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HomeMy WebLinkAbout1976_03_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MARCH 24, 1976, 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 8:20 P.M. ROLL CALL Present: Mr. E. Robert Wassman, Chairman Mr. Andrew W. Boraczek Mr. Lawrence G. Bodkin, Jr. Absent: Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of January 28, 1976 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 explained to the applicants that because only three members were present their applications would have to be approved unanimously and if they wished they could have their applications heard at another meeting without penalty. None of the three applicants requested an ad- journment but wanted their applications heard at this meeting. first The Chairman asked the Secretary to read the/application. APPLICATION NO. 1 - CASE 435 Application of Mr. and Mrs. Joseph L. Bruno for modifi- cation of Article VI Section 89-33 Paragraph B (2) Sche- dule of Residence District Regulations for an R-10 Resi- dential District so as to allow the construction of a second story addition over existing garage having a side yard of 5.8 ft. instead of the required minimum side yard of 10 ft. on the premises located at 10 Ellsworth Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 213 Parcel 160 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mr. John C. Fondrisi , the applicant' s Architect spoke and said that the house is already a two story dwelling. Mr. Fondrisi stated that the Bruno proposed to raise the roof above the garage and the addition would not change the appearance of the house structurally. Mr. Fondrisi further said that the proposed location was the only feasi- ble site, financially and aesthetically, and if it was necessary to build another foundation it would become ex- pensive and cause a structural problem. The Chairman questioned the applicants as to what their hardship was and the proposed use of the addition. Mrs. Bruno said she has two daughters four years apart and the house is only a two bedroom dwelling. Mrs. Bruno said she had discussed the addition with her neighbor whose property was in the rear across from their garage and she had no objection to the proposed addition. Mr. Bruno said at present they lack storage space and the addition would add two more closets. After further discussion the Board voted on the applica- tion and the result was as follows: Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mr. and Mrs. Joseph L. Bruno have sub- mitted an application for a building permit to allow the construction of a second story addi- tion over existing garage having a side yard yard of 5.8 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 the Zoning Ordi- nance of the Town of Mamaroneck with particular reference to Article VI Section 89-33 Paragraph B (2) Schedule of Residence District Regulations for an R-10 Residential District which requires a minimum side yard of 10 ft. on the premises located at 10 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 213 Parcel 160; and WHEREAS, Mr. and Mrs. Joseph L. Bruno have sub- mitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons : 1 . The house at present is only a two bedroom house and the applicants are in need of another bedroom as well as extra storage room. 2. The proposed location is the most feasible, financially and structurally. WHEREAS, this Board has examined the plans , re- I 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 circum- stances and conditions applying to the land and/or building for which a variance is sought, which cirumstances and/or conditions have not resulted from any acts of the applicant sub- sequent 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 not encroach in the side yard any further than the present structure. 2. The proposed location is the most feasible due to the location of the exist- ing facilities. (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 89-33 Paragraph B (2) Schedule of Resi- dence District Regulations for an R-10 Resi- dential District so as to allow the construc- tion of a second story addition over existing garage having a side yard of 5.8 ft. on the premises located at 10 Ellsworth Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 213 Parcel 160 in strict con- formance with the 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. The Chairman asked the Secretary to read the second ap- plication. APPLICATION NO. 2 - CASE 436 Application of Mr. and Mrs. Dimitrios Bairaktaris for modification of Article VI Section 89-33 Paragraph B (1&2) Schedule of Residence District Regulations for an R-10 Residential District so as to allow the construc- tion of a two story addition at the westerly side of the dwelling having a front yard setback of 12. 5+ ft. instead of the required front yard of 30 ft. and a total of both side yards of 19.9 ft. instead of the required total of both side yards of 25 ft. on the premises lo- cated at 759 Forest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 220 Parcel 336 on the grounds of practical difficulty and/or unnec- essary hardship. Mr. William A. Sharman, an Architect, represented the applicants, Mr. and Mrs. Dimitrios Bairaktaris and said that at the time the Bairaktaris purchased the house they had two children and they now have three. Mr. Shar- man stated that the applicants needed more room and the proposed addition is the most practical way to enlarge the kitchen, dining room and living room. Mr. Sharman further said that the first floor has only 483 sq. ft. instead of the 900 sq. ft. that is allowed under the present zoning. Mr. Sharman, also, said that the pro- posed addition would add two bedrooms on the second floor. Mrs. Bernard Kubasik of 752 Forest Avenue said that since all the houses in the neighborhood are larger than the dwelling in question the addition would increase the size of the dwelling in conformity with houses in the area and add to