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HomeMy WebLinkAbout1984_11_28 Zoning Board of Appeals Minutes MINUTES OF A REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK HELD NOVEMBER 28, 1984, IN THE COURT HOUSE, 1201 PALMER AVENUE, TOWN OF MAMARONECK, LARCHMONT, NEW YORK. CALL TO ORDER The meeting was called to order by the Chairman at 8:15 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 APPROVAL OF MINUTES The minutes of the regular meetings of July 18, 1984 and October 9, 1984 and the Special Meeting of July 31, 1984 were presented and on motion made and seconded approved as submitted. The Chairman asked the Secretary to read the first appli- cation which had been postponed from the meeting of Octo- ber 24, 1984 which was not held because of the lack of a quorum. APPLICATION NO. 1 - CASE 672 Application of Mr. and Mrs. James Lanza for modification of Article VI Section 89-35 Subsection B (2) (a) & (b) & (3) "Construction Requirements for an R-6 One Family Residence District" which requires a minimum side yard of 8 ft. and a total of both side yards of 18 ft. and a minimum rear yard of 25 ft. to allow the construction of additions to the dwelling creating a minimum side yard of 5 ft. and a total of both side yards of 14.5 ft. and a rear yard of 17 ft. instead of the minimum required rear yard of 25 ft. on the premises located at 95 Laurel Avenue and known on the Tax Assessment Map of the Town of Mama- roneck as Block 124 Parcel 465 on the grounds of practi- cal difficulty and/or unnecessary hardship. Mrs. Lanza presented her application to the Board and said they presently have two small bedrooms in a small house. The applicant said they would like to have an eat in kitchen and another bedroom. Mrs. Lanza further said they would change the present bedroom on the first floor into a dining ttioroom and move the bedroom upstairs. A question was raised as to the garage that had been on the property and where the applicants would put their car • and Mrs. Lanza said the garage was no longer there and the addition included a new garage. I PPP- 4 Mr. Mosher said he was concerned about the Weaver Street side of the property as to whether the Fire Department would have a problem bringing in their equipment. It was pointed out that the house is smaller than what is now allowed in the zoned district. After further discussion on motion made and seconded for approval of the application the Board voted with all five members in favor and the following Resolution was adopted: WHEREAS, Mr. and Mrs. James Lanza have submitted an application to the Building Inspector to allow the construction of additions to the dwelling having a minimum side yard of 5 ft. and a total of both side yards of 14.5 ft. and a rear yard of 17.60 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 89-35 Subsection B (2) (a) & (b) & (3) "Construction Requirements for an R-6 One Family Residence District" which requires a minimum side yard of 8 ft. and a total of both side yards of 18 ft. and a minimum rear yard of 25 ft. on the premises located at 95 Laurel Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Par- cel 465; and WHEREAS, Mr. and Mrs. James Lanza have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hardship for the following reasons: 1. The existing space is inadequate for a family of four as there is pre- sently a mere 800 sq. ft. of living space in a one story dwelling which is less than the 1,000 sq. ft. mini- mum requirement. 2. The existing kitchen is not large enough for a table and the proposed plan would provide a much needed eat in kitchen. 3. The proposed plan would enable the applicants to have adequate living space by providing them with a kitchen, dining room, living room, den one car garage and a deck on the first floor with three bedrooms and two baths on the second floor. 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- cation 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 existing structure is below the livable floor area requirements for an R-6 One Family Residence District where it is located. 2. The addition will pro- vide livable floor space in conformance with the zoning requirements. 3. The proposed addition will also provide for a garage facility. 4. That said circumstances or conditions are such that the particular application of the Ordinance with res- pect to Article VI Section 89-35 Subsection B (2) (a) & (b) & (3) "Construction Requirements for an R-6 One Family Residence Dis- trict" 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 minimum adjust- ment that will accomplish this purpose. 5. That the granting of the variance is in harmony with the general purposes and intent of this Ordinance and will not be injurious O 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 89-35 Subsection B (2) (a) & (b) & (3) "Construction Requirements for an R-6 One Family Residence District" be varied and modified so as to allow the construction of additions to the dwelling creating a minimum side yard of 5 ft. and a total of both side yards of 14.5 ft. and a rear yard of 17 ft. on the premises located at 95 Laurel Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 124 Parcel 465 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 sLx 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 673 Application of Mr. and Mrs. Bruce Weiner for modification of Article VI Section 89-34 Subsection B (2) (a) & (b) "Construction