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HomeMy WebLinkAbout1976_12_01 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD DECEMBER 1 , 1976, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER Mr. Wassman, the Chairman, had advised the Board members that he would be late and had asked Mr. Bodkin to chair the meeting until his arrival . The meeting was called to order by the acting Chairman at 8:15 P.M. ROLL CALL Present: Mr. E. Robert Wassman Mr. Andrew W. Boraczek Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Also present: Mr. William Paonessa, Building Inspector 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. Bodkin asked the Secretary to read the application. APPLICATION NO. 1 - CASE 451 Application of Mr. Angelo Mambrino for modification of Article IV Section 89-34 Subsection A (2) and B (1 ) "Con- struction Requirements for One Family District R-7.5" to allow the construction of a one family dwelling hav- ing a mean lot width of 70'+ and a front setback of 20 ft. from Lundy Lane instead of the required mean lot width of 75 ft. and front setback of 30 ft. from both streets on the premises located on Lundy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Parcel 99 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. Angelo Mambrino of 3 Woods Way, Larchmont, appeared before the Board with his brother, Mr. Alfred Mambrino, who had been the developer of the subdivision which created Lundy Lane. The applicant said that the existing parcel is dimensionally irregular and is now buildable for all practical purposes except for the required yards. Mr. Mambrino, also, said that the parcel was made into a cor- ner lot by the construction of Lundy Lane and the lot at present is scraggly. The applicant further said that the addition of a house would enhance the property and the neighborhood. It was pointed out that the previous owner of the lot 11 % I in question had obtained a variance and a building per- mit but since the house had not been built the variance had expired. After a brief discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Bodkin - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mr. Angelo Mambrino has submitted an application for a building permit to the Build- ing Inspector for the construction of a one fami- ly 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 Zoning Ordi- nance of the Town of Mamaroneck with particular reference to Article IV Section 89-34 Subsection A (2) and B (1 ) "Construction Requirements for One Family District R-7.5" which requires a mean lot width of 75 ft. and a front setback of 30 ft. from both streets on the premises located on Lundy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Par- cel 99; and WHEREAS, Mr. Angelo Mambrino has submitted to this Board an application for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons : 1 . The parcel was made into a cor- ner lot by the construction of Lundy Lane. 2. A variance had been granted to the previous owner and a building permit obtained but since the house had not been built the variance ex- pired. 3. The lot is an irregular shape and is buildable except for the re- quired yard. 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 r � 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 are pecu- liar to such land and/or buildings in the district and which circumstances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows : 1 . The lot area conforms to the zoning requirements for the district in which it is located. 2. The proposed building lot is unique due to the fact that it is the only lot having frontage on the easterly side of Lundy Lane and the front setback vari- ance will not effect any other dwellings. 3. The lot had been a build- able lot before Lundy Lane had been developed which created a corner lot. 4. A variance had been granted to the previous owner but had lapsed. (c) That the granting of this vari- ance will be in harmony with the gen- eral purposes and intent of this Ordi- nance and will not be injurious to the neighborhood or otherwise detri- mental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV Section 89-34 Subsection A (2) and B (1 ) "Con- struction Requirements for One Family District R-7. 5" be varied and modified so as to allow the construction of a one family dwelling on a lot having a mean lot width of 701+ and a front setback 20 ft. from Lundy Lane instead of the required mean lot width of 75 ft. and I front setback of 30 ft. from both streets on the premises located on Lundy Lane and known on the Tax Assessment Map of the Town of Mama- roneck as Block 502 Parcel 99 in strict confor- mance 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 with the Town Clerk as provided in Section 267 of the Town Law. APPROVAL OF MINUTES The Board members discussed the minutes of the meetings of August 25 and October 27 in regard to the application of Mr. Guadagnolo. After a brief discussion the minutes on motion duly made and seconded were approved as corrected. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 8:45 P.M. Rita A. Johnson, Secretary