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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