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HomeMy WebLinkAbout1984_08_22 Zoning Board of Appeals Minutesir MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD AUGUST 22, 1984, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK CALL TO ORDER The meeting was called to order by the acting Chairman, Mr. Peter Mosher at 8:15 P.M. ROLL CALL Present: Mr. Peter Mosher, Acting Chairman Mr. Egbert R. Hardesty Mrs. Anne McAndrews Absent: Mr. A. William Boraczek, Chairman Mr. J. Rene Simon Also Present: Mr. Lee Hoffman, Jr. , Town Counsel Dr. Lawrence Lerman, Town Councilman The Chairman explained to those present that since only three members were present their application would have to have an unanimous vote and they had the privilege of adjourning their case to another hearing when at least four members might be present. ® Mr. Mosher asked the Secretary to read the first applica- tion. APPLICATION NO. 1 - CASE 667 Application of Mr. Richard Beninati for modification of Article IV Section 89-20 (3) "Permitted Accessory Uses" (as permitted by Building Code 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. 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 difficulty and/ or unnecessary hardship. Mr. Beninati presented his application and showed pictures of the proposed pool which is above ground. The applicant explained that it would be installed on an existing flag- stone patio. Mr. Beninati further said that he had made the same appli- cation back in September of 1983 and had been denied because there was opposition by several neighbors. The applicant © said that the neighbor who had lived next door had the most opposition and has since moved . Mrs. McAndrews questioned about the landscaping on the property and it was pointed out that the area where the 4 mimminimmoi dr proposed pool would be located is a private area. ® Mr. Beninati presented a letter which was read by Mr. Mosher signed by the following neighbors stating that they had ssen the plans and had no objection to the variance being granted: Mr. and Mrs. Francis J. Stock 700 Forest Avenue Mr. and Mrs. John Johnson 409 Weaver Street Mr. and Mrs. Robert Sallinger 283 Murray Avenue Mr. and Mrs. Steven J. Rago 274 Murray Avenue Mr. Beninati, also, said he had spoken to Mr. Rogers of 411 Weaver Street who said he had no objection. Miss Johnson of 409 Weaver Street was present and said she was in favor of the application. Mr. Galalo who also lives at 272 Murray Avenue said he was in favor of the application. On motion made by Mr. Hardesty and seconded by Mrs. McAndrews with all three members voting in favor the application was approved 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 Mamaroneck with particu- lar reference to Article IV Section 89-20 C (3) "Permitted Accessory Uses" (as permitted by Build- ing 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 of Mamaroneck as Block 107 Parcel 677; and 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, reviewed the application and has heard all per- sons interested in this application after pub- lication 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 proposed location for the pool is the most practical and private. 2. Due to the requirements of the Zoning Ordinance, ® the only site to place the pool without a variance is in the yard nearest to the corner of Murray and Forest Avenues. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article IV Section 89-20 Section 3 "Permitted Accessory Uses" (as permitted by Building Code Article XXIII Section 14-133 A (1) & (2)) would deprive the applicant of the reasonable use of the land and/or build- ing and that the variance as granted by this Board is a minimum adjustement 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 IV Section 89-20 (3) "Permitted Accessory Uses" (as permitted by Building Code Article XXIII Section 14-133 A (1) & (2))be varied and modified so as 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 Par- cel 677 in strict conformance with plans filed with this application provided that the appli- cant 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 applica- tion. APPLICATION NO. 2 - CASE 668 Application of Mr. and Mrs. Charles Spiridon for modifica- tion of Article VI Section 89-33 Subsection B (2) (a) & (b) "Construction Requirements for an R-10 One Family Resi- dence 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 one story additions to rear easterly side of dwelling and a second story addition to the westerly side of the dwelling maintaining existing nonconforming side yards of 5.4 ft. and 5.1 ft. and a total of both side yards of 10.5 ft. on the premises located at 20 Little Farms Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 116 on the grounds of prac- tical difficulty and/or unnecessary hardship. Mr. Spiridon presented his application to the Board and ® said he had an applcation approved at the March meeting but at the suggestion of his Architect had decided to change the plan to add a gallery which will help the flow of traf- fic. It was pointed out that in terms of the variance the side yards will not be changed. The applicant gave the Board three letters from his neigh- © bors which were read by Mr. Mosher. In the letters they said they had seen the new plan including the gallery and had no objection. The neighbors who signed the letters were as follows: Mr. and Mrs. Robert Cammer 18 Little Farms Road Mr. Lawrence A. Fox 21 " Mr. Westerick 22 After further discussion the Board on motion made by Mr. Hardesty and seconded by Mrs. McAndrews and on a vote of 3 to 0 approved the application and the following Resolu- tion was adopted: WHEREAS, Mr. and Mrs. Charles Spiridon have sub- mitted an application to the Building Inspector to allow the construction of one story additions to rear easterly side of dwelling and a second story addition to the westerly side of the dwell- ing maintaining existing nonconforming side yards of 5.4 ft. and 5.1 ft. and a total of both side yards of 10.5 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) "Construc- tion Requirements for an R-10 One Family Resi- dence 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 20 Little Farms Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 116; and WHEREAS, Mr. and Mrs. Charles Spiridon have sub- mitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1. To provide additional space to suit the applicants existing and fore- casted family needs. 