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HomeMy WebLinkAbout1962_11_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD NOVEMBER 28, 1962, 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 8:00 p.m. PRESENT: Laurence J. Sobel, Chairman George Schuler Sydney Bierman Richard Eggers Richard I, Land ALSO PRESENT: William J. Paonessa, Building Inspector MINUTES The minutes of the meeting of October 24, 1962, were accepted as presented. ANNOUNCEMENT The Chairman announced that due to a delay in the mail he had not received formal notice of the meeting and therefore had had no chance to view the properties, Mr. Sobel then stated that due to this fact if anyone wished to postpone hearing on his application he could do so. HEARING The Chairman declared the hearing open and the secretary pre- sented the affidavit of publication of the notice of hearing as published in the official newspaper of the Town of Mamaroneck, The Daily Times, on November 21, 1962. The Chairman requested the secretary to read the first appli- cation. APPLICATION NO. 1--JAMES H. MCINERNEY--Case 148 Application of James H. McInerney for modification of Article IV, Section 410, Note "A", Schedule of Residence District Regulations, so as to allow the construction of a porch having a front set back of 24.5 to 25 feet from Eton Road 405 v W Ul W 045 instead of the required 30 feet on premises located at 139 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211, Parcel 100 on CC o the ground of practical difficulty and/or unnecessary d hardship. m The Chairman asked if anyone present wished to speak either in favor of or in opposition to this application and the following persons addressed the Board: For Appellant: James H. McInerney In Opposition: None Mr. McInerney appeared and stated that he would like to build this porch to replace an old porch which was disintegrating and was now unusable. He also submitted plans for the proposed porch. Mr. Bierman asked if this was the only way the porch could be enlarged and Mr. McInerney stated that to build any other way would not be feasible. He further stated that if he were to extend the porch to the rear it would have to built on stilts and would be an eyesore. Following some further discussion, on motion made and duly seconded the following resolution was unanimously adopted: WHEREAS, James H. McInerney has submitted an application for a building permit to the Building Inspector for the construction of a porch to replace an existing porch; and L1.! WHEREAS, the Building Inspector has refused to issue Q such permit on the ground that the plans submitted L sailed to comply with the Zoning Ordinance of the Town of Mamaroneck with particular reference to 65 Article IV, Section 410, Note "A", which deals with set backs, etc. ; and ZD OCC WHEREAS, Mr. McInerney has submitted to this Board an application for a variance on the ground of practical OD difficulty and/or unnecessary hardship for the following reasons; 1. Old porch needs to be replaced as it is not usable at this time. 2. No other area available for extension of porch; and WHEREAS, members of this Board have examined the plans and also have viewed the property and has heard all persons interested in this application after publication of a 406 notice thereof; NOW, THEREFORE, BE IT RESOLVED that this Board finds the following: (a) That there are special circumstances and conditions applying to the building for which a variance is sought which circumstances and/or conditions do not apply generally to the buildins in the district and which cir- cumstances 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. Present porch needs to be replaced. 2. This being a corner plot there is no other area available for extension of porch. which said circumstances and/or conditions are such that the particular application of the Ordinance with respect to Section 410 would depirve the applicant of the reasonable use of the building and that for these reasons the granting of the variance is necessary for the reasonable use of the building and that the variance as granted by this Board is the minimum adjust,ent that will accomplish this purpose. (c) That the granting of this variance will be in harmony with the general purposes and intent of the 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 grnated to the applicant and that Article IV, Section 410, be faried and modified so as to allow the construction of a porch having a set back of 24.5 to 25 feet from Eton Road on premises located at 139 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211, Parcel 100, in strict accordance with the plans filed with this application and 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 Reg- ulations 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 6 months or 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. 