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HomeMy WebLinkAbout1984_07_18 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 18, 1984, IN THE AUDITORIUM OF THE WEAVER STREET FIREHOUSE, WEAVER STREET AND EDGEWOOD 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. Egbert R. Hardesty Mr. Peter D. Mosher Mr. J. Rene Simon Mrs. Anne McAndrews Also present: Mr. William Paonessa, Building Inspector Mr. Steven Silverberg, Town Counsel Dr. Lawrence Lerman, Town Councilman Mr. Stephen Altieri, Town Administrator APPROVAL OF MINUTES The minutes of the meeting of May 23, 1984 were presented and on motion duly made and seconded approved as submitted. The Chairman asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 660 Application of Estate of Esther Croll for modification of Article VI Section 89-34 Subsection B (3) "Construction Requirements for an R-7.5 One Family Residence District" which requires a minimum rear yard of 25 ft. to maintain an existing enclosed porch at the rear of the dwelling having a rear yard of 22.75 ft. on the premises located at 4 Bryson Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Parcel 63 on the grounds of practical difficulty and/or unnecessary hard- ship. Mr. Forbes, an Attorney of 7 Woodland Avenue, Larchmont, represented the applicant and said that he had presented the members of the Board with a memorandum and a petition signed by several of the neighbors. Mr. Forbes stated that they were asking for a variance of 22 ft. in the rear yard and the porch was there when his client bought the property in 1970. Mr. Forbes fur- ther said that the Town records show that the porch was there in 1968 and since his client now wants to sell the property the title search revealed that a variance would be required which they were not aware of when they purchased the house. Fr- 491 In conclusion Mr. Forbes said that the neighborhood would not be affected since three of the four adjoining neigh- bors were not opposed. Mrs. McAndrews questioned about the plan and Mr. Paonessa pointed ou that the applicant was requesting a building permit and a Certificate of Occupancy. Mr. Boraczek read the letter that had been signed by three of the adjoining neighbors in which they said they had no opposition to the granting of the variance. After further discussion on motion made and seconded the Board approved the application on a vote of 5 to 0 and the following Resolution was adopted: WHEREAS, the Estate of Esther Croll has submitted an application to the Building Inspector to permit an existing enclosed porch which was constructed having a rear yard of 22.85 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 Section 89-34 Subsection 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 4 Bryson Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Parcel 63; and WHEREAS, the Estate of Esther Croll has submitted an application to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. The rear yard deficiency of less than 3 feet existed when the property was purchased in 1970 and existed accord- ing to the Town Assessor's record in 1968. 2. The variance is needed to comply with the law and remove cloud on title for sale of property. 3. There is no harm to adjacent pro- perties at the side and rear. 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- r11* tion on the following grounds: Q1. The porch was in existence prior to the time the property was purchased by the applicant. 2. If the Estate was required to remove the porch it would cause a great hard- ship economically. 3. That said circumstances and condi- tions are such that the particular ap- plication 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 applicant of the reason- able 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. 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 otherwise detrimental to the public Qwelfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 Subsection B (3) "Construction Requirements for an R-7.5 One Family Residence District" be varied and modified so as to permit an existing enclosed porch at the rear of the dwelling which has been constructed having a rear yard of 22.85 ft. on the premises located at 4 Bryson Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 113 Parcel 63 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 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 661 COApplication of Mr. William F. Cassin, owner for modifica- tion of Article VI Section 89-39 "Construction Requirements for Tower Apartments R-TA District" to permit alterations to nonconforming apartment building, namely, Subsection r A (1) required minimum lot area per dwelling unit, 1500 sq. ft. , existing lot area per dwelling unit 384 sq. ft. ; Subsection A (3) maximum permitted building coverage 20%, existing building coverage 90%; Subsection B (5) minimum useable open space required per dwelling unit sq. ft. ,200 sq. ft. , existing 36 sq. ft. , Subsection E minimum required off- street parking per dwelling unit 1.5 spaces, existing 0; on the premises located at 14 North Chatsworth Avenue. Also,for modification of Article VI Section 89-39 "Con- struction Requirements for Tower Apartments T-A District" to permit the conversion of two dwelling units into one dwelling unit in a nonconforming apartment building, namely, Subsection A (1) required minimum lot area per dwelling unit 1500 