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HomeMy WebLinkAbout1970_03_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MARCH 25, 1970, 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. Henry E. Mullick Mr. Price H. Topping Absent: Mr. Donald D. Geary, Jr. Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of February 25, 1970 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 pub- lication of the notice of hearing. The Chairman asked the Secretary to read the appli- cation. APPLICATION NO. 1 - CASE 322 Application of Mrs. Anne L. Burton for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-7.5 Residential District of the Zoning Ordinance so as to allow the construc- tion of an addition at the front of the existing dwelling having a front setback of 27 feet instead of the required front setback of 30 feet on the pre- mises located at 286 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 95 on the grounds of practical difficulty and/or unnecessary hardship. Mr. and Mrs. Burton and Mr. Adam Sumetz, the builder of 570 Fenimore Road, Mamaroneck, New York appeared before the Board. Mr. Burton stated that they were in need of additional room and would like to stay in the neighborhood. The applicant stated that there was no other place for the addition and the proposed location would be aesthetically the most pleasing. Mr. Burton said that there is presently a terrace which is the same size as the proposed addition and the addition would be built on top of the terrace. The applicant said that the terrace originally had an awning and was entirely covered. Mr. Burton, also, stated that the proposed addition would be stucco with the same type of windows, same roof height and would be in conformity with the other houses in the neighborhood. The Board asked Mr. Burton when had had bought the house. The applicant stated that they had acquired the house in 1963 and his family since then has been increased 100%. Mr. Burton said they have three bedrooms at present and two children and they intend to use the proposed addition for a family room. The applicant, also, stated that presently they are using the maid's room at the rear of the house for a family room but if they are allowed to build the proposed addition they will use the maid's room for his study as in his position as a lawyer it is nec- essary for him to do work at home. At present Mr. Burton said he has to spend extra hours at his New York office because there is no place at home for him to work. Mr. Adam Sumetz, the builder, stated that he was there to answer any questions the Board would have regarding the construction of the addition. Mr. Sumetz said the addition was to be heated by gas and would be connected to the present heating sys- tem. The Board pointed out that the proposed addition would encroach approximately 3 feet on one side but less than 1 foot on the other side. Mr. Burton pointed out that if the addition was located on the other side of the house the encroachment would be larger and if it was placed at the rear of the dwelling his access to the garage would be cut off. It was pointed out by the Board that the lot is an irregular shape and because of this a variance is required. The Board asked Mr. Paonessa if any of the surrounding houses encroached into the front yards and he stated that several of them did as they were built in the late 1920's and early 1930's. After a short discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Topping - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mrs. Anne Burton has submitted an application for a building permit to the Building Inspector for the construc- tion of an addition at the front of the existing dwelling 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 Mamaro- neck with particular reference to Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-7.5 Residential District of the Zoning Ordinance which requires a front setback of 30 feet on the premises located at 286 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 95; and WHEREAS, Mrs. Anne L. Burton 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 applicant needs the ad- ditional room for a study as at present it is necessary for Mr. Burton to spend extra hours at his New York office because of the lack of a place for him to work in at home. 2. The proposed location would be aesthetically the most pleas- 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 grants 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 and do not apply generally to the land and/or buildings in the district and which circumstances and con- 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 proposed addi- tion will not extend any further than the existing terrace and will encroach approx- imately 3' on one side but less than 1' on the other side due to the irregular shape of the lot. 2. There are other houses in the block which are set back less than 30' from the property line. 3. There is no other location where the addition could be con- structed without a variance. 4. 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 such land and/or building and that for these reasons the grant- ing of the variance 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 pur- pose. (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 Residential District of the Zoning Ordinance so as to allow the construction of an addition at the front of the existing dwelling on the premises located at 286 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 95 in strict conformance with the plans filed with this application and amended, provided that the applicant com- plies in all other respects with the Zon- ing 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 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 8:40 P.M. Rita A. John , Secretary