HomeMy WebLinkAbout1983_09_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE
TOWN OF MAMARONECK HELD SEPTEMBER 28, 1983, IN THE COURT HOUSE, 1201
/'" PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK.
CALL TO ORDER
The meeting was called to order by the Chairman at 8:15
P.M.
ROLL CALL
Present: Mr. A. William Boraczek, Chairman
Mr. Stephen K. Carr
Mr. Peter D. Mosher
Absent: Mr. Egbert R. Hardesty
Also present: Mr. William Paonessa, Building Inspector
Mr. James J. Johnston, Town Attorney
APPROVAL OF MINUTES
The minutes of the meeting of July 27, 1983 were presented
and on motion duly made and seconded, approved as submitted.
PUBLIC HEARING
The Chairman declared the hearing open and the Secretary
presented for the record the affidavit of publication of
the notice of hearing.
Mr. Boraczek explained to those present that because only
three members were present the applications would have
to have an unanimous vote and they had the privilege of
postponing their app]ic_ations to another hearing.
OLD BUSINESS - LMR ASSOCIATES - 2155 PALMER AVENUE
The Chairman said that they had received a request from
Mr. Clifford, who is the Attorney for LMR Associates to
review the variance which had been granted on June 23,
1982. Mr. Edmund Purves represented the applicants and
Mr. Boraczek pointed out it was not a Public Hearing.
After a short discussion the Board made a motion that the
application be heard at a Public Hearing and a meeting
be held sometime in October in the Firehouse.
The Chairman asked the Secretary to read the first appli-
cation.
APPLICATION NO. 1 - CASE 637
Application of Mr. and Mrs. Joseph Merolla for modifica-
tion of Article VI Section 89-34 Subsection B [2] "Construc-
tion Requirements for an R-7.5 One Family Residence Dis-
trict which requires a minimum side yard of 10 ft. to al-
low the construction of a wood deck at the rear westerly
side of the dwelling having a side yard of 7.2 ft. and
Article VIII Section 89-44 Supplementary Regulations which
requires a minimum setback from side property lines of
5 ft. to allow the construction of a concrete and brick
patio at the rear easterly side of the property having
a 0 ft. setback on the premises located at 21 Hillside
Road and known on the Tax Assessment Map of the Town of
Mamaroneck as Block 128 Parcel 240 on the grounds of prac-
tical difficulty and/or unnecessary hardship.
Mrs. Merolla appeared before the Board and said that her
backyard slopes making it useless. The applicant said
that attempts to landscape have failed and they want to
build the deck and patio so they can do this. Mrs. Merolla
stated that by paving the area near the backdoor and con-
structing the small deck at the sunroom rear door will
enable them to have easier access to the patio and give
fuller utilization of the backyard.
The applicant presented the Board with letters from two
neighbors which were read by the Chairman.
Mr. and Mrs. Jacobson of 15 Hillside Road said in their
letter that they had reviewed the plans and were unable
to attend the hearing but had no objection to the grant-
ing of the variance.
Mr. Paul E. Steinborn of 25 Hillside Road, also, said he
had reviewed the plans and was unable to attend the hear-
ing but the plans met with his approval and he had no
objection to the granting of the variance.
After further discussion the Board decided to vote on the
application and the result was as follows:
Commissioner Boraczek - Aye
Commissioner Carr - Aye
Commissioner Mosher - Aye
The application was therefore approved and the following
Resolution adopted:
WHEREAS, Mr. and Mrs. Joseph Merolla have submitted
an application to the Building Inspector to allow
the construction of a wood deck at the rear westerly
side of the dwelling having a side yard of 7.2
ft. and a concrete and brick patio at the rear
easterly side of the dwelling having a 0 ft. set-
back, 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 Article VI Sec-
tion 89-34 Subsection B [2] "Construction Require-
ments for an R-7.5 One Family Residence District"
which requires a minimum side yard of 10 ft. and
Article VIII Section 89-44 Supplementary Regula-
tions which requires a minimum setback from side
e*. property lines of 5 ft. on the premises located
at 21 Hillside Road and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block 128
Parcel 240; and
WHEREAS, Mr. and Mrs. Joseph Merolla have submitted
an application to this Board for a variance on
the ground of practical difficulty and/or unnec-
essary hardship for the following reasons:
1. Since the applicant's backyard
drops precipitously towards the house,
their backyard is rendered useless for
children's play and entertaining.
2. Previous attempts to landscape the
slope with grass and pachysandra have
failed.
3. By enlarging the patio and construct-
ing the low retaining wall, they enlarge
the recreation area, create additional
seating and remove much of the slope
enabling improved landscaping.
4. Paving the area near the backdoor
C and constructing the small deck at the
sunroom rear door will enable the family
to have easy access to the patio and
begin fuller utilization of the back-
yard.
WHEREAS, this Board has examined the plans, re-
viewed 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 granted the applica-
tion on the following grounds:
[a] That there are special circumstances
and conditions applying to the land
for which a variance is sought, which
circumstances and/or conditions have
not resulted from any acts of the ap-
plicant subsequent to the date of the
Zoning Regulations appealed from.
[b] That the said circumstances and/
or conditions are as follows:
1. The proposed deck will
provide a more useable back-
yard for the family.
2. By enlarging the patio
it will remove much of the
teik
slope and enable improved
landscaping.
3. Paving the area and con-
structing the small deck
at the sunroom rear door
will provide easier access
to the patio and fuller use
of the backyard.
