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HomeMy WebLinkAbout1974_09_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD SEPTEMBER 25, 1974, IN THE COUNCIL ROOM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD 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. Richard F. Eggers , Chairman Mr. E. Robert Wassman Mr. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Absent: Mr. Andrew W. Boraczek Also present: Mr. William Paonessa , Building Inspector APPROVAL OF MINUTES The minutes of the meeting of August 28, 1974 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. Eggers asked the Secretary to read the second appli- cation as Mr. Carr the first applicant had not appeared. APPLICATION NO. 2 - CASE 411 Application of Mr. Patrick Gardner for modification of Article IV Section 410 Schedule of Residence District Regulations for an R-7. 5 Residential District to allow the construction of a second story addition at the rear of the dwelling having a rear yard of 15 ft. more or less instead of the minimum required rear yard of 25 ft. on the premises located at 7 Huguenot Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 129 Parcel 80 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. and Mrs. Gardner and the builder, Mr. Fante, appeared before the Board and Mr. Gardner stated that the proposed addition will replace a metal enclosed porch. The pre- sent porch is only 9 ft. from his neighbor' s property and both the applicant and his neighbor agree that the metal porch is an eyesore. Mr• Gardner said that they had decided to remove the porch and add a second story over the existing one story struc- ture. The applicant said that instead of the unsightly metal they wanted to conform with the existing slate roof and stucco. It was pointed out that the house had been built under the old zoning and the addition will not en- croach any further. Mr. Gardner gave the Secretary a letter from Mr. Daniel Brachfeld of 8 Normandy Road, who is the only property owner directly affected by the addition. Mr. Brachfeld said he had discussed the application with Mr. Gardner and looked over the plan and was completely in accord with what the applicant was proposing to do. A letter had been received from Mr. James P. Murtagh of 9 Huguenot Drive stating that he had no objection to the application. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore approved and the following Resolution duly adopted: WHEREAS , Mr. Patrick Gardner has submitted an application to the Building Inspector to allow the construction of a second story addition at the rear of the dwelling having a minimum rear yard of 15 ft. more or less 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 IV Section 410 Schedule of Residence District Regulations for an R-7.5 Residential District which requires a minimum rear yard of 25 ft. on the premises located at 7 Huguenot Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 129 Parcel 50; and WHEREAS, Mr. Patrick Gardner has submitted to this Board an application for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons : 1 . The addition will replace an un- sightly metal enclosed porch. 2. The addition will not encroach any further than at present. 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/ or conditions are as follows : 1 . The proposed addition will not encroach any fur- ther than the existing build- ing. 2. The removal of the metal porch will create a larger rear yard. 3. The addition will be an improvement and will conform to the existing structure. (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 IV Section 410 Schedule of Residence District Regulations for an R-7. 5 Residential District so as to allow the construction of a second story addition at the rear of the dwelling having a minimum rear yard of 15 ft. more or less on the premises located at 7 Huguenot Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 129 Parcel 50 in strict conformance with the plans filed with this application provided that the appli- cant 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 first ap- plication. APPLICATION NO. 1 - CASE 410 Application of Mr. Stephen K. Carr for modification of Article IV Section 410 Schedule of Permitted Accessory Uses in a Residential District so as to allow the install- ation of an above ground family swimming pool having a rear yard of 10 ft. instead of the minimum required rear yard of 20 ft. and a separation distance of 10 ft. instead of the minimum required 15 ft. on the premises located at 9 Myrtle Boulevard and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 216 Parcel 535 on the grounds of practical difficulty and/or unnec- essary hardship. Mr. Carr presented his application to the Board and stated he wanted the pool for the use of his family. The ap- plicant said that there was a ten foot drop in his side yard and because of the topography of the lot the pro- posed location was the most logical . It was pointed out that the area where the proposed pool was to be lo- cated was semi-enclosed and would also provide the most amount of sunlight. The Chairman asked the applicant what door would be used to go through to the pool area and Mr. Carr said they would use the side door through the kitchen. Mr. Eggers told the applicant it would be necessary to provide a gate that was self-closing for the entrance to the pool . The Chairman suggested that Mr. Carr discuss the required fencing with Mr. Paonessa before the pool is installed. After further discussion a vote was taken on the appli- cation and the result was as follows : Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Hardesty - Aye Commissioner Bodkin - Aye The application was therefore granted and the following Resolution duly adopted: WHEREAS, Mr. Stephen K. Carr has submitted an application for a building permit to the Build- ing Inspector to allow the installation of an above ground family swimming pool having a rear yard of 10 ft. and a separation distance of 10 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 IV Section 410 Schedule of Permitted Accessory Uses in a Resi- dential District which requires a rear yard of 20 ft. and a separation distance of 15 ft. on the premises located at 9 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 216 Parcel 535; and WHEREAS, Mr. Stephen K. Carr has submitted to this Board an application for a variance on the ground of practical difficulty and/or un- necessary hardship for the following reasons : 1 . That the location of the proposed pool is the only level yard area on the property. 2. That the rear yard is semi-enclosed with an existing fence. 3. That the proposed location would provide the most amount of sunlight. WHEREAS, this Board has examined the plans , reviewed the application and has heard all per- sons interested in this application after pub- lication of the 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 : '11 _ I 1 . Due to the topography of the lot which slopes off the proposed location is best suited for the pool . (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 IV Section 410 Schedule of Permitted Accessory Uses in a Residential District of the Zoning Ordinance so as to allow the installation of an above ground swimming pool having a rear yard of 10 ft. and a separation distance of 10 ft. on the premises located at 9 Myrtle Boule- vard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 216 Parcel 535 in strict conformance with the plans filed with this application provided that the appli- cant 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 meeting it was adjourned at 8:45 P.M. C/Cr (( • *f-4....L. % Rita A. Johnson, Secretary