Loading...
HomeMy WebLinkAbout1979_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, 1979, IN THE COURT HOUSE, 1201 PALMER AVENUE , TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P .M. ROLL CALL Present: Mr. E. Robert Wassman, Chairman Mr. Andrew W. Boraczek Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore APPROVAL OF MINUTES The minutes of the meetings of May 23, 1979 and June 27, 1979 were presented. The minutes of the meeting of May 23rd on motion duly made and seconded were approved as submitted. The minutes of the meeting of June 27th on motion duly made and seconded were approved as corrected. PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. Mr. Wassman informed the Board and those present that the first item on the agenda was the application of Mr. and Mrs. Richard Hargrave which had been adjourned from the meeting of June 27, 1979 because only three members were present. The Chairman asked the Secretary to read the notice. CASE 511 Application of Mr. and Mrs. Richard Hargrave for modifi- cation of Article VI Section 89-34 Subsection B (1 ) & (3) "Construction Requirements for an R-7.5 One Family Residence District" which requires a minimum front yard setback from both streets of 30 ft. on a corner lot and a minimum rear yard of 25 ft. to permit the construction of a one story addition at the side of the dwelling creat- ing a front yard setback of 25 ft. from Murray Avenue and a rear yard of 22 ft. on the premises located at 6 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Parcel 335 on the grounds of practical difficulty and/or unnecessary hard- ship. Mr. Hargrave presented his application to the Board and said that they needed more room for their growing family. Mr. Hargrave stated that they wanted to use the present family room in the basement for their son and his friends and the new addition would be for "them" . Mr. Bodkin questioned as to whether the addition would affect the drainage and Mr. Hargrave said the drainage would be improved as they would be adding some dry wells . Mr. Hargrave presented the Board with several letters from his neighbors which were read aloud by the Chair- man and made part of the record. In their letters the neighbors were all in favor of the application and recom- mended its approval . After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mr. and Mrs . Richard Hargrave ha✓e sub- mitted an application to the Building Inspector to allow the construction of a one story addi- tion at the side of the dwelling having a front yard setback of 25 ft. and a rear yard of 22 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 Article VI Section 89-34 B (1 ) & (3) "Construction Re- quirements for an R-7.5 One Family Residence District" which requires a minimum front yard setback from both streets of 30 ft. on a cor- ner lot and a minimum rear yard of 25 ft. on the premises located at 6 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Parcel 335; and WHEREAS, Mr. and Mrs . Richard Hargrave have sub- mitted an application to this Board for a vari- ance on the ground of practical difficulty and/ or unnecessary hardship for the following reasons: 1 . The applicant needs more room with a growing family and can' t af- ford to move. © 2. The proposed location is the only place on the property where the addition can be situated. &O J WHEREAS, this Board has examined the plans, reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE , BE IT RESOLVED, that this Board granted the applica- tion 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 resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows: 1 . The addition will pro- vide a new family room for the applicant's growing family. 2. That the proposed ad- dition could only be placed at the westerly side of the dwelling. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-34 B (1 ) & (3) "Construc- tion Requirements for an R-7.5 One Family Residence District" would deprive the applicant of the reason- able use of the land and/ or building and that the variance as granted by this Board is a minimal adjust- ment that will accomplish this purpose. 4. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance O and will not be injurious to the neighborhood or other- wise detrimental to the public welfare; and it is AC-1 / FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 Sub- ; section B (1 ) & (3) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to allow the con- struction of a one story addition at the side of the dwelling creating a front yard setback of 25 ft . from Murray Avenue and a rear yard of 22 ft. on the premises located at 6 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Parcel 335 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 Mama- ronec.k. 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 permit shall be void if • construction 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 first appli- cation. • APPLICATION NO. 1 - CASE 512 Application of Mr. and Mrs . Melvin Loeser for modifica- • tion of Article VI Section 89-30 B (1 ) "Construction Re- • quirements for an R-30 One Family Residential District" which requires a minimum front yard of 50 ft. to allow the construction of a one story addition at the northerly side of the dwelling maintaining a front yard of 30'+ on the premises located at 705 Weaver Street and known • on the Tax Assessment Map of the Town of Mamaroneck as Block 102 Parcel 168 on the grounds of practical diffi- • culty and/or unnecessary hardship. • Mr. Loeser presented his application to the Board and said that they had a small two bedroom house at present. • The applicant said that they had tried to sell the house but were unable to get any buyers so they decided to ex- • pand it instead. OThe Board pointed out that a variance had been granted previously for the addition of a maid's room which the Loesers say is :small•.and and is presently used for the storage of books, etc. Mr. Carl Lewis, the Loeser's Architect, said that they had decided on the proposed location so that Mrs . Loeser could maintain control of the children from the kitchen. It was pointed out that the roof line of the proposed addition would be the same as it is at present and that the house is a ranch type, having no cellar but only crawl space. The Board pointed out that the addition was quite large adding about 35% more to the house. A suggestion was made to the Loesers to consider at second story, but Mr. Loeser said they had a slate roof and the cost would be prohibitive. Upon further discussion the Chairman suggested that the Loesers and their Architect discuss amending their appli- cation with the possibility of adjourning their case to another meeting without penalty. The applicant agreed to this . The Chairman asked the Secretary to read the next appli- cation . APPLICATION NO. 2 - CASE 513 Application of Mr. and Mrs . Marvin Perlman for modifica- tion of Article XI Section 89-67 Subsection B "Layout and Location of Off-street Parking Facilities" which re- quires that off-street parking spaces be developed not less than 25 ft. back from front property line and at least 5 ft. from side property line to allow two separate off-street parking spaces to be maintained at the front of the property having a 0 ft. setback instead of the required 25 ft. setback on the premises located at 43 Stoneyside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 40 on the grounds or practical difficulty and/or