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