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HomeMy WebLinkAbout1968_07_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 24, 1968, IN THE COURT ROOM OF THE TOWN OF MAMARONECK POLICE STATION, 11 EDGEWOOD AVENUE, TOWN OF MAMARONECK. CALL TO ORDER In the absence of Mr. Eggers the meeting was called to order at 8:10 p.m. by the acting Chairman, Mr. E. Robert Wassman. ROLL CALL Present: Mr. E. Robert Wassman, acting Chairman Mr. Henry Mullick Mr. Price H. Topping Mr. Russell G. Pelton Absent: Mr. Richard F. Eggers Also present: Mr. William Paonessa, Building Inspector 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. A letter had been sent to all the Board members from Mr. Peter D'Angelo, General Manager of the Hampshire Country Club requesting a rehearing of their appli- cation at the August meeting. Mr. D'Angelo expects to submit a new application which will show a new design of the course that the proposed 8' fence will run and instead of the original proposal of 2000 running feet it will be shortened to approximately half that figure. A vote was taken and the Board unanimously decided to rehear the application at the meeting of August 28, 1968. The Chairman requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 290 Application of Mr. Joseph Gallagher for modification of Article IV, Section 410 Schedule of Permitted Uses in an R-15 Residential District of the Zoning Ordinance so as to allow the construction of a porch deck having a minimum front setback of approximately 23 feet instead of the minimum required front set- back of 40 feet on the premises located at 8 Sackett • ) 70 Drive and known on the Tax Assessment Map of the ArV Town of Mamaroneck as Block 106 Parcel 260 on the grounds of practical difficulty and/or unnecessary hardship. `i f Mr. Gallagher presented his application to the Board. He stated that they were desirous of extending the C present porch which is 5'x6' to 10'x12' and building a tool shed underneath. The proposed porch would provide an outdoor area for entertaining for Mr. Gallagher and his family and would be on the same level and adjacent to the kitchen. The applicant stated that there was no actual hard- ship involved but the addition would make the house more enjoyable and it would be more convenient to entertain. Mr. Gallagher said that the livable floor of the dwelling was one story above grade and that the proposed porch would create an open deck at the upper story and guests would not have to use the rear steps. The applicant said he did not propose to ever enclose the porch and that this was the only feasible place to build the porch. i It was pointed out that the original house when it was built in 1963 had a variance in regard to the depth of the lot and the setback from Sackett Drive. After further discussion the Board voted on the ap- plication and the result was as follows: Commissioner Wassman - Aye Commissioner Mullick - Nay Commissioner Topping - Nay Commissioner Pelton - Aye The application was therefore denied and the follow- ing Resolution duly adopted: WHEREAS, Mr. Joseph Gallagher has submitted an application to the Building Inspector for the construction of a porch deck 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 Mama- roneck with particular reference to Article IV, Section 410 Schedule of Permitted Uses in an R-15 Residential District of the Zoning Ordinance which provides for a mini- mum front setback of 40 feet on the pre- mises located at 8 Sackett Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 106 Parcel 260; and WHEREAS, Mr. Joseph Gallagher has submitted an application for a variance for the fol- lowing reasons: 1. Proposed deck will provide an outdoor area for entertain- ment and family use on the same level and adjacent to the kitchen. 2. It will also be possible to construct a tool shed under- neath the porch which will be less conspicuous in this parti- cular place. 3. Proposed addition to porch will have a front setback of 23 feet instead of the required front setback of 40 feet. WHEREAS, this Board has examined the plans and has heard all persons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board denied the ap- plication on the following grounds: 1. That there are no special circumstances or conditions ap- plying to the land for which the variance is sought which circumstances or conditions are peculiar to such land and which do not apply generally to land in the district. 