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HomeMy WebLinkAbout1977_09_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD SEPTEMBER 28, 1977, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER In the absence of the Chairman, 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. Egbert R. Hardesty Mr. Lawrence G. Bodkin, Jr. Mr. Peter G. Moore Absent: Mr. E. Robert Wassman Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of August 31 , 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. APPLICATION NO. 1 - CASE 466 Application of Mr. Fred Berk for modification of Article VI Section 89-35 Subsection B (3) "Construction Require- ments for an R-6 One Family Residential District" which requires a minimum rear yard of 25 ft. so as to allow the construction of a wood deck at the rear of the dwell- ing having a rear yard of 20'+ on the premises located at 7 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 216 on the grounds of practical difficulty and/or unneces- sary hardship. Mr. Berk presented his application to the Board and said that at the time the dwelling was built about 50 years ago there was no outdoor feeling to the house. The ap- plicant said that the proposed deck would provide the only useful outdoor space and that they were knocking down some of the living room wall to add larger windows with a door leading to the deck. Mr. Berk stated that they were also removing the old stairway and replacing it with a new one. The Board questioned as to how high above the ground the deck would be and it was decided it was one story g'71 above the ground with a fence around the deck. 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 Commissioner Moore - Aye The application was therefore approved and the follow- ing Resolution adopted: WHEREAS, Mr. Fred Berk has submitted an appli- cation to the Building Inspector to allow the construction of a wood deck at the rear of the dwelling having a rear yard of 20'+ 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 89-35 Subsection B (3) "Construction Requirements for an R-6 One Family Residential District" which requires a rear yard of 25 ft. on the premises located at 7 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 122 Parcel 216; and WHEREAS, Mr. Fred Berk has submitted an appli- cation to this Board for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1 . The existing zoning would limit the size of the deck to only 7 ft. which is not a useful size. 2. Existing rear yard is sloped and the proposed deck will provide the only useful outdoor space. 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 for which a variance is sought, which circumstances and/or conditions have not resulted from any acts of the applicant subsequent to the ci/A date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows : 1 . The proposed deck will provide an outdoor living space. 2. Because of the topography of the lot the deck cannot be located in any other area. 3. The proposed deck will not encroach on the side any further than the present structure. 4. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-35 Subsection B (3) "Con- struction Requirements for an R-6 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 a 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 pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-35 Sub- section B (3) "Construction Requirements for an R-6 One Family Residential District" be varied and modified so as to allow the construc- tion of a wood deck at the rear of the dwell- ing having a rear yard of 20'+ on the premises located at 7 Maple Hill Drive and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 122 Parcel 216 in strict con- formance with plans filed with this applica- tion 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 second ap- plication. APPLICATION NO. 2 - CASE 467 Application of Mr. Thomas Sofia for modification of Ar- ticle 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 Mama- roneck as Block 403 Parcel 268 on the grounds of prac- tical difficulty and/or unnecessary hardship. Mr. Sofia was not present but was represented by his son, Mr. John Blume of 100 Bradford Street, Harrison, New York. Mr. Blume said he and his mother, Mrs. Sofia were expecting the Contractor to appear and the Chair- man suggested the application could be heard later if Mr. Blume was agreeable. After the last application was heard and the Contractor still had not appeared the Chairman asked if the appli - cant wanted to postpone the application till the next meeting to be held in October. Mr. Blume agreed to post- pone the application. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 3 - CASE 468 Application of Mrs. Rose Kiss for modification of Article VIII Section 89-44 Subsection D "Walls and Fences" which restricts the height of a fence in a residential district to 4 ft. so as to allow the construction of 145 lin. ft. of 5'8" fence along a portion of the rear and side lot lines on the premises located at 15 Lundy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Parcel 99 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Kiss was represented by Mr. William Maker, Jr. , an Attorney of 271 North Avenue, New Rochelle. Mr. Maker said because of the unusual shape of the lot Mrs. Kiss's back yard was very small and they wanted the fence for privacy. Mr. Maker pointed out that the location of the proposed fence where the height would be 5'8" would not be as noticeable as in the front of the house where they proposed placing a 4 ft. fence. Mr. Maker said they felt the fence would enhance the neighborhood. The Board questioned as to Mrs. Kiss ' s previous applica- tion of July and Mr. Bodkin asked what the change was in the new application. It was pointed out that the fence was changed from 6 ft. to 5'8" and members of the Board said that when the previous application was presented the applicant had mentioned the protection of the neigh- borhood children from Mrs. Kiss 's dog. Mr. Maker presented the Board with a copy of a letter signed by 14 neighbors, the original of which Mrs. Kiss had given to the Secretary the day before. All the neigh- bors who had signed the letter agreed they were in favor of Mrs. Kiss ' s application to construct the fence. Mrs. Cirillo of 18 Harrison Drive, who had not signed the letter said she was in favor of the application as she was the closest neighbor involved and wanted the privacy the fence would give. Mrs. Cirillo, also, said she wanted to be able to leave her children outside. Mr. Alex Kreger, 20 Harrison Drive, who signed the letter said he had changed his mind and was opposed to the fence. Mr. Kreger said he thought the fence would cause more water to enter his yard. Mrs. Kreger said she had signed the petition because she thought it would stop the dog from barking but now she did not know whether if Mrs. Kiss is allowed the fence she intends to keep the dog in the cage or whether he would be allowed the run of the yard. The Board pointed out that if Mrs. Kiss is going to allow the dog to run loose a German shephard could go over even an 8 ft. fence. Mrs. James Theoharides of 82 Iselin Terrace said she was in favor of the fence and if the dog was unable to see people he wouldn' t bark. Mr. Maker, in