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HomeMy WebLinkAbout1968_04_25 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD APRIL 25, 1968, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER The Chairman called the meeting to order at 8:15 p.m. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. E. Robert Wassman Mr. Henry Mullick Mr. Russell G. Pelton Absent: Mr. Price H. Topping Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of February 28, 1968 were presented and on motion duly made and seconded, ap- proved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Sec- retary presented for the record the affidavit of publication of the notice of hearing. The Chairman requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 284 Application of Mr. Seymour Louis Lubliner for modi- fication of Article IV, Section 410, Schedule of Residence District Regulations for an R-7.5 Residen- tial District and Note "A" of the Zoning Ordinance so as to allow the construction of an addition to the existing dwelling located on a corner lot having a minimum front setback of 25 feet from Bryson Street instead of the required minimum front setback of 30 feet on the premises located at 132 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Parcel 37 on the grounds of practical difficulty and/or unnecessary hardship. This application was a rehearing of Case 280 and had been postponed in January and March because a quorum would not be present. Mr. Edward F. X. Ryan of 4 Chatsworth Avenue, Larch- wont, an Attorney, represented Mr. Lubliner. Mr. Lubliner had amended his application regarding the reasons for requesting the variance. In the amended application the applicant stated that his father and mother now reside with him and use the room they want to enlarge for sleeping. Because the present room is not heated most of the time the parents have to crowd in with the three children. It was pointed out that the existing house is now in violation regarding the rear yard setback as the house was built prior to the present Zoning Regula- tions. Mr. Ryan pointed out that the proposed addi- tion at one side would have a front setback of 26± instead of the 25 feet stated in the application. Mr. Ryan stated that in the previous application it had been pointed out that the existing room was too small and was not heated but it had not been brought to the attention of the Board that Mr. Lubliner's parents for the past two years had been residing with the applicant. Mr. Lubliner said that the room was to be used as a family room as well as a bedroom for his mother and father. The Board pointed out that the room pre- sently is approximately 9'6" x 14' and is too small for a double bedroom or family room. The applicant stated that he had spoken to Mr. Luckie of 135 North Chatsworth Avenue, who lives across the street, and Mr. Wallace Meyer of 6 Bryson Street whose house is in the rear. They both were in favor of the application. Mr. Lubliner said that he had contacted Consolidated Edison Co. and Mr. Ryan read the letter stating that it would cost approximately $130. to heat the room in its present condition. It was also pointed out that the addition would not change the character of the neighborhood. After further discussion the Board recessed to review the application. When they returned a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Nay Commissioner Mullick - Aye Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Seymour Louis Lubliner has submitted an application for a building permit to the Building Inspector for the construction of an addition to the exist- ing dwelling 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 Ordinance of the Town of Mama- roneck with particular reference to Article IV, Section 410, Schedule of Residence District Regulations for an R-7.5 Residen- tial District and Note "A" of the Zoning Ordinance which requires on a corner lot a front setback of 30 feet from both streets on the premises located at 132 North Chats- worth Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 113 Parcel 37; and WHEREAS, Mr. Seymour Louis Lubliner has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. The existing room is not heated and is too small. 2. Due to the fact that there is no basement under the exist- ing room in order to furnish heat it is necessary to raise the floor- ing to allow ducts to be placed underneath. This would require the roof to be raised to provide ceiling height. 3. They would be unable to build on any other part of the house without violating area Zoning Requirements and infringing on their neighbor's property. 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 grants the ap- plication on the following grounds: (a) That there are special cir- cumstances and conditions apply- ing to the land and/or building for which a variance is sought, which circumstances and/or con- ditions are peculiar to such land and/or buildings and do not apply generally to the land and/or build- ings in the district, and which `/11 7 circumstances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. The applicant would be unable to build on any other part of the house without vio- lating the area require- ments of the Zoning Ordinance and infring- ing on his neighbor's property. 2. The addition will create a more suitable room to be used as a family room during the day and a bedroom at night for Mr. Lub- liner's parents. 3. That said circum- stances or conditions are such that the par- ticular application of the Ordinance with respect to Article IV, Section 410 would de- prive the applicant of the reasonable use of such land and/or building and that for these reasons the grant- ing of the variance is necessary for the reasonable use of the land and/or building and that the variance as granted by this Board is the minimum adjustment that will accomplish this pur- pose. (c) That the granting of this variance 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 be varied and modified so as to allow the construction of an ad- dition to the existing dwelling located at 132 North Chatsworth Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Parcel 37 in strict conformance with the plans filed with this application and amended, 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 build- ing permit shall be void if construction is not started 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 9:15 p.m. Rita A. Johnson, Secretary 1