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HomeMy WebLinkAbout1973_07_10 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 10, 1973, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVE- NUE, 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. Donald D. Geary, Jr. Mr. Andrew W. Boraczek Absent: Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of April 25, 1973 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. OLD BUSINESS - CASE 376 The application of Ford Leasing Development Co. had been heard at the Zoning Board meeting on April 25, 1973 but decision was reserved until after the out- come of a similar application which was pending and scheduled to be heard by the New Rochelle Zoning Board. A copy of the Resolution from the New Rochelle Zoning Board approving the application and filed on July 3, 1973 had been mailed to the Secretary. The vote that had been taken by the Town of Mamaro- neck Zoning Board at the meeting on April 25, 1973 was as follows: Commissioner Eggers - Aye Commissioner Geary - Aye Conmiissioner Boraczek - Aye Commissioner Hardesty - Aye The application was therefore approved and the fol- lowing Resolution duly adopted: WHEREAS, Ford Leasing Development Co. has submitted an application for a build- ing permit to allow the construction of a parking deck over the existing used car lot which will provide a building coverage of approximately 85% 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 Ar- ticle IV Section 410 Schedule of Regula- tions for Non-Residential District for a "B" Business District which requires a maximum building coverage of 25% on the premises located on the Boston Post Road (known as 1 Main Street, New Rochelle) and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Par- cel 117; and WHEREAS, Ford Leasing Development Co. has submitted to this Board an applica- tion for a variance on the ground of prac- tical difficulty and/or unnecessary hard- ship for the following reasons: 1. Because of the peculiar shape and small size of the lot and that the Town only allows a cover- age of 25% whereas New Rochelle permits a 100% coverage for a parking structure. 2. The portion of the lot in question that is in the Town of Mamaroneck is only 15% of the whole property and the larger portion of the lot is in the City of New Rochelle. 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 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- / 4/ ditions are peculiar to such land and/or buildings and do not ap- ply generally to the land and/ or buildings in the district and which circumstances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That said circumstances and/ or conditions are as follows: 1. That only a small portion of the construc- tion is in the Town of Mamaroneck. 2. That the use would be compatible to other uses in the area. (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 Regulations for Non-Residential District for a "B" Business District so as to allow the con- struction ofa parking deck over the exist- ing used car lot which will provide a build- ing coverage of approximately 85% on the premises located on the Boston Post Road (known as 1 Main Street, New Rochelle) and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Par- cel 117 in strict conformance with the 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 build- ing permit shall be void if construction is not started within six months and com- 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 the Secretary to read the first application. APPLICATION NO. 1 - CASE 383 Application of Mr. Peter H. Weil for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations Note "D" of the Zoning Ordinance so as to allow the construction of a tennis court and appurtenances extending into the front 2/3 of the lot having a front setback of 95 feet instead of the required front setback of 150 feet on the premises located at Country Club Drive and known on the Tax Assessment Map of the Town of Mamaroneck on Block 230 Parcel 194 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Peter H. Weil presented his application to the Board and stated that his hardship as outlined in his application is due to the rather unusual shape of his property. The applicant said that while the area required for the tennis court is far less than the 1/3 of the total square footage he is permitted the unusual shape of the parcel prevents the court from being placed in the rear 1/3 of the parcel. Mr. Weil stated that because of the swampy nature of the property and a 12' sewer easement on the wes- terly side it was not practical to place the court there. Mr. Eggers raised a question as to the noise and lighting but Mr. Weil said that the only noise would be the ball hitting the racquet and he did not expect to put up lights. A letter was received from Investors Collateral owners of property in the neighborhood supporting Mr. Weil's application. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Geary - Aye Commissioner Boraczek - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Peter H. Weil has submitted an application for a building permit to the Building Inspector to allow the con- ; ( � 3 - struction of a tennis court and appurtenances extending into the front 2/3 of the lot having a front setback of 95 feet together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans failed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to Article IV Section 410 Schedule of Residence District Regula- tions Note "D" on the premises located at 2 Country Club Drive and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 230 Parcel 194; and WHEREAS, Mr. Peter H. Weil 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. While the area required for the tennis courts is far less than 1/3 of the total square foot- age of the parcel the unusual shape of the lot prevents the court from being placed in the rear 1/3 of the parcel. 2. Because of the 12' sewer ease- ment and the swampy nature of the land on the westerly side of the parcel it is not practi- cal to locate the court on that side. 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 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 have not resulted from any acts of the applicant sub- sequent to the date of the Zon- ing Regulations appealed from. (b) That the aforesaid circum- ) q'6 stances and/or conditions are as follows: 1. Because of the un- usual shape of the lot the proposed location is the most practical. 2. The court will be enclosed by a fence and shrubs will be pro- vided. (b) 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 Note "D" of the Zoning Ordinance so as to allow the construction of a tennis court and appurtenances extend- ing to the front 2/3 of the lot having a front setback of 95 feet on the premises located at 2 Country Club Drive and in strict conformance with plans filed with this ap- plication provided that the applicant com- plies in all other respects with the Zon- ing 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 build- ing permit shall be void if construction is not started within six months and com- 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 the Secretary to read the next application. APPLICATION NO. 2 - CASE 384 Application of Mr. Theodore S. Shultz for modifica- tion of Article IV Section 410 Schedule of Residence District Regulations for an R-6 Residential District so as to allow the construction of a porch deck at the rear of the dwelling having a minimum rear yard of 13 ft. instead of the minimum required rear yard of 25 ft. on the premises located at 25 Alden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 730 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Shultz presented his application to the Board and stated that the only way to his back yard is through the garage. The applicant said that at the present time the back yard is not usable and because the house is small the proposed deck would make it more convenient for access to the rear yard. The Chairman questioned as to when the house had been built and the material the deck would be con- structed of. Mr. Shultz replied that the house was about 50 years old and he hoped to construct the deck of redwood. The applicant presented three letters to the Board from his neighbors, Mr. Howard H. Braithwate, 19 Copley Road, Mrs. Phyllis B. Rainey, 21 Copley Road and Mr. Yun-kuk Kim of 23 Alden Road. All three stated that they had seen the plan and had no objec- tions to the proposed deck. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Geary - Aye Commissioner Boraczek - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Theodore S. Shultz has sub- mitted an application for a building per- mit to the Building Inspector for the con- struction of a porch deck at the rear of the dwelling having a minimum rear yard of 13 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 Zoning Ordinance of the Town of Mama- roneck with particular reference to Arti- cle IV Section 410 Schedule of Residence District Regulations for an R-6 Residen- tial District of the Zoning Ordinance which requires a minimum rear yard of 25 ft. on the premises located at 25 Alden Road and known on the Tax Assessment Man of the Town of Mamaroneck as Block 409 Par- cel 730; and WHEREAS, ?Tr. Theodore S. Shultz has sub- mitted to this Board an application for a variance on the ground of practical dif- ficulty and/or unnecessary hardship for the following reasons: 1. The only access to the back yard at present is through the garage. 2. The back yard at present is not usable and the proposed deck would make a more conven- ient access to the rear yard. 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 an - nlication on the following grounds: (a) That there are special cir- cumstances and/or conditions as follows: 1. That the proposed deck will make the rear yard more conven- ient. 2. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV 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 vari- ance is necessary for the reasonable use of the land and/or buildings and that the variance as granted by this Board is the minimum adjustment I that will accornlish this purpose. 