Requirements for an R-7.5 One Family Resi- dence District" which requires a minimum side yard of 10 ft. and a total of both side yards of 20 ft. to allow a 2nd floor addition over existing garage maintaining an existing nonconforming side yard of 6.1 ft. and a total of both side yards of 12.8 ft. on the premises located at 132 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 119 Parcel 54 on the grounds of practical difficulty and/or unnecessary hard- ship. Mrs. Weiner presented the Board with a petition signed by her neighbors and said she presently lives in a small O house with two bedrooms. The applicant said her son's room is very small and her hardship was that she had lost her brother and father which will necessitate her mother coming to live with her for about five months of the year. Mrs. Weiner stated that her Architect was present and he r 11 would show they had tried other ways and the proposed plan was the most feasible and practical. Mr. Weinstein, the Architect for the applicant said that if the room was added in the back it would require a second story addition and would be more costly than the addition over the garage. Mr. Weinstein further said that he did not think the proposed addition would have any impact on the adjacent properties and if it was in the back the ap- plicant's would lose part of the existing bedroom. Mr. Weinstein, also, said it was a small house and the addi- tion would improve the appearance of the house. The Chairman read a letter from Mr. Zavell of 62 Maple Hill Drive who said he had previously signed a petition to object to the application but since changed his mind and now has no objection. The Chairman, also, read a petition signed by eighteen (18) neighbors in favor of the application which was made part of the record. Mrs. Sheffield of 64 Maple Hill Drive spoke in favor of the application as did Mr. Charles Waring of 21 Orsini Drive who said he could support the applicant's hardship. • Mr. Edward Sweeney of 10 Orsini Drive said he had seen the plan and had no objection. Mr. Carl Magazino of 134 Murray Avenue said he wanted to be a good neighbor and pointed out that the Weiner family is the same size as when they bought the house. Mr. Magazino said it was a three bedroom house and when the Weiners had made the previous addition it was supposed to be for the mother. Mr. Magazino further said that if the addi- tion was allowed above the garage it would further invade their privacy as the bedrooms are very close now. Mr. Mosher explained to Mr. Magazino that there presently is a nonconformity and the addition would not be any closer to their yard than now exists. Mrs. Magazino said she is an artist and aesthetically the addition bothers her and since Mrs. Weiner has a domestic living in her basement now couldn't that room be converted into a room for the son.,. Mr. Weiner said that they have lived there for 52 years and they enclosed the porch to be used for a bedroom. Mr. Weiner stated that they have two children and only want to make the house more comfortable and liveable. Mr. Weiner, also, said that his son will soon be fifteen ® and the house has gotten smaller. The applicants stated that they had looked for another house but financially it is impossible. Pr- Mrs. McAndrews questioned about why the addition could not be in the rear and if the proposed room could be built without a window. Mr. Weinstein pointed out that the gar- age has a sufficient foundation and if the room was added in the back the present master bedroom and bath would be made smaller. Mr. Boraczek read the petition that the Magazinos had pre- sented which was made part of the record and contained thirteen (13) signatures of people who objected to the addition. Mrs. Nicolaysen of 138 Murray Avenue said her husband was unable to be there as he was out of Town and she does not know the Weiners but feels there are presently four houses in a row that are nonconforming and if each came and re- ceived a variance you will see nothing but driveways. A motion was made by Mrs. McAndrews and seconded by Mr. Mosher that the application be approved but Mr. Hardesty and Mr. Simon voted against. Mr. Boraczek said after hearing Mrs. Nico- laysen he was against the application. The application was therefore denied and the following findings were made by Mr. Boraczek: WHEREAS, Mr. and Mrs. Bruce Weiner have submitted an application to the Building Inspector to allow the construction of a 2nd floor addition over the existing garage maintaining an exist- ing nonconforming side yard of 6.1 ft. and a total of both side yards of 12.8 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 Ordinance of the Town of Mamaroneck with par- ticular reference to Article VI Section 89-34 Subsection B (2) (a) & (b) "Construction Require- ments for an R-7.5 One Family Residence District" which requires a minimum side yard of 10 ft. and a total of both side yards of 20 ft. on the premises located at 132 Murray Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 119 Parcel 54; and WHEREAS, Mr. and Mrs. Bruce Weiner have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1. Due to lack of space in their pre- sent home, the applicants have been looking for new housing for many months but due to high rates, etc. it is im- possible to move. 2. The applicant's son (age 14) pre- sently has a bedroom 6'4x11'4 which is inadequate. r � 3. The proposed new bedroom over existing garage will not exceed pre- sent structure nor will it be closer to existing side property lines than the house. 