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HomeMy WebLinkAbout1978_04_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD APRIL 26, 1978, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARC11ONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. E. Robert Wassman, Chairman Mr. Andrew W. Boraczek Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Absent: Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of March 22, 1978 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. CASE 473 Mr. Codino' s application had originally been held over from the meeting of January 26, 1978 so that the applicant could submit a more accurate plan. At the meetings of February 22 and March 22, 1978 because only three members were present Mr. Codino asked to have his application post- poned. Mr. Bodkin who had been absent at the meeting of February 22nd reviewed the plan and the Board discussed the appli- cation . The Board asked Mr. Codino why he could not put the garage on the Murray Avenue side as there is an exist- ing curb cut. The applicant said because there was a 35 ft. drop in the rear he did not think it was a good location for the garage. The Board pointed out that since Mr. Codino had bricked in the original garage he had created his own hardship. Mr. Codino in his application stated that his reasons for bricking in the garage was because of a drainage problem which was now solved. Mr. Dominick Ibelli of 3 Leafy Lane and Mr. Carl Tortorella of 5 Leafy Lane examined the new plan . After further discussion a vote was taken on the applica- tion and the result was as follows: Commissioner Wassman - Nay Commissioner Boraczek - Nay Commissioner Bodkin - Nay Commissioner Moore - Nay The application was therefore denied and the following Resolution adopted: WHEREAS, Mr. Albert Codino has submitted an application to the Building Inspector to allow the construction of an attached garage at the easterly side of the dwelling having a 7 ft. side yard 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 Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article VI Section 89- 34 Subsection B (3) "Construction Requirements for an R-7.5 Residential District" which requires a minimum side yard of 10 ft. on the premises located at 1 Leafy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 126 Parcel 135; and WHEREAS, Mr. Albert Codino has submitted to this Board an application for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons: 1 . The original garage was closed in order to correct a drainage pro- blem. 2. There is a 40 ft. drop at the rear of the dwelling. 3. The only other outlet on Murray Avenue is not desirable because of the heavy traffic and would consti- tute a safety hazard. 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 denied the applica- tion on the following grounds: 1 . The Board felt the applicant had created his own hardship by closing up the original garage to create ad- ditional living area . 2 . That there are locations on the lot where off-street parking facilities can be provided in conformity with the Zoning Ordinance. 3. That there are locations on the parcel where a garage could be con- structed with a minimum variance of the Zoning Ordinance. 4. That there were no special cir- cumstances or conditions applying to the land for which the variance is sought, which circumstances or conditions are peculiar to such land and which do not apply generally to land in the district. 5. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land. 6. That the granting of the variance would not be in harmony with the gen- eral purposes and intent of this Ordi- nance and would be injurious to the neighborhood and detrimental to the public welfare. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 1 - CASE 477 Application of Mr. and Mrs. Lawrence R. Mulligan for modi- fication of Article X Non-Conforming Uses 89-56 "Use of Buildings" of the Zoning Ordinance which does not permit an enlargement of a dwelling unless proposed use conforms to Zoning District in which it is located to permit an addition to a non-conforming two family dwelling in a One Family R-10 Residential District on the premises located at 733 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Parcel 389 on the grounds of practical difficulty and/or unnecessary hard- ship. Mr. Mulligan presented his application to the Board and said they needed additional living space as the existing unit has only one bedroom and one bathroom. The applicant said he proposed to add two additional bedrooms on the second floor and a living room and den on the first floor. Mr. Mulligan said that when the house was built sometime in the 20's it was built as a two family and at present they have two small three room apartments. The applicant said if he attempted to make it a one family he would have two small bedrooms, living rooms and kitchens. Mr. Mul- ligan, in conclusion, said that he was complying with all the area requirements for the zone and he had spoken to his neighbors in the rear who were in favor of the appli- cation. The Board questioned as to the parking and the applicant said he was providing a new driveway with an additional parking area. The Board, also, asked about access to the house. Mr. Wassman read three letters that had been received in reference to the application. The first letter had been dictated to the Secretary by Mrs. Bauer of 731 Forest Ave- nue. Mrs. Bauer had stopped in the Office to look at the plan and asked the Secretary to say she had no objection to the application and thought it might enhance the pro- perty. Mr. and Mrs. Louis T. Fiore of 737 Forest Avenue wrote and said they had no objections providing the addition would be in keeping with the aesthetics of the area. The Fiores asked in their letter that provision be made in the new construction for parking cars . Mrs. Josephine DeMarco of 42 Holly Place wrote and said her objection was primarily to maintain the one family resi- dential in that area as any change would bring about the usual automobile congestion, pollution, etc. After a brief discussion a vote was taken on the applica- tion and the result was as follows: Commissioner Wassman - Nay Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs . Lawrence R. Mulligan have submitted an application to the Building Inspector to permit an addition to a non-conforming two family 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 Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article X Non-Conform- ing Uses 89-56 "Use of Buildings" which does not permit an enlargement of a dwelling unless proposed use conforms to Zoning District in which it is located on the premises located at 733 Forest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 220 Parcel 389; and WHEREAS, Mr. and Mrs. Lawrence R. Mulligan have 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 applicant requires additional living space as the existing unit only has one bedroom. 2. Because of the size of the pre- sent rooms and the low ceiling on the second floor it does not lend itself to conversion to a one family. 3. The proposed addition complies with the area requirements for an R-10 Residential Zone. 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 conditions 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 addition complies with the area re- quirements for the zoning district in which it is located. 2. That the proposed ad- dition will also create an off-street parking area in conformity with the Zon- ing Ordinance. 3. That the proposed ad- dition would create addi- tional living area in con- formity with minimum require- ments for dwellings located in the Zoning district. 4. That circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article X Non-Con- forming Uses 89-56 "Use of Buildings" would deprive the applicant of the reason- able use of the land and/ or buildings and that the variance as granted by this Board is a minimal adjust- ment that will accomplish this purpose. 5. 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 X Non-Conforming Uses 89-56 "Use of Buildings" of the Zoning Ordi- nance be varied and modified so as to permit the construction of an addition to a non-con- forming two family dwelling in a One Family R-l0 Residential District on the premises lo- cated at 733 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Parcel 389 in strict conformance with plans filed with this application provided that the applicant complies in all other res- pects with the Zoning Ordinance and Building Code of the Town of Mamaroneck; and be it 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; and be it 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 meet- ing it was adjourned at 9:30 P.M. ckft.7-f--- , (9t- • , 4-44-7L---- Rita A. Johnson, Secretary 0