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HomeMy WebLinkAbout1971_10_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD OCTOBER 27, 1971, IN THE COURT ROOM OF THE COURT HOUSE, 1201 PALMER 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 September 23, 1971 were presented and on motion duly made and seconded, approved 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 of Mr. Robert J. Del Sole which had been held over from the meeting of September 23, 1971 to give the applicant an opportunity to discuss the plan with his neighbors. CASE 346 Application of Mr. Robert J. Del Sole for modifica- tion of Article IV Section 410 Schedule of Residence District Regulations for an R-7.5 Residential Dis- trict of the Zoning Ordinance so as to allow the construction of a roofed porch at the front of the dwelling having a minimum side yard of 5.0 feet in- stead of the required minimum side yard of 10 feet on the premises located at 86 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 213 on the grounds of practical difficulty and/or unnecessary hardship. The Chairman asked the applicant if he had spoken to his neighbors about the plan. Mr. Del Sole said he had discussed the plan with some of his neighbors and to the best of his knowledge there were no ob- jections. Mr. Eggers asked Mr. Geary since he had not attended the previous meeting if he had any ques- tions. The Chairman then asked if there was any one else interested in the application. Mr. John Fraioli of 91 Valley Road who lives across the street from the property in question said that after looking at the plan he felt the addition would enhance the neighborhood as the house had never been "finished". After a brief discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Topping - Aye Commissioner Geary - Aye The application was therefore granted and the follow- ing Resolution duly adopted: WHEREAS, Mr. Robert J. Del Sole has sub- mitted an application for a building per- mit to the Building Inspector for the con- struction of a roofed porch at the front of the 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 Mama- roneck with particular reference to Arti- cle IV Section 410 Schedule of Residence District Regulations for an R-7.5 Residen- tial District of the Zoning Ordinance which requires a minimum side yard of 10 feet on the premises located at 86 Valley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Par- cel 213; and WHEREAS, Mr. Robert J. Del Sole 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 in its present condition is an eyesore since the house was never "finished". 2. The proposed construction will beautify and enhance the neighborhood as well as the dwell- ing. WHEREAS, this Board has examined the plans, reviewed the application and heard all persons interested in this application f�0 � 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 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 side yard is presently non-conform- ing and the proposed porch will not extend any further than the existing dwelling. 2. The proposed con- struction will improve the appearance of the house. (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 detri- mental 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 Residen- tial District of the Zoning Ordinance be varied and modified so as to allow the construction of a roofed porch at the front of the dwelling having a mini- mum side yard of 5.0 feet instead of the required minimum side yard of 10 feet on the premises located at 86 Valley Road and known on the Tax Assessment Map of / yS/_9 the Town of Mamaroneck as Block 114 Par- cel 213 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 date of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed 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 next application which was Case 348. The applicant, Dr. Lester H. Grant was not present and there was no one present to represent the case. The Board did not hear the application and Mr. Eggers asked that Dr. Grant be notified that the case would be heard at the next meeting. The Chairman requested the Secretary read the second application. APPLICATION NO. 2 - CASE 349 Application of Mr. William Kelly for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations Note "A" for an R-10 Residential District of the Zoning Ordinance so as to allow the construction of a one story addition at the south- westerly side of the dwelling having a front setback of 11.75 feet from Woody Lane instead of the mini- mum required front setback of 30 feet from both streets on the premises located at 3 Woody Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 224 Parcel 173 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Kelly presented his application to the Board and stated that there was already an open porch at the side of the dwelling. The applicant wants to remove the porch and construct an addition to be used for a den. Mr. Kelly said that they want to enlarge the present foundation an additional 2 feet. It was pointed out that a variance had been granted in 1933 for a 122' setback and the proposed addition will not be any closer to Woody Lane than the pre- sent dwelling. The Chairman asked why the applicant was changing the type of shingles but the builder, JMC Home Improvement, Inc. of 919 Harmon Drive, Larch- wont, New York, pointed out that he intends to match the existing asphalt shingles. Mr. William Tieder of 9 Woody Lane examined the plan and said he had no objection. After further discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Topping - Aye Commissioner Geary - Aye The application was therefore granted and the follow- ing Resolution duly adopted: WHEREAS, Mr. William Kelly has submitted an application for a building permit to the Building Inspector for the construc- tion of a one story addition at the south- westerly side of the 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 Mama- roneck with particular reference to Arti- cle IV Section 410 Schedule of Residence District Regulations Note "A" for an R-10 Residential District of the Zoning Ordi- nance which requires a minimum front set- back from both streets of 30 feet on the premises located at 3 Woody Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 224 Parcel 173; and WHEREAS, Mr. William Kelly 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. Applicant needs more room for his growing family and pre- sent income will not allow moving. 2. There is no other feasible area for expansion. 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 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 ad- dition will not extend any closer to Woody Lane than the present dwelling. 2. That said circum- stances or conditions are such that the particular applica- tion of the Ordinance with respect to Ar- ticle IV Section 410 would deprive the applicant of the reason- able use of such land and/or buildings 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 detri- mental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV Section 410 Note "A" be varied and modi- fied so as to allow the construction of a one story addition at the southwesterly side of the dwelling having a front set- back of 11.75 feet from Woody Lane instead of the minimum required front setback of 30 feet from both streets on the premises located at 3 Woody Lane and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 224 Parcel 173 in strict conformance with the plans filed with this ap- plication and amended, 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 per- mit within three months of the date of the filing of this Resolution with the Town Clerk. The building permit shall be void if construction is not started within six months and completed 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 suggested that since the next regular meeting of the Zoning Board is scheduled for Novem- ber 24, 1971 which is Thanksgiving Eve the next meet- ing be held on December 1, 1971 and this meeting would take care of the December meeting. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 8:40 P.M. = r , etc Rita A. Johnso , Secretary / `7, 7