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.
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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.
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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
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