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HomeMy WebLinkAbout1975_12_16 Zoning Board of Appeals Minutes 1 MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD DECEMBER 16, 1975, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 P.M. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. E. Robert Wassman Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Absent: Mr. Andrew W. Boraczek APPROVAL OF MINUTES The minutes of the meeting of November 10, 1975 were pre- sented 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. Eggers asked the Secretary to read the application. APPLICATION NO. 1 - CASE 433 Application of Mr. Robert Vacher for modification of Ar- ticle IV Section 410 Schedule of Residence District Regu- lations for an R-7.5 Residential District of the Zoning Ordinance so as to allow the construction of a wood deck and greenhouse having a side yard of 6.3 ft. instead of the minimum required side yard of 10 ft. on the premises located at 173 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 221 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. Vacher presented his application to the Board and stated that there was no other place they could put the greenhouse. The applicant stated that if the proposed deck and greenhouse were located on the other side it would block the bay window and back door. The Chairman asked the applicant the necessity of having a greenhouse and Mr. Vacher said they wanted to grow vegetables. Mr. Bodkin questioned as to whether it was necessary to have the greenhouse attached and the applicant said that it would be less expensive to have it attached. Mr. Wass- man pointed out that no matter what side of the house the addition was placed it would not be conforming to the present zoning since the house was built prior to the 1959 Zoning. Mr. Bodkin questioned as to how high the deck would be and the applicant said about 7' 6" . Mrs. Thomas O'Brien of 169 Rockingstone Avenue who had written a letter which was read by the Board members but not read aloud, appeared before the Board. Mrs. O'Brien said that Mrs. Vacher has told her the greenhouse was also to be used for a breakfast room and that was their reason for wanting the addition next to the kitchen. Mr. Vacher said they did plan to use the greenhouse for a breakfast room and outdoor dining area. Mrs. O' Brien stated that the Vachers already had an outdoor dining area. The Chairman pointed out that the Board was not concerned with the use of the addition but with the viola- tion involved with the side yard setback. Mrs. O' Brien said she objected to the proximity of the proposed addi- tion to her house. Mr. Edward Helwig of 1 Seton Road said he had no objec- tion to the addition but did not want it to be an "eye- sore" . Mr. Helwig stated that he was thinking in terms of appearance and wondered if the structure would be dur- able. Mr. Bodkin asked Mr. Vacher the approximate cost of the greenhouse and the applicant said it would be around $900. The Chairman asked Mr. Wassman to read a letter that had been received from Mrs. Sylvia Trevor of 166 Rockingstone Avenue in which Mrs. Trevor expressed her objection to the application for a greenhouse. Mrs. Trevor in her letter said she did not think a greenhouse was a neces- sity and the granting of the variance would set a prece- dent which could be detrimental to the standards of the neighborhood. Mrs. O' Brien further stated that she objected to the green- house because it would be in line with her three bedrooms and she was concerned about the sound of the rain fall- ing on the greenhouse. Mrs. O' Brien, also, said she ob- jected to the appearance of the greenhouse from her back yard and felt there would be a noise from the heating system. It was pointed out that the greenhouse would not create any noise. Mrs. O'Brien said that since Vacher's house was built in 1910 she was afraid of a fire that could spread to her house. Mr. Vacher in conclusion said that the deck would be stan- dard decking and the greenhouse was prefab of aluminim and plastic. The applicant, also, said they intended to landscape, probably with hedging and window boxes. The Chairman asked for a recess and when the Board returned a vote was taken on the application. The result of the vote was as follows : i�7f Commissioner Eggers - Nay Commissioner Wassman - Nay Commissioner Hardesty - Nay Commissioner Bodkin - Nay The application was therefore denied and the following Resolution duly adopted: WHEREAS, Mr. Robert Vacher has submitted an application to the Building Inspector to allow the construction of a wood deck and greenhouse having a side yard of 6.3 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 IV Section 410 Schedule of Residence District Regulations for an R-7.5 Residential District which requires a minimum side yard of 10 ft. on the premises located at 173 Rockingstone Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 116 Parcel 221 ; and WHEREAS, Mr. Robert Vacher 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 . Because of the structure of the house and location of the back door and bay window the deck and greenhouse must be placed on the left side. 2. The proposed location will create an open space in the rear of the pro- perty. 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 . That the proposed greenhouse could be located in an area on the parcel which would not violate the Zoning requirements. 2. That the proposed greenhouse was an accessory use and not a necessity. I 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. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:00 P.M. (1)- (7;1-1 4..." Rita A. Johnson, Secretary } ( 7 J_3