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HomeMy WebLinkAbout1977_10_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD OCTOBER 26, 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. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Absent: Mr. Andrew W. Boraczek Mr. Peter G. Moore Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of September 28, 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 explained to the applicants that because only three members were present their applications would have to be approved unanimously and they had the privilege of having their applications heard at another meeting without penalty. The Chairman asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 467 Application of Mr. Thomas Sofia for modification of Arti- cle IV Section 89-20 Subsection 6-3 "Permitted Accessory Uses in a Residential District" which requires a minimum separation and side yard of 15 ft. and minimum rear yard of 20 ft. to allow the construction of an above ground swimming pool having a separation distance of 2 ft. a side yard setback of 13 ft. and a minimum rear yard of 2 ft. on the premises located at 8 Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Parcel 268 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Stanley Rustic, who is the Agent for Hendon Pools, the Contractor, represented the applicant and said because of the small rear yard there is no other location for the l installation of a swimming pool without a variance. It was pointed out that there was already a wood deck on the dwelling and the proposed pool would be located 2 ft. from the deck. It was, also, noted that there are no neigh- bors in the rear as the back yard faces the railroad tracks. Mrs. Sofia said that her neighbor at 6 Blossom Terrace which is next to her property already has a pool . After further discussion the Board voted on the applica- tion and the result was as follows : Commissioner Wassman - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. Thomas Sofia has submitted an applica- tion for a building permit to the Building Inspec- tor to allow the installation of an above ground swimming pool having a separation distance of 2 ft. a side yard setback of 13 ft. and a rear yard of 2 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 IV Section 89-20 Subsection 6-3 "Permitted Accessory Uses in a Residential District" which requires a minimum separation and side yard of 15 ft. and a minimum rear yard of 20 ft. on the premises located at 8 Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Parcel 268; and WHEREAS, Mr. Thomas Sofia has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons : 1 . The rear yard is small and there is no other location for a swimming pool without a variance. 2. The rear yard faces the railroad and there are no neighbors. 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 as follows : 1 . There is no other lo- cation for a swimming pool without a variance. 2. Because the rear yard faces the railroad tracks and there are no other neigh- bors involved. (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 and that Article IV Section 89-20 Sub- section 6-3 "Permitted Accessory Uses in a Resi- dential District" of the Zoning Ordinance be varied and modified so as to allow the installa- tion of an above ground swimming pool having a separation distance of 2 ft. a side yard set- back of 13 ft. and a rear yard of 2 ft. on the premises located at 8 Blossom Terrace and known on the Tax Assessment Map of the Town of Mama- roneck as Block 403 Parcel 268 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 last appli- cation. APPLICATION NO. 2 - CASE 470 Application of Mr. and Mrs. Gerald Bernstein for modi- fication of Article VI Section 89-32 Subsection B (1 ) "Construction Requirements for an R-15 One Family Resi- dential District" which requires a minimum front setback of 40 ft. so as to allow the construction of a two car garage at the front of the dwelling having a front set- back of 26. 5 ft. from Carleon Avenue on the premises located at 48 Carleon Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 404 Parcel 58 on the grounds of practical difficulty and/or unnec- essary hardship. Dr. Bernstein appeared before the Board and said his practical difficulty was the inadequacy of his present garage. The applicant said the garage is too small for a standard car and he had a problem during the bad wea- ther last winter when he had to go out on calls at dif- ferent times of the night. Mr. and Mrs. Kenneth Jones of 56 Carleon Avenue appeared and Mr. Jones said he had looked at the plan. Mr. Jones, also, said he felt the proposed garage would be incon- sistent with the character of the neighborhood. The Board discussed the application with the possibility of finding an alternative as they felt it was necessary for Dr. Bernstein to have a two car garage. After further discussion the Board voted on the appli- cation and the result was as follows : Commissioner Wassman - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. Gerald Bernstein have submitted an application to the Building Inspec- tor to allow the construction of a two car gar- age at the front of the dwelling having a front setback of 26. 5 ft. from Carleon Avenue 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 Article VI Section 89-32 Subsection B (1 ) "Construction Requirements for an R-15 One Family Residential District" which requires a front setback of 40 ft. on the premises located at 48 Carleon Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 404 Parcel 58; and WHEREAS, Mr. and Mrs. Gerald Bernstein have 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 present garage is too small to handle a standard American car. 2. The applicant has two cars and if one car is in the garage and the second car in the driveway it is im- possible to move the car out of the garage. 3. The applicant is a Physician and frequently has to make calls at odd hours of the night. WHEREAS, this Board has examined the plans, reviewed the application, looked at the property 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 said circumstances and/ or conditions are as follows: 1 . In order to enlarge the existing garage it would require extensive altera- tions to the dwelling and would be very costly. 2. Because of the topography of the lot the proposed location of the new garage will give a most reasonable access to the proposed struc- ture. 3. The proposed plan will conform aesthetically to the present dwelling. 4. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-32 Subsection B (1 ) "Con- struction Requirements for an R-15 One Family Residen- tial District" would deprive the applicant of the reason- able use of the land and/ or building and that the variance as granted by this Board is the minimal adjust- ment that will accomplish this purpose. 5. 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 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 89-32 Sub- section B (1 ) "Construction Requirements for an R-15 One Family Residential District" be varied and modified so as to allow the construc- tion of a two car garage at the front of the dwelling having a front setback of 26.5 ft. from Carleon Avenue on the premises located at 48 Carleon Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 404 Parcel 58 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 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 9:15 P.M. Rita A. Johnson,k444111