2. That the facts and circum- stances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land. 3. That the granting of the variance would not be in harmony with the general purposes and intent of this Ordinance and would be injurious to the neigh- borhood and detrimental to the public welfare. FURTHER 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 291 Application of Mr. Donald R. MacMannis for modifi- cation of Article IV, Section 410 Schedule of Resi- dence District Regulations for an R-10 Residential District of the Zoning Ordinance so as to allow the construction of an addition to the rear of the exist- ing dwelling having a minimum side yard of 6.2 feet instead of the minimum required side yard of 10 feet on the premises located at 68 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 124 on the grounds of practical difficulty and/or unnecessary hardship. Mr. MacMannis presented his application to the Board and stated he had been turned down by the Board in November 1966 for a variance for an addition to ex- tend the garage at the front of the house. At that time the Board had suggested the applicant consider building the addition at the rear of the dwelling and his present application is for an addition to the rear of the dwelling. Mr. McMannis said he wanted the addition to extend his garage so he could get two cars off the street. The applicant stated that at present he is only able to get one car in the garage and the garage is pre- sently 31' on the outside and approximately 29' on the inside. Mr. MacMannis, also, stated that he felt the proposed addition was aesthetically best and would make the rear of the house look uniform. It was pointed out that the side yard is already non-conforming and the addition would be an exten- sion of the side yard of 6.2 feet. It was, also, pointed out that the addition will not extend beyond the present dwelling. After further discussion a vote was taken on the application and the result was as follows: Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Topping - Aye Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Donald R. MacMannis has sub- mitted an application to the Building In- spector for a building permit for the con- struction of an addition to the rear of the existing 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 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 minimum side yard of 10 feet on the premises located at 68 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 124; and WHEREAS, Mr. Donald R. MacMannis has sub- mitted to this Board an application for a variance on the ground of practical dif- ficulty and/or unnecessary hardship for the following reasons: 1. Former variance to extend the garage at the front of the dwelling was denied. 2. To allow the applicant to extend his present garage so that he would be able to park two cars instead of one. 3. Proposed addition at rear of dwelling would cover exist- ing foundation walls and enhance the appearance of the rear of the dwelling. WHEREAS, this Board has examined the plan, 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 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 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. That additional garage space was nec- essary. 2. The addition will not extend into the side yard any further than the present build- ing. 3. The proposed addi- tion would create a more desirable rear view of the dwelling. 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 deprive 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 rear of the existing dwell- ing on the premises located at 68 Holly Place and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 124 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. 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. The Chairman requested the Secretary to read the next application. APPLICATION NO. 3 - CASE 292 Application of Mr. T. E. O'Brien for modification of Article IV, Section 410 Note "A" Schedule of Res- idence District Regulations and Article IV Section 410 Schedule of Permitted Uses for an R-10 Residen- tial District for the extension of the existing gar- age having a minimum front setback of 26.5 feet from Orchard Road instead of the minimum required front setback of 30 feet and for the enclosure of the exist- ing screen porch at the rear of the garage having a minimum side yard of 5.6 feet instead of the min- imum required side yard of 10 feet on the premises located at 45 Fernwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 501 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Thomas J. Mannino of 11-2 Westview Avenue, White Plains, New York, an architect, represented Mr. T. E. O'Brien. Mr. Mannino stated that the owner had only intended to repair the garage but found that the garage was in such a serious state of dry rot. The applicants want to rebuild the garage and because of the size of the present automobiles they want to make the garage deeper. When the house was originally built in 1925 a var- iance was obtained for a front setback of 28.6 feet instead of the required 30 feet setback. The house was built facing Orchard Road with a setback of 26.8 feet. The Board discussed as to whether they had the legal right to hear the case because of the non- conformity. The applicants also want to enclose the existing screen porch which is at the rear of the garage to make a family room for year round use. According to the plan prepared by Mr. Mannino the floor of the screen porch will be raised and the addition ct 77 will have a uniform roof height and aesthetically will make the property much more attractive than it is now. Mr. Mannino presented the Board with a petition signed by nineteen (19) of the surrounding property owners approving the