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HomeMy WebLinkAbout1979_01_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JANUARY 24, 1979, 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. E . Robert Wassman, Chairman Mr. Andrew W. Boraczek Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Also present: Mr. William Paonessa , Building Inspector APPROVAL OF MINUTES The minutes of the meeting of November 22, 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 495 Application of Mr. and Mrs . Hoon S . Yoo for modification of Article VI Section 89-36 Subsection B (1 ) "Construc- tion Requirements for an R-2F Family Residence District" to allow the construction of a one family dwelling hav- ing a front setback of 20 ft. from the southerly street line instead of the minimum required front setback from both streets of 30 ft. on the premises located on Blos- som Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Parcel 31 on the grounds of practical difficulty and/or unnecessary hardship. Mr. and Mrs . Yoo were represented by Mr. Sidney J. Ett- man , an Attorney of 30 East 42nd Street, New York, who said that the Yoos wanted to preserve a large oak tree on the property. It was pointed out that because it was a corner lot the 30 ft. setback had to be maintained on both streets . Mr. Hardesty questioned as to whether the house could be moved back but because of the topography of the lot Mr. Ettman said it would involve adding fill and add 1 1 �i a tremendous expense which the Yoos had not anticipated. After further discussion Mr. Wassman advised the appli- cants that the Board appreciated their concern for the trees but if the variance was granted the contractor would have to use extreme caution so as not to damage the roots of the tree. Mr. Ettman said that if the vari- ance was granted the Yoos intended to supervise the con- struction constantly. A vote was taken on the application and the result was as follows : Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs . Hoon S. Yoo have submitted an application to the Building Inspector to allow the construction of a one family dwell- ing having a front setback of 20 ft. from the southerly street line together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans failed to comply with Article VI Section 89-36 Subsection B (1 ) "Construction Require- ments for an R-2F Family Residence District" of the Zoning Ordinance which requires a mini- mum front setback from both streets of 30 ft. on the premises located on Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Parcel 31 ; and WHEREAS, Mr. and Mrs . Hoon S . Yoo have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1 . The applicants want to preserve an old oak tree. 2 . Because the lot is located at a dead end corner the surrounding pro- perty will not be harmed. 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 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 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 if the house was moved in another loca- tion to preserve the trees it would require additional fill and involve a tremen- dous expense. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-36 Subsection B (1 ) "Con- struction Requirements for an R-2F Family Residence District" would deprive the applicant of the reason- able use of the land and/ or building and that the variance as granted by this Board is a minimal adjust- ment 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 public welfare ; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-36 Sub- section B (1 ) "Construction Requirements for an R-2F Family Residence District" be varied and modified so as to allow the construction of a one family dwelling having a front set- back of 20 ft. from the southerly street line on the premises located on Blossom Terrace and known on the Tax Assessment Map of the ryve Town of Mamaroneck as Block 403 Parcel 31 in strict conformance with plans filed with this application provided that the applicant com- plies 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 496 Application of Mr. John J . Phelan for modification of Article VI Section 89-34 Subsection B (2) "Construction Requirements for a One Family Residence District R-7.5" to allow the construction of a screened porch maintain- ing an existing non-conforming side yard of 6.4 ft. in- stead of the minimum required side yard of 10.0 ft. on the premises located at 22 Villa Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 191 on the grounds of practical difficulty and/or unnecessary hardship . Mr. Phelan presented his application to the Board and said that presently there is a porch with a roll up awn- ing on the property. The applicant said that they wanted to replace the awning with a more permanent enclosure and the proposed roof would match the shingles on the existing house. Mr. Phelan stated that he had no inten- tion of using the enclosed porch as an extra room and the existing porch was constructed when the house was built. Mr. Edward Cunningham of 16 Villa Road, who is Mr. Phelan' s immediate neighbor, appeared before the Board and said he had no objection to the enlosed porch . After further discussion the Board voted on the applica- tion and the result was as follows : Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. John J . Phelan has submitted an application to the Building Inspector to allow the construction of a screened porch maintain- ing an existing non-conforming side yard of 6.4 ft. together with plans; WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article VI Sec- tion 89-34 Subsection B (2) "Construction Require- ments for a One Family Residence District R-7.5" which requires a minimum side yard of 10.0 ft. on the premises located at 22 Villa Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 191 ; and WHEREAS, Mr. John J . Phelan has submitted an application for a variance on the ground of prac- tical difficulty and/or unnecessary hardship for the following reasons : 1 . Proposed screened porch will re- place a roll up awning and nylon mesh. 2. Because of the topography of the lot the proposed area is the most suit- able for the enclosed porch. 