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HomeMy WebLinkAbout1969_05_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MAY 28, 1969, 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. Russell G. Pelton Absent: Mr. Price H. Topping Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the regular meeting of February 26, 1969 and the Special Meeting of March 1, 1969 were presented and on motion duly made and seconded, ap- proved as submitted. Members of the Board were presented with the minutes of the Planning Board meeting of April 9, 1969. At the Planning Board meeting a joint meeting was held with the Zoning Board which was represented by the Chairman, Mr. Richard F. Eggers. On motion duly made and seconded the Zoning Board advised that action be taken on the recommendations as set forth in said minutes. 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 307 Application of Mr. Richard Owen for modification of Article IV Section 410 Schedule of Residence Dis- trict Regulations for an R-6 Residential District of the Zoning Ordinance so as to allow the construc- tion of an attic dormer at the front of the dwell- ing having a front setback of 28 feet instead of the required front setback of 30 feet on the premises located at 44 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Parcel 83 on the grounds of practical difficulty 10(-6 and/or unnecessary hardship. Mr. Richard Owen appeared before the Board with his application and stated that because of the size of his family he needed two extra bedrooms and another bath. Mr. Owen is a Physical Education teacher in the new Hommocks School. The applicant said that the house presently has two bedrooms. It was pointed out that the house was built before the Zoning was changed and is presently in violation. The proposed dormer will not increase the extent of the variance or the encroachment. The question was raised as to whether or not the dormer could be put at the rear of the house but Mr. Owen said that there is already a small dormer at the rear. The Board suggested that Mr. Owen have his contrac- tor change the proposed plan to have the roof pitched lower so that he will have more of a runoff from the roof and change the present ceiling from 8' to 7'6" After a short 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, Mr. Richard Owen has submitted an application for a building permit to the Building Inspector for the construc- tion of an attic dormer at the front 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 Schedule of Residence Dis- trict Regulations for an R-6 Residential District of the Zoning Ordinance which requires a front setback of 30 feet on the premises located at 44 Myrtle Boule- vard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Parcel 83; and WHEREAS, Mr. Richard Owen has submitted to this Board an application for a vari- ance on the ground of practical difficulty and/or unnecessary hardship for the fol- lowing reasons: 1. Two addi=_tional bedrooms and a bath are needed as the house presently only has two bedrooms. 2. There is no other location where this addition could be situated. WHEREAS, the applicant amended the plans to provide for the roof to be pitched lower and the present ceiling lowered from 8' to 7'6", and WHEREAS, this Board has examined the plans, 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 grants the appli- cation as amended 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 the aforesaid circum- stances and/or conditions are as follows: 1. The proposed addi- tion will not increase the extent of the var- iance or encroachment. 2. Because of the size of the family it is necessary to have two extra bedrooms and another bath. 3. 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 Schedule of Residence Dis- trict Regulations for an R-6 Residential District of the Zoning Ordinance so as to allow the construction of an attic dor- mer at the front of the dwelling having a front setback of 28 feet instead of the required front setback of 30 feet on the premises located at 44 Myrtle Boulevard and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Par- cel 83 in strict conformance with 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 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 provided in Section 267 of the Town Law. After a short discussion regarding the next meeting the Board decided that because several of the members © would be out of Town on the 25th of June the June meeting would be held on July 2, 1969. ADJOURNMENT There being no further business to come before this meeting it was adjourned at 8:25 p.m. f / i �C Rita A. Johnson, Secretary 0 lo�o f: