HomeMy WebLinkAbout1972_09_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS
OF THE TOWN OF MAMARONECK HELD SEPTEMBER 27, 1972, IN 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. Donald D. Geary, Jr.
Mr. Egbert R. Hardesty
Absent: Mr. Andrew W. Boraczek
Also present: Mr. William Paonessa, Building Inspector
APPROVAL OF MINUTES
The minutes of the meeting of August 23, 1972 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.
Mr. Eggers asked the Secretary to read the first ap-
plication.
APPLICATION NO. 1 - CASE 365
Application of Mr. Anthony G. Ducati 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 a two story addition at the rear of the dwell-
ing having a rear yard of 10 feet more or less instead
of the minimum required rear yard of 25 feet on the
premises located at 21 Valley Road and known on the
Tax Assessment Map of the Town of Mamaroneck as Block
115 Parcel 480 on the grounds of practical difficulty
and/or unnecessary hardship.
Mr. Ducati presented his application to the Board
and stated that when he purchased the house three
years ago the house suited the size of his family.
The applicant stated that recently they had another
child and they were in need of extra room for both
a play room and bedroom area.
Mrs. Ducati stated that because of the hilly topo-
graphy of the lot there is no place for the baby
to play outside. The applicants said that when
they bought the house they had two children, 7 and
6 years old and there were no problems. Mr. Ducati
said they now have three bedrooms for five people
and are cramped for space as it is a small house.
After further discussion a vote was taken on the
application and the result was as follows:
Commissioner Eggers - Aye
Commissioner Wassman - Nay
Commissioner Geary - Aye
Commissioner Hardesty - Aye
The application was therefore granted and the fol-
lowing Resolution duly adopted:
WHEREAS, Mr. Anthony G. Ducati has submitted
an application for a building permit to
the Building Inspector for the construc-
tion of a two story addition at the rear
of the dwelling having a minimum rear yard
of 10 feet more or less 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 rear yard of 25 feet
on the premises located at 21 Valley Road
and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 115 Par-
cel 480; and
WHEREAS, Mr. Anthony Ducati 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. The dwelling is located on
a steep and shallow lot with
no usable open areas or yard
large enough to accommodate an
addition without a variance.
2. Proposed addition will create
a playroom and necessary bedroom
for a growing family.
WHEREAS, this Board has examined the plans,
reviewed the application and has heard
all persons interested in this applica-
tion 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 dwelling is
located on a steep,
shallow lot having no
usable open area or
yard.
2. Proposed addition
will increase livable
floor area.
3. That said circumstances
or conditions are such
that the particular
application of the Ordi-
nance with respect to
Article IV Section 410
would deprive the ap-
plicant of the reason-
able use of the land
and/or building and
that for these reasons
the granting of the
variance is necessary
for the reasonable use
of the land and/or build-
ing and that the vari-
ance as granted by this
Board is the minimum
adjustment that will
accomplish this purpose.
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-7.5 Residential
District of the Zoning Ordinance so as
to allow the construction of a two story
addition at the rear of the dwelling hav-
ing a rear yard of 10 feet more or less
on the premises located at 21 Valley Road
and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 115 Par-
cel 480 in strict conformance with plans
filed with this application provided that
the applicant complies in all other res-
pects with the Zoning Ordinance and Build-
ing Code of the Town of Mamaroneck.
FURTHER RESOLVED, that in accordance with
r''�°.' 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 next
application.
APPLICATION NO. 2 - CASE 366
Application of Mr. Salvatore Pepe for modification
of Article IV Section 410 Schedule of Permitted Uses
in a "B" Business District and Article IV Section
400.1 Conformance Required for all Land and Build-
ings of the Zoning Ordinance so as to permit the
use of the second floor for a woman's weight redu-
cing salon on the premises and a regional office
therefore located at 1330 Boston Post Road and known
on the Tax Assessment Map of the Town of Mamaroneck
as Block 410 Parcel 463 on the grounds of practical
difficulty and/or unnecessary hardship.
Mr. Pepe, the owner of the premises, presented his
application to the Board and stated that he wanted
to rent the second floor of the existing building
in the shopping center for a woman's weight reduc-
ing salon and regional office. Mr. Pepe said that
the present parking area is more than adequate and
that the space in question had previously been used
for an office. The applicant stated that the office
is already partitioned and there is a separate en-
trance from the office on the first floor which is
presently occupied by the First Westchester National
Bank. Mr. Pepe stated, also, that the proposed use
was a service type business and that similar uses
were allowed in business districts in other Towns.
