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HomeMy WebLinkAbout1983_06_22 Zoning Board of Appeals Minutes .91 MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD JUNE 22, 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. Egbert R. Hardesty Mr. Peter G. Moore Mr. Stephen K. Carr Mr. Peter D. Mosher Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of May 25, 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. The Secretary informed Mr. Boraczek that she had a request that Application No. 5 be postponed until the July meeting. The Chairman asked the Secretary to read the first appli- cation. APPLICATION NO. 1 - CASE 628 Application of Mr. and Mrs. R. 0. Ripley 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 a two story dormer extension maintaining an existing nonconforming side yard of 9 ft. more or less on the premises located at 8 Barnum Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 367 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Robert Ripley appeared before the Board and said that the present room is too small for his daughter. The app- licant said his daughter has outgrown the room and presently there is a very small closet in the hallway. Mr. Ripley pointed out that they did not intend to go beyond the exist- ing structure and the basic line of the house would not change. I The applicant had presented a letter which was read by the Chairman. The letter was from Mr. Nicholas DeGiacomo of 15 Little Farms Road who would be the neighbor most affected by the proposed construction. In his letter Mr. DeGiacomo said he had seen the plans and was aware of the work that Mr. Ripley was going to do and had no objections to the proposed construction. After further discussion a vote was taken on the applica- tion and the result was as follows: Commissioner Boraczek - Aye 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. R. 0. Ripley have submitted an application to the Building Inspector to al- low the construction of an extension to the exist- ing second story dormer at the southerly side of the dwelling maintaining an existing noncon- forming side yard of 9 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 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 8 Barnum Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 367; and WHEREAS, Mr. and Mrs. R. 0. Ripley 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 existing room is much too small for an 8 year old girl. 2. There is no closet space - closet in hallway. 3. Proposed addition will be setback approximately 9 ft. from property line and will not project beyond exist- ing house. 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 [ ] Tha t 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 a larger room for the applicant's daughter. 2. That the proposed addi- tion will not project beyond 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-l0 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-l0 One Family Residence District" of 141 the Zoning Ordinance be varied and modified so as to allow the construction of an extension to the existing second story dormer at the southerly side of the dwelling maintaining an existing nonconforming side yard of 9 ft. more or less on the premises located at 8 Barnum Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 211 Parcel 367 in strict conformance with plans filed with this appli- cation 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 629 Application of Mrs. Wilma Baird Schwarzkopf for modifica- tion of Article VI Section 89-34 Subsection B 3 [b] "Con- struction Requirements for an R-7.5 One Family District" Accessory Structures which requires a minimum rear yard setback of 5 ft. and a 30 ft. setback from street line on Valley Road to allow the construction of a one car de- tached garage having a rear yard setback of 2 ft. and an 11 ft. setback from Valley Road on the premises located at 663 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 148 on the grounds of practical difficulty and/or unnecessary hard- ship. Mrs. Schwarzkopf said that the present garage is completely rotted and is not only an eyesore but dangerous as well. The applicant said they want to tear down the old garage and replace it with a new one. Mr. Germani who is the contractor said they tried to re- pair the old garage but it could not be done and the new garage is the same size as the old. Mrs. Burton Golov of 97 Valley Road said the present garage is an eyesore and she is delighted they want to replace it. It was pointed out that Mrs. Golov's property is closer PFP to the garage than the applicant's house. After further discussion a vote was taken on the applica- tion and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mrs. Wilma Baird Schwarzkopf has sub- mitted an application to the Building Inspector to allow the construction of a one car detached garage having a 2 ft. rear yard setback and an 11 ft. street line setback from Valley Road, 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 [b] "Construction Re- quirements for an R-7.5 One Family District" Accessory Structures which requires a minimum rear yard setback of 5 ft. and a minimum street line setback of 30 ft. on the premises located at 663 Forest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 114 Parcel 148; and WHEREAS, Mrs. Wilma Baird Schwarzkopf 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. Removal of existing garage because of safety factor. 2. Danger of falling due to rot. 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 circum- stances 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 garage will replace an existing garage which cannot be re- paired. 2. 