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HomeMy WebLinkAbout1973_08_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS • OF THE TOWN OF MAMARONECK HELD AUGUST 22, 1973, IN THE AUDI- TORIUM OF THE WEAVER STREET FIPEHOUSE, WEAVER STREET AND EDGE- • WOOD AVENUE, TOWN OF MAMARONECK. �.� CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. Richard F. Eggers, Chairman • Mr. E. Robert Wessman Mr. Egbert R. Hardesty Absent: Mr. Donald D. Geary, Jr. Mr. Andrew W. Boraczek • APPROVAL OF MINUTES • The minutes of the meetings of June 6, 1973 and July 10, 1973 were presented and on motion duly made and • seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing oven and the Sec- • retary presented for the record the affidavit of pub- . lication of the notice of hearing. Mr. Eggers explained to the applicants that since only three members were present the vote would have to be unanimous and they would have the right to a rehearing. • Mrs. McCarthy said she wanted her application heard and the Chairman asked the Secretary to read the first application. • APPLICATION NO. 1 - CASE 391 • Application of Mrs. Mary McCarthy for modification of Article IV Section 410 Schedule of Residence Dis- • trict Regulations for an R-6 Residential District so as to allow an addition and alterations to the • existing breezeway having a setback of 22.5 feet from Daymon Terrace and 18 feet from Senate Place instead of the required minimum setback for structures located • • on corner lots of 30 feet from the street property line and to allow the development of an off-street • parking area within 20 feet of Senate Place instead of the required minimum setback of 25 feet from street • line on the premises located at 1 Senate Place and known on the Tax Assessment Map of the Town of Mama- • roneck as Block 113 Parcel 504 on the grounds of prac- tical difficulty and/or unnecessary hardship. • Mrs. McCarthy presented her application to the Board • and said that if the variance was granted she had a contractor to start the work immediately. It was • pointed out that the Board had approved the same plan and application at a meeting on March 24, 1971 r Yy but "'rs. McCarthy had let the variance expire. The applicant said it was absolutely necessary for her to have the addition and alterations at the pre- sent tire as it is very difficult living in the house the way it is now. Mrs. McCarthy said the only inside entrance to the basement area is through a trap door in the bedroom and there is no place for the appli- cant's sons to sleep as there is only one bedroom in the house. After further discussion a vote was taken on the ar- plication and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner ITardesty - Pare The application was therefore arpr.oved and the fol- lowing Resolution duly adopted: WHEREAS, Mrs. Mary McCarthy has submitted an application to the Building Inspector to allow an addition and alterations to the existing breezeway having a setback of 22.5 feet from Daymon Terrace and 18 feet from Senate Place and to allow the development of an off-street parking area within 20 feet of Senate Place together with nlans; 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 Ar- ticle IV Section 410 Schedule of Pesidence District Regulations for an 7-6 Residen- tial Districtof the Zoning Ordinance which requires a minimum setback for structures located on corner lots of 30 ft. from the street nronerty line and a required minimum setback for off-street parking areas of 25 ft. from the street line on the premises located at 1 Senate Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Par- cel 504; and • WHEREAS, Mrs. Mary McCarthy has submitted to this Board an application for a vari- ance on the ground of practical difficulty and/or unnecessary hardship for the fol- lowing reasons: 1. There is no inside entrance to the basement except through a trap door in the bedroom. 2. There is only one bedroom in the house at present with • 1 (. no den or extra room. 3. Because the garage is being converted it will be necessary to enlarge the blacktop area for off-street narking. WHEREAS, this Board has examined the clans, • reviewed the application and has heard all persons interested in this application • after publication of a notice thereof, • NOW, THEREFORE, BE TT • RESOLVED, that this Board granted the application on the following grounds: (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 have not re- suited from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. The addition and alterations to the existing breezeway will not extend any further than the nre- sent building. 2. Because the gar- age is being converted into an extra room it is necessary to provide a blacktop area for off-street parking. 3. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article TV Section 410 would deprive the applicant of the reasonable use of the land and/or buildings and that for these reasons the granting of the var- lance is necessary for the reasonable use of the land and/ or building and that the variance as granted by this Board is the minimum ad Iustrent that will accomplish this purpose. 4. That the granting of this variance is in harmony with the general purposes and intent of this Ordi- nance and will not be incurious to the neighborhood or other- wise 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 an addition and alterations to the existing breezeway having a setback of 22.5 feet from Daymon Terrace and 18 feet from Senate Place and to allow the develop- ment of an off-street narking area within 20 feet from Senate Place on the premises located at 1 Senate Place and known on the Tax Assessment Map of the Town of. "ama- roneck as Block 112 Parcel 504 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 Zoninr 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 corn- pleted 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 if the second applicant had an- reared and since neither ?'r. Codino nor his rer.resen- tative . was there ?`r.. Eggers said the aprlication • /4 ; 7 would be adjourned to the September meeting. CADJOURNMENT There being no further business to come before this • meeting it was adjourned at 8:35 P.M. • Rita A. Johnson,; Secretary C O 1 `fig .,/