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HomeMy WebLinkAbout1975_11_10 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD NOVEMBER 10, 1975, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD AVENUE, 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. Andrew W. Boraczek Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin , Jr. Absent: Mr. E. Robert Wassman Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of August 27, 1975 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. Eggers asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 431 Application of Mr. Peter J. Zambito for modification of Article IV Section 410 Schedule of Residence District Regulations for an R-2F Residential District of the Zon- ing Ordinance so as to allow the construction of an addi- tion at the front of the dwelling having a front setback of 26 ft. instead of the minimum required front setback of 30 ft. and a rear yard of 22 ft. instead of the mini- mum required rear yard of 25 ft. on the premises located at 4 Nancy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Parcel 300 on the grounds of practical difficulty and/or unnecessary hard- ship. Mr. Zambito presented his application to the Board and stated that his reason for requesting the addition in the front was to provide a canopy to protect anyone who was entering his house from getting drenched. The appli- cant said that at least six people would be able to stand on the platform and be protected from the weather. Mr. Zambito said that the addition would be attractive and that the screened porch at the rear would provide an out- door living facility. The applicant stated that since they purchased the house in 1963 they have only been able to eat outdoors about ten times and it has been impossible to sit outdoors com- fortably. The Chairman pointed out that the applicant was the first resident in that particular subdivision to request a variance and Mr. Zambito said that the houses on the cul-de-sac have garages which he does not. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Eggers - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mr. Peter J. Zambito has submitted an application to the Building Inspector to allow the construction of an addition at the front of the dwelling having a front setback of 26 ft. and a screened porch at the rear hav- ing a rear yard of 22 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 IV Section 410 Schedule of Residence District Regulations for an R-2F Residential District which requires a minimum front setback of 30 ft. and a mini- mum rear yard of 25 ft. on the premises located at 4 Nancy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Par- cel 300; and WHEREAS, Mr. Peter J. Zambito has submitted an application to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons : 1 . The proposed addition in the front will provide protection against bad weather for anyone entering the house. 2. The proposed screen porch is nec- essary as the applicant has no other outdoor living space. 3. The proposed location for the screen porch is the only feasible I site because of the location of the kitchen door. 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 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 . There is no other lo- cation where the screened porch can be located because of the topography of the lot. 2. The proposed addition in the front will provide protection from the bad wea- ther for anyone coming into the house. (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 to the applicant and that Article IV Section 410 Schedule of Residence District Reg- ulations for an R-2F Residential District of the Zoning Ordinance so as to allow the construc- tion of an addition at the front of the dwell- ing having a front setback of 26 ft. and a rear yard of 22 ft. on the premises located at 4 Nancy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Parcel 300 in strict conformance with plans filed with the 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. The Chairman asked the Secretary to read the second ap- plication. APPLICATION NO. 2 - CASE 430 Application of Mr. L. G. Garcia for modification of Ar- ticle IV Section 410 Schedule of Residence District Regu- lations for an R-10 Residential District of the Zoning Ordinance so as to allow the construction of a wood deck having a rear yard of 20 ft. + instead of the minimum required rear yard of 25 ft. on the premises located at 27 West Brookside Drive and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 218 Parcel 372 on the grounds of practical difficulty and/or unnec- essary hardship. Mr. James McConologue of 919 Harmon Drive, who is the contractor, represented the applicant Mr. Garcia and stated that because Garcia's property is on a corner lot there was no other place for the deck to be located. Mr. McConologue said that at present it is necessary for the applicants to reach the kitchen area either through the garage or front entrance and the proposed deck would be about 34" above grade with a sliding glass door. Mrs. Garcia said they intended to use the deck for an entrance and a place to sit out. It was pointed out that in the rear of the property there are hedges for screening. The Secretary presented a letter from Mr. G. T. Corning of 107 West Garden Road in which Mr. Corning stated that he had no objection to the deck being built. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Eggers - Aye Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye I The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mr. L. G. Garcia has submitted an ap- plication to the Building Inspector to allow the construction of a wood deck having a rear yard of 20 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 IV Section 410 P Schedule of Residence District Regulations for an R-10 Residential District which requires a minimum rear yard of 25 ft. on the premises located at 27 West Brookside Drive and known on the Tax Assessment Map of the Town of Mama- roneck as Block 218 Parcel 372; and WHEREAS, Mr. L. G. Garcia has submitted an ap- plication to this Board for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons : 1 . The proposed addition can only be placed at the rear of the property. 2. The only entrance to the kitchen area at present is either through the front entrance or the garage. 3. At present there is no place to sit outdoors. 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, NCW, 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 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 proposed addition will create an outdoor liv- ing area and a rear entrance into the kitchen. 2. Because of the topography of the lot the proposed site is the only place where the deck can be placed. (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 to the applicant and that Article IV Section 410 Schedule of Residence District Regu- lations for an R-10 Residential District of the Zoning Ordinance so as to allow the construc- tion of a wood deck having a rear yard of 20 ft.+ on the premises located at 27 West Brookside Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 372 in strict conformance with plans filed with the application provided that the applicant complies in all other respects with the Zoning Ordinance and Building Code of the Town of Mama- roneck. FURTH62RESOLVED, 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 Board discussed a date for the November and December meetings since the regular meetings fall on the eve of a holiday. The members present decided that a meeting be scheduled for December 16, 1975 which would include both the November and December meetings. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 8:45 P.M. Rita A. Joh on, Secretary