Mr. John Vaughan of 12 Frost Lane, Hartsdale, New
York, is an officer of the concern that wants to
rent the premises in question, stated that they do
not use any machines, steam rooms or saunas and that
the peak capacity would probably be from 7:30 P.M.
to 8:30 P.M. when they would have a group of about
30. Mr. Vaughan said that the group in the morning
would be only about 15 or 20 and that 33% of the
floor space would be used for the regional office.
Mr. Vaughan, also, stated that the regional office
would be headquarters serving their salons in the
Bronx and Westchester.
Mr. Eggers questioned as to how many people would
be employed and Mr. Vaughan explained that there
would be about 4 clerical employees in the office
from 9 to 5 and there would be 3 employees in the
salon at one time.
Miss Deborah Bierman spoke for herself and several
other customers of the salon in favor of the appli-
cation.
After further discussion a vote was taken on the
application and the result was as follows:
Commissioner Eggers - Aye
Commissioner Wassman - Aye
Commissioner Geary - Aye
Commissioner Hardesty - Aye
The application was therefore granted and the fol-
lowing Resolution duly adopted:
WHEREAS, Mr. Salvatore Pepe has submitted
an application to the Building Inspector
to permit the use of the second floor for
a woman's weight reducing salon on the
premises and a regional office therefore;
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 Permitted
Uses in a "B" Business District and Arti-
cle IV Section 400.1 Conformance Required
for all Land and Buildings of the Zoning
Ordinance which requires that any use not
specifically permitted by this Ordinance
is prohibited on the premises located at
1330 Boston Post Road and known on the
Tax Assessment Map of the Town of Mamaro-
neck as Block 410 Parcel 463; and
WHEREAS, Mr. Salvatore Pepe 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 reason:
The proposed use will provide
a service ordinarily permitted
in a business district.
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 Board has deter-
mined that the proposed
use of the second story
of the building for
a weight reducing salon
and regional office
is a service type busi-
ness and would be in
conformity with per-
mitted use in a "B"
Business District.
2. That off-street
parking facilities
were adequate for the
proposed use.
3. That said circum-
stances or conditions
are such that the par-
ticular application
of the Ordinance with
respect to Article
IV Section 410 Sche-
dule of Permitted Uses
in a "B" Business Dis-
trict and Article IV
Section 400.1 Confor-
mance Required for
all Land and Buildings
of the Zoning Ordin-
ance would deprive
the applicant of the
reasonable use of the
land and/or buildings
and that for these
reasons the granting
of the variance is
necessary for the reason-
able use of the land
and/or building and
that the variance as
granted by this Board
is the minimum adjust-
ment that will accom-
plish this purpose.
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 Permitted Uses
in a "B" Business District and Article
IV Section 400.1 Conformance Required for
all Land and Buildings of the Zoning Ordi-
nance so as to permit the use of the second
floor for a woman's weight reducing salon
on the premises and a regional office there-
fore located at 1330 Boston Post Road and
known on the Tax Assessment Map of the
Town of Mamaroneck as Block 410 Parcel
463 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.
Mr. Eggers asked the Secretary to read the third
application.
APPLICATION NO. 3 - CASE 367
Application of Mr. C. Ferrara for modification of
Article IV Section 410 Schedule of Residence Dist-
rict Regulations for an R-7.5 Residential Note "D"
of the Zoning Ordinance which requires that acces-
sory structures be located a minimum distance of
5 feet from side property line. Proposed two car
residential garage will be located 1.9 feet from
side property line on the premises located at 1130
Palmer Avenue and known on the Tax Assessment Map
of the Town of Mamaroneck as Block 406 Parcel 327
on the grounds of practical difficulty and/or unnec-
essary hardship.
Mr. Ferrara presented his application to the Board
and stated that there was a garage presently on the
property that is falling apart and he wants the pro-
posed two car garage for his truck and car.
The applicant stated in his application that if the
garage was placed in conformance with the side yard
requirements it would be very difficult to maneuver
around the rear of the existing house.
After further discussion a vote was taken on the
application and the result was as follows:
Commissioner Eggers - Aye
Commissioner Wassman - Aye
Commissioner Geary - Aye
Commissioner Hardesty - Aye
The application for a two car residential garage
was therefore granted and the following Resolution
duly adopted:
WHEREAS, Mr. C. Ferrara has submitted an
application for a building permit to the
Building Inspector to allow the construc-
tion of a two car residential garage to
be located 1.9 feet from the side 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 side property line on the premises
located at 1130 Palmer Avenue and known
on the Tax Assessment Map of the Town of
Mamaroneck as Block 406 Parcel 327; and
WHEREAS, Mr. C. Ferrara 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. If the proposed two car resi-
dential garage was placed in
conformance with the side yard
requirements it would be very
difficult to maneuver around
the rear of the existing house.
