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.
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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
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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.
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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
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