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HomeMy WebLinkAbout1982_09_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD SEPTEMBER 22, 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 August 25, 1982 were pre- sented 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 603 Application of Mr. Robert Mok for modification of Article VI Section 89-35 Subsection B (1 ) "Construction Require- ments for an R-6 One Family Residence District" which requires a minimum front yard of 30 ft. to allow a one story addition at the front of the dwelling having a front setback of 24.7 ft. from Colonial Avenue on the premises located at 14 Colonial Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 120 Parcel 313 on the grounds of practical difficulty and/or unnec- essary hardship. Mr. Mok said that they want the addition so that they can have a vestibule . The applicant said that at present the front door leads directly into the living room and in inclement weather a draft comes into the living room. Mr. Mok stated that he has put up with it for a long time since he and his wife both worked and were not at home that much but he is now retired and feels he needs it now more than before. Mr. Mok further said they need the powder. room downstairs as the bathroom that is pre- sently on the first floor serves for the master bedroom and there is no other place to put in a powder room. The applicant, also, said that he has lived in the house for 11 years and is retired for two years and now feels it is a hardship. Mr. Mok in conclusion said that he particularly needs the powder room when his children come home and bring their friends and for guests. Mr. Moore questioned about the door that according to the plan was to be removed and advised the applicant not to take the second door out. Mr. Mok said he would dis- cuss it with his architect. Mr. Mosher said he was concerned about whether or not it would be inappropriate to permit the violation of the 30 ft. setback as it appears that most of the houses on the street are setback 30 ft. Mr. Carr asked how many bedrooms were in the house and Mr. Mok said there are two upstairs with one bath and the master bedroom is on the first floor. Mr. Mok said he felt the addition would be aesthetically pleasing. After further discussion the Board voted on the applica- tion 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. Robert Mok has submitted an ap- plication to the Building Inspector to allow the construction of a one story addition at the front of the dwelling creating a front setback from Colonial Avenue of 24.7 ft. to- gether with plans ; and WHEREAS , the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zon- ing Ordinance of the Town of Mamaroneck with parcticular reference to Article VI Section 89-35 Subsection B (1 ) "Construction Require- ments for an R-6 One Family Residence District" which requires a minimum front yard of 30 ft. on the premises located at 14 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Parcel 313; and WHEREAS, Mr. Robert Mok has submitted an ap- plication for a variance on the ground of prac- tical difficulty and/or unnecessary hardship for the following reasons : 1 . Present entrance leads directly into the living room bringing in freez- ing cold drafts during winter months and pose a hardship to the applicants who are senior citizens. 2. The applicant needs a powder room to relieve the pressure on the master bathroom by guests and visitors. 3. There is no other spot in the house for the powder room. 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 vestibule to protect the applicant from drafts in the winter months. 2. The powder room will provide an extra bathroom for guests and visitors. 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 (1 ) "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 variance 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 89-35 Subsection B (1 ) "Construction Requirements for an R-6 One Family Residence District" be varied and modified so as to allow the construction of a one story addition at the front of the dwelling creating a front setback of 24.7 ft. from Colonial Avenue 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 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. 2 - CASE 604 Applicqtion 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 of 10 ft. to permit an existing addition which has been constructed with a minimum side yard of 0 ft. on the premises lo- cated 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 practical difficulty and/or unneces- sary hardship. Mr. Boraczek informed the applicant who was represented by Mr. George P. Forbes, an Attorney of 7 Woodland Avenue, Larchmont, New York, that they were already in violation on two points ; #1 that it was built without a permit or variance and #2 that it encroaches on the adjoining neighbor' s property. Mr. Boraczek asked if the appli- cant could not have worked out the question of the pro- perty line in advance of the meeting and Mr. Mosher pointed out that if the exchange as suggested did not come about the Board would have a problem. Mr. Boraczek, also, said that they should forget about what has been done and get the question of the line resolved first. Mr. Forbes said he was hoping that the Board would hear the application and if approved be subject to the appli- cant resolving the exchange of the property with Mr. and Mrs. Marcus. Mr. Boraczek said he did not know how the other members of the Board felt but he would like to hear the case after the property line is settled and Mr. Moore said he would like to see the contract. A letter was read by Mr. Boraczek from Mr. and Mrs . Marcus stating that as neighbors of the applicant on whose pro- erty the encroachment was constructed they have agreed to convey the absolute minimum of their property in return for a conveyance by the Shyers of a vacant parcel of the same area . They also said in the letter they had consented to recommend the granting of the necessary variances. Mrs. Shyer explained that she had no intention of build- ing at the time the work was done and only wanted to extend her small dinette. The applicant said she had gotten a local architect but they could not get a con- tractor because the job was too small . Mrs. Shyer said they finally got a contractor and when she was asked his name she said "Andrew Holding" . Mr. Mosher said that since Mr. Holding was a client of his he asked if he should be disqualified. Mr. Boraczek had said at the beginning of the meeting that he was a friend of the Shyers and if Mr. Forbes thought he should be dis- qualified. Mr. Forbes in both instances replied no. After further discussion the Board requested the appl- cant to obtain a contract of sale conveying the property and return at the next meeting. ADJOURNMENT There being no further business to come befo e this meeting it was adjourned at 9:00 P.M. _' Rita A. Johnso , Secretary