unnecessary hardship. Mr. Perlman presented a letter from his surrounding neigh- bors in which they stated they were aware of the parking areas and had no objection. The Board questioned Mr. Perlman as to his practical diffi- culty and the applicant said they had four cars and only one could go in the garage. Mr. Perlman said they had a van that was used for recreational purposes which his son used during the day. The Board asked as to why the driveway or garage could not be extended and why the van couldn ' t be placed in the garage. The applicants said that if the cars were put in the driveway they would have to be placed one behind the other and when one of the applicant's family wanted to go out they would have to Omove the cars around to get out. Mr. Perlman said the van is too wide for the garage . The Chairman questioned as to whether the application was the responsibility of the Zoning Board or if it was a Town Board matter and advised the applicants they would look into the proper procedure. The Board assured the Perlmans that no action would be taken against them and if they found out it was the Zoning Board's jurisdiction they could return next month without penalty. They agreed to this . CASE 512 At the end of the Perlman matter Mr. and Mrs . Loeser and their Architect returned and advised the Board they wanted a vote taken on their application. A vote was taken and the result was as follows: Commissioner Wassman - Nay Commissioner Boraczek - Nay Commissioner Hardesty - Nay Commissioner Bodkin - Nay Commissioner Moore - Nay The application was therefore denied and the following Resolution adopted: WHEREAS, Mr. and Mrs . Melvin Loeser have sub- mitted an application to the Building Inspec- tor to allow the construction of a one story addition at the northerly side of the dwelling maintaining a front yard of 30'+ together with plans; and WHEREAS, the Building Inspector ector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article VI Section 89-30 B (1 ) "Construction Requirements for an R-30 One Family Residential District" which requires a minimum front yard of 50 ft. on the premises located at 705 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 102 Parcel 168; and WHEREAS, Mr. and Mrs . Melvin Loeser have sub- mitted an application for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons : 1 . The house is only a two bedroom house with a crawl space. 2. The applicants have two children and are in need of a playroom. 3. The applicants attempts to sell Othe house have failed. 4. Therefore, the applicants are forced to expand and improve their property. WHEREAS, this Board has examined the plans, reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board denies the applica- tion on the following grounds: 1 . The Board felt that there was sufficient room on the property for the proposed addition which would not require a variance. 2. That there are no special circum- stances or conditions applying to the land for which the variance is sought, which circumstances or con- ditions are peculiar to such land and which do not apply generally to land in the district. 3. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land. 4. That the granting of the variance would not be in harmony with the gen- eral purposes and intent of this Ordi - nance and would be injurious to the neighborhood and detrimental to the public welfare . FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Sec- tion 267 of the Town Law. The Chairman asked the Secretary to read the next ap- plication. APPLICATION NO. 3 - CASE 514 Application of Mr. and Mrs . Barrington Parker, Jr. for modification of Article VI Section 89-32 Subsection B (3) "Construction Requirements for an R-15 One Family Residence District" which requires a minimum rear yard of 25 ft. to permit the construction of a wood deck at the rear of the dwelling creating a rear yard of 18 ft. on the premises located at 21 Bonnie Way and known on the Tax Assessment Map of the Town of Mamaroneck as Block© 105 Parcel 471 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Parker presented his application to the Board and said that at present at the rear of his building lot he has a 3 ft. high stone fence. The applicant said he, also, has a hedge of 10 or 12 ft. high plus other shrubbery but very little sun making it difficult to grow anything. Mr. Parker said that when we have rain the rear yard is uninhabitable for a period of time and even with the proposed deck they will still have a good size area in the rear. The applicant said the deck will not be seen by his neighbors and they had looked at a shorter deck but aesthetically it would not work. Mr. Moore questioned about the plan being signed by a licensed Engineer or Architect. After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore granted with the provision that the applicant submit a plan before he obtains his building permit with either an Architect or Engineer's O seal . The following Resolution was adopted: WHEREAS, Mr. and Mrs. Barrington Parker, Jr. have submitted an application to the Building Inspector to allow the construction of a wood deck at the rear of the dwelling creating a rear yard of 18 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 Article VI Section 89-32 Subsection B (3) "Construction Requirements for an R-15 One Family Residence District" which requires a minimum rear yard of 25 ft. on the premises located at 21 Bonnie Way and known on the Tax Assessment Map of the Town of Mamaroneck As Blcok 105 Parcel 471 ; and WHEREAS, Mr. and Mrs . Barrington Parker, Jr. have submitted an application to this Board for a variance on the ground of practical dif- ficulty and/or unnecessary hardship for the following reasons: © 1 . At present the area cannot be utilized because the bare ground and moisture make the area unusable. 2. Aesthetically a shorter deck would not be desirable . 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 appli - cation on the following grounds : (a) That there are special circum- stances and conditions applying to the land and/or building for which a variance is sought, which circum- stances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows: 1 . Due to the topography of the lot the proposed lo- cation is the most desirable. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-32 Subsection B (3) "Con- struction Requirements for an R-15 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance as granted by this Board is a minimal adjustment that will accomplish this purpose. 3. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-32 Sub- section B (3) "Construction Requirements for an R-15 One Family Residence District" be varied and modified so as to allow the construction of a wood deck at the rear of the dwelling creating a rear yard of 18 ft. on the premises located at 21 Bonnie Way and known on the Tax Assessment Map of the Town of Mamaroneck as Block 105 Parcel 471 in strict conformance with plans filed with this application, sub- ject to the following condition, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck . That the applicant submit a plan with either an Architect or Engineer's seal before he obtains a building permit. 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 permit shall be void if construction 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. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 10:00 P .M. 7\X-1-1-Aft-d-1 to A. Johnson, ecretary i