3. That the granting of this variance is in harmony with the general purposes and intent of this Ordi- nance and will not be injurious to the neighborhood or other- wise detrimental to the nublic 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 a porch deck at the rear of the dwelling having a mini- mum rear yard of 13 ft. on the premises located at 25 Alden Road and known on the Tax Assessment Map of the Town of ?lama- roneck as Block 409 Parcel 730 in strict conformance pith 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 build- ing permit shall be void if construction is not started within six months and com- pleted within two years of the date of said permit. FURTHER RESOLVED, that this decision he filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman asked the Secretary to read the next application. APPLICATION NO. 3 - CASE 385 Application of Mrs. Eugenia Pirro for modification of Article IV Section 410 Schedule of Permitted Accessory Uses in an P-6 Residential District so as to allow the installation of an above ground swimming pool located 10 ft. from the dwelling in- stead of the minimum required 15 ft. and having a rear yard of 12 ft. instead of the minimum required 20 ft. on the premises located at 133 Laurel Ave- nue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 366 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Pirro presented her application to the Board and stated that since the death of her husband she has taken care of his business. The applicant said that it would be more convenient to have the rool and have her children there than to belong to a club. Mrs. Pirro said that the pool was 4 feet deep and 18 feet in diameter and because the rear yard of her property only has a depth of 40 feet it would be impossible to install a pool having the required yard requirements. The Chairman inquired about the fencinp and it was pointed out that it would be completely closed in. A question was also raised as to whether the pool would be left up all year and Mrs. Pirro said it would be but would be covered for the winter. After further discussion a vote was taken on the application and the result was as follo'7s: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Geary - Aye Commissioner Boraczek - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mrs. Eugenia Pirro has submitted an application for a building permit to the Building Inspector to allow the in- stallation of an above Around swimming pool to be located 10 ft. from the dwell- . and having a rear yard of 12 ft. to- • gether with plans; and WHEREAS, the Building Inspector has re- fused to issue such permit on the grounds that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mamaroneck with narti.cular reference to Article IV Section 410 Schedule of Permitted Accessory Uses in an P-6 Resi- dential District which requires the rool he located 15 feet from the dwelling and have a minimum required rear yard of 20 feet on the premises located at 133 Laurel Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 266; and WHEREAS, Mrs. Eugenia Pirro has submitted to this Board an application for a vari- ance on the ground of practical difficulty 1Y--E �� and/or unnecessary hardship for the fol- lowing reasons: 1. Because the rear yard of the applicant's property only has a depth of 40 feet it would be impossible to install a pool having the required yard reouire- ments. 2. The proposed location and size of the pool is the minimum which will allow the reasonable use of the land and facilities. 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 granted the application 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 have not resulted from any acts of the applicant sub- sentient to the date of the Zon- ing Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. Because of the depth of the lot it would he impossible to install a pool having the re- auired yard reouirements. 2. The Proposed loca- tion and size of the pool is the minimum which will allow the reasonable use of the land and facilities. (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 detri- mental to the public welfare; I! 17 o and it is FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV Section 410 Schedule of Permitted Access- ory Uses in an R-6 Residential District of the Zoning Ordinance so as to allow the installation of an above ground pool located 10 ft. from the dwelling and hav- ing a rear yard of 12 ft. on the premises located at 133 Laurel Avenue and known on the Tax Assessment Man of the Town of Mamaroneck as Block 124 Parcel 366 in strict conformance with the 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 anplicant shall obtain a building permit within three months of the filing of this Resolution with the Town Clerk. The build- ing rermit shall be void if construction is not started within six months and com- nleted within two years of the date of said permit. FURTHER RESOLVED, that this decision he filed with the Town Clerk as rrovided in Section 267 of the Town Law. The Chairman asked the Secretary to read the fourth