Loading...
HomeMy WebLinkAbout1977_04_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD APRIL 27, 1977, IN THE COURT HOUSE, 1201 PALMER AVENUE, LARCHMONT, 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_ Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of March 23, 1977 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. The Secretary was asked to read the first application. APPLICATION NO. 1 - CASE 455 Application of Mr. Joseph Rizzotto for modification of Article VI Section 89-35 Subsection B (1 ) and B (2-6) "Construction Requirements for an R-6 One Family Residence District" which requires a minimum front setback of 30 ft. and a total distance of both side yards of 18 ft. to allow the construction of a carport having a front set- back of 16 ft. and a side yard of 6 ft. and a total of both side yards of 14 ft. on the premises located at 9 Thompson Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 670 on the grounds of practical difficulty and/or unnecessary hard- ship. Mr. Rizzotto presented his application stating that because of the setback of his house, which is non-conforming at present, the location of the swimming pool and the exist- ing steps, it is impossible to put the carport in any other location. The applicant said that additionally because of a water problem they cannot put the garage in under the house and the proposed carport will provide cover for his two cars that he has had to keep outside. Members of the Board questioned as to the size of the carport and Mr. Rizzotto said it would also provide room 1.gYg for the storage of his lawn mower. The Board, also, ques- tioned as to what had haapened to the previous garage and the swimming pool that was constructed in the rear yard. Mr. Rizzotto said that the garage had been in dis- repair and could not be salvaged. After further discussion the Board voted on the applic- tion and the result was as follows : Commissioner Wassman - Nay Commissioner Boraczek - Nay Commissioner Hardesty - Nay Commissioner Bodkin - Nay Commissioner Moore - Nay The application was therefore denied and the following Resolution adopted: WHEREAS, Mr. Joseph Rizzotto has submitted an application to the Building Inspector to allow the construction of a carport having a front setback of 16 ft. and a side yard of 6 ft. and a total of both side yards of 14 ft. 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 89-35 Subsection B (1 ) and B (2-6) "Construction Require- ments for an R-6 One Family Residence District" which requires a minimum front setback of 30 ft. and a total distance of both side yards of 18 ft. , and WHEREAS, Mr. Joseph Rizzotto 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 . Proposed carport will provide needed cover for two cars now parked outside. 2. Because of the location of the dwelling which has a nonconforming front setback and the swimming pool in the rear yard there is no other place for the carport. 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 O q RESOLVED, that this Board denied the applica- tion on the following grounds: © 1 . The applicant had constructed a swimming pool in the rear yard of his property after the demolition of the existing garage. 2. The applicant had constructed other additions to the dwelling which further restricted the use of his property. 3. The proposed carport was so large as to also provide storage for garden tools and equipment. 4. The proposed carport could be constructed on the site requiring minimum front and side yard variances. 5. There were no special circumstances or conditions applying to the land for which the variance is sought, which circumstarces or conditions are peculiar to such land and which do not apply generally to land in the district. 6. The facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive the applicant of the reason- able use of the land. 7. The granting of the variance would not be in harmony with the general purposes and intent of this Ordinance and would be injurious to the neigh- borhood and detrimental to the pub- lic 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. 2 - CASE 456 Application of Mr. and Mrs. John Lesser for modification of Article VI Section 89-33 Subsection B (3) "Construc- ( tion Requirements for an R-10 One Family Residence Dis- trict: which requires a minimum rear yard of 25 ft. to allow the construction of a wood deck having a rear yard of 6 ft. on the premises located at 24 Orchard Road and T fL3e known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 262 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. Lesser presented his application to the Board and said they felt they would like to satisfy four require- ments. The applicant said the proposed addition would provide access to the kitchen and it was the farthest distance from his neighbors who face his rear yard. He further said it would be the least expensive location and he would like to preserve the most utilizied portion of the rear yard. It was pointed out that the house is presently non-con- forming and even if the deck was moved over it would not comply with the zoning. Mr. Wassman pointed out that the lot was irregularly shaped. Mr. Lesser presented the Board with two letters from his neighbors which Mr. Wassman read. Mrs. D. J. Manion of 21 Orchard Road said in her letter that she lived across the street and no objection to the proposed addition. . Mr. Alfred Mendoza of 27 Orchard Road said in his letter he supported the variance as an improvement