Loading...
HomeMy WebLinkAbout1979_04_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD APRIL 25, 1979, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the acting Chairman, Mr. Andrew W. Boraczek at 8:15 P.M. ROLL CALL Present: Mr. Andrew W. Boraczek, acting Chairman Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Absent: Mr. E. Robert Wassman Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of March 28, 1979 were presented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. In the absence of Mr. Wassman, Mr. Boraczek, the acting Chairman advised the applicants that since only three members were present their applications would have to be approved unanimously and they had the privilege of having their applications heard at the next meeting with- out penalty. Mr. Riley of 2 Homer Avenue, the first applicant, said he would wait until the next meeting but advised the Board that his neighbors who would be most affected by the deck had said they had no objection to the proposed addition. Mr. Riley said he would either get a letter from his neigh- bors or have them appear in person for the next meeting. The second applicant, Mr. Cockcroft of 93 Hickory Grove Drive West, decided to have his application heard and Mr. Boraczek asked the Secretary to read the notice. APPLICATION NO. 2 - CASE 505 Application of Mr. and Mrs . Michael D. Cockcroft for modi- fication of Article VI Section 89-35 Subsection B (2) "Construction Requirements for an R-6 One Family Residence District" to allow the construction of a wooden deck at the rear of the dwelling maintaining an existing side yard of 6.5 ft. more or less instead of the minimum re- quired side yard of 8 ft. on the premises located at 93 Hickory Grove Drive West and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 764 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Cockcroft presented his application to the Board and said that if the deck was made smaller the driveway would be blocked by the support column . The applicant said aesthetically the proposed location would be the most desirable and a smaller deck would not be useful . Mr. Cockcroft, also, said that the house next door is 14 ft. from the proposed addition and it was pointed out that the applicant had a rear yard of approximately 50 ft. There was no correspondence or did anyone appear in either approval or opposition to the application. After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore granted with the provision that the applicant submit a plan before he obtains his building permit with either an Architect or Engineer's seal . The following Resolution was adopted: WHEREAS, Mr. and Mrs . Michael D. Cockcroft have submitted an application to the Building Inspector to allow the construction of a wood deck at the rear of the property maintaining an existing side yard of 6 .5 ft. 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 Article VI Section 89-35 Subsection B (2) "Construc- tion Requirements for an R-6 One Family Resi- dence District" which requires a minimum side yard of 8 ft. on the premises located at 93 Hickory Grove Drive West and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 764; and WHEREAS, Mr. and Mrs. Michael D. Cockcroft have submitted an application to this Board for a variance on the ground of practical dif- ficulty and/or unnecessary hardship for the following reasons: 1 . If the deck was made smaller the driveway to the garage would be blocked and the door would be crammed to the side. 2. A smaller deck would not leave a useful deck area and would spoil the line of the existing house aestheti- cally. 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 appli- cation on the following grounds : (a) That there are special circum- stances and corditions applying to the land and/or building for which a variance is sought, which circum- stances and/or conditions have not resulted from any acts of the appli- cant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/or conditions are as follows : 1 . The proposed deck will not encroach on the side yard any further than the present structure. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-35 Subsection B (2) "Con- struction Requirements for an R-6 One Family Residence District" would deprive the applicant of the reason- able use of the land and/or building and that the vari- ance as granted by this Board is a minimal adjust- ment that will accomplish this purpose. 3. That the granting of the variance is in harmony with the general purposes and intent of the Ordinance 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 and that Article VI Section 89-35 Sub- section B (2) "Construction Requirements for an R-6 One Family Residence District" be varied and modified so as to allow the construction of a wood deck at the rear of the dwelling maintaining an existing side yard of 6.5 ft. more or less on the premises located at 93 Hickory Grove Drive West and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 764 in strict conformance with plans filed with this application , sub- ject to the following condition, provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck . That the applicant submit a plan with either an Architect or Engineer's seal before he obtains a building permit. 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 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. ADJOURNMENT The regular meeting was adjourned in memory of the former Chairman, Dick Eggers , who died on April 15, 1979 and the following Resolution was adopted: WHEREAS, Richard F. Eggers, a resident of the Town of Mamaroneck for most of his life, died on the 15th day of April , 1979, and WHEREAS, Dick served as a member of the Town' s Zoning Board of Appeals from 1960 and as its Chairman from 1968 with dedication and devotion until tendering his resignation 1975 upon moving to Florida, and WHEREAS, during his entire tenure of office he guided the work of the Zoning Board with diligence and perception, contributing his (9-0 `)/3 valuable skills, knowledge, expertise and under- standing to all aspects of the matters before this Board and always showing himself an able leader, ever mindful of the welfare of those who appealed to the Board and acting always in their best interest, and WHEREAS, he further served his community in many other civic and business posts with out- standing ability and his Country with great honor in both World War II and the Korean War, NOW, THEREFORE, BE IT RESOLVED, that the members of these Boards , the Town Staff and all our residents convey to Mrs . Eggers and the members of her family our deep sense of loss, grief and sorrow, and be it further RESOLVED, that this meeting stands adjourned this evening in respect to and in honor of the memory of - RICHARD F. EGGERS and that this Resolution be entered upon the minutes of this meeting as a permanent and lasting tribute to him. There being no further business to come before this meet- ing it was adjourned at 8:45 P .M. R a A. Johns , -Secretary