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HomeMy WebLinkAbout1978_08_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD AUGUST 23, 1978, 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. Egbert R. Hardesty Mr. Lawrence G. Bodkin , Jr. Mr. Peter G. Moore Absent: Mr. Andrew W. Boraczek Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of July 26, 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. Mr. Wassman asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 487 Application of Mr. and Mrs. Vincent D. Chiodo for modi- fication of Article VI Section 89-33 B (2) & (3) "Con- struction Requirements for an R-10 One Family Residence District" of the Zoning Ordinance so as to allow the construction of a one story addition to existing garage creating a side yard of 4.2 ft. and a rear yard of 21 ft. instead of the minimum required side yard of 10 ft. and rear yard of 25 ft. on the premises located at 749 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Parcel 361 on the grounds of practical difficulty and/or unnecessary hard- ship. Mr. Chiodo appeared before the Board and stated that the house and existing garage were built in 1938. The applicant said that the present garage is not wide enough for his car and though there are other locations on the property available for a new garage he cannot afford the expense of a new garage plus the ensuing increase in taxes. A The Board questioned the proposed storage shed that Mr. Chiodo was adding at the rear of the garage and the ap- plicant said he needed room for his garden tools. The Chairman said he could understand Mr. Chiodo 's difficulty as far as the existing garage not being adequate for his car but the Board did not think it was necessary to extend out 4 ft. in the rear for the tool shed. It was pointed out that if the tool shed was eliminated the rear yard would be conforming. Mr. Robert Evangelist of 742 Forest Avenue appeared before the Board and said he was in favor of the application. Mr. Wassman read a letter from Mr. Gerald S. Page of 45 Briarcliff Road. Mr. Page in his letter said he took no exception to the application provided there was no blasting involved. Mr. Wassman asked Mr. Chiodo if he intended to do any blasting and Mr. Chiodo said no. After further discussion the Board asked Mr. Chiodo if he would be willing to amend his application to delete the storage closet if the Board approved the proposed addition to the existing garage. Mr. Chiodo agreed to amend the plan. The Board voted on the amended application and the result was as follows: Commissioner Wassman - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved as amended and the following Resolution adopted: WHEREAS, Mr. and Mrs. Vincent D. Chiodo have submitted an application to the Building Inspec- tor to allow the construction of a one story addition to existing garage creating a side yard of 4.2 ft. and a rear yard of 21 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 Article VI Section 89-33 B (2) & (3) "Construction Requirements for an R-10 One Family Residen- tial District" which requires a side yard of 10 ft. and a rear yard of 25 ft. on the pre- mises located at 749 Forest Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 220 Parcel 361 ; and WHEREAS, Mr. and Mrs. Vincent D. Chiodo have submitted an application to this Board for a variance on the grounds of practical diffi- culty and/or unnecessary hardship for the fol- ( 4� lowing reasons: 1 . The house and existing garage were built in 1938 and the garage is not wide enough for the present cars. 2. Although space is available on the property for a new garage the ex- pense and ensuing increase in taxes is financially prohibitive. 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 ap- plicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows : 1 . When the house was built in 1938 the garage was not constructed for present day cars. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-33 B (2) & (3) "Construc- tion Requirements for an R-10 One Family Residence District would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance as granted by this Board is a minimal adjustment 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 89-33 B (2) "Construction Requirements for an R-10 One Fanily Residence District" be varied and modi- fied so as to allow the construction of a one story addition to existing garage creating a side yard of 4.2 ft. on the premises located at 749 Forest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 220 Parcel 361 in strict conformance with plans filed with this application and amended, sub- ject to the following conditions , provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. 1 . That the plan be amended to delete the storage closet. 2. With the deletion of the storage closet the rear yard will be conform- ing. 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 488 Application of Mr. and Mrs. Leslie Schlom for modifica- tion of Article VI Section 89-34 B (2) "Construction Re- quirements for an R-7.5 One Family Residence District" so as to maintain existing deck having a side yard of 7.35 ft. instead of the minimum required side yard of 10 ft. on the premises located at 8 Fern Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 459 on the grounds of practical diffi- culty and/or unnecessary hardship . Mr. Schlom appeared before the Board and said that the deck conforms with the existing lines of the dwelling. It was pointed out that the structure already exists. Mr. Schlom stated that if the deck was only 7.35 ft. it would be too narrow and that the proposed location was the only place where the deck could be built. The appli- cant further said that the construction of the deck at the northeast rear of the house is limited because of the basement door and the existing access to the backyard is poor. Mrs. Brenda Engler of 46 Glenn Road appeared and said that she had no objection and that the deck was an attrac- tive addition to the Schlom residence. Mr. and Mrs . R. Fink of 94 North Chatsworth Avenue said they had no objection. Mr. Wassman read letters from Mr. John Hanlon of 98 North Chatsworth Avenue, Dr. and Mrs. Seymour Alpert, 107 North Chatsworth,Mr. and Mrs. M. Engler, 46 Glenn Road and Mr. and Mrs . David Watt, 109 North Chatsworth Avenue. All were in favor of the application and a petition was pre- sented signed by almost all of the adjoining neighbors approving the deck. After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Wassman - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. Leslie Schlom have sub- mitted an application to the Building Inspec- tor to maintain existing deck having a side yard of 7.35 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 89-34 B (2) "Construction Requirements for an R-7.5 One Family Residence District" which requires a minimum side yard of 10 ft. on the premises located at 8 Fern Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 459; and WHEREAS, Mr. and Mrs . Leslie Schlom have sub- mitted an application for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons: lio 1 . If the deck was 7.35 ft. it would be too narrow. 2. The proposed site is the only location on the property where such a facility could be provided creat- ing a minimum variance and reason- able use of the property. 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 . The deck conforms with the existing lines of the dwelling. 2. Because of the location of the door to the basement there is no other location for the deck. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-34 B (2) "Construction Requirements for an R-7. 5 One Family Residential Dis- trict" would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance as granted by this Board is a minimal adjustment that will accomplish 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 VI Section 89-34 B (2) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to maintain existing deck having a side yard of 7. 35 ft. on the premises located at 8 Fern Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Par- cel 459 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. 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 There being no further business to come before this meet- ing it was adjourned at 9:00 P.M. Rita A. Johnson ecretary