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HomeMy WebLinkAbout1983_05_25 Zoning Board of Appeals Minutes 1 MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD MAY 25, 1983, IN THE COURT HOUSE, 1201 PAL- MER 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. Peter G. Moore Mr. Stephen K. Carr Mr. ,Peter D. Mosher Absent: Mr. Egbert R. Hardesty Also present: Mr. William Paonessa, Building Inspector APPROVAL OF MINUTES The minutes of the meeting of April 27, 1983 were presented and on motion duly made and seconded, approved as submitted. PUBLIC HEARING C 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 625 Application of Mr. Robert 0. Walcovy for modification of Article VI Section 89-33 Subsection B 2 [a] B 3 "Con- struction Requirements for an R-10 One Family Residence District" which requires a minimum side yard of 10 ft. and a minimum rear yard of 25 ft. to allow the construc- tion of a one story addition having a side yard of 8 ft. and maintaining an existing nonconforming rear yard of 17.9 ft. on the premises located at 11 Ellsworth Road and known on the Tax Assessment Map of the Town of Mama- roneck as Block 214 Parcel 246 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mr. Walcovy said that they need extra room as they have two elderly parents who will have to spend part of the time in their home plus a daughter who is in the throes of separating. The applicant said one of the elderly parents is confined to a wheel chair and the other uses (:: a walker. Mr. Walcovy pointed out that the room will be approximately 12' x 26' and they were only requesting a 2 ft. variance. 11 The applicant further said that he had spoken to his neigh- bors and the one who would be most affected at 9 Ellsworth Road was supposed to be at the meeting. Mr. Moore questioned about the plan showing no windows on the driveway side and the applicant said that it was done for privacy. Mr. Walcovy said that his neighbor in the rear at 130 East Garden Road had questioned about drainage and he had con- tacted his Engineer who had written a letter stating that the addition would not cause any drainage problems. Mr. and Mrs. Douglas Roever who live at 9 Ellsworth Road appeared and said they had seen the plans for the addition and have no objection. Mr. Thompson who lives at 134 East Brookside Drive who is not an immediate neighbor said he was in favor of the application. After further discussion the Board decided to vote on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution was adopted: WHEREAS, Mr. Robert 0. Walcovy has submitted an application to the Building Inspector to al- low the construction of a one story addition having a side yard of 8 ft. and maintaining an existing nonconforming rear yard of 17.9 ft. , together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with Article VI Sec- tion 89-33 Subsection B 2 [a] & B 3 "Construc- tion Requirements for an R-10 One Family Resi- dence District" which requires a minimum side yard of 10 ft. and a minimum rear yard of 25 ft. on the premises located at 11 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Parcel 246; and WHEREAS, Mr. Robert 0. Walcovy has 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 additional space is needed because two elderly parents have to spend part of the year in the appli- cant's home. One is confined to (:: a wheel chair and the other has to get around with a walker. 2. At the present time the house is at the maximum use with adult chil- dren. WHEREAS, this Board has examined the plans, reviewed 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/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 Regula- tions appealed from. (:2 [b] That the said circumstances and/or conditions are as follows: 1. That the proposed addi- tion will provide extra room for the applicant. 2. The proposed addition 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 res- pect to Article VI Section 89-33 Subsection B 2 [a] & B 3 "Construction Require- ments for an R-10 One Family Residence District" would deprive the applicant of the reasonable use of the land and/or building and that the variance as granted lea"' by this Board is a minimum �•► adjustment that will accom- plish this purpose. 4. That the granting of 1 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] & B 3 "Construction Requirements for an R-10 One Family Residence District" of the Zoning Ordinance be varied and modified so as to allow the construction of a one story addi- tion having a side yard of 8 ft. and maintaining an existing nonconforming rear yard of 17.9 ft. on the premises located at 11 Ellsworth Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 214 Parcel 246 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 applica- tion. APPLICATION NO. 2 - CASE 626 Application of Mr. and Mrs. Jay Reynolds for modification of Article VI Section 89-36 Subsection B [3] "Construction Requirements for a Two Family Residence District R-2F" which requires a minimum rear