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.
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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
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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.
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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.
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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