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HomeMy WebLinkAbout1964_06_24 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JUNE 24, 1964, 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 8:16 p.m. . PRESENT: Sydney D. Bierman, Chairman Robert B. White Henry E. Mullick ABSENT: E. Robert Wassman Richard Eggers ALSO:PRSENT: William Paonessa, Building Inspector MINUTES The minutes of the meeting of May 27, 1964 were approved, as corrected, on motion duly made and seconded. ANNOUNCEMENT The Chairman announced that since there were only three Board members present a unanimous vote would be necessary to grant any variance, therefore, if any person present wished to postpone his application to the following meeting he might do so. Since neither party, or their representative wished to withdraw or respond, the Chairman proceeded with the ,meeting. HEARING: The Chairman declared the hearing open and the secretary presented the affidavit of publication of the notice of the hearing in the official news- paper of the Town of Mamaroneck, The Daily Times, on June 17, 1964. OLD BUSINESS - EDWARD X. MULDERRIG APPLICATION The Chairman stated decision and further consideration on this applica- tion had been deferred at the May 27, 1964 meeting to this meeting at the Board's request. The Chairman asked if there was anything further the applicant or Mr. Moore, the architect representing the applicant, wished to add. Mr. Moore replied no. Mr. Mullick asked if there were any rooms inhabited in the present upper story and Mr. Moore explained that there is just a crawl space, etc. in which the applicant stores a few suitcases. Mr. White and Mr. Mullick questioned if the chimney would be raised any and if the entire roof would be raised in making this alteration. Mr. Moore replied yes both chimneys and the roof would be raised. The Chairman asked if the applicant understood that the west portion of 553 his property, under the present regulations, could not be built upon as a separate building lot and Mr. Moore replied the applicant was fully aware of this. Mr. Bierman asked the applicant how many bedrooms he would end up with after building a seoond. Mr. Mulderrig explained that if he were per- mitted to make this addition,he would convert the two bedrooms presently on the first floor into a den and a sewing room and all sleeping quarters would then be on the second :story and would consist of four bedrooms. The Chairman then asked Mr. Mulderigg, for the record, how many children he had when he purchased the house and the date of purchase. Also did he consider he had enough room at the time of purchase. Mr. Mulderrig stated he had two children and one on the way when he made the purchase in 1961 and now has four children. In addition, he said that when purchased, the real estate agent, Peter C. Doern, told him he could build a second story without a zoning variance. It was further established by Mr. Bierman that the applicant still would have purchased the house knowing of the re- striction in adding a second story, etc. as he liked the neighborhood and the house very much. Mr. Moore was also questioned about the pitch of the roof after the second story was added. He stated this would remain nearly the same. The height to the ridge would be 22-feet. After some further discussion a vote was taken which resulted as follows: Chairman Bierman Aye Commissioner White Aye Commissioner Mullick Aye The following resolution was adopted: WHEREAS, Edward X. Mulderrig, has submitted an application for a building permit to the Building Inspector fbr the construction of a second story addition over the existing non-conforming one-family dwelling, 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 Article IV, Section 410 of said Ordinance, which provides for the use of land and buildings, the height of buildings, the yards, etc. ; and WHEREAS, Edward X. Mulderrig has submitted to this Board an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1. Addition will permit family to remain in present neighborhood and school district as there are only two bedrooms at present and family has increased to four children since house first purchased. 2. Financial considerations prevent other means of obtaining more living space required. 3. Increased room size will tend to equalize size of houses in neighborhood. 554 4. Present lot has nearly 7500-feet and is in an R-6 zone and lot coverage will not be increased by addition. WHEREAS, this Board has examined the plans and also has viewed the property and has heard all persons interested in this application after publication 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. Addition will permit the applicant to remain in present neighborhood and school district by providing additional bedrooms for growing family. 2. Financial considerations do prevent other means of ob- taining more living space required by family size. 3. Increased room size will tend to equalize size of houses in neighborhood. 