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HomeMy WebLinkAbout1963_12_18 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD DECEMBER 18, 1963, 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 8:00 p.m. . PRESENT: Robert B. White, Acting Chairman Henry E. Mullick Richard Eggers E. Robert Wassman ABSENT: Sydney D. Bierman, Chairman ALSO PRESENT: William Paonessa, Building Inspector MINUTES The minutes of the regular meeting of November 20, 1963 and the special meeting of December 1, 1963 were approved or( ®tion duly made and seconded. HEARING , The Chairman declared the hearing open and the secretary presented the affidavit of publication of the notice of the hearing in the official newspaper of the Town of Mamaroneck, The Daily Times, on December 11, 1963. The Chairman requested the secretary to read the first application. APPLICATION NO. 1 - CASE 173 Application of Hugh McHugh for modification of Article IV, Section 410, Schedule of Residence District Regulations, of the Zoning Ordinance of the Town of Mamaroneck, so as to allow the construction of an addition over the existing terrace and an addition at the rear of the dwelling to be used as an open porch, having a front set back of 21.6-feet, more or less, and a side yard of 6.5-feet, more or less, to the existing dwelling in a R-15 Residence District which requires a minimum set back of: 30-feet and a mini- mum side yard of 10-feet on the premises located at 142 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405, Par- cel 151 on the grounds of practical difficulty and/or unnecessary hardship. For Appellant: John Frazier, Designer 210 Pelham Road New Rochelle, New York Hugh McHugh 142 Palmer Avenue Larchmont, New York In Opposition: None Mr. Frazier, representing Dr. McHugh, appeared and submitted plans for the proposed addition. 506 Dr. McHugh stated he had purchased the house in November 1954 and the pool was built some time during the year 1955. He has one son who has need for a play area and he himself has phlebitis which necessitates his taking exercises in the pool. The Board questioned the necessity for the addition over the existing terrace instead of another location whic h would not violate the zoning laws. Mr. Frazier explained that this was the most logical spot and certainly the least expensive to build since them exists a foundation and floor to build on. He also pointed out that there would be no more land coverage than presently exists on the present lot and that the addition would add livable area to the present house which was more in conformity with the required minimum floor areas in that residential district. Mr. Eggers suggested that muttons be installed in the front windows and also that the spanish tile coping that exists on the present structure be carried over in the same manner on the new addition. Dr. McHugh agreed to this. Mr. White asked Dr. McHugh whether his neighbor, Mrs. S. D. Gershovitz of 140 Palmer Avenue, had objected to him about the proposed addition. Dr. McHugh replied his neighbor had not objected to him personally. After further discussion a vote was taken which resulted as follows: Commissioner White Age Commissioner Mullick Aye Commissioner Eggers Aye Commissioner Wassman Aye The following resolution was adopted: WHEREAS, Hugh McHugh has submitted an application for a building permit to the Building Inspector for the addition to the existing dwelling in a R-15 Residence District, 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 Mamaroneck with particular reference to Section 410 of said Ordinance, which provides for set backs, side yards, plat area, etc. ; and WHEREAS, Hugh McHugh has submitted to this Board an application for a var- iance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Young son should have a suitable place to play and to bring his friends where some check can be made on their activities and where the whole family can relax and play together. 2. Also in enclosing this area in preference to some other space is that Dr. McHugh will be able to take prescribed exercise for phlebitis in his legs in the existing pool during the winter months. 3. Proposed location is the most logical for providing space and the least expensive to build, since existing foundation and floor can be used to build on. WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons interested in this application after publication 507 of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board finds the following: (a) That there are special circumstances and conditions applying to the land and/or building for which a variance is sought, which circumstances and/or conditions 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 conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are as follows: 1. Young child should have a suitable place to play and to bring his friends where some check can be made on their activities and where the whole family can relax and play together. 2. Also in enclosing this area in preference to some other space is that Dr. McHugh will be able to take prescribed exercise for phlebitis in his legs in the existing pool during the winter months. 3. Proposed location is the most logical for providing space and the least expensive to build, since existing foundation and floor can be used to build on. which circumstances and/or conditions are such that the particular application of the Ordinance with respect to Section 410 would de- prive the applicant of the reasonable use of such land and/or building and that for these reasons the granting of the variance is necessary for the reasonable use of the land and/or building and that the variance as granted by the Board is the minimum ad- justment that will accomplish this purpose. (c) That the granting of this variance will be in harmony with the gen- eral 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 addition over the existing terrace and an addition at the rear of the dwelling , having a front set back of 21.6-feet, more or less, and a side yard of 6.5-feet, more or less, to the existing dwelling in a R-15 Residence District, on the premises located at 142 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405, Parcel 151, 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 and subject to the following conditions: 1. That muttons be installed in the front windows. 2. That the spanish tile coping that exists on the present structure be carried over in the same manner on the new addition. 508 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 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 pro- vided in Section 267 of the Town Law. The secretary then read the second application. APPLICATION NO. 2 - CASE 174 Application of Herbert G. Mitchell for modification of Article IV, Section 455.2 of the Zoning Ordiance of the Town of Mamaroneck, Off-steet Parking, so as to allow the construction of an off-street parking area to be located less than the required 25-feet from the front property line and less than the required 5-feet from the easterly side line on the pre- mises located at 92 Hickory Grove Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 217, Parcel 647, on the grounds of practical difficulty and/or unnecessary hardship. For Appellant: Herbert G. Mitchell 92 Hickory Grove Drive Larchmont, New York In Opposition: None Mr. Mitchell appeared and presented plans for the proposed off-street parking area. He told the Board that he had offered to buy the strip along the easterly property line so that he could gain access to the rear of his lot to build a garage and/or park his car at the rear of the lot, but his neighbor did not agree. He had been packing his car in a neigh- bor's garage, but the house has been sold and he no longer has access to said garage. After some discussion by. the Board as to the proper location of the off- street parking area, Mr. Mitchell requested that his application be with- drawn without prejudice so that he could submit a new plan for parking his car along the westerly side of his property and where said location of parking would be further back from the front of the property and which would gain better access to the dwelling. It was pointed out by the Chairman that a new application would have to be filed and the fee for advertising be paid. Mr. Mitchell said,;-ghat he would try to submit this new application for the following meeting after he had secured more information from contrac- tors who would do the job. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:15 p.m. . Genevieve F. Soriano, Secretary 509