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HomeMy WebLinkAbout1970_01_07 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JANUARY 7, 1970, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD 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 Wassman Mr. Price H. Topping Absent: Mr. Henry Mullick Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the regular meeting of October 22, 1969 and of the special meeting of November 5, 1969 were presented and on motion duly made and seconded, approved 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. The Chairman explained to the applicants that because of the absence of Mr. Mullick and the resignation of Mr. Pelton from the Zoning Board to become a Town Judge there were only three members present and their applications would have to be passed unanimously. Mr. Eggers said they had the privilege of adjourning their application to the next meeting of the Zoning Board without penalty. The first applicant, Mr. Rocco Campanelli asked that his case be postponed until the next meeting but Mr. Ellis who represented Mr. and Mrs. Walsh requested his case be heard. The Chairman requested the Secretary to read the second application. APPLICATION NO. 2 - CASE 319 Application of Mr. and Mrs. P. H. Walsh for modifi- cation 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 attic dormers at the rear of the dwelling having side yards of 5.85 feet and 9.05 feet instead of the required minimum side yards of 8 feet and 10 feet on the premises located at 14 Har- mony Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 409 on the grounds of practical difficulty and/or unnecess- ary hardship. Mr. George F. Ellis of 177 White Plains Road, Tarry- town, an agent for Designers and Remodelers, the con- tractor represented Mr. and Mrs. Walsh and stated that when the plan was submitted to the Building In- spector to construct the attic dormers he was informed that the dwelling was presently non-conforming under the present Zoning Regulations. The applicant said that the house was built prior to the existing Zoning Regulations and the side lines at that time were con- forming. Mr. Ellis said that the Walsh's have six children and need additional bedroom space. The applicant stated that the attic space was the only available area for the extension and the Walsh's had purchased the house approximately 8 or 10 years ago. The Board pointed out that the proposed construction will make three floors of living area and there is presently existing two dormers in the attic, one at the front of the dwelling where the proposed bathroom will be located and one at the rear of the dwelling in the stairwell leading to the attic. The attic space is at present an open area and the proposed dormers will extend the width of the house in the rear of the existing dwelling. It was also pointed out that the proposed alteration will be within the confines of the present structure and there will be no infringement on the existing setbacks. After a short discussion a vote was taken on the ap- plication and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Topping - Aye The application was therefore granted and the follow- ing Resolution was duly adopted: WHEREAS, Mr. and Mrs. P. H. Walsh have submitted an application for a building permit to the Building Inspector for the construction of two attic 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 side yards of 8 feet and 10 feet on the premises located at 14 Harmony Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 409; and WHEREAS, Mr. and Mrs. H. P. Walsh have submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. The family includes six chil- dren and the Walsh's are in need of additional bedroom space. 2. The attic space is the only available area for the extension. 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: (a) That there are special cir- cumstances and conditions apply- ing to the land and/or building for which a variance is sought, which circumstances and/or con- ditions are peculiar to such land and/or buildings and do not apply generally to 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 Zon- ing Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. The proposed dor- mers will be within the confines of the present structure and there will be no infringe- ment on the existing setbacks. `/ C;� 2. Because of the size of the family it is necessary to have additional bed- room space. 3. That said circum- stances or conditions are such that the par- ticular application of the Zoning Ordinance with respect to Art- icle IV Section 410 would deprive the ap- plicant of the reason- able use of such land and/or building and that for these reasons the granting 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 adjustment that will accomplish 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 attic dormers at therear of the dwelling hav- ing side yards of 5.85 feet and 9.05 feet instead of the required minimum side yards of 8 feet and 10 feet on the premises located at 14 Harmony Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 409 in strict conformance with plans filed with this application and amended, pro- vided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaro- neck. 7/6 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 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. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 8:30 P.M. /Z.-I:La 16.4.4-7....-- Rita A. Johns n, Secretary C //0 8,