2. The existing garage cannot
be used in its present state.
WHEREAS, this Board has examined the plans,
reviewed the application and has heard
all persons interested in this applica-
tion 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/or conditions have not re-
sulted from any acts of the ap-
plicant subsequent to the date
of the Zoning Regulations appealed
from.
(b) That the aforesaid circum-
stances and/or conditions are
as follows:
1. The present garage
is in disrepair and
not usable.
2. If the applicant
placed the proposed
garage to conform with
the side yard require-
ments access to it would
be difficult due to
.A_ the location of the
existing dwelling.
(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 Note "D" of the Zoning Ordinance
be varied and modified so as to allow the
construction of a two car residential gar-
age to be located 1.9 feet from the side
property line on the premises located at
1130 Palmer Avenue and known on the Tax
Assessment Map of the Town of Mamaroneck
as Block 406 Parcel 327 in strict confor-
mance with plans filed with this applica-
tion provided that the applicant complies
in all other respects with the Zoning Ordi-
nance and Building Code of the Town of
Mamaroneck.
ft. v A
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 fourth
application.
APPLICATION NO. 4 - CASE 368
Application of Mr. M. Dubilier for modification of
Article IV Section 410 Schedule of Residence District
Regulations for an R-20 Residential District and Article
IV Section 410 Schedule of Permitted Accessory Uses
of the Zoning Ordinance so as to allow the construc-
tion of a one family dwelling having a rear yard of
15 feet instead of the required minimum rear yard
of 40 feet and to allow the construction of a family
swimming pool located 8 feet from the proposed struc-
ture instead of the required 15 feet on the premises
located at Hilltop Road and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block 228 Par-
cel 75 on the grounds of practical difficulty and/
or unnecessary hardship.
Mr. Dubilier presented his application to the Board
and questioned the interpretation of the Zoning Ordi-
nance as to what constituted the front yard. The
applicant stated that the lot in question is unique
and he considered it more or less of a flag lot with
very little frontage.
Mr. Arthur Finn of 25 Stoneyside Drive, Larchmont,
who is the designer of the proposed property, also,
questioned the interpretation of the Zoning Ordinance.
Mr. Paonessa, the Building Inspector, explained that
the Zoning Ordinance provides for only two types of
lots, interior and corner lots and that the lot in
question was to be considered an interior lot having
frontage on Hilltop Road.
Mr. Traviesas of 5 Hilltop Road, who is the owner
of the property adjacent to the lot in question ex-
pressed concern as to how far the proposed building
would be going to the property line on the brook.
Mr. Traviesas, also, expressed concern as to the amount
of shrubbery that would be maintained and what would
be done about the rock. Mr. Finn said that they in-
tended to build the house on top of the rock and keep
as many of the trees as possible in the back and front.
Mrs. Traviesas questioned as to what kind of cover-
ing was to be used on the g pool in winter and Mr. Finn
said the covering would probably be plastic but that
there would be enough shrubbery to completely shield
the swimming pool. Mr. Finn stated that the house
would be built beyond the rock and the pool would
be constructed on top of the rock.
Mr. L. S. Sparrell of 9 York Road stated that Mr.
Someck of 11 York Road, whose property abuts the side
of the lot in question was out of Town and not able
to attend the meeting. Mr. Sparrell said that the
Somecks will be looking at the back of the proposed
house. It was pointed out that Mr. Dubilier presently
has hemlocks in the rear of the property and he plans
to extend the trees. Mr. Sparrell said that the lot
in question is presently used by the neighbors to
dump leaves and is not attractive.
Mr. Shuebruk of 7 York Road and Mr. Bell of 7 Hill-
top Road both examined the plans. Mrs. Bell questioned
as to the rights of the waterway and Mr. Paonessa
pointed out that there is a notation on the subdivi-
sion map of the Soundview Woods Section 3 that the
minimum front yard setback of 40 feet will be measured
from the street line for all the lots on this plat.
