Loading...
HomeMy WebLinkAbout1978_10_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD OCTOBER 25, 1978, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER In the absence of Mr. Wassman, the meeting was called to order by the acting Chairman, Mr. Andrew W. Boraczek at 8: 15 P .M. ROLL CALL Present: Mr. Andrew W. Boraczek, acting Chairman Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Absent: Mr. E. Robert Wassman Mr. Peter G. Moore Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of September 27, 1978 were presented 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. Boraczek explained to the applicants that since there were only three members present their application would have to be approved unanimously and they had the privi- lege of having their cases heard at another meeting. The Chairman asked the Secretary to read the application of Mr. and Mrs. Clemens which had been postponed from the September meeting. CASE 490 Application of Mr. and Mrs. Frank J . Clemens , Jr. for modification of Article VI Section 89-35 B (2) "Construc- tion Requirements for a One Family R-6 Residence District" of the Zoning Ordinance so as to allow an addition to the existing screen porch having a side yard of 2 .56 ft. and a total of both yards of 9.45 ft. instead of the re- quired minimum side yard of 8 ft. and a total of both yards of 18 ft. on the premises located at 89 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 217 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Clemens presented his application and said that they had a very small six room house ; which was adequate when 1 f 6 y they purchased it 7 years ago but they now have two chil- dren and need more room. The applicant said they had explored the idea of expanding the attic, finishing the basement or adding on at the rear but the attic is too small , the basement ceiling too low and there is a rock ledge behind the house. Mr. Clemens said they had reduced the proposed variance by 3 ft. and if they only enclosed the existing screened porch the room would not be sufficient for both the fur- niture and people . The applicant further said they did not want to change the character of the neighborhood as they wanted to stay in the area and the addition would increase the value of their property without harming their neighbors . Mr. Clemens presented the Board with a sketch showing his house and the proximity of the adjoining resi- dence at 87 Colonial Avenue. The Chairman read three letters the applicant had presented from Mr. Michael J . Harrington, 36 Colonial Avenue, Mrs. Diane D. Harvey, 6 Senate Place and Mrs. Inez Condon of 91 Colonial Avenue, all approving the application. Mr. Guillermo Caycedo of 87 Colonial Avenue, who was pre- sent at the meeting said he objected to the application as the Clemen's patio presently comes right up to his property line. After further discussion a vote was taken on the amended application and the result was as follows: Commissioner Boraczek - Nay Commissioner Hardesty - Nay Commissioner Bodkin - Aye The application was therefore denied and the following Resolution adopted: WHEREAS, Mr. and Mrs . Frank J. Clemens , Jr. have submitted an application to the Building Inspector to allow an addition to the existing screen porch having a side yard of 2.4 ft. and a total of both yards of 9.45 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 Subsection B (2) "Construction Requirements for a One Family R-6 Residence District" which requires a mini- mum side yard of 8 ft. and a total of both yards of 18 ft. on the premises located at 89 Colonial Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 112 Parcel 217; and �y7° WHEREAS, Mr. and Mrs. Frank Clemens, Jr. have submitted an application for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons : 1 . Family is in need of additional living area. 2. Present screen porch is only ap- proximately 9 x 14. 3. Proposed addition can not be lo- cated in any other area due to rock ledge at the rear of the lot. 4. Basement headroom is too low to permit the family room in that loca- tion . 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 denied the applica- tion on the following grounds : 1 . That the proposed addition would create a side yard of 4.5 ft. and would reduce the access to the rear yard and the light and air to the adjoin- ing property. 2. That there were no special circum- stances or conditions applying to the land for which the variance is sought, which circumstances or conditions are peculiar to such land and which do not apply generally to land in the dis- trict. 3. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land. 4. That the granting of the variance would not be in harmony with the general purposes and intent of this Ordinance and would be injurious to the neigh- borhood and detrimental to the public welfare. FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 1 - CASE 491 Application of Mr. and Mrs. Eugene Ritter for modifica- tion of Article XI Section 89-67 Subsection B "Layout and Location of Off-street Parking Facilities" to allow the existing driveway to be widened so as to provide an off-street parking area having a side yard of 0 ft. in- stead of the minimum required 5 ft. and a front setback of 0 ft. instead of the minimum required 25 ft. on the premises located at 11 Nancy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Parcel 321 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. Ritter presented his application to the Board and said his main reason for wanting to extend the driveway was to park his boat. In his application, Mr. Ritter said that he presently has a blacktop driveway about 50 ft. in length and that they have two family cars which do not fit into his garage. The applicant said that since the boat is immobile it would be inconvenient to hook the boat to a car to move it every time they wanted to put one of the cars in or out of the garage. The Board questioned as to why the applicant could not park the boat in the garage and Mr. Ritter said it did not fit. The applicant further maintained that he could not afford to belong to a boat yard or marina and he had consulted his neighbor on the left who had no objection. Mr. Peter Zambito of 4 Nancy Lane said he supported the application and thought he preferred seeing the boat parked on blacktop rather than in the middle of the lawn . A question was asked of Mr. Paonessa as to whether boats were permitted to be parked on residential property and he replied that according to the Zoning Ordinance a boat could be parked with the same restrictions as cars but trailers were prohibited. Mr. and Mrs . Kurt Neimeister of 12 Nancy Lane said they approved of the application. Mrs. Neumeister said that Mr. Ritter had told her husband that he was going to pro- vide screening but it was pointed out that the screening was not part of the application . Mrs . Gene Ferorelli of 5 Nancy Lane appeared before the Board and said she had written a letter because she thought she was not going to be able to attend the meeting but found she was able to come. Mrs . Ferorelli said she ob- jected to the application and felt that if Mr. Ritter' s request was granted it would be detrimental to their pro- perty value. Mrs. Ferorelli , also, said she could not see the applicant's hardship. Mr. Tibor Frater of 1 Nancy Lane said she objected to the application and did not want the neighborhood to be- come commercialized. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Boraczek - Nay Commissioner Hardesty - Nay Commissioner Bodkin - Nay The application was therefore denied and the following Resolution adopted: WHEREAS, Mr. and Mrs. Eugene Ritter have sub- mitted an application to the Building Inspec- tor to allow the existing driveway to be widened so as to provide an off-street parking area having a side yard of 0 ft. and a front setback of 0 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 XI Section 89-67 Subsection B "Layout and Location of Off-street Parking Facilities"which requires a minimum side yard of 5 ft. and a minimum front setback of 25 ft. on the premises located at 11 Nancy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 402 Parcel 321 ; and WHEREAS, Mr. and Mrs . Eugene Ritter have sub- mitted an application for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons: 1 . The applicant does not have room enough in his present driveway for both of his cars and a boat. 2. The applicant has five children and cannot afford to belong to a boat- yard or marina. 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 denied the applica- tion on the following grounds : 1 . That the existing garage is not being used by the applicant for the purpose for which it is intended; namely, the parking of a motor vehicle. 2. That the present driveway is now being used to park two motor vehicles which does not conform to the Zoning Ordinance. 3. That there were no special circum- stances or conditions applying to the land for which the variance is sought, which circumstances or conditions are peculiar to such land and which do not apply generally to land in the district. 4. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land. 5. That the granting of the variance would not be in harmony with the gen- eral purposes and intent of this Ordi- nance and would be injurious to the neighborhood and detrimental to the public welfare . FURTHER RESOLVED, that this decision be filed with the Town Clerk in accordance with Section 267 of the Town Law. The Chairman asked the Secretary to read the last appli- cation. APPLICATION NO. 2 - CASE 492 Application of Dr. and Mrs. Lawrence Lerman for modifi- cation of Article VI Section 89-33 B (2) "Construction Requirements for an R-10 One Family Residence District" to allow the construction of a second story addition at the easterly side of the dwelling maintaining an exist- ing nonconforming side yard of 8.9 ft. instead of the required side yard of 10 ft. on the premises located at 41 Lansdowne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Parcel 351 on the grounds of practical difficul ty and/or unnecessary hard- ship. Dr. Lerman presented his application to the Board and said they needed more space. The applicant said the ad- dition would be used as a study which would be right off l % 7 the master bedroom. The applicant said they had looked at other houses but liked their present home and wanted to stay. Dr. Lerman further said they were not encroach- ing in any manner and the new roof would carry out the lines of the present roof. Dr. Lerman, in his application, also, said that the addi- tion would enhance the appearance of the house from an aesthetic point of view and because of the topography of the land it would not be feasible to construct the addition in any other location. The Chairman read a letter from Mr. and Mrs. Vincent Ober- meir of 57 Lansdowne Drive, the Lerman' s adjacent neigh- bors stating that they had no objection to the construc- tion of the addition. After further discussion a vote was taken on the appli- cation and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Dr. and Mrs. Lawrence Lerman have sub- mitted an application to the Building Inspector to allow the construction of a second story ad- dition at the easterly side of the dwelling main- taining an existing nonconforming side yard of 8.9 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 Aritice VI Sec- tion 89-33 B (2) "Construction Requirements for an R-10 One Family Residence District" of the Zoning Ordinance which requires a minimum side yard of 10 ft. on the premises located at 41 Lansdowne Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 219 Par- cel 351 ; and WHEREAS, Dr. and Mrs. Lerman have submitted an application for a variance on the ground of prac- tical difficulty and/or unnecessary hardship for the following reasons : 1 . Dr. and Mrs. Lerman both require a study for the purpose of pursuing their professional studies. 2. The proposed addition will not reduce the size of the present side yard. 3. Because of the topography of the land which slopes down it would be too costly to construct the addition in any other location. 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 . The proposed second story addition will main- tain existing non-conform- ing side yard . 2. That the topography of the land is such that the proposed addition could not be located in any other location. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-33 B (2) "Construction Requirements for an R-10 One Family Residence Dis- trict" would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance as granted by this Board is a minimal adjustment that will accomplish this purpose. 4. That the granting of the variance is in harmony with the general purposes ( -( / C and intent of the Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 B (2) "Construction Requirements for an R-10 One Family Residence District" be varied and modified so as to maintain an existing noncon- forming side yard of 8.9 ft. on the premises located at 41 Lansdowne Drive and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 219 Parcel 351 in strict conform- ance 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. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:30 P .M. Rita A. Johnson Secretary I 77