that would enhance a homeowner's enjoyment of his property should be given careful consideration. Mr. Wassman , also, read a letter from Mrs. Esther E. Flowers , who is the executrix of the estate of Clarence R. Fischle. Mrs. Flowers in her letter said that she objected to the application as the Fischle property adjoins the rear of the Lesser's lot and the addition would leave very little clearance between the two yards. A letter was, also, read from Mr. Thomas F. Moore, Jr. , who is the Attorney for the estate of Mr. Fischle. Mr. Moore said in his letter that the Lesser's house already fails to meet the zoning requirements which is true of many of the houses in the neighborhood which were built before the zoning requirements were adopted. Mr. Moore, further, said in his letter their main reason for object- ing was that the property at 324 Weaver Street would be placed on the market for sale and he felt the weakening of the zoning requirements would have an adverse effect on the marketability of the property and the price to be obtained for it. Mr. Moore, also, said any prospec- tive buyers seeing construction on the very small rear yard at 24 Orchard Road would tend to adopt a negative attitude toward purchasing the Fischle house. In conclu- sion, Mr. Moore stated that Mr. Lesser in his application said that the proposed addition would provide access to the kitchen and would be the easiest and least expensive location for the access door but Mr. Moore said there is already access from the rear yard by a back door to the basement and to the first floor of the house includ- 7) / ing the kitchen. The Board questioned Mr. Lesser as to the difference in grade between his property and the Fischel lot and it was determined that the proposed deck would be slightly higher than the top of the 4' fence on Fischel ' s property. Mr. Lasser said at the rear of FischellIs lot there was a complete row of trees. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Wassman - Nay Commissioner Boraczek - Aye Commissioner Hardesty - Nay Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. John Lesser have submitted an application to the Building Inspector to allow the construction of a wood deck having a rear yard of 6 ft. 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- 33 Subsection B (3) "Construction Requirements for an R-10 One Family Residence District" which requires a minimum rear yard of 25 ft. on the premises located at 24 Orchard Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 218 Parcel 262; and WHEREAS, Mr. and Mrs. John Lesser 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 . Because of the irregular shape of the lot a deck could not be built without a variance. 2. The proposed location is the farthest distance from his neighbors who are facing his rear yard. 3. The proposed location is the least expensive and will preserve the most utilized portion of the rear yard. 4. The proposed location will provide the best site for access to the kitchen and access door. C5 3 7' WHEREAS , this Board has examined the plans , reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion 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 . Due to the layout and location of the dwelling on the irregular shaped lot which has a very shal- low rear yard any addition to the dwelling would re- quire a variance. 2. That access to the pro- posed deck from the kitchen can only be gained at the location suggested. 3. That the usable area of the lot would be preserved . by the proposed location. 4. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-33 Subsection B (3) "Con- struction Requirements for an R-10 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. 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 otherwise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 Sub- section B (3) "Construction Requirements for an R-10 One Family Residence District" be varied and modified so as to allow the construction of a wood deck having a rear yard of 6 ft. on the premises located at 24 Orchard Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 262 in strict conformance with plans filed with this appli- cation provided that the applicant complies in all other respects 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. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 3 - CASE 457 Application of Mr. and Mrs. Charles Katze for modifica- tion of Article VI Section 89-34 Subsection B (2) (a) and (b) "Construction Requirements for an R-7. 5 One Fam- ily Residence District" which requires a minimum side yard of 10 ft. and a total of both side yards of 20 ft. to allow the construction of a 2 story addition at the rear of the dwelling maintaining a side yard of 7 ft. and a total of both side yards of 12.8 ft. on the prem- ises located at 203 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 514 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Katze presented his application stating they had four children and three bedrooms. The applicant said they had looked at larger homes but could not afford to move and the addition would provide three new rooms. It was pointed out that the proposed addition would not extend any further than at present and the house is presently non-conforming. Mr. Howard English of 192 Rockingstone Avenue and the owner of the property at 211 Rockingstone Avenue appeared in support of Mr. Katze's application. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. Katze have submitted an application to the Building Inspector to allow the construction of a 2 story addition at the rear of the dwelling having a side yard of 7 ft. and a total of both side yards of 12.8 ft. , 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 Ordi- nance of the Town of Mamaroneck with particular reference to Article VI Section 89-34 Subsection B (2) (a) and (b) "Construction Requirements for an R-7. 5 One Family Residence District" which requires a side yard of 10 ft. and a total of both side yards of 20 ft. on the premises located at 203 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 514; and WHEREAS, Mr. and Mrs. Charles Katze have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1 . The proposed addition will pro- vide additional living space that is necessary. 2. The proposed construction will stay within the present lines of the structure. 3. The applicant cannot afford to move to a larger house. WHEREAS, this Board has examined the plans , reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion on the following grounds : (a) That there are special circumstances and conditions applying to the land and/or building for which a variance is sought, which circumstances and/ or conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and conditions are as follows: 1 . The proposed addition will not decrease the exist- ing side yard set back of 7 ft. and the total of both side yards of 12.8 ft. 2. The proposed addition will provide two additional bedrooms on the second floor and increa T the usable floor area in the dwelling in con- formity with the requirements of minimum floor area for a dwelling located in an R-7. 5 District. (c) That the granting of this vari- ance will be in harmony with the gen- eral 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 VI Section 89-34 Subsection B (2) (a) & (b) "Construction Requirements for an R-7. 5 One Family Residence District" so as to allow the construction of a 2 story addition at the rear of the dwelling having a side yard of 7 ft. and a total of both side yards of 12.8 ft. on the premises located at 203 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 514 in strict conformance with plans filed with this application provided that the applicant complies in all other respects with 106 �� 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 building permit shall be void if construction is not started within six months and completed within two years of the date of sai d 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 appli- cation. APPLICATION NO. 4 - CASE 458 Application of Lux Car Care Ltd. for modification of Ar- ticle VII Section 89-41 Subsection B (3) "Construction Requirements for a "B" Business District" which requires a minimum rear yard of 25 ft. and Article II Section 89-7 Subsection B "Divided Properties" which requires a mini- mum setback of 100 ft. from street leading into residen- tial district to allow the construction of one story ad- ditions having a rear yard of 16 ft. and a setback of 35 ft. from Van Guilder Street an unimproved street on the premises located at 2434 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Parcel 326 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. Abrahans, who is the owner of the business known as Lux Car Care Ltd. , presented his application stating that he had owned the business a little over a year, and wanted permission to cover the existing machinery which should never have been constructed in that manner. The appli- cant said that in the winter time they are unable to op- erate because the pipes freeze and he is not asking to increase his capacity but the period of time that he can use his machinery. Mr. Abrahams, also, said he had been robbed five times and the additions would protect the car wash from vandal- ism. The applicant further said that he was able to keep cars overnight indoors he would be able to wax cars for new car dealers. Mr. Thomas Palumbo, who is the owner of the property, said he had tried to run the car wash and was not success- ful but if Mr. Abrahams was able to operate during the winter months he would probably be able to make a go. Mr. Palumbo said he felt in the nice weather customers wash their own cars by hosing them but in the winter time they would prefer to go to the car wash. Mrs. Ruth Perrault of 65 Sherwood Drive said she objected to the application and felt by allowing the car wash to come closer to the homes it will not enhance their pro- perty. Mrs. Perrault, also, said they had a water and debris problem. Mr. Abrahams said he had cleaned the drain out on that day and it was pointed out that when the car wash had received their permit from the Town Board one of the conditions had been the installation of a drain on the side which took care of the water from the wash- ing of the cars. It was, also, pointed out that the debris Mrs. Perrault spoke about was in the residential section of the property. Mrs. Herbert Harriott of 70 Sherwood Drive , who is a new resident said she thought the enclosure of the machinery would reduce the noise from the equipment but was concerned as to whether other businesses in the vicinity would want to expand. Mrs. Patrick Martyn of 63 Sherwood Drive and Mrs. Antonio Fernandez of 74 Sherwood Drive both spoke about noise, water and debris. Mr. Paonessa advised the members of the Board that if the application was approved Mr. Abrahams would still have to appear before the Town Board as the car wash is operated under a Special Permit which must be approved by the Town Board and that the Property Maintenance Code only takes care of the business area. Mr. Abrahams, in conclusion, said he was aware of the drainage problem and had a receipt for a job he was hav- ing done to alleviate the condition. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Lux Car Care Ltd. , has submitted an application to the Building Inspector to allow the construction of one story additions having a rear yard of 16 ft. and a setback of 35 ft. from Van Guilder Street an unimproved street together with plans ; and 14 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 VII Section 89-41 Subsection B (3) "Construction Require- ments for a "B" Business District" which requires a minimum rear yard of 25 ft. and Article II Section 89-7 Subsection B "Divided Properties" which requires a minimum setback of 100 ft. from street leading into residential district on the premises located at 2434 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Parcel 326; and WHEREAS, Lux Car Care Ltd. has submitted an application to this Board for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons: 1 . The equipment at present extends beyond and outside the building and during the winter months the exposed parts freeze and the car wash is in- operable. 2. When the car wash has to be closed the subsequent loss of income causes extreme financial difficulty. 3. The car wash has had five owners in seven years. WHEREAS, this Board has examined the plans, reviewed the application and has heard all per- sons interested in this application after pub- lication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board granted the applica- tion 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 . That the proposed addi- tion at the rear of the building would provide weather cover of equipment which is inoperable during winter months due to freeze up. 2. That the proposed ad- dition at the side of the existing building would not extend any closer to the paper street (Van Guil- der Street) than the pre- sent structure. 3. That the proposed ad- dition would enclose equip- ment used to wash and wax vehicles and tend to lessen the noise created by the machinery and provide space within the building where most of the work could be done. 4. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VII Section 89-41 Subsection B (3) "Con- struction Requirements for a "B" Business District" and Article II Section 89-7 Subsection B "Divided Pro- perties" would deprive the applicant of the reasonable use of the land and/or build- ings and that the variance as granted by this Board is a minimal adjustment that will accomplish this pur- pose. 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 VII Section 89-41 Subsection B (3) "Construction Requirements for a "B" Business District" and Article II Section 89-7 Subsection B "Divided Properties" be varied and modified so as to allow the con- / (-/)- L4- 0 struction of one story additions having a rear yard of 16 ft. and a setback of 35 ft. from Van Guilder Street an unimproved street on the premises located at 2434 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Parcel 326 in strict conformance with plans filed with this application provided that the applicant receives approval from the Town Board and com- plies 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 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. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 5 - CASE 459 Application of Mr. and Mrs. Herman Grubin for modifica- tion of Article VI Section 89-35 Subsection B (2) "Con- struction Requirements for One Family Residential Dis- trict R-6" which requires a minimum side yard of 8 ft. and a total of both yards of 18 ft. to allow the construc- tion of a wooden deck with platform and stairs having a side yard of 8 ft. and a total of both yards of 14.16 ft. on the premises located at 15 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 608 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. Paonessa advised the members of the Board that because the copy of the survey that Mr. Grubin had presented to the Building Department with his application was not clear, he had misread a figure and the proposed deck would create a side yard of 9 ft. and a total of both yards of 15.16 ft. Mr. Grubin presented his application and stated that they wanted to put in the deck to replace the existing stairs and platform. The applicant said they intended to incorporate the proposed deck with a new stairway and the stairway could not be extended on the opposite side as it would encroach on the existing doorway. Mr. Wassman read a letter from Mr. John M. Galvin of 38 Maple Hill Drive, whose property adjoins the Grubins in the rear objecting to the application. Mr. Galvin said the construction of the deck would crowd and depreciate his small property and take away any privacy they now have. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. Herman Grubin have sub- mitted an application to the Building Inspec- tor to allow the construction of a wooden deck with platform and stairs having a side yard of 9 ft. and a total of both yards of 15.16 ft. , 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 89-35 Subsection B (2) "Construction Requirements for One Family Residential District R-6" which requires a minimum side yard of 8 ft. and a total of both yards of 18 ft. on the premises located at 15 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 608; and WHEREAS, Mr. and Mrs. Herman Grubin have sub- mitted an application to this Board for a vari- ance on the ground of practical difficulty and/ or unnecessary hardship for the following reasons: 1 . Without the 8" extension to the stairway the stairs would be too nar- row for safe and comfortable access. 