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HomeMy WebLinkAbout1976_06_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JUNE 23, 1976, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE , WEAVER STREET AND EDGEWOOD AVENUE, LARCH- MONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:25 P.M. ROLL CALL Present: Mr. E. Robert Wassman, Chairman Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Absent: Mr. Andrew W. Boraczek Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of May 26, 1976 were presented and on motion duly made and seconded,approved as corrected. PUBLIC HEARING The Chairman declared the hearing open and the Secretary presented for the record the affidavit of publication of the notice of hearing. The Chairman explained to the applicants that since only three members were present their applications would have to be approved unanimously and they had the privilege of having their applications heard at another meeting without penalty. The Chairman announced that Application No. 3 for Palmer Landscaping and Building Materials , Inc. would not be heard at this meeting. The Chairman told Mr. Minniti , the Attorney for the applicants, that the application could not be heard until after the Town Board had made their determination on the application for a Special Per- mit at the Meeting of the Town Board to be held on July 8, 1976. He said that the Zoning Board would hold a Spec- ial Meeting to hear the application and the members pre- sent decided to hear the application on July 13, 1976. The Secretary was asked to read the first application. APPLICATION NO. 1 - CASE 443 Application of Mr. James Gross for modification of Arti- cle VI "Construction Requirements for an R-15 Residential District" Section 32 Subsection B (1 ) so as to allow the construction of an addition at the rear of the dwelling having a setback of 33 ft. more or less from Winged Foot ( I Drive instead of the required minimum setback of 40 ft. from street line on the premises located at 2 Dundee Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Parcel 741 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Theodore Earne, an Architect, of 342 Madison Avenue, New York,New York, 10017, representing the applicant, Mr. James Gross stated that because the property was on a corner and surrounded by three streets any addition to the dwelling would be restricted. He further stated that the present breakfast room is small and inadequate for the applicant's family. A question was raised as to whether the proposed porch shown on the plan would be an open porch and the Chair- man advised the applicants that if they ever wanted to enclose the porch they would have to file another appli- cation. After further discussion the Board voted on the appli- cation and the result was as follows : Commissioner Wassman - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the follow- ing Resolution duly adopted: WHEREAS, Mr. James Gross has submitted an ap- plication to the Building Inspector to allow the construction of an addition at the rear of the dwelling having a setback of 33 ft. more or less from Winged Foot 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 "Construc- tion Requirements for an R-15 Residential Dis- trict" Section 32 Subsection B (1 ) which requires a minimum setback of 40 ft. from street line on the premises located at 2 Dundee Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 208 Parcel 741 ; and WHEREAS, Mr. James Gross has submitted an appli- cation to the Board for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons : 1 . There are streets on three sides of the property which restricts any addition to the dwelling when required setbacks are applied and limits the _� � 6.-r I use of the rear of the property. 2. The breakfast room is small and inadequate for the needs of the family. 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 grants the applica- tion for the following reasons : (a) There are special circumstances and conditions applying to the land and/or building for which the vari- ance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant sub- sequent to the date of the Zoning Regulations appealed from. (b) These circumstances and/or con- ditions are as follows : 1 . The proposed porch would be an open porch only. 2. The conditions are such that the particular appli- cation of the Ordinance with respect to Article VI "Construction Require- ments for an R-15 Residen- tial District" Section 32 Subsection B (1 ) would deprive the applicant of the reasonable use of the land and/or buildings and that for these reasons the granting of the variance is necessary for the reason- able use of the land and/ or building and that the variance as granted by this Board is the minimum adjust- ment that will accomplish this purpose. 3. The granting of this 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 "Construction Require- ments for an R-15 Residential District" Section 32 Subsection B (1 ) be varied and modified so as to allow the construction of an open porch and addition to breakfast room at the rear of the dwelling having a setback of 33 ft. more or less from Winged Foot Drive on the premises located at 2 Dundee Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 208 Parcel 741 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 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;and be it, 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 444 Application of Mr. and Mrs. Paul Kalos for modification of Article VI Section 35 Subsection B (1 ) "Construction Requirements for an R-6 Residential District" which re- quires a minimum front setback of 30 ft. so as to allow the construction of a one story addition to the front of the dwelling having a front setback of 26.5 ft. on the premises located at 44 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Parcel 222 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Robert M. Immerman, an Architect, of 47 Valley Road, Larchmont, New York representing Mr. and Mrs. Kalos stated that there had been several additions to the house all made by previous owners. He further stated that the house is large and in proportion to the rest of the dwell- ing the existing kitchen is not adequate for a family of five who require an eat in kitchen and the proposed site is the only feasible location. After further discussion a vote was taken on the appli- I cation and the result was as follows: Commissioner Wassman - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mr. and Mrs. Paul Kalos have submitted an application to the Building Inspector to allow the construction of a one story addition to the front of the dwelling having a front setback of 26. 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 the Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article VI Section 35 Subsection B (1 ) "Construction Requirements for an R-6 Residential District" which requires a minimum front setback of 30 ft. on the pre- mises located at 44 Colonial Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 120 Parcel 22; and WHEREAS, Mr. and Mrs. Paul Kalos 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 . A family of five requires an eat- in kitchen in proportion to the al- ready expanded five bedroom house. 2. Because of the location of the kitchen, expansion is unfeasible ex- cept by extension of front 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 RESOLVED, that this Board granted the applica- tion on the following grounds: (a) 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 . Due to the location of the kitchen the proposed addition at the front of the building is the most logical . 2. That circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Paragraph 35 Subsection B (1 ) "Con- struction Requirements for an R-6 Residential District" would deprive the applicant of the reasonable use of the land and/or buildings and that the variance as granted by this Board is a minimal adjustment that will accomplish this pur- pose. 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 35 Subsec- tion B (1 ) "Construction Requirements for an R-6 Residential District" be varied and modified so as to allow the construction of a one story addition at the front of the dwelling which will have a front yard setback of 26.5 ft. on the premises located at 44 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Parcel 222 in strict conformance with plans filed with this application provided that the applicant complies in all other respects with the Zon- ing Ordinance and Building Code of the Town of Mamaroneck, and be it 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 J and completed within two years of the date of said permit, and be it 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 10: 15 P.M. cr/tIC Rita A. Johnson, ecretary