application. After further discussion the Chairman asked for a short recess to discuss the application. When the Board returned a vote was taken on the appli- cation and the result was as follows: Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Topping - Aye Commissioner Pelton - Aye The Chairman stated that the application was approved subject to the review of the Town Attorney and his opinion as to whether or not the Board had the right to hear the case. The following Resolution was duly adopted: WHEREAS, Mr. T. E. O'Brien has submitted an application for a building permit to the Building Inspector for the extension of the existing garage and for the enclo- sure of the existing screen porch at the rear of the 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 Note "A" Schedule of Resi- dence District Regulations which require a minimum front setback of 30 feet and Article IV Section 410 Schedule of Per- mitted Uses for an R-10 Residential Dis- trict which requires a minimum side yard of 10 feet on the premises located at 45 Fernwood Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 218 Parcel 501; and WHEREAS, Mr. T. E. O'Brien has submitted to this Board an application for a vari- ance on the ground of practical difficulty and/or unnecessary hardship for the follow- ing reasons: 1. Existing garage is in a ser- ious dry-rot condition and at `� 1S present is not deep enough to accommodate today's longer auto- mobiles. 2. To enclose the existing screen porch to make a family room for year round use. WHEREAS, this Board has examined the plans, reviewed the application and 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 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 garage is in such a serious condi- tion of dry-rot it would have to be re- built. 2. 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 extension of the existing garage and for the enclosure of existing screen porch at the rear of the garage on the premises located at 45 Fernwood Road and known on the Tax Assessment of the Town of Mamaroneck as Block 218 Parcel 501 in strict conformance with the plans filed with this application and amended, pro- vided 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. The Chairman requested the Secretary to read the fourth application. APPLICATION NO. 4 - CASE 293 Application of Mr. and Mrs. James L. Fishel for modi- fication of Article IV, Section 444 Conformity as to Use, so as to permit and allow the Building In- spector to issue a Certificate of Occupancy which will conform with the present Zoning Ordinance on the premises located at 11 Harmony Drive and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 603 on the grounds of practical difficulty and/or unnecessary hardship. Mr. and Mrs. Fishel were represented by Mr. Hunter Meighan, an Attorney, of 100 Mamaroneck Avenue, Mama- roneck, New York. The applicants are under contract to sell the house and the new owners want to obtain a copy of the Certificate of Occupancy. The house was built in 1925 with a front setback of 28.23 instead of the required 30 feet. There is no record that the builder had obtained a vari- ance and presently the house is non-conforming. Parcel 603 consists of two lots and the complete parcel is being sold. It was, also, pointed out that the side yards did not comply with the present Zoning requirements. After further discussion a vote was taken on the application and the result was as follows: Commissioner Wassman - Aye Commissioner Mullick - Aye Commissioner Topping - Aye Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. and Mrs. James L. Fishel have submitted an application for a Certificate of Occupancy to use the dwelling as a one family residence in an R-6 Residential District, and WHEREAS, the Building Inspector has refused to issue such Certificate of Occupancy on the grounds that the existing structure was built in violation of the former Zoning Ordinance; and WHEREAS, Mr. and Mrs. James Fishel have submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reason: The applicants are under contract to sell the house with the con- dition that a Certificate of Occupancy will be obtained for the use of the dwelling as a one family residence. WHEREAS, this Board has examined the ap- plication and 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 circumstances and conditions have not resulted from any acts of the applicant subsequent to the date of the Zoning Regulations appealed from. (b) That said circumstances or conditions are such that the par- ticular application of the Ordi- nance with respect to Article IV, Section 444 Conformity as to Use would deprive the appli- cant 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 444 Conformity as to Use be varied and modified so as to allow the dwelling located at 11 Harmony Drive to be used as a one family dwelling. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant shall obtain a Certificate of © Occupancy within three months of the filing of this Resolution with the Town Clerk. 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 9:30 p.m. , Rita A. Johns9r/, Secretary C