4. That said circumstances
or conditions are such that
the particular application
of the Ordinance with res-
pect to Article VI Section
89-34 Subsection B [2] "Con-
struction Requirements for
an R-7.5 One Family Residence
District" and Article VIII
Supplementary Regulations
would deprive the applicant
of the reasonable use of
the land and/or building
and that the variance as
granted by this Board is
a minimal adjustment that
will accomplish this purpose.
5. That the granting of
the variance is in harmony
with the general purposes
and intent of this Ordinance
and will not be injurious
to the neighborhood or other-
wise detrimental to the pub-
lic welfare; and it is
FURTHER RESOLVED, that a variance is hereby granted
and that Article VI Section 89-34 B [2] "Construc-
tion Requirements for an R-7.5 One Family Resi-
dence District" and Article VIII Section 89-44 Sup-
plementary Regulations be varied and modified
so as to allow the construction of a wood deck
at the rear westerly side of the dwelling having
a side yard of 7.2 ft. and the construction of
a concrete and brick patio at the rear easterly
side of the property having a 0 ft. setback on
the premises located at 21 Hillside Road and known
on the Tax Assessment Map of the Town of Mama-
roneck as Block 128 Parcel 240 in strict confor-
mance with plans filed with this application
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 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.
The Chairman asked the Secretary to read the next appli-
cation.
APPLICATION NO. 2 - CASE 638
Application of Mr. and Mrs. Gerard Louit for modification
of Article VIII Section 89-44 "Supplementary Regulations"
of the Zoning Ordinance which does not permit wood terraces
over 6" in height closer than 5 ft. from any side or rear
property line to allow the construction of a wood terrace
having a maximum height of 5'2" and located 2 ft. from
northerly property line, 3 ft. from rear property line
and 4 ft. from southerly property line on the premises
eat"' Map
at 6 Briar Close and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 105 Parcel 444 on
the grounds of practical difficulty and/or unnecessary
hardship.
Mr. and Mrs. Louit appeared before the Board and Mr. Louit
said that it was difficult for the children to play in
the backyard because of the slope and the rocky condition.
Mrs. Louit said that the present situation is dangerous
and with the proposed railing around the terrace it will
insure the necessary safeguard.
Mr. Paonessa pointed out that there was quite a difference
in the elevation and there is a partial terrace there now.
It was pointed ou that the addition would be an extension
of the present terrace and would be even with the first
floor.
Mr. Louit had sent with his application a petition signed
by seven of his neighors which was read by Mr. Boraczek.
The petition was signed by Mr. Erhard Herd, 5 Briar Close,
Mr. and Mrs. George M. Wilson, 4 Briar Close, Mr. Richard
L. Spring, 8 Briar Close, Mr. and Mrs. A. H. Bendixen, 9
Briar Close, Mr. Barry Rosenberg, 23 Bonnie Way, Mr. and
Mrs. Hirsch, 27 Bonnie Way, Mr. and Mrs. Turk, 2 Briar
Close. The above neighbors who signed the petition all
said they had seen and reviewed the plans for the wood
terrace and had no objection to the completion of the
project.
The Board discussed the application and asked Mr. Louit
if the deck could be cut back on the southerly side so
that it would be 5 ft. from the property line. The ap-
plicant agreed that if the application was approved to
amend the plan. After further discussion the Board decided
to vote on the amended plan and the result was as follows:
Commissioner Boraczek - Aye
Commissioner Carr - Aye
Commissioner Mosher - Aye
The application was therefore approved as amended and the
following Resolution adopted:
WHEREAS, Mr. and Mrs. Gerard Louit have submitted
an application to the Building Inspector to allow
the construction of a wood terrace having a maximum
height of 5'2" and located 2 ft. from northerly
side property line, 3 ft. from rear property
line and 4 ft. from southerly property line,
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 Ordi-
nance of the Town of Mamaroneck with particular
reference to Article VIII Section 89-44 "Supple-
mentary Regulations" which does not permit wood
terraces over 6" in height and closer than 5
ft. from any side or rear property line on the
premises located at 6 Briar Close and known on
the Tax Assessment Map of the Town of Mamaroneck
as Block 105 Parcel 444; and
WHEREAS, Mr. and Mrs. Gerard Louit have submitted
an application for a variance on the ground of
practical difficulty and/or unnecessary hardship
for the following reasons:
1. The rocky conditions and steep-
ness of the slope in the backyard
prevents it from being used safely.
2. The wood terrace, built on hori-
zontal grade would allow full and
safe use of the backyard space, es-
pecially for the children.
3. Railings around the terrace will
insure the necessary safeguard.
WHEREAS, this Board has examined the plans, re-
viewed the application and has heard all persons
interested in this application after publication
of a notice thereof, and
WHEREAS, this Board has requested the applicants
to amend the plan to show the wood terrace to
conform to 5 ft. on the southerly property line
and the applicants have agreed to amend the plan;
NOW, THEREFORE, BE IT
RESOLVED, that this Board granted the applica-
tion on the following grounds:
[a] That there are special circum-
stances and conditions applying to
the land for which a variance is sought,
which circumstances and/or conditions
have not resulted from any acts of
the applicant subsequent to the date
of the Zoning Regulations appealed
from.
[b] That the said circumstances and/
or conditions are as follows:
1. The applicants have agreed
to amend the application
so that the wood terrace
will conform on the southerly
property line.
2. The proposed wood ter-
race will provide a safe
useable backyard for the
applicant's children.
3. That said circumstances
and conditions are such that
the particular application
of the Ordinance with res-
pect to Article VIII Section
89-44 "Supplementary Regu-
lations" of the Zoning Or-
dinance would deprive the
applicants of the reasonable
use of the land and/or build-
ing and that the variance
as granted by this Board
is a minimal adjustment that
will accomplish this purpose.