4. Lot has about 7500-sq. ft. and the lot coverage will not be increased by the additon. which said circumstances and or conditions are such that the parti- cular application of the Ordinance with respect to 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/Dr building and that the variance as granted by the 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 be varied and modified so as to allow the con- struction of a second story addition having a minimum front set back of 23-feet, a minimum side yard of 3.75-feet and a mimimum rear yard of 20-feet over the existing dwelling, on the premises located at 78 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123, Parcel 398, 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: None 555 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 said permit. FURTHER RESOLVED, that this decision be filed with the Town Clerk as pro- vided in Section 267 of the Town Law. The Chairman requested the secretary to read the first application. APPLICATION NO. 1 - CASE 185 Application of Edward Clark for modification of Article IV, Section 410, Schedule of Residence District Regulations, Note "D", of the Zonigg Ordi- nance of the Town of Mamaroneck, so as to allow the construction of an unattached accessory building, at the existing dwelling, in an R-10 Resi- dence District having less than the minimum required side yard of 5-feet on the premises located at 67 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223, Parcel 452 on the grounds of practical difficulty and/or unnecessary hardship. For Appellant: Edward Clarke 67 Rockland Avenue Larchmont, New York In Opposition: None Communications: None Mr. Clarkg. representing himself, appeared and submitted a sketch for construction of a 5' x 10' tool house at the existing dwelling. Mr. Clark, stated that due to the five year growth of his family from one child and a Volkswagon to three children and two American cars, made his one car garage inadequate. He said he wanted to build a tool house to house two tricycles, a bicycle, a go-cart, a lawnmower, a broom and a sweeper, and garden tools which now clutter his garage making it difficult to get his car in and out. Mr. White asked the applicant if he was the owner of the property and when he acquired same. Mr. Clark stated he was the owner and purchased the pro- perty in August 1959. In answer to Mr. Bierman's questions, Mr. Clark explained that he parked his second car next to the garage and could not build the toolshed against the garage because a large rock near the border of his property would make parking impractical. Mr. Bierman asked the applicant about enlarging his garage. He said he did not want to incur the additional expense and that his roof, ridged to the sides, made expansion to the sides impractical. Mr. White asked Mr. Clark about cutting another door into his garage to facilitate the moving of garden tools and other equipment. He stated that this would not solve the problem of overcrowding. 556 Mr. Bierman pointed out to the applicant that the sketch submitted did not show details of structure, etc. and it would seem that the application was deficient in this respect. Mr. Clark said the shed would be built by himself of materials similar to those used on his house, would rest on a concrete slab and he estimated the cost to be from $150.00 to $200.00. Mr. Bierman asked what the dimensions of the garage were and Mr. Clark stated approximately 13 ' x 24' . Mr. Mullick suggested that extending the garage would be less expensive and approximately 50-square feet would be gained. He asked the applicant if he had filed a plan yet with the Building Department and stated no as he wanted to wait until he found out if his hpplication for a variance was approved or not. As far as enlarging the garage, he felt it still would not give the adequate space required. Mr. White asked if there was any laundry equipment in the garage and where was the boiler located. The applicant stated no laundry equipment was housed in the garage and there was just enough space dug out under the house for the boiler, etc. Since there was no one else to be heard $ne�a vote was taken which re- sulted as follows: Chairman Bierman Naye Commissioner Mullick Naye Commissioner White Naye The following resolution was adopted: WHEREAS, Edward Clark, has submitted an applidatiOn'forip building permit to the Building Inspector for the construction of a 5' x 10' unattached accessory building, at the existing dwelling, 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, Note "D" of said Ordinance, which provides for heights, locations, etc. of unattached accessory buildings; and WHEREAS, Edward Clark has submitted to this Board an application for a vari- ance on the ground of practical difficulty and/or unnecessary hardship for the following reason: 1. More room needed for bicylce, tricycles, lawn mower, garden tools, etc. presently kept in a one car garage. WHEREAS, this Board has examined the plans and also viewed the property 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 application upon the following grounds: 1. That there are no special circumstances or conditions applying to the land for which the variance is sought which circumstances 557 or conditions are peculiar to such land and which do not apply generally to land in the district. 2. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land and that the granting of the variance is not necessary for 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 neighborhood and detrimental to the public welfare. FURTHER RESOLVED that this decision be filed with the Town Clerk in accord- ance with Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this meeting it was ad- journed at 9:05 p.m. . Genevieve F. Soriano, Secretary 0 558