4. The applicants have taken all other considerations for the exten- sion elsewhere but due to the layout of the house and their budget no other alternative is as feasible as the plan submitted. 5. Four to six months of the year the applicant needs provision for her widowed mother. 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 on the following grounds: 1. The applicant failed to show that additions to the dwelling could not be located in other areas not requir- ing a zoning variance. 2. That there were no special circum- stances or conditions applying to the land for which the variance is sought which circumstances or condi- tions are peculiar to such land and which do not apply generally to land in the district. 3. That the facts and circumstances claimed by the applicant to entitle him to the variance are not such as would deprive him of the reasonable use of the land. 4. That the granting of the variance is not in harmony with the general purposes and intent of the Ordinance and would be injurious to the neigh- borhood and detrimental to the pub- lic welfare. 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- ih6- cation. r APPLICATION NO. 3 - CASE 674 Application of Mr. and Mrs. John V. Hogan for modification of Article VI Section 89-33 Subsection B (2) "Construction Requirements for an R-10 One Family Residence District" which requires a minimum side yard of 10 ft. to allow the construction of a one story addition at the rear of the dwelling maintaining an existing nonconforming side yard of 6'3" on the premises located at 744 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 38 on the grounds of practical diffi- culty and/or unnecessary hardship. Mr. Hogan presented his application and said they were applying to enclose an existing structure. The applicant said the house is very small and they are proposing to make the screened porch into a den and living area. Mrs. McAndrews questioned as to whether the porch was com- pletely screened in and if there had been a permit. Mr. Hogan said he had lived in the house for 3% years and it was pointed out that the same roof line would be main- tained and they were going back another 32 feet in the rear but there was no zoning violation in the rear. After further discussion on motion made by Mr. Hardesty and seconded with all the members voting in favor the ap- plication was approved and the following Resolution adopted: WHEREAS, Mr. and Mrs. John V. Hogan have submitted an application to the Building Inspector to allow the construction of a one story addition at the rear of the dwelling maintaining an existing nonconforming side yard of 6'3" 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 89-33 Subsection B (2) "Construction Requirements for an R-10 One Family Residence District " which requires a minimum side yard of 10 ft. on the premises located at 744 Forest Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as Block 223 Parcel 38; and WHEREAS, Mr. and Mrs. John V. Hogan have submitted an application for a variance on the ground of practical difficulty and/or unnecessary hard- ship for the following reasons: 1. Additional room urgently needed to make small house livable. 2. The only expansion possibility is to convert existing enclosed porch to climatized living area and extend- . ing same an additional 6'61 " to the 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- 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 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 side yard any further than the present structure. 2. The proposed addition will provide for additional living space for the appli- cants. 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) "Con- struction Requirements for an R-10 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 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 7-- FURTHER RESOLVED, that a variance is hereby 7 granted and that Article VI Section 89-33 Sub- section B (2) "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 rear of the dwelling maintaining an existing nonconforming side yard of 6'3" on the premises located at 744 Forest Avenue and known on the Tax Assess- ment Map of the Town of Mamaroneck as Block 223 Parcel 38 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 last appli- cation. APPLICATION NO. 4 - CASE 675 Application of Mrs. Ann McAtee for modification of Article XI Section 89-67 B "Layout and Location of off-street parking facilities" which requires a minimum front set- back of 25 ft. to maintain an existing off-street parking and turnaround space having a front setback of 3't on the premises located at 423 Weaver Street and known on the Tax Assessment Map of the Town of Mamaroneck as Block 107 Parcel 734 on the grounds of practical difficulty and/or unnecessary hardship. The applicant's son said they had constructed the off- treet parking for the safety of his mother as it was impos- sible for her to back out of the existing driveway. The Board discussed the proposed plan and suggested Mrs. McAtee go back to her Engineer to see if he could not come up with something more suitable. The applicant with- drew her application until another meeting. ADJOURNMENT There being no further business to come before this meet- ing it was adjourned at 10:00 P.M. Rita . Johnson, S cr tary