4. That the granting of
the variance is in harmony
with the general purposes
and intent of the Ordinance
and will not be injurious
to the neighborhood or other-
wise detrimental to the pub-
lic welfare; and it is
FURTHER RESOLVED, that a variance is hereby granted
frf
1
and that Article VIII Section 89-44 "Supplementary
Regulations" of the Zoning Ordinance be varied
and modified so as to allow the construction of
a wood terrace 5'2" in height and located 2 ft.
from northerly side property line, 3 ft. from
rear property line and 5 ft. from southerly pro-
perty line on the premises located at 6 Briar
Close and known on the Tax Assessment Map of the
Town of Mamaroneck as Block 105 Parcel 444 in
strict conformance with plans filed 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 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.
The Chairman asked the Secretary to read the next appli-
cation.
APPLICATION NO. 3 - CASE 639
Application of Mr. Richard Beninati for modifcation of
Article IV Section 89-20 C [3] "Permitted Accessory Uses"
[as permitted by Building Code Article XXIII Section 14-
133 A [1] & [2] ] which requires a minimum side yard set-
back of 15 ft. and a minimum rear yard setback of 20 ft.
to allow a portable bathing pool having a depth of more
than 2 ft. and located 10 ft. from side and rear property
line on the premises located at 272 Murray Avenue and
known on the Tax Assessment Map of the Town of Mamaroneck
as Block 107 Parcel 677 on the grounds of practical dif-
ficulty and/or unnecessary hardship.
Mr. Beninati appeared before the Board and said he wanted
to put a portable jacuzzi on an existing flagstone patio.
The applicant said that the drain and electrical system would
be drawn from the house. Mr. Beninati stated that the
proposed location was the most practical because of privacy
and that the pool would be brought in the house in the
winter.
Mr. and Mrs. John Johnson of 409 Weaver Street spoke in
favor of the application and Mr. Francis Stock of 700
Weaver Street was in agreement.
Mr. Boraczek read letters from four neighbors opposing
11
the application. Mr. Ken Suzuki, 274 Murray Avenue,
who is next door, said in his letter that their neighbor-
a"^ hood properties are all closely abutting each having much
too small spaces for even a portable bathing pool.
Mr. Kenneth Brown of 295 Murray Avenue said in his letter
that he was opposed to the lessening of the clear spaces
around buildings which have been mandated for one family
residences except in dire necessity and was against the
application.
Mr. A. Zeisler of 282 Murray Avenue said in his letter
he was against the application as it would impose on the
neighbors unnecessary noise and an unsightly object.
Mr. Zeisler further said in his letter that a pool of
any type could leak large amounts of water causing damage
to adjacent properties.
Mr. Herbert Levitt of 280 Murray Avenue in his letter
said that even though the installation of the proposed
pool while definitely an attractive creature of comfort
for the one who wishes to install it is definitely not
a cause of hardship.
Mr. Stock said that the objections were all duplicates
and the pool could not be seen by those people who had
objected.
o""
The Board questioned about fencing and Mr. Paonessa said
the pool would have to be fenced on all sides with a fence
of at least four feet.
After further discussion the Board decided to vote on
the application and the result was as follows:
Commissioner Boraczek - Nay
Commissioner Carr - Aye
Commissioner Mosher - Aye
The application was therefore denied and the following
Resolution adopted:
WHEREAS, Mr. Richard Beninati has submitted an
application to the Building Inspector to allow
a portable bathing pool having a depth of more
than 2 ft. and located 10 ft. from side and rear
property line, 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 Or-
dinance of the Town of Mamaroneci: with particular
reference to Article IV Section 89-20 C [3] "Per-
mitted Accessory Uses" [as permitted by Building
Code Article XXIII Section 14-133 A [1] & [2]
which requires a minimum side yard setback of
15 ft. , and a minimum rear yard setback of 20
ft. on the premises located at 272 Murray Avenue
and known on the Tax Assessment Map of the Town
II
of Mamaroneck as Block 107 Parcel 667; and
C
WHEREAS, Mr. Richard Beninati has submitted an
application for a variance on the ground of prac-
tical difficulty and/or unnecessary hardship
for the following reasons:
1. The proposed location is the most
private area of plot.
2. The proposed location is the most
practical for portable application.
3. Note busy corner of Murray and
Forest Avenue.
WHEREAS, this Board has examined the plans, re-
viewed 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 denied the application
on the following grounds:
1. That the applicant failed to
show that the pool could not be lo-
cated on the property which would
require a lesser variance.
2. That the applicant failed to
show that screening and fencing would
provide adequate privacy to residents
in the area.
3. That there were no special cir-
cumstances or conditions applying
to the land for which the variance
is sought which circumstances or
conditions are peculiar to such land
and which do not apply generally
to land in the district.
4. That the facts and circumstances
claimed by the applicant to entitle
him to the variance are not such
as would deprive him of the reason-
able use of the land.
5. That the granting of the vari-
ance would not be in harmony with
the general purposes and intent of
oomok 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 accordance with Section
267 of the Town Law.
°'
The Chairman asked the Secretary to read the next appli-
cation.
APPLICATION NO. 4 - CASE 640
Application of Mr. and Mrs. Ralph Arone for modification
of Article IV Section 89-20 Subsection C [3[ "Permitted
Accessory Uses" as permitted by Building Code which re-
quires a minimum side yard setback of 15 ft. to allow
the installation of an above ground swimming pool having
side yards of 6 ft. and 8 ft. on the premises located
at 26 Revere Road and known on the Tax Assessment Map
of the Town of Mamaroneck as Block 215 Parcel 476 on the
grounds of practical difficulty and/or unnecessary hard-
ship.
