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HomeMy WebLinkAbout1977_11_23 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD NOVEMBER 23, 1977, 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 October 26, 1977 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 asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 471 Application of Mr. and Mrs. Philip D'Ancona for modifica- tion of Article VI Section 89-35 "Construction Requirements for an R-6 One Family Residential District" which requires a minimum rear yard of 25 ft. so as to allow the construc- tion of a second story addition at the rear of the dwell- ing maintaining a rear yard of 18.5 ft. on the premises located at 28 Cooper Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 518 on the grounds of practical difficulty and/or unnecessary hardship. Mr. D'Ancona presented his application to the Board and said they presently have only two bedrooms and one bath- room. The applicant said they now have only one child and would like to have more children but they need addi- tional rooms. It was pointed out that the proposed addition would require that the roof at the rear of the dwelling be raised. It was, also, pointed out that the house was built prior to ivq 1959 under the old zoning and is presently non-conforming due to the setback of the dwelling from the rear property line. After further discussion a vote was taken 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. Philip D'Ancona have sub- mitted an application to the Building Inspector to allow the construction of a second story addi- tion at the rear of the dwelling maintaining a rear yard of 18.5 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 89-35 "Construc- tion Requirements for an R-6 One Family Residen- tial District" which requires a rear yard of 25 ft. on the premises located at 28 Cooper Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 518; and WHEREAS, Mr. and Mrs. Philip D'Pncona 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 existing dwelling only has two bedrooms and one bathroom and the applicant requires additional bedrooms and family room space. 2. Proposed addition of second floor dormer will not be any closer to rear property line than the existing dwell- ing. 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 said circumstances and conditions are as follows : 1 . The proposed addition will maintain the exist- ing rear yard. 2. That the dwelling was built under the previous zoning and is presently non-conforming. 3. That the proposed ad- dition will provide addi - tional floor space in con- formance with the district area requirements. O (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 89-35 "Construction Requirements for an R-6 One Family Residential District" so as to allow the construction of a second story addition at the rear of the dwelling maintain- ing a rear yard of 18.5 ft. on the premises located at 28 Cooper Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217 Parcel 518 in strict conformance with the plans filed with this application provided that the applicant complies in all other res- pects 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 last appli- cation. APPLICATION NO. 2 - CASE 472 Application of Magnetti Enterprises, Inc. for modifica- tion of Article VI Section 89-32 "Construction Require- ments for an R-15 One Family Residence District" which requires a street line frontage of 25 ft. so as to allow the construction of a one family dwelling having a street line frontage of 15.23 ft. on the premises located at Leatherstocking Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 320 Parcel 224 on the grounds of practical difficulty and/or unnecessary hard- ship. Mr. Magnetti , who resides at 125 Teresa Lane, Mamaroneck, presented his application to the Board and said he had bought the lot from Mr. Edelman. Mr. Magnetti stated that when he had applied to Mr. Paoness for a building permit his application was denied. The applicant said that the lot contains almost 20,000 square feet and con- forms in all other respects. Mr. Paonessa told the Board that the property had origi- nally been developed by Mr. Lawrence Kramer, who certi- fied the map for the preliminary hearing. The lot in question on the preliminary map showed the required front- age. The map that was presented for the final hearing and approved by the Planning Board was prepared by Mr. Sal Spinelli , the Surveyor. The lot in question on the final map showed the frontage of 15.23 ft. Mr. Paonessa said the Town had accepted the street. Mr. Richard Darsky of 14 Leatherstocking Lane said that the neighbors had discussed the application and were in favor of Mr. Magnetti building a house on the lot. After further discussion a vote was taken on the appli - cation 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, Magnetti Enterprises, Inc. have sub- mitted an application for a building permit to the Building Inspector for the construction of a one family dwelling having a street line frontage of 15.23 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 89-32 "Construction Requirements for an R-15 One Family Residence District" which requires a street line frontage of 25 ft. on the pre- mises located at Leatherstocking Lane and known on the Tax Assessment Map of the Town of Mama- roneck as Block 320 Parcel 224; and WHEREAS, Magnetti Enterprises , Inc. have sub- mitted an application for a variance on the ground of practical difficulty and/or unnec- essary hardship for the following reasons: 1 . The lot conforms in all other respects except for the street line frontage. C2. When the subdivision was approved the lot in question had been shown at the preliminary hearing with the required frontage and was approved at the final hearing with the front- age of 15.23 ft. 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 circumstances and conditions applying to the land and/or building for which a variance is sought, which circumstances and/or conditions are peculiar to such land and/or buildings in the district and which circumstances and 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 lot area conforms to the zoning requirements for the district in which it is located. 2. That the lot is shown on the approved subdivision as a building lot. 3. That said circumstances or conditions are such that the particular application of the Ordinance with respect to Article VI Section 89-32 "Con- struction Requirements for an R-15 One Family Residence Dis- trict" would deprive the appli - cant of the reasonable use of the land and/or building and that the variance as granted by this Board is the minimal adjustment that will accomplish this purpose. 4. 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 neighbor- hood or otherwise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-32 "Construction Requirements for an R-15 One Family Residence District" be varied and modified so as to allow the construction of a one family dwelling having a street line frontage of 15.23 ft. on the pre- mises located at Leatherstocking Lane and known on the Tax Assessment Map of the Town of Mama- roneck as Block 320 Parcel 224 in strict confor- mance with plans filed with this application provided 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. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 8:45 P.M. 7. Rita A. Johnson , ecretary