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HomeMy WebLinkAbout1974_05_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD MAY 22, 1974, 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. Richard F. Eggers , Chairman Mr. E. Robert Wassman Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Absent: Mr. Andrew W. Boraczek Also present: Mr. William Paonessa, Building Inspector 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. Eggers asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 404 Application of Mrs. Josephine Fazio for modification of Article IV Section 440.3 Non-Conforming Use of Buildings and Article IV Section 410 Schedule of Permitted Uses in a "B" Business District to allow additions and alter- ations to an existing non-conforming one family dwelling so as to create a two family dwelling which is not a Per- mitted Use in a "B" Business District on the premises located at 30 Weaver Street and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 401 Parcel 310 on the grounds of practical difficulty and/or unnec- essary hardship. Mr. Edwin M. Freeman, an Attorney, of 176 North Avenue, New Rochelle, represented Mrs. Josephine Fazio, the appli- cant. Mr. Freeman stated that Mrs. Fazio's husband had died in July of 1973 and for financial reasons Mrs. Fazio wanted to add two small rooms and bath for her own use. Mr. Freeman said the applicant would like to possibly rent out the portion of the house she is presently liv- ing in to her recently married daughter. Mr. Freeman, also, stated that the two family house would not change the character of the neighborhood and the addi- tion would not be extending any further than the exist- ing dwelling. (' J6i Mr. Kenneth Nixon, President of the Howell Park Associa- tion inquired about the application and stated that as long as there would be no change in "use" in the area he was not opposed. Mr. Otto Scheuble of 3 Rock Ridge Road stated that if the purpose of the application was for a two family house for the use of Mrs. Fazio's children he was not opposed. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Hardesty -Aye Connni ssi oner Bodkin - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mrs. Josephine Fazio has submitted an application for a building permit to the Building Inspector to allow additions and altera- tions to an existing non-conforming one family dwelling 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 440.3 Non-Conforming Use of Buildings which requires that a non-conforming use of a building only be changed to a conforming use and does not permit a two family house in a Business District on the premises located at 30 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 410 Parcel 310; and WHEREAS, Mrs. Josephine Fazio 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 . For financial reasons the applicant wants to rent the portion of the house she is presently living in. 2. The house is located in an area where there are presently two family residences. 3. The proposed two family dwelling would conform to the area requirements of the zoning law. 4. The proposed two family residence would not change the character of the neighborhood. rd.(' 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: 1 . Similar dwellings in the neighborhood are mul- tiple residences and the addition will not change the character of the area. 2. Proposed addition would not extend beyond existing foundations. 3. That said circumstances or conditions are such that the particular appli- cation of the Ordinance with respect to Article IV Section 440.3 Non-Conform- ing Use of Buildings would deprive the applicant of the reasonable use of the land and/or buildings and that for these reasons the granting of the vari- ance is necessary for the reasonable use of the land and/or buildings and that the variance as granted by this Board is the mini- mum adjustment that will accomplish this purpose. 4. That the granting of this variance is in har- mony with the general pur- poses and intent of this Ordinance and will not be injurious to the neigh- 4.3 borhood or otherwise detri- mental to the public wel - fare;and it is FURTHER RESOLVED, that a variance is hereby granted to the applicant and that Article IV Section 440. 3 Non-Conforming Use of Buildings of the Zoning Ordinance so as to allow additions and alterations to the existing non-conforming dwelling and to permit the use as a two family dwelling in a "B" Business District on the pre- mises located at 30 Weaver Street and known on the Tax Assessment Map of the Town of Mama- roneck as Block 410 Parcel 310 in strict con- formance 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. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 2 - CASE 405 Application of Mr. Edward J. Manousoff for modification of Article IV Section 410 Schedule of Residence District Regulations for an R-30 Residential District so as to allow the construction of a one family dwelling having a rear yard of 40 feet instead of the minimum required rear yard of 50 feet on the premises located at Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315 Parcel 801 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Manousoff presented his application and showed the Board a rendering of the proposed dwelling. The appli- cant stated that at the time the subdivision was approved the Planning Board made the designation of the rear yard which is the side yard of the proposed house and because of the rock condition the garage cannot be placed within the required 50 feet. Mr. Manousoff said that due to the large amount of rock it will be necessary to raise the garage about 4 feet above the level of the house and except for the modifi- cation near the garage the proposed house fits in per- fect with the topography of the lot. The Chairman pointed out to the Board that he had been out to look at the site and the lot in question is solid rock. After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore approved and the follow- ing Resolution duly adopted: WHEREAS, Mr. Edward J. Manousoff has submitted an application for a building permit to the Building Inspector to allow the construction of a one family dwelling having a rear yard of 40 feet 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 410 Schedule of Residence District Regulations for an R-30 Residential District which requires a minimum rear yard of 50 feet on the premises located at Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 305 Parcel 801 ; and WHEREAS, Mr. Edward J. Manousoff 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 . At the time the Planning Board approved the subdivision they desig- nated the rear yard which is actually the side yard of the proposed house. 2. Due to the rock condition the garage cannot be located the required 50 feet. 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 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 aforesaid circumstances and/or conditions are as follows: 1 . The topography of the lot is such that the house can only be located at the proposed site so that a minimum amount of rock would be required to be removed to construct the dwelling. 2. The rear yard shown on the subdivision approval will be the side yard of the proposed dwelling which will comply with the side yard requirements for a dwelling located in an R-30 Residential District. (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 IV Section 410 Schedule of Residence District Regu- lations for an R-30 Residential District of the Zoning Ordinance so as to allow the construc- tion of a one family dwelling having a rear yard of 40 feet on the premises located at Country Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 315 Parcel 801 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 Mama- roneck. 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 8:35 P.M. lta . Johnso , Secretary � f6 , A