Mr. and Mrs. Arone appeared before the Board and Mrs.
Arone said they wanted to install an above ground pool.
It was pointed out that the sides around the pool are
unclimbable and there were railings on both sides. It
was, also, pointed out that the yard is enclosed and the
pool will drain into a drain that is on the property now.
The Board questioned the applicant as to whether the pool
®,,.► could not be moved closer to the house and after further
discussion the Board asked Mr. and Mrs. Arone if the vari-
ance was granted if they could amend the plan to show
the pool at least 5 to 6 ft. closer to the house. The
applicants agreed and the Board voted on the amended
application. The result was as follows:
Commissioner Boraczek - Aye
Commissioner Carr - Aye
Commissioner Mosher - Aye
The application was therefore approved as amended and
the following Resolution adopted:
WHEREAS, Mr. and Mrs. Ralph Arone have submitted
an application to the Building Inspector to
allow the installation of an above ground swimming
pool having side yards of 6 ft. and 8 ft. , 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 Zon-
ing Ordinance of the Town of Mamaroneck with
particular reference to Article IV Section 89-20
Subsection C [3] "Permitted Accessory Uses"
as permitted by the Building Code which requires
'N""" a minimum side yard setback of 15 ft. ,and
WHEREAS, Mr. and Mrs. Arone have submitted an
application for a variance on the ground of
+4
practical difficulty and/or unnecessary hard-
ship for the following reasons:
1. The proposed pool is positioned
as such, because the shape of the
yard limits site availability.
2. The pool is placed as far to
the rear of the yard as possible
so as to afford the neighbors maxi-
mum privacy.
WHEREAS, this Board has examined the plans,
reviewed the application and has heard all per-
sons interested in this application after pub-
lication of a notice thereof; and
WHEREAS, this Board has requested the applicants
to amend the plan to show the pool 5 to 6 ft.
closer to the house and the applicants have
agreed to amend the plan;
NOW, THEREFORE, BE IT
RESOLVED, that this Board granted the applica-
tion on the following grounds:
[a] That there are special circumstances
(:: and conditions applying to the land
for which a variance is sought, which
circumstances and/or conditions have
not resulted from any acts of the ap-
plicant subsequent to the date of the
Zoning Regulations appealed from.
[b] That the said circumstances and/
or conditions are as follows:
1. The applicants have agreed
to amend the application so that
the pool will be placed 5 to 6
ft. closer to the house.
2. Because of the shape of the
lot the pool could not be installed
without a variance.
3. That said circumstances and
conditions are such that the par-
ticular application of the Ordi-
nance with respect to Article
IV Section 89-21 Subsection C
[3] "Permitted Accessory Uses"
as permitted by the Building Code
would deprive the applicants of
the reasonable use of the land
and/or building and that the vari-
ance as granted by this Board
is a minimal adjustment that will
accomplish this purpose.
4. That the granting of the vari-
ance is in harmony with the general
purposes and intent of the Ordi-
nance 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
and that Article IV Section 89-20 Subsection C
[3] "Permitted Accessory Uses" in an R-6 One
Family Residence District as permitted by the
Building Code be varied and modified so as to
allow the installation of an above ground swim-
ming pool having side yards of 6 ft. and 8 ft.
on the premises located at 26 Revere Road and
known on the Tax Assessment Map of the Town of
Mamaroneck as Block 215 Parcel 476 in strict
conformance with the plans filed 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 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.
Mr. Boraczek asked the Secretary to read the next appli-
cation.
APPLICATION NO. 5 - CASE 641
Application of Mr. and Mrs. Kenneth Treitel for modifica-
tion of Article VI Section 89-34 Subsection B [3] "Construc-
tion Requirements for an R-7.5 One Family Residence Dis-
trict" which requires a minimum rear yard of 25 ft. to
allow the construction of a greenhouse creating a rear
yard of 21 ft. more or less on the premises located at
74 Lookout Circle and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 128 Parcel 325 on the grounds
',woe of practical difficulty and/or unnecessary hardship.
Mr. and Mrs. Kenneth Treitel appeared before the Board
and said that their main purpose for the greenhouse was
for solar heating and the greenhouse will be on the same
level as the basement. The applicants said they were limited
to the size of the panels they could have and the solar
heating will reduce their use of gas to heat. Mrs. Treitel
said she intends to use the greenhouse for flowers too.
After further discussion the Board decided to vote on the
application and the result was as follows:
Commissioner Boraczek - Aye
Commissioner Carr - Aye
Commissioner Mosher - Aye
The application was therefore approved and the following
Resolution adopted:
WHEREAS, Mr. and Mrs. Kenneth Treitel have sub-
mitted an application to the Building Inspector
to allow the construction of a solar greenhouse
at the rear of the dwelling having a rear yard
of 21'± 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 Article VI Sec-
tion 89-34 B [3] "Construction Requirements for
an R-7.5 One Family Residence District" which
requires a minimum rear yard of 25 ft. on the
premises located at 74 Lookout Circle and known
on the Tax Assessment Map of the Town of Mama-
roneck as Block 128 Parcel 325; and
WHEREAS, Mr. and Mrs. Kenneth Treitel have sub-
mitted an application to this Board for a vari-
ance on the ground of practical difficulty and/
or unnecessary hardship for the following reasons:
1. The proposed solar greenhouse is
provided in a prefabricated kit form
of predetermined size.
2. A small area of the room would
encroach upon the 25 ft. rear setback
but the additional solar collection
capacity made this size feasible for
the situation.
