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HomeMy WebLinkAbout1976_09_22 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD SEPTEMBER 22, 1976, IN THE COURT HOUSE, 1201 PALMER AVENUE , TOWN OF MAMARONECK. LARCHMONT, NEW YORK. CALL TO ORDER In the absence of the Chairman, Mr. E. Robert Wassman, the meeting was called to order by the Acting Chairman , Mr. Boraczek at 8:15 P.M. ROLL CALL Present: Mr. Andrew W. Boraczek, Acting Chairman Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Absent: Mr. E. Robert Wassman Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector 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 applicant that because only three members were present the application would have to be approved unanimously and if he wished he could have his application heard at a future meeting without penalty. Mr. Friedman said he wanted to have his application heard at this meeting. The Secretary was asked to read the application. APPLICATION NO. 1 - CASE 449 Application of Mr. Marvin Friedman for modification of Article VI Section 34 Subsection B (2) "Construction Req- uirements for an R-7.5 Residential District" which requires a minimum side yard of 10 ft. so as to allow the addition to the rear dormer having a side yard of 8. 25 ft. on the premises located at 43 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 263 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. Friedman presented his application to the Board and said they wanted to enlarge the existing bedroom to be used for one of his children. The applicant said they intended to raise the roof in the corner and extend it to make the room square. It was pointed out that the addition would not be extending any further into the side yard than at present. After further discussion a vote was taken on the appli- - cation and the result was as follows: Commissioner Boraczek - Aye Commissioner Bodkin - Aye Commissioner Moore - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS, Mr. Marvin Friedman has submitted an application to the Building Inspector to allow an addition to a rear dormer having a side yard of 8.25 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 34 Subsection B (2) "Construction Requirements for an R-7. 5 Residential District" which requires a minimum side yard of 10 ft. on the premises located at 43 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 263; and WHEREAS, Mr. Marvin Friedman has submitted an application to this Board on the ground of prac- tical difficulty and/or unnecessary hardship for the following reason: 1 . To enlarge the room to provide a reasonable size room for applicant' s child. 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 addition I 4 I will not extend any further into the side yard than at present. 2. The room at present is not large enough to allow for the placement of a bed. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section fa 34 Subsection B (2) "Construc- tion Requirements for an R-7. 5 Residential District" would deprive the applicant 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 neighborhood or other- wise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 34 Subsec- tion B (2) "Construction Requirements for an R-7. 5 Residential District" so as to allow the addition to the rear dormer having a side yard of 8.25 ft. on the premises located at 43 Vine Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 263 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; and be it 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; and be it FURTHER RESOLVED, that this decision be filed \i J1 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 8:35 P.M. i L,c .a-/�- Rita A. Johnson Secretary 11