application. APPLICATION NO. 4 - CASE 386 Application of Mr. James Tarantino for modification of Article IV Section 410 Schedule of Permitted Accessory Uses in an R-6 Residential District so as to allow the installation of an above Around swimming pool located 9 ft. from the side prorerty line instead of the minimum required 15 ft. and distance separation of 8 ft. from the dwelling in- stead of the reouired 15 ft. on the premises located at 25 Harmon Drive and known on the Tax Assessment Map of. the Town of Mamaroneck as Block 216 Parcel 292 on the r.rounds of practical difficulty and/or unnecessary hardship. Mr. James Tarantino rresented his application to the Board and stated that they had a pool for about 6 years which they had left un all the time but covered during the bad weather. The apnlicant said they needed to renlace the lining of the pool and felt it would be more practical to replace the old am / pool with a new larger pool. `{r. Tarantino said that when the Pool Company applied for the permit to install the new pool they found out they would need a variance. It was pointed out that the old pool was installed before the present Suirm+ing Pool Ordinance was adopted. The applicant further stated that if the pool was placed in accordance with the existing ordinance it would extend on to their driveway and wore import- ant it would necessitate the removal of one of their trees. Mr. Tarantino, also, said that the pool was 4' high and 4' deer with a 3' deck enclosed with flip type stairs that can be locked. The Chairman questioned about the fencing and the applicant said that his property was fenced in the rear and on the right side. Mr. Eggers said it would be necessary to have the pool completely fenced and Mr. Tarantino said he had discussed the fencing with Mr. Paonessa and he had recommended a chain link fence around the stairs to the pool. Mr. Tarantino said that at the time the origianl pool was installed they were only allowed a 4 ft. fence and that according to the manufacturer of the new pool the pool would be secured by raising the steps. Mr. Tarantino submitted a letter to the Board from his neighbor, Mr. Dominick Marrello of 27 Harmon Drive stating he had no objection to the pool. After further discussion a vote was taken on the ap- nlication and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Geary - Aye Commissioner Boraczek - Aye The application was therefore granted and the fol- lowing Resolution duly adcnted: WHEREAS, Mr. James Tarantino has submitted an application for a building permit to the Building Inspector to allow the installa- tion of an above ground swimming pool to be located 9 ft. from the side property line and 8 ft. from 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 Arti- cle TV Section 410 Schedule of permitted Accessory Uses in an R-6 Residential Dis- trict which requires the pool be located a minimum required 15 ft. from the side property line and a distance separation of 15 ft. from the dwelling on the premises located at 25 Marmon Drive and known on the Tax Assessment Map of the Town of Mama- roneck as Block 216 Parcel 292; and THEP.EAS, Mr. James Tarantino 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. If the rool were placed in accordance with the exist- inc' rules it would extend into the driveway and necessitate the removal of a tree. 2. The applicant has a permit for an existing nool in approxi- mately the same area as the proposed pool but it has to be replaced. 3. The existing pool was in- stalled before the present Swim- ming Pool Ordinance was adopted. 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 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- sulted from any acts of the apnlicant subsequent to the date of the Zoning Regulations anpealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. The applicant wants to renlace an existing pool which was installed under the previous Ordinance. 2. If the pool was installed according to the present repu- lations it would ex- tend into the drive- way and necessitate the removal of a tree. (c) That the nrantinp of this variance will he 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 Permitted Ac- cessory Uses in an P-6 Residential Dis- trict of the Zoning Ordinance so as to allow the installation of an above ground tool located 9 ft. from the side nronerty line and 8 ft. from the dwelling on the nremises located at 25 Harmon Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 216 Parcel 292 in strict conformance with plans filed with this arplication provided that the applicant comnlies 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 wanted the applicant shall obtain a building Hermit within three months of the filing of this Resolution with the Town Clerk. The building permit shall be void if con- struction 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 application. APPLICATION NO. 5 - CASE 387 Application of Mr. and Mrs. Samuel Feldman for modi- fication of Article TV Section 410 Schedule of Per- mitted Accessory Uses in an P-10 Residential Dis- trict Note "D" so