sq. ft. , existing 330 sq. ft. ; Subsection A (3) maximum permitted building coverage 20%, existing 41%; Subsection B (5) minimum useable open space required per dwelling unit 200 sq. ft., existing 130 sq. ft. ; Subsec- tion E required off-street parking per dwelling unit 1.5 spaces, existing 0; on the premises located at 21-25 Mur- ray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcels 150 and 152 on the grounds of practical difficulty and/or unnecessary hardship. The applicant was represented by Mr. George Forbes, an Attorney and Mr. Richard Stewart. A Public Stenographer was present and his minutes will ® be made part of the record. After discussion the Board decided on motion made and seconded to vote on the application. Mr. Hardesty had said that because he is Chairman of the Tenants Association in his building he should disqualify himself. The Board denied the application for the alterations to the nonconforming apartment building at 14 North Chatsworth Avenue but ap- proved the application for the conversion of the two dwell- ing units into one dwelling unit at 21-25 Murray. The vote on the denial was 4 to 0 and the vote on the approval was the same. The following Resolution was therefore adopted: WHEREAS, Mr. William F. Cassin, owner has sub- mitted an application to the Building Inspector to permit alterations to a nonconforming apart- ment building having a lot area per dwelling unit of 384 sq. ft. , a building coverage of 90%, useable open space per dwelling unit of 36 sq. ft. and existing off-street parking of 0 spaces on the premises located at 14 North Chatsworth Avenue and to permit the conversion of two dwelling units into one dwelling unit in a nonconforming apartment building having ® a lot area per dwelling unit of 330 sq. ft. , an existing building coverage of 41%, useable open space per dwelling unit existing 130 sq. ft. and 0 off-street parking spaces on the pre- mises located at 21-25 Murray Avenue, 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 Section 89-39 "Construction Requirements for Tower Apartments R-TA District" Subsection A (1) which requires a minimum lot area per dwelling unit of 1500 sq. ft. , Subsection A (3) which requires a maximum permitted build- ing coverage of 20%, Subsection B (5) minimum useable open space per dwelling unit 200 sq. ft. , and Subsection E minimum off-street required parking per dwelling unit 1.5 spaces and known on the Tax Assessment Map of the Town of Mama- roneck as Block 127 Parcels 150 and 152; and WHEREAS, Mr. William F. Cassin, owner, has 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 building when constructed in 1929 contained 54 residential units and 9 maid's rooms and because of the lack of demand for maids' quarters the prior owner apparently yielded to increased demand for living quarters. O 2. The two areas were made available for two apartments and were already in use when the new owner purchased the building and he now seeks to have the units approved and a Certificate of Occupancy issued. 3. A storage room was provided and over the years has been divided and used as a maintenance shop and entry foyer and the new owner now requests that the storage room be converted to a professional office and that a Certificate of Occupancy be issued. 4. In Building C there was originally 24 one bedroom units and at some time before it was purchased by the present owner two of the one bedroom units were converted to a single three bed- room unit and it now has 22 one bed- room units and one three bedroom unit which is on the first floor. 5. The owner now wants approval and a Certificate of Occupancy for the three bedroom unit. 6. Since no enlargement of the build- ing is contemplated the parking require- ments that were in effect in 1929 when the house was built should apply. I V1) 7. The lot coverage has not increased. ® 8. The granting of the variance will not be injurious to the neighborhood or the public welfare. 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 for 14 North Chatsworth Avenue on the following grounds: 1. The applicant did not show suffi- cient hardship or practical difficulty to allow for the additional increase in the nonconformity for density and parking. 2. To increase these problems would be catastrophic. 3. The apartments are presently not in conformance with the other apart- ments in the building. FURTHER RESOLVED, that this Board approved the application for 21-25 Murray Avenue on the fol- lowing grounds: 1. The conversion of two units into one will not add to the parking or the density in the area. 2. 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. 