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HomeMy WebLinkAbout1978_01_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JANUARY 26, 1978, 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. Lawrence G. Bodkin , Jr. Mr. Peter G. Moore Absent: Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of November 23, 1977 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. Wassman asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 473 Application of Mr. Albert Codino for modification of Ar- ticle VI Section 89-34 Subsection B (3) "Construction Requirements for an R-7. 5 Residential District" which requires a minimum side yard of 10 ft. so as to allow the construction of an attached garage at the easterly side of the dwelling having a 7 ft. side yard on the pre- mises located at 1 Leafy Lane and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 126 Parcel 135 on the grounds of practical difficulty and/or unnec- essary hardship. Mr. Codino presented his application to the Board and said that the original garage under the residence had been bricked in to prevent rainwater runoff in the drive- way which repeatedly flooded the first floor of his house. The applicant said that since he had closed off the gar- age his drainage problem was solved but it left him with- out a garage. Mr. Codino said that there was no other location for a garage since his property sloped at the rear and the only other outlet out on to Murray Avenue was a safety hazard because of the heavy traffic. E oU Mr. Wassman questioned about a previous application that Mr. Codino had filed for a variance. It was pointed out Mr. Codino had filed an application which had been heard at a meeting held in October 1973 and was the same as the new application. Mr. Wassman read aloud the minutes of the meeting of October 3, 1973 at which Mr. Codino' s application had been denied. The Board questioned the applicant as to the size of the garage and the location of the side door. Mr. Moore said he had lived on Murray Avenue and did not think an outlet on to Murray Avenue was a safety hazard. The Board, also, questioned as to whether Mr. Codino could build a garage off of Murray Avenue where the land had been filled in without a variance. Mr. Domenick Ibelli of 3 Leafy Lane said he lived in his house for about a year and a half and objected to the application because the proposed garage would be too close to his property. Mr. George W. Gold, 8 Leafy Lane, Mr. Richard Tortorelli , 11 Leafy Lane and Mr. Carl Tortorelli , 5 Leafy Lane all spoke in opposition to the application. Mr. Wassman read letter in opposition to the application from Mr. and Mrs. Ibelli , Mr. Richard Tortorelli and Mr. and Mrs. Carl Tortorelli . The Chairman, also, read letters in favor of the applica- tion from the following: Mrs. Vernier and Mr. Hart of 71 Murray Avenue Dr. and Mrs. E. Ladin of 2 Leafy Lane Mrs. Lisa O' Keefe of 82 Murray Avenue Mr. and Mrs. Barber of 7 Leafy Lane Mr. and Mrs. A. Martinson of 20 Baldwin Avenue Mrs. Sadie Lemma, 6 Baldwin Avenue Mrs. Mary Ellen Colabella, 7 Leafy Lane Mr. and Mrs. Matthew Halley, 18 Baldwin Avenue After further discussion the Board decided they didnot think Mr. Codino's plan was very accurate and because of it could not vote on the application. Mr. Wassman asked Mr. Codino if he would be willing to have more de- tailed plans drawn up and the Board would hold the appli- cation over to the February meeting. Mr. Wassman advised that the application would not have to be readvertised and notices would not have to be sent. The Chairman said at the next meeting the Board would only review the plan and there would be no further discussion. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 2 - CASE 474 4 Application of Mrs. Audrey Ellis for modification of Ar- ticle VI Section 89-33 Subsection B (2) "Construction Requirements for an R-10 Residential District" which re- qui'sa minimum side yard of 10 ft. and a total of both side yards of 25 ft. so as to allow the construction of a one story addition to the present garage at the easterly side of the dwelling having a side yard of 6. 3 ft. and a total of both side yards of 20. 5 ft. on the premises located at 14 Stoneyside Drive and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 212 Parcel 293 on the grounds of practical difficulty and/or unnec- essary hardship. Mrs. Ellis and Mr. Poccia, her contractor appeared before the Board. Mrs. Ellis said that she cannot even put a Toyota in her present garage and the house is over 50 years old and has no basement. It was pointed out that the applicant's difficulty was due to the age of the structure and the size of the pre- sent garage which was built before the new cars were made. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mrs. Audrey Ellis has submitted an application to the Building Inspector to allow the construction of a one story addition to the present garage at the easterly side of the dwelling having a side yard of 6.3 ft. and a total of both side yards of 20.5 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 89-33 Subsection B (2) "Construction Requirements for an R-10 Residential District" which requires a side yard of 10 ft. and a total of both side yards of 25 ft. on the premises located at 14 Stoneyside Drive and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 212 Parcel 293; and WHEREAS, Mrs. Audrey Ellis 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 . The garage at present is too small to accommodate present day cars. 2. The applicant has two cars and wants to garage both cars. 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 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 house and garage were built about 50 years ago and the garage is too small to accommodate pre- sent day cars. 2. The applicant has two cars and wants to garage both cars. 3. There is no other way to provide garage space on the property. (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 VI Section 89-33 "Construction Requirements for an R-10 Residential District" so as to allow the construction of a one story addition to the present garage at the easterly side of the dwelling having a side yard of 6. 3 ft. and a total of both side yards of 20. 5 ft. (/( ) on the premises located at 14 Stoneyside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 293 in strict conformance with the 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 9:45 P.M. / - a-e-r�-' Rita A. Johnson Secretary