WHEREAS, this Board has examined the plans,
reviewed the application and has heard all per-
sons interested in this application after pub-
lication of a notice thereof,
NOW, THEREFORE, BE IT
, C
RESOLVED, that this Board granted the applica-
tion on the following grounds:
[a] That there are special circum-
stances and/or conditions applying -2 ,
111
to this land for which the variance
is sought, which circumstances and/
or conditions have not resulted from
any acts of the applicant subsequent
to the date of the Zoning Regulations
appealed from.
[b] That the said circumstances and/
or conditions are as follows:
1. The proposed solar greenhouse
will reduce the use of gas to
heat the house.
2. That said circumstances or
conditions are such that the
particular application of the
Ordinance with respect to Article
VI Section 89-34 Subsection B [3]
"Construction Requirements for
an R-7.5 One Family Residence
District" would deprive the ap-
plicant of the reasonable use
of the land and/or building and
that the variance as granted
by this Board is a minimal ad-
justment that will accomplish
this purpose.
3. That the granting of the
variance is 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 and that Article VI Section 89-34 Sub-
section B [3] "Construction Requirements for
an R-7.5 One Family Residence District" be
varied and modified so as to allow the construc-
tion of a greenhouse creating a rear yard of
21 ft. more or less on the premises located
at 74 Lookout Circle and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block
128 Parcel 325 in strict conformance with plans
filed with the application 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 building permit shall be void if
construction is not started within six months
and completed within two years of the date of
Qsaid permit.
FURTHER RESOLVED, that this decision be filed
with the Town Clerk as provided in Section 267
of the Town Law.
The Chairman asked the Secretary to read the next applica-
tion.
APPLICATION NO. 6 - CASE 642
Application of Mr. and Mrs. Arthur Grubert for modifica-
tion of Article VI Section 89-33 Subsection B [2] [a]
"Construction Requirements for an R-10 One Family Resi-
dence District" which requires a minimum side yard of
10 ft. to allow the construction of a one story addition
at the rear of the dwelling maintaining an existing non-
conforming side yard of 7.23 ft. on the premises located
at 18 Rockland Avenue and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 222 Parcel 369
on the grounds of practical difficulty and/or unnecessary
hardship.
Mr. Grubert appeared before the Board and said that what
is now a screened porch they want to make into a family
room with a bathroom. The applicant said they would pro-
bably, also, use the family room at times for his father
and his wife's mother when they come to stay.
It was pointed out that the addition will not encroach
any further than the present building.
Dr. Alan Mason of 482 Weaver Street said he had no objec-
tion to the addition.
After further discussion the Board decided to vote on
the application and the result was as follows:
Commissioner Boraczek - Aye
Commissioner Carr - Aye
Commissioner Mosher - Aye
The application was therefore approved and the following
Resolution adopted:
WHEREAS, Mr. and Mrs. Arthur Grubert have sub-
mitted an application to the Building Inspector
to allow the construction of a one story addi-
tion at the rear of the dwelling maintaining
an existing nonconforming side yard of 7.23 ft.
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 Article VI Sec-
tion 89-33 Subsection B [2] [a] "Construction
Requirements for an R-10 One Family Residence
District" which requires a minimum side yard
of 10 ft. on the premises located at 18 Rockland
Avenue and known on the Tax Assessment Map of
the Town of Mamaroneck as Block 222 Parcel 369;
and
WHEREAS, Mr. and Mrs. Arthur Grubert have sub-
mitted an application to this Board for a vari-
ance on the ground of practical difficulty and/
or unnecessary hardship for the following reasons:
1. The house has only one bathroom
with five people in the family and there
is need for a second one.
2. Mr. Grubert's father and Mrs. Grubert's
mother both have had heart attacks and
if they stop for an extended period
it is a hardship to keep climbing the
stairs to the second floor bathroom.
3. The bedrooms are on the second floor
and the applicants would like to add
a family room large enough to have a
sleep sofa and a bathroom but it's tight
and every square foot makes a difference.
4. Therefore the applicants want to
make the addition as wide as the pre-
sent house but not to extend beyond
it.
WHEREAS, this Board has examined the plans, re-
viewed 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 granted the applica-
tion on the following grounds:
[a] That there are special circumstances
and/or conditions applying to this
land for which the variance is sought,
which circumstances and/or conditions
have not resulted from any acts of
the applicant subsequent to the date
of the Zoning Regulations appealed
from.
[b] That the said circumstances and/
or conditions are as follows:
1. The proposed addition
will provide a family room
and an extra bathroom for
the applicant's family.
2. Proposed addition will
'�. not project beyond the side
of the existing dwelling.
3. That said circumstances
or conditions are such that
the particular application
of the Ordinance with res-
pect to Article VI Section
89-33 Subsection B [2] [a]
"Construction Requirements
for an R-10 One Family Resi-
dence District" would deprive
the applicant of the reason-
able use of the land and/or
building and that the vari-
ance as granted by this Board
is a minimal adjustment that
will accomplish this purpose.
4. That the granting of
the variance is in harmony
with the general purposes
and intent of this Ordinance
and will not be injurious
to the neighborhood or other-
wise detrimental to the pub-
lic welfare; and it is
FURTHER RESOLVED, that a variance is hereby
granted and that Article VI Section 89-33 Sub-
section B [2] [a] "Construction Requirements
for an R-10 One Family Residence District"
of the Zoning Ordinance be varied and modified
so as to allow the construction of a one story
addition at the rear of the dwelling maintain-
ing an existing nonconforming side yard of
7.23 ft. on the premises located at 18 Rock-
land Avenue and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 222
Parcel 369 in strict conformance with plans
filed with this application 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 building permit shall be void if
4r10 construction is not started within six months
and completed within two years of the date
of said permit.
