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HomeMy WebLinkAbout1970_04_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD APRIL 22, 1970, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER In the absence of Mr. Eggers, the meeting was called to order by the acting Chairman, Mr. Wassman at 8:15 P.M. ROLL CALL Present: Mr. E. Robert Wassman, acting Chairman Mr. Henry E. Mullick Mr. Price H. Topping Absent: Mr. Richard F. Eggers Mr. Donald D. Geary, Jr. Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of March 25, 1970 were presented and on motion duly made and seconded ap- proved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Sec- retary presented for the record the affidavit of publication of the notice of hearing. Mr. Wassman explained to the two applicants that because there were only three members present their application would have to be passed unanimously and they had the privilege of adjourning their applica- tions to a later meeting without penalty. Mr. Peter Mosher of 200A Myrtle Boulevard, the Attor- ney for the second applicant, Mr. Joseph Pittera requested that their application be adjourned to the next Zoning Board meeting on May 27, 1970 but Mr. Gagliardi the first applicant declined to adjourn. The Chairman requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 323 Application of Mr. Anthony Gagliardi, Jr. for modi- fication of Article IV Section 410 Schedule of Resi- dence District Regulations for an R-6 Residential District of the Zoning Ordinance so as to allow the construction of two dormers at the rear of the dwell- ing having a rear yard of 12.5 feet instead of the required minimum rear yard of 25 feet on the premises 11. located at 92 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 55 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Gagliardi appeared before the Board and stated that they were desirous of increasing their family but they did not have enough space in the present dwelling. The applicant said he had purchased the house about three years ago and had one child at that time but they now have two children. Mr. Gag- liardi said that there is already a room in the attic but the purpose of putting in the two dormers was for additional light and ventilation. There is pre- sently one bathroom dormer there and a window on each side of the dwelling. The Chairman asked Mr. Gagliardi about the topography of the lot and the applicant stated that the property on either side was vacant but that there was a house in the rear. The Board pointed out that the property in the rear was higher and there was a large stone- wall. The Board, also, pointed out that the house was built under the old Zoning Ordinance which at that time only required a rear yard of 1211 feet. Mr. Gagliardi stated that the addition of the two dormers will give them more room for his family and there is no other feasible way to add space that was financially practical. After further discussion a vote was taken on the application and the result was as follows: Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Topping - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Anthony Gagliardi, Jr. has submitted an application for a building permit to the Building Inspector for the construction of two dormers at the rear of the dwelling 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 Ordinance of the Town of Mama- roneck with particular reference to Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-6 Residential District of the Zoning Ordinance which requires a minimum rear yard of 25 feet on the premises located at 92 Myrtle Boule- yard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 55; and WHEREAS, Mr. Anthony Gagliardi, Jr. has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Addition will add extra room for the applicant's two children. 2. There is no other feasible location for the addition that is financially practical. WHEREAS, this Board has examined the plans, reviewed the application and has heard all persons interested in this applica- tion after publication of a notice thereof; NOW, THEREFORE, BE IT RESOLVED, that this Board grants the ap- plication on the following grounds: 4110 (a) That there are special circumstances and conditions applying to the land and/or building for which a variance is sought, which circumstances and/or conditions are peculiar to such land and/or buildings and do not apply generally to the land and/or buildings in the district, and which circum- stances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regula- tions appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. The proposed addi- tion will not increase the non-conformity of the rear yard. 2. The addition will provide more light, air and wall space. 3. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV, Section 410 would de- prive the applicant of the reasonable use of such land and/or building and that for these reasons the grant- ing of the variance is necessary for the reasonable use of the land and/or building and that the variance as granted by this Board is the minimum adjust- ment that will accom- plish this purpose. (c) That the granting of this variance will be 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 it is FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-6 Residential District of the Zoning Ordinance so as to allow the construction of two dormers at the rear of the dwelling having a rear yard of 12.5 feet instead of the required minimum rear yard of 25 feet on the pre- mises located at 92 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 55 in strict conformance with the plans filed with this application and amended, provided that the applicant complies in all other respects with the Zoning Ordi- nance 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 build- ing permit shall be void if construction is not started within six months and com- pleted within two years of the date of //3 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 meeting it was adjourned at 8:35 P.M. (i) Rita A. Johnson, ecretary