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HomeMy WebLinkAbout1967_06_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD JUNE 28, 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 8:15 p.m. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. E. Robert Wassman Mr. Henry Mullick Mr. Price H. Topping Mr. Russell G. Pelton Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of May 24, 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 application of Mr. Henry Waltemade which had been held over from the previous meeting of May 24, 1967. CASE 274 Application of Mr. Henry C. Waltemade for modifica- tion of Article IV, Section 410, Schedule of Resi- dence District Regulations for an R-20 District of the Zoning Ordinance so as to allow the construction of a screened porch having a side yard of 10 feet instead of the required side yard of 15 feet on the premises located at 5 Hidden Green Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 209 Parcel 393 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Waltemade was represented by Mr. Herman H. Sun- kenberg, an Attorney of 120 2nd Avenue, Pelham. Mr. Eggers asked Mr. Sunkenberg if he was prepared to present the reasons for the practical difficulty or unnecessary hardship. Mr. Sunkenberg stated that he was not prepared to discuss the case as he had only represented Mr. Waltemade at the closing when he had purchased the house. The Chairman requested Mr. Sunkenberg to call Mr. Waltemade and when he returned it was decided that the application would be withdrawn. The Chairman informed him that the applicant would have to reapply. The Chairman requested the Secretary to read the next application. APPLICATION NO. 1 - CASE 275 Application of Mr. Eugene Staffenberg for modifica- tion of Article IV, Section 410, Note "A", Schedule of Residence District Regulations for an R-6 Resi- dential District of the Zoning Ordinance so as to allow the construction of a one story addition to the southerly side of the dwelling located on a cor- ner lot having a front set back of 14 feet from Alden Road instead of the required minimum front set back of 30 feet on the premises located at 18 Kenmare Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 680 on the grounds of practical difficulty and/or un- necessary hardship. The following persons appeared in favor of this ap- plication: Mr. Eugene Staffenberg, applicant Mrs. Sheila Staffenberg Mr. Jeff Meighan, Attorney for applicant Mrs. Aloysius Tighe, 16 Kenmare Road Mr. Meighan presented to the Board the application of Mr. Staffenberg and pointed out that variances were granted only where circumstances and conditions did not result from any acts of the applicant. Also, where the granting of the variance would not be in- jurious to the neighborhood and they felt both of these conditions applied in this case. Mr. Meighan, also, pointed out that there are "area" and "use" variances but this particular case was an "area" variance. The Board pointed out that the house when purchased by the Staffenbergs in August, 1966 was non-conform- ing and if the variance was granted it will be an extension of the non-conforming usage. It was, also, pointed out that in the Staffenberg's previous application in September 1966 they were asking for a side yard variance and the front set back was 10 feet instead of the 14 feet now requested. Mrs. Staffenberg stated if the variance is granted it will make the back yard more usable and add a room to be used for a play area in bad weather. Mrs. Aloysius Tighe who lives next door said she felt the addition would be an improvement and that previously the house was a "mess". 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 Topping - Aye Commissioner Pelton - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mr. Eugene Staffenberg has sub- mitted an application for a building per- mit to the Building Inspector for the con- struction of a one story addition to 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 Mama- roneck with particular reference to Article IV, Section 410, Note "A", Schedule of Residence District Regulations for an R-6 Residential District of the Zoning Ordi- nance which requires on a corner lot a front setback of 30 feet on the premises located at 18 Kenmare Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 409 Parcel 680; and WHEREAS, Mr. Eugene Staffenberg 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. Due to the fact that the back yard is on different levels it is a hazardous play area for the children. 2. Addition would create a more desirable outdoor play area and provide an indoor play area to be used in bad weather in other- wise unusable space. 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 re- spect 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 var- iance 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 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 a one story addition to the existing dwelling on the premises located at 18 Kenmare Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 680 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. 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 8:45 p.m. Rita A. Johnson, Secretary