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HomeMy WebLinkAbout1966_04_27 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD APRIL 27, 1966, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER Mr. Wassman, acting as Chairman in the absence of Mr. Bierman called the meeting to order at 8:00 p.m. ROLL CALL Present: Mr. Richard Eggers Mr. E. Robert Wassman Mr. Henry Mullick Mr. Price H. Topping Absent: Mr. Sydney D. Bierman Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of March 23, 1966 were presented and on motion duly made and seconded, approved 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 236 Application of Aloise X. Golly for modification of Article IV, Section 410, Schedule of Residence Dis- trict Regulations for an R-10 Residential District of the Zoning Ordinance so as to allow the construc- tion of a second story to the existing dwelling having a side yard of 7.83 feet instead of the re- quired 10.00 feet on the premises located at 62 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223, Parcel 141 on the grounds of practical difficulty and/or unnec- essary hardship. Mr. Aloise X. Golly, the applicant presented to the Board a letter he had received from Mr. Henry Von Holt, of 66 Holly Place, who owns the adjoining property, a portion of which Mr. Golly said he tried to buy from Mr. Von Holt. Mr. Von Holt stated in his letter that he had no objection to Mr. Golly adding a second story to his present one story dwelling. The following neighbors appeared in support of Mr. Golly's application: Mr. and Mrs. Harold Mangels, 56 Holly Place, Larchmont, New York Mr. Frank Levitan 4 Crest Avenue, Larchmont, New York Mr. Don MacMannis 68 Holly Place, Larchmont, New York Mr. Philip Stein 58 Holly Place, Larchmont, New York Mr. Golly stated that he had hired an architect to draw up plans for the addition to the house to add extra room to the present structure which only con- tained 2 bedrooms. Of the three drawings prepared by Mr. Peter J. Moore, the applicant had preferred the elevations as shown on plan No. 3. It was pointed out that the house was built in 1926 or 1927 before the present Zoning laws. At that time the Zoning law required only 6 foot side yards. Mr. Golly also pointed out that the proposed second story addition would not encroach any further than the existing dwelling does now. Members of the Board had inspected the property. A vote was taken on the application and the result was as follows: Commissioner Wassman - Aye Commissioner Eggers - Aye Commissioner Mullick - Aye Commissioner Topping - Aye The application was therefore conditionally granted and the following resolution duly adopted: WHEREAS, Aloise X. Golly has submitted an application for a building permit to the Building Inspector for the construc- tion of a second story to the existing dwelling together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the ground that the plans submitted failed to comply with the Zoning Ordinance of the Town of Mam- aroneck, with particular reference to Ar- ticle IV, Section 410, Schedule of Resi- dence District Regulations for an R-10 Residential District of the Zoning Ordi- nance, which provides for a side yard of 10.00 feet, on the premises located at 62 Holly Place and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 223, Parcel 141; and WHEREAS, Aloise X. Golly has submitted to this Board an application on the ground of practical difficulty and/or unnecessary hardship for the following reason: To allow the construction of a second story to the existing dwelling on a lot having a side yard of 7.83 feet instead of the required 10.00 feet. WHEREAS, this Board has examined the plans and also viewed the property 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 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 building and do not apply generally to the land and/ or buildings in the district, and which circumstances and con- ditions have not resulted from any acts of the applicant sub- sequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. Addition would not encroach any fur- ther into the exist- ing side yard. 2. Addition will per- mit the applicant to remain in present neigh- borhood by providing additional rooms for 4 children. 7o 3. That said circum- stances and/or condi- tions are such that the particular appli- cation of the Ordi- nance with respect to Article IV, Sec- tion 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 re- asonable 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 addi- tion to the existing dwelling, having a side yard of 7.83 feet instead of the re- quired 10.00 feet on the premises located at 62 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223, Parcel 141, in strict con- formance with the plans filed with this application and amended, provided that the applicant complies in all other re- spects with the Zoning Ordinance and Build- ing Code of the Town of Mamaroneck. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Board 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. A build- ing permit shall be void if construction is not started within six months and com- pleted within two years of the date of said permit. 