Mr. Boraczek asked the Secretary to read the next applica-
tion.
APPLICATION NO. 7 - CASE 643
Application of Dr. and Mrs. Henry Makover for modification
of Article III Section 89-12 "Lot Subdividing" subject to
Article VI Section 89-32 Subsection A [1&2] "Construction
Requirements for an R-15 One Family Residence District"
which requires a minimum lot area of 15,000 sq. ft., a mini-
mum lot width and street line frontage of 100 ft. to allow
a lot subdivision creating a lot occupied by a one family
dwelling having a lot area of 12,282 sq. ft. with a lot
frontage of 93.75 ft., and lot width of 97 ft. more or less
on the premises located at 3 Country Road and known on the
Tax Assessment Map of the Town of Mamaroneck as Block 320
Parcel 1 on the grounds of practical difficulty and/or un-
necessary hardship.
Dr. Makover appeared before the Board and the Chairman said
that if the variance was granted it would have to be con-
ditioned on Planning Board approval.
Mr. Mosher asked how long the applicant had owned the pro-
perty and Dr. Makover said when construction was started
it was under the old zoning but when he purchased the house
in 1959 the new zoning was in effect. The applicant stated
(:: that a ysar or so after he had bought the house he purchased
the second lot and in 1964 had the pool and cabana constructed
on that lot.
Dr. Makover stated that his hardship was that his wife is
disabled and expects to be operated on and have artificial
knee replacements for both knees. The applicant further
said he wants to subdivide the lot and build a house enclos-
ing the existing swimming pool. Dr. Makover, also, said
that the new house will be built for a disabled person.
Mr. Boraczek read a letter from Dr. and Mrs. Nelson of 1
Country Lane in which they said the new house was a medi-
cal necessity and the zoning change will enable the Makovers
to continue living here.
A petition signed by five neighbors was read by the Chair-
man in which the following neighbors said they had no ob-
jection to the applicant building a new residence:
Mr. Richard Gramaglia, 5 Country Road
Mrs. Angela Cinguino, 6 Country Road
Mr. A. Paul Jenisch, 2 Country Road
Mr. Shoho Inata, 812 Fenimore Road
Mrs. Doris Cohn, 820 Fenimore Road
After further discussion the Board decided to vote on the
application and the result was as follows:
Commissioner Boraczek - Aye
Commissioner Carr - Aye
Commissioner Mosher - Aye
�._,_
The application was therefore approved with the condition
that the applicant obtain approval from the Planning Board
�•. for the subidivision of the lot and the following Resolution
was adopted:
WHEREAS, Dr. and Mrs. Henry Makover have submitted
an application to the Building Inspector to allow
a lot subdivisioitreating a lot occupied by a
one family dwelling having a lot area of 12,283
sq. ft. with a lot frontage of 93.75 ft. and
lot width of 97 ft. more or less, 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 Article III Sec-
tion 89-12 "Lot Subdividing" subject to Article
VI Section 89-32 Subsection A [1&2] "Construc-
tion Requirements for an R-15 One Family Resi-
dence District" which requires a minimum lot
area of 15,000 sq. ft., a minimum lot width and
street line frontage of 100 ft. on the premises
located at 3 Country Road and known on the Tax
Assessment Map of the Town of Mamaroneck as Block
320 Parcel 1; and
WHEREAS, Dr. and Mrs. Henry Makover have submitted
an application for a variance on the ground of
practical difficulty and/or unnecessary hardship
for the following reasons:
1. By permitting this subdivision
a new residence is to be built on
the adjoining piece of property for
the applicants.
2. Mrs. Makover has a great deal
of difficulty walking and must use
a wheel chair most of the time and
would be better able to use a house
built for a disabled person on one
floor.
3. The swimming pool is to be enclosed
with an all weather structure [part
of the house] to permit year round
use for needed exercise regimen. which
would be beneficial to Mrs. Makover's
physical well-being.
WHEREAS, this Board has examined the plans,
reviewed the application and has heard all per-
sons interested in this application after pub-
0°"°• lication of a notice thereof,
NOW, THEREFORE, BE IT
RESOLVED, that this Board granted the applica-
tion on the following grounds:
1
"" [a] That there are special circumstances
and conditions applying to the land
for which .a variance is sought, which
circumstances and/or conditions have
not resulted from any acts of the ap-
plicant subsequent to the date of the
Zoning Regulations appealed from.
[b] That the said circumstances and/
or conditions are as follows:
1. That said circumstances
or conditions are such that
the particular application
of the Ordinance with res-
pect to Article III Section
89-12 "Lot Subdividing"
subject to Article VI Sec-
tion 89-32 Subsection A
[1&2] "Construction Require-
ments for an R-15 One Family
Residence District" would
deprive the applicant of
the reasonable use of the
(:2 land and/or building and
that the variance as granted
by this Board is a minimal
adjustment that will accom-
plish this purpose.
2. That the granting of
the variance is in harmony
with the general purposes
and intent of this Ordin-
ance and will not be injur-
ious to the neighborhood
or otherwise detrimental
to the public welfare; and
it is
FURTHER RESOLVED, that a variance is hereby granted
and that Article III Section 89-12 "Lot Subdividing"
subject to Article VI Section 89-32 Subsection
A [1&2] "Construction Requirements for an R-15
One Family Residence District" be varied and
modified so as to allow the subdivision of a
lot creating a lot occupied by a one family dwell-
ing having a lot area of 12,283 sq. ft. with
a lot frontage of 93.75 ft. and a lot width of
97 ft. more or less on the premises located at
3 Country Road and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 320 Par-
cel 1 in strict conformance with plans filed
with this application subject to the following
condition provided that the applicant complies
in all other respects with the Zoning Ordinance
and Building Code of the Town of Mamaroneck.