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 3 [b] "Construction Requirements for an R-7.5 One Family District" Accessory Struc- tures 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 adjustment 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 other- wise 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 3 [b] "Construction Requirements for an R-7.5 One Family District" Accessory Structures be varied and modified so as to allow the construction of a one car detached garage having a rear yard setback of 2 ft. and an 11 ft. setback from Valley Road on the premises located at 663 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 114 Parcel 148 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 4191 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 applica- tion. APPLICATION NO. 3 - CASE 630 Application of Mr. and Mrs. William Eng for modification of Article VIII Section 89-44 D "Walls and Fences" which restricts the height of walls and fences in any required yard in a residence district to four feet to allow the con- struction of 35 1. f. of 6 ft. high wooden fence in the rear yard on the premises located at 27 Rock Ridge Road and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 412 Parcel 411 on the grounds of practical difficulty and/or unnecessary hardship. Mrs. Eng appeared before the Board and said their property was located right next to Cook's and people trespass coming and going from the parking lot. The applicant said that everyday there are empty cans and bottles littered over their property. Mr. Boraczek asked if a four foot fence would be a deter- rent and Mrs. Eng said they would be able to climb over. the four foot fence. The applicant saki she had tried every- thing and the proposed fence will be behind the hedges that are there now. Mr. Paonessa pointed out that the property is located next to a business zone where a 6 ft. fence is allowed. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye 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. Willian Eng have submitted an application to the Building Inspector to allow the construction of 35 1. f. of 6 ft. high wooden fence in the rear yard, together with plans; and ih. WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article VIII Sec- tioni8.9744 D "Walls and Fences" which restricts the 4Uaght of walls or fences in any required yard in a residence district to four feet on the premises located at 27 Rock Ridge Road and known on the Tax Assessment Map of the Town of Mamaro- neck as Block 412 Parcel 411; and WHEREAS, Mr. and Mrs. William Eng have submitted an application to this Board for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons: 1. People have been trespassing on the applicant's property going to or coming through from Cook's parking lot. 2. Everyday there are empty cans and bottles littered over the property. 3. The 6 ft. fence would prevent any climbing over the fence by trespassers. 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 6 ft. fence will deter trespassers from climbing over the fence and littering the applicant's property. 2. That said circumstances and/or conditions are such that the particular appli- cation of the Ordinance with 16. g((151 respect to Article VIII Sec- tion 89-44 D "Walls and Fences" would deprive the applicant of the reasonable use of such land and/or building and that for these reasons the granting of the variance is necessary for 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. A. That the granting of he 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 v?riance is hereby granted and that Article VIII Section 89-44 D "Walls and Fences" be varied and modified so as to allow the construction of 35 1. f. of 6 ft. high wooden fence in the rear yard on the premises located at 27 Rock Ridge Road and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 412 Parcel 411 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 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. 4 - CASE 631 Application of Mr. and Mrs. Robert Paladino for modifi- cation of Article VI Section 89-34 Subsection B [1] & [2] [a] "Construction Requirements for an R-7.5 One Family Residence District" which requires a minimum front yard setback of 30 ft. and a minimum side yard setback of 10 ft. to allow the construction of a 12 story addition creating a front yard setback of 25.5 ft. and maintaining an existing nonconforming side yard of 6.5 ft. on the premises located at 35 Villa Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 109 on the grounds of practical difficulty and/ or unnecessary hardship. Mr. Paladino appeared before the Board and said that the house had been built in 1927. The applicant said that the living area on the first floor is very small and in order to extend his kitchen which is long and narrow he has to expand the other rooms. Mr. Paladino stated they also wanted to add a powder room on the first floor so that when they have company it is not necessary to go through the bedroom areas. Mr. Mosher expressed concern that all the houses on the street seem to have the 30 ft. setback and this will pro- ject out further towards the street than the other resi- dences. The applicant said he wanted to meet the needs of his family and maintain conformance with the rest of the neigh- borhood. Mr. Lawrence Gordon, Mr. Paladino's Architect spoke and said they wanted the addition to blend in with the existing house. The Board questioned as to how many bedrooms there were and the applicant said they had three and there were four in his family. The applicant had presented a petition signed by seven of his neighbors which was read by the Chairman. The neighbors all stated that they had seen the plans and had no objection and supported the application. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Hardesty - Aye Commissioner Moore - Nay Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. Robert Paladino have sub- mitted an application to the Building Inspec- tor to allow the construction of a 11/2 story addition creating a front yard setback of 25.5 ft. and maintaining an existing nonconforming side yard of 6.5 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 89-34 Subsection B [1] & [2] [a] "Construction Requirements for an R-7.5 One Family Residence District" which requires a minimum front yard setback of 30 ft. and a mini- mum side yard setback of 10 ft. on the premises located at 35 Villa Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 109; and WHEREAS, Mr. and Mrs. Robert Paladino 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. Site gradation and physical lay- out of house render it impossible to expand first floor living area without this allowance. 2. In order to expand first floor, must build in front of house thus necessitating the allowance. 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 circum- stances 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 liv- ing space for the applicant's family. 2. That the proposed addi- tion will not project into the side yard any further than 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 89-34 Subsection B [1] & [2] [a] "Construction Requirements for an R-7.5 One Family Resi- :C42, AA 491 dence 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 adjust- ment that will accomplish this purpose. 4. That the granting of the vari- ance is in harmony with the general purposes and intent of this 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 VI Section 89-34 Sub- section B [1] & [2] [a] "Construction Require- ments for an R-7.5 One Family Residence District" be varied and modified so as to allow the con- struction of at 12 story addition to the front of the dwelling having a front yard setback of 25.5 ft. and maintaining an existing noncon- forming side yard of 6.5 ft. on the premises located at 35 Villa Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 111 Parcel 109 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. Mr. Boraczek asked the Secretary to read the last applica- tion. APPLICATION NO. 6 - CASE 633 Application of Mr. and Mrs. Robert Cohen 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 allow the construction of a wood deck at the rear of the dwelling i 4191 having a minimum rear yard setback of 18.75 ft. on the pre- mises located at 9 Lundy Lane and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 503 Parcel 657 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Robert Cohen spoke on behalf of his application and said they have an existing deck 8' x 12' which was built at the same time as the house. The applicant said that they are not the original owners and the deck at present is not useable and has to be town down. Mr. Cohen stated that the house is a Colonial and the deck is behind the kitchen about 8 ft. above the ground. The applicant stated the deck is used for their family and most of their enter- taining. The applicant, also, said that the present deck is too small and not large enough for a table. Mr. Cohen additionaly said that they wanted to extend the deck at one side of the house and their reason for going that way is because of a door and they do not want to block a window and their view. In conclusion the applicant said the pro- posed plan is the most practical and economical without encroaching on their neighbor's property. After further discussion a vote was taken on the applica- tion and the result was as follows: Commissioner Boraczek - Aye 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. Robert Cohen have 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 setback of 18.75 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 9 Lundy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Parcel 657; and WHEREAS, Mr. and Mrs. Robert Cohen 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 existing deck has deteriorated to the point of being dangerous to occupy. 2. A new deck [12'x26'] is planned. 3. A variance is required since the new deck at the closest point to the rear property line would be about 18 ft. 4. However, because of the unusual plot plan, the average distance of the deck to the rear property line will be in excess of 25 ft. 5. Additional shrubbery has been planted to screen the deck from surrounding neighbors. 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 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. That .the existing deck is in disrepair and needs rebuilding. 2. The average distance of the deck to the rear pro- perty line will be in excess of the 25 f t. 3. Because of the location of the door and the window the proposed location is the most practical. 4. That said circumstances or conditions are such that the particular application IL of the Ordinance with res- pect to Article VI Section 89-34 Subsection B [3] "Con- struction Requirements for an R-7.5 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. 5. 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 and that Article VI Section 89-34 Subsection B "Construction Requirements for an R-7.5 One Family Residence District" be varied and modi- fied so as to allow the construction of a 12'x26' deck at the rear of the dwelling having a rear yard setback of 18.75 ft. on the premises located at 9 Lundy Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503 Par- cel 657 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. ADJOURNMENT There being no further business to come bef e this meet- ing it was adjourned at 9:30 P. . Rita A. Johnsb , ecretary IL ct J