HomeMy WebLinkAbout1967_07_26 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS
OF THE TOWN OF MAMARONECK, HELD JULY 26, 1967, 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
8:05 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 June 28, 1967 were pre-
sented 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 276
Application of Mr. Seymour Alpert for modification
of Article IV, Section 410, Note "A", Schedule of
Residence District Regulations for an R-7.5 Resi-
dence District of the Zoning Ordinance so as to
allow the construction of an addition to the west-
erly side of the dwelling located on a corner lot
having a front set-back of 28 feet from Fern Road
instead of the required minimum front set-back of
30 feet and a side yard of 7.5 feet instead of the
required minimum side yard of 10 feet on the pre-
mises located at 107 No. Chatsworth Avenue and known
on the Tax Assessment Map of the Town of Mamaroneck
as Block 114, Parcel 466 on the grounds of practical
difficulty and/or unnecessary hardship.
Dr. Alpert presented the Board with his application
and pointed out that the present garage is inadequate
for parking cars and for storage space for bikes,
outdoor furniture, etc. He stated that it was nec-
essary for him to park his car in the driveway and
in his position as a Doctor he is sometimes called
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out in the middle of the night. Dr. Alpert, also,
stated that the present garage is in need of exten-
sive repairs.
The applicant, also, pointed out that the house is
not large enough for the size of his family and a
downstairs bathroom is needed because of the fact
that Mrs. Alpert has a back problem and has diffi-
culty going up and down stairs.
The Board pointed out that the existing front set-
back was less than the front set-back of the new
structure and the new addition would project to the
rear. Dr. Alpert said they had owned the house for
almost six years and the architect had suggested
the plan in order to make the plumbing connections
simple.
A letter was received from Mr. John H. Hanlon of
98 North Chatsworth Avenue giving his approval of
the application.
After further 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, Dr. Seymour Alpert has submitted
an application for a building permit to
the Building Inspector for the construction
of an addition to the westerly side of
the 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 Mama-
roneck with particular reference to Article
IV, Section 410, Note "A", Schedule of
Residence District Regulations for an R-7.5
Residential District of the Zoning Ordinance
which requires on a corner lot a front set-
back of 30 feet and a side yard of 10 feet
on the premises located at 107 North Chats-
worth Avenue and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block
114 Parcel 466; and
WHEREAS, Dr. Seymour Alpert has submitted
to this Board an application for a variance
on the ground of practical difficulty and/
or unnecessary hardship for the following
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reasons:
1. Addition will add a new gar-
age to replace old garage which
is in need of repair.
2. A downstairs bathroom will
be added for which there is need
due to medical reasons.
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 granted the ap-
plication on the following grounds:
(a) That there are special cir-
cumstances and conditions apply-
ing to the land/or building for
which a variance is sought, which
circumstances and/or conditions
are peculiar to such 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
such that the particular appli-
cation 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 granting
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 purpose.
(c) That the granting of this
variance will be in harmony with
the general purposes and intent
of this Ordinance and will not
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be injurious to the neighborhood
or otherwise detrimental to the
public welfare; and it is
FURTHER RESOLVED, that a variance is hereby
9'02,
granted to the applicant and that Article
IV, Section 410 be varied and modified so
as to allow the construction of an addition
to the westerly side of the dwelling on
the premises located at 107 North Chats-
worth Avenue and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block
114 Parcel 466 in strict conformance with
the plans filed with this application and
amended, provided that the applicant com-
plies in all other respects with the Zon-
ing 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.
ADJOURNMENT
There being no further business to come before this
meeting it was adjourned at 8:15 p.m.
2?(
Rita A. Johnson, Secretary
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