The applicant obtain approval from the
Planning Board for the subdivision of
the lot.
FURTHER RESOLVED, that this decision be filed
with the Town Clerk as provided in Section 267
of the Town Law.
The Chairman asked the Secretary to read the next appli-
cation.
APPLICATION NO. 8 - CASE 644
Application of Mr. and Mrs. Martin D. McNeil for modifi-
cation of Article VI Section 89-33 Subsection B [2] [a]
& B [2] [b] "Construction Requirements for an R-10 One
Family Residence District" which requires a minimum side
yard of 10 ft. and a total of both side yards of 25 ft.
to allow the construction of a one story addition at the
easterly side of the dwelling and a wood deck at the rear
of the dwelling having a side yard of 6.57 ft. and a total
of both side yards of 10.19 ft. on the premises located
at 128 Hickory Grove Drive and known on the Tax Assessment
Map of the Town of Mamaroneck as Block 214 Parcel 96; and
Mr. and Mrs. Martin McNeil appeared before the Board and
Mrs. McNeil said that the porch is presently separating
from the house and cannot be repaired without tearing it
down. The applicant said the porch is small and serves
no purpose being presently on piers and the proposed ad-
dition will have a foundation. Mrs. McNeil, also, said
they would like to enlarge the kitchen and presently they
have to go down a long flight of stairs to the patio.
The applicant further said that because of the topography
of the lot which slopes in the back they would like the
deck for a safe and convenient access to a flat area in
the back yard.
Mr. Paonessa said that the lot is odd-shaped and the pro-
posed deck will be raised a full story.
The Chairman read a letter from Mr. and Mrs. George M.
Leiner of 15 Rocky Road in which they said they had no
objection whatsoever.
Mr. Boraczek also read a letter from Mr. Richard F. Creedy
of 126 Hickory Grove Drive, who lives next door to the
applicants and in his letter he said he was in total ap-
proval of the plans and felt it would enhance the property
substantially.
After further discussion the Board decided to vote on the
application and the result was as follows:
Commissioner Boraczek - Aye
Commissioner Carr - Aye
Commissioner Mosher - Aye
The application was therefore approved and the following
Resolution adopted:
WHEREAS, Mr. and Mrs. Martin McNeil have submitted
an application to the Building Inspector to allow
the construction of a one story addition at the
easterly side of the dwelling and a wood deck
at the rear of the dwelling having a side yard
of 6.57 ft. and a total of both side yards of
10.19 ft. , 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 Article VI Sec-
tion 89-33 Subsection B [2] [a] & B [2] [b] "Con-
struction Requirements for an R-10 One Family
Residence District" which requires a minimum
side yard of 10 ft. and a total of both side
yards of 25 ft. on the premises located at 128
Hickory Grove Drive and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block 214
Parcel 96; and
WHEREAS, Mr. and Mrs. Martin McNeil have submitted
an application to this Board for a variance on
the ground of practical difficulty and/or unnec-
essary hardship for the following reasons:
1. The porch is separating from the
house, the supports are sinking and
the applicants cannot open the back
door. The porch at present does not
serve a purpose.
2. The applicants would like to cor-
rect the problems and at the same
time slightly enlarge the narrow kitchen,
moving the table on to the porch so
the kitchen space can be put to better
use.
3. The oddly shaped lot slopes in
the back yard area and the applicants
want a safe and convenient access
to a flat area.
4. The proposed deck would allow
them to eat outside without carrying
everything up and down a long flight
of stairs and through the basement.
Nftw
5. The proposed deck would give the
applicant's children a flat place
to play and easier access to super-
vise their activities.
WHEREAS, this Board has examined the plans, re-
viewed 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 granted the applica-
tion on the following grounds:
[a] That there are special circumstances
and conditions applying to the land
for which a variance is sought, which
circumstances and/or conditions have
not resulted from any acts of the ap-
plicant subsequent to the date of the
Zoning Regulations appealed from.
[b] That the said circumstances or
conditions are as follows:
1. The porch needs to be
repaired and the addition
will make a more usable space.
2. Because of the topography
(:: of the lot the proposed deck
will provide easier access
to the back yard.
3. That said circumstances
or conditions are such that
the particular application
of the Ordinance with respect
to Article VI Section 89-33
Subsection B [2] [a] & B [2]
[b] "Construction Requirements
for an R-10 One Family Resi-
dence District" would deprive
the applicant of the reason-
able use of the land and/or
building and that the vari-
ance as granted by this Board
is a minimal adjustment that
will accomplish this purpose.
4. That the granting of the
variance is in harmony with
the general purposes and intent
of the Ordinance and will
not be injurious to the neigh-
s^ borhood or otherwise detri-
*grop,, mental to the public welfare;
and it is
FURTHER RESOLVED, that a variance is hereby
"ro c 3
granted and that Article VI Section 89-33 Sub-
section B [2] [a] & B [2] [b] "Construction
Requirements for and R-10 One Family Residence
District" be varied and modified so as to allow
the construction of a one story addition at
the easterly side of the dwelling and a wood
deck at the rear of the dwelling having a side
yard of 6.57 ft. and a total of both side yards
of 10.19 ft. on the premises located at 128
Hickory Grove Drive and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block
214 Parcel 96 in strict conformance with plans
filed with this application 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 building permit shall be void if
construction is not started within six months
and completed within two years of the date of
said permit.
