HomeMy WebLinkAbout1972_10_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS
OF THE TOWN OF MAMARONECK HELD OCTOBER 25, 1972, IN THE COUNCIL
ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND 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. Egbert R. Hardesty
Absent: Mr. Donald D. Geary, Jr.
Mr. Andrew W. Boraczek
Also present: Mr. William Paonessa, Building Inspector
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 explained to the applicants that because
only three members were present the vote would have
to be unanimous and the applicants had the privilege
of postponing their application to another meeting
without penalty. The applicants both declined to
adjourn and the Chairman asked the Secretary to read
the first application.
APPLICATION NO. 1 - CASE 370
Application of Mr. Paul D. Foote for modification
of Article IV Section 410 Schedule of Residence Dis-
trict Regulations for an R-7.5 Residential District
Note "D" Accessory Structures of the Zoning Ordinance
so as to allow the construction of a one car resi-
dential garage having a side yard of 1.3 feet and
rear yard of 2.3 feet instead of the minimum required
distance of 5 feet from side and rear property lines
for accessory structures on the premises located
at 64 Edgewood Avenue and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block 119 Par-
cel 265 on the grounds of practical difficulty and/
or unnecessary hardship.
Mr. Foote presented his application to the Board
and stated that the existing garage was beyond repair.
The applicant said the proposed garage would be in
the same location as the present garage but would
extend about three additional feet towards Emerson
Road.
Mr. Foote said because of the rock on the property
it was impractical to place the garage any place
else and if he wanted to put in a two car garage
it would necessitate removing the best tree on his
lot.
At the time Mr. Foote filed his application he had
attached two letters from his adjoining property
owners, Mrs. Daniel Sherr of 66 Edgewood Avenue and
Mr. and Mrs. Albert Shields of 30 Emerson Road.
Mr. Foote had discussed the plans for the garage
with Mrs. Sherr and Mr. and Mrs. Shields and they
stated in their letters that they had no objection
to the application.
After further discussion the Board voted on the ap-
plication and the result was as follows:
Commissioner Eggers - Aye
Commissioner Wassman - Aye
Commissioner Hardesty - Aye
The application was therefore granted and the fol-
lowing Resolution duly adopted:
WHEREAS, Mr. Paul D. Foote has submitted
an application for a building permit to
the Building Inspector to allow the con-
struction of a one car residential garage
to be located 1.3 feet from side property
line and 2.3 feet from rear property line
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-7.5 Residential
District Note "D" of the Zoning Ordinance
which requires that accessory structures
be located a minimum distance of 5 feet
from the property line on the premises lo-
cated at 64 Edgewood Avenue and known on
the Tax Assessment Map of the Town of Mama-
roneck as Block 119 Parcel 265; and
WHEREAS, Mr. Paul D. Foote has submitted
an application to this Board for a variance
on the ground of practical difficulty and/
or unnecessary hardship for the following
reasons:
1. The existing garage is beyond
repair.
2. Because of the amount of
rock on the property it is imprac-
ft, tical to put the garage in any
other place.
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.
fir✓
(b) That the aforesaid circum-
stances and/or conditions are
as follows:
1. The present gar-
age is beyond repair
and the new garage
will improve the pro-
perty.
2. Because there is
a large amount of rock
on the property if
the garage was located
to conform to the Zon-
ing Ordinance it would
entail blasting.
(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-
4
trict Regulations for an R-7.5 Residential
District Note "D" of the Zoning Ordinance
be varied and modified so as to allow the
construction of a one car residential gar-
age having a side yard of 1.3 feet and
a rear yard of 2.3 feet on the premises
located at 64 Edgewood Avenue and known
on the Tax Assessment Map of the Town of
Mamaroneck as Block 119 Parcel 265 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 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.
The Chairman asked the Secretary to read the second
application.
