HomeMy WebLinkAbout1973_07_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS
OF THE TOWN OF MAMARONECK HELD JULY 25, 1973, IN THE AUDITOR-
IUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD
AVENUE, TOWN OF MAMARONECK.
CALL TO ORDER
The meeting was called to order by the Chairman at
8:25 P. M.
ROLL CALL
Present: Mr. Richard F. Eggers, Chairman
Mr. Andrew W. Boraczek
Absent: Mr. E. Robert Wassnan
Mr. Donald D. Geary, Jr.
Mr. Egbert R. Hardesty
Also present: Mr. William Paonessa, Building Insrector
PUBLIC HEARING
The Chairman declared the hearing oven and the Sec-
retary presented for the record the affidavit of
publication of the notice of hearing.
At the meeting of the Zoning Board on August 22,
1973, the Chairman explained the two aprlications
to Mr. Hardesty who was absent at the July 25, 1973
meeting and presented Commissioner Hardesty with
a draft of the minutes of the meeting_. After con-
ferring with Mr. Eggers, Mr. Fardesty approved both
applications.
The Chairman asked the SecretA-y to read the first
application.
APPLICATION NO. 1 - CASE 389
Application of Mr. and Mrs. John Freitag for modi-
fication of Article IV Section 410 Schedule of Resi-
dence District Regulations for an R-lO Residential
District so as to allow the construction of additions
and alterations to the existing porch at the rear
of the dwelling having a rear yard of 23.5 feet in-
stead of the required minimum rear yard of 25 feet
on the premises located at 755 Forest Avenue and
known on the Tax Assessment Map of the Town of Mama-
roneck as Block 220 Parcel 341 on the grounds of
practical difficulty and/or unnecessary hardship.
Mr. Freitag presented his apnlication to the Board
and stated that they wanted to enlarge their present
kitchen so they would have enough room for the en-
tire family to eat there at one time. The applicant
said that they have three children and at rresent
they do not have enough room to all eat at the same
Tc
time. It was pointed out that a porch is already
there and the proposed structure will not be going
out any further in the rear than it is at present.
It was, also, pointed out that the enclosed porch
was constructed before the change in zoning and con-
formed to the yard requirements at the time it was
built.
After further discussion a vote was taken on the an-
nlication and the result was as follows:
Commissioner Eggers - Aye
Commissioner Boraczek - Aye
Commissioner lardesty - Aye
The application was therefore granted and the follor-
int, Resolution duly adopted:
WHEREAS, Mr. and Mrs. John Freitag have
submitted an application for a building
permit to the Building Inspector for the
construction of additions and alterations
to the existing porch at the rear of the
dwelling having a rear yard of 23.5 feet
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 P-10 Residen-
tial District of the Zoning Ordinance which
requires a minimum rear yard of 25 feet
on the premises located at 755 Forest Ave-
nue and known on the Tax Assessment Map
of the Town of. "amaroneck as Block 220
Parcel 341; and
WHEREAS, Mr. and *'rs. John Freitag have
submitted to this Board an application
for a variance or. the ground of practical
difficulty and/or unnecessary hardship
for the following reasons:
1. Present kitchen is too
small to accommodate the family
of five.
2. Proposed addition will
not encroach any further on
the existing rear yard.
WHEREAS, this Board has examined the plans,
reviewed the application and has heard
all persons interested in this application
• ;J
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/or conditions
as follows:
1. That the addition
would not reduce the
existing size of the
usable rear yard.
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
building and that the
variance as granted
by this Board is the
minimum adjustment
that will accomplish
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 incurious to the
neighborhood or other-
wise detrimental to
the public welfare;
and it is
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 building Hermit shall be void if con-
struction is not started within six months
and comnleted within two Years of the date
of said hermit.
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
annlication.
APPLICATION NO. 2 - CASE 390
Anplication of Mr. and Mrs. Donald D. Torev for modi-
fication of Article IV Section 410 Schedule of Resi-
dence District Regulations Note "A" which requires
that on a corner lot a front Yard of 30 ft. be pro-
vided from each street, so as to alloy the construc-
tion of an addition to a dwelling located on a cor-
ner lot having a front setback of 20 ft. more or less
from Rockland Avenue instead of the renuired 30 ft.
on the premises located at 54 Sheldrake Avenue and
known on the Tax Assessment man of the Town of Mama-
roneck as Block 221 Parcel 397 on the grounds of nrac-
tical difficulty and/or unnecessary hardship.
Mr. and Mrs. Donald Torey rresented their annlication
to the Board and stated that their hardshin was in
the fact that there was no other place to locate the
proposed addition. The applicants said that their two
children were now teenagers and they needed more room.
Mr. and Mrs. Torev_ said that the addition would be
used as a den and they had purchased the house about
16 years a^o.
The Chairman questioned about the finish of the ad-
dition and the applicant said that the shingles would
match the garage. Mr. and Mrs. Torev, also, stated
that the slate roof would match the existing roof
and the roof would be even with the front of the house.
After further discussion a vote was taken on the an-
plication and the result was as follows:
Commissioner Eggers - Ave
Commissioner Boraczek - Ave
Commissioner Hardesty - Ave
The application was therefore granted and the follow-
ing Resolution duly adopted:
WHEREAS, Mr. and Mrs. Donald D. Torey
have submitted an application for a build-
ing permit to the Building Inspector for
the construction of an addition on a cor-
ner lot having a front setback of 20 feet
more or less from Rockland Avenue 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 Residence
District Regulations Note "A" which re-
ouires a minimum front setback on a cor-
ner lot of 30 ft. on each street on the
premises located at 54 Sheldrake Avenue
and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 221 Par-
cel 397; and
WHEREAS, Mr. and Mrs. Donald D. Torey
have submitted an application to this
Board for a variance on the ground of
practical difficulty and/or unnecessary
hardship for the following reasons:
1. There is no other place to
locate the proposed addition
due to the location of the build-
ing on the corner lot.
2. Because the applicant's
children are now teenagers they
need more room.
WHEREAS, this Board has examined the rlans,
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
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-
seauent to the date of the Zon-
ing Regulations appealed from.
(b) That the aforesaid circum-
stances and/or conditions are
as follows:
1. There is no other
place for the addition
due to the location
of the dwelling on
the corner lot which
restricts usable build-
ing area.
2. The proposed addi-
tion will provide an
extra room to be used
for a den.
3. That said circum-
stances or conditions
are such that the nar-
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 var-
iance 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.
4. That the granting
of this variance is
in harmony with the
general nurnoses 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
TV Section 410 Schedule of Residence Dis-
trict Regulations Note "A" of the Zoning
Ordinance so as to allow the construction
of an addition to a dwelling located on
a corner lot having a front setback of
20 ft. more or less from Rockland Avenue
on the premises located at 54 Sheldrake
Avenue and known on the Tax Assessment
*tan of the Town of Afamaroneck as Block
221 Parcel 397 in strict conformance with
plans filed with this application provided
that the applicant comnlies in all other
respects with the Zoning Ordinance and
7
Building Code of the Town of "amaroneck.
FURTHER RESOLVED, that in accordance with
the Rules and Regulations of the Zoning
Ordinance where a variance is granted
. the annlicant shall obtain a building
permit within three ronths 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 corrleted within two years of the
date of said Hermit.
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
reeting it was adjourned at 8:40 P.M.
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Rita A. Johnson, Secretary
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