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HomeMy WebLinkAbout1983_07_27 Zoning Board of Appeals Minutes 11 MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JULY 27, 1983, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER In the absence of the Chairman, the meeting was called to order by the acting Chairman, Mr. Hardesty at 8:15 P.M. ROLL CALL Present: Mr. Egbert R. Hardesty, Acting Chairman Mr. Peter G. Moore Mr. Stephen K. Carr Mr. Peter D. Mosher Absent: Mr. A. William Boraczek Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of June 22, 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. Hardesty asked the Secretary to read the first ap- plication which had been held over from the last meeting. APPLICATION NO. 1 - CASE 632 Application of Mr. and Mrs. Barrington Parker, Jr. for modification of Article VI Section 89-32 Subsection B [1] "Construction Requirements for an R-15 One Family Residence District" which requires that on corner lots a front setback of 40 ft. be provided from both streets to allow a two story addition maintaining an existing noncon- forming setback fro Bonnie Way of 31.9 ft. and creating a front setback of 30.5'± from Briar Close on the premises located at 21 Bonnie Ways and known on the Tax Assessment Map of the Town of Mamaroneck as Block 105 Parcel 471 on the grounds of practical difficulty and/or unnecessary hardship. Mr. and Mrs. Parker appeared before the Board and presented photographs of their property as it looks now. Mr. Parker said the addition would be flush with the second story and the proposed family room will be where the garden is now. The applicant further said that the lot is presently nonconforming but the house was conforming at the time it was built under the previous zoning. Mr. Parker, also, said the addition was going over the garage and because the basement is wet it cannot be used for a family room. Mrs. Parker said that presently it is a three bedroom house and they are eliminating one bedroom and adding two making it a four bedroom home. Mrs. Parker further said she loves to garden and intends to have an indoor garden. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Hardesty - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution was adopted: WHEREAS, Mr. and Mrs. Barrington Parker, Jr. have submitted an application to the Building Inspector to allow the construction of a two story addition maintaining an existing noncon- forming setback from Bonnie Way of 31.9 ft. and creating a front setback 30.5'± from Briar Close, 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 89-32 Subsection B [1] "Construction Require- ments for an R-15 One Family Residence District" which requires that on corner lots a front set- back of 40 ft. be provided from both streets on the premises located at 21 Bonnie Way and known on the Tax Assessment Map of the Town of Mamaroneck as Block 105 Parcel 471; and WHEREAS, Mr. and Mrs. Barrington Parker, Jr. have 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 applicants have spent the last year looking in Larchmont for a four bedroom house with a family room at a reasonble price without success. 2. The applicants enjoy Larchmont and don't want to leave this community. 3. Due to expanding family needs and a wet basement that cannot be utilized as a family room the appli- cants are requesting permission for an addition that will include a 1 family room/solarium and an additional bedroom. ‘fter. 4. When the house was built the zoning required a 30 ft. setback from the pro- perty line and the house at that time met those requirements. 5. Through careful architectural planning the applicants will only be intruding 2-3 feet beyond which they feel is minimal and will give • them adequate living space. 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. That the proposed addi- tion will provide extra living space for the applicants. 2. The proposed addition will not project any further on Bonnie Way than the exist- ing dwelling. 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-32 Subsection B [1] "Con- struction Requirements for an R-15 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 I is a minimal adjustment 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 89-32 Subsection B [1] "Construction Requirements for an R-15 One Family Residence District" be varied and modified so as to allow the construction of a two story addition maintaining an existing nonconforming setback from Bonnie Way of 31.9 ft. and creating a front setback of 30.5't from Briar Close on the premises located at 21 Bonnie Way and known on the Tax Assessment Map of the Town of Mamaroneck as Block 105 Parcel 471 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 of the Town Law. The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 2 - CASE 634 Application of Mr. and Mrs. J. Spier for modification of Article VI Section 89-34 Subsection B 2 [a] , B [3] and D "Construction Requirements for an R-7.5 One Family Resi- dence District" which requires a minimum side yard of 10 ft. and a minimum rear yard of 25 ft. and a maximum height of 21 stories to allow the construction of a third floor dormer which will maintain an existing nonconforming side Now yard of 6.15 ft. and a rear yard of 20 ft. and creating three stories on the premises located at 1 Lookout Circle and known on the Tax Assessment Map of the Town of Mama- 11 aroneck as Block 117 Parcel 1 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Ian Spier, the applicant, appeared before the Board and said they wanted to construct a bedroom to make room for a second child that is due this Fall. The applicant stated the proposed location is the only place that is practical and the space presently is an attic. Mr. Spier further said he had discussed the plan with his two ad- jacent neighbors and they have no objection. The applicant further said that the addition would not be visible from either North Chatsworth Avenue or Lookout Circle and there would be no change in the height of the house. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Hardesty - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution adopted: (:: WHEREAS, Mr. and Mrs. I. Spier have submitted an application to the Building Inspector to allow the construction of a third floor dormer which will maintain an existing nonconforming side yard of 6.15 ft. and a rear yard of 20 ft. creating three stories, 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 2 [a] , B [3] and D "Construction Requirements for an R-7.5 One Family Residence District" which requires a minimum side yard of 10 ft. and a minimum rear yard of 25 ft. and a maximum height of 22 stories on the premises located at 1 Lookout Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117 Parcel 1; and WHEREAS, Mr. and Mrs. I. Spier have submitted an application to this Board for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. In order to provide a bedroom for a second child (due this Fall) the owners wish to add a room in top floor space currently used as storage. wMMM=mmoms 2. This room wil be. within the exist- ing building plan envelope, with a new gable and new dormer to pro- vide required ceiling height. 3. An addition in any other loca- tion would entail a more extensive zoning variance. 4. The first floor has a living room, dining room, kitchen, maid's room and bath (the latter two rooms used by a live-in housekeeper as the owners both work) . 5. The second floor has a master bedroom and bath, second bedroom, bathroom and family room (the latter has a beamed cathedral ceiling, large stucco and brick fireplace. It. is needed and used as family room. 6. It would present both a practi- cal difficulty and unnecessary hard- ship to the owners if this Zoning variance is not granted. (:: 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/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 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 will provide an extra bedroom for the applicant's family. 2. Proposed addition will not project beyond the exist- ing dwelling. I-C(j ( L 111 3. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-34 Subsection 2 [a] , B [3] and D "Construction Re- quirements for an R-7.5 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 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 89-34 Subsection 2 [a] , B [3] and D "Construction Requirements for an R-7.5 One Family Residence District" of the Zoning Ordinance be varied and modified so as to allow the construction of a third floor dormer which will maintain an existing nonconforming side yard of 6.15 ft. and a rear yard of 20 ft. and creating three stories on the premises located at 1 Lookout Circle and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 117 Parcel 1 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. 446(‘ h The Chairman asked the Secretary to read the next appli- cation. APPLICATION NO. 3 - CASE 635 Application of Mr. R. Schnapp for modification of Article VI Section 89-33 Subsection B [2] [b] & [3] "Construction Requirements for an R-10 One Family Residence District" which requires a minimum total of both side yards of 25 ft. and a minimum rear yard setback of 25 ft. to allow a one story addition at the southerly side of the dwelling creating a total of both side yards of 15.95 ft. and a rear yard setback of 17.5 ft. on the premises located at 30 Gray- stone Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 454 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Schnapp appeared before the Board and said he had been living in the house for ten years and that when they moved in they had one child but since that time have had another child. The applicant stated that there is no basement in the house and since they have a boy and girl it is neces- sary for each child to have separate bedrooms. Mr. Schnapp further said that the house is old and is pre- sently nonconforming. The applicant, also, said that the proposed location is the only place where they can extend (:: and he had discussed the plan with his neighbors who all agreed there would be no problem. It was pointed out that the addition would not be visible by the neighbor on the side and it would not be visible from the street. Mr. Wexler, the Architect, said that the addition would not project into the rear yard any further than it is now and it is a small house. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Hardesty - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. R. Schnapp has submitted an ap- plication to the Building Inspector to allow a one story addition at the southerly side of the dwelling creating a total of both side yards of 15.95 ft. and a rear yard setback of 17.5 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 Section 89-33 Subsection B [2] [b] & [3] "Construction Requirements for an R-10 One Family Residence District" which requires a minimum total of both side yards of 25 ft. and a minimum rear yard setback of 25 ft. on "%u% the premises located at 30 Graystone Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 454; and WHEREAS, Mr. R. Schnapp has submitted an ap- plication to this Board for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons: 1. Since the applicant purchased the premises approximately 10 years ago, an additional child has been born and both children have increased in age and being of the opposite sex, now require their own bedrooms and areas for family activities. 2. The one story addition to the south side of the premises is the only practical solution to the applicant's growing family's needs. 