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HomeMy WebLinkAbout1971_03_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MARCH 24, 1971, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD 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. Price H. Topping Mr. Donald D. Geary, Jr. Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of January 27, 1971 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. Mr. Eggers asked the Secretary to read the applica- tion. APPLICATION NO. 1 - CASE 338 Application of Mrs. Mary McCarthy for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-6 Residential District so as to allow an addition and alterations to the existing breezeway having a setback of 22.5 feet from Daymon Terrace and 18' from Senate Place instead of the required minimum setback for structures lo- cated on corner lots of 30' from the street property line and to allow the development of an off-street parking area within 20 feet of Senate Place instead of the required minimum setback of 25 feet from street line on the premises located at 1 Senate Place and known on the Tax Assessment Map of the Town of Mama- roneck as Block 112 Parcel 504 on the grounds of practical difficulty and/or unnecessary hardship. Mr. McCarthy spoke for his wife who had filed the application and said that the most important reason was for the inconvenience of access to the basement. Mr. McCarthy said when they bought the property they thought it would be readily and easily acceptable /f77/6 but they have found it intolerably difficult. Mr. McCarthy is a World War II veteran and an amputee. The applicants stated that there is no other inside entrance to the basement except through a trap door in the bedroom and it is difficult for Mr. McCarthy to go down the ladder to the basement. Mr. McCarthy feels that in the future it will become even more difficult and that the alterations and addition would be more beneficial to the community as well. The applicants said that they have three sons who are living away from home but do occasionally come home and they would like to accommodate them when they do so that they will have their own privacy. Because the garage is being converted into an extra room it is necessary to enlarge the blacktop area for offstreet parking. The McCarthy's plan is to allow for the parking of two cars in the offstreet parking area. The Board pointed out that because of the location of the dwelling and the new Zoning Regulations the residence is presently non-conforming and if the variance is granted it will not increase the non- conformity. Mr. and Mrs. Carl Norris of 16 Senate Place spoke in favor of the application stating that they were in favor of any plan that would relieve the parking on their street. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Topping - Nay Commissioner Geary - Aye The application was therefore granted and the fol- lowing Resolution was duly adopted: WHEREAS, Mrs. Mary McCarthy has submitted an application to the Building Inspector to allow an addition and alterations to the existing breezeway having a setback of 22.5 feet from Daymon Terrace and 18 feet from Senate Place and to allow the development of an off-street parking area within 20 feet of Senate Place together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that f-Z f the plans submitted failed to comply with the Zoning Ordinance of the Town of Mama- roneck with particular referece 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 setback for structures located on corner lots of 30' from the street property line and a required mini- mum setback for off-street parking areas of 25' from the street line on the premises located at 1 Senate Place and known on the Tax Assessment Map of the Town of Mama- roneck as Block 112 Parcel 504; and WHEREAS, Mrs. Mary McCarthy 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 there is no inside entrance to the basement except through a trapdoor in the bed- room and Mr. McCarthy who is a World War II veteran and am- putee has a difficult time going down the ladder from the trap door. 2. There is only one bedroom and when the McCarthy's sons come home they would like to have extra room to accommodate them and give them privacy. 3. Because the garage is being converted it will be necessary to enlarge the blacktop area for off-street parking. 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- ti__, ing to the land and/or building for which a variance is sought, which circumstances and/or con- 4 3-( / ditions have not resulted from any acts of the applicant subse- quent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. The addition and alteration to the exist- ing breezeway will not extend any further than the present building. 2. Because the gar- age is being converted into an extra room it is necessary to provide blacktop area for offstreet parking. 3. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV Section 410 would de- prive the applicant of the reasonable use of land and/or build- ings and that for these reasons the granting of the variance is necessary for the rea- sonable use of the land and/or building and that the variance as granted by this Board is the minimum adjustment that will accomplish this pur- pose. 4. 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 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 an addition and alterations to the existing breezeway having a setback of 22.4 feet from Daymon Terrace and 18 feet from Senate Place instead of the re- quired minimum setback for structures lo- cated on corner lots of 30 feet from the street property line and to allow the deve- lopment of an off-street parking area within 20 feet from Senate Place instead of the required minimum setback of 25 feet from street line on the premises located at 1 Senate Place and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 112 Parcel 504 in strict conformance with plans filed with this application and amended, provided that the applicant complies in all other respects with the Zoning Ordi- nance 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. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 8:30 P.M. Rita A. Johnson ecretary