as to nermit the location of a swimming pool in the side yard of the property in- stead of the rear 2/3 of the lot as reouired for accessory structures on the nremises located at 28 Pryer Manor Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 506 Parcel 96 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Feldman presented his application to the Board and stated that the rool is already existing but it has been covered. The applicant said that the pool would be completely hedged and would not be visible from Pryer Manor Road. Mr. Feldman said that his next door neighbor whose side yard faces the side yard in question is in favor of the rool and that if the pool was in the rear yard it would be more visible to his other neighbors. The appli- cant stated that he would like to keep his rear yard for "people" and children and that the problem of moving the rool would be difficult. Mr. Raymond Neufeld of 30 Pryor Manor Road who is the Feldman's next door neighbor said the rool was perfectly alright with him. A question was raised as to how many feet they had in the rear and it was pointed out that there was about 25 or 30 feet but the remainder was swarm or marsh. Yrs. Feldman said that one of the reasons they had bought the house was because of the large back yard and being a swimming instructor herself she would not allow any one there if she or Mrs. Neufeld were not there. Mrs. Mitchell of 1 Pheasant Run stated that she was not opposed to the cool but if the application was approved she thinks there should he fencing as Mrs. Feldman is a working mother. Mrs. Mitchell said that although there is a girl there minding the Feldman children other children in the neigh- borhood can stray on to the property. Mr. Eggers pointed out that according to the Zoning • Ordinance all above ground rools having a derth of over 2' shall be completely surrounded by a fence, • the height to be determined by the Building Inspector. Mr. Feldman stated that he clans to completely hedYc • 1.n the pool. The Chairman stated that it would have to be a more firmer barrier which would require a fence. After further discussion Mr. Eggers asked for a short recess and when the Board returned the Chair- man explained that the Board wanted to add a con- dition. Mr. Eggers said that the Board decided that the Feldman's could use the pool for the next 2 or 2 1/2 months but the Board felt that there is sufficient room in the rear of the property for the pool to be located there and the pool would have to be moved. A vote was taken on the application as amended and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Geary - Aye Commissioner Boraczek - Aye The anplication was therefore approved as amended and the following Resolution duly adopted: WHEREAS, Mr. and Mrs. Samuel Feldman have submitted an application for a building permit to the Building Inspector to ner- mit the location of a swimming pool in the side yard of the property 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 Permitted Access- ory Uses in an P-10 Residential District Note "D" which requires that accessory structures be located in the rear 2/3 of the lot on the premises located at 28 Pryer Manor Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 506 Parcel 96; and WHEREAS, Mr. and Mrs. Samuel Feldman 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 neighbor whose side yard faces the side yard in question welcomes the addition of the pool in that location. 2. The pool will be completely hedged and will not be visible from Pryer Manor Road. WHEREAS, this Board has examined the clans, reviewed the anplication and has heard all persons interested in this application after publication of a notice thereof, and wEEREAS, this Board has requested the applicant to amend the anplication so that the pool will be moved to the rear of the property after 2 or 2 1/2 months; NOW, THEREFORE, BE IT RESOLVED, that this Board granted the application as amended on the following grounds: (a) That there are special circumstances and conditions applying to the land and/or build- ing for which a variance is sought, which circumstances and/or con- ditions have not resulted from any acts of the applicant sub- sequent to the date of the Zon- incr Regulations annealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. Because the pool is already installed in the side yard the Board feels it would be a hardship to move it at this time. 2. The Board felt that there was sufficient room in the rear of the lot for the pool to be situated in that location without a var- iance. (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 detri- mental 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 Permitted Ac- cessory Uses in an R-10 residential Dis- trict Note "D" be varied and modified so as to permit the location of an above ground swimming pool in the side yard as shown on the plan filed with this an- plication and amended provided that the applicant complies in all other respects with the Zoning Ordinance and Buildinc' Code of the Town of Mamaroneck and obtains a building permit immediately. 