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HomeMy WebLinkAbout1972_07_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 26, 1972, IN THE COURT HOUSE, 1201 PALMER 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. Donald D. Geary, Jr. Mr. Andrew W. Boraczek Mr. Egbert R. Hardesty APPROVAL OF MINUTES The minutes of the meeting of May 24, 1972 were pre- sented 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. As the first applicant was not present Mr. Eggers asked the Secretary to read the second application. APPLICATION NO. 2 - CASE 363 Application of Mr. Carmine Carolei for modification of 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 construc- tion of a second story addition over the existing garage having a minimum side yard of 6 feet instead of the required minimum side yard of 8 feet on the premises located at 10 Cabot Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 125 Parcel 484 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Carmine Carolei presented his application to the Board and stated that his wife is a sick woman. The applicant said his wife needs a lot of rest and that his daughter and daughter-in-law who live out of Town take turns coming down on week-ends to help with the housework. Mr. Carolei said both his daugh- and daughter-in-law have children and when the come over the week-ends they do not have the room to accom- modate them. The applicant stated that the proposed addition will provide the extra room they need. 1 3s3 The Chairman pointed out that the addition will not infringe on any established area and that there is about 30 or 35 feet between Carolei's house and the next door neighbor. Mr. Eggers, also, pointed out that the house was built according to the old zon- ing and conformed to the zoning at the time it was built. 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 Commissioner Hardesty - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Carmine Carolei has submitted an application to the Building Inspector for the construction of a second story addition over the existing garage having a minimum side yard of 6 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 Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-6 Residential District of the Zoning Ordinance which requires a minimum side yard of 8 feet on the premises located at 10 Cabot Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 125 Par- cel 484; and WHEREAS, Mr. Carmine Carolei 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. Because the applicant's wife is a sick woman and needs help with her household chores and the house with its present fac- ilities does not provide room to accommodate his daughter's or daughter-in-law's families when they come to help out. 2. The proposed second story addition will not encroach into the existing side 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 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- stances and/or conditions are as follows: 1. That the addition will not extend any further than the pre- sent building. 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 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. 3. That the granting of this variance is 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-10 Residential District of the Zoning Ordinance so as to allow the construction of a second story addition over the existing garage having a minimum side yard of 6 feet on the premises located at 10 Cabot Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 125 Par- cel 484 in strict conformance with plans filed with this application provided that the applicant complies in all other res- pects with the Zoning Ordinance and Build- ing 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 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 stated that he would give the first applicant a little more time to appear. Within a short time Mr. Del Sole arrived and Mr. Eggers asked the Secretary to read the application. APPLICATION NO. 1 - CASE 362 Application of Mr. Robert J. Del Sole for modifica- tion of Article IV Section 410 Schedule of Residence District Regulations for an R-7.5 Residential Dis- trict of the Zoning Ordinance so as to allow the construction of a roofed porch at the front of the dwelling having a minimum side yard of 10 feet on the premises located at 86 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 213 on the grounds of practical difficulty and/or unnecessary hardship. The Chairman pointed out to the applicant that the Board had approved the variance previously and ques- tioned as to why he had let the variance expire. Mr. Del Sole said that he was under the impression he needed a contractor before he could obtain the building permit and he had not been able to get any- one to do the work until this time. The applicant stated that the house in its present condition is an eyesore and he intends to invest a lot of money in the addition. Mr. Del Sole said he feels because of the amount of money involved the addition would look better going out to the exist- ing side yard. The Board pointed out that the ap- plicant could construct the addition without a vari- ance if he maintained the 10 ft. side yard and the house when it was built conformed to the zoning law in effect at that time. The Chairman asked Mr. Del Sole how long he estimates the job would take once it was started and the applicant replied from three weeks to a month. Mr. Philip Magnusson of 88 Valley Road expressed his opinion that he feltzoning laws were established for a reason and should not be broken. Mr. Magnusson said he did not feel precedents should be set and if so how far will we go. Mr. Eggers pointed out that the Zoning Board was in existence to ascertain only hardship or practical difficulty and the Board does not set precedents as each case is heard on its own merits. Mr. Paul Lip of 100 Valley Road asked to look at the plan and said he agreed with Mr. Magnusson re- garding precedents being set. Mr. John Lindroth of 84 Valley Road, also, asked to examine the plan and said he was concerned as to what Mr. Del Sole intended to do on the side of the house that faced his side property line. Mr. Eggers pointed out that in his judgment as an architect from an aesthetic point of view he would prefer the addition to be from one side of the house to the other and nothing would be gained by chopping off 4'8". Mrs. Paul Lips asked whether the roof would be changed and the Board pointed out that it would be extended but otherwise there would be no change. Mr. Eggers stated that any work that would be done would have to conform to the plan Mr. Del Sole had presented with his application. Mrs. Lips, also, questioned as to what would prevent succeeding owners of the Del Sole property from enclosing the porch. The Chairman explained that there was nothing to say that Mr. Del Sole or succeeding property owners could not screen in the porch but if it was necessary to knock out the living room or any other structural changes a permit would be required. The neighbors also expressed concern over the length of time Mr. Del Sole could take to complete the ad- dition but it was pointed out that according to the Resolution the building permit must be obtained within three months of the date of the filing of the Reso- lution and the permit shall be void if construction is not started within six months and completed within two years of the date of said permit. Despite their objections all the neighbors did agree that the addition would improve the value of the property and enhance the neighborhood. It was pointed out that the house had never been finished and was definitely an "eyesore" in its present state. 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 Commissioner Hardesty - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Robert J. Del Sole has sub- mitted an application for a building per- mit to the Building Inspector for the con- struction of a roofed porch at the front of the dwelling having a minimum side yard of 5.0 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 R-7.5 Residen- tial District of the Zoning Ordinance which requires a side yard of 10 feet on the premises located at 86 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 213; and WHEREAS, Mr. Del Sole has 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 house in its present condition is an eyesore since the house was never finished. 2. The proposed construction will beautify and enhance the neighborhood as well as the dwell- ing. 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 are peculiar to such 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 the aforesaid circum- stances and/or conditions are as follows: 1. The side yard is presently non-conform- ing and the proposed porch will not extend any further than the existing dwelling. 2. The proposed con- struction will improve the appearance of the house. (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-7.5 Residen- tial District of the Zoning Ordinance be varied and modified so as to allow the construction of a roofed porch at the front of the dwelling having a minimum side yard of 5.0 feet instead of the required mini- mum side yard of 10 feet on the premises located at 86 Valley Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 114 Parcel 213 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 Zoning Ordinance where a variance is granted the applicant shall obtain a building permit within three months of the date 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 meeting it was adjourned at 9:15 P.M. Rita A. John , Secretary 1360