2. The proposed stairway could not be placed on the opposite side because it would encroach on the existing doorway. 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, IC(-07 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 . That due to the location of the rear entrance to the dwelling and the location of the garage door the stair- way and platform giving ac- cess to the deck and dwell- ing cannot safely be located in any other location. 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 One Family Residential Dis- trict R-6" 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 the 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 pub- lic 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 One Family Residential District R-6" be varied and modified so as to allow the construction of a wooden deck with platform and stairs hav- ing a side yard of 9 ft. and a total of both yards of 15. 16 ft. on the premises located at 15 Dante Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Par- cel 608 in strict conformance with plans filed with this application provided that the appli- cant complies in all other respects 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 thre?months of the filing of this Resolution with the Town Clerk. The building permit shall be void if construc- tion is not started within six months and com- pleted within two years of the date of said per- mit; and be it 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 appli- cation. APPLICATION NO. 6 - CASE 460 Application of Mr. Alexander Fusco for modification of Article V Section 89-28 Permitted Uses "B" Business Dis- trict which only permits business or professional offices to allow the construction of a two story building to be used as a contractor's establishment (offices, ware- house and garage) on the premises located at 608 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 130 Parcel 541 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Fusco presented his application to the Board and said the purposes of the building was for his business. The applicant said he has owned the property for three years and is presently in the plumbing business in a building on the Boston Post Road in Larchmont. Mr. Fusco said at present his office is in one location and the storage of his trucks in another. The applicant, also, said he is primarily a plumbing contractor and owns two trucks. It was pointed out that the plan shows five parking spaces and a garage for the two trucks plus office space. The applicant said he would probably sublet part of the of- fice space and the rear yard will be completely paved with the last 10 ft. having a planting strip. It was pointed out that more detailed plans would have to be submitted for the drainage system and that on either side of the property there were non-conforming residences. Mr. Paonessa told the Board that the Town Engineer would have to approve the drainage and parking plans. After further discussion the Board voted on the appli- cation and the result was as follows : Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. Alexander Fusco has submitted an application to the Building Inspector to allow the construction of a two story building to be used as a contractor' s establishment (offices , warehouse and garage) 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 V Section 89-28 Permitted Uses "B" Business District which only permits business or profess- ional offices on the premises located at 608 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 130 Par- cel 541 ; and WHEREAS, Mr. Alexander Fusco has submitted an application to this Board for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons : 1 . Applicant requires warehouse and garage space to conduct business. 2. Proposed building will meet all area requirements for a Business District and will provide the required off-street parking. 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 . That the primary use of the proposed building for office space would also provide security and stor- age of materials and vehi- cles within the building used in conjunction with the business. 2. That the proposed use would not adversely effect the neighborhood and that all area requirements of the Zoning Ordinance would conform. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article V Section 89-28 Permitted Uses "B" Business District would deprive the applicant of the reasonable use of the land and/or buildings and that the variance as granted by this Board is a minimal adjustment that will accom- plish this purpose. 4. 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 V Section 89-28 Per- mitted Uses "B" Business District be varied and modified so as to allow the construction of a two story building to be used as a con- tractor's establishment (offices, warehouse and garage) on the premises located at 608 Fifth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 130 Parcel 541 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; 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 wiht 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 10:30 P.M. /9 Rita A. Johnson, Secretary