7S 1 1rFURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. The Chairman requested the Secretary to read the second application. APPLICATION NO. 2 - CASE 237 Application of Robert Kuntz for modification of Article IV, Section 410, Schedule of Residence Dis- trict Regulations for an R-10 Residential District of the Zoning Ordinance so as to allow the construc- tion of a porch at the rear of a dwelling having a rear yard of 22'0" instead of the required 25'0" on the premises located at 44 Eton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 680 on the grounds of practical difficulty and/or unnecessary hardship. The applicant appeared before the Board and stated that the addition of the new screened porch would enable him to alter the existing porch to make a family room. The present family room could then be made into a bedroom for his two sons. In order to get full use from the proposed new porch it is necessary to locate the new porch at the rear of t .09 the dwelling so that the existing rear entry to the house can be used and combined for the rear entry to the porch. This is due to the topographi- cal condition of the lot which slopes off steeply at the rear of the dwelling and would require addi- tional steps should the porch have to be located in any other location. Notices were sent to all adjoining property owners and no one appeared in objection or was there any correspondence. No change would be made in the side yard. The plan for enclosing the existing porch and building a new screened porch was drawn up by Mr. Elman Meurer. Members of the Board had inspected the property. A vote was taken on the application and the result was as follows: Commissioner Wassman - Aye Commissioner Eggers - Aye Commissioner Mullick - Aye Commissioner Topping - Aye in The application was therefore conditionally granted and the following resolution duly adopted: WHEREAS, Robert Kuntz has submitted an r 7 S / application for a building permit to the Building Inspector for the construction of a porch to the existing dwelling to- gether 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 Mamar- oneck with particular reference to Article IV, Section 410, Schedule of Residence Dis- trict Regulations for an R-10 Residential District of the Zoning Ordinance, which provides for a rear yard of 25'0", on the premises located at 44 Eton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 680; and WHEREAS, Robert Kuntz has submitted to this Board an application on the ground of prac- tical difficulty and/or unnecessary hard- ship for the following reason: To allow the construction of a porch at the rear of a dwelling having a rear yard of 22'0" in- stead of the required 25'0". WHEREAS, this Board has examined the plans and also viewed the property 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 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 building and do not apply generally to the land and/ or buildings in the district, and which circumstances and con- ditions have not resulted from any acts of the applicant sub- sequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 7s 3 1. Living area at present house is too small for family needs and proposed addition would add another room to present dwelling. 2. That said circum- stances and/or condi- tions are such that the particular appli- cation of the Ordin- ance with respect to Article IV, Section 410 would deprive the applicant of the rea- sonable use of such land and/or building and that for these re- asons the granting of the variance is nece- ssary for the reason- able use of the land and/or building and that the variance as granted by this Board is the minimum adjust- ment that will accom- plish this purpose. 3. That it is necessary to locate the new porch at the rear of the dwell- ing so that the existing porch entry to the house can be used and combined for the rear entry to the porch. This is due to the topographical condition of the lot which slopes off steeply at the rear of the dwell- ing and would require additional steps should the porch have to be located in any other location. (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 7 c `F FURTHER RESOLVED, that a variance is hereby granted to the applicant and Article IV, Section 410 be varied and modified so as to allow the construction of a porch to the existing dwelling, having a rear yard of 22'0" instead of the required 25'0" on the premises located at 44 Eton Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 680 in strict conformance with the plans filed with this•application, and amended, provided that the applicant complies in all other respects with the Zoning Ordi- nance and Building Code of the Town of Mamaroneck. 4 FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Board 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. A build- ing permit shall be void if construction is not started within six months and com- pleted 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 8:20 p.m. X�' (iiek-ttut--t-A-/ ita A. Johns i Secretary 4111 7 Cr