3. That said circumstances or condi- tions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-39 "Con- struction Requirements for Tower Apart- ment R-TA District" Subsection A (1) , ® Subsection A (3) , Subsection. B (5) and Subsection E 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. f € Sr 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 publice welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-39 "Construction Requirements for an R-TA District" Subsection A (1) , Subsection A (3) , SubsectioniB=(5) and Subsection E be varied and modified so as to permit the con- version of two dwelling units into one dwelling unit and reduce the number of dwelling units to 23 units on the premises located at 21-25 Mur- ray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 127 Parcel 150 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 these decisiors be filed with the Town Clerk as provided in Section 267 of the Town Law. ® The Chairman explained to the next applicants that since there was such a long agenda he would give them an hour to present their application and if more time was needed a date would be set for a Special Hailing to continue the case. A Public Stenographer was present and his minutes will be made part of the record. Mr. Boraczek asked the Secretary to read the application. APPLICATION NO. 3 - CASE 662 Application of Garfield Housing Corp. for modification of Article VI Section 89-39 "Construction Requirements for Tower Apartments R-TA District", namely, Subsection A (1) required minimum lot area per dwelling unit 1500 sq. ft. and 136 dwelling units, proposed 1211 sq. ft. per dwelling unit and 168 dwelling units; Subsection A (3) maximum permitted lot coverage 20%, proposed lot cover- age 33%; Subsection D maximum permitted height in stories six (6) , proposed building height in stories seven (7) ; Subsection E required "Off-street Parking" subject to the requirements of Article I Section 89-33 "Definitions" and Article XI Section 89-67 Subsection B "Layout and ® Location of Off-street Parking Facilities", which requires a minimum of 252 outdoor parking spaces having a minimum dimension of 9'x20' and located not less than 25 ft. from front property line, proposed 91 outdoor parking spaces will have a minimum dimension of 8'5x20' and will have front setbacks of 10 ft. from North Chatsworth Avenue and 13 ft. from Madison Avenue on the premises located © at 35 North Chatsworth Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 133 Parcels 148 and 299 on the grounds of practical difficulty and/or unnecessary hardship. The Board decided to adjourn the meeting until a Special Meeting to be held on July 31, 1984. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 4 - CASE 663 Application of Mr. William J. Knowles for modification of Article VI Section 89-33 Subsection B (2) (a) "Construc- tion Requirements for an R-10 One Family Residence District" which requires a minimum side yard setback of 10 ft. to allow the construction of a wood deck at the rear of the dwelling maintaining an existing nonconforming side yard of 7.1 ft. on the premises located at 31 Ellsworth Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 212 Parcel 58 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Knowles presented his application and said he was re- ® questing a variance to build a wood deck at the rear of his property. The applicant said if he was to place the deck at the required 10 ft. it would be in the middle of his driveway. Mr. Knowles presented the Board with a letter read by Mr. Boraczek from his neighbors, Mr. and Mrs. Levy of 35 Ells- worth Road and Mr. and Mrs. Michael Brennick of 133 East Garden Road in which they said they had reviewed the plans and approved of the variance. Mr. Knowles, also, said he had spoken to his neighbor in the rear. After further discussion on motion made and seconded the Board voted on the application and with a vote of 5 to 0 approved the application. The following Resolution was adopted: WHEREAS, Mr. William J. Knowles has submitted an application to the Building Inspector to allow the construction of a wood deck at the rear of the dwelling maintaining an existing nonconforming side yard of 7.1 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 Section 89-33 Subsection B (2) (a) "Construc- tion Requirements for an R-10 One Family Resi- dence District" which requires a minimum side r11yard setback of 10 ft. on the premises located at 31 Ellsworth Road and known on the Tax Assess- () ment Map of the Town of Mamaroneck as Block 212 Parcel 58; and WHEREAS, Mr. William J. Knowles has submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. The construction of the support- ing post would prevent access to garage if built greater than 7.1 ft. from property line. 2. Property line borders neighbor's backyard. 3. Deck would in no way interfere with the neighbor's use of property. 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 application on the following grounds: (a) That there are special circum- stances 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 applicant subsequent to the date of the Zoning Regulations appealed from. (b) That the said circumstances and/ or conditions are as follows: 1. The applicant's practi- cal difficulty would be if the deck was built in com- pliance with the Zoning he would lose access to his garage. 2. There were no objections from neighbors to the appli- cation. 3. That said circumstances or conditions are such that the particular application 11 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 minimum 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 Subsection B (2) (a) "Construction Requirements for an R-10 One Family Residence District" be varied and modified so as to allow the construction of a ® wood deck at the rear of the dwelling maintain- ing an existing nonconforming side yard of 7.1 ft. on the premises located at 31 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 58 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. The Chairman asked the Secretary to read the next appli- cation. ® APPLICATION NO. 5 - CASE 664 Application of Mr. and Mrs. Bruce Kaplan for modification of Article XI Section 89-67 Subsection B Layout and Location S of Off-street parking facilities which requires a minimum side yard setback of 5 ft. for off-street parking area ® in the northerly side yard of property having a side yard setback of l'± on the premises located at 419 Weaver Street and known on the Tax Assessment Map of the Town of Mama- roneck as Block 107 Parcel 727 on the grounds of practi- cal difficulty and/or unnecessary hardship. The applicants were represented by Ms. Sylvia Devan, Presi- dent of Habitation, Inc. an Architectural and Interior Design firm of Palisades, New York, who explained that the Kaplans will be adopting two children and they decided to move from New York to Larchmont because of the schools. Ms. Devan stated that although the house is small they hope to expand and decided this could only be done on the east side by converting the garage to a playroom. The Board questioned as to whether the basement could be used and it was pointed out there was no other place in the house for the addition of the playroom. There was, also, a question of the turn around and the Board decided that the curve on the proposed driveway should be widened to give more room for cars to turn around going out onto Weaver Street. After further discussion a motion was made and seconded that the application be approved subject to the plan being © amended to show the curve 4 to 5 ft. wider. On a vote of 5 to 0 the application was approved as amended and the following Resolution adopted: WHEREAS, Mr. and Mrs. Bruce Kaplan have sub- mitted an application to the Building Inspec- tor to allow the construction of an off-street parking area in the northerly side yard of the property having a side yard setback of 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 XI Section 89-67 Subsection B "Layout and Lo- cation of off-street parking facilities" which requires a minimum side yard setback of 5 ft. on the premises located at 419 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Parcel 727; and WHEREAS, Mr. and Mrs. Bruce Kaplan have sub- mitted an application for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons: 1. In order to convert their garage to badly needed living space in pre- paration for the imminent adoption of two children, the Town requires that proper parking be provided for I the family car. 2. The Kaplans wish to utilize their side yard for this purpose in the same fashion as their abutting neighbor. 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, WHEREAS, this Board has requested the applicants to amend the plan to show the curve 4 to 5 ft. wider to make it easier for the cars to turn around; and 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. Because of the limited space in the front yard the Board recommended that the applicant make the curve 4 to 5 ft. wider to make it easier for the cars to turn around. 2. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article XI Section 89-67 Subsection B "Layout and Location of off-street parking facilities" 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. 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 other- wise detrimental to the pub- lic welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article IX Section 89-67 Subsection B (3) "Layout and Location of off-street parking facilities"be varied and modified so as to allow the construction of an off-street parking area in the northerly side yard having a side yard setback of l'± on the premises located at 419 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Par- cel 727 in strict conformance with plans filed with this application 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 411) 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. 6 - CASE 665 Application of Mr. and Mrs. D. Bairaktaris for modification of Article VI Section 89-33 Subsection B (2) (a) "Construc- tion Requirements for an R-10 One Family Residence District" which requires a minimum side yard of 10 ft. to allow the construction of an addition at the rear of the dwelling maintaining an existing nonconforming side yard of 1.2 ft. on the premises located at 759 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Parcel 336 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. and Mrs. Bairaktaris were represented by Mr. Mark Must- acato who said the addition was for a family room. Mr. Mustacato said that it is a small house inside and there is no other way to add on. It was pointed out that the house is presently nonconforming. f11 said Mrs. Clay of 761 Forest Avenue/she was in favor of the application. After further discussion the Board on motion made and seconded decided to vote on the application and on a vote of 5 to 0 the application was approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. D. Bairaktaris have sub- mitted an application to the Building Inspector to allow the construction of an addition at the rear of the dwelling maintaining an exist- ing nonconforming side yard of 1.2 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 Section 89-33 Subsection B (2) (a) "Construc- tion Requirements for an R-10 One Family Resi- dence District" which requires a minimum side yard of 10 ft. on the premises located at 759 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Par- cel 336; and WHEREAS, Mr. and Mrs. D. Bairaktaris have sub- mitted an application for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons: 1. The applicants want to keep the continuity of the present structure. 