407 The secretary then read the second application. APPLICATION NO. 2--OTTO SCHEUBLE--Case 149 Application of Otto Scheuble for modification of Article IV, Section 410, Schedule of Residence District Regu- lations, so as to permit the construction of a one family dwelling having a front yard of less than 30 feet, to wit, 22 feet, on premises located at 25 Rock Ridge Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 412, Parcel 596, on the ground of practical difficulty and/or unnecessary hardship. This is a renewal of a variance granted October 26, 1960. • Mr. Sobel then read a letter from Mr. Scheuble asking that his application be deferred to the next meeting of this Board. This letter is on file with the application. Following some discussion on motion by Mr. Bierman, seconded by Mr. Land the following resolution was unanimously adopted: RESOLVED, that action on the application of Otto Scheuble be deferred until the meeting of the Board on January 23, 1963, and that the cost of readvertising be born by this Board. The secretary then read the third application. APPLICATION NO. 3--IRENE W. MUENCH--Case 150 Application of Irene W. Muench for modification of Article IV, Section 410, Schedule of Residence District Regulations in an R 7.5 District, so as to allow the construction of a 32'-0" x 8'-0" addition to the rear of a dwelling having a rear yard of 18 feet more or less rather than the required 25 feet on premises located at 238 Rocking- stone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115, Parcel 299, on the ground of practical difficulty and/or unnecessary hardship. The Chairman asked if any person present wished to address the Board either in favor of or in opposition to this application and the following persons were heard: For Appellant: Anthony Signorielli, Architect 7 Edgemont St. Pelham Manor, N.Y. Joe Petruzzo, Builder 763 Pelhamdale Avenue Pelham Manor, N.Y. In Opposition: None Mr. Signorielli, representing Mrs. Muench, appeared and submitted plans for the proposed addition to the house. He stated that at the present 408 time there was no access to the boiler room from inside the house and that this was the biggest reason for the addition. He further stated that at the present time the house was really not very livable due to the smallness of the kitchen and the need for an additional bathroom. Mr. Bierman asked if this addition could be made in any other manner. Mr. Signorielli pointed out that the property line runs at an angle rather than straight across thus cutting off about seven feet from the set back at one point. Following some further discussion on motion duly made and seconded the following resolution was unanimously adopted: WHEREAS, Mrs. Muench has submitted an application for a building permit to the Building Inspector for the con- struction of an addition to an existing building, to- gether 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, which deals with set backs, etc. ; and WHEREAS, Mrs. Muench has submitted to this Board an appli- cation for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. House is old and not suitable for today's living. 2. No.access to cellar except through trap door in kitchen. 3. Second bathroom badly needed. and 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 followins: (a) That there are special circumstances and conditions applying to the building for which a variance is sought which circumstances and/or conditions are peculiar to such building and do not apply generally to buildings in the district and which circumstances and conditions �•-. have not resulted from any acts of the applicant sub- sequent to the date of the Zoning Regulations appealed from. (b) That the aforesaid circumstances and/or conditions are 409 L11 as follows: +► 1. House not suitable for today's living. 2. No Access to cellar except through trap door Win kitchen. U) Q 3. Second bathroom badly needed W which said circumstances and/or conditions are such that the n' particular application of the Ordinance with respect to Section 410 would deprive the applicant of the reasonable use of the building and that for these reasons the granting of the variance is necessary for the reasonable useof such building OOC and that the variance as granted by this Board is the minimum adjustment that will accomplish this purpose. 00 (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 permit the construction of a 32'x8' addition to the rear of a dwelling having a rear yard of 18 feet, more or less, on premises located at 238 Rocking- stone Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 115, Parcel 299, in strict accordance with the plans filed with this application, pro- vided that the overhang of the roof at the rear will not exceed 8 to 10 inches and also provided that the applicant complies in all other respects with the Zoning Ordinance of the Town of Mamaroneck and the Building Code. 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 6 months or completed within two years of the date of said permit. FURTHER RESOLVED that this decision be filed with the Town LU Clerk as provided in Section 267 of the Town Law, U) Q W OL. d5 ADJOURNMENT There being no further business to come before this meeting it was adjourned at 9:15 p.m. 0 0 m v Muth uammann Secretary 410