the property values of the surrounding area. Mr. Richard Clay of 761 Forest Avenue and Mr. and Mrs. James Henry of 765 Forest Avenue said they approved of the application and felt it would improve the appearance of the house in question. Mr. Wassman and Mr. Boraczek questioned the sky dome that was shown on the proposed plan and asked if the application was approved if the applicants would be wil- ling to eliminate the dome. After Mr. Sharman consulted with Mr. and Mrs. Bairaktaris he said they would agree to leave the dome out. After further discussion a vote was taken on the amended application and the result was as follows : Commissioner Wassman - Aye Commissioner Boraczek - Aye Commissioner Bodkin - Aye The application was therefore approved as amended and the following Resolution duly adopted: WHEREAS, Mr. and Mrs. Dimitrios Bairaktaris have submitted an application for a building permit to the Building Inspector to allow the construction of a two story addition at the westerly side of the dwelling having a front yard setback of 12.5+ ft. and a total of both side yards of 19. 9 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- 33 Paragraph B (1&2) Schedule of Residence Dis- trict Regulations for an R-10 Residential Dis- trict which requires a minimum front yard of 30 ft. and a total of both side yards of 25 ft. on the premises located at 759 Forest Ave- nue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Parcel 336; and WHEREAS , Mr. and Mrs. Dimitrios Bairaktaris have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . The existing residence is very small in comparision with the other houses in the neighborhood. 2. There is no other practical way to construct the addition without a variance. 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, WHEREAS, this Board has requested the appli- cant to amend the application to eliminate the sky dome shown on the plan, NOW, THEREFORE, BE IT I 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 house is presently non-conforming and the ad- dition will not encroach in the front yard any fur- ther than the present struc- ture. 2. The addition will create a house that is more conform- ing to the other dwellings in the neighborhood. (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 89-33 Paragraph B (1&2) Schedule of Residence District Regulations for an R-10 Residential District so as to allow the con- struction of a two story addition at the west- erly side of the dwelling having a front yard setback of 12. 5+ ft. and a total of both side yards of 19.9 ft. on the premises located at 759 Forest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 220 Parcel 336 in strict conformance with the plans filed with this application and amended 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 ic1-4 I 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 437 Application of Mr. Robert T. Mok for modification of Ar- ticle XI Section 89-67 Layout and Location of Offstreet Parking Facilities in a Residential District which requires a minimum front setback of 25 ft. and a minimum side yard of 5 ft. Proposed off-street parking area will have a front setback of 13 ft. and a side yard of 1 .0 ft. on the premises located at 14 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Parcel 313 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Mok appeared before the Board and said they wanted to widen their driveway. The applicant said they have two cars and only a one car garage. Mrs. Mok stated that in severe winter weather if the car that is parked out- side does not start they cannot get the car out of the garage. The applicant said that both she and her husband work and depend on their cars for transportation. Mrs. Mok, also, said that the driveway is in need of repair and while they were having it repaired they thought they would like to widen it. 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 The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mr. Robert T. Mok has submitted an application to the Building Inspector to allow an off-street parking area with a front setback of 13 ft. and a side yard of 1 .0 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 XI Section 89- 67 Layout and Location of Offstreet Parking Facilities in a Residential District which re- quires a minimum front setback of 25 ft. and a minimum side yard of 5 ft. on the premises located at 14 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Parcel 313; and WHEREAS, Mr. Robert T. Mok has submitted an application for a variance on the ground of prac- tical difficulty and/or unnecessary hardship for the following reasons: 1 . The appellant owns two cars and has only one garage. 2. In severe winter weather if the car parked outside fails to start the car in the garage cannot get out. 3. Both the appellant and his wife work and depend on their cars for trans- portation. 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 buildings for which a variance is sought, which circum- stances and/or conditions are pecu- liar to such land and/or buildings in the district and which circumstances have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 1 . The proposed off-street parking facility will create a space where the appellant can park his second car. (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 i -�1 1 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 XI Section 89-67 Layout and Location of Off-street Parking Facilities in a Residential District so as to allow the construction of an off-street parking area having a front setback of 13 ft. and a side yard of 1 . 0 ft. on the premises lo- cated at 14 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 120 Parcel 313 in strict conformance with the plans filed with this application pro- vided that the applicant complies in all other respects with the Zoning Ordinance and Build- ing 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 9:00 P.M. i71-67—Zt Rita A. Johnson Secretary