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HomeMy WebLinkAbout1978_06_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JUNE 28, 1978, IN THE COURT HOUSE, 1201 PALMER AVENUE, LARCHMONT, NEW YORK. CALL TO ORDER In the absence of the Chairman, the meeting was called to order by the acting Chairman, Mr. Andrew W. Boraczek, at 8:15 P.M. ROLL CALL Present: Mr. Andrew W. Boraczek, Acting Chairman Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Absent: Mr. E. Robert Wassman Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of May 24, 1978 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. Mr. Boraczek asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 481 Application of Mr. and Mrs. George M. Wilson for modifi- cation of Article IV Section 89-20 C (3) "Accessory Uses" Family swimming pools as permitted by the Building Code to allow the construction of an in ground swimming pool having a rear yard of 12 ft. instead of the required 20 ft. and separation distance from the dwelling of 6 ft. instead of the required 15 ft. distance separation and Article VIII Section 89-44 A "Terraces and Porches" to allow the construction of a paved terrace having a 0 ft. side yard setback instead of the required 5 ft. setback on the premises located at 4 Briar Close and known on the Tax Assessment Map of the Town of Mamaroneck as Block 105 Parcel 453 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Wilson presented his application to the Board and said that he had a 92 year old daughter with a physical handi- cap. The applicant said his daughter has not walked since birth and the Doctor had recommended swimming for therapy on a daily basis. Mr. Wilson, further said that the pur- pose of the terrace was to prevent erosion, for safety and to facilitate his daughter getting down to the pool because of the sloping terrain . The Board questioned Mr. Wilson as to the depth of the pool which it was pointed out would go from 3 ft. to approximately 10 ft. in depth. Mr. Boraczek, also, pointed out that even though the pool would be heated it would only be usable a maximum of 10 weeks of the year. Mr. Wilson said that when the pool was closed it would be covered with a tarpaulin . Mr. Boraczek expressed con- cern as to what will happen when Mr. Wilson sells his home. Mr. Wilson said the pool could be demolished by just pushing in the walls and filling in. Mr. Boraczek read a petition that had been signed by over thirty neighbors stating that they had no objection to the pool . 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, Mr. and Mrs. George M. Wilson have submitted an application for a building permit to the Building Inspector to allow the construc- tion of an in ground swimming pool having a rear yard of 12 ft. and a separation distance of 6 ft. and a paved terrace having a 0 ft. side yard setback 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 89-20 C (3) "Accessory Uses" Family swimming pools as permitted by the Building Code which requires a minimum rear yard of 20 ft. and a separation distance of 15 ft. and Article VIII Section 89-44 A "Terraces and Porches" which requires a side yard setback of 5 ft. on the premises located at 4 Briar Close and known on the Tax Assessment Map of the Town of Mamaroneck as Block 105 Parcel 453; and WHEREAS, Mr. and Mrs. George M. Wilson have submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . The applicants have a child with a physical handicap and the pool will provide needed therapy. 2. Because of the terrain and the size of the yard the proposed loca- tion is the only feasible site. 3. The terrace is being extended because it is necessary to guard against erosion, for safety and for access to the pool by the applicants handicapped child. 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 aforesaid circumstances and/or conditions are as follows : 1 . Because of the topo- graphy and shallow depth of the lot there is no other location for the swimming pool . 2. For safe access to pool , to prevent erosion and for good drainage it is necessary for the ter- race to be extended. (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 and that Article IV Section 89-20 (3) yr1y "Accessory Uses" Family swimming pools as per- mitted by the Building Code and Article VIII Section 89-44 A "Terraces and Porches" of the Zoning Ordinance be varied and modified so as to allow the construction of an in ground swim- ming pool having a rear yard of 12 ft. and a separation distance from the dwelling of 6 ft. and the construction of a paved terrace having a 0 ft. side yard setback on the premises located at 4 Briar Close and known on the Tax Assessment Map of the Town of Mamaroneck as Block 105 Par- cel 453 in strict conformance with 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. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 2 - CASE 482 Application of Mr. and Mrs . Kaider for modification of Article VI Section 89-35 B (1 ) "Construction Requirements for One Family Residence District R-6" which requires a minimum front setback of 30 ft. to permit the construc- tion of a 2nd story front dormer maintaining an existing non-conforming front setback of 18.60 ft. on the premises located at 51 Hillcrest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 122 Parcel 115 on the grounds of practical difficulty and/or unnec- essary hardship. Mr. Kaider presented his application to the Board and said they needed more room. The applicant said they were raising the roof and the existing second floor bedrooms are small and very hot in the summer. Mr. Kaider said it was necessary to walk through the one room to get to the second bedroom and they needed an additional bedroom. The applicant further said that it was a small house to begin with and he thought the addition would be a benefit to the neighborhood. l After a brief discussion the Board voted on the applica- tion and the result was 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 . Paul Kaider have submitted an application to the Building Inspector to permit the construction of a 2nd story front dormer maintaining an existing non-conforming front setback of 18.60 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 89-35 B (1 ) "Construction Requirements for a One Family Residence District R-6" which requires a mini- mum front setback of 30 ft. on the premises located at 51 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 122 Parcel 115; and WHEREAS, Mr. and Mrs. Paul Kaider have submit- ted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons : 1 . The existing bedrooms on the second floor are very small and hot in the summer and the applicants require ad- ditional room. 2. Proposed addition of dormer will not be any closer to front property line than the existing dwelling. WHEREAS, this Board has examined the plans , re- viewed 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 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 circumstnaces 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 proposed addition will maintain the existing front setback. 2. That the proposed addi- tion will provide additional livable space for the ap- plicant' s family and is in keeping with the mini- mum requirements for the area in which it is located. (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 89-35 B (1 ) "Construction Requirements for One Family Residence District R-6" be varied and modified so as to allow the construction of a second story front dormer maintaining an existing non-conforming front setback of 18.60 ft. on the premises lo- cated at 51 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 115 in strict conformance with plans filed with this application provided that the applicant complies in all other res- pects 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 last appli- cation. APPLICATION NO. 3 - CASE 483 Application of Mrs. Blanche D. Blank for modification of Article IV Section 89-20 C (3) Family Swimming Pools which does not permit the construction of a family swim- ming pool to be located within the required side yard of residential property to allow the construction of an in ground family swimming pool within the easterly side yard of the property on the premises located at Premium Point Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 509 Part of Parcel 86 on the grounds of practical difficulty and/or unnec- essary hardship. Mrs. Blank appeared before the Board with her Contractor, Mr. David Leonetti of Shoreline Pools, Inc. and said that it would be impossible to put the pool in the rear yard. It was pointed out that because of the setback of the house and the location of the seawall which is from 6 to 8 ft. high without a beach there is no room for the pool at the rear of the dwelling. It was further pointed out that the westerly side of the dwelling is encumbered with the driveway and there is presently heavy screen- ing between the proposed pool and the adjoining property. 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 follow- ing Resolution adopted: WHEREAS, Mrs. Blanche D. Blank has submitted an application to the Building Inspector for a building permit to allow the construction of an in ground family swimming pool within the easterly side yard of the property 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 89-20 C (3) Family Swimming Pools which does not per- mit the construction of a family swimming pool to be located within the required side yards of residential property on the premises located at Premium Point Road and known on the Tax Assess- , , ment Map of the Town of Mamaroneck as Block 509 Part of Parcel 86; and WHEREAS, Mrs . Blanche D. Blank has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . Rear of property is very shallow with the seawall and terrace approxi- mately 35 ft. from the house. 2. The other side of the property is occupied by the driveway and park- ing area. 3. That there is no other location on the property where the pool could be located other than the front yard. 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 aforesaid circumstances and/or conditions are as follows: 1 . Because of the topography of the lot and the location of the dwelling there is no other location for the swimming pool . 2. There is presently heavy screening between the pro- posed pool , the dwelling and the adjoining 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 and that Article IV Section 89-20 (3) Family Swimming Pools be varied and modified so as to allow the construction of an in ground swimming pool within the easterly side yard of the property on the premises located at Pre- mium Point Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 509 Part of Parcel 86 in strict conformance with plans filed with this application 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. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:30 P. M. mo(_ -z—rti— Rita A. Johnson, Secretary a( (