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HomeMy WebLinkAbout1979_03_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MARCH 28, 1979, 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. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of February 28, 1979 were pre- sented and on motion duly made and seconded were approved as submitted. The minutes of the meeting of January 24, 1979 on motion duly made and seconded were 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. Wassman asked the Secretary to read the application . APPLICATION NO. 1 - CASE 503 Application of Mr. and Mrs . A. Kahn for modification of Article VI Section 89-30 Subsection B (2) "Construction Requirements for an R-30 One Family Residence District" to allow the construction of an addition at the northerly side of the dwelling having a side yard of 15.2 ft. in- stead of the minimum required side yard of 20 ft. on the premises located at 5 Lakewood Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 102 Parcel 6 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Arnold N. Wile , who is the applicant's Architect pre- sented the application to the Board and said that they had appeared before the Board in January and had been granted a variance. Mr. Wile said that Mr. Kahn had been ready to start the work when he found out he had to to into the hospital for an operation for a leg problem. Before Mr. Kahn went into the hospital he asked the con- tractor not to start the work and after the operation he realized he would not be able to move around for a while and decided to add a small study and bathroom next to the kitchen he had previously received a variance to enlarge . The Board questioned Mr. Wile as to whether Mr. Kahn's condition was temporary and whether he was able to travel to his business or if he intended to use the study for his Office. Mr. Wile said to his knowledge he did not believe that Mr. Kahn intended to use the study for his business and that at present even though Mr. Kahn is on crutches he travels back and forth to his business . The Board, also, asked Mr. Wile what business Mr. Kahn was in and Mr. Wile said he did not know. It was pointed out that the house had been built prior to the present zoning. The Board, also, questioned Mr. Wile as to why the addition couldn' t be in another loca- tion which possibly would not involve a variance. Mr. Wile said that aesthetically they felt the proposed loca- tion was the best. After further discussion the Board voted on the applica- tion and the result was as follows : Commissioner Wassman - Aye 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 . A. Kahn have submitted an application to the Building Inspector to allow the construction of an addition at the northerly side of the dwelling having a side yard of 15.2 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 89-30 Subsection B (2) "Construction Requirements for an R-30 One Family Residence District" of the Zoning Ordinance which requires a minimum side yard of 20 ft. on the premises located at 5 Lakewood Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 102 Parcel 6; and WHEREAS, Mr. and Mrs . A. Kahn have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1 . In recent weeks Mr. Kahn has suf- fered a leg condition that will affect his mobility. 2. It would be hard for the appli- cant to move around and the study and bath proposed off the kitchen would provide a convenient and quiet retreat. 3. It would be aesthetically undesi- rable to locate the proposed addition in another direction. WHEREAS, this Board has examined the plans , reviewed the application and has heard all per- sons interested in this application after pub- 1ication 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 . Due to the layout of the dwelling the addition cannot be provided in any other location. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-30 Subsection B (2) "Con- struction Requirements for an R-30 One Family Residence District" would deprive the applicant of the reason- able use of the land and/ or building and that the variance as granted by this Board is a minimal adjust- ment that will accomplish this purpose. 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 89-30 Sub- section B (2) "Construction Requirements for an R-30 One Family Residence District" be varied and modified so as to allow the construction of an addition at the northerly side of the dwelling having a side yard of 15.2 ft. on the premises located at 5 Lakewood Lane and known on the Tax Assessment Map of the Town of Mama- roneck as Block 102 Parcel 6 in strict conform- ance with plans filed with this application provided that the applicant complies in all other respects with the Zoning Ordinance and Building Cost 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. Rita . Johnson, Secretary O -of r