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HomeMy WebLinkAbout1978_07_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 26, 1978, IN THE COURT HOUSE, 1201 PALMER AVENUE, 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. Peter G. Moore Absent: Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of June 28, 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 explained to the applicants that because only three members were present their application would have to be approved unanimously and that they had the privi- lege of withdrawing their application to another meeting. The Chairman asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 484 Application of Mr. and Mrs. James F. Reardon for modifi- cation of Article VI Section 89-35 B (1 ) "Construction Requirements for R-6 One Family Residential District" which requires a minimum front setback from both streets of 30 ft. to permit the construction of an addition and alteration to the existing porch creating a front setback of 26 ft. from Orsini Drive on the premises located at 2 Byron Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Parcel 362 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Reardon presented his application to the Board and said they presently have a narrow screened porch which is now in need of repair. The applicant said he has five children and they need a family room. Mr. Reardon fur- ther stated that the proposed site is the only location /g S on the property where such a facility can be provided creating a minimum variance and reasonable use of the property. Mr. Charles Waring of 21 Orsini Drive said he was in favor of the application. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. James F. Reardon have submitted an application to the Building Inspec- tor to permit the construction of an addition and alteration to the existing porch creating a front setback of 26 ft. from Orsini Drive 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 VI Section 89-35 B (1 ) "Construction Requirements for a One Family Residence District R-6" which requires a mini- mum front setback from both streets of 30 ft. on the premises located at 2 Byron Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Parcel 362; and WHEREAS, Mr. and Mrs. James F. Reardon have submitted an application for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons : 1 . Existing porch is narrow and in need of repair. 2. Applicant has five children and needs a family room. 3. The proposed site is the only lo- cation on the property where such a facility can be provided creating a minimum variance and reasonable use of the property. WHEREAS, this Board has examined the plans , re- viewed 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 will provide a needed fam- ily room for the applicant' s family of 5 children. 2. That since the prop- erty is located on a cor- ner lot there is no other location on the property where such a facility could be provided without a greater variance. 3. The proposed family room would function best in the location suggested. (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 VI Section 89-45 B (1 ) "Construction Requirements for R-6 One Family Residential District" be varied and modified so as to allow the construc- tion of an addition and alteration to the exist- ing porch creating a front setback of 26 ft. from Orsini Drive on the premises located at 2 Byron Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 121 Par- cel 362 in strict conformance with plans filed with this application provided that the app- licant 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 next appli- cation. APPLICATION NO. 2 - CASE 485 Application of Mr. and Mrs . Robert M. Vacher for modifi- cation of Article VI Section 89-34 B (3) "Construction Requirements for an R-7.5 One Family Residential District" which requires a minimum rear yard of 25 ft. to allow the construction of a proposed wood deck creating a rear yard of 8 ft. on the premises located at 10 Lundy Lane and known on the Tax Assessment Map of the Town of Mama- roneck as Block 502 Parcel 43 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mrs. Vacher presented her application to the Board and said that her lot is shallow at the rear and slopes down. The applicant said she cannot be outside and watch her children and the proposed deck would make access easier if she had to get out in a hurry. Mrs. Vacher stated that the deck would give them the maximum use of their rear yard. The applicant further said that because her house was built with the minimum requirement of 25 ft. in the rear and because of the location of the kitchen and breakfast room there is no other place on the property where the proposed deck could be built. The Board questioned as to why it was not possible to put a deck at a more normal elevation and about the stairs leading down. Mr. Wassman, also, asked about the present access to the backyard and Mrs. Vacher said it was nec- essary to go through the kitchen and down to the cellar. After further discussion Mr. Wassman advised the appli- cant before the vote was taken that if the application was approved the Board was requesting two provisions. 1 .That the drawing be prepared properly to show standard risers without extending any further into the rear yard. 2. That no application will ever be accepted for enclosing the area beneath the deck in the future. Mrs. Vacher agreed to abide by the provisions requested if her application was approved. The Board voted on the amended application and the result was as follows: Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Moore - Aye The application was therefore approved as amended and the following Resolution adopted: WHEREAS, Mr. and Mrs. Robert Vacher have sub- mitted an application to the Building Inspec- tor to allow the construction of a wood deck creating a rear yard of 8 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 89-34 B (3) "Construction Require- ments for an R-7.5 One Family Residential Dis- trict" which requires a rear yard of 25 ft. on the premises located at 10 Lundy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Parcel 43; and WHEREAS, Mr. and Mrs. Robert Vacher have sub- mitted an application to this Board for a vari- ance on the ground of practical difficulty and/ or unnecessary hardship for the following reasons: 1 . The present house has a minimum requirement of 25 ft. in the rear yard. 2. Due to the location of the kit- chen and breakfast room it is only feasible to have the deck at the rear of the house where the land is very shallow. 3. The deck will be angled from 16 ft. down to allow the use of the outdoors and the maximum use of the backyard. 4. Due to the house being built on minimum side yard requirements there is no other room on the pro- perty where such a facility could be built. 