APPLICATION NO. 2 - CASE 371
Application of Mr. Edward P. Cunningham for modifi-
cation of Article IV Section 410 Schedule of Resi-
dence District 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 exist-
ing dwelling having a front setback of 27.3 feet
from Villa Road instead of the minimum required set-
back of 30 feet on the premises located at 16 Villa
Road and known on the Tax Assessment Map of the Town
of Mamaroneck as Block 111 Parcel 196 on the grounds
of practical difficulty and/or unnecessary hardship.
Mr. Cunningham presented his application to the Board
and stated that they needed more space as the house
at present is too small for a family of five. The
applicant said that the proposed addition would pro-
vide for another bedroom, enlarge the living room,
add another closet and enable them to have a small
entrance area which they do not have at present.
Mr. Cunningham said that the existing porch shields
the sun light from the living room making it dark
and the proposed large window would brighten the
living room. The applicant stated that in his opin-
ion the addition will make the house look larger
and will be more fitting to the neighborhood.
Mr. Cunningham, also, stated that he had gone around
and spoken to the neighbors and they all approved.
The applicant presented a letter from Mr. Stanley
Judkins of 6 Villa Road expressing his approval of
the change.
The Chairman pointed out that the house at present
projects beyond the front of the other houses on
the block and the extension will extend the front
2 feet further but the addition will add to the ap-
pearance of the house. Mr. Cunningham stated that
although his house did project in the front further
than his adjacent neighbors it did not appear so
because the adjoining houses are higher.
Mr. Eggers questioned about the slope of the roof
and the applicant said his main objective was to
make his house appear as high as the adjacent houses.
Mr. Cunningham said that because of the height of
the house at present it looks like the smallest house
on the street.
Mr. Eggers asked Mr. Cunningham when he had purchased
the house. The applicant said he had bought the
house about three years ago and at the time had two
children. The Cunninghams have three children now
and are presently using the dining room for a play-
room. There is no basement in the house and if the
variance is allowed they will use the small bedroom
on the first floor for a playroom. There are two
bedrooms at present on the second floor and the pro-
posed new room will be used for the baby.
After further discussion a vote was taken on the
application and the result was as follows:
Commissioner Eggers - Aye
Commissioner Wassman - Aye
Commissioner Hardesty - Aye
The application was therefore granted and the fol-
lowing Resolution duly adopted:
WHEREAS, Mr. Edward P. Cunningham has sub-
mitted an application for a building per-
mit to the Building Inspector for the con-
struction of an addition at the front of
the existing dwelling having a front set-
back of 27.3 feet from Villa Road 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-7.5 Residential
District of the Zoning Ordinance which re-
quires a minimum required front setback
of 30 feet on the premises located at 16
Villa Road and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 111
Parcel 196; and
WHEREAS, Mr. Edward P. Cunningham has sub-
mitted to this Board an application for
a variance on the ground of practical dif-
ficulty and/or unnecessary hardship for
the following reasons:
1. The house is too small for
a family of five.
2. The addition would provide
a separate entrance, an extra
bedroom, a larger living room
and a dwelling more fitting to
the neighborhood.
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. The proposed addi-
tion will provide for
another bedroom, enlarge
the living room, add
another closet and a
small entrance area
which the applicants
are in need of for
their growing family.
2. The proposed addi-
tion will create a
dwelling conforming
to size and aesthetics
of the houses in the
area.
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
deprive the applicant
of the reasonable use
of the 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.
4. That the granting
of this variance is
in harmony with the
general purposes and
intent of this Ordin-
ance and will not be
injurious to the neigh-
borhood 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 hav-
ing a front setback of 27.3 feet on the
premises located at 16 Villa Road and known
on the Tax Assessment Map of the Town of
Mamaroneck as Block 111 Parcel 196 in strict
conformance with plans filed with this
, y '
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 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.
It was brought to the attention of the Board that
the next scheduled meeting would be on Thanksgiv-
ing Eve and it was decided that the meeting would
be held on December 6, 1972.
ADJOURNMENT
There being no further business to come before this
meeting it was adjourned at 8:35 P.M.
/C-e.l. ?--eV /L . „,.,irtZ)77-41/4...-,(1....e-rt---
Rita A. Johnson, Secretary
4::)
/ � 7