Loading...
HomeMy WebLinkAbout1979_06_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JUNE 27, 1979, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE , WEAVER STREET AND EDGEWOOD AVENUE, 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. Egbert R. Hardesty Mr. Peter G. Moore Absent: Mr. Andrew W. Boraczek Mr. Lawrence G. Bodkin, Jr. Also present: Mr. William Paonessa, Building Inspector 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 applicants that since only three members were present their application would have to have an unanimous vote and they had the privilege of postponing their application until the next meeting without penalty. The Chairman , also, said that there was no guarantee that at the next meeting the situation would not be the same. CASE 509 The first application which had been adjourned from the meeting of May 23, 1979 so that Mr. Sirlin, the applicant's Attorney could confer with Mr. Jacobson, the applicant and the Architect who had prepared the plans . Mr. Sirlin and Mr. Jacobson agreed to have the application heard at this meeting. Mr. Wassman said that the Board was concerned about Mr. Jacobson's hardship . Mr. Sirlin pointed out that Mr. Jacob- son has a problem with water in his basement and when it occurs it is necessary to move everything from the cellar through the kitchen to the main area. Mr. Sirlin said that presently the applicant has no storage area and his garbage cans must be stored outside, his tools are in his bedroom closet and there is no place to store clothing. Mr. Jacobson pointed out that if the proposed garage or carpet t was located on the other side it would be at the rear of their bedrooms which he did not think was desir- able. Mr. Moore questioned as to why the applicants could not consider moving the proposed garage or carport as the Blanks who are the present neighbors might not always be there . Mr. Jacobson said they had decided on a car- port rather than a garage as they thought it would be more attractive and they had discussed the application with their neighbors and the Community Organization. After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Wassman - Aye Commissioner Hardesty - Aye Commissioner Moore - Nay The application was therefore denied and the following Resolution adopted: WHEREAS, Mr. and Mrs. Steven Jacobson have sub- mitted an application to the Building Inspec- tor to allow the construction of a one story addition at the easterly side of the dwelling having a side yard of 0 ft. and a total of both side yards of 43.87 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 Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article VI Section 89-30 Subsection B (2) a&b "Construction Requirements for a One Family R-30 Residential District" which requires a minimum side yard of 20 ft. and a total of both side yards of 50 ft. on the premises located at Premium Point Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 509 Parcel 86; and WHEREAS, Mr. and Mrs. Steven Jacobson have sub- mitted an application for a variance on the ground or practical difficulty and/or unneces- sary hardship for the following reasons : 1 . The applicant seeks to fulfill a promise made to the Town of Mama- roneck Planning Board to construct a driveway with access to the premises. 2. Because of the layout of the house with kitchen facilities located in the present configuration the proposed site is the only feasible location for the structure. 3. The present entrance to the house is on the easterly side of the dwell- ing. 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 . That the proposed garage or car- port can be located in an area which would require a much smaller vari- ance. 2. That a side yard should be main- tained at the side of the dwelling. 3. That there are no special cir- cumstances or conditions applying to the land for which the variance is sought, which circumstances or conditions are peculiar to such land and which do not apply generally to land in the district. 4. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reason- able use of the land. 5. That the granting of the vari- ance would not be in harmony with the general purposes and intent of this Ordinance and would be injur- ious to the neighborhood and detri- mental to the public welfare. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 1 - 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. and Mrs. Hargrave appeared before the Board and said that they had decided to postpone their application until the next meeting because only three members were present. OLD BUSINESS - KATZ APPLICATION The Board corrected the minutes to show that Mr. Katz was granted a variance in accordance with the Court Order. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 8:45 P.M. Rita A. Johnsoti, Secretary a. l