2. There is no other practical way to add on without dividing a well used portion of the backyard. 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 cir- cumstances 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 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 is not extending into the Qside yard any further than the present structure. 2. There was no opposition from the neighbors who are in the closest proximity to the property. 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-l0 One Family Resi- dence District" would de- prive 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 public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-33 Subsection B (2) (a) "Construction Requirements for an R-10 One Family Residence District" be varied and modified so as to allow the construction of an addition at the rear of the dwelling maintaining an existing nonconforming side yard of 1.2 ft. on the premises located at 759 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 220 Parcel 336 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. i FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 0 of the Town Law. The Chairman asked the Secretary to read the last appli- cation. APPLICATION NO. 7 - CASE 666 Application of Mr. Thomas J. Keller for modification of Article VI Section 89-35 Subsection B (3) "Construction Requirements for an R-6 One Family Residence District" which requires a minimum rear yard of 25 ft. to allow the construction of a wood deck at the rear of the dwell- ing having a rear yard of 16± on the premises located at 60 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Parcel 423 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Keller was represented by Mr. William J. Gerety of 32 Hillcrest Avenue who explained that Mrs. Keller has a disease that has left her unable to walk. The proposed deck will unable Mrs. Keller to enjoy the outside while regaining her walking capability. Mr. Gerety stated that the access to the back will be on the same level and through the kitchen. QAttached to Mr. Keller's application was a letter which was read by the Chairman and signed by the following neighbors: Mr. and Mrs. Robert M. Browne 58 Hillcrest Avenue Mr. and Mrs. Anthony Garcia 28 Edgewood Avenue Mr. and Mrs. Philip Reisman Jr. 24 Edgewood Avenue Mr. and Mrs. Paul R. Martin 62 Hillcrest Avenue The above all said they had reviewed the plans for the proposed deck and had no objection. After further discussion on motion made and seconded the Board voted to approve the application on a vote of 5 to 0 and the following Resolution was adopted: WHEREAS, Mr. Thomas J. Keller has submitted an application to the Building Inspector to allow the construction of a wood deck at the rear of the dwelling having a rear yard of 16'±, 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 89-35 Subsection B (3) "Construction Require- ments for an R-6 One Family Residence District" which requires a minimum rear yard of 25 ft. on the premises located at 60 Hillcrest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 123 Parcel 423; and f WHEREAS, Mr. Thomas J. Keller has submitted an application for a variance on the ground of prac- tical difficulty and/or unnecessary hardship for the following reasons: 1. The rear of the house is the only location suitable for a deck. 2. The proposed deck will cover an existing ground level patio and replace an unused basement trap door. 3. The proposed location is a natural extension of the kitchen floor plan which will allow uninterrupted access to the outdoor without steps. 4. The proposed deck wil allow Mrs. Keller to enjoy the warmer months out- side while slowly regaining her walk- ing capability. 4. The proposed deck will be virtually invisible from the street and adequately screened by the existing hedges and the planned design will harmonize with the existing neighborhood. 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 proposed wood terrace will provide a place for Mrs. Keller to be outdoors while she regains her walking capa- bility. 2. There was no opposition from any of the neighbors who would be affected by the deck. 3. That said circumstances ® or conditions are such that the particular application of the Ordinance with respect to Article VI Section 89-35 Subsection B (3) "Construction Requirements for an R-6 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 ad- justment that will accomplish this purpose. 4. 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 neighborhood or otherwise detrimental to the public welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-35 Sub- ® section B (3) "Construction Requirements for an R-6 One Family Residence District" be varied and modified so as to allow the construction of a wood deck at the rear of the dwelling having a rear yard of 16'± on the premises located 60 Hillcrest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 123 Parcel 423 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. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 Q of the Town Law. k ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 12:00 P.M. ) i. YL- Rita A. Johnson, Secretary