2. To improve their living environ- ment. 3. To allow the applicants to remain in their location and Town to which they feel attached - as opposed to moving elsewhere. 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 C 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 11) - plicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances or conditions are as follows: 1. The decision to change the plan makes it more prac- tical. 2. The proposed additions are not extending the noncon- formity on the side yard and will not extend into the front yard any further than the existing structure. 3. The proposed locations are the only practical and feasible way which will still maintain a conforming rear yard. 4. There was no opposition from the neighbors who are in the closest proximity. 5. 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) "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 minimum adjustment that will accomplish this purpose. 6. That the granting of the variance is in harmony with the general purposes and in- tent of this Ordinance and will not be injurious to the 1k neighborhood or otherwise detri- mental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 Sub- section B (2) (a) & (b) "Construction Require- ments for an R-10 One Family Residence District" be varied and modified so as to allow the con- struction of one story additions to rear easterly side of the dwelling and a second story addi- tion to the westerly side of dwelling maintain- ing existing nonconforming side yards of 5.4 ft. and 5.1 ft. and a total of both side yards of 10.5 ft. on the premises located at 20 Little Farms Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 116 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 Mama- roneck. 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 application. APPLICATION NO. 3 - CASE 669 Application of Mr. and Mrs. Steven Vierengel for modifi- cation of Article VI Section 89-35 Subsection B (2) "Con- struction Requirements for an R-6 One Family Residence District" which requires a minimum side yard of 8 ft. to allow an addition at the rear of the dwelling maintaining an existing nonconforming side yard of 6 ft. on the premises located at 5 Copley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 778 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. McAndrews said she lived two doors down from the ap- plicant and did not know whether she could legally vote. Mr. Hoffman advised that the Board could hear the appli- cation if the applicants were willing and he would find out if it was legal for Mrs. McAndrews to vote. Mr. and r7 Al 11 Mrs. Vierengel said they were willing to have Mrs. McAndrews vote if possible. Mr. Vierengel presented his application and said that they want to extend the dining room and kitchen at the rear of the dwelling. The applicant explained that the dining room is very small and the kitchen is not an "eat-in". Mr. Vierengel said if the variance is allowed the kitchen will be a "working" kitchen and there will be more space in the dining room. Mr. Hoffman asked the applicants if they had decided to have the Board vote or hold the decision until the other members could be polled. The applicants requested that the Board vote on the application. After further discussion a motion was made by Mr. Hardesty and seconded by Mrs. McAndrews with the three members voting in favor that the application be approved and the follow- ing Resolution was adopted: WHEREAS, Mr. and Mrs. Steven Vierengel have sub- mitted an application to the Building Inspector to allow an addition to the rear of the dwell- ing maintaining an existing side yard of 6 ft. , together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans failed to comply with Article VI Section 89-35 Subsection B (2) "Construction Requirements for an R-6 One Family Residence District" which re- quires a minimum side yard of 8 ft. on the pre- mises located at 5 Copley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 778; and WHEREAS, Mr. and Mrs. Steven Vierengel have sub- mitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1. The existing dining room and kit- chen are very small. 2. The proposed addition will not ex- tend any further than the existing building to the property line on the right side of the house. 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 RESOLVED, that this Board granted the applica- tion on the following grounds: JI (a) That there are special circumstances ® and conditions applying to the land for which the 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 the proposed addi- tion is minor and is the most practical. 2. The proposed addition will not extend into the side yard any further than the existing building. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-35 Subsection B (2) "Con- struction Requirements for Q an R-6 One Family Residence District" would deprive the applicant 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 this Ordinance and will not be injurious to the neighborhood or other- wise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-35 Subsection B (2) "Construction Requirements for an R-6 One Family Residence District" be varied and modi- fied so as to allow the construction of an ad- dition at the rear of the dwelling maintaining ® an existing nonconforming side yard of 6 ft. on the premises located at 5 Copley Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 409 Parcel 778 in strict conformance with plans filed with this applica- tion 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. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 10:00 P.M. Rita A. Johns , Secretary 0