conclusion, said that he still maintained that the fence was for privacy and the dog was a secondary issue. Mr. Maker suggested that if the Board did allow the fence, one of the conditions could be that the dog be caged. After further discussion the Board voted on the applica- tion and the result was as follows : s?j ' I Commissioner Boraczek - Nay Commissioner Hardesty - Aye Commissioner Bodkin - Nay Commissioner Moore - Nay The application was therefore denied and the following Resolution adopted: WHEREAS, Mrs. Rose Kiss has submitted an appli- cation to the Building Inspector to allow the construction of 145 lin. ft. of 5'8" fence along a portion of the rear and side lot lines 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 VIII Section 89-44 Subsection D "Walls and Fences" which restricts the height of fences in a residential district to 4 ft. on the premises located at 15 Lundy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 502 Par- cel 99; and WHEREAS, Mrs. Rose Kiss 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 . Because the applicant's lot is only 10 ft. in the rear yard and the houses are close the fence would give privacy. 2. The construction of the fence is sought for the protection of the small children in the neighborhood. WHEREAS, this Board has examined the plans re- viewed the application and has heard all per- sons interested in this application after publi- cation of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board denied the application on the following grounds : 1 . That there were no special cir- cumstances 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. /g76 2. The facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive the applicant of the reason- able use of the land. 3. 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 fourth ap- plication. APPLICATION NO. 4 - CASE 469 Application of Mr. and Mrs. Leonard Goldreyer for modi- fication of Article VI Section 89-34 Subsection B (1 ) & (2) "Construction Requirements for an R-7.5 Residen- tial District" which requires a minimum setback of 30 ft. from street line and a minimum side yard of 10 ft. so as to allow the construction of a wood deck at the rear of the dwelling having a front setback of 27 ft. from Campbell Lane and a side yard setback of 8 ft. on the premises located at 9 Villa Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 238 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Goldreyer presented his application to the Board and said that at present they have an unusable back yard due to the fact that the driveway is at the rear of the house. The applicant said that because the lot runs through to Campbell Lane they need 30 ft. from the street line and on the side lot line the deck itself will be 11 ft. from the lot line but the support for the deck would be 8 ft. It was pointed out that the house was built under the previous zoning and is non-conforming as far as the side lot line. 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 Commissioner Moore - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. Leonard Goldreyer have submitted an application to the Building Inspec- tor to allow the construction of a wood deck at the rear of the dwelling having a front set- back of 27 ft. from Campbell Lane and a side yard setback of 8 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 Article VI Section 89-34 Subsection B (1 ) & (2) "Con- struction Requirements for an R-7.5 Residential District" which requires a front setback of 30 ft. from street line and a side yard of 10 ft. on the premises located at 9 Villa Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110 Parcel 238; and WHEREAS, Mr. and Mrs. Leonard Goldreyer 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 proposed deck will provide a back yard living space which is presently lacking because the drive- way is at the rear of the house. 2. The deck will not extend into the side yard as far as the present structure. 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 deck will provide a back yard living space for the applicant's family. 2. The proposed deck will not extend into the side yard any further than the present structure. 3. Because the lot runs through to Campbell Lane a 30 ft. front line is re- quired on both streets. 4. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-34 Subsection B (1 ) & (2) "Construction Require- ments for an R-7.5 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 89-34 Sub- section B (1 ) &(2) "Construction Requirements for an R-7.5 Residential District" be varied and modified so as to allow the construction of a wood deck at the rear of the dwelling having a front setback of 27 ft. from Campbell Lane and a side yard setback of 8 ft. on the premises located at 9 Villa Lane and known on the Tax Assessment Map of the Town of Mama- roneck as Block 110 Parcel 238 in strict con- formance with plans filed with this applica- tion 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. 5 - CASE 470 Application of Mr. and Mrs. Gerald Bernstein for modifi- cation of Article VI Section 89-32 Subsection B (1 ) "Con- struction Requirements for an R-15 One Family Residential 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 setback of 26.5 ft. from Carleon Avenue 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 on the grounds of practical difficulty and/or unnecessary hard- ship. Dr. Bernstein presented his application to the Board and said that frequently he has to make emergency calls at • all hours of the night. The applicant said his present garage is too small to handle a standard American car and they own two cars. Dr. Bernstein further said that last winter' s extreme icy weather created great hardship when he had to leave for an emergency in the middle of the night and that they had considered other alternatives. The applicant stated that if they added on to the east wall of the present building they would still need a vari- ance and would impose on the front view of their neigh- bor' s home. Dr. Bernstein, also, said they had attempted to purchase property on Devon Road to gain access to the rear of the property for a driveway and garage but the owner did not want to sell . Mr. Bodkin asked Dr. Bernstein why he could not put the garage at the rear of the property. Dr. Bernstein said because of the topography of the lot there would not be enough room in the back for a turn around and it would require an enormous amount of black top. Mr. Wexler, Dr. Bernstein' s Architect, said the plan they propose will conform to the existing style of the house. Mr. Kenneth Jones of 56 Carleon Avenue said he was not registering any opposition but he had not seen the plan, although his wife had been to the Town Office on Friday when they received the notice, to examine the plan. / lc/- Mr. Boraczek advised the Bernsteirs that all of the mem- bers of the Board present felt the applicants could plan an alternative and suggested that they come back next month with a topographical sketch of the property with proof that nothing could be built at the rear. Dr. Bern- stein agreed to postpone his application until the Octo- ber meeting. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 10:00 P.M. Rita A. Johnson, Secretary