to Article VI Section 89-34
Subsection B (2) (a) & (b) "Construction Require-
ments for an R-7.5 One Family Residence District"
which requires a minimum side yard of 10 ft.
and a total of both side yards of 20 ft. on
the premises located at 26 Mountain Avenue and
known on the Tax Assessment Map of the Town
of Mamaroneck as Block 116 Parcel 324; and
WHEREAS, Mr. and Mrs. Paul Danola have submitted
an application for a variance on the ground
of practical difficulty and/or unnecessary hard-
ship for the following reasons :
1 . If the applicant complied with
the Ordinance they would only be
able to provide narrow 5-6 ft. wide
rooms on the second floor (east).
2. Any building at the rear of the
structure would be costly and diffi-
cult because of the rocks and boulders
that would have to be removed with
little access to the elevated rear
of the property.
3. The proposed structure will ad-
here mostly to the first floor dimen-
sions.
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 . That the topography of
the lot which is rock ledge
and slopes up to the rear
would not provide suitable
room for the addition.
2. The addition will pro-
vide the applicant with extra
room in order to make the
house more in conformance
with other homes in the neigh-
borhood.
3. The proposed second story
addition will not be any
closer in the side yards
than is now existing.
4. That said circumstances
and/or conditions are such
that the particular appli-
cation of the Ordinance with
respect to Article VI Sec-
tion 89-34 Subsection B (2)
(a) & (b) "Construction Require-
ments for an R-7. 5 One Family
Residence District" would
deprive the applicant of
-ZL{ 0\'
the reasonable use of the
land and/or building and
Q
that the variance as granted
by this Board is a minimal
adjustment that will accom-
plish 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 (2) (a) & (b) "Construction Require-
ments for an R-7.5 One Family Residence Dis-
trict" be varied and modified so as to allow
the construction of a 2nd story addition main-
taining an existing nonconforming side yard
of 4.3 ft. and a total of both side yards of
13. 5 ft. on the premises located at 26 Moun-
tain Avenue and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 116
Parcel 324 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 Board decided that since the date for the next regular
meeting would be Thanksgiving Eve they would schedule the
next meeting for the first Wednesday in December.
ADJOURNMENT
There being no further business to come before this meet-
ing it was adjourned at 9:45 P.M.
Rita A. Johns , Secretary
.R`r-d