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HomeMy WebLinkAbout1975_01_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JANUARY 22 , 1975, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD 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. Andrew W. Boraczek Mr. Lawrence G. Bodkin, Jr. Absent: Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meetingsof November 20 and December 10, 1974 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. Eggers asked the Secretary to read the first applica- tion. APPLICATION NO. 1 - CASE 417 Application of Mr. Felix Wilson for modification of Arti- cle IV Section 410 Schedule of Residence District Regula- tions for an R-6 Residential District so as to allow the construction of an addition and alteration to the exist- ing open porch having a side yard of 7 ft. instead of the minimum required side yard of 8 ft. and a total of both side yards of 18 ft. on the premises located at 6 Dimitri Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Parcel 528 on the grounds of prac- tical difficulty and/or unnecessary hardship. Mr. Wilson presented his application to the Board and stated that his family of three children were growing. The ap- plicant said that the house has six rooms with three bed- rooms and no space for the children to play. Mr. Wilson said that the proposed addition and alteration will not extend any further than the present structure and will create a year round living area which cannot be gained at any other location in the house. I Mr. Eggers questioned as to whether the present entrance was the only way to get to the porch and Mr. Wilson explained that the proposed addition would enclose that portion of the porch so that the door leading from the living room will lead directly into the proposed new enclosed porch. The Chairman pointed out that the house had been built under the old zoning and was in conformance at that time. It was, also, pointed out that the addition would not be ex- panding any further than at present on the side and would be extending approximately 5 ft. more in the rear. After further discussion a vote was taken on the applica- tion and the result was as follows : Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mr. Felix Wilson has submitted an ap- plication to the Building Inspector to allow the construction of an addition and alteration to the existing open porch having a side yard of 7 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 IV Section 410 Schedule of Residence District Regulations for an R-6 Residential District which requires a minimum side yard of 8 ft. and a total of both yards of 18 ft. on the premises located at 6 Dimitri Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Parcel 528; and WHEREAS, Mr. Felix Wilson has submitted an ap- plication to this Board for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons : 1 . The applicant needs the extra space for his growing family and the proposed site is the only loca- tion where the room can be gained. 2. The proposed addition will not extend into the existing side yard any closer than the present struc- ture. WHEREAS , this Board has examined the plans , reviewed the application and has heard all per- I 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 proposed addition will not encroach on the side line any further than the present structure. 2. The proposed addition and alteration will create a needed year round living area necessary for the ap- plicant' s family. (c) That the granting of this vari- ance will be in harmony with the general 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 IV Section 410 Schedule of Residence District Regu- lations for an R-6 Residential District of the Zoning Ordinance so as to allow the construc- tion of an addition and alteration to the exist- ing open porch having a side yard of 7 ft. on the premises located at 6 Dimitri Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 183 in strict conformance with plans filed with the applica- tion 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 second ap- plication. APPLICATION NO. 2 - CASE 418 Application of Mr. Jack Kanter for modification of Ar- ticle IV Section 410 Schedule of Permitted Accessory Uses in an R-10 Residential District which restricts the accessory use of the dwelling by the inhabitant thereof for professional office with not more than one non-resi- dent employee or associate so as to permit the applicant to conduct a mail order stamp business with one full time and two part time non-resident employees on the premises located at 34 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 261 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. George Forbes , an Attorney of 7 Woodland Avenue, Larchmont, New York represented the applicant and stated that at present Mr. Kanter has an office at 7 Woodland Avenue but because of ill health and the economy it is necessary for him to give up his office. Mr. Forbes said that the applicant has a mail order stamp business and his mail is picked up at the Post Office and deli- vered once in the morning by an employee and taken to the Post Office in the afternoon by an employee which is only two trips a day and five days a week. Mr. Forbes further stated that Mr. Kanter intends to employ only one full time employee and two others on a part time basis ; one 9 to 1 and the other 1 to 5. Mr. Forbes , also, said that the applicant proposes to use part of the basement as the main office and the den on the main floor which would be Mr. Kanter' s personal office. In addition, Mr. Forbes stated that the present driveway is large enough to accommodate four cars and the operation would generate much less traffic than the office of a professional in a residential district. In conclusion Mr. Forbes said that because of the screen- ing the applicant' s next door neighbor would not in any way be in sight of the operation and he and his client would be willing to accept any condition the Board would decide to impose if the application was granted. Mr. Eggers pointed out to the Board that Mr. Kanter had conducted the proposed business in his home previously until it was brought to the attention of the Building Department by a neighbor who is no longer living in the area. The Chairman suggested that if the Board were to grant the variance a time limit be set. The Board requested a short recess to discuss the appli- cation. When the Board returned a vote was taken on the application as amended and the result was as follows : Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Bodkin - Aye The application was therefore approved with the condi- tion that the variance would expire within one year and would not be assignable. The following Resolution was duly adopted: WHEREAS , Mr. Jack Kanter has submitted an ap- plication to the Building Inspector to permit the applicant to conduct a mail order stamp business with one full time and two part time non-resident employees 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 Permitted Accessory Uses in an R-10 Residential District which restricts the accessory use of the dwelling by the inhabitant thereof for professional office with not more than one non-resident employee or associate on the pre- mises located at 34 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 261 ; and WHEREAS, Mr. Jack Kanter has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons : 1 . Because of ill health and the eco- nomy it is necessary for the applicant to give up his office. 2. No added parking is required as the applicant' s driveway will accommo- date two extra cars. 3. The operation will not cause noise and would generate much less traffic than the office of a professional which is a permitted accessory use in a residential district. 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 this appli- cation as amended 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 . Because of the appli- cant' s health he has been advised by his physician to decrea his activities and conduct his business at home. 2. The operation will gene- rate less traffic than a professional office. (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 410 Schedule of Permitted Accessory Uses in an R-10 Residential District of the Zoning Ordinance so as to permit the applicant to conduct a mail order stamp business with one full time and two part time non-resident employees on the premises located at 34 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 221 Parcel 261 in strict conformance with plans filed with this application and amended, subject to the following condtions , provided that the appli- cant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. 1 . The variance will automatically expire one year from the date of the certification of the Resolution. 2. The variance is not assignable. 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 8:45 P.M. } Rita A. Johnson, Secretary ti=`iU