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HomeMy WebLinkAbout1967_12_20 Zoning Board of Appeals Minutes MINUTES OF A SPECIAL MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK, HELD DECEMBER 20, 1967, 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 8:15 p.m. ROLL CALL Present: Mr. Richard F. Eggers, Chairman Mr. E. Robert Wassman Mr. Henry Mullick Mr. Price H. Topping Absent: Mr. Russell G. Pelton Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of October 25, 1967 were presented and on motion duly made and seconded, ap- proved as submitted. PUBLIC HEARING The Chairman declared the hearing open and the Sec- retary presented for the record the affidavit of pub- lication of the notice of hearing. Members of the Board had received copies of letters dated November 7, 1967 and November 10, 1967 from Mr. Edward Ryan, an Attorney of 4 Chatsworth Avenue, Larchmont, New York, who is representing Mr. Seymour Lubliner. Mr. Lubliner had applied to the Zoning Board at the October 25, 1967 meeting for a variance for the construction of an addition to his house at 132 North Chatsworth Avenue. The Board had denied Mr. Lubliner's application and Mr. Ryan was appealing to the Board for a rehearing of the case. All members of the Board voted in favor of rehearing the application and the case will be advertised and heard at the next regular meeting of the Zoning Board to be held on January 24, 1968. The Chairman requested the Secretary to read the first application. APPLICATION NO. 1 - CASE 282 Application of Mrs. Marion Westergaard for modifi- cation of Article IV, Section 410, Schedule of Resi- dence District Regulations for an R-7.5 Residential District of the Zoning Ordinance so as to allow the construction of a one car detached garage at the front of the property having a minimum front set- back of 1'0" instead of the required minimum front set-back of 30 feet on the premises located at 26 Mountain Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 116 Parcel 324 on the grounds of practical difficulty and/or un- necessary hardship. Mrs. Marion Westergaard appeared before the Board and stated she wished to withdraw her application for the construction of the garage as she had found she was not able to afford to build the garage. The applicant stated that when the house was pur- chased five years ago they were of the opinion that they could park on the street but at the time they were able to rent a garage from their next door neigh- bor. The present owner of the property has now in- formed Mrs. Westergaard that he will need the second garage and the applicant has not been able to find another garage available for rent in the neighborhood. Mrs. Westergaard stated that she was desirous of amending her plan and application in order to con- struct an off-street parking area with a retaining wall which would not be quite as expensive. It would be necessary to build the parking area on some Town property and the Board advised the applicant that it would necessary for her to go to the Town Board for permission to build on any Town property. The Chairman advised Mrs. Westergaard to send a letter and a plan to the Town Board and adjourned the case for a later hearing of the Zoning Board. The Chairman requested the Secretary to read the next application. APPLICATION NO. 2 - CASE 283 Application of Mrs. Anita Link for modification of Article IV, Section 410, Schedule of Residence Dis- trict Regulations for an R-15 Residential District of the Zoning Ordinance so as to allow the construc- tion of a one story addition at the rear of the dwell- ing having a'minimum side yard of 12 feet and a total of both side yards of 26 feet instead of the required minimum total of both side yards of 30 feet on the premises located at 1232 Palmer Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Parcel 193 on the grounds of practical difficulty and/or unnecessary hardship. The following persons were heard: In favor: Mrs. Anita Link, applicant In opposition: Mr. Burdell S. Williams 4 Hawthorne Road, Larchmont. Mr. Frank Brookfield 60 Howell Avenue, Larchmont Mrs. Anita Link stated that they were desirous of enlarging the kitchen and dining room. The kitchen at present is about 10' x 10' and with the addition it will be about 11'6" x 10'6". It was pointed out that the addition will add another approximately 200 sq. ft. to the first floor area and the total floor area will be approximately 80 sq. ft. over the minimum for a two story dwelling. It was, also, pointed out that the addition will not encroach into the existing side yards any further than it does at present. Mr. Burdell S. Williams who opposed the application stated that he felt the addition would block off some of his light and limit his view. He, also, felt that it would downgrade the area and stated than when the applicants purchased the property they were aware of the physical condition of the lot. It was pointed out that the side yard is greater at the present time than if the house was built under the new Zoning Regulations. Mr. Frank Brookfield who is the President of the Howell Park Association, also, objected to the ap- plication and said he felt the addition would not "add" to Howell Park and he was against any variances being granted. The Chairman called a short recess for the discussion of the application. When the Board returned the Chairman announced that Mr. Topping had asked to be disqualified as he had been a past President of the Howell Park Association. Mr. Eggers explained to Mrs. Link that because only three members were voting on the application it would have to be an unanimous vote and she had the privilege of with- drawing her application until another meeting when there would be another member present. The appli- cant declined to withdraw and a vote was taken on the application and the result was as follows: Commissioner Eggers - Aye Commissioner Wassman - Aye Commissioner Mullick - Aye The application was therefore granted and the fol- lowing Resolution duly adopted: WHEREAS, Mrs. Anita Link has submitted an application for a building permit to the Building Inspector for the construction of a one story addition at the rear of the dwelling together with plans; and (ja7 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, of the Zoning Ordinance which requires a minimum total of both side yards of 30 feet on the premises lo- cated at 1232 Palmer Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 405 Parcel 193; and WHEREAS, Mrs. Anita Link 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. To enlarge and modernize the kitchen and dining room. WHEREAS, this Board has examined the plans, reviewed the application and heard all per- sons interested in this application after publication of a notice thereof, NOW, THEREFORE, BE IT RESOLVED, that this Board grants the ap- plication 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 Board felt that the proposed add- ition would not extend any further into the existing side yards than the present build- ing. 2. The proposed addi- tion would increase the floor area of the present dwelling and conform with the floor area requirements for dwellings located in R-15 Residential Dis- trict. 3. That any change in the proposed addi- tion would decrease the aesthetic value of the dwelling and a tree would have to be removed at the rear of the dwelling. 4. 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 reason- able use of the land and/or building and that the variance as granted by this Board is the minimum adjust- ment that will accom- plish 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 an addition at the rear of the dwelling on the premises located at 1232 Palmer Avnue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 405 Par- cel 193 in strict conformance with the plans filed with this application and amen- ' ded, provided that the applicant complies in all other respects with the Zoning Or- dinance 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 9:30 p.m. Rita A. Johns , Secretary