yard of 25 ft. to allow the construc- tion of a wood deck at the rear of the dwelling having a rear yard of 15 ft. on the premises located at 32 Blossom Terrace and known on the Tax Assessment Map of the Town of Mamaroneck as Block 403 Parcel 395 on the grounds of practical difficulty and/or unnecessary hardship. Mr. Reynolds presented the Board with a letter he had re- (:2 ceived from the Westchester County Department of Environ- mental Facilities regarding the proposed deck on a portion of their easement. In their letter the County said they M had no objection to the installation of wood support columns to a depth of approximately 2 ft. into the grounds and the terms and conditions of the easement agreement will remain in full force. The applicant said he wanted the deck so he could have a door at the rear of his house since at present his__only means of egress from the house is the front door and through the garage. Mr. Reynolds stated that the rear of his pro- perty borders the Conrail tracks and he needs the deck above ground because of a drainage problem. The applicant further said that after a heavy rain they cannot use their backyard and because he has two small children it is a dangerous condition since there is no fence on Conrail's property. Mr. Reynolds said he has written to Conrail requesting they put up a fence but he was told if it was done for him they would have to do it for everyone that submits a request for a fence. The Chairman read a letter from Mr. Anthony Spencer who was the builder of the house and still owns the house at 34 Blossom Terrace stating that he had no objection to the proposed deck. After further discussion a vote was taken on the applica- tion and the result was as follows: Commissioner Boraczek - Aye Commissioner Moore - Aye 'New` Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. Jay Reynolds have submitted an application to the Building Inspector to al- low the construction of a wood deck at the rear of the dwelling having a rear yard setback of 15 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 the Zoning Ordi- nance of the Town of Mamaroneck with particular reference to Article VI Section 89-36 Subsection B [3] "Construction Requirements for an R-2F Two Family Residence District" which requires a mini- mum rear yard of 25 ft. on the premises located at 32 Blossom Terrace and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 403 Parcel 395; and (:: WHEREAS, Mr. and Mrs. Jay Reynolds have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. Presently the existing house does not have any type of door in the rear, nor does it have a door on either '‘414.10, side. The only means of egress is via the front door or via the gar- age. This is a potentially hazard- ous condition if there were to be a fire or other emergency of the front portion of the house where evacuation of the house would be necessary, es- pecially due to fact that there are two children living in the house that are both under the age of two years. 2. The backyard of the property is often not usable due to the fact that there is a severe drainage problem. This significantly limits the number of days that the backyard can be used at all, especially following a heavy rain. 3. The rear of the property borders the Conrail railroad tracks. There is a vertical drop of approximately 40 feet between the area of the pro- perty and the tracks. This too is ,ow a dangerous condition having young children as there presently is no fence. 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 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. The proposed deck will provide another means of egress for the applicant's family in case of emergency. 2. The deck will also provide a more useable 401"* backyard. 3. The rear of the dwell- ing backs up to the Conrail tracks and because of the topography of the lot the deck will not affect the neighbors. 4. That said circumstances or conditions are such that the particular appli- cation of the Ordinance with respect to Article VI Section 89-36 Subsec- tion B [3] "Construction Requirements for a Two Family Residence District R-2F" 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 ac- complish this purpose. (:: 5. That the granting of the variance is in harmony with the general purposes and intent of this Ordi- nance and will not be in- jurious to the neighbor- hood or otherwise detri- mental to the public wel- fare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article VI Section 89-36 Sub- section B [3] "Construction Requirements for a Two Family R-2F" be varied and modified so as to allow the construction of a wood deck at the rear of the dwelling having a rear yard setback of 15 ft. 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 sthin 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 sue* 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. 3 - CASE 627 Application of Mr. and Mrs. Abraham Mizrahi for modifica- tion of Article IV Section 89-20 C [3] "Permitted Access- ory Uses in an R-15 Residence District" as permitted by the Building Code [see Article XXI Section 14-133 A [3]] which requires a minimum rear yard setback of 20 ft. and a minimum distance separation of 15 ft. from dwelling to allow the installation of an above ground swimming pool having a rear yard setback of 10 ft. and a distance sepa- ration of 13.75 ft. from dwelling on premises located at 7 Jason Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 207 Parcel 142 on the grounds of practical difficulty and/or unnecessary hardship. Dr. Mizrahi appeared before the Board and said he needed the pool for medical reasons. The Board questioned about the fencing around the pool and were concerned about safety. The Board, also, asked about whether it would be necessary at some time to replace the liner or make any repairs to the pool but the applicant said there was a 15 year guaran- tee on the pool and liner. After further discussion the Board decided that if the ap- plication was approved they would stipulate that if any structural changes or modifications were to be made in the pool the application would have to come back to the Board. A vote was taken on the application and the result was as follows: Commissioner Boraczek - Aye Commissioner Moore - Aye Commissioner Carr - Aye Commissioner Mosher - Aye The application was therefore approved with the condition that if there were any structural changes or modifications to the pool at any time the applicant would have to return to the Zoning Board. The following Resolution was therefore adopted: WHEREAS, Mr. and Mrs. Abraham Mizrahi have sub- mitted an application to the Building Inspec- tor to allow the construction of an above ground swimming pool having a rear yard setback of 10 ft. and a distance separation of 13.75 ft. from dwelling, together with plans; and WHEREAS, the Building Inspector has refused to issue such permit on the grounds that the plans submitted failed to comply with the Zon- ing Ordinance of the Town of Mamaroneck with particular reference to Article IV Section 89-20 C [3] "Permitted Accessory Uses in an R-15 Resi- dence District" as permitted by the Building Code [see Article XXI Section 14-133 A [3]] which requires a minimum rear yard setback of 20 ft. and a minimum distance separation of 15 ft. from dwelling on the premises located at 7 Jason Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 207 Par- cel 142; and WHEREAS, Mr. and Mrs. Abraham Mizrahi have sub- mitted an application for a variance on the ground of practical difficulty and/or unneces- sary hardship for the following reasons: 1. Therapeutic - Dr. Mizrahi suffers from lumbar disc syndrome. Aquatic therapy has been recommended by his physician. 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. That the existing rear yard is very shallow in depth. 2. That there is no other lo- cation on the property where a lesser variance would be required for the installa- tion of the pool. r 3. That the size of the proposed pool is the mini- (412 mum which would provide the applicant the neces- sary space for aquatic therapy. 4. That said circumstances or conditions are such that the particular appli- cation of the Ordinance with respect to Article IV Section 89-20 C [3] "Permitted Accessory Uses in an R-15 Residential 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 ac- complish this purpose. 5. That the granting of the variance is in harmony with the general purposes and intent of this Ordi- nance and will not be in- jurious to the neighbor- hood or otherwise detri- mental to the public wel- fare; and it is FURTHER RESOLVED, that a variance is hereby granted and that Article IV Section 89-20 C [3] "Permitted Accessory Uses in an R-15 Residence District" be varied and modified so as to allow the con- struction of an above ground swimming pool hav- ing a rear yard setback of 10 ft. and a distance separation of 13.75 ft. from dwelling on premises located at 7 Jason Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 207 Parcel 142 in strict conformance with plans filed with this application subject to the fol- lowing condition and provided that the applicant complies in all respects with the Zoning Ordi- nance and Building Code of the Town of Mamaroneck. That if any structural changes or modi- fications are made to the pool the applicant must return to the Zoning Board of Appeals. FURTHER RESOLVED, that in accordance with the Rules and Regulations of the Zoning Ordinance where a variance is granted the applicant must 7, 1 obtain a building permit within three months of the filing of this Resolution with the Town ,r"'" a Clerk. The building permit shall be void if construction is not started within six months and completed within two years of the date of said permit. FURTHER RESOLVED, that this decision be filed with the Town Clerk as provided in Section 267 of the Town Law. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 9:30 P.M. Rita A. Johns , Secretary 4::) Ac(