3. Proposed addition will maintain an existing non-conforming side yard as a porch already exists . 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 proposed addition fq---2/// will maintain the existing side yard. 2. That the proposed screened enclosure would be constructed over an existing terrace. 3. That said circumstances or conditions are such that the particular application of the Ordinance with respect to Article VI Section 89-34 Subsection B (2) "Construc- tion Requirements for a One Family Residence District R-7.5" would deprive the ap- plicant 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 in- tent of the 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 and that Article VI Section 89-34 Sub- section B (2) "Construction Requirements for a One Family Residence District R-7.5" be varied and modified so as to allow the construction of a screened porch maintaining an existing non-conforming side yard of 6.4 ft. on the pre- mises located at 22 Villa Road and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 111 Parcel 191 in strict confor- mance with plans filed with the application provided that the applicant complies in all other respects with the Zoning Ordinance 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. 3 - CASE 497 Application of Mr. Arthur A. Katz for modification of Article VIII Section 89-45 A "Height Exceptions" which restricts the total area of mechanical equipment to 10% of area of supporting roof to allow the installation of 75 sq . ft. of solar collectors at the rear of the dwell- ing covering 20% of roof area to which they are attached on the premises located at 18 Orsini Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 119 Parcel 164 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Wassman stated that pursuant to the Rules and Regu- lations of the Zoning Board of Appeals of the Town of Mamaroneck and after examining the plans the Board decided that the plans were substantially identical to the appli- cation previously made by the applicant. The previous application had been denied and according to the Rules and Regulations of the Zoning Board the six month period had not lapsed since that denial . The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 4 - CASE 498 Application of Rosenshein Associates for modification of Article VII Business and Industrial Districts "Con- struction Requirements" Section 89-41 Subsection B to allow the construction of a Shopping Center (retail stores) having a rear yard of 10 ft. instead of the minimum re- quired rear yard of 25 ft. and Subsection D (2) to allow a building height of 50 ft. (clock tower) instead of the maximum permitted height of 30 ft. and Article XI Off- street Parking Section 89-66 which requires a minimum of 1 parking space for each 100 sq . ft. of floor space. Proposed plan provides for 100 parking spaces instead of the required 201 spaces on the premises located at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407 Parcel 192 on the grounds of practical difficulty and/or unnecess- ary hardship. Mr. Joseph Minniti , an Attorney of the firm of Minniti , Pirro and Monsell of 100 Mamaroneck Avenue, represented the applicants . Mr. Minniti stated that the applicants wanted to build a one story building with six to eight stores at the rear portion of the property and the build- ing coverage complies with the Zoning Ordinance. 0 Mr. Philip Franz, who is the Architect for the proposed developer said that the plan shows that they intend to keep the existing entrance and right-of-way. Mr. Franz stated that the existing stonewall would be maintained and landscaping provided. A question was asked as to whether the applicants had contacted the Department of Transportation who would have to review the plan and the applicants said they had not received their approval . The Board, also, questioned as to whether the building could be put in another location and Mr. Minniti said that if the building was moved forward it would elimi- nate at least two more parking spaces in each row. Mr. Rosenshein, who is the contract vendor and the ap- plicant, said that they plan a quality shopping center. The applicant said they have built several shopping cen- ters, one of which is on Quaker Ridge Road in New Rochelle where he has his office. A suggestion was made as to whether the property would be more acceptable for office space because of the parking problem but Mr. Minniti said he did not think it would rent. Mr. Rosenshein said that they hoped to rent the stores as specialty shops and the Board questioned as to why the building size could not be reduced to increase the parking. The applicants pointed out that one or two stores would not make a shopping center and the type of stores they contemplate would not generate a parking problem. • A question was, also, raised as to illegal parking from the surrounding apartment and Mr. Rosenshein said that in their other shopping centers they have been able to deal with this problem by