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 application. APPLICATION NO. 6 - CASE 388 Application of Mr. James R. Gunsalus for modifica- tion of Article IV Section 410 Schedule of Residence District Regulations for an R-6 Residential District so as to allow an addition to the front and rear of dwelling having a minimum. front setback of 27 ft. instead of the minimum front setback of 30 ft. and a minimum rear yard of 20 ft. instead of the minimum reouired rear yard of 25 ft. on the premises located at 100 Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 633 on the grounds of practical difficulty and/or unnecessary hardship. Mr. William King, who is Mr. Gunsalus's father-in- law represented the applicant and said that Mr. Gun- salus has been looking for a larger house for 3 1/2 years. Mr. King stated that the applicant's family has outgrown the present house and the additional bedroom will surrly a. room for each of the children. Mr. King, also, said that his son-in-law feels the addition will improve the appearance of the house. It was pointed out that due to the irregular share of the lot at the rear of the nronerty and the loca- tion of the existing garage and driveway the proposed addition could only be constructed in this location. Mr. James J. McConoagal, who is Mr. Gunsalus's builder presented to the Board a elan showing a proposed change in the elan whereby the existing roof would not be changed by the addition. It was also pointed out that the addition in front is not going forward any further than it presently exists. Letters were presented to the Board from Mr. and Mrs. H. H. Schlereth, 92 Hickory Grove Drive West, Mr. Arnold W. Gurwitch, 101 Hickory Grove Drive West and Mr. Patrick B. Kelleher of 108 Hickory Grove Drive T.Test all supporting Mr. Gunsalus's application. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Geary - Aye Commissioner Boraczek - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. James R. Gunsalus has sub- mitted an application for a building per- mit to the Building Insnector for the construction of an addition to the front and rear of the dwelling having a front setback of 27 ft. and a rear yard of 20 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 Zoning Ordinance of the Town of Mama- roneck with particular reference to Arti- cle TV Section 410 Schedule of Residence District Regulations for an R-6 Residen- tial District of the Zoning Ordinance which requires a minimum front setback of 30 ft. and a minimum rear yard of 25 ft. on the premises located at 100 Hick- ory Grove Drive and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 217 Parcel 633; and WHEREAS, Mr. James R. Gunsalus has sub- mitted to this Board an application for a variance on the ground of rractiial difficulty and/or unnecessary hardshir for the following reasons: 1. Applicant has outgrown rre- sent house and has not been able to find another one to suit his needs. 2. The applicant feels that the addition will improve the appearance and add to the value of the house. 3. The proposed additions can easily be accommodated on the existing lot. WHEPEA,7,this Board has examined the plans, reviewed the application and has heard all persons interested in this application after publication of a notice thereof, NO7, THEREFORE, BE IT RESOLVED, that this Board granted the application on the following grounds: (a) That there are special circumstances and/or conditions as follows: 1. That the building area at the rear of the property is restricted by the irregular share of the lot. / `�'7I 2. That the proposed addition can only be constructed in the planned location due to the existing gar- age and driveway. 3. The addition in the front will not extend any further than it presently exists. 4. The addition will improve the appearance of the house. 5. That said circum- stances or conditions are such that the nar- ticular application of the Ordinance with resrect to Article IV Section 410 would deprive the aprlicant of the reasonable use of the land and/or buildings and that for these reasons the granting of the vari- ance 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. 6. That the granting of this variance is in harmony with the general rurnoses and intent of this Ordi- nance 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 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 an addition to t he front and rear of the dwelling ( having a minimum front setback of 27 ft. and a minimum rear yard of 20 ft. on the premises located at 100 Hickory (=rove Drive and known on the Tax Assessment Mar of the Town of Mamaroneck as Block 217 rar- cel 633 in strict conformance with rlans filed •:iith this application provided that the applicant complies in all other res- pects with the Zoning Ordinance and Build- , inp Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Pules 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 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 reetins it was adlourned at 9:30 P.M. . . . (2----- 7 A( . ,t1/1„/Ci . 4-1/4LALA__7,_./ Rita A. Johnson, S`-retary C