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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'