checking the cars . Mr. Otto Scheuble of 3 Rock Ridge Road said he objected to the application because of the 25 ft. setback as he felt the 10 ft. screening would be difficulty to main- tain and that 100 parking spaces were not enough. Mr. Scheuble said the Post Road could not be compared with Quaker Ridge Road because of the proximity of three schools on the Post Road. Mrs . Marga"etSchultz of 25 Alden Road expressed her ob- jection to the application. Mr. Jerry Glaser of 19 Rock Ridge Road, said as a resi- dent of the area he objected to the tower which would be looking down on his patio and, also, to the frustrated drivers in the event there are no parking spaces avail- able. Mrs. Glaser asked Mr. Rosenshein about the park- ing for the employees and he said the tenants of the stores would have to provide parking for them. After further disucussion and before the vote was taken T Mr. Wassman had to leave the meeting and asked Mr. Boraczek to take over. A vote was taken on the application and the result was as follows : Commissioner Boraczek - Nay Commissioner Hardesty - Nay Commissioner Bodkin - Nay Commissioner Moore - Nay The application was therefore denied and the following Resolution adopted: WHEREAS, Rosenshein Associates have submitted an application to the Building Inspector to allow the construction of a shopping center (retail stores) having a rear yard of 10 ft. , a maximum height of 50 ft. (clock tower) and provide for 100 parking spaces 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 VII Business and Industrial Districts "Construction Require- ments" Section 89-41 Subsection B (3) which requires a minimum rear yard of 25 ft. , Sec- tion 89-41 Subsection D (2) which permits a maximum height of 30 ft. and Article XI Off- street Parking Section 89-66 which requires a minimum parking space for each 100 sq . ft. of floor space (201 spaces) on the premises located at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 407 Parcel 192; and WHEREAS, Rosenshein Associates have submitted an application to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . The proposed building has been located with a rear yard of 10 ft. in order to achieve the largest pos- sible number of parking spaces and still maintain the required right-of- way. 2. With the building coverage not exceeding the zoning requirement of 25% the number of parking spaces provided is 100. 3. Because of the severe change in grade from the street to the build- ing site and in order to achieve visibility by the passing motorist the 50 ft. clocktower has been in- dicated to announce the location of the proposed Village Square Shopping Center. 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 applicant failed to show that the building could not be reduced in size to provide addi - tional parking which would conform to the Zoning Ordinance. 2. That the applicant failed to show that the building could not be placed in a different location so that a minimum rear yard could be provided. 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 the applicant of the reasonable use of the land. 5. That the granting of the vari- ance would not be in harmony with the general purposes and intent of this Ordinance and would be injur- ious to the neighborhood and detri- mental to the public welfare . FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. Mr. Boraczek asked the Secretary to read the next appli- cation . Cgq. 7 APPLICATION NO. 5 - CASE 499 Application of Mr. and Mrs . A. Kahn for modification of Article VI Section 89-30 Subsection B (2) "Construction Requirements for an R-30 One Family Residence District" to allow the construction of an addition at the northerly side of the dwelling having a side yard 15.5 ft. instead of the minimum required side yard of 20 ft. on the pre- mises located at 5 Lakewood Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 102 Parcel 6 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Arnold Wile , an Architect, represented the applicants and said the Kahns needed a larger kitchen. Mr. Wile stated that if the addition went forward they would still require a variance and they did not think the addition in that location would be aesthetically desirable. Mr. Wile presented the Board with three letters from Mrs . Helen Gross, 699 Weaver Street, Mr. C. T. Palagonia, 4 Lakewood Land and Mr. Harold Leaf of 3 Lakewood Lane. All three adjoining property owners were in favor of the application . After further discussion a vote was taken on the appli - cation and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. A. Kahn have submitted an application to the Building Inspector to allow the construction of an addition at the northerly side of the dwelling having a side yard of 15.5 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 89-30 Subsection B (2) "Construc- tion Requirements for an R-30 One Family Resi - dence District" of the Zoning Ordinance which requires a minimum side yard of 20 ft. on the premises located at 5 Lakewood Lane and known on the Tax Assessment Map of the Town of Mama- roneck as Block 102 Parcel 6; and WHEREAS, Mr. and Mrs . A. Kahn have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : [ / „ 1 . The kitchen can only be expanded by either going sideways or forward which would also encroach on the zon- ing requirements . 2. If the addition was built forward the applicants feel it would be aestheti- cally undesirable and affect their neighbors . WHEREAS, this Board has examined the plans , reviewed the application and has heard all per- sons interested in this application after pub- 1ication 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 applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows : 1 . The kitchen cannot be enlarged within the exist- ing dwelling due to the room layout. