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HomeMy WebLinkAbout1976_04_28 Zoning Board of Appeals Minutes 1 MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD APRIL 28, 1976, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE , LARCH- MONT, NEW YORK. CALL TO ORDER In the absence of the Chairman, Mr. Andrew W. Boraczek, the Senior member chaired the meeting. The meeting was called to order by the Acting Chairman at 8:20 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 26, 1976 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. Mr. Boraczek explained to the applicants that because only three members were present their applications would have to be approved unanimously and they had the privi- lege of having their applications heard at another meet- ing without penalty. Both applicants agreed to have their cases heard at this meeting. The Chairman asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 438 Application of Mr. Roger Devey for modification of Arti- cle VI Paragraph 89-36 (B-3a) Construction Requirements for a two Family Residence District so as to allow the construction of a raised wood deck having a rear yard of 18 ft. more or less instead of the required minimum rear yard of 25 ft. on the premises located at 6 Garit Lane and known on the Tax Assessment Map of the Town of Mama- roneck as Block 402 Parcel 200 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mr. Devey presented his application to the Board and said that at present when they want to out in the back it is necessary to go down through the basement. The applicant said he had spoken to his closest neighbor and they had no objection. Mr. Bodkin questioned the use for which the proposed deck was intended and Mr. Devey said rather than going down and out through the basement they could use the deck for "cook-outs". The applicant said it would be more conven- ient having the deck off the kitchen and because the pro- perty is narrow at the rear there is no other place for the deck. 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 approved and the following Resolution duly adopted: WHEREAS , Mr. Roger Devey has submitted an appli- cation to the Building Inspector to allow the construction of a raised wood deck having a rear yard of 18 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 the Zoning Ordi- nance of the Town of Mamaroneck with particular reference to Article VI Paragraph 89-36 (B-3a) Construction Requirements for a two Family Resi- dence District which requires a minimum rear yard of 25 ft. on the premises located at 6 Garit Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Parcel 200; and WHEREAS, Mr. Roger Devey has submitted an appli- cation to this Board for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1 . Because the property is narrow at the rear there is no other place for the proposed deck. 2. It would be more convenient to have the deck off the kitchen. 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 7 c. I 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 . Because of the topography of the lot the proposed site is the only place where the deck can be located. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Paragraph 89-36 (B-3a) Construction Requirements for a two Fam- ily Residence District 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 buildings and that the variance as granted by this Board is the minimum adjust- ment that will accomplish this purpose. 3. That the granting of this variance is in harmony with the general purposes and intent of this 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 to the applicant and that Article VI Paragraph 89-36 (B-3a) Construction Requirements for a two Family Residence District so as to allow the construction of a raised wood deck having a rear yard of 18 ft. more or less on the premises located at 6 Garit Lane and known / 7 on the Tax Assessment Map of the Town of Mama- roneck as Block 402 Parcel 200 in strict con- formance 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 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 appli- cation. APPLICATION NO. 2 - CASE 439 Application of Mr. and Mrs. Peter H. Weil for modifica- tion of Article VI Paragraph 89-31 B (1 ) Construction Requirements for an R-20 Residential District so as to allow the construction of a one story addition at the easterly side of the dwelling having a front yard set- back of 25 ft. instead of the minimum required 40 ft. on the premises located at 2 Country Club Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 230 Parcel 194 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. Weil presented his application and said they had several practical reasons for the request. The appli- cant said he has been playing the piano and at present they have two large grand pianos in their living room. Mr. Weil , also, said that the proposed music room will be off the living room and the addition will provide a screen for the tennis courts. Mr. David Guise, of Fargo Lane, Irvington, Mr. Weil ' s Architect said that the closest house to the proposed addition was about 90 ft. and in planning the extension he felt it would enhance the overall design of the house. Mr. Moore questioned about the elevation of the proposed deck at the rear of the addition and said that if the deck was eliminated the addition could be moved without the 15 ft. variance. It was brought to the attention of the Board that there would be a problem because of the location of the chimney and air conditioning units at the side of the dwelling. Mr. Boraczek questioned as to the hardship for a variance of 15 ft. for a music room since the Weils already have a family room. 1 The Board requested a recess and when they returned a vote was taken on the application. The result was as follows : Commissioner Boraczek - Nay Commissioner Bodkin - Aye Commissioner Moore - Nay The application was therefore denied and Mr. Boraczek explained to the applicants that if they wanted to change their application they could reapply to the Board at any- time but if they did not want to change the plan they would have to wait six months before they could reapply. The Chairman advised the applicants that he did not feel the practical difficulty and hardship indicated by the Weils warranted a 15 ft. variance and in his opinion the addition could be built with a smaller variance. The following Resolution was therefore adopted: WHEREAS, Mr. and Mrs. Peter H. Weil have sub- mitted an application to the Building Inspector to allow the construction of a one story addi- tion at the easterly side of the dwelling hav- ing a front yard setback of 25 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 Paragraph 89-31 B (1 ) Construction Requirements for an R-20 Residential District which requires a mini- mum required 40 ft. on the premises located at 2 Country Club Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 230 Parcel 194; and WHEREAS, Mr. and Mrs. Peter H. Weil 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 . The proposed location would con- form to side yard requirements if the easement did not exist. 2. Due to the easement the side yard must be considered as a front yard. 3. The proposed location is the most logical because of the location and layout of the existing structure. 4. The addition will enhance the overall design of the house and con- forms to the intent of the Ordinance / 7, in regard to the actual front yard and distance from side neighbors. 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 denied the applica- tion on the following grounds: 1 . That the applicant failed to show why the proposed addition could not be placed in other locations on the parcel requiring a lesser variance. 2. That the applicant failed to show why the present facilities could not be altered to provide a music room. 3. 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. 4. 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. 5. 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 public welfare. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. LETTER REGARDING "RESTAURANTS AND SHOPPING CENTERS" Members of the Board had all received a copy of a letter sent to Mr. Vandernoot from Mr. Johnston and Mr. Paonessa recommending that the Town Board amend the Zoning Ordi- nance to make "Restaurants" and "Shopping Centers" a "Per- mitted Special Use" in business districts. Mr. Paonessa told the Board members that at present there is no defi- nition in the Zoning Ordinance for restaurants or shop- ping centers and if the zoning was amended to "Permitted Special Use" for restaurants and shopping centers there would be more control . The members present all agreed it was a good idea. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:20 P.M. • Rita A. Johnson, Secretary