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HomeMy WebLinkAbout1969_08_27 Zoning Board of Appeals Minutes • MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD AUGUST 27, 1969, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. 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. Henry Mullick Mr. Russell G. Pelton Absent: Mr. Price H. Topping APPROVAL OF MINUTES The minutes of the meeting of July 2, 1969 and July 23, 1969 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 315 Application of Mr. Robert L. Conkling for modifica- tion of Article IV Section 410 Schedule of Residence District Regulations for an R-10 Residential District of the Zoning Ordinance so as to allow the construc- tion of a one story addition over existing garage maintaining a side yard of 6'1" instead of the mini- mum required side yard of 10 feet on the premises located at 130 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Parcel 261 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Conkling appeared before the Board and stated that they had lived in the house since June 1954. The applicant said that at the time they purchased the house they had three sons but the family has increased and they now have five sons and a daughter. Mr. Conkling said that the house presently has three bedrooms and with the increased size of the family they find it necessary to add an additional bedroom. joc Mr. Conkling, also, said that he had consulted an Architect and he had suggested putting the addition over the garage as the most feasible and reasonable. The applicant stated that at present there is a win- dow at the head of the stairs which when removed will provide a doorway into the new addition and this location would also be accessible to the bath- room at the head of the stairs. The applicant, also, said that his property is small and this is the most logical location for the addition. It was pointed out that the house presently is non- conforming and the addition will not encroach any further than it is at present. It was, also, pointed out that the roof is sloped and with the new addition the roof will be only four feet higher. The Chairman stated that he had received a call from Mrs. Quinn of 128 East Garden Road who is the closest neighbor to Mr. Conkling and is presently out of Town. Mr. Eggers said that Mrs. Quinn stated that she had not seen the plan as she has been away for several months. Mrs. Quinn was concerned because of the closesness of the windows at present and whether there would be additional windows in the new room. It was pointed out that the two windows that already exist will be cut out and the new construction pro- vides for a louver. The Chairman suggested that Mr. Conkling show Mrs. Quinn a copy of the plan when she returns over the weekend. After a short discussion a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Robert L. Conkling has sub- mitted an application for a building per- mit to the Building Inspector for the con- struction of a one story addition over the existing garage 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 Dis- trict Regulations for an R-10 Residential District of the Zoning Ordinance which /o � I requires a side yard of 10 feet on the pre- mises located at 130 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Parcel 261; and WHEREAS, Mr. Robert L. Conkling 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. Because of the increase in the size of the family it is necessary to have another bed- room. 2. The proposed addition is most logical and will not extend any closer to the property line than the existing. 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 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 Zon- ing Regulations appealed from. (b) That the aforesaid circum- stances and/or conditions are as follows: 1. The proposed addi- tion will not encroach any closer to the pro- perty line than it is now existing. 2. Because of the in- a �Y crease in the size of the family it is nec- essary to have another bedroom. 3. The applicant's lot is small and this is the most logical location for the addi- tion. 4. 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 the variance as granted by this Board is the minimum adjustment that will accomplish this purpose. (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 Schedule of Residence Dis- trict Regulations for an R-10 Residential District of the Zoning Ordinance so as to allow the construction of a one story addition over the existing garage maintain- ing a side yard of 6'1" instead of the minimum required side yard of 10 feet on the premises located at 130 East Garden Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Parcel 261 in strict conformance with 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. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning /0 S-3 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 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. CASE 314 - MR. EDWARD J. SPELLMAN Members of the Board had all been sent a copy of a letter addressed to Mr. Richard F. Eggers from Mr. John F. Bianchi, an Attorney, with the firm of McCarthy, Fingar, Gaynor, Sullivan & Donovan of 175 Main Street, White Plains, New York, representing Mr. Edward J. Spellman, whose application had been denied at the ZoningBoard meeting held July 23, 1969. Because only four members had been present at this meeting and the vote on the application was deadlocked two to two the applicants were requesting a rehearing of the application. After a short discussion the Board decided that Mr. Eggers would write to Mr. Spellman's .Attorney advis- ing him that the Board would consider a rehearing at such time as there would be a full board (five members) present. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 8:45 P.M. /64- ..,----- i''' , Rita A. Joh on, Secretary _ ( o� `