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-30 Subsection B (2) "Con- struction Requirements for an R-30 One Family Residence District" would deprive the applicant of the reason- able use of the land and/ or building and that the variance as granted by this Board is a minimal adjust- ment 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 public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-30 Sub- section B (2) "Construction Requirements for an R-30 One Family Residence District" be varied and modified so as to allow the construction of an addition at the northerly side of the dwelling having a side yard of 15.5 ft. on the premises located at 5 Lakewood Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 102 Parcel 6 in strict conformance with plans filed with this appli- cation 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. Mr. Boraczek asked the Secretary to read the last appli- cation. APPLICATION NO. 6 - CASE 500 Application of Mrs . F. Vernier for modification of Ar- ticle IV Section 89-20 Subsection A (1 ) "Permitted Uses in an R-7.5 One Family Residence District" which does not permit multiple family use so as to allow the exist- ing dwelling to be used and occupied as a two family dwelling on the premises located at 71 Murray Avenue and known on the Tax Assessment Map of the Town of Mam- aroneck as Block 127 Parcel 271 on the grounds or prac- tical difficulty and/or unnecessary hardship. Mr. George Forbes , an Attorney of 7 Woodland Avenue, Larchmont, New York, represented the applicant and said that according to the records of the Building Department, the house is listed as a one family but the Assessor's records show it as a two family. Mr. Forbes said that the applicant wanted to sell the house as a two family but when they made inquiry they were told it was in a one family district. Mr. Forbes further said that the sale of the house depended on whether it was a one family or two family as the buyers are interested in a two family residence. Mrs. Vernier said she had signed a contract in good faith with a real estate broker who is entitled to his commission. Mrs . Vernier had submitted an affidavit with her appli- cation in which she said that she knows definitely that the house was used as a two family since 1946 and at that time there were two separate apartments in the pre- mises . Mrs.Vernier further said in her affidavit that at all times each apartment had a separate entrance, separate door bells and separate kitchen and living quar- ters . The applicant pointed out that the granting of the vari- ance would not adversely affect the character of the neighborhood nor the values of the adjacent properties since the house in question had been used as a two family residence for over 30 years and there are many non-con- forming houses in the area. Mr. Forbes presented the Board with letters approving the application from the following: Mr. Earl E . Brant 11 Overlook Terrace Mr. and Mrs. Harry Marvin 17 Overlook Terrace Mr. Peter D' Angelo 83 Edgewood Avenue Mr. Peter Wenzel 79 Mr. Richard J . Walsh 78 Mr. and Mrs . B. Wilson 74 Mr. and Mrs . Albert Codino 75 Murray Avenue Mrs . Mary Sganga 69 Murray Avenue Mr. and Mrs . Albert Codino 1 Leafy Lane After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Boraczek - Nay Commissioner Hardesty - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mrs. Mary F. Vernier has submitted an application to the Building Inspector to allow the existing dwelling to be used and oc- cupied as a two family dwelling together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that Article IV Section 89-20 Subsection A (1 ) "Permitted Uses in an R-7.5 One Family Residence District" does not permit multiple family use on the pre- b mises located at 71 Murray Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 127 Parcel 271 ; and WHEREAS, Mrs . Mary F. Vernier has submitted an application to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . That the house as far back as 1946 had two separate apartments . 2. Even though the house is shown in the Building Department records as a one family the records of the Assessor's Office show a two family. 3. Since the house has been used as a two family for over thirty years the granting of the variance will not adversely affect the neighborhood. 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 . Since the house has been used for over thirty years as a two family resi- dence the neighborhood will not be affected by the grant- ing of the variance. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article IV Section 89-20 Subsection A (1 ) "Per- 6 6 v. mitted Uses in an R-7.5 One Family Residence 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. 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 public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article IV Section 89-20 Sub- section A (1 ) "Permitted Uses in an R-7.5 One Family Residence District" be varied and modi- fied so as to permit the existing dwelling to be used as a two family residence on the premises located at 71 Murray Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 127 Parcel 271 in strict con- formance with plans filed with this 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 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 11 :30 P .M. Rita A. Johnson Secretary