Mr. Boraczek asked the Secretary to read the next appli-
cation.
APPLICATION NO. 9 - CASE 645
Application of Mr. Thomas Dolan for modification of Ar-
ticle VI Section 89-33 Subsection B [3] "Construction
Requirements for an R-10 One Family Residence District"
which requires a minimum rear yard of 25 ft. to allow
the construction of a wood deck and one story addition
at the rear of the dwelling having a rear yard setback
of 11 ft. instead of the required rear yard setback of
25 ft. on the premises located at 101 Rockland Avenue
and known on the Tax Assessment Map of the Town of Mama-
roneck as Block 210 Parcel 548 on the grounds of practi-
cal difficutly and/or unnecessary hardship.
Mr. Dolan appeared before the Board and said they had
moved into the house three years ago. The applicant said
that the problem with the porch has gotten progressively
worse and it will have to be taken down. Mr. Dolan stated
that they planned to construct a new screen porch and
family room with a wood deck at the rear.
Mr. Dolan presented two letters from his neighbors which
�" were read by the Chairman. Mr. and Mrs. H. George Thomas
of 109 Rockland Avenue and Mr. and Mrs. Joseph Swift of
97 Rockland Avenue both said in their letters that they
had seen and discussed the proposed plan and had no ob-
jection.
D-01
After further discussion the Board decided to vote on
the application and the result was as follows:
Commissioner Boraczek - Aye
Commissioner Carr - Aye
Commissioner Mosher - Aye
The application was therefore approved and the following
Resolution adopted:
WHEREAS, Mr. Thomas Dolan has submitted an ap-
plication to the Building Inspector to allow the
construction of a wood deck and one story addi-
tion at the rear of the dwelling having a rear
yard setback of 11 ft. , 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 Ordi-
nance of the Town of Mamaroneck with particular
reference to Article VI Section 89-33 Subsection
B [3] "Construction Requirements for an R-10 One
Family Residence District" which requires a rear
yard setback of 25 ft. on the premises located
at 101 Rockland Avenue and known on the Tax Assess-
ment Map of the Town of Mamaroneck as Block 210
Parcel 548; and
(:. WHEREAS, Mr. Thomas Dolan has submitted an appli-
cation to this Board for a variance on the ground
of practical difficulty and/or unnecessary hard-
ship for the following reasons:
1. To facilitate the addition of a
much desired family room at the rear
of the house a 4't infringement of the
rear setback occurs at one corner of
the proposed addition. Otherwise the
use of the rear yard for this addition
is appropriate.
2. The resultant deck area allows the
occupants to use the rear yard which
has a significant slope because of natural
contours not easy to change.
3. The proposed addition replaces a
much used screened porch and creates
a new screened porch adjacent to the
new addition.
WHEREAS, this Board has examined the plans, re-
viewed the applcation 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 applica-
tion on the following grounds:
[a] That there are special circumstances
and conditions applying to the land
for which a variance is sought, which
circumstances and/or conditions have not
resulted from any acts of the applicant
subsequent to the date of the Zoning
Regulations appealed from.
[b] That the said circumstances and/
or conditions are as follows:
1. The proposed addition will
provide a new screened po ch
and family room which nee to
be taken down.
2. The proposed deck will al-
low the applicant a more useable
outdoor area.
3. That said circumstances or
conditions are such that the
particular application of the
Ordinance with respect to Article
VI Section 89-33 Subsection B
[3] "Construction Requirements
for an R-10 One Family Residence
District" would deprive the ap-
plicant of the reasonable use
of the land and/or building and
that the variance as granted
by this Board is a minimal ad-
justment that will accomplish
this purpose.
4. That the granting of the
variance is 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
and that Article VI Section 89-33 Subsection
B [3] "Construction Requirements for an R-10
One Family District" be varied and modified so
as to allow the construction of a wood deck and
one story addition at the rear of the dwelling
having a rear yard of 11 ft. in strict conform-
el.' ance with plans filed with this application pro-
"sim. vided that the applicant complies in all other
respects with the Zoning Ordinance and Building
Code of the Town of Mamaroneck.
1
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.
The Chairman asked the Secretary to read the last appli-
cation.
APPLICATION NO. 10 - CASE 646
Application of Mr. William Cassin, Contract Vendee, for
modification of Article VII "Construction Requirements
in a "B" Business District" Section 89-41 Subsection A
[3] which permits a maximum building coverage of 25%,
Subsection B [3] which requires a minimum rear yard of
25 ft. with a 10 ft. wide evergreen landscape screen,
Subsection C which permits a maximum of two stories and
a maximum height of 30 ft., Subsection E which requires
(:: a minimum of 128 parking spaces to allow the construction
of a three story office building having a building cover-
age of 100%, a rear yard of 0 ft. , without landscape screen,
a maximum floor area of 25,550 sq. ft. or 241% of lot
area, a maximum height of 3 stories and 39.5 ft. and off-
street parking for 36 cars on the premises located at
178 Myrtle Boulevard and known on the Tax Assessment Map
of the Town of Mamaroneck as Block 133 Parcel 627 on the
grounds of practical difficulty and/or unnecessary hard-
ship.
Mr. Paul Monsell, an Attorney of 1 Water Street, White
Plains, New York, represented the applicant.
The Board decided not to hear the application until the
applicant received a determination from the Planning Board
regarding the EIS since the Planning Board is the Lead
Agency for SEQR.
bk
ita A. Joh , Secretary
0.66'