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
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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
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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
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