�••� After further discussion the Chairman asked for a
short recess. When the Board returned Mr. Eggers
asked the applicants if they would be willing to amend
the proposed plan to show all structures moved back
five feet from the property line without extending
any further in the rear. The applicants agreed and
the Board voted on the amended plan. The result was
as follows:
Commissioner Eggers - Aye
Commissioner Wassman - Aye
Commissioner Geary - Aye
Commissioner Hardesty - Aye
The amended application was therefore granted and
the following Resolution duly adopted:
WHEREAS, Mr. M. Dubilier has submitted an
application for a building permit to the
Building Inspector to allow the construc-
tion of a one family dwelling having a rear
yard of 15 feet and the construction of
a family swimming pool located 8 feet from
the proposed structure 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-20 Residen-
tial District which requires a minimum
rear yard of 40 feet and Article IV Sec-
tion 410 Schedule of Permitted Accessory
Uses which requires accessory structures
be located a minimum of 15 feet from all
structures on the premises located at Hill-
top Road and known on the Tax Assessment
Map of the Town of Mamaorneck as Block
228 Parcel 75; and
WHEREAS, Mr. Dubilier 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. Because of the topography
and shape of the lot the appli-
cant feels the proposed structure
is designed to continue the natu-
ral appearance of the rock.
2. The pool is placed at the
proposed location to take advan-
tage of the sun and will be closed
from the street by planting.
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,
WHEREAS, this Board has requested the ap-
plicant to amend the plan to show the build-
ing located a minimum distance of 5 feet
back from front property line without ex-
tending any further in the rear;
NOW, THEREFORE, BE IT
RESOLVED, that this Board granted the ap-
plication as amended 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 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 lot was an
approved building site
as shown on the Subdi-
vision Map of Soundview
Woods Section 3.
2. The lot has limited
frontage and access
due to existing Town
parcel along Hilltop
Road.
3. The lot has shal-
low depth and topography
of lot restricts loca-
tion of proposed dwell-
ing.
(rc) 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-20 Residential
District and Article IV Section 410 Sche-
dule of Permitted Accessory Uses of the
Zoning Ordinance be varied and modified
so as to allow the construction of a one
family dwelling having a rear yard of 15
feet and a family swimming pool to be lo-
cated 8 feet from the structure on the
premises located at Hilltop Road and known
on the Tax Assessment Map of the Town of
Mamaroneck as Block 228 Parcel 75 in strict
conformance with plans filed with this
application 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
IIIOrdinance 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-
/r; W �
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 last
application.
APPLICATION NO. 5 - CASE 369
Application of Mr. Edward Bridge 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 dwelling
having a minimum front setback of 26.81 feet instead
of the minimum required front setback of 30 feet
on the premises located at 89 Edgewood Avenue and
known on the Tax Assessment Map of the Town of Mama-
roneck as Block 127 Parcel 323 on the grounds of
practical difficulty and/or unnecessary hardship.
Mr. Bridge presented his application to the Board
and stated that they proposed to enclose part of
the existing terrace for a new front entrance to
provide a weather enclosure. The applicant said
that at present the front door opens directly into
the living room and that the fireplace is only about
6 feet from the door. Mr. Bridge said that they
have no place to take off their boots or muddied
footwear and it is damaging to the carpet in the
living room. The applicant said it is impractical
to use the rear entrance because of the topography
of the lot and they feel the addition will add to
the appeal of the house. Mr. Bridge, also, stated
that the wood trim will match the existing trim on
the house.
After further discussion a vote was taken on the
application and the result was as follows:
Commissioner Eggers - Aye
Commissioner Wassman - Aye •
Commissioner Geary - Aye
Commissioner Hardesty - Aye
The application was therefore granted and the fol-
lowing Resolution duly adopted:
WHEREAS, Mr. Edward Bridge has submitted
an application for a building permit to
the Building Inspector for the construc-
tion of an addition at the front of the
dwelling having a minimum front setback
of 26.81 feet; 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 which requires a front setback
of 30 feet on the premises located at 89
Edgewood Avenue and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block
127 Parcel 323; and
WHEREAS, Mr. Edward Bridge has submitted
an application for a variance on the ground
of practical difficulty and/or unnecessary
hardship for the following reasons:
1. Because the front door opens
directly into the living room
it causes many problems includ-
ing heating, damage to carpet,
etc.
2. It is impractical to use
the rear entrance because of
the topography of the lot.
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
application 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 circumstanes 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 ad-
dition will not extend
into the front yard
any further than the
existing terrace.
2. Because of the
difficulty in heating
and damage to the liv-
ing room floor the
proposed addition is
the most logical solu-
tion.
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
buildings and that
for these reasons the
granting of the vari-
ance 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 purpose.
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-7.5 Residen-
tial District of the Zoning Ordinance so
as to allow the construction of an addi-
tion at the front of the dwelling having
a minimum front setback of 26.81 feet on
the premises located at 89 Edgewood Ave-
nue and known on the Tax Assessment Map
of the Town of Mamaroneck as Block 127
Parcel 323 in strict conformance with plans
filed with this application provided that
the applicant complies in all other res-
pects with the Zoning Ordinance and Build-
ing 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 10:15 P.M.
Rita A. Johnson, Secretary
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