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HomeMy WebLinkAbout1984_02_22 Zoning Board of Appeals MinutesrF".- MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE 411 TOWN OF MAMARONECK HELD FEBRUARY 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 Chairman at 8:20 P.M. ROLL CALL Present: Mr. A. William Boraczek, Chairman Mr. Egbert R. Hardesty Mr. Peter D. Mosher Mr. J. Rene Simon Absent: Mr. Stephen K. Carr Also present: Mr. William Paonessa, Building Inspector Mr. Steven Silverberg, Town Counsel Dr. Lawrence Lerman, Councilman APPROVAL OF MINUTES The minutes of the meeting of November 30, 1983, were pre- sented 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 asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 651 Application of Mr. Steven Kantor for modification of Ar- ticle VI Section 89-30 Subsection A (2) & B (3) "Construc- tion Requirements for an R-30 One Family Residence District" which requires a minimum lot width and street line frontage 125 ft. on a public street and a minimum rear yard of 50 ft. to allow the construction of a two story addition at the rear of the dwelling located on an interior lot hav- ing no frontage on public street (Fenimore Road) and main- taining an existing nonconforming rear yard of 41'± on the premises located at Fenimore Road (Grand Park Avenue) and known on the Tax Assessment Map of the Town of Mama- roneck as Block 301 Parcel 327 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mr. Kantor appeared before the Board and said he has three children and there is not an adequate number of bedrooms. Mr. Kantor stated that the only practical location for the addition is over the garage. It was pointed out that rF"-- 49 the addition will not extend beyond the existing building. Mr. Kantor further said that the house at present has three bedrooms. Mr. Arnold Wile, who is the Architect, for the applicant said the proposed addition will be above an existing gar- age and they will not be extending the existing nonconform- ity. It was pointed out that part of the house is in Scars- dale and they will have to receive a permit from the Vill- age of Scarsdale for other additions. It was, also, pointed out that the actual front of the house is the side facing the swimming pool. Mr. Boraczek read a letter from the Fire Chief of the Town of Mamaroneck in which he said he had inspected the pro- perty and in its present state the easement off of Feni- more Road, in the Town of Mamaroneck, is adequate for fire apparatus but if any alteration is made to the driveway or curb in the front of the house it will warrant further inspection and consideration. A le tter was, also, read by the Chairman from the Chief of Police of the Town of Mamaroneck in which he said he had inspected the house and finds no problem in getting to the house in question or the other two houses on the street in emergency situations. Chief Baumblatt further went on to say in his letter that at no time to his know- ledge has there ever been a problem in rendering emergency service to the families on this street. The Town Counsel pointed out that according to Section 280a of the Town Law which requires frontage of at least the minimum width for the zone in which it is located on a street which has been suitably improved should also be varied if the Board approves the application. After further discussion the Board voted on the applica- tion and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Mosher - Aye Commissioner Simon - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. Steven Kantor has submitted an ap- plication to the Building Inspector to allow the construction of a two story addition at the rear of the dwelling located on an interior lot having no frontage on a public street (Fenimore Road) and maintaining an existing nonconforming rear yard of 41'±, together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans 16. <7 � () , submitted failed to comply with Town Law 280a and the Zoning Ordinance of the Town of Mamaro- neck with particular reference to Article VI Section 89-30 Subsection A (2) & B (3) "Construc- tion Requirements for an R-30 One Family Resi- dence District" which requires a minimum lot width and street line frontage of 125 ft. on a public street and a minimum rear yard of 50 ft. on the premises located on Fenimore Road (Grand Park Avenue) and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 301 Parcel 327; and WHEREAS, Mr. Steven Kantor has submitted an ap- plication for a variance on the ground of prac- tical difficulty and/or unnecessary hardship for the following reasons: 1. The applicant is not increasing the amount of nonconformity of the house. 2. There is no other practical place to build a new family room on the 1st floor and new bedroom and study on the 2nd floor. 3. There is suitable access for pub- lic services to the house. (Fire and Police) 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 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. The original building permit was issued prior to the Town Law requiring access to public streets and there is sufficient existing ac- cess for police, fire and sanitation services. '1/ 4, 2. The proposed addition at the rear of the dwelling will be constructed above an existing garage and con- crete terrace and will not encroach any closer in the rear yard than the present structure. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-30 Subsection A (2) & B (3) "Construction Require- ments for an R-30 One Family Residence District" 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 minimum adjustment that will accom- plish 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 89-30 Subsection A (2) & B (3) "Construction Requirements for an R-30 One Family Residence District" and Sec- tion 280a of the Town Law be varied and modified so as to allow the construction of a two story addition at the rear of the dwelling located on an interior lot having no frontage on a pub- lic street and maintaining an existing noncon- forming rear yard of 41'± on the premises located at Fenimore Road (Grand Park Avenue) and known on the Tax Assessment Map of the Town of Mama- roneck as Block 301 Parcel 327 in strict conform- ance with plans filed with this application pro- vided 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 652 Application of Mr. Charles Spiridon for modification of Article VI Section 89-33 Subsection B (2) (a) & (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. to allow the construction of one story additions to rear westerly side of the dwelling maintaining existing nonconforming side yard 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 appeared before the Board and asked that his application be postponed for another month. Mr. West- rick of 22 Little Farms Road, who is the applicant's neigh- bor said they have had good neighborly relations and do not want it to change. The applicant and his neighbor would like to try to work out something that will be agree- able to both parties. ADJOURNMENT The regular meeting was adjourned in memory of a former member, Peter G. Moore, who died on November 1, 1983, and the following Resolution was adopted: WHEREAS, Peter G. Moore, a resident of the Town of Mamaroneck died on the 1st day of November, 1983, and WHEREAS, Peter served as a member of the Town's Zoning Board of Appeals from 1976 until tender- ing his resignation on September 14, 1983, and WHEREAS, during his entire tenure of office he worked with the Zoning Board with diligence and perception, contributing his valuable skills, knowledge, expertise and understanding to all aspects of the matters before this Board ever mindful of the welfare of those who appealed to the Board and acting always in their best interest, and 4119 WHEREAS, he further served his community in many other civic and business posts with outstanding ability, NOW, THEREFORE, BE IT RESOLVED, that the members of this Board convey to Mrs. Moore and the members of her family our deep sense of loss, grief and sorrow, and be it FURTHER RESOLVED, that this meeting stands ad- journed this evening in respect to and in honor of the memory of - PETER G. MOORE and this Reso- lution be entered upon the minutes of this meet- ing as a permanent and lasting tribute to him. There being no further business to come before this meet- ing it was adjourned at 9:15 P.M. Rita A. John n, Secretary