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 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 . That the topography at the rear of the dwell - ing slopes off in the direc- tion of the rear yard. 2. That the elevation of the first floor is a story above grade at the rear of the dwelling. 3. The proposed deck will provide an outdoor living space where the applicant can watch her children when they are playing out of doors. 4. Because the house was built with the minimum side and rear requirements there is no other location where such a facility could be built. 5. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-34 B (1 ) "Construction Requirements for R-6 One Family Residential District" would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted by this Board is a minimal adjusent that /7-0 will accomplish this pur- pose. 6. 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 89-34 B (3) "Construction Requirements for an R-7.5 One Family Residential District" be varied and modified so as to allow the construction of a wood deck creating a rear yard of 8 ft. on the premises located at 10 Lundy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Parcel 43 in strict conformance with plans filed with this appli - cation subject to the following conditions , provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mamaroneck. 1 . That the drawing be prepared pro- perly to show standard risers without extending any further into the rear yard. 2. That no application will ever be accepted for enclosing the area beneath the deck in the future. 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 last appli- cation . APPLICATION NO. 3 - CASE 486 Application of Mr. Ruediger Friedrich for modification of Article VI Section 89-32 B (2) "Construction Require- ments for an R-15 Residential District"-Accessory Struc- tures which requires a minimum setback of 5 ft. from the side and rear property line and Article VIII Section 89-44 "Walls and Fences" which restricts the height of a fence in a residential district to 4 ft. to allow the construc- tion of a wood frame trellis at the rear of the property located 0 ft. from the side and rear property line and to permit the installation of 33.9 lin. ft. of 6 ft. high wooden fence along a portion of the easterly side of the property line and southerly side of trellis on the premises located at 66 Howell Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Parcel 453 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Friedrich presented his application to the Board and questioned the interpretation of the Ordinance in refer- ence to "Accessory Buildings". It was pointed out to Mr. Friedrich that there was a section in the Ordinance entitled "Word Usage" which explained that accessory buildings in- cluded the word "structure". The Board pointed out that the trellis the applicant had constructed was considered a "structure" and asked Mr. Friedrich why he had located it right on the property line. It was decided that the variance was requested for the location of the trellis and the installation of a 6 ft. high wooden fence. Mr. Friedrich said his reason for wanting the 6 ft. high fence was because the existing wall is 6 ft. and he wanted to continue the wall . Mr. and Mrs. Donald Geary, Jr. of 91 Carleon Avenue appeared in opposition and presented the Board members with a letter. Mr. Geary' s letter was read by the Chairman. In his letter Mr. Geary said that he had expressed his disapproval to the applicant and shown him the view from their home. Mr. Geary had suggested to Mr. Friedrich that if the struc- ture was moved some distance away from the property line nearer to the applicant' s property the trellis would not be visible from Mr. Geary' s home. Mr. and Mrs. George M. Wilson of 70 Howell Avenue appeared and Mrs. Wilson asked about the type of fence. Mrs . Patricia Kelly of 1 Meadow Place appeared and said she objected to the fence but could not see the trellis from her house. Mr. James Whelan of 121 Carleon Avenue said he found the trellis "objectionable". The Secretary presented the Chairman with a letter that had been received from Mr. Alan P. Murray of 116 Carleon Avenue which was read by the Chairman. Mr. Murray said he was opposed to the application. After further discussion a vote was taken and the result was as follows : jq Commissioner Wassman - Nay Commissioner Boraczek - Nay Commissioner Moore - Nay The application was therefore denied and the Board advised Mr. Friedrich that either he would have to move the structure within ten days and file plans for a build- ing permit or remove it completely. The following Resolution was adopted: WHEREAS, Mr. Ruediger Friedrich has submitted an application to the Building Inspector to allow the construction of a wood frame trellis at the rear of the property located 0 ft. from the side and rear property line and to permit the installation of 33. 9 lin. ft. of 6 ft. high wooden fence along a portion of the easterly side of the property line and southerly side of trellis 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 VI Section 89-32 B (2) "Construction Requirements for an R-10 Residential District"- Accessory Structures which requires a minimum setback of 5 ft. from the side and rear property line and Article VIII Section 89-44 "Walls and Fences" which restricts the height of fences in a residential district to 4 ft. on the premises located at 66 Howell Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 405 Parcel 453; and WHEREAS, Mr. Ruediger Friedrich 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 . The trellis because of the exist- ing stonewll if located on the property line the 5 ft. allowable would deviate from the course of the fence and pro- vide a strange setup. 2. The applicant is requesting a 6 ft. fence to continue the 6 ft. exist- ing wall . 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 S3 RESOLVED, that this Board denied the applica- tion on the following grounds : 1 . That there is sufficient room at the rear of the property to con- struct the accessory structure in conformity with the Zoning Ordinance. 2. That the proposed 6 ft. high wooden fence would not be necessary since the structure could be located in conformity with the Zoning Ordinance and there would be sufficient room to provide evergreen screening. 3. That there were no special cir- cumstances or conditions applying to the land for which the variance is sought, which circumstances or con- ditions are peculiar to such land and which do not apply generally to land in the district. 4. The facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive the applicant of the reason- able 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 neighborhood and detrimental 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 10:00 P.M. Rita A. Johnson,: Secretary