3. The rear of the premises is ap- proximately 16' from the boundary (:: line and the north side is approxi- mately 6' from the boundary line there- fore the south side is the only pos- sible area for this small addition. 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/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. That the proposed addi- tion will provide extra living space for the applicant's family. 2. That the proposed addi- tion will not project into the rear yard any further than the existing dwelling. 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] [b] & [3]. "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 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 89-33 Subsection B [2] [b] & [3] "Construction Requirements for an R-10 One Family Residence District" be varied and modified so as to allow the construction of a one story addition at the southerly side of the dwelling creating a total of both side yards of 15.95 ft. and a rear yard setback of 17.5 ft. on the premises located at 30 Graystone Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 212 Parcel 454 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 said permit. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. Mr. Hardesty asked the Secretary to read the last appli- cation. APPLICATION NO. 4 - CASE 636 Application of Mr. John Heanue for modification of Article VI Section 89-34 Subsection B [3] "Construction Require- ments for an R-7.5 One Family Residence District" which requires a minimum rear yard of 25 ft. to allow an exist- ing wood deck at the rear of the dwelling which was con- structed at 75 Lookout Circle and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 117 Parcel 76 on the grounds of practical difficulty and/or unneces- sary hardship. Mr. Heanue was represented by Mr. George Forbes, an Attor- ney of 7 Woodland Avenue, Larchmont, New York, who said he had filed a memorandum upon behalf of the applicant. Mr. Forbes stated that the deck was built without a per- mit and the builder did not tell the owner he needed a building permit. With his memorandum Mr. Forbes had submitted a petition signed by neighbors in the vicinity of Mr. Heanue's property stating that they were familiar with the existing deck and didnot think it had any adverse effect on the neighboring property. Mr. Forbes pointed out that the applicant wants to sell his house and is purchasing a larger home and the variance as requested is necessary in connection with the transfer of the title. It was pointed out that the deck was built about two years ago. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Hardesty - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution was adopted: WHEREAS, Mr. John Heanue has submitted an appli- cation to the Building Inspecnr to permit an existing deck which was constructed having a rear yard of 20 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 89-34 Subsection B [3] "Construction Require- ments for an R-7.5 One Family Residence District" which requires a minimum rear yard of 25 ft. on the premises located at 75 Lookout Circle and known on the Tax Assessment Map of the Town 11 Mamaroneck as Block 117 Parcel 76; and WHEREAS, Mr. John Heanue has submitted an ap- "Sew plication to this Board for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons: 1. The applicant has owned the house since 1974 and about three years ago he contracted to have the deck built. 2. The deck was constructed without a building permit because the builder did not advise that a permit was nec- essary. 3. With the applicant's consent the matter of the deck has been voluntarily called to the attention of the Build- ing Inspector who stated that the structure is in violation of the rear yard requirement by 5 ft. 4. None of the applicant's immediate neighbors objected to the construc- tion of the deck when made and in connection with this application they C have all signified no objection to the granting of the variance. 5. Applicant has been advised that certain minimum structural additions would strengthen the existing struc- ture which are shown on the plan and the applicant requests permission to have them aadded. 6. Because/ Fie prospect of an addi- tion to the applicant's family he has been compelled to purchase a larger house in the area and in order to sell his house the variance is neces- sary for the transfer of title. 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: 1. The deck has been in existence for about two years and none of the immediate neighbors had objected to 1 the construction of the deck. j ® 2. The applicant was not advised at the time the deck was constructed that he needed a permit. 3. That said circumstances and con- ditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-34 Sub- section B [3] "Construction Require- ments for an R-7.5 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 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 welfare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-34 Subsection 'b° B [3] "Construction Requirements be varied and 'vo'` modified so as to permit an existing wood deck which has been constructed having a rear yard of 20 ft. on the premises located at 75 Lookout Circle and known on the Tax Assessment Map of the Town of Mamaroneck as Block 117 Parcel 76 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. After the meeting was closed Mr. Mosher drafted a memo to be sent to Mr. Boraczek who was absent. The members pre- sent all agreed that the application of LMR Associates should to placed on the agenda for the August meeting to confirm the conditional variance that had been granted by the Zoning Board on